The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-12-05
The Alleged Election Frsuds In che avvslnh
Ward.
JUSTICE ConSOILY DEOIDas TO HOLD ME-. VAN
V0oRHis POH TRIAL

1he Alleged Election Frsuds In che Nvvetnt
WasS.
JUSTICE ConSOILY DEOID7s TO HOLD ME-. var
VooRHis FOH TRIAL.
pusTRic1 roIICx COURT.
7ac Pespss, on Conplasm Of 1srvenes Ac0are ard
Cshev' w CorTsshs ". Van voeyhts-CoaAOLIY, Jusfrc
Tho complaint In this casa 70 that OovncVus w vsu
voosh, one Of tho Inspectors Of Election at she poll d
thp Third election district or sAe Twelfth ward In this
city, a the election held tho An day OF rkovemvsr last
scted In IN illegal and fraudulent manner relation to
hs oanvass OF votes cast In said district At said election
1he testimony taken before me- in suypor. OF tbs
compsant shows that w. Van yoorhis acted Ct atr
or the Inspectors In said election district In ssid
wnrt that in that capacity he ounced aloud. In legs
fcrn the close and completion Of the canvass Of tho
Cnarefr oox NO the following among other results OF
satd eanvass:-For the office OF Assessor, AdcnUAh
nyief two hundred and fifteen votes Terrence MoG ars
the close OF the entire sad district the sgniDg
Of the returns and the adouynment Of the Inspectors
:sa Van vocrh. altered the returns Of votes oss for
dEed and thirty votes the returns presented TO
the ward instead OF two hundred and fifteen
70 recspuate tho evidence this latter point The
Of IN ate alton IN the returns from the original
nent rot being dened-nor il material at this stage 10
inquire whether the alteration complained Of changed the
result OF the vote In the ward for the ooe Of
the alMradep II an Illegal act (and 70 my mind the
doubt equally Illegal whether changed the result or
the election not snd Is r,sdemeanor That the alto
u tne retuf Ms caused the election dyer
few votes would raise presumption tf motive and or
fraudulent intent, but whatever Influence that question
may have In future stage OF the case, my
duty Is discharged when ASCERTAIN II there be pro-
babe cause wsrrsntlng the inference that crimo has
been committed. Tee proof positive that the returns
OF the for Assessor in the Third election district OF
the Twenh werd changed after the adjournment OF
the Inspectors to the meeting OF the canvasscrs
10 slso In evcence tina. the the which
votes marked for Hyer on the tally list was NOT kno
TO eber OF he other inspectors when the
and Tho lDsp adjourned when the alleged error was
discovered by Van yoorhis. There s reliable evi
dence before me that the gures 237 any correctly
diurci Of the Twelfth ward TO Adonah Hyer, for the
oce OF Assessor than the figures 3l6 nrs
or than the numbers to which Mr.. Soushwick swesrs
which tifer materially from both In these oircum.
stances, the canvass OF box No. appears 70 have
been conducted In manner not to inspire cond
duty; and, indeed the testimony OF Mr. Hart
and Mr. Souhwick (nsptctors) shows degree OF negu
gence on their part which Is not compatible with the re-
eporsbc duties which they undertook to discharge Mr.
souihwick his own testimony Goes him justice, took lit
te ntessst in the footing up Of the votes and the
satsned TO leave the duty 10 Mr. Van voorhis and tine
ceSk. He swears that hc kept tally. but he did not
compare ine tally kept by tho clerk with ns tally; and
even hts tally be lost according 10 his evidence
after he discovered In the footnSs up Of he
for Assesser had been made. His memory cannot assist
person tksa Mr. Hyer and il bis memory & not decop
ve IN this ca,s he wnsy signed returns which were
net correct Mr. Southwioks testimony, though brought
up By the defence, seriously oompatss the case ana
wi,h NJ hEes testimony with gard 10 the privstc
count OF 70 Mr.. Van vocrbis house OF por-
lion or tbe ehartr ticket, his ignorance OF any error
being made aha Mr. Van vovrhis told him. cannot see
any reasonabie ground Why Nr. Van voorhis should 70
70 the police station house and convey mo tickets back
bis prvase hsase, II there was other than 40
omissicn 70 "5rry out correctly" TAs omission 10
deshoy the ballots at tho close OF he CANVASS a. the Law
E!ecctn Laws. psge 2c, 4-aDd tho testi.
10Y OF the pssSce cicsrs who the preserva-
tcn Of portion OF the tickets by Mr.. yan yoorhs he
directs the carrying OF them 10 the station house. In d.
re violation Of the election laws (d sec 9Jlshows
:, ny mind cas, OF Illegal and culpsble csnduct sum
Gently made QUITO warrant the holding the defendant
answer. will therefore bold Cornelius g. yan Yoorhs
TO nsl 70 ssswerhs charge In the OF hundred
dollars In The ccse OF Mr.. Southwlck this Court having
I'D yised bna OF his rights before be gave bs csnsony
sn5 oeing sasoed that he has been guilty or vul
ncssect Of duty, y call the District Atosnsyss assn.
toato the Ac ea11a 10 him TO take such action ashe
n ~ deem prudent. s OF the nrst lmpertarcs tast
the purity OF The ballot boz should be guagded In the
.e-rsf mana0. aad the suffrage rights Of cttxsns pro-
fssd rss ooy nsf sAswfui Violence but from whckrp
ore surely desRzceivo ef justiceeg gsiy aAd f,aud -
ne Sars Of those entrusted with its sdn,nlstrasos.