The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-06
the CONTESTED CuMpTRoLLeRsulp
Giles versus RIagg.
THE CASE IN THE SUPREMK COURT.
Before Judge Emott.

/
this morning. The 6rst witness examined wsa Isas
| Clarke, who testified as follows
lhve in Fhy.third street, Second avenue; va
in the poll room OF the First district after the last ees
ton know Mr.. Bolster, who of the inspector
there; had conversation with Bolster On the
OF Comptroller; asked him to give me the vote for Mr.
Flagg, and be did, he said the number was 3l8 it wa
between nine and eleven O'Clock.
oross-examinedI live in Fifty-thild street; hays
resided there since last May and have lived there
eight years; am in the second election district;
voted for Mr. Giles; am contractor of tie oity. be-
long to the Banner Association the same that Mr. Kstch
u belongs to; the conversation between me and B,lste
vas In the poll room was in the room; saw Mr.
hetchum there there wsre ak seven there; they
we're engaged about the boxes when FIRST spoke to
Eoser he was not doing anything; think he looked
the paper when asAed him the vote did not look par
Icuarly at tie paper and Gid not whn on Il;
"a Lot make inquiry about sny other oice have not
got the memorandum made tuen il is three or four
wsess since saw II there ars about five corpora
know how many men they employ; Mr. Brown is con.
tractor ala had cIe buIcrsd ls0oiers emp0y ed have
contract in tishty sixth street, Mr. Farley is engaged
CT contract; Dan Gallagher Is ano. Ger contra,tor
Q. Dc you know the state Of feeling among the con-
35teo,s and their men as showing how they would be
hhei5 10 yosef Objected 70 by counsel for defence
Counsel .or plaintiff 3ntended that 1t was simssiSe
"a It was intended to prove the state of feeling among
vas their otject TO show that there wAs reason for
ne yote .hish was given tor Gles ia that district
he would allow the uuesti it
simply to show The feeling Of those living the First dis.
tiict On tie election Of Comp roller.
q Do Of those oontrscors live in tha First district
ef The Naelesnth ward Yes sir .Hr Gallagher does
@ Does Rownf A. Nc SIT; some Of his worA il in the
tIs' astiet DON'T spow where Gaiiagher's wors
a. What the state feeling among he
and their iAborsrs virg ard working IN the First di
Vet q the Nireieensh wad 50 Tar regads ths eec
tion 70, Comptrolers
e'jeetei to- the ground that Mr. Bro vn don't live
IN lie ctsiic sna that the 6oa'. know WHO his
Question ruled out.
"itness-Nore Of my live in the First ds let =,
To Mr. oConorI mentioned the vote as re .sivei !;
70 Mt Monlton ws had discussion previously:
he was for Giles ond was for F'gg.
the corner OF Forty lin ID street and Third avenue keen
aers ceIy tsss have Partner; took an interest in
esubsnn a. II esrd TIsro sr oy NJ M Gs-ss ss was
hs result OF the canvass for Comptroller him
10 brought clip Of paper frou, ,he polls with the mum
fer e votes written IT. ard sid il M counter he
vote for Esgg 36 that tears Gle ven oolo,k on
Wednesday he cay sfsr the election; there three
or four Present at the ,ius; the grss,i hsd besn is
cursed emopg US ano in orer to eette the que tion Mr.
WAX hsd offered 70 go down and get and with
i; Ihnow Mr.. Mills; have known him by sight ebout I
iSo years. had no c,Eversa ION with him atout the
ine of tts eletsion soon after tre elec ion heard
Inn, I'm tpesk about msst'ss thty were takiog
Ct HE district ofhat ths near the l6a
Of the month he said the vote hed correctly can
um OF 1t OF pieee Of paper and that the agreed
with his ms,n9r,tdn,n his ~as an n sn:s; Mr. toap
present. think Mr. Rose aiso pres ant; the Deaf
and Dumb yllIn is in this district.
TO Nj. Bfscy-The politicians wee not much in the
habit OF meeting at place: at thst particular ee stion
fey were: Mr.. Rich was ana Mr. kcse also; Mr Wo ID.
uh IVES also in; he lives next door 10 me- did not
o1 Mr. Re sc before II els lsctioa had spoken TO Mr.
Flag cuce CT tSice before it, knew bets pending
n ls election oil can say is, that thsro oppos
ton to hr. Ilsgg at that election DO not lno. that
1iefs was especial OPT oon u him. place there
wes particular opposition to him; think Mr. Clarke
dc slorg as any oIe against him; Mr.. Rich said hs
III an o ha al
bis nird; the discussion IL my pl.ce about the
Ter 9, 1otes somebody peges.ea to Nr Clarke to TO
,erie Bolster had given il to hm; know Mr Ke ,cLun
y sight.
70 NJ ocoI or,Mr Flssg was strongly supported and
George Weir, sworn, depcsea as folows--I reside in
Fifty third street in the kineteenth ward live ia the
sex nd district Chairman If the Bosed OF Inspect.
ois in That District that led 20 ats nd the Board
Wad CaI,ssters which INST st y O'clock Tn7rsay
AZ hr OBien'a, in Fcrtysecopd street there Mr.
CIarda Rich and Mr.. Burke; Mr.. Ket'hum WAS not
thele the returns bad TO be sent for; i about
lock; cid not them signed; they not signed
Len thty can there left at O'clock and they
no. s!gred thtn have bad conversation with Mr.
I'm to soy hst he had secnred tRe city and couuty box
intended the tickets before signing the re
tn ms; that was before we proceeded to WORK; it was
TO Mr.. Braoy-The city and county returns we're
brought to the Ieii room about o'clock Jaues NJ
1homPsor-I know Jason Mills: am pisroforts maker
live corner Ct Second avenue and Twentyf street.
9. Haa you conversation Ni,biMr Mils about The Of
umsstoAer'6
Objected to and ruled cut by the Court
James saxton sworn testified "a follows Il live
tie corner Of Forty ninth strest and Tnid avenue in
The First district Of the Nineteenth ward; voted Tor
Flagg as Conptro!lsI; am democrat; belong TO ths
same party that Mr. OConor and Mr.. Brady bslong to;
(ialeher) know John Burke, the Inspector at that
election; know Jason Mllla was present at
ation that took place in Mr.. Powers bar room:
msrced it with Mills; this was about the 10th Of Deca
ber; the eectsn held ,hs 6h or 7th OF Novem
itr 1ssked Mr. Mills how about FIsgg sDd GiIes vote
tsid, 'Hd'rt tell Nj. .cranda Rich that your
M m Ind and nIv
testated ssit Honor bright. tell .te truta did
you tell Cranda Rich such WAS the case he said, eyes,
Fifth ard sad, am AFRAID thst will be sailed
upon the stand to contradict you, and he said "a
CATH" was present at conversation between Mr. Burke
snd Mr.. Roche it happened in my about ten days
alter the election they referred the question to
whether 1t would be right for democrat to electioneer
Tor cemecIaiic ticket with two Know NotbIpgs IT,
said it Was no. right Burke said that If any person
ill., kind in the box there would be from hundred
t, one hume red and fifty votes.
To Mr.. Brady-I saw Roche AT the pos bu. I did not
see the tickets be gave out dont know Of any bets
ing made the election.
Aaron B. Rollins, swcrn, testified as follows II sm
Deputy Sheriff know Mr. Burke after the last election
had conversation with him about the returns it
durig the early part OF the nee ing of the Boaid OF
C-unty Canvassers asked him about he mistake to
Cmptrollers vote; he said there mistake IL
all humbug that coLversation took place where the
Il, ard were sitting.
To .x-Judge H moncs-Tte County Canvafsers me. on
TUESDAY succeeding The election IL the week after the
election had the conversation with hin have known
Mr. Burke four Eve years; there that know
who heard this conversation the full asked
him the report about The mistake in his district
tue; that is the return to the County rk he said
the nistsfe; did not aude to any particular
stske but simply TO mstaAe had heard epoken Of
Cooper Woodruff, sworn, testified olows-I reside at
6 Third AVENUE the First district OF the Nineteenth
wand voted at the last election for Mr. Fagg called
my self then democrat voted the reform ticket city
and county, clean; know Mr. Burke; he told Flagg
elected he ured and about Mr. Flagp called
bim add old fool and said he ought to be elect
90 this about ~eek after the election can't tell
exactly; say Mr. Clarke's memorandum giving 316 for
FRgg; be raid he got 1t from Bolster.
Thomss Hall in swore-I live in Third avenue, FRS
district Nineteenth ward voted the whole OF tho soft
sfel Tan msDy Hail democratic ticket voted for Fiagg
Comptroller; was at the pool room Wednesday
moInrg after the eleo.ion went between eight
end niue O'Clock, and stayed till one or two
] inquired of Burke how the election HAD gone;
ne aid far ahead the city and county Box
there when they commenced the of the city
ard county tickets; at the poll between IL and
they commenced the city and county box about nine
| On Wednesday, ard they finished about12.
To NJ Rycr x4n14 fxH Hcn<~ ~r 49,.