The New York herald., 1870-03-23
INPURITY OF THE BALLOT.
The Brooklyn Election Fraud In
vestigation.
Trial ot Henry P. Mayo and Michael Hannon-
A Grave Charge Against Two City Hall
Officials Was the Republican Assem-
bly, Candidate in the Second
District Counted Out!


was continued yesterday morning IN the eour' o.
Oyer and Termlner, when District Attorney dofris
caled on Tor trial the case OF Henry r. Mayo and
ntchaei Hannon, canvassers in the Fourth district
OF the Fourth ward, who were Jointly indicted on
che charge OF having made false count OF the vote
In their district for member OF Assembly. Both OF
the defendants are well known In Brooklyn, espe-
cially The former, who now holds position IN The
Water Commissioners Office Harmon has billet
in Q tax collectors once.
The court room was crowded long before the court
convened and by the time the proceedings com.
merced 1t was impossible Tor any person to gain ac.
GEES TO the court room.
Mr.. g. I. jerks appeared for the defence. DIS.
trict Attorney Morris and ex.Judge Moore con-
Quoted the case for the people.
THE ORIGIN OF THE FRAUDS.
In opening District Attorney Morris said that he
thought the prosecution would De able to establish
clearly motive for the commission OF the crime Tor
which the defendants were to be tried The jury
would recollect that during the past summer certain
COMMISSIONS had become distaslefu to the people,
whether ughtfuliy or wronglugly and the
community had the Idea that 1t was not
right that they should be called upon
20 pay much larger price for an
article than it could be obtained for from other
sources. And as at the election members or the
WCAC W DC ~ Was very important
20 secure delegation from tins county IN the Le.is
iature in order that they might sustain the opjec
tonabtc commissions. 1t was necessary not only to
secure delegation from this county favorable 10
the leaders OF these commissions DuG also TO sue
ceed 10 eectlng local ticket. SO that the party
here might nave o prestige IN the state;
because to go to the Legislature, even with
IN o county largey democratic wonlu not be cacu.
hted TO strengthen them In the Legislature. great
many OF these parties under indictment were en-
Ilsa In.
ment and tire Water Board. They were selected as
the men best calculated to count The votes OF the
Ciszens ana declare The result OF the election. Mr..
Morris anudeu 10 the partisan appointments Of the
inspectors aud canyassers. aud sad ne dtd SO Tor
tne purpose OF showing tnat the lrisonersi In this
case mad motive 10 10 just what they were charged
with 0olng-to
SERVE THEIR MASTERS,
and thereby protect themselves In their own posI-
uonS and IN some cases II was successful. IN the
case they were ABOUT to try he Thought he wond he
able to show that the Assembly district n which the
defendants acted as canvassers was now repre-
hented or mlsrepresented by a person against whom
personally he had nothing to say, and Dy person
but counted IN 10y the oelcndants. Time had been
In the history OF this state, aud not many years
past when Inc election OF single person would not
only have secured the Legislature, but United
states senator. SO the Jury would perceive Ll.
enormiiy oi committing u crime OF this kind. Mr..
motifs stated tne Charge against the defendants,
which was that or
FALSELY COUNTING THE VOTES;
In other words, counting OUT Mr. zimmerman re.
publican candidate for Assembly, and counting IN
Mr. Cullen, mis- democratic opponent He thought
the enormity Of this offence was much greater than
the alteration oI the returns after the Mr.
motifs also claimed thai the defendants had violated
the law also by falling to canvass tue vote lm.ne-
datey after the close OF the polls and that they had
ue the counting OF the Vote Tor ASSEM- Oily all
the other districts o that Assembly district had been
heard from, 80 tnat tney could tell precisely the
posltlOn ol analrs, and know how many votes they
would require 10 throw In TO elect Cullen IL vas
not until between three and four O'Clock the follow
ing morning that the Assembly vote was canyassed
In CblS ulSLtlct, WIen IL Known
tne vote IN the Assembly district was. MIR. Morris
was detected by persons who, upon rcmonstratlng
were told to ATTEND TO their own bnsiness'
THE TESTIMONY FOR THE PROSECUTION.
The FIRST witness called was MIR. E n. Galley,
Clerk OF the Board OF Supervisors whose evidence
merely related to tne appointments Of the defendants
Officer Thomas Vaughan. who was on duty at the
polllng place on the night IN question: stated that
the canvass Of the vote was begun shortly after
o'clock, and was not finished until half past six
O'Clock the morning following; there were two
parties VINO came in during the evening and talked
Mr.. Morrls-staie whether those interviews were
private or public aud at wnat lime they took place.
MIR. jerks objected.
Mr. Morris-I don't propose to show that these
we're private
Judge Gilbert You intend to show what was
saidY
Mr.. Morris--No. don't; Decause.it would be I'M
Judge Gilbert said that he did not think 1t would
be Unsuitable fJr MIN to ADMIT any inference.
Mr. Morrs-Does your honor exclude me from
showing that just prior To the canvass or tile Assem-
bly, votes party came IN; that he was called aside
and that private interview was tnen nad?
Judge Gilbert-les, unless you prove what was
ano anything these defendants did. We cannot try
case In court on SUSPICION.
Mr. MOrrls-But we have q right to try them on
c1rcumstaniial evidence.
Judge Gibert-You can prove anything he did
or said or anything that was done to MN.
Mr.. Morris ito witness)-State, tnen. what either
OF these canvassers did tnaL you noticed during the
evening OF the canvass.
Witness-The canvassing was very slowly done
and called The attention OF one OF the CLERKS to lhe
fact in the presence of the canvassers; the state
ticket was counted first. and when they came
10 the Assembly several tickets were missing, Mayo
gave witnesses the keys oi the boxes, which were
locked and said that when the missing tickets were
FOUND they would be counted for the man to whom
thay belonged; one Of them was found In the city
box. Witnesses lurther stared that one OF the poll
C.crkS told Mayo that lie was cOlnting wrong; MIR.
Mclaughlin asked the cierK II he didn't trust Mayo,
and ho said Mob
z. DID you observe any person come in just prior
20 the canvass OF the Assembly vote?
MI. jerks objected.
Mr.. Morris-Would 1t be immaterial to show that,
the canvass having been unusually slow and de-
layed, parties came In Just prior to the com.
mencement Of the canvass OF this vote; that the
Assembly box was NOT canvassed until after the
close OF the canvass III the other districts; that II
was known at that time in the room tnen how the
vote stood for member OF Assembly; that OF the
parties came IN Just PRIOR ana conversed with OF
she defendants, and tnat after that the canvass
proceeded with and this lase account made
Judge GllDeft--l u0u tnink IL would TneSc De-
PENDANTS are not responsible Tor tho acts OF other
people, but only for their own.
Mr.. MOr:s-Have not right to show motive
for making q false cOunts
SOr VERY NECESSARY.
Judge Glbcrt-It is not very necessary Tor you to
DO IT.
Mr.. Morris-It is competent, is 1t not to show
Motive2
Judge Cilbert-Und0ubtedly but not unless you
show what passed between these parties.
The witness was cross examined by Mr.. jerks, and
stated that he saw nothing during the canvass
which excited his suspicious.
Oflicer Elias testified to about tho same e1cct as
Vaughan, but added that when theUpo clerk, Hege-
man. spoke to Mayo The latter told him 10 attend 10
his own business ana he would attend to his.
TALLIEs ARE TOO STRONG.
Charles w. Thomas, Deputy County Clerk, said
that there was tally sheet OF the vote In the Frss
Second Third and FOurtn Assembly districts oil the
Fourth wSrd. Mr. Jenks opposed the introduction
OF the tally sheet evidence, and the Court ruled
thai 1t WAS not a legal document.
WHAT A POLL CLERK SAW.
Daniel A. Hegeman, one OF the poll clerks was
ncxt examined as foOws:--SO far as could see the
canvass was conducted fairly up to the time the As
seMDy ticket Was counted; that was done very
slowly; the candidates were Mr.. Cullen aud MIR. Am
meTman; saw MIR. Cullen there, think between
TWO ana three O'Clock In the morning: was told It