The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-04
the CONTESTED coMpTRoLLERSAIP.
GILES vorsus D1agg.
THE CASE IN Tm sUPRBM COURT.
Before Judge Emott.

was immediately before the adjournment yester
day was proceeded with this morning. He testified
onows:A couple Of weeks bf ne the last election had
nothing TO DO my genera, occupation that OF
riAge painter; Mr.. JIsoh Taylor vas my ,avOrte
didate; l voted the American ticket frat knew
Giles five weeks ago was present at the
Of ,be votes till the erd; there till or
O'Clock Wednesday afternoon; kept o msmoranaum OF
the votes while ths progressing took it
hey called it off; took the stae ticket sna piece
Of per- ao6 the city and county ucse in small book
don't know whers the book is now; have looked f,rt
but couid find it; kept Of the CANVASS Of the
whole of the Comptroers ticket $40 st for Giles
and lse for Flaee got that from hearing it cal ed ont
aud from my own account, O. bow d:d YOU make that
making marx FOR every Eve votes and ma.g tS' av
Cross examined BY Mr.. OCsnoe-l reside at 15o
Fcriy-fist street; | last saw my t,ck at home,
or two after the election don't know how
II was lost; Was called upon snd asked did
ih.ep tally said dd-tnis was tbs hss time hssrd
OF the mistake; was a member Os the Banner Assocs-
tion Mr.. hha was also msm,sr lof It. doat know
that i was pleeged to ths sapport o. the Amsricsn
election polls two three times bsore but in this
city did not watch particularly to ses tbs. the clerk
the election ef Mr. Taylor, be,ause h. was personal
friend Of mine; had no other personal friend on the
To Mr. Blady-I made the remark at the time the re.
suit wss made known, tha. strange Mr. Giles ran
90 much ahead Of Tsyl9r sni Mr. Ru he replied this. it
he would be badly bea' en-
John Burke sworn testified as falows:-I was one of
employed before that about two mouths in
the County Clerks office, asserting old documents ;
to the Aldermen; was present at tbs whole
Of he CANVASS but msy have ne out for few minutes
Mr. eh vas sseep for two hours sad was absent aeout
hours more this towards the latter part the
canvass; he was absent when the vo.e the county
ticket was announced Mr. Ketcbuu ea,lsd of tbs most
If fha NALL upaT Had ka,s,
um and looked ut him and the clerk the votes were
called off voted the half shell ticket did not belong
knd happened to be born in Ireland (sugnter); the
number OF votes cast for Giles 3l6, and for
s.anoipg behind him, Watching If hs would an
nouncs II correctly; watched him closely during the
whole Of the CANVASS when the announce msnt
somebody mace the remark that Mr.. Fagg "skin
flint, and said, II he beat all round he was
beat there he would be no where; took nots Of the
three papers the tally a.; [papers A. B. G. already
referred TO, we shown to the wi rrs] that is the
Isfn m.s %ais as S Is
put back in the box after the returns made
out some beIg kept ont As specimens Of the tickets
to tire in the returns Friday after els,tion
met Alderman Herrick In the City Hs and he tsld me
County Clerk did correspond that Mr. Candles vote
for Corensr was not on his Iea m immeds,ey Cranda
og Is
Of votes Mr. Gamble received think Alderman Herrick
put 1t on there was no other alteration made at thst
time, any other that know that excited my
suspicious and waited good time till the return
in The County Clerks Office when it sl6 for Mr..
remark made, SO took &c out my ' msmoss1dam a
| book and locked at it, when l saw the return wsa
wrong There were others present looking as ths
returns but can't say who they we're; noticed the
fact to Alderman Herrick the entry this page was
mace when discovered the error Same book sho to
| witness. Alderman Herrick asked why did We ad-
jouin before signing hs rsturns said wished had
Eeyer signed the returns send then that thsre was
poed and that xanted it corrected; be said be would
bring up before the Board of Cou Csnvasser that
or somshpg to that effect; thai was al that a
that tue mentioned it to Hugh Herrck that afternoon
the returns from all the wards were not In don't kno
that there was sufficient in to show what ths whole
for Comptroller was asked Herri,k for the tally list he
said II at Bolster's he said II was an error and
| told him ] wanted to have 1. corrected / waited
for, the action Of the Boari of County Canvassers
| and as ! saw they would not go behind the re-
the returns; told M Patterson, who was nv par ner
n the time, and he said BY all hay. II cor.
reced Mr. Banks drew up the aidsv; Mr.. Herick, the
clerk waS with me- after this went to Mr. Ketcium
and have him make an affidavit which he did; Mr.. Ri,h
vas present when the return Of Alderman Hsrrick was
corrected; gave the ballot box to policeman carry
house sfes the canvass; think it was Wed
nesdsy or thursday night never l. after that
OF ahe ballots think were Destroyed, as bevs the Ia Y
Mr. Kechun made the figuring the tally list after ths
votes were carried OUT thought he voted the American
ticket; don't know that he watched me close o.
watched him, for watched him mi ghty close (suphter
knew ar Tagg personally at the time and had voted
Ter hum on e; keep butchers shop in the Sixth ava
Mr. Brady read tae votes of Giles aud Fagg from the
book and offered iu eyionce. It admitted by the
Court.
CrOs examined by Mr. o'Conor-rhe ballots were pu.
back in the boxes after they were counted and the
them locked up; on Wednesday attempted lock the
city and county box but could do It: think it was
on Thursday sent it to the station house intended
have the ballots counted again but Sheriff Wet told
me it Of account in la had let the box at OF
my possession; he tod that Thursday rnag; on
aud tod Mr.. Willet the next morning. recounted the
charter box andntended to do with the city aud
ty box; there was one took particular nsres; in
eecting; would rather have seen Engs elected than
Iiagg Cid not express any partsular pleasure sar.
ing that he was bea.en did not sail h ''old skinaint
tald oid Fiagg that was all don't recollect saving
t,o9a to John lsan the sheriff said might count the
ms 10 for my but had
bx was at the station house and could
, examined there; havs known him About sixteen
ars he keeps printing establishment with Mr. Baker;
don't know who appointed Bolster; swore him in |
an indebted to Mcspeaon; my Indebtedness commsn,sd
Of commencing the butcher business was not abss
At any period while the votes the city and county
no ayS % b
that would have the returns altered think he said
he thought ought they were r., sl Isat eus Of that
don't know which ticket Hugh voted Alderman Her.
rich was opposed to Mr. Fsgg in that election
drawn up at Mr. Banks who the law partner of Mr.
Clover was present at the meetiog OF the ward can
vassers 1t was about the time OF that meeting the re-
turns signed don't rene nber having rsfassi te
ign them; don't ec ,llcct having said bfore that cid
not intend to sign them till had the votes countsd over
never voted In the Seventeenth and Eighteen wards
at the same election (aughter) know Thomas Halpn
don't lecollect seeing him in the poll Wednss
dy cont recollect telling him that day that Flag
wss ahead Am not in the habit Of telling les and
told hn 80 ltd laughter know ger Dolan; know
James McNesIie don't know that told him that FisgQ
carried the distrct don't recol ec having any conver
sa.ion VII h him; know James Saxton and VIM Rochs
had no conversation with Rschs in the presence of Sax
ton never sad to Roche IL he had eeconeered "a he
ought to have done for the democratic ,ket with Giles
and Taylor on it Giles would not have deses.ed
have seen Captain woodruff before; rallied before
him sgainsl Tlagg.
To Mr. Brady remember having In the box some
tickets partly written and partly prated could not say
me from the police for alleged lntoxcation there was
another complaint for being ofmy post; John Egan
keeps grocery store he is every side of politics
paper which the tally Of charter was kapt HaIon