The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-02
THE CONTESTED COMPTROLLER
Giles versus ETaRH.
THE CASE BEFORE THE SUPREME COURT.


Giles versus FIaxx.
THE CASE BEFORE THE SUPREME COURT.
Before Judge Einott.
APRn l-This tliRi was CT mmenced yesterday in the
Supreme Court, before Judge Emott, of the Second
Judicial Dis riot, who has from Poughkeepsie
for the purpose OF tyrg this action. The court
was crowded curir the greater part Of the day TIE fol
loving sci syptared for plaintiff and deiendant
For Plaintiff Ex Judge Edmonds, Aessrs. James T
Brady snd Glover
For Defer dsnt- Messrs Chas. O'Conor, VIM NJ Evart
Samuel J. Tiden and Green.
From the lot OF twenty four jurors selected BY the
council for boto parties the following obtained a
coldirg to The ususl form prescribed by law
Hugh Apchiocloss, Henry Griuneu
Jpnes Ga'ia iu Edmund Hurry,
Edward J s. Gabriel Mead
tdwaId Ms,omber, Richard A. Oakley,
Henry Ehot, Anscn ID. r. Randolph,
Albert q. Iorr, Aqu1ila G. Stout
When the above ramed jury sworn, the case was
opered fr the plaintiff oy Judge Edmonds who spoke
substantially "a follows;-
This is action brought BY Of the candidates for
the Office Of Ci'y Comptroller at the last election to
contest the right of the present Incumbent The
oce is one OF geat Importance to the city and is
enc also around which has late been thrown pecu
liar interes. At the last election there proba ,ly
much attention attracted to the contest for that
rgy close between these t-o gentlemen; and both, at
different times, with their friends supposed during the
course of the tbat they elected. Tue re-
tut OF the election given by the County Canvasser
elected Mr. agg BY majority OF ITO votes The cla
our sde on oeAa OF Mr. Giles Is that he had msj ,ty
OF the votes csst and toar the County erred
IN declaring Mr.. Flsgg eected. Thts action is brought
by Mr. Giles IN the name Oh the people for the purpose
OF contestfrg that e'ecd n; and you have been
mcped Jurors pass pom it. In order 70 arrive at
the facts will lay before you the whole beAr
puts between The counsel here enumerated the
points OF the case. whiih were admitted on the
o'hsr side. sn7 about whicn ihere would bs
controversy, and then proceeded follows:-We aver
said he, that according t. the returns OF the nis-
ict nspe:tors and the County Canvassers it was GER
20 ls4. That TACT <also admi ted but We aver that
there were actually cast for Giles In district $40
votes ana for Mr. rFsgg iss votes while the returns
giving Mr. Flsgg he eecto, when, By tho Of the
case, Giles was the successful candidate. Tnat Is the
nisske Mr. tisgg was eiecea You see then tnst this
case narrowed Gown to the simple question to what
were the &c us OF votes given for these ecve
yic of the Nineteenth ward This city divided into
electi els RIOTS In each # which have three inspec
trs and two Clerks 1heresfe also detailed two
three police officers, ~ho are required to be at the polls
dnrfrg the who OF the election These will be put upon
The stand for the purpose Of eictrg all the Testimony
upon this question The law require that the can
vass of shall BE- made mmec aar the election.
and that Inspectors shall continue counting Until the
votes we're TAKEN and the this distlc.
net complete TIL hour of day following Dur
tired to &c stmethi, drink, and beisve one
retired and sept hour two, while the ohers
on with the work In addition to these persons
thus official there two three others
attendance. instructed that one if not two
present during the whole of the The can
vass in this dislic hee in q small room apied
as parlor. Hete he counsel exhibited to the jury
diagram OF the roc TIE mode Of Ia also very
important t. uadsrstaoc You a remember that st the
ID m ,nr
the various parties, sery much split up. There we're
printed tickets, which called whole tickets,
given for 'Ie party in ere pile ana others, called
sphs ticAes, IN another Pile. Those for Mr. Giles
ard Mr.. Fagg were put by themelves. Thus
for instapce Mr. Gies the nominee Of the Know
things ana Mr. Flsgg the n'mpec of branch the
democratic party ara the tickets ter each were put In
which Mr.. Gileb ard Nr. Ilaggs names were printed
uniform they were also put in piie by thepselses The
Tsgg pie then up and counted and The votes
was done with the whole tickets on which Mr. Giles
aue was pri tec Then there were other plies Of what
Giles name printed upon it These laid aePs1ate
ard when lhey cane to CANVASS, tins whole OF that pile
Next came the canvass Of the spills, which record
ed iu cetail 10 each individual We have here gentle
OF the jury the CANVASS kept by the inspectors and
clerks, and We viii show you ia whose writing the
tsem. Now, as they went sing eanvassipg the split
tickets, ealing out the votes, the clerks make the
with fea wax. AT er tnis the result Of the eiec Ion
would be announced TO The audience by of the OIL
cara We viii show by ~itI who heard tas result
that was ced giving 36 for Mr. Giles and 1856
for Mr. FagQ, AUD It was taken down BY at the
whole difficulty arose occurred in this paDner:-It
late in the day ling that which the election
was held, the Inspectors we're fagued, in the
cates ard ing of the result Of the County ticket en-
which were the names Of Giles, Fsgg and Epgs there
supposed to be was during tbs time that
the znisske was made in the returns; but after they
we're h.nsed 10 to the County Clerk the mistake was
hind TIE returns, and sent the contestant here
committed aud that Mr. Giles did in fact receive 3l6
votes and MIR. Faag only 1856 shau endeavor to give
in more protrscted examination than we desire We
shall endesvor to prove that Mr. Giles did not receive an
undue prolorton Of votes compared with others the
sane ticket and that he about even with them Mr.
Giles received 3l6 Mr. Selah for Commissioner Repairs
ard Supplies Alb; Mr.. Connolly for County Clerk 1856;
Mr. Wilie for Sheriff, $685. and you win find that ne run
there was prin.ed democratic ticket wi Me. Giles
pane on II, and Mr.. F1sggs ma ne of. Then we have
there. so that we might whether could find 800
persons, instead o 1876, who voted Er Gies and
voted believed they did, tor Mr.. Giles necessary we
are prepared TO give this evidence. have thus, said
the counsel endeav red to lay the whole mater be
ytu as it has been submitted /, u.s. and desire TO say
that want to have this matter decded according to
the truth ard The justice Of It, aud that will treat it
with entire cahcor and fairnes aiming at nothing but
the truth.
br. Brady requested the Court 70 take note Of the
avermonts witch hso been admitted and also of the fact
that Mr. Giles had taken the prescribed oath Office be-
fore Judge Whit, the Mayor having refused to swear
him In ard thai be had given bcnds in the amount of
$40 000 the required by law the bond being ted
the 7h Of January, and signed by Mr. Giles, Mr.. Wm
Pest and Mr. J. J. Post
The first witness for the plain If then sv,ru and
TESTIFIED as foil VS.
My rame r. Jsson Mills.
q Where did you resise In November IestY A. In
Feeth street. near Fourth avenue In the Nineteenth
saro, ard first election district.
q, Are you voery A. anu, and vo ed at the elec-
ton,
O. Did you attend a. the polls during the whole of that
e,ecticps A. Yes, during the greater part of it,
o. Who were the Inspectors Of Electonf A. Crandall
Rich, Chairman; Jshn S. Kstcbum and John Burke.
O. Who were the cerksy A. Hugh NJ Herrick and
George ". Bolson.
O. Where were the polls held A. At Forty second
street Third avenue.
a. Can you sta how many different kinds of tickets
there A. Hard ehp damn