The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-20
CITY ELECTION FRAUDS.
Court OF General Sessions.
Before Recorder Tillou.



Before Recorder Tllou
SEVENTH DAY.
MAY ls.-In this case Mr.. Doscher of the jurors
the plea that his wife DYING obtained leave to
sent himself, and by consent of parties the
continued before eleven jurors.
After two witnesses had been examined for the
prosecution
Mr.. Shepard to lay points before the court
His clients charged in the Arst count Of the indict
ment with unlawfuy adjourning the canvass before
completed" appeared that all the votes we're count
Cd but the returns made till the following day.
and what he contended was that the making up of
the returns was part of the This mode he
said OF making returns had been followed in the city
Tor many years. general verdict of guilty here would
Az upon these men the stain of having made false
turn when it evident they had committed any
such offence No evidence had been brought forward on
the part of the prosecution that could convict the de-
PENDANTS and this he contendei question Of law
furt @yucd that the statute Of 1912, upon which the
ndfonWt in this framed, had reference to
the election OF aldermen and that for an act which
not offence at common law, the prosecution could
( be mAinta tanned.
Mr. M'Keon followed the same side, and produced
authorities TO show that the Canvass scrunizng
The votes and that the returns the certificate Of
The result-the one totally distinct from the other.
Mr. Han said that the fascy Of the argument on the
he had made He had doubt of the Interpretation to be
pat upon the statute; where said it
canvass and nothing else He started with the plain
words Of the statute and had doubt the subject
II rst spoke baots and when it spoke of canvass
ing the ballots, it did not mean votes
Mr. Shepard referred to the Indictment where ballots
and votes were used with the same adjudication.
viate all difficulties.
Several more witnesses here examined for the
prosecution; after which
nembered that committee formed in this Twen-
teth ward case, composed of himself Blunt wakeman,
0overt and Woodward. Mr.. Blunt District Attorney,
represented Mr.. Tucker Tn question discussed was
whether votes for &c Tucker could be given to Cum
ming H. Tucker, and it was decided that they could
After Mr.. Shepard bad addressed the jury
Daniel Hackett, witness for the defence
cd who being sworn deposedI was present at the Twen
tieth ward election on Sth November; heard of &C.
Tucker ticket Mr.. Mooney putting the tickets
the wire with split tickets, and some said they
this after the tickets had been sorted OUT did not
hear the number mentioned.
Hugh Chitty deposed-I of the poll clerks
Was present at The canvassng of the charter ticket
when the inspectors had sorted the tickets they began
call the number OF votes; kept tally Mr. Holmes, the
other clerk kept the principal tally he sat next the in
spectors there tickets for &c Tucker which were
Kept the table close by the canvasser there were
thirty five &C. Tucker tickets called by Of the in
spsctors not whether it by Mr.. Turner
Mr. Mooney from the call thus made Mr. Holmes kept his
ished was present day Turner's house when
the returns made Quit about O'Clock p.
the returns we're made out from Mr. Holiness tally;
Holmes read the number Of votes for each candidate
from his tally; Murray wrote them down in the first
place. and Holmes made copy; think these returns
were signed by the inspectors on Thursdays In the
ing when the returns made up the three defendants
Holmes and were present; also Judge Waterbury,
gentleman named Turner and others whose names 10
not remember when the &C. Tucker ticket was called
some on tside made remark, nquring IL distinc
ton was going TO be made between that and the Cum
ming H. 1ucker ticket Mr. Holmes asked IL he should
keep separate tally for the two tickets, and told
10 DO So saw Holmes take few and examine them.
To Mr. Hall-There some words about the tickets
at the time whether they could by counted for Cgmming
II. Tucker not; the c. Tucker ticket; this talk
took place at the pono in Mr. Turner's house: Ibid
enter residences of the greater number of voters
the book; after counting the tickets went to Mr.
nurrays house; Mr.. Murray announced the sesult OF
house where met the next day. the returns for char
ter election made out first; commenced about
one O'Clock and ended about O'Clock at night other
people, who not inspectors clerks, there;
could not swear positively whether McConkey was there
the night OF the election present at the
Of the charter ticket heard there g c. Tucker 3d."
called out by one OF the but could not say by
whom saw the tickets Immediately after the boxes were
upset picked up two packages Of 9fc them.
alderman threw the packages that picked in
tho street. spoke of them the next day at Mr. Turner
but do not remember to whom; electioneerng for
by boys and about the polls c. H. Tucker called
out, and of the members said "No, C. Tucker;'
stood them inside Of the counter saw the whole thing
closed up that night, it was all public saw the
ballot carried away but cannot say whether by
the police the inspectors.
Nelson j. Waterbury deposed-I was at the canvassng
in Mr.. Turner's house on the day in question twice
once about eleven in the morning and another time
about three In the afternoon remained there
to fifteen minutes each time, and went there for the
purpose of ascertanng the result of the election in that
district; then candidate for School Commissioner
the second time there ascertained the result Of
the election there objection to give this
formation the general practice in cleo to
the votes and make up the returns the next day
Ifaac Vermlye deposed-I saw the &C. Tucker tick
e's first on NE morning after the election; one war
shown 10 me by Mr.. Moody, who told me the number
Polled
existence OF &C. Tuckern ticket and TO attest to the
good character OF the defendants, VIM Murray VIM.
Turner and Hugh Mooney
After the counsel on either side had summed up the
Court charged the jury nearly as follows
Gentlemen OF the Jury-l am gratfed that we have
30 nearly reached the OF this protracted trial
and the verdict be what IL may your patience de
all commentator. The charge is one both in it,
character and nature exceedingly grave aud important
il thee Is one thing Of greater Importance than another
il this for the purity Of the ballot box is involved in
it. II that is allowed TO be impaired from whence flow
all the blessings OF this counry that Is trenched up
then all those institutions of which boast resolve
into nothing Is TO be allowed that every citizen should
be done In the Of this high
Office The zeal OF the District Attorney Is therefore,
natural and is the zeal OF the unset charged With
the defence in their endeayor TO bring to light the nno
OF their clients. You must regard this
ccrding to a,v-you must not take into consideration
the feeling displayed either side II is your duty
shut out all influences other than those which the tst
mony Of he compels understanding to receive
Recopect that this Is not trial In which any side Of
politics Is govern. No political BIZ m enter your
minds We 30 not know the parties before except
ordinary persons and in pang the proofs take
ahat your reasongs are logical The charge is un
der e statute of the State which directs that IL
.dicer shall be guy of wul neglect corruption in
the exercise the duty IN question: he shall be guilty Of
amlsdemeauor. Tbs Indictment Is drawn up In three
counts The facts cfdhe these In the general
election last November, in the Twentieth wars there
was for Alderman. and in the first distre', the
parties 90 trial appointed as Inspectors,
and they had two clerks. The election proceeded aud
fhe Close of the polls they counted the votes aud went
into the They appeared 70 have counted the
votes according TO law The votes asceraincd ash
put in piles and at what they deemed the termination
n tie businees, they adjourned postponed the can
When that ceased is of the questions
for the Jury consider II has been alleged hy the de-
endanps council that the inspectors had right 10 adj
ourn and make the certificate on the next day u has
also been conended by the defendants, that the
counting OF The ballots and finishing whou; any written
certificate OF the result i completion Of the canvass
his honor here read the law the subiset.l Ny
"swi That 10 h the defendants counsel sye IN error