The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-13
Court of General Sessions
SECOND DAY.

Mooney charged with having as Board OF Inspectors
made false return of the votes poed at the election
held in the First district of the Twentieth the sth
OF November last was proceeded with.
The first witness called for the prosecution yesterday
was Franklin w. willard, who deposed that he was pre-
sent at the election held on the sh Of November last
was there during the whole of the day. from the morn
ing until the polls closed; was employed by some
party as a challenger there were four tickets, he
thought
@ State what occurred there on the closing of the
polls.
A. The Inspectors commenced canyassng about dark;
il was a rainy night; requested by party to remain
there and take minutes of the canvass the Assembly
tickets first opened and empted the table they
were then counted, and the whole number of tickets
poed announced they then opened and separated
and each candidate ticket put in pile; as they were
and after the tickets they were piled
up in tens when the whole amount canvassed the
tickets twisted up and returned to the again
the State ticket then taken up and then the char
ter Murray wished the others the charter tick
cts instead OF him, as he interested party; he
turned the boxes towards them when he made the re-
mark; in the first tally there eleven votes and
the next witness insisted there should be another
count as Inspectors Mooney and Murray counted the
tickets looked the shoulder of Mooney and count
ed after him. Turner said the inspector Off
Ger, and capable OF performing his duty without my
assistance witness said he did not think there
harm in his counting them, and he said " there
deal OF harm in it,; there nothing particular han
pened after this saw other mistake de up the
time the canvass was finished
O. Do YOU know how many votes announced for
r. Mctonkey2 Objected to, the minutes could not
produced, and oyerruled by the Court
Question amended-was there any announcement
do not precisely remember any announcement that
'ening; there might have been one, however.
O. Ifo you remember the amount of the tally for Al
trnen which you kepty
tption noted.
O. What the RESULT A. That tally in wri-
ting; it was the minutes that have spoken before.
Defendants counsel then objected his stating the
contents without producing the writing.
Mr.. Hall insisted on his right TO have the witness
collection as to the best evidence.
Mr.. sheppard said this was not ordinary memoran-
Objection overruled and exception noted.
@ What the result OF that tallys A. For Mr. Nc.
Conkey los; Collected TO and exception noted.)
q. And for Mr.. Cummings II. Tucker objection
overr 2 and exception noted) A. III,
q. What time did the canvass close2 a. About mid
night; at the closing of the the tickets
twisted up and put back in the boxes again, and the
boxes placed under the counter after the of the
charter, people in TO hear the result; witness
nounced il he had done before there was some
soe d we e M S
business and hope it is satisfactory TO all parties y
q Did you leave the premises before the Inspectors.
A. think some OF the Inspectors were there when left
the premises.
Q How deep the room before you up to the
counter : A. About eight feet.
Q The width OF the counter 7 A. About two and half
O The rear of the room where the Inspectors sat9 A.
Q. Who the Clerk at the pon2 A. | do not remem-
Der his
O. During the canvass did you hear ballot of Cum.
mings ii. Tucker read off A. No. sir; kept tally on
piece OF paper which retained in my possession about
two three weeks, and then gave to Justice Stuart
Cross Misunderstanding the canvass of the tickets |
Sat most OF the time with my legs the COUNTER there
some excitement about the election; a number of
gentlemen took an interest in the election OF Mr. Nc
Conkey; the place inside the counter is about eight or
ten feet in depth think the first ticket that can
vassed the Assembly the second the State the third
the Assembly the fourth the Senate and fifth the Char
ter; when the charter ticket canvassed there
quite crowd outside the counter; the not
crowded until the close of the canvass there good
deal Of discussion to how the vote for aldermen Stood
do remember hearing any saw that he had
public duty to perform and must be let alone; Mr..
Mooney was absent during part OF the day. but
1 do not RENE nber whether the Others were away or
not Mooney absent sometime during the can
ASS, and when he returned the
nued; curing the time OF the receipts of the
ckets there were number of persons sitting the
,unter besides myself, and some inside OF the
sumter was acquainted with of them; Mr.. Conk
sat noar of the time; the people were talk
AZ together on different topics; Mr. Winans there
iso; that mark (reerrng to the tally fty-fve
vote. o cumming a. Tucker each marx means ten, and
we're put down when the inspectors said tally for
Tucker Mr. Mooney announced them; set down the five
votes when five were announced marked the - to
sist him when the tickets were emptied the table
they counted in the whole the different tickets
then selected out and placed in piles they then
taken counted by the regular tickets were
placed in pile and the split tickets in another:
think the scratched tickets put upon wire and Ill
edbe defective ballots were placed the candlestick
Mooney called out tally" for HcConkey Tucker, and
from these calls he made entries the book the thirty
six marked the tally separated from the rest be-
cause Bunker the Assessors ticket, which made
il separate one; Mr. Murray candidate for Asses
on the McConkey ticket.
To Mr.. Hail. there at the opening Of the polls.
To Mr. Mckeon-l am a member Of the Wing Commit
tee was there at Concklins request challenge votes
Mr. ConckIn gave me IS TO stay there; am painter by
trade but engaged in the mac hinery business
was not sent there TO watch any one in particular;
had particular instructions to watch the inspectors
in fact did not know their heard nothing as to
their being regarded with suspicion; took interest
in the Tucker ticket and other Clarke got about
30 votes the canvass commenced about dusk the
lighted with candles (sperm); there about
three candles there two clerks seated behind the
screen the candletcks used were to the best of my
opinion constructed out OF tickets put
under the turnips.
To Mr.. Hail-There must have been two piles of the
Tucker tckeone the regular ticket and the other had
stGridey' on il "for Assessor the Cummings b.
Tucker ticket Van Ceve announced for Councilman
tickets that day he had given out all he had before
that, to those he had any influence with.
Mr. McKeon-hd you get anything to eat that nights
A. Not until | went home.
@ Did not defendants offer you some clams9 A. No,
they did not they had there but they did not oer
me even as much as a she'll laughter.)
Q Were they hard soft shellsY A. think they
were soft, sir. daughter
John b Gridey, re-called.-Counsel for defence.-Q
You were candidate for Assessor, you notg A.
O Did you go to Mr. Murrsy's houscY A. did
u Who came with him from his houseY A. Either Mr..
Turner Mr.. Mooney.
Q. What remarks did you make to Mr.. Murray A.
Alderman; he said he could not, the clerks up
stairs busy making them out, but that he would give
the returns regarding the ASSESSORS
Q. What did he show you A. He showed me the
number OF votes poled in each district and found that
/ defeated and he elected.
@ You asked him TO show the returns of the Alder.
nanS A. | did
O Were you on terms with all the Inspectors A.
was
O. Were you good speaking terms with Mr.. Murray
A. was.
O with Mr.. Turner A. merely bowed to him when
we met.
q. The election for Alderman considered very
closer A. IL
q. Do you remember any remark on the part OF Mr..
Murray saying that he had been bored to death and
up all nightr A. Could not say that did.
O. Don't you know they had very lsborous day of iu
A. | will admit that.
James Kearney being duly sworn, deposed that he
voted the election election day not there
at the canvass, but Mr. Murray and Mr. Turner the
next day in Seventh street and had ersaon with
them