The New York herald., 1870-03-22
IHPuRIYY OF The BALLOT.
The Election Fraud Trials Finally Commenced
Two Cases Disposed Of Yesterday.
AN ACQUITTAL AND A CONVICTION.
The Missing Vote Of the Sixteenth Ward How
Barney Mahoney Lost the Returns and
was Laid Out by Minstrers Lay.

and Justices Voornees and Johnson yesterday m orn
ma but sustained q defea. at the very ou,start o
his investigation OF the extensive frauds OF last No
vember. The case tried yesterday morning was thai
OF John Lynch, who was q canvasser IN the Third
district OF the Eleventh ward. He was defended By
Aessrs. Crenvie T. jerks, Winchester Brit
ton and John II, Bergen. Ex-Judge Moore
was associated with District Attorney Morris
in the prosecution. There was an immense
crowd In the court room, among whom
were noticed number of city and county officials
and various politicians OF the smaller fry, all o
whom take an interest in these cases. But little
at about eleven O'Clock District Attorney Morris
arose to open the case for the people.
THE STORY OF THE RLEcrIoN FRAUDS.
In opening the case for the prosecution District
Attorney Morris said:-
GENTLEMEN OF THE JURy-You have been called
upon 10 discharge an important duty You are aware,
every other citizen In Our community Is are
that certain parties have been lndicted, charged with
violation OF the election laws This, gentlemen,
mas always been regarded as very serious offence,
because IL strikes al the very foundation and theory
OF our government. lt Is NOT necessary gentlemen
that should call your attention to the importance,
therefore, o. preserving the purity OF the ballot box.
You are all, ana must be, sensible OF that fact.
Ever since The foundation or our government 1t has
been among the first business the legislatures OF
the purity OF the ballot box.
EVERY CONCEIVABLE VIOLATION
OF that right has been made cnme and penalties
have been ai1xed Tor the violation Of The various
laws uesgned to protect the Dai0t. Hitherto prose.
cutons Tor violations OF the election laws have not
Oeen very frequent, and usually against indlvldu-
ais Tor voting without the right 10 vote--yer
few cases other than OF that cass-and it has always
neen considered grave crime ana courts have IN
flcted severe penarles upon persons conyicred for
Illegally depostlng or Illegally receiving single
sele ve1ous Ama nna ~ Il IS crime and It
ton OF the law, what must II be when combIna.
tion is formed to disranchlse an entire community,
TO subvcrt the very foundation OF our government
by prosutatng the ballot box for selfish purposes
Yet, gentlemen Buch mas been the allegation and
such assert here IN the prcence Of this court ana
OF tn1s Jury, knowing full well the responsibility that
have assumed, to De fact. You all recolect zen.
tlemen, the last election. You recolect that there
was
FEELING OF DISSATISFACTION
and insecurity In the community, and when the
returns began to come In the night OF the I'd OF
November 1t was apparent to every man IN the com.
munity that the people mad spoken out plainly, de-
terminedy, Irrespective OF party lines, with refer.
ence 70 our local AFFAIRS; and II was further evident
from the shape In which the returns were received
70 the most casual observer or political AFFAIRS that
the ballot box mad been IN many instances tampered
running away behind bis ticket and H,s'iSs in the
adjoining district running 200 or 800 ahead.
Such asresuit was unnatural; such result
never honestly follows an election But 1t appeared
when the returns came IN, so overwhe ming had
been the expression OF the people, that the lusru-
ments that had been emp Dyed to carry cur the be-
their purpose. And the next day you began to hear
rumors all over tnat there were
MISTAKES IN THE RETURNS
as they were sent to police headquarters on tho
night OF the election. mistake here ana mistake
the announcements was made tnat the result that
was announced on the night or the election was
not the true result. The man whom the figures
elected on the ngnt OF the election is not elected
70 the chief once IN this county. The
People could not understand how and why this
was until the following Monday night in the Com.
le al rhp
purpose Of having the vote for city officers can
vassed and then IL was plain why 1t was that these
stories were circulated that the figures sent TO
Police Headquarters were incorrect. They had
made mistakes, because. az the returns were
op'.s' WV ''ii. rIAis H1uIl; UPON THEIR FACE
appeared the alterations 10 the very particular case
70 which these rumors applied Forged return after
she Will OF the people mad been set at naught and
person VINO was defeated BY the returns on election
night was elected by these fraudulent returns.
venture the assertion that when shall nave been
through with these election fraud cases there Will
not be man III this commnnity-I care not what
party he belongs to-wh0 Will not say that there
men holding once to-day VINO are not elected by the
people. Applause, which was suppressed by the
rie nt that the law gives them deposit their yotes
STANDING FOR HOURS IN THE LINE
for the purpose Of exercising that right, and when
your vote Is deposited the ballot box Is handed over
TO two miserable tools to count the votes as they
see proper. The question Is whether this
20 as i 70 Ss
arrived at the beginning OF the end In these cases.
1t is what l have been anxious for all the way
through and we have now arrived at the commence.
ment All ask OF you is that you give careful attcn-
uon-and know you will--t0 the evidence In this
case, In tals particular case se charge 70 that the
ttOn. The charge Is That no added names Illegally
on the day OF election. know that from the begin
ming Of these trials until the end-and experience
justies me IN making the aSsertl0n-no man will 70
SWEAR THAT HE Is GUILTY
"a "a
prediction that when all these trials shall have been
concluded and every man charged has gone upon
the stand there VIII be no single instance where
they 90 upon the stand and swear to guilty. This Ia
not party question. Ii makes no difference what
party you belong to. Itlsarlght OF the people. The
very principle anu element of republican govern
ment Is invoved In the principle we are about to
try-the right to vote-tne right to have that vote
counted fairly. The aboring man who works Tor his
days wages has just as much right to vote as
the man who represents Millions and his vote
counts just as much If the principle is properly
rled OUT But II at the election the ballots are to be
turned ont to few 10 count as they see proper, we
had better AZ least save the expense OF having an
election and call upon these gentlemen to say who
shall and who shall not be selected to Ill certain
Offices. We had better 90 thas ana stop the farce
THAT was enacted IN this city at the last election.
ThE TESTIMONY + ToE : THE 1lIi,1. PEOPLE. &
Board OF Supervisors, who testified TO the appoint
: Mr. " William s % G. Bishop city Clerk, read the oath
taken by Lynch after his appointment, in which ne
swore that he would, to the best OF his ability, faith
James N. Mills, who acted as poll clerk the Third
district OF the Eleventh ward, testified that on the
afternoon OF election day two men whose names
were net the list appeared to vote; tlier votes
were received but under objection; defendant acted
as inspector, aud witness thought he had charge VI
the check book.
Tne District Attorney asked If Lynch received the
voJe.
Mr.. jerks objected and the question was ruled
out.
witness believed that there were others who were
not registered, ana whose votes were received.
Lynch had the names OF twelve men on a Dotling
paper, each OF whCm had v0te and who had called
1t the registry oflice while he was absent. lie did
not know what had become OF this list On the
cross examination witness stated that when he
entered the names OF the two men above referred to
he did 80 with the knowledge that they had no right
TO vote.
James II. Cornwell examined the poll list and
check book. He was asked by the District Attorney
to state whether names appeared on the poll list and
not on the check book. Counsel for defendant OBJ
jected. Objection sustained.
Mr.. Morris oilercd the books and lists In evidence
Mr.. jerks objected, as they were evidence against
the defendant, but the objection was Overruled.
Deputy County Clerk Thomas testified that the
cheek book which lie held was filed in the office
November 8.
Andrew j. Hicks, one of the inspectors OF registry
Il