The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-04-03
the CONTESTED c0MPTRollERsHlP
Gales versus F7aEg.
THE CASE IN THE SUPREME COURT.
Before Judge Emott.

Gales versus E7agg.
THE CASE IN THE SUPREME COURT.
Before Judge Emott
SECOND DAY.
APRn 2-This resumed at eleven O'Clock this
morning. pursuant to adjournment. The audience was
not numerous on the first day Of the trial
Mr. Mills, the winners whose examination took place
yesterday was reexamned by Mr. Brady In regard his
employment in the Street Commissioners Office, but with
the result He said that he did not expect 10 get
situation In Mr. Giles Office in the event Of his election
He then examined by Mr.. Conor counsel for defend
ant TO whom he made the following statementI know
. man named Thompson; never made statement to
him about this matter; had conversation with him
week two co. It appears he was promised the
.ituat that he said he had been promised It by
Mr. Crane and Mr. Taylor told him they had promised
to hold IT, and said could not tell nothing was said Is
to my hope or premise, or expectations Of anything
John S. Ketchum, sword, dsposed IS foIlows:-I was
of the inspectors Of the election In the First district
othe Nineteenth ward wa, present during the
minutes when the canvass first commenced.
O. Was Mr.. Rich present during that canvassp A, He
Wien the result Vas announced ~ ~ ~ = '''''
How iorg had he been absent could not state late
threw out the tickets the table, and commenced
to count counted all the tickets through to hs
they Tailed with the poll hst they did, placed
geher that L the ocular tickets when had finished
asserting them We counted each Of the separate piles
s wss Mr. YBurss i've
passed them to booked them down and passed them
to Msh he counted them and placed them on ale and
We had separate files for each Of the regular tickets and
for AL the spnts think they marked only at
went Though with this process with each regular ticket
:. g Wat became Of the tally papers Of the regular
added together at he end Of paper winch Was them
laid upon the table.
lnow the clerks in the case Of tie split tickets, wrote
out the names rather lengthy on three pieces Of paper
% I .ss, d .s ss ss; .si sss sss
this in ealing Of the spHs they called al +he names
every 1--WE that was counted they would ssy Taly' Hr.
Bolster and Mr.. Herrick marked the tally; called
& sss the p4n on while ' sp Was calling I'd
he was looking over ne, to see that ! called
mine; the figures made after got through With
the splits; added up the taies and carried out the
took the containing the regular votes and put
them this and added them TO the splits Giles Fagg,
He thew we're cut there eemnss this
Sheet no change appears in the figures except two
three which don't appear to be mine; they opposite
& to
have been altered to 81 they don't appear to be my
Mr.. Burke to announce be said he would rather should
80 g .ns
announced 316 for Giles and 1876 for Flagg; there
were between eight and twenty persons present
Fitch and Rockwell were present; l think there
were two policemen there also; when that was done
Wednesday, the day after the election two or three
persons who had lists keeping the tally Of the tickets IS
part Of the time think be s before sSs result
was announced; Mr.. Burke took book and from the
sheet made memorandum no other that saw did 50;
part Of the tally marks are IN pencil and part in ink ns
used the pencil because the pen did not make proper
marks; gave him the pencil; the return made up
from this sheet Immediately after the canvass was com
Q. Is that the return made ou,2 Return handed to
vtness A. Yes, sir and my name is signed TO it; one
Of the returns, two being made out given to the
County Clerk and the other to the Board OF Canvassers
they were de vered on Thurrdsy after the election
been transposed; Mr. Giles vote Is opposite Mr..
Fagg's giving him 800 instead OF 1856; my attention
can't say what day Of the week following the election;
twas Monday, Tuesday or Wednesday, heard on Sun:
Sag s but cont who said
tions die not 20 TO look after the returns, but
quested Mr. Herck to do and look after the other
inspectors ard necessary we would correct the mis-
tate Mr. Burke came the next cay, and said there
mistakea clerical errorwe ought to correct he show
ed me an affidavit tie intended to present to the county
Q. Il that the ahidsvit9 [Afdav handed to witness
A. Yes, Sir that is the afoavit he hosed and to
seem it is dated November 23 1866; don't know, per,
sonay what became Of these afidavits after; did
thing personally towards the correction Of this alleged
error the writing the return have just is Mr.
Bclsttr'f; J ives teaching in one q the public
schools, in Forty second street. Eighth avenue.
Mr.. Brady offered 1.-THE tally paper in evidence, and
the two sfdavits Of Ketchum and Burke--the afhda.
wits to be presented not in evidence but prove the
fact Of their havI been made They we're admitted by
the Curt. Mr. Brady thsn read from the tally list
ierredGto in the evidence the votes in the folio wing
der, as made up en- that list
>.
Dxh. II.