New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1847-05-27
Contested EIection--Fourthw Ward.


Contested EIection-Fourth Ward.
Yesterday, at 5 P. NJ, the Special Committee
appointed to inquire into the merits fthe petition
Of certain electors against the return Of GToRoE n
PURsER, as Alderman OF the Fourth Ward OF this
City, and requiring that it should be set aside, and
Mr. Fitzgerald declared elected, or new election
ordered held its first sitting in the Chamber Of the
Board Of Aldermen. Messrs. Bartholomew O'Conor'
Florence Mccarthy, and John Graham Counsel for
the complsnans and Mr. David Graham for the sitting
Alderman.
The Committee consists Of Aldermen McELATB,
KELLY, and FEERs.
Mr. MCCARTHY, for petitioners, stated that the COM
plsnsus chiefly relied on proving, first that a number
of Illegal votes were given for Alderman Purser and
second that large number olegs voters were prevent
ed from voting all but the Counsel abandoned no part
of the allegations contained in the petition.
Mr. GRAHAM asked whether II would not be advisable
IN refer 20 the Board in the fret instance the question
whether II the alleged cts which the petitioners rely
were proved they contain anything that would justify
s action adverse To his client That was question OF
Law II be should succeed In satisfying the Board that
there is nothing alleged which, II proved would war
rant decision against his client then 1t would be unne-
csssary To inquire into the truth of the matters alleged
He objected to the form of the petition and 10 the suit
cheney It's specifications and reserving all questions OF
fact desired that the Board would hear counsel and then
decide whether the petition ought not to be dismissed on
contains allegations sufficient 1t proved, TO warrant
compliance with its prayer then the matter would be
this Committee To inquire aud report for
the final action OF the Board. His object was to be
saved from going into double argument on the same
snhiect-frst before the Committee, ana thereafter be-
fore the Board II toe Committee object OF course the
law argument would have to be gone into now and then
again before the board previous 10 its final action.
The Counsel for the Complsnsnts old not At nrst OBJ
iect to the law question being At once decided on argu
lnent before the Board and the Committee were will
ing that the should take that course II the Board
would permit it, but when il stated that would be
two weeks from last Monday. before the Board would
cit, Complsinsnts objected The Committee then re-
oues,ed Mr. Graham TO proceed.
Mr. GRAHAM said, that the first preliminary question
to be considered by Committee wss whether, ON the
face of the memorial there was not sufficient Cause In
their opinion report that there was no case before
them which II proved could warrant them TO re-
commend the unseating of Alderman Purser. The hrst
specification is that the ballot boxes OF Third District
were not inspected before the polling, that they were
unlocked and remained during the election. sup
pose the requirements of the law Of 1912 had not been
In this respect complied with he denied that it vated
the election because fraud ia alleged to have been
the result of this glectno vote IL pretended 20 have
been loot changed by this mere omission Where an
omission alters the result Of election, of 1t
forms valid obecton-where IT in no respect affects
the results (ss In this case IL can In no way stec the
return. MIR. Graham mentioned many requirements,
by statute and usage all Of which rarely attended
to In any election but they unessentia the
main result II the leaving ballot box unlocked some
where some other similar irregulsrty At some Dis
follow that the same neglect in any District,
would inyaiiate the election Of Governor OF tn,
Ststa President OF the United States Sci.
dom such elections held without such omissions
and even they corrupt IL is the Officer that de.
serves punishment He quoted case. Van Rensselae
Van Allen, tried before Committee Of the u of L.
in Congress Mr. V r. complained thst In on' district
the baotbox tied with tape and no, locked, and
that ballot.box and the uncOunted ballot in IT, hsd
been six hours In the sole possession Of the sitting
ber (Mr VA) The committee resolved mat az nothing
81 frha all and -
complained that these facts had change the result OF
the election, MIR V. A. ought TO keep mis- Mr.. &.
next stated Tennessee case, Arueld Leel where
there locked box At all regulated by statute
but the votes taken In gOurd (csabash or pump
kim and the gourd tied up ir a handkerchief IL
there proved that the Inspectors honest men
aud Congress the Il OF r. held, that as there no
charge OF fraud the election valid although where
Inspector negecis any statute duty he may be pun.
ished by law.
Mr. Graham stated other cases Of irresuariv In all
OF which the II OF r. hsd decided that candidates
had power the Of the officers the people
not 10 lose their representation in Congress be-
of the neglee, Of such officers, especially
where no fraud was alleged. Ia the Sixth Ward cleo
ton. in 1872 irrsgusrity shown the time Of
csnvsssiRg the votessuch doing IL the wrong day
The Court Judge CoWen delivering its opinion decided
thst this neglect Of duty did alter sfect the final
result Of the election and thst the people ought
suffer The question was, Who had been elected and
the irregusrity the part Of the inspectors had
prevented that from being truly sscertsined Mr.. g..
cited additional cases and then ssksd what had Aid.
Purser the electors done 10 nuiy forfeit the cleo
ton why il should be set aside because Of the limo
cent act OF leaving unlocked district ballot box In
case. Ia Congress where irresuArity evidently At
fected the result Mr. g. showed that the H. of set the
return aide and be argued that was results that bad
to be looked at not acts In themselves innocent both
regards the candidates and the people.
As 10 the second allegation. that the ballots did not
tally with the poll lists be asked whether In Of
counting ballots II had not often happened in their
perence that ballot mad got within the fold of
iher Is conceded that Aid. Purser Is elected by
majority OF votes In the specification OF memorial
ists alleged that the ballots found the boxes
ceeded the number on the poists BY say 10 e-but
whether were4 they would not have changed the
result Of the election. and II why into evidence
10 prove fact which would no; affect the return
Mr. Graham hsd not got far the points named By
Mr.. Mccarthy. when the Committee adjourned I'll .
clock next Saturday afternoon. at the Plse' o
PEAcE RUMoR-Letters were re-
; city yesterday from Tampioo, stat eived In TIL
wees from the CsptAl. mentiop> az that recent q
the British Minister. had bee q that Mr.. Bsnkhes'
! authorities to use hs Z" requested By the MexicA
about an arrsnSemer eudy oices. in order 10 pm
: not ourselves, pl' with the Uaited states. We
know OF lester se much reliance the runor. a.
CO. Which . from hish sources In the City Of he1
peace: .,.,s th.t though many are In tsvor
the 40 one dare svov such sentiment 90 suons
popular feeling against any accommodation W
lis country, though the capture OF me Osp'A
looked upon as probable event ,-.,..
e. One l.s,-r .ay.. Though have no intention
LAT following the example of the Russians ~ sarHiHs
an city nevertheless the entrance OF the
capital will be as fatal 20 their army a. aosoO" -
en the French There H. OF course, sooa 80 " -
gsdocis in all this but sail We think WI Dc 'e
dangerous move for Gen scorr TO cur n,aH>n .
CT. from all bis communications with vera Oru% .1u
vance on the City OF Mexico until he has uaucn H
&c force thsn At present under his command Ps1ueu