The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1857-11-28
The Glass Ballot Boxes.
THE ELECTIOREERING CHARGE AGAINST THE MAYOR,
OF COMPLETELY, DENIED.

The Glass Ballot Boxes.
THE ELEcTIoFBERING CHARGE AGAINST THE MAYOR,
or COMPLETELY, DENIED.
sUPREnE
Before Hon. Judge Roosevelt.
Nov. 21-Horner us. Fernando Wood-Ex Judge Whiting
moved to have this matter respecting the glass baaot
boxes referred take proof the Mayor in
relation TO his answer.
H Judge Dean appeared 70 oppose the motion He said
the complaint made information belief and
that injunction had been granted. The answer was
Immediately the service Of the complaint, and
order to show cause granted The answer, how
has not been served, and the issue has not been
joined; the motion therefore irregular. That the
denied positively every allegation OF the complaint,
and the allegations in the complaint were only in
formation and belief while the answer the posi-
tive knowledge the defendant there was no disputed
fact Mr. Dean claimed that the Court had no jurisdiction
grant any such order and that Mayor Wood would be
in Court ready to be examined subject TO the order of
Judge. This electoneering suit, and they
were just as anxious to have disposed Of as the plaintiff
The Judge OF opinion that order could not be
granted but he would take the papers and decide in the
morning.
tor denying any connection of the Mayor Mr. Benjamin
Wood in the transaction
The defendant, Samuel c. Jollie, for answer to the
Frst-Ths defendant admits that the act known the
Metropolitan Police act charged upon said Board Of Police
he duty of providing ballot boxes for all general and spe
cal charter elections the cities OF New York and
Brooklyn.
Sccond-Ths defendant admits that Simeon Draper the
former President Of said Board and OF said Commits
soners offered the resolution said complaint set out for
providing the ballet boxes required by said law but he
denies that advertisement was ever published under
said resolution: the contrary, he AYERS his own
knowledge, that advertisement was published under
said resolution in three public daily newspapers published
in city New York. viz, the New York Daily Tribune,
the New York Daily Times, and the New York Daily
Eayress-a copy whereof is as follows
The Board OF Police Commissioners OF the Metropolitan
r w Of e1 Board p0asf INV EMBRs
And defendant that IN consequence OF SAID aiver
tisement several persons offered TO supply ballot boxes
said law and that this defendant, among others,
made proposition to supply ballot boxes that several
furnished the committee of said Board with speci
of the ballot boxes they proposed TO manufacture
that furnish said purpose and this defendant also
furnished specimen OF his ballot box.
ThirdThs defendant admits the contract stated and
set out the plaintiff complaint and admits that James
W. Nye Of said Commissioners, reported in favor OF
making contract with this defendant for the supply by
this said Board of ballot boxes of the pattern
exhibited by said defendant and he on inform alton
and belief that said report Of said Nye and SAT- commit.
tee adopted by said Board.
Fourth-Defendant says that he has in all things com
piled with his said contract and has manufactured and de-
hvered under the same the whole of the said ballot boxes
but whether they need require the whole OF the same
at any election this defendant is ignorant and he is
advised that the same is wholly inmateral to him.
Fifth-This defendant eDes that he represented
TO said committee or to said Board that he had pa
said glass ballot boxes but the contrary he says
that he had applied for patent therefor, and had
be that the said contract was not made with him on
of the application for patent but the ground
of the superiority Of said ballot box all others pre-
scented said committee TO said board And he denies
that said Nye Chowe consented TO said contract on the
ground for the reason that they that this de-
PENDANT had patent for said ballot box
Sixth--This defendant, on his knowledge, denies
that said ballot boxes be furnished manufactured,
or procured 10 be made for four dollars half each
and that price afford large profit and he denies
that they worth not more than nve dollars piece but
the contrary he that the actual cost q The mean
hoYi.t hpxa thuVF ~.
piece, but he is advised that il is immateral 70 81 ~
ton what il cost make furnish sad boxes.
Seventh--Degendan, denies, on his own knowledge,
that BENJAMIN Wood procured the said boxes made
of less than five dollars each, that hC was the
real party TO the said conract or that the name o this
defendant only used a cover therefor that the
said defendant Fernando Wood was cognizan OF the ar
rangcment any arrangement between the said Joe,
this defendant and said Benjamin, in any way in
terested said contract. But the contrary, this de
PENDANT says that he the real and only party int
rested in said contract and that his name was used there
in because he the real inventor OF said ballot box
and that far from Fernando Wood having interest
said contract this defendant that he never saw
sad Fernando Wood until the 18th day Of August, the
time the contract for said ballot boxes made aud
then only in the Of the commce and that said
BENJAMIN Wood the time had interest whatever in
said contract there any arrangement between
this defendant and said Benjamin Wood in reference To
said contract.
Eghth-Defendant denies that the 9th OF Ncvem
ber instant he bad assigned his said contract his int
therein 10 Benjamin Wood or Fernando Wood, or To
any person Tor their benefit the benefit OF either 81
hem or that the done for the purpose, with
a view Of covering up, IN any way the said fraudulent
transactions for the purpose Of covering up or conceal
ng any transaction in reference To SAID contract
Nnth-Thls defendant denies that said contract was
fraudulent one, that said Fernando Wood s or was IN
any way either directly or indirectly interested In the saf
contracts but, on the contrary ne AYERS On ne oMn
knowledge that said Fernando Wood has not now, and
had any interest either directly or indirectly Ia
said contract in any profit TO be derived therefrom
Tentb-Ths defendant says that the iron castings
attached to each box. II they weigh but twenty sis
pounds, at four cents per pound would amount
10 but one dollar and four cents, but he AYERS
Of bis own knowledge that said castings cost
more than four cents per pound He also admits from
arhmecal calculation that 1000 Of said ballot boxes AT
s. each would to bu, $50 ooo while 1000 at si5
each would amount SEQ 600; but he il advised and
believes that said statement in the complaint Is wholly
and totally irrelevant. and mmatcrial,
Ecventh-And this defendant, In further answer 10
the said complaint, gays that the same IL without any
equity that he this defendant for the purpose OF pre-
venting frauds at election, spent much time and made
great efforts 10 discover and invent the form and
sruction Of glass box that, while II transparent
should have sufficient strength for the purpose Of ballot
box and sent them for use IN 1856 to San Francsco
where they used and proved satisfactory; and he
that he made the contract with the said Board of
Police Commissioners not only In his own name hut that
he the only person Interested therein aud that the
price be paid him therefor but fair remuneration
for the expense nj manufacture including cost o material
labor rent carriage, breakage of glass and time and
trouble IN experimenting and IN pcrioctng the said IN
venton.
And as To all other matters in said complaint contained
not hsreLbefore specifically admitted denied, he says
be- has sufficient information ~ relation thereto 70 form
belief BEEBE, DEAN DoN0HuE,
Attorneys tor defendant Joe.
ci'y and County n Nor Fork s.s-Samuel C Joiic,
the defendant above named being sworn, says that he
has heard read the above answer and that the -
true II hs own knowledge except Ia those matters
which therein stated information or belief, and A.
y '''''' '''''''' y" SAMUEL. c JoIIIE.
sworn before me this els, Il November, 1861. wx T.
TAYLOR, Commissioner Of Deeds
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