New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-04-01
KINGS COUNTY ELECTION FRAUDS.

SENTENCE OF THE CONVICTED CANYASSERS-
STAY or PROCEEDINGS GRANTED.
The Kings County Court Of Oyer and Ter
miner opened yesterday morning for the sentence OF the
convicted election canyassers Judge Gilbert ana Justices
VOORHEES, and Johnson tile bench. Winchester Brit
ton OF counsel for defendants raid he desired To make
some suggestions He took 1t for granted that the Sug
geston OF the DisrictAtoey in regard to the penalty
to be imposed, correct but had since come TO di
ferent conclusion The election law Of ei2 Nhcn pro
yided a ucuulty for its violation Inc OF not more IMAM
$500 Imprisonment for not more than one Year. was ho1
Exclude MooreIt is understood that these cases
to 70 up. Now there have been number oI points
raised-uot ons TOR o. Judgment mopous to qus
would suggest that Mr. Bulou slate his point, aud hat
your HoBOr pass whatever sentence You have agreed
upon. and then let this question 80 up Win to rest O
the ouc. tIOu- the
The Court took the same view of the SUBJECT ana hr.
BrIlton said that point of his argument to show
that the Court really mad no jurisdiction IN the matter
and the only penalty tue defendants were haDe 10 was
a forfeiture Of their pay for the services rendered
Judge Gi'bcrtIhe Court has considered these cases.
and 10 the fusion, Ia aAea bncAIey case,
TO impose imprisonment upon him the sentenre OF the
Court is at Imprisoned ia the County JAN Tor the
period days This sentence is Initiated for al,
though the Indictment charges mat he Wholly omitted
to make the canvass, the District Attorney conceded
upon the plea guilty being received that the canvass
was subsequently, made and, as uhdefaiaLd' coIecu!
made.
mandanus OF the Court and not by the wii OF the parties
Judge Gbert-We have considered that some what IN
mitigation or sentence. re willingly omitted 10 make
the canvass but 1t Zoe limited period "i time. The
Offense. however, 81 which Ec pleaded Ruy Is cross
q y.
OF MahOucy that he wiHlully aud fulueutly lost
returns, c0lnlyed 40 their being stolen No other
conclusion be arrived at from tAr cN Iruce In the
cases Mayo aud Harmon, the jury have t-'b! she'd tho
fact that they mlsCOuutrj inc VOTES WltuF ara fraud
ulenty and these axe OH II great euuruty uud 10
would be poor rejection upon any COnIt y" mon 'loHu
impose such sentences to indicate Indifference TO
public opinion Ocuse. OF that dts ripon We have VI
course taken into consideration tho circumstances uuder
which these trials lad, and nave considered care
fully the testimony. IL tuc case OF Mayo ana Harmon
the testimony must be admitted 20 BE- sUrc"hI contra
dictOry but the province OF the jury 20 determine the
question: ihc facts presented before ilru ana so
have rish, here 10 pass To- r Judgment 900 review. la
Mahoucy's the sentence az ,he Court is that Ac De
Imprisoned cIiOd OK - days 40 Tho Ptcuuary OF
this County; and the OF Mayo ANA uauuuu that
they be Imprisoned Iu the IUu!eutaIy " ts County
for period N three mouths
Mr. ButtOu-NO@. II the Court please, tender bill OF
exception.
Judge GilbeI-Thero Is business to detin the Court
any longer.
Mr. BritIOu-I ask stay Of Proceedings IN This casc
Judge Gilbert wi! near sou lu Chambers Oh that
point.
Ex-Judge Moorc-Dols the same sentence apply to
Buckley and Brown
Judge Buckicy-lrS; the same sentence imposed on
Buckley Will be- imposed on Brown.
Mr.. Brton subsequently, applied 10 Judge Gilbert, ia
Chambers for stay ut proceedings To- make tu ipca
10 the General Term, Wui b Wtr Erlu,'d.
The convicted parties alc sab 90 ialsc.