The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-04-03
ELECTION FRAUDS.

~~-~~~~->>>~->-~>~~~~~~
False Swearing Before tho Investigating Con.
mitteo-Charge Of subornasisn Of Perjury.
Yesterday morning Michael Colby. Q young man,
was arrested by olicer Palmer, OF the Tombs Court
squad, charge Of subornstion Of perjury in per-
suading Chat1eld Smith, OF 50 East Houston street,
to appear before legislative investigating commit
tee at the Metropolitan Hotel and swear that he had
been repeater" at the last general election and In
the Sixteenth ward voted the democratic ticket ear
y' and soften" The legislative committee were TAX
ing testimony with the view to determining whether
Alexander Mcleod or his competitor william Halpin,
was entitled to o seat in the Assembly from the
Thirteenth Assembly District Sixteenth wardl OF
this city, both gentlemen claiming to have been
elected. Below viii be found copies OF the afdavits
in the case and the statement OF Colby, the de-
fendant.
AFFIDAVIT OF CHArFIELD SMITH,
Chatfed Smith, Of No. SO East Houston street,
being duly sworn deposes and says that on the LIST
day OF March, 1869, he was called upon by Michael
Colby at the residence OF his slster-in-law, No.
Duane street, in said city, who desired deponent
to call down to the office OF the Cr0t0n
Aqueduct Department with him; that deponent
went with him there for the purpose OF meeting one
Alexander Mcleod as stated by said Colby In reIa-
ton to the investigation held at che Metropolitan
Hotel relative to the election OF AsSemblyman In the
Thirteenth Assembly District Sixteenth ward; that
while on the way to the Croton Aqueduct Depart
.9s Saa Ss ,Ta at said
hotel, and say that he (dep0nenD voted ule-
gaily at the late general election held in
that he voted the straight democratic ticket straight
through: that he desired depOnent to get number
for the same would be all right and that he would
attend to that part OF 1t; that dep0nent and said
upon Sa e. Inc sa 9ep on Ss %
Robert Murray, United States Marshal, in Chambers
street; that upon arriving there the said Colby
familiar r. MANNER Who replied to Colby that
the man had not come yet; that Colby and depo.
Mcleod came; at the instant he made his appear
ance the said Murray said to Colby ''there's your
a sd e n up the 70
ton Colby called depOnent over TO where ne and
Mcleod were talking; that deponent had never be-
fore the said Mcleod and there 1t was that he
was introduced to him by Colby; that the said
Mcleod then opened conversation with deponent,
whom all OF which questions deponent answered in
the manner described by the said Colby, and falsely
at Cobby's request that said Mcleod Ooboy ana de
Mcleod and Colby together, who walked up Broad
way, depOlent promising TO meet them at McLeods
house on West Twenty-slxth street. accompanied
by Colby and another man named freddy" that
after remaining In McLeOd's house for some time he
came in and pulled from his pocket number
OF blank subpenas, which he filled up, giving
deponent and the men he brought with INN
Committee Of the Assembly Of the State OF New
York, on the next day, at the Metropolitan Hotel;
that the way to the house OF said Mcleod, C0Dby
| informed depOnent and the men above referred To
to have their fictitious names ready to give In, and
| that they were to make statement that they had
| voted in the sixteenth ward at the said election
before the investigating committee, and that they
had voted the democratic ticket; that dep0nent and
| said men left McleOd's house; that subsequently
deponent in consequence OF SAID SUBPOENA appeared
! before the said committee and stated that
| his name Charles sanders and lived at No. SIS
Greene street; that he voted three times in the Six
teenth ward In said city at the last general election
for state officers all Of which is false, and said
statement was made or sworn to at the request and
instigation OF the said Michael COLBY and Tor money
paid at the instance and by the said Alexander
Mel cod, who handed the sum Of twenty-five dol
lars to his boy, who handed 1t TO deponent In his
(McLeOd's presence; that deponent dad not vote in
that the statement sworn to by him before the As
semDly Investigating Committee, at the Metropolitan
nartcular 40 made and sworn to at the iustigatio1
and advice OF said Michael Colby.
AFFIDAVIT OF MICHAEL CRAY.
Michael Cray, of 90 East Houston street, says
That about the LIST day of March, 1863, Michael
Colby employed deponent to go before the Assem-
Hotel and appear and swear that he voted at the
election polls the Sixteenth ward, said
CITY, democratic ticket; that pursuance OF said
employment and ut the instigation and advice
OF the said Colby he appeared before the said
committee and swore that he voted in the
said sixteenth ward twice under the name OF John
O'Brien, which name he gave to the said committee
as hts own; that said Colby told deponent to give
any name; that the statement made by deponent
before the said committee was wholly untrue in
every particular; that said Colby desired deponent
to bring q number Of men and do likewise which he
did, and who went before the said committee; that
deponent falsely before the said committee at
the instance and request solely OF said Michael
Colby.
STATEMENT OF MICHAEL COLBY.
Colby, who Is twenty-five years OF age, born in
New York, living at 220 Chryste street, and
p,nter by trade, made the following statement
the last November election. Marshal Murray gave
me an introduction 70 Alexander Mcleod, an en-
ploye in the CrotOn Aqueduct Department, and who
was contesng seat in the Assembly OF this State.
at the Metropolitan Hotel, before committee, in the
month Of March last. Mcleod asked me If l knew
anything about ''repeating In the sixteenth ward
and If could furnish evidence for him before the
investigating committee as he was cOnteSting seat
in the Legislature. told him would try. ! took
Smith, the complainant, and introduced him to
which he had received from Mcleod. got num-
Der OF other men; some or the names i
gave to Mcleod and some I did not. They
attended before the said committee and
testified they were paid by some one. l.
attended and was sworn and testified before the
Henry Williams, Of No. 1o2 Greene street. The day
that Smith gave his testimony was down stairs in
the hotel. Michael GRAY came TO my house and SAID
he was hard up, without dollar, that little money
would benefit him. and said he would go before the
committee For the services performed by me In
getting the witnesses before the committee re-
ceved several sums from Mcleod at various times.
1 rendered him other services than this. re-
ceved about twenty or twenty-five dollars altogether
from Mcleod. Smith told Cray what would be
necessary TO say before the committee
Justice bowling committed the accused TO await
the action Of the Grand Jury.