The New York herald., 1871-02-01
THE STATE CAPITAL.
>~~~~~>~~>~~~~~~~~~>~
End Of the Contested Election
Case.
Carey Given the Seat Over
Twombly.
~~c~>~~~>~~~~~>~>>~~~~~~>~~
Sharp Maneuvring ON the Side
Of the Slim Majority.
Loss Tweed Directing Affairs in the
Lower House.

Loss Tweed Directing Affairs in the
Lower House.
ALBANY. Jan. 81, ls7l.
THE CARHYITwoMBLy CASE
got its nal quietus to-day In the Assembly and by
. vote Of 63 to 81 Mr.. Carey was made easier In
mind than he has been any day since Twomby gave
him that hard pull In the Ninth and Sixteenth
wards. The republicans hadn't the slightest idea
that the Committee on Privileges and Elec-
tons intended to make their report without
giving them some kind OF O notice before
hand; SO when Mr.. Murphy rose from his seat
this morning and handed the fatal document to the
CLERK the surprise Of the opposition be, to
stale phrase, more easily imagined than described.
The democrats, on the other hand, had been
''posted" the night previous, and the consequence
was that there was not vacant seat on their side
Of the house when the report was handed In with
the exception Of that usually occupied by
Mr.. Buckley Of Schoharie county, who got showed
up while "to hum" during the recess. Littlejohn
and Wade, who certainly would have been in their
seats had they known the battle was to have been
fought so soon, were not present Carey left his
seat during the reading OF the report and slowed
himself in some out tof-theway place, while Tom
Fields got 80 uneasy that he could not remain
quiet in his own seat and endeavored to look
calm and collected by changing about from almost
every vacant chair he could find not too far away
from hts own or course Tom was as much sur
prised as the republicans when the question OF
his clients right to seat In the House
was 80 suddenly sprung. Indeed, he looked
the perfect picture OF injured innocence.
The little game cock of Kings county twitted
hum with having laid the plans of the days battle
himself but he brushed back his hair from his FORE
head In fierce sort Of way, as though he felt very
much inclined to make q dinner OF the same cock
then ana there, and was only held back through
fear Of o bad fit OF indigestion.
At all events, the Clerk got through the reading of
the report without interruption, and then
THE FIGHT BEGAN.
The leaders Of the opposition who were on hand
waited impatiently for chance TO get or the
speeches they had so carefully prepared about the
case, but they were doomed TO disappolntmcnt.
The gag Of the previous question doomed the
sessenss to oblivion sny%
Of Sssa comttee the table and fenssr assr
ofered and pitched into the democrats for sprnglng
the question on the House. This brought Murphy to
Chamber in the M morning he was % not aware how the
House would stand as to numbers during the
T Tnen sskrsg had little then
motions now began to ny thick and fast, upon
which the republicans called the yeas and nays
every time. This sort Of tactics was annoying to
the majority. They consumed time and the proba.
ble sudden arrival of the absent republican mem.
bers was not pleasant to think about, particularly
TIE DEMOCRATS, RANDALL. WAS RATHER "UNcER-
The night previous, when he heard tnat the report
OF the committee, ninety y-nlne pages in extent was
to be sprung upon the House. ne aty stated that he
would not vote for it until he had had time to read
II and judge Of its merits; and there he sat during
the reading OF the report, 18th all his fellow demo-
ofu dnvfnv Nrho h0 hod ndn
to do. Taken altogether, the SITUATION was not
a very pleasant one although everybody on the ma
that defeat In the strife was impossible. The repub
licans knew this, too but they continued fibuster-
Voting, getting OF some very hard hits ABOUT the
report ana the Speaker. 'who was elected by
fraud to preside ever the House.n Good.
rich, In an especial manner distinguished himself
In this respect. Every motion he had to vote
on, while asking to be excused he was certain to
make dead set for the Speaker and the other side
of the House. 1t was in VAIN that he was ruled out
OF order. he managed By some artful dodge, to get
became SO vely that many OF the Senators left their
seats and Came down to the floor of the house.
THE "BOSSH
was the first to put in an appearance, followed by
two clerks whom he kept busy taking messages to
various members. He was evidently determined to
fore should not be spoiled BY some honest bungler
He looked in no wise :hurt when Alyord exclaimed
they to e III light Of dS
on the merits OF the case at issue and laughed as
heartily as the republicans dd when a., Decker IN ex
mis- case once ana that he considered
what was sass Tor the goose Is sass for the gander
However, to make long story short, the flbuster-
ing came to an end and the majority report OF the
committee which declares Carey duly elected, was
adopted by vote Of 90 to 81. The following Is
THE REPORT
referred petition Horao N TwomSiy 10 be admitted
o the seat held X John Carey Of the
@ sas Assembly, o 81 soany s ne ssy
Eighth NINTH Tenth Eleventh, Twelfth Thir.eenh cleo
sfa Sans
district held day Of Sovsmser, sRs issS
at which the petsner dsism0 csima y
M hs
ceved 10 Of which there was for blank and of which there
ss%: By h, said petition
candidate member Of A..smSy A'' 0D''
Of ss s Inter
taken and before committee protest tho Board q
d IL 81 sPs asa
~ q sss a ,se M
seenth ward and a. nineteen Inc oao,a cas-. for Horato
the Xsssb District admitted By an ns o
ss p M he e
and effect as the witnesses had been examined orally By
s NJ F ~s. By IN
BY the contestant and which be found page
ThereuPon suggested by the counsel for the sitting
member that the contestant having made the certificate o
the county his evidence, he bound by IT, and
that showed Its face that Carey elected the
tesn should be allowed produce evidence which
tradicted the record In himself This view fully
tanned 6y the Of Baker against Lewis Gregory
who held the certificate of econ from the Board Of County
Canvsssers Of Putnam county the representative of that
county, decided In 1857 when the Assembly largely
publican, that the ajority Of the Committee
Privilege. and Elections the production Of the returns Of
the Board Of County Canvasers allowed evidence be
gvcn but changed the returned the county
vasers and reported resolution admitting the contesant
who Of the politics the ajory Of the House
that Notwithstanding the sitting member offered 70
prove that four of the allowed by the committee of this
House for Baker had been counted for him election
| turns.
committee, desirous Of giving contestant In the
present the utmost lsude declined
suggested by the counsel for the sitting allowed
the contestant to produce such oral testimony
committee he desired.