The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-12-31
TIE BROOKLYB ELECTIUH FRAUDS.
Judge McCue's New Years
Action.
Fined S200-Motions for Arrest Of
Judgment Denied.

with the vote canvass al the last election were
IN The Oyer and Terminer OF the Brooklyn City
Court to receive their sentences. The court room
Nas crowded with the friends OF the parties.
SENTENCE OF JOHN KENNY.
District Attorney MoRRIs-I move now for SEN
Hence IN the case OF John Kenny.
Kenny was brought forward 10 the bar.
p. READY, counsel for Kenny, stepped up
and said that he had already presented aridavts
70 Kenny's previous reputation with the Court and
he would now leave the matter there.
Kenny was convicted for repeating in the Fifth
district OF the Fourth ward. Judge McCue thought
she jury could not nave returned any other verdict
than mat OF guilty, and sentenced him to four
months in the Penitenliary
SENTENCE OF M'GIFF AND WELDON
District Attorney NORRIS move for sentence
In the case OF Thomas McGir and Michael J. Weldon.
d. r. BARNARD-If the Court please the counsel
for the defendants Wish to make out bnI OF excep.
tons and prepare a writ or error, and they have
been informed by the stenographer that it will be
impossible TO furnish them the testimony In the
case until Wednesday or Thursday. There are sew
eral exceptions and several matters In their case
worthy OF grave consideration the admlssipiiity OF
the poll lists III evidence. the challenge to the array
and the manner and form in which the yerdicts
were brought in. The first time the jury came In
they 1ound McG1n guilty as charged In the lndicl-
ment ana Stanley and Weldon guilty OF gross neg
ngence IN the exercise OF their duties inspectors
do not agree with Mr. spencer IN his opinion that
II was tantamount 10 verdict OF not guilty TO
the two latter. but the second verdict DO think
was So ms verdict was-McGifr guilty as charged
In the Indictment, and Stanley and Weldon guilty
OF counting 500 fraudulent votes. We ask, there
sO-e your Honor should postpone this sentence
until next Saturday. we can then prepare our blll
Of exceptions and writ OF error and apply to a
Judge OF the Supreme Court Tor stay OF proceed
lngs
District Attorney MoRRrs-Tbere are Two reasons
why THIS case should be disposed of to-day. The
fn.In no ic tllA dow on nh
Court can pronounce sentence. And again, before
they eau review Judgment must be pronounced.
This application, II Your Honor please, Is merely OF
piece win the whole conduct OF the defence mere
toiore. II Is not made In good lath Tney say that
1t Is the intention OF the defence by every trick and
Buberuge known TO the law prevent the prisoners
from beng punished at all.
MIR. Observation-Disclosures can be pronounced by
ihe Court at any Tune They might be remanded
now, that the Court might obtain information, and
be brought up again In a week or month or at any
time The Court IS not obliged to sentence them to-
DAY. IL may sentence them when II gets ready.
After some further argument the Judge said he
had carefully considered the case and would deny
The motion. In passing sentence he said:--You
have been tried by a jury OF your own selection
upon charge OF having corruply placed i'll the
ballot box, and fraudulenty, 500 votes the cleo
ton district wnere you were acting as Inspectors OF
suited in no verdict. although it was well known
that large majority OF the jurors were
he ia asc ,Sa your
! do not see that the jury could have come
TO any other decision than they did. 1t may be
who have not had the manllness 10 av0w 1t and
save you IRON punishment; or it may be that YOU,
decided TO take upon yourselves the whole burden
OF this prosecution. l can, however only deal
WIN the facts. You were tried upon this charge and
convicted by jury after counsel had exhausted
every effort to secure your acqulttal and do not
pe and
Sne serious nature OF the crime OF which you
nave been convicted Al, man who takes
email Injury. which little labor and q
litte care on. your part VIII remedy. but
che man who fraudulently deprives You OF your
rights al the ballot box stamps upon the liberties OF
the community, and neither your life, liberty nor
property will be sale. The law permits me to order
your imprisonment for one wear and to impose q
hne Of $3.50; and, as SAID before, although there
may be Others who were the instiga.ors OF this
fraud. yet Notwithstanding that fact You there
Ociaiy, as inspectors, and you must therefore, be
In your case. Weldon, the jury seemed TO and mit.
eating circumstances. Perhaps they took into con-
Gderation the fact that Tor half an hour after
the opening Of the polls you were not present,
and probably they thought that 1t was dur
ing that Time that the fraud was committed. 1t
seems to that II they found one guilty, you were
equally So but 1t Is still proper Tor me to give some
weight to the recommendations Of the jury. The
you may be deemed a severe one, but / think, upon
reflection, you will find and acknowledge that
although 1t may be deemed severe, as far you
concerned, but If 1t accompanies the result and
tends TO preserve the purity OF The ballot box, 1t
wiz be but small Nj, sacrifice nr on your part: shall
out OF consideration for your family: as to you
McGin, the sentence OF the Court IS that you be i'm
prsoned in the Penitenlary Tor six months, and
10 you, Weldon, the sentence OF the Court Is that
You be imprisoned in the Penitentiary for iour
months.
The prisoners were then removed by an officer
APPLICATION FOR THE SENTENCE OF TERi'IERE AND
wOERTH.
District Attorney MoaRIs-I now move for SEN
tence on Edward H. Terrlere and JACOB Woerth.
l. 5. CATLN the counsel Tor these prisoners,
made a motion 10 arrest Judgment and addressed
che Court at considerable length reviewing the tes-
umony and adducing points IN support OF ms mo
tAp lf min uvs la oil lam Un
FIRST, that the Indictment was only for assault and
battery; second, that the Court enormously neld
that there were two offences. II there were TWO OF.
fences charged in the indictment IL was bad for du
plicity IL permitted one defendant to be nIictcd
Tor assault and battery anu another Tor violating the
election laws: third the Court erred in holding that
the resolution OF the Common Council was such an
appointment OF an inspector IN writing as tue law
contempiales; fourth, IL was NOT brought aiiirma-
lively TO the knowledge OF defendants that Barter
PAD been appointed By the Common Council; NTH.
tbe Court erred in not allowing evidence OF good
faith the part Of Ierriere: sXtn tie Court erred
In admitting evidence OF general fraud.
Ex-Judge REYNOLDS addressed the Court also at
considerable length IN support OF this motion ana
manly upOn the same points.
District Attorney MokEis asked what the motion
was Tor.
General oArrIx-For arrest OF Judgment y that
shouo he decided against them they intended 10
apply for posiponemcnt In order that they might
have time 10 file I'LL OF exceptions.
District Attorney NORRIS said tue testimony would
prove tnat facts alleged by counsel los defend
raent was for assault and battery but II was an
Gon being held there. Every one knew thai, and
knew wny Mr. Barter was thrown out The jury
rendered the only verdict they could have ren-
dered-a verdict OF guilty charged In the
indictment; aud there was no pretence that
Woerfu committed the assault, but lie ordered
n TO be committed ana SAID he would
take the responsibility; IL was Terriere who
committed the assault upon Barter, at tue
instgailon OF woerth and with those facts borne in
mind would be seen tnat the charge oil the Court
was perfectly proper one, and the verdict the only
one WHICH could be rendered. The getting stark
sworn IN on the morning OF The election proved that
IL was their intention prevent Barter from actng
IL was farce from the beginning, and, IN fact, the
whole election ia that district was farce
Judge REYNOLDS SAID stark had been sworn In by
Terriere and was therefore the inspector de JdctO
and whoever went there, either armed with a certl6
cate or not q dislurDcr OF the peace, and liable
10 he treated rs such.
The Court held that II Terricre was guilty or
aault and battery Woerth was also, and he saw no
reason why that case should take different course
from that taken ia other cases.
District Attorney M0RRIs-I move then that sen.
Ience be pronounced