New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1871-01-25

POINTS PRESENTED IN MR.. Tw0MBLYs IA
VoR-REMARKs OF THOs. G. FIELDS.
JBY TELEGRAPH TO THE TRIBUSRl
A1RAsy. Jan. A-The Committee on Privi-
eees and Elections finished their hearing In the con-
tested election case of Twombly against Carey this even
inp and t now only remains for them to make their re-
mort IN the House The case for Mr. Twomby has been
fully and ably presented by his counsel Messrs
and Howe No evidence was presented IN oehaii
OF Mr. Carey, and nothing was said IN MS ia'oi
which by apy stretch Of fancy can be called an d'g'-
ment The TRADE Of Mr.. Thomas G. Fields was al eA"i
hilton of pudence such has been rarely heard So
the DAYS ofJcreys The exclusion of Mr. Twomiey was
resorted to solely TO give the Tammany Democracy TIC
organization OF the Assembly and Mr. Carey, nc con-
tinues to occupy seat, will hold it only by reason OF
the necessity which the Democracy suppose thcnsoN
to be under of preserving their predominance.
In order to give Mr. Carey majority 1t was necessary
to exclude tho entire vote of two Republican eieco
districts viz: the XXth District OF the Nlnth war;
and the XvIIIth District OF the Sixteenth ward. NO
foud was proyen or even alleged in either district Inc
pretext for DISTINGUISHING the Ninth Ward district when
gave Mr. Twombly CT majority was that Two OF inc III
spectors went out before the canvass was nnsneo' anu
that this going out amounted to an an)our"ens
of the body of three inspectors ana TWO pom
clerks who engaged in counting the Votes
Tho statutes provide that the inspectors, ai'er
the closing OF the polls shall proceed
adjournment TO count the votes. IL shown That inc
canvass in this district lasted from In the afternoon 10
In the morning. that the absence OF the two inspectors
was only only for period OF five to eight minutes ana
was matter OF necessity that their momentary with
drawal was not adjournment OF the body Of inspect
ors and poll clerks in the meaning OF the
statute, and that during this absence tho box
containing the ballots for Assemblyman was
sealed up and in charge Of the remaining Democratic
inspector the poll clerks The simplicity ana direct
ness facts have been patent TO every Demo
crat who heard them stated and 1t is difficult TO believe
that all sense Of honor justice, and fair play has been
rooted out Of tho breast Of every man OF tho % Demo
Gratis OF the Assembly. II any vesges OF these QUALITIES
remain In the bosoms OF any OF the members from
Cbemuug Clinton or Cortland. Mr.. Twombley VIII get
the seat which rightfuly belongs to him.
The argument with regard to the Eighteenth Diarict
OF the Sixteenth Ward is not less clear, either In law or
equity This district gave Mr.. Twonbly 20 MAJORITY IL
ia disfranchised because Mr.. Terhune, United States
Supervisor of Elections assisted on the invitation OF MI
sanches, Democratic Inspector, in counting the aggre
cate number OF votes This before the uckts were
unroed In this case fraud was proved alleged or
even presumed. The statute provides that person,
other than an Inspector who shall take part In counting
the votes, may be tiled for misdemeanor, Dut
says nothing which can justify the County Can
vassers in making the election void. Mr. Twomby does
not question the official canvass Of the other election
districts admits that in those Mr. Carey has 50 ma
iority Mr. TwOmby simply Insists that the two remain
ing election districts shall be added which, having gwen
him 81 majority would make his majority In the whole
district 49, These the facts and all the facts IN ths
most extraordinary attempt to retain political power In
defiance of the popular will Infamous at Is the action
of the Assembly, and Of the Committee on Privileges
and Elections will be still more INFAMOUS
IL the outrage is contaminated, and IT can
be contaminated only by the vote OF every Democrat In
the Assembly To show beyond question how barefaced
is the rascality which like Mr.. Randall OF Cortland
al In
their votes the argument Of Mr. Fields is annexed IL
contains all that n shrewd lawyer, untrammeed by any
sense OF decency could invent in favor OF Mr. Carey
Mr.. Fields said:
at wish to call the attention Of the Committee to the
fact that il addicatng the rst which has arisen
under statute OF 1870 which has been referred TO
ard also wish to call the attention. OF the Conmttee to
the fact that that special statute referring solely
and simply elections held in the city and county OF
York. Now Sir. there must have been some reason
why that special statute enacted and the reason
unquestonably that there had been complaints OF
the looseness of the manner IL which elections l,ns
that no more such license should he given
to any persons whether inspectors or not. IL Is
speia law enacted for special purpose and IL Is inc
duty this Committee TO construe that law according
to the intent and purpose OF the t %en
r Stowar has referred to, OF the people against COOK
has application Whatever to the case peiorS tne con-
which Mr. Twomby claims to be Untitled 10 seat
conducted according 70 the provisions and require
have no right to c0nstrue that law Al to give MT.
Twomby the benefit OF any violation lon OF t now mr.
notice that my friends have avoided with care, calling
some remarkabIe facts You will see that In the XXth
District OF the Ninth Ward Mr. Hepburn, who Is shown
in the evidence to be shc Fo4Ss wsat majority
Mt. Twombly had received In that distrct why "d 10
fTho testimony to which Mr. Field thus darby refers
was taken, II anywhere, by the subCSmmttee or the
lie knew what transactions had taken place in the
XyIIth District Of the sixteenth ward ne knew tat
Terhune had called in there. and that by changing
Carey ballots for Twombly. there would be certain
number Of votes for Twomby wrongly injected into mat
sixteenth Ward to see whether the count there
was sufficient to elect Twombly with the result
Of the Ninth Ward Now sir, theao is peculiarly in
this ease which has never before arisen IN any ION
Legislature any Court OF Jutiee You viii see that
ras a was between cs and ia o'clock before the AS
sembly tickets all counted. Why. Sir In Manhattan
where we rural in habits and education, and
in our way OF doing business, where we
more slow and sad than the impetuous citizens who
was counted before $3.50 o'clock You may take any man
familiar s 1 ay ne BEEN an
nature not to get through their before
another popularity In regard to this canvass in the
XVIIIth district of the Sixteenth Ward Here was T"r
all day overlooking the eanyass. He not called to
take part in the counting of the vote, to DO which
he ne S Sad sny any anu Authority he
took no in how BSt he sHsS
announced. why then Tcrhune was ready, and, ike 9
nimble fingered Jack, made out such result would
be sufficient with the performances OF tho Twentieth
District Of the Ninth Ward to secure the election of Mr.
Twombly.
Sir it has been well said that the mind of juryman
when he into the jurybox. should DO like piece Of
white paper without mark stain; that it should be
without prejudice prepOssession. Sir, the title and
certificate by which a claims a seat In any legisla
tive body state National, should be without stain
blemish, and Mr.. Twombly and his counsel come here
where according to his own showing this claim
said wise thing last Monday. 1t said al 1t desired In
any election was fair count. All desire In any cleo
ton Is fair count and want the Inspectors Of Election
to make the any of your Terhunes, who came