New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-11-24


" Redlrect~Most Of the persons in the room that
evening Were inside OF the railing when the votes were
counting after the canvass was competed The boxes
were er sl HendrcSson testified that tho ballots
went through his hands and were as follows Carey li
found While the poll lists called for sl2 witness counted
an ballots and 6sIe be SaS IN 1as
ISs votes he to the Bureau OF Elections to get the
returns having been attacked on the street with charge
The defense then called John A. Refner who testified
IN sss absence nS Of the two nspec"r nonS TOOK
place; no ballots were put IN or taken ont he did not
persons inside Of the railing. Of whom there at
INSTRUMENTATION was considerable confusion
inside OF the room the Assembly vote was recounted;
witness did not hear 6 1871; will that dor
Thomas Quinn. another poll clerk, testified that there
was no vote taken ~ the inspectors TO adjourn OF take
recess; heard Hepburn speak to Forbes but Qua not
that after the counted Hepburn said That is
enough;" that was after Hepburn had heard the vote
announced by the poll clerk for the Assembly ticket
At H.. James Learey testified that he was present
at the canvass Hepburn said Hold on before we con-
The Chairman gave the counsel on each side ono
half hour to sum up. T. E. stewart for the
the face Of the 10 ballots the words sevonih
Assembly District" claimed that the statute In this
nothing in the statute declaring that failure to carry
out that provision renders the ballots void; that me
result of election by the Inspectors thereof snail be
pra Jaeie evidence in the and their decision can
Of Inspectors cannot behind It. In resrenee 10 tne
affidavit Of Mr.. Reed charging that VIM Tsrhuei pot
being inspector took part In the canvass OF the ballots
OF the XyIIIth District in the Sixteenth ward ne sad
that Mr.. Terhune al should be punished; that the
voice Of the people should not be sed because OF his
misdemeahor The hue and cry about Hepburn was
fancy In regard - the adjournment or recess ne
claimed that the section OF the Election law, when
declares that the Inspectors Of Election shall meet ana
without adjournment or recess proceed TO canvass tne
votes has reference TO adjournment after the can
commences.
James NJ. Smith in summing up for the complainant,
spoke Of the witnesses produced by the defense ana
said that at the time the election they were 50 alb
sorbed something that two of them agreed as 10
what really took place that occasion. He clamon
that the omission OF the words With Assembly District
rendered the ballots void much the omission OF the
words "For member OF the Assembly would have done
The question was plain for discussion In regard TO
the votes being by Mr. Terune, he said the
statute plainly provides that only those per
sons appointed inspectors shall canvass the votes,
and that violation Of TINS Pr0V O,a %;
that district II the Inspectors could call In one to assist
them they call in three all from party and al
adverse to candidate running for office. II the Com
mttee established the precedent that third party may
be caed in votes, elections would become
O mere farce. ,...--,,
The Chairman then stated that the Committee would
report at an early day, ana the Board adjourned