The New York herald., 1870-01-23
THE BROOKLYN ELECTION FRAUDS.
The Goodrich-Jone Fifth Assembly District Con
test-"Count the Big Man In'-Prelmi-
nary Examination Before Mayor
Kalbheisch.

The adjourned examination touching the question
Of the selection OF testimony be submitted to the
Legislature in the matter OF the contested seat in
the Assembly by the candidates, w. W. Goodrich
Uepublican) and W. G. Jones (democrat was resumed
yesterday afternoon, in the Common Council Cham
Der, before his Honor Mayor Kalbheisch. The first
witness called was John Ash, beardless youth
who boasts having poed his first vote last election
and 'hangs around'' the corner of Myrtle avenue
and Adelphi street.
District Attorney Morris, who conducted the ex-
animation for Mr.. Goodrich, sought to obtain the
admission OF a note as evidence, conveyed by the
witness from certain James Tully to George Cook,
a canvasser at the polling place OF The Third dis
trict, Twentieth ward, on the evening OF the
last election, In which the canvasser was
asked 10 count the big man in.n 1t was
conceded that the individual alluded to is Mr. JONES'
Mr. w. G. De Witt who appeared in the interests of
Mr.. Jones rs counsel, objected to the admission OF
this note in evidence, inasmuch as 1t was not the
original note but purpOrted to be o copy thereof,
and also contendcd that the witness was not COM
petent to testify the contents OF the written
paper whlch ne presented the canvasser. The Mayor
remarked that 1t could be admitted, subject to the
objection OF counsel. The latter objected to enter
tanning 1t at all as evidence, the admission thereof
mount TO an acknowledgment OF Its admssibility
before the Legislature 1t would be Ike shutting
IS ahe aDe aes hs the horse had gone
tnat the admission OF SUCH testimony as
be proposed in producing the copy OF the
original note was in perfect accord with all usage
in the proceedings OF courts. The question was dis
cussed at some length, when 1t was entered on the
minutes as tollows:--
Q. Did you carry a message from James Tuly TO
George Cook, at the Third district OF the Twentieth
ward The night Of the Sd OF November before the
close OF she poll, and while Mr. Cook was there en-
gagged as canvasSer?
OBJECTION entered and allowed.
The Mayor inquired why the. parties who signed
the copy or the note were not subp1naed as wit
nesSes, as they would be competent TO testify to
Its correctness The reply was that Ii was not ne.
cessary that they should go into tne enemyis camp
for proof; that they wonld prove 1t by eye Wit
nesses.
Witness said thar he took the message as it was
written. between na1fpast seven and eight O'Clock,
TO the polling place and gave it TO MIR. Cook.
z. What was the purBOrt OF that message and
what reply dld he MAKER
objected 10 by Mr.. De Witt, as the message should
pe produced IN order TO prove what was It's purport
lhe Mayor sustained the objection, as either the
parties VINO signed the copy should be present. or
the message Itself should be produced. The testi-
mony IN this connection was ruled az incompetent
would afford ground for double conspiracy; TINA
out. ~ ~
me District Attorney said they proposed 10 show
Md. @ y was IN the original language Of the message.
~. raw ulu not require that tney Should bring one
u ,h. nnoso present VINO had signed the copy.
ine WitneM continued, in answer to u question -
wien J handed Cook the message he took Il ana
Ieau ~, ana SAID All right and hauded it to the
otueI cahVasser." During the cross examination to
Wnicl ne was subjected by Mr.. De Witt witness
Sla'sa tnat ae usually hung aropnd the corner of