The New York herald., 1870-04-01
TIE CAOULS OF TIE BALL97 BOX.
The Brooklyn Election Fraud Cases-Five Con-
victod Canvasssrs Sentenced-A Justice
Sent to Jail-city Hall Officials in
Legal PursatOry Arguments
Ee!oro tho General Term.

In the Kings County Court OF Oyer ami Terminer
yesterday morning The cases OF the live convicted
canvassers OF election Henry Mayo aud Michael
Hannon Justice Buckley and George Brown and
Barney Mahoney, came up, when Judge Gilbert de-
MED the motion Tor an arrest OF judgment previously
made IN all the cases.
Mr. Britton for defence raised the point that there
was no power in this court to pass any sentence or
dne upon any OF these parties. ana that The only
penalty TO which they were liable was q civil PEN
altya forfeiture OF The pay Tor the SERVICES they
may have rendered.
Judge Gilbert oyerruled the point and said that
after consideration Of these cases, the Court mad
come to the conclusion n the case OF Justice Buck.
ley to impose imprisonment upon him. The SEN
tence OF the Court that he be imprisoned In the
county jail for period OF ten days. His Honor
stated that this sentence mitigatcd, for though
the Indictment charged that the defendant had
omitted entirely 10 maze the canvass. the District
Attorney conceded, upon the plea OF guilty being
received, that the canvass was subsequently, aad,
as the Court understood correctly made.
District Attorney Norris SAID THAT the votes were
canvassed on maEdatnus, and not by the VIII OF
the canvassers.
honey, aud relnarAet that the verdict OF the Jury
established the Tact that he wluily and ffauaentiy
lost the returns cOnaiyed at tneir being stolen
from MN. There was NJ o.lier CONCLUSION 10 90
arrived at.
Ine readers OF the HERALD may remember thNt
Man0ney's defence the trial wes that he laid the
returns on me door, IN the kolce OF the Superla-
tendents OF the Poor, for few minutes, whle he
listened 70 q slrolliug violin player who was there,
ana that after the miDsre lett he missed tue pa-
per5 The sentence IN this case was that the GeeDd.
ant be imprisoned LII tne PentenliGry for thirty
days.
In the case OF Mayo and Harmon, The former OF
whom ~ clerk the water Board, ana the latter
an attache oi the Tax oce Judge Gilbert saia that
the verdict OF the jury established the TACT at they
mscounted the votes wiliuily ana lrauiulentY.
These offences, his Honor continued, were OF great
eEormlty, and II would be poor reflection OF pablo
sentiment II this Court should impose such pun
ishment rs would Indicate an Indifference 10 offences
Of that description the Court had taken into con.
sideration the circumstances under winch these
trials were had, and had carefully considered the
testimony. In the case OF Mayo aud Harmon the
evidence for the prosecution, II must bc al.
mtted, was somewhat contradictory, put nev.
ertheless the functions OF the Court aud
jury were entirely separate. IL was the province
| OF the jury to determine the question OF fact
and the Court had no right to place their judgment
In review. The sentence Of the Court In This case
was that the defendants be Imprisoned in the Peni
| tentlary for period Of three months each.
The case OF George Brown, indicted with Justice
Buckley having apparently been overlooked. Assist
ant District Attorney Moore inquired II the same
| tence imposed on Buckley wOlid be Imposed OIL
Brown Judge Ciloert replied In tine Affirmative.
Mr. BrlttOn then rendered bill OF exceptions and
asked for o stay OF proceedings.
Judge gilbert saia that he would hear counsel In
Chambers on that point. The court adjourned.
stay which was granted ana the cases therefore &C
to he General Term. Tho next General Term vii
convene IN Brooklyn on Saturday next. The defend
ants arc still at large Oh bali.