The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-09-09
CITY INTELLIG ENCE.
THE ELECTION CONTESTS.
To-day's Proceedings-How the
Incumbents Defend-Con-
tinuation of MIR. Sci
lers' Argument,


tinuation of MIR. Sci
lers' Argument.
Court Of Common P!yIsas.AlIlsOn, P. j., and
Judges Ludlow, Peirce, ana Brewster.
The Court met this morning at % O'Clock, and
MIR Sellers resumed his discussion Of the case in be-
half OF the respondents Handing TO the Court seve-
raj exempncatons of the certificates OF naturallza-
ton issued by the Nis Prius, showing the manner of
naturalization in that Court, he proceeded
now desire to call the attention OF your Honors
TO those divisions where the election was not free-I
mean free within the sense of our Constitution The
election in these divisions was not free because OF
violence and intimidation offered to electors, the
consequence OF which must be that these must be
expunged from the count which your Honors are
TO make. 1hey have been excluded by the Legisa-
tive Committee, ON and though | do not approve Of
justice, yet as they had no partisan motives to
crafty IN their determnation think it fair sam
pie of the manner in which these divisions should be
treated The divisions complain of are the Second
OF the First ward, the Tenth of the First ward and
the Tenth OF the Nineteenth ward. In the first Of
these a crowd of roughs, said to have been partly
Baltimoreans, attacked and beat electors, locked
one up IN station house all day ana
night without making charge against him, and
took possession Of both sides of the window, defyng
every Democrat to attempt to votes Between the
hours of four and five not one Democratic vote was
polled, and no challenges made, because citizens
were afraid OF the roughs There were also several
presentations here and reflections Of votes offered under
the qualifications of naturalization certificates. The
maOrites here against the respondents ranged from
95 to 1885, and the only witnesses who were produced
by the complainants TO rebut the allegations of vlo-
lence were those who, in fact, by their own admis
sions participants in these wrongs, one of them
being an officer az the poll conducting the election
with loaded gun behind his back, rejecting, toe
votes Of qualified electors and connying at the lille
gal arrest Of electors In the case OF false persona
tions the remedy is an easy one, namely, to purge
the express and implied, and count the balance
giving to the honest electors the benefit OF their
franchises. The only good reason that know for
throwing out poll is the actual or virtual closing OF
In the Tenth division of the First ward a crowd of
rOughs assembled at the poll, threw voters out OF the
line and beat them, and took possession OF the win
dOw-book, having the entire management OF the
voting in their hands There were also presentations
at this poll. The maorites against the respondents
ranged from 103 to III.
In the Tenth division of the Nineteenth ward Mr..
Hooper, the man who was appointed to act as Judge,
because of change in his political status was
thrown out Of his place 10y Mr. Adds, Judge OF the
Fourteenth division of this ward, by the aid of
policemen, and all day the election was conducted
without the presence OF any one representing tle
minority and "a remarkably small Democratic vote
was cast. All sorts Of violence and disorder pre-
vailed there and Democrats were afraid to offer
their votes The election was also carried on With
cut list of taNabes, and counsel for the complain
ants do not pretend that this was 10y any means an
orderly division The maj rites against the respon-
dents were from 1865 to 179 Adding to the majOri-
ties of the resp ndents already stated the addi-
uonal figures, ,whcn think my argument has proven
them entitled to, we have them as follOws:-
Fox 2293 Barger 1864
Getz... 1900 McCuen. n.............llOl
Sheppard ......... 1887 MeOy ............... IS7
Weaver r..............144S
Now, how are these majOrties against the contest
ants to be overcome? This is to be dOne-Flr5t. BY
affirmative proof of fraudulent votes cast for the in
cumbents. Second BY proof of such intimidation
byvi0lence prevented voters from casting their
votes against the respondents. Third. BY evidence
that the election was conducted in such manner
that the returns were too uncertain to be relied
upon. ! do not think the compainants have per-
formed any of these conditions. In one division they
set forth that while Their Inspector away in
search OF clerk the Democratic inspector went on
with the voting In his absence. But he was there at
the opening OF the poll, remained away an unrea-
sonaby long time and a long string of voters was
waiting outside, and every one must agree that it
was perfectly legal to proceed at once with their
voting. Your Honors could hardly consent to throw
out poll for such reason as this.
1t was also complained that in some divisions OF
the Fourth ward as high as 1S2 votes were received
In an hour, which Mr.. Mann said was an imposst-
bity; but If any of your Honors will try the expert
ment you will find it no great eXertion to write
twelve names per minute. And, fact that should
silence this complaint, the tally lists OF the Demo
regard to the vOuChing made by the election oncers
it may be well for your lionors to understand ths
truth, that this was done in pursuance OF an agree
ment among the officers that If either knew man
to be qualified voter he should az once vouch for
MIN, and thus save the trouble of sending in the
street to find an outside voucher.
Mr.. Sellers here proceeded to read extracts from
the testimony on behalf OF the respondents before
the Examiners, in rebuttal Of the COmpainants'
charge of fraud on the part of the Democratic officers
in the Third, Fourth, Fifth and Seventeenth wards)
In regard to the man Fitzgerald, who spoken
of as a New York stutieT operating in the Fourth
ward Mr. Mann's remarks might leave the impress
sion that, though he was arrested and indicted he
was allowed to escape by Mr. Sheppard without pun
lshment, winch impression should be corrected the
deienH ant having been admitted to bail ana in
ditced, left the State, and his recognzance for
felted. and suit is now pending for its recovery.
Mr. Mann-Then he must have been twice In
dicted.
Mr.. Seners-I know nothing whatever of that
Mr.. Manu. guess You haven't looked il up.
Mr.. Selers-What l have stated Mr. Sheppard
told me.
Mr. sheppard-The Indictment against Fitzgerald
drawn 10y Mr.. Mann before his term expired, anC
whatever was done or left undone was by him.
Mr. Sellers cOntnued-A great hue and Cry has
been raised here that the election officers in man,
divisions occupied themselves by vouchng for mel
who came up to vote. Where is the law or the prin
Cple OF Justice prohibiting this? The Oaths of these
officers are that they will faithfully perform
their duties, will ofer no yeXatious Oh
the qualified and reject The fraudulent. Then al
officer would be deTelic In his duty were he to see
qualified elector, one whom he knew to be such
about to he refused his vote and he did not come Il
his rescue by vouching for him.
In the Sixth division Of the Seventeenth ward
II was complained that the election was con
Quoted by Democratic officers in the absence of TN
minority officers Now we have testimony to DrOy
that until the Republican inspector returned that is
during the first hour, the election was carried on
with the greatest fairness, and it is not a straine,
presumption that thls fairness was continued while
he was present. During that hour there were a Re
publican votes pOed 81 persons voted who wer,
unasSessed, and there We're 5S names ON the mas
sessed list unaccounted for which leave 20 unas
sessed votes not accounted for: add TO these II
votes on presentations, which make 80 illegal votes
rms VIII leave lhe majOrites Of the respondents IN
TO this point -
Mayor. 1854 Solicitor . 1gs
Commissioners. 14l9 Receiver. TX
District Attorney. .,... 1909 '' ~
In the Seventh division of the Seventeenth war
there were II presentations and 10 unassessed vote
unacc0unted ior which make 36 TO be dedncte
from the respondents maiOrties. but as tho gannr,
return gave the Republicans a vote of So ana onl
G6 were proved, this makes 90 to be added 10 the !
diminished maJorities OF the RESPONDENTS
In tne seventh division of the Third ward thel
were "a illegal votes and personaions and 81 una
sessed votes unacc0unted for making 125 to be d
rgSDDnnpntCi moi D.,