The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1868-11-17
LEGAL INTELLIGENCE.
The Fourth ward Election Case.

COURT OF QUARTER SEssIoNs-Judge Peirce.
rily submitted to appear before the Court under
q charge Of contempt In refusing to produce the
election boxes called for at hearing before
Alderman Jones, and who took out u writ of
habeas corpus for his discharge in order to test
the question whether Alderman was the
proper magistrate to order their production,
his Honor this morning rendered the following
decision:-
the Sheriff Habeas corpus Pierce J.-By the
act of May l, 1884, the Mayor and Recorder of
the City Of Philadelphia are made the custo.
dians of the ballot boxes after the elections held
in the said city, which they are req qutred to de-
posit in fire proof room or vault provided for
that purpose; and they are prohibi ed from
taking or opening, or permitting to be taken or
opened, any ballUt-b)x deposited as aforesaid,
foI the space OF one year after the same has been
deposited therein, except when they shall be
called upon by some court or other tribunal
authorized to Try the merits of such election.
Toe object OF this law Is to preserve the ballot
boxes, votes, and papers therein contained in
violate, to be used, If required, IN determining
were cast. There does not appear to be any
provision In the law for trying the merits OF the
elections for Presidential Electors. yet In the
case of an unlawful election. the Legtsls;
ture could provide by law mode OF
tying lis merits even after the election had
been held, and there is. therefore, the same
necessity for the preservation of the ballots as
in 9th er cases. The means which the Legtsla-
os ho% hs safe
ing. The law regards the custody OF these bal.
quiring the return inspectors of the elections
themselves to deposit them with the officers
appointed as their custodians; who are TO oe
present in person to receive them and deposit
them in fire. proof room or vault. Ii they are
subject to be produced upon q subpoena duces
Peace, then the law itself may be frustrated by
the risks and pertls OF transit from place TO
place and by the opportunities which would
offer for illegal and improper Interference with
them and their contents. And If this Were not
SO; the suspicion which would attach to t1e the
destroy confidence in the sacredness and value
which are attached to theirisafe. keeping. After
consultation with my brethren OF the Bench,
we are of opinion that this cannot be done, that
1t would be a violation of the protection which
the law throws around these boxes, and there
fore violation Of the law itself. We do not
wish, however, to be understood as deciding
anything further than that justices of the peace
and aldermen cannot compel the production OF
these boxes in proceeding before them. The
superior tribunals of the law, by virtue of the
the administration of public justice, may COM
pei their production in proceedings before them,
sure their safety. This Is necessary to prevent
failure OF Justice, and is not prohibited by the
quires their production before these tribunals
when the merits of an election are on trial, and
the jurisdiction of the Court TO compel their
production In other cases we do not think is at
sll brought in question or prohibited by the
language of the act.
The relator, who was attached for contempt of
the process of the Alderman, in refusing to obey
the writ of subpoena duces tecum, is therefore
William Jones pleaded guilty to a charge of
the larceny of $3.50 from John Smith. Mr..
Smith testified that he went into q store TO buy
q coat and laid off his overcoat in order to try
on @ new one, and while he was thus engaged
the prisoner slyly stole his moneyfrom the coat
he had put aside.
James Smith, young man, was tried for
assault and battery upon his young wife. The
lady testified that one morning last summer,
having been at her mothers house two days,
she returned to her husband, but upon going
up To him to salute MIN he laid violent hands
upon her and choked her. The defense Offere
evidence of good character, and also produced
witnesses who testified they Were in the de-
fendanps house at the time this was said to
have occurred, and they heard nothing of it,
TurV