New-York tribune., 1869-06-17
THE COURTS.
THE MovEANY. .CULKIN CAsE-CURIoUs CONTRA
DICTIONS

The People CT rel. James z. McVeany act
Peter Culkin-SupTeme Court Circuit--Muln. Justice
served question 10 the jurisdiction OF the Court and
adjourned II 10 Wednesday TO consider. He having an.
juTisdictiOn Mr.. Sullivan, for the defendant, made a
formal motion for nonst and argued 1t at considerable
Mulin said that the action was framed according TO he
Cukin rightully in office, on which judgment for
! plaintiff would be Judgment OF custer The other
whether Mr.. Mcyeany was entitled to the onee
With regard to the latter. TO which almost all Mr. sull
vans argument related he IN doubt but the ofpnse
would proceed and In his final charge he wOuld rule
The defense then called MI Dnnham. the canyasser in
votes and signed the Teturns he took the signed returns
| home. They were sealed when he took them. He him
Sealed and as far as he knew had not been opened s
heard 10 announcement made differing from the return
in. The poll clerks had nothing 70 do with
| the canYassing. When shown the certificates. on
Sse Poey one nc fS s0 F o tho Fo5lss1 s
District, testified that the return made 10 The city Can
by him not oca" Tie reason he had done SO vas Tat
the Inspectors had been neggent and had used up ho
dermen in other boxes; on the canvass the pol clerks
do and confused the otDer aud no then directed tho
police 10 remove strangers TIE tickets were within his
reach Mr. Ackerman WAS there; ms attention was
the tickets and he did not notice those persons inside tho
rail particularly he did not zee any ilckes taken from
the McVeany pile, Culkn tickets substituted; "
the poll clerks filled mp the certificates before he signed
IL; IL was sealed up ia his aud Iahes presence, and
Cross.examined- vote was short; more than one
than two; could not say how many votesior Assist
ant Alderman IN other boxes after giving the not ON
cal" certificate; he thought more than ten the hAa
gives go I2 and his only reason for writing not
official" that the canvass was not completes
turn when ne signed &, he did not know
whether the poIclerks kept any tally lss he e9uhnt
not see it scratched he e0ndnt tell why the vote on
other tickets differed so widely from the other votes no
home with Linn ne was superintendcnt Of Repairs
aud Paving appointed by Mr.. Mclean; he didn't know
whether by Mr.. Atkins influence not On re direct
examination he testified that there was much CONFUSION
Edward J. Taylor, who was a poll clerk OF the Fifth
District, testified that on the morning OF the election h9
was told by him that what Mr: Branigan should do or
direct would be right; he saw Brnigan doing what he
the charter box - no went out and looked at the tick
cts to know their backs; Branigan was putting In
McVeany ballots; at a subsequent COMPENSATION with
McVeany he had said what Branigan wasdong vas right
The Court here took recess, and after recess n 30
was recalled and testified the canvass completed
when he signed the certtie2te9 ~ ,,.,...,.e
inspectors had the polbook ~ which the voters were
ntsred; he saw Mr. McVeany standing beside the book
during the day. conversation with Mr. Branigan was
ruled out. On crOsseXamlnatiOn he said that ne had
wanted Mr. McYeany TO get Linn into The PostQhice, but
he had not got in; he had not seen The lace OF te ballots
put by EFaHan, only tho back OF them; Mr. Braugan
was supposed % be the llemoeiauc poIeltfA Msss
was the Republicans he knew Branigan was dcfrauding
not voters; he was there were more than 10;
rejection he would say Nj. spencer asked him u no
knew how many votes were cast witness 1lo hol Know
Mr. Spencer-EiOw It IL additional ballots were put
in that while the vote for Mayor Is ~ .gr. a1t
for Corporation Counsel 900, that ior As,lstaut '
give witness was not now ~ NOlh' ne is'. sHh lo
Republican party for work but had not GOT l ne W. ~
SG on ~ m bae cen an rSlT,ai and had been DISCHARGED he
~ uli he
yassers he had told no one ti ite; hs haa pesh prom
The defendant then asked delay, account Of the
absence OF Alderman White, whom they desred put on
not 60 over aud consented that his testimony taken be-
fore City Canyassers should be read "a evidence as
published and Is 10 the effect that Mr. White allowed NJ.
Mcveany access to the rPieato copy ot the return m
o him ne was heat the election and that Mr. Whtn
subsequently found an alteration IN the returns had been
One witness was called in rebuttal. but gave test-
MIR spencer suggested that both sides confno their
speeches to 80 minutes indeed he was willing 90 sB0-
! nit without argument under the charge Ot the Judge
Mr. Algernon :. sullivan willing % accept the hrst
Alternative and summed up for The dcfondant -
| I'm earnest and able manner. alr. Justice Auiin
charged quite briefly There were two question: one
other whether the relaOr was euuia 10 Ms seitI Fhe
first must bo disposed Of first 40 included t-e s,cGud
could take up the second The law provided that tla
District CanyaSsers should make certain returns 10 lue
turns made prid fdce that the one 30 declared
entitled To scat was entitled 10 was stu the liSai ot
auy person or OF tho AtOrnCYG General To coutta. ls
pi1pa ftcte right, Of any opposing canudMe 10 he
name OF tho AtiomeyGeneral TO contest l. ard
! claim himself entitled 10 the Office Inc pialNilu
| admitted that IriWd Jtreis, Mr. Cuikin was 20
| entitled but claimed that this was ~ mistake.
calling attention the altered certih acs. whether
ths alteration from fraud or accident the palntu
or the reatOr had right 10 assIll the ccrlncate no
had undertaken show that the returns had hc.n Ialsl
dcd The returns from all the Districts but the nNctth
and Fourteenth were admitted; in one ~ these D,ticts
| "A frtu Ol votes,
and I'm the other OF 100, amounting 10y Nupcaoh 70 Nv
was alleged The question after a, one OF Vefatiy
of witnesses lie called attention briefly 70 the Tour
teeuth District To the plaintiffs testimony usie}, ne
Poll Clerk who kept tally; Ackeimah uio lnsl'e %.
Lake, the Canyasser and COppeuS, stranger lne jury
could look at the return and see whether c0rob0laled
their testimony. As 10 the Eleventh DlNflCt, thtte
| was the testimony Of Anderson, Requa, ahi
| Johnson Then the other side, Dluuain ana
Foley gave their testimony, maintaining the uuh u the
returns All this was question: of vtTacity ON when
the Jury were 90 judge, This question ult aloe
far above parties lt rotated to the purity ot e bMOt
box and the public had deep interest ~ w. iAe -ta
of the parties the suit bur little 20 the question
dcaed whatever the result 70 the parties NJ JUS &c
Mullin then discussed very briefly Dir. layioTs tc,t
mOny as 20 the Fifth District leaving lt To the jury 70
pass on his veracity alludiug however 10 tue sg ss
gested that the returned agreed with ta pO i,'
and, after speaking briefly OF Alderman Whites tesli-
mony, charged the Jury that 10 was iOr theh 10 unu,
first whether Mr. Calku received the greater huul y.
votes second, II he did not, did Dir Ncaly LAe Jug
are 10 bring In sealed verdict thls moimnS'
THE UNPUBLISHED PLAY QUESTION
Hepyy d. Palmer act. Robert w. De Wk--
Superior COurt-General Ierm.-MonelL Jones, % au1
Freedman Justices. This suit. II viii be renempeivu'
Palmer the theatrical agent ana nan