New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1870-07-19
TRIAL OF REPEdIERS.

ONE CoNvICTION-JOHN KELLY SENTENCED TO
STATE PRISON AT HARD LABOR FOR ONE
YEAR.
The first cases of violation of the Election
law passed by the Legislature last Winter brought
to trial yesterday In the Court OF oyer and Terminer
Judge Barnard presiding There were nine cases down
for trial on the calendar but the prosecution succeeded
in conyicting only one person.
Assistant DistrictAttorney Fellows appeared for the
people, and Mr.. VIM. F. Knitting was assigned by the
Court 10 defend the prisoners.
The first case was that OF John Kelly, who pleaded not
guilty, but subsequently, on the advice Of his counsel
withdrew it, and pleaded guilty. Judge Barnard, in
passing sentence upon him, said:
been TIED in The Court Of over and Termaer In Performance Of my
public Officer AN compelled to attempt stop Illegal voting
.ome seven Years yet Of sat on this bacf intend
boxes or any mpopres Of that Kind beasc you stop
sSn P the S e2 % &a ' S RSe C n n
This being the hrst case will give yn The lowest penalty
hard labor
Andrew Morris was then arragned, charged with hay
ing offered ~ vote In district In which ne was not en
tied to vote. Mr. Edward Burke testified that he lived
at No ~ IN the fTSt marr anu te fs Lef
box and offer to vote giving MS residence as NO 50 wash
moshng the time Of the election, aud had commenced
taking it down II days previously on his crosS-eXaIn
there In the month OF March or April.
Mr. James p Byrne testified that he was an inspector
at the election the prisoner At the bar ana not oer to
to the station-house for attempting TO vote.
John r. Ryan tcSticd that lie was an Inspector AT
the election the prisoner did not offer or attempt TO
vote.
Mr. Fellows said that the evidence insufficient to
convict the man. and Judge Barnard directed the jury
TO find verdict OF not guilty, which was done, and the
prisoner discharged.
Samuel Collins released on bail, not appearing for
trial his bail was declared forfeited. Bail also for
feed the Of Patrick Hogan, Thomas Clark, and
Frederick Rudus. 80
Edward MARITIME arragned, charged with voting
in two districts the day. Richard OCOnner estl-
fled that he the prisoner vote at the Second Flee
ton District OF the First Ward about p. ON the lh
Of MAY last; about half hour afterward he saw him
offer in the Fourth District vote was received
and counted On the crosseXamnation the witness said
that he had not known the prisoner peyiOusyi he ad
heard that there 10 be great deal Of repeating
done and he followed the In reply 10 question:
witness said that he thought nearly all the votes IN the
First Ward were fraudulent. Laughter. He did not
challenge any other persons Offering 10 vote as ne would
have been put out for doing IL.
The prisoner then placed upon the stand and tes-
tilted that ne molder by trade, and resided at No
IO Greenwich-st he voted at No Al Churchst ana at
other place on the crosse Examination he said he was
not Second District that day he had not seen the
previous witness when ne offered TO vote Counsel then
up briefly, and Judge Barnard charged the Jury
that il simply question of credibility The jury
disagreed, and were discharged.
The case OF Charles Lake a c0l0red man, was then
called but the only evidence against him was that be
had. through mistake, given his residence as No 4!
Wooster st. instead OF No 40 Judge Barnard discharged
him.