The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-22
YHE CONTESTED CoMPFIeLLKISIP.
Gales versus R1agE.
TIE CASE IN THE sUPRxA1 COURT.
SIXTH DAY.
Before Judge Emott.

Gales versus R1agg.
TIE CASE IN THE sUrRxAB COURT.
SIXTH DAY.
Before Judge Emott.
Arm Y.-Thh resumed this morning, pur-
susn to adj ournment the 9th inst The examination
of Witnesses for defence continued
Mr.. Richard B. Connolly, County Clerk testified in
gard to the various tickets already specified during the
progress of the case The mex. witness examined was
John Osborne who deposed foows:-I voted at that
election and took interest In IT. voted the repub-
Ecan ticket this is IL had charge Of this ticket and
eectioresred for IT. il perfectly printed but nigh.
have been scratched afer gave it out 1t
BY central committee, os which was one and which
met at $40 Broadway
Cross-examiLec-l had charge of box in the street
rom which distributed those tickets; had charge Of
he box nearly al day; other persona except those
cts; ss of them tshed or altered: saw
none CT Then put IN the bsyt box.
John kgan Who was e1amioed before was again called
and identified the Tammany Hall ticket the one for
which he voted he also sbe regular hard ahs ticket
voted at tie election IN the FIRST district OF the Nine.
teenth ward.
Cross exsmned-I scratched ticket that cleo
ton.
stephen Roberts sworn les lied folio ws:-My occu.
patton ship smith; regards the ele on Mr. Craig
of the Associated Press made arrangements with to
collect returns for the whsle city TOOK the CONTRACT;
aeen.Ismsn named Duane a.tsndsd 70 the Ninetesnth
ward unoer arrangement E,th the returns for
the First district Of toat ward old hand till
the cay after tn election; to hands Of Mr.
Craig TIE returns brought FIRST % the HERALD Of
nee sna taken from that to Mr.. Crsgs of,e, No.
Roger Do,an sworn testified as foows:-I reside cor.
ner Of Ihrd avenue and seventh street. in he Second
district Of The Nineteenth ward; l know Mr.. John
Burke, who WAS Inspector Of Elections in the
First district | was in the poll room of tina.
district when ihsy we're canyassng he charter ticket;
Burke gave me- in pencil piece of paper, the te
o. Mr. Fagg, which, 10 the past O. my opinion aad belief
49, MIR Burke said at the house where lived that
the election.
-examined-I interested in the Tammany Hall
ticket.
James c. wlst sworn. opposed as follows IL am the
Sheriff OF the city and county of New York know there
Is such person IS hr. Barke but not acquainted
with him; have RECOLLECTION OF Mr.. Burke consulting
me- 90 tie popristy OF count the city AMI county box
over seain think ii suca hing occurred would be
impressed upon my mind; II might have been so.
Cress-exsrined-I saw no Tsmmsny Hall or nard shell
tickets with GILES rame on then.
Francis J. Toumy sworn, testified IS follows II am
Captain Police in the Nie Ii have staff,
houses Mr John Barrie came TO me the day after the
eeot a. aad sad he had an iosa that there was some
thing wrong about the of the city and county box
and he tea to take charge of it, said would do
So and told him send up ths boxes ct tbs
time. he TOLD he warted to come up ii ne and
count il, the box at station house Gay
after. In Fifty nin,h street, but when it
arrived it remained unier the oesE at the station
house til tie time Mr. Burke m ,de his affidavit when
locked up in the bookcase at the end OF The desk
where we sit that WAS about month or ak weeks after
the ee,on there were .aree seys to this bookcase;
had one, and each of my two hsutensnts James Bren
and Aichs+l AcLann, had ore piece; the bsx was
brought down this court tho last osy o. the ts-7h
court and locked up IL was brought down to-day by
Sergeant Beatty l think it been counted once or
twice since 1t was pm. in the ,okcsse
The box Was here oduced in court
Witness resumedVaTious parties came to the station
house TO examine the ballot box the first who cam was
Mr. MrSpedon Of the firm Of Baker & Mcspsdon; be and
locked over the tickets gether helped him TO count
ssmosrstic ticket, The Tammany asn ticket; ihiut hs
counted the entie vote tor Ges that the regu
az ss not 81
vote he ound votes for Flagg thsa
the of the Inspectors and be did not punt the
sps; having ascertained this he put back the tokss
In the box and locked Il up; this VA after Burkes a
oavt MADE ito appearance; 10 mex who came was Mr.
Anthony Beecker, and Mr.. Coventry II. wsddeu, who
boh together they took tbs box stairs to the
mems sleeping apartment; they coune the tickets and
n.ads memorandum OF the count; wnen they were
dcns the 'box locked up remained in the room
during part OF the time they were counting; that ia
about . month ago; think the same parties made
subsequent one short time sfer the first;
Mr.. nlden mas b en- there since that with M. Wsdde
they counted the tickets the first think
IN chsrre when thew came; was told there were two
tickets tsken GU. OF thai box but don't know of
from my own personal knowecge Iisu,eoant Bren told
me he took two tickets out of the box to deci1e .
Csoss examined Mr. Burke told me when c.nvAss.Dg
the charter ticket there variation OF fifteen votes
the county caused oy their having been counted
second me he said nothing bout the vote OF tie Comp
trcner fret discovery of the box finding under
my desk kicked it with my foot and found i. opsn
the box locked, that sare Of from the
time il first to the station house to the present.
Mcspeden counted beyond 1856 the vote allowed to Mr.
fAes; he counted up to about zoo but think he did
think there were 2t this the entire vote splits
all AcSpecon think made memorandum Of this; did
not
ephen shsugls sworn testified % sollows:-The In.
spectors gave this ballot box to Witness here den
tilted the box produced In COURT Before ths box
given TO take to the station house Mr. keschum
Of the tickets Of each kind out Of it,
he took out altogether about eighteen or twenty after
took the box no alteration was maze IN it,
Cross sxsnined-I took pains TO count the tickets
which Mr. Ketchum took out; he took some little bun
Michael McCann, sworn, testified folIows:-I know
policeman Stephen ShaDgle ne Delivered the box to me
the aesk which he did; il Law there aeou. mouth.
guees; there Is iron railing around the desE and
gate the captain and eutsnants or the man in charge
during their absence in there all the time there
order orbddirg other being in there the box vas
locked in the bookcase of whish had key; heard
chat took out or two tickets was Lieutenant
Bxfen.
Sergeant Beatty testified as follows:- am q sergeant
Of the Nineteenth ward police: removed the box ffDm
the station house by the dire:tion OF the Cal plain;
brought 1t to this court and took it back Looked
4 up In the cloeet my self.
SEVERAL other witnesses were exa mined but their tss-
traony simply oorroborAtve OF that already given
the city and couIty box in company with NJ Anthony
j. Blocker After It had been sf! at the station house
put upon the stand he stated that he had oouutei
the ballots which he found in that box aud that accord
ing 10 the Canvass made oy him and Mr. Beecker Mr..
Giles had received 2os votes and Mr. Flagg BIT One of
the for Mr. F1sgg had not the full name but simply
tbs initials A. c. Fagg and had therefore been excluded
the of the inspectors, whose count gave him
BIG.
Mr.. OCsnor and the assistant counsel NJ. Tldsn then
compared the tally list Of tns inspectors and that made
by Messrs Blee,ksr ard Wsddel tho wing that there
only few votes diereRcs between the two counts
for the different candidates on the city and county ticket
The Nicaragua Eilibusters.
UNITED STATES COMMISSIONER 8 COURT.
Before George ". Morton, Esq.
AFRI Il The U1,ited States j. G. Hemmict Chas.
q Hks and John Kingsley-rhis case resumed this
morning The first witness examined Charles
witing who testified az follows
Hicks introduced to me by Mr.. Morgan / had