New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-03-24
evidence all proved that tho

10 do so Tho evidence all proven thae '"o
Imd"e Gilbert charged the jury, saying 1t was MS
dn, TO lay down the law. and the duty OF the jury W
s;der a the facts and circumstances IN the case anu
then 70 announce the result Of their delberat0n' Ia
prosecuting against public officers the Jaw ~
they were entitled to fair and liberal construction %
their conduct. They were not to DE prFudgea W y
thing which had been stated by the re
and which had not been proved nor ny any III @
newspaDcrs or any other way or FORM or by
except shat had been given IN evidence wss tos
cison 70 he elected The Indictment was suD.dnuaIy
tr ,rscountiug the votes and the specified charges
against the canvassers was for counting noro
Mr. Cullen than be received Inc burden vi pooi IN
on the prosecution. aud the sole question ~ ~
the case whether that had Deeh , uDne. -
had been said that the canvass was uoI"9 ,hat
IL should be found that such was the case tnat
was merely circumstance 10 the case an 1911 us IN
effect the Validity OF the CONT. The evidence Was IN
the first place that Mr. Hegeman. winch was tne
by the Court, together with the testimony ~ 81 the
on the part OF the defense they had the I'M S
attendants who testified that they made alr auI TUG
count The testimony Of Mr. vaughan MAS tnt ,a -,
peared to be delay in the counting me thai mn 70
iegemal's the poll clerks testimony WA . ia ~ t
the time Of counting the Assembly ticket, tncy rare
observed anything except WHAT was is tnd teh that
Then Hegeman says he saw two packets yea bnnt
only contained five tickets each ne saa pied he
1t at tho time, but, after the vote Tas aten
took up OF the packets ana calleu "a{Is was
ton TO it, and then dispute appse mr. less nperti
nence i'm the manner OF Hcgeman and MT Massey or;
ont Of Ie hands of Hegeman and that Mayo told him nc
should count 1t on account OF NE Ipei si,ua
determining the cred by OF ine and their relations
political or otherwise to each other, ana the
Istiu
both been on the stand they had their manner Whe
there and had an opportunity 10 s nc i,rv
70 determine how much or how little credence was 70
he given the testimony OF each OF tho WIN, -,
The defendants had by law been so ho cond tell
nesses and the only witnesses MIC un,ed or
positively whether the votes were rl2hiuIly co tho
not Ii their testimony was true tfn a for the Jury
the properly counted ~ was h tor ther
10 saw after considering the situation OF Tue otnvi wy
o'es yas ncked M and from all facts and crcun-
stances In the case II was for the jury 70 sly IN
no IL had been said that unfayoraOle IN
ference was to be drawn from the TACT tiat ~
t vote was counted then Mr. Culens counted
and the balance given 10 MT Ainerinah anu or
neared from the testimony that such course hau oee
ad0pted for the reason that there were put
Two candidates and 1t was an honest canvass , ance
true number Of votes given TO Mr. cullen tne paao
wond belong to Mr. zimmerman with mathematical GER
tany The burden Of proof rested on me sen
mted, houest jury could rest their feruc' on ~
The inry after half hours absence, rendered YER
dict of guilty
JUSTICE BUCKLEY AND Geo BROWN PLEAD GUILTY
DstrcAttorney Morris then called the case OF James
Buckley and George Brown, who were indicted Tor an
alleged nformaty in canyassng the votes OF the Fourth
District OF the Twenty Ward, where they acted as
Mr. Britain Of counsel for the defense said the defend
ants had been Indicted for counting tne g5o'9 bt The
wrong time and place. The statute provides tnao tne
journment. That nos done by the defehdahts loi
which they gave, as they alleged tnat toy %
been interered with After the DdII0tS were CouVea'
however there question raised as 10 the correct
ness Of the count. and under those circumstances ~ was
hardly worth while go into controversy ana take up
the time OF the Court and the jury: They therefore
pleaded guilty and would ask for delay on the part OF
the Court in passing sentence 10 allow counsel ior thc
defense make aldaylts or the facts IN mitigation oI
the penalty. .,...,o,
DstrctAtorney Morris said he did not see the neces,
sity OF the statements made by counsel but he would
also make similar application for the purpose Of filing
aidavits TO show that there intention OF fraud
Mr. Brttan--It was correctly canvassed.
Mr. Morris-It was canvassed under a mandamus
Judge Gilbert directed the clerk to entef plea OF
guilty. " 80, H.,
Mr. Britain asked for delay IN tho trial OF the other
cases. Judge Gilbert accordingly adjourned the cases
until Monday next.