New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-02-02

ot eam that " tn aid XSth District
&c. relation The Canal and General Fund dee. we're counted
ne 1g g TTGt Ts S. . S s. - S S
printed written according to lag beng counted 9;9 1Gsns, S
ballots ruo[ng 90 be cart for sai Iso@o ~ .ee Nv s
i 8S S to be %s' I'D TSS SSI % xx
the ots. pSed i%' Es $ gii hs%S and that T. eu'
The Committee on Protests, consisting of superysors
Echchtlng met November % 10 hear evidence and arg
mens with reference TO tho contested seat Thomas ~
gene Durnn for the contestant The evidence in cub
sanitation Of the allegations made by Mr. Carey was aS
follows: In an affidavit James Deery stated that ne hau
visited the polls in the XXth District Of the Ninth
Srd on 6 as & s 90 9 %hen invited by
to go out for drink and that Mr.. Hcndrcks1hp n,a
jeremiah Coffin, and James f. Kelly testhed 'ht hIy
votes were counted for Twomby on the thS
XViTith District of the sixteenth ward when tne
votes being counted, and that no iGuna vot an
Inspector engaged in counting the votes & was
mony was corroboraed by other witness Wines Who was n
DEMOCRACY had tempered with the votes in any Wy
it was argued that the retirement OF tne MJ Proua
was in violation of the law, and was slnlclht ei""
for throwing out the vote OF the whole Dso committee
With reference 70 re second tno w "ocnre
refused 10 allow Mr. Twomblys counsel time 10
the affidavit of Mr. Terhune cOntradlcllhg heau
men and after short the defense were ODheed 10
the XIII District Ninth Ward, testified that the grSaes
caution observed in canvaSslng inc noe, ~, ar Az
eh had been seoIed and placed in the hands OF the
third Inspector and that on ms retm o he contra
dcted Reads allegation that there mao pecn "y NM
votes in any package of ten votes Tor MT lWopy anu
denied that there had been any adjournment or lreRn
lary. The Chairman Of the Inspectors aiu IWOo OF Tue
pOl clerks cOrroboraed this evidence. Win reference
Ia he alterations of irreguaTty in the XNIIh District
OF the Sixteenth Ward, Mr. TWombly n'el again re-
ouested an adjournment in order that the aidavlts OF
Mr. Terhuue ana others might he procured but the Com
mtee refused. and the evidence was closed abruptly
The special Committee reported to tile Board of Can
vassers Nov. %, resolution excluding Mr. TwOmDly
from his seat on the following grounds, embodied in
written report As to the 10 votes without Endorsement
cast in the IlId District Fifteenth Ward, they were
technically detective, ana c9uid WIN reason pc re-
jcctcd, but the intentions OF the voters were suclehl
expressed. Regarding the second and third points. 1t
appears that both the supreme Court ana tle Cot Oh
Appeals Iecoemze the nght OF COuntE CahNafers 20
exclude districts. Assuming that this Board have the
right grant the prayer of the protestant Creyl and
throw Out the two districts IN which VOL atons OF law
complained of, your Committee are of oplon that
the testimony coupled With the admission OF the counsel
for respondent, uses the Committee IN reporting, ~
they do now That these districts should he excIhded
from the estimate and canvass OF votes for AssGmDy
II is uucOntrovcrted that in the hrsnamed district
there adjournment In the canvass, ana III tne
the count To tls, counsel for the respondent merely
say that the law il directory aud not mandatory your
Committee cannot regard il. These prohlbltoIy
ees ave- CERTAINTY t0rV i'm their nature The oil
iect Of the statute clearly 10 protect the voters ana
the rights OF the candidate. To stop and estimate the
degrees OF possibility aud impossiDity Of fraudulent
ture and defeat the intention Of the lawmakers Inc
only safety always when penal statute Is violated IN
district 10 make that violation ground iOr withdraw
ing the district and vote upon which the Nloiaten
hinged from the canvass"
The report was accepted and resolution passed ex
Guiding from the the vote for member OF Assem-
bis in XXth District of the Ninth Ward, and m
the XVIIh District of the sixteenth Ward the ground
thai the canvass had been continuous IN the one ana
that In the other person who neither au Inspector
or POLL clerk gagged III the canvass OF the N0le
f0T Assembly, The Withdrawal OF the votes OF these us
trirts resulted follows: TwOmOly, lSG; Carey, lS2i
Curey> majority, 90. The certificate OF erection was
zen the contestant, and, with the assistance OF ms
vote the organization OF the LrgslatuIe was thrown
INTO the hands OF the Democratic party The LcSlsatNe
COMMITTEES privileges and Elections reported Jan 81
on this case and with show of fairness admitted the
vote OF the XNth District of the Ninth Ward but eX-
cuded the XNiIIth District % the sixteenth Ward on
the ground that MI 1erhunc assisted IN counting the
reaatc number OF votes. This reduces M Cdreys
majority 70 q the standing 9si 10 1856 IN his favor
The report was sustained 10y the following party yOie: