The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-01-25
The Carey-Tw0mbly Contested
Election Case Closed.
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THE COMMITTEE TO REPORT TO-DAY.
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A Warrant to be Issued for Su-
pervisor Terhune.
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Defeat of the Libel Bill in the
Assembly.
A Hl.ibing Letter from a
Blind Man.
PROTECTION TO FLYING TRhPEzIsHS
ALBANY, Jan. "a, 1871.

THE CAREY.TwoMBLY CASE.
The Comm itiee on Privileges and Elections held a
meeting again this evening to wind up the Carey
Twomby case. There was very little interest mani
tested in the proceedings owing to the fact that the
most material evidence in the case had already been
heard, and that everybody knew beforehand what
the nature OF the summing of counsel On each side
would be. There was little squabble over
THE EXAMINATION OF RUFFNER,
who had been examined during the investigation In
New York before the Board OF County Canvassers,
but Carey's counsel finally concluded that 1t would
do no harm to have HIM again examined, and
no was allowed to testify. His testimony In
bulk was but repetition Of his former evidence, and
the only new fact elected from him was that he had
heard the chairman OF the Board Of Inspectors in
tine Eighteenth district OF the Sixteenth ward an
nounce the vote after the canvass had been CON-
peted This fact the Carey folks commended was Of
no importance whatever In the case. 1t should be
mentioned that previous to the examination of Ruiz
ner letter from the clerk Of the Bureau OF Elections
was read, in which he stated that the tally checks
OF the two election districts in dispute IN the case
had been taken from his bureau to be
used by the sub committee OF the Board
OF County Canvassers tor the purposes OF
comparison" and had not been returned Mr.. Stew
art then endeavored to induce the committee 10
allow him to subpoena the members OF this sub
committee to show what had been done with
the TALES; but the request was not allowed. the
committee deeming whatever evidence they could
give not material to the case. Mr. Fields
SUMMED UP
for Mr.. Carey and Mr.. Stewart for Mr.. Twombly 1t
would only be repetition OF the whole facts In the
case give sketch OF the speeches OF counsel
on either sde Suffice 1t to say that the great point
at which each levelied his batteries was the
action OF Terhune, the nted States Supervisor, in
taking part in the official count OF the cote III the
Sixteenth ward. Mr.. Fields contended that the law
in regard to the way and by whom votes should be
counted In every election district was mandatory,
while Mr.. Stewart argued to show that 1t was not,
and that In point or fact Terhune, by having
handled the ballots the general count, did not, III
the eye OF the law, commit an offence Tor which
either candidate could be made to suffer. To fortiry
this position he fell back on the law Of 1870. After
the summing up the case was
DECLARED CLOSED.
The committee will report to-day TO the House
without doubt, as there is now pending In the
Assembly resolution calling on it TO show by TO-
morrow what disposition 1t may have made OF 1t.
The report will Of course be strictly party one-the
Of Twombly. The House will follow suit and Mr..
Carey will be declared entitled to MS seat, and We
during the session until Terhune pursuant to reso.
luton introduced by Mr.. Murphy to-day, Will have
up in the case when called FOR as witness.
GOVERNOR HOFFMAN's FIRST RECEPTION
took place this evening 1t was very largely attended
Zens OF the capital.
The lower House OF the Legislature went to work
into Committee OF the Whole, passed some thirteen
bills, thus leaving almost an entirely clear
Tor the new bills, which are already beginning 10
crop up TO fearful extent. II has been the haDlt OF
q great many committees during previous years to
for their consdsraton until very near the close of
the session, when they were rushed through In
batch and The invariabe excuse for THIS dodge was
always that important bills concerning cities should
by right have the precedence over all others.
1t would seem, therefore, from the brisk way bills
which the New York city press may not consider OF
very great importance to them were disposed OF
day that there Is to be reform in this particular
this session. and that people who do not live in big
towns and run big corporations at Will gre 10 have
rs good show as other people In the long run.
The only bil brought up In Committee OF the
mir. Nelson's III reference TO
LIBEL SUITS AGAINST EDITORS,
In which provision was made that any fellow who
took t into his head 10 sue editor for libel would
have to file bond for 81 900 as security beforehand.
leading country members probably from the fact that
most OF them are as poor as church mice and could
part OF tine standing law OF the State get square,
with any yirtuous quill driver who would tit to
aenounce them after ter he mad d them wal.
Interests were not at all matter OF consideration.
This way OF getting square" with editors for alti-
cles written in Remuneration OF parties deserving OF
it was very neatly explained by Mr.. Nelson in his
advocacy Of the Oil. He showed, from many In.
stances which had come under his own personal
observation, that nine out OF every ten libel suits
brought against editors were never followed up
And why SO! Not at all because the editors bought
them on, with either promises or money, but be-
cause they did not dare TO go into court and
STAND THE TEST OF A FAIR TRIAL.
In other words, they preferred the easier method
OF compelling editors to retain counsel at heavy
expense TO themselves, and worry them half to
death by persistent motions and counter motions
when were destined never 10 be ended by the usual
means provided for ordinary libel SUITS. Then,
again he showed up the old pr ctlce Of worthless
scoundres' who dared to go SO far as to appear in
court and prosecute suit
"FoR THE SAKE OF NoToRIETY,n
certain IN advance that they would get defeated,
and who knew right well that even though they lost
their suits the unfortunate editors would be COM
peeled to pay the costs. Strange to say, not New
York member OF any prominence raised his voice
for or against the bill. To be Denny
Burns and Tim Campbell ventured beyond
their depth IN a vain effort TO detract
the serious attention OF the other members from the
wltcisns about third parties not interested in the
bill; bnt when the House laughed at them 1t laughed
as II would laugh at anything of witty nature mat
would come from the same quarter-n derlsion. 1t
was evident duri1g the debate that the majority OF
the members were 10Th TO show where they stood in
reference 10 the question under discussion, they
cohented themselves with hiding their individually
amid
THE CRASH OF "SoEsp
which killed the BIN outright, when, on motion OF
little Goodrcn. Of Kings. the enacting clause oil the
Il was quite miracle that Mr.. Nelson's other bll
ia relation TO iDels against newspaper editors did
nst meet win the same fate Only partial progress
was reported upon IL. however owing 10 the per-
sisiency displayed 10y such members as Alvord and
treason 10 nave IL fldicuously amended, 80 that
person Dfln2lh2 IDc suit against an editor would
nave Ills case tried IN whatever county he pleased
u Nelson can be made 10 consent 10 this mutilatlon
OF the bli's real import VIII be sure TO pass when
J: comes up 2sain. The loilowing IL tie bin iii
iull:-
sEoFIoN The srst section OF IN relation TO ndct
yaents Tor libel andtbe trial thereof passed April e. 1852 ~
hereoy amenaed ana sha! read as foliows:--
SEC l. IN all where libel has been NAV here.
atter be Contained In magazine perod.
cal printod publishes this State against any re.
sidlbg therein the Indictment tie trial of
such lodicneni as a.o the trial Of any civil
may be brought 10 recovtr damages therefor shall in
either the county where the ssi newspaper magazine or
periodical was D. hereafter he printed published or
In county the lbelcc shall reside But the
aeiendani may e sn cases claim the right by mo.
ton 10 the supreme Cotri in the district where he
resides to be red ouch action removed into said
court aud tried in the county where he ress where the
said newspaper magazine periodical here.
after be printed or pub.ished execung bond 10 the