The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-27
THE klLlAN.vREAR ELECTION CONTEST.

Close Of the observation-disclosures Up the
Evidence--Argument by Messrs. Waterbury
md JOuliRe.
The Committee on Privileges and Elections
held their last session yesterday. at the Fifth Ave-
nue. Hotel, In the contested election case Of Kilian
against Frear. Messrs. Strahap, TwOmbIy, d. b.
Hill and Marcy being present Messrs waterbury,
Green and Dessar appeared to represent MIR. Frear.
ana Messrs. JoulifYe ana Lapaugh represented Mr..
Kilian who was not personally present The printed
testimony Of 331 pages was placed in the hands of
the committee. At q quarter before twelve Judge
Waterbury, who has been indisp0sed
for some days. commenced 10 sum up
the case for his Client and made an
able argument, covering three and half hours,
IN which he dissected the evidence, which he
declared IN not single instance had shown fraud
on the part Of the sitting member, while the evi.
dence clearly showed TINS TO be the boldest Of
an attempt TO unseat a member. He referred to the
fact that no frauds were clalmed to have been per-
perdted IN any OF the districts except tue Twenty
nth, where the complainant had sworn persons to
prove that he was entitled to ninety.eignt votes
where he only received sixty IN the final canvass.
The counsel admitted that the evidence Justified the
assumption mat or the ninety-eight who testified
that they voted 10 the district for Ktlian fOrysiX
actually did so vote; but the evidence Of the otner
that in his opinion no unbiased committee could
admit 1t as proof tnat they voted for the claimant.
The counsel tnen read from the Official testimony
such Witnesses evidence wherein many swore they
voted for the reform ticket but they did not know
whose name was Oh II for Assembly; a number who
swore that they voted for K,lian, but ON cross-eX-
ANIMATION admitted they were not positive OF It,
and some VINO swore they voted for Frear. He ex-
planned the fact that eighty atlldavts were secured
In The district from persons SAID to have voted Tor
Kilian, by the theory that Frears name run out
or the reform boxes and many voted the reform
ticket under the impression that they had KHAN
name upon them. AS proof OF this theory he In
stanccd the evidence OF carroll and Others
who swore they ran Frears name out
makers OF the afiidaviJs vote for Frear Counsel
claimed that as the three inspectors of the district
and the two watchers swOre that but sixty votes
were pOlled In the district Tor Klllan 1t was very
certain that those VINO made the ailidavits were
mistaken. He made strong point on the evidence
OF Inspector Barker, republican and personal
enemy OF Frear, VINO positively swore that Klan
Committee could scarcely accept Of the idea that
the nve gentlemen who were inspectors and
watchers had perJured themselves and the makers
had spoken the ruth. These officers had no
incentive TO perjury. and the discrepancy
IN the vote could only be accounted
for on the hypothesis that OF those who testi-
fed that they had voted Tor KHAN had done so
cult he thought, for the Committee TO secure from
the ffty.tw0 whose evidence he cassed as doubtful
fourteen, to swell Mr.. killans sixty In the
district Mr.. WaterDury's argument was very
able one, and seemed 10 have considerable weight
with the Committee.
Mr. JouIiffe for the claimant, after recess, sum.
med up the evidence. and read cOpiOus extracts
in their votes should be counted, ana that MIR. KHAN
was legally elected The Committee rose about six
O'Clock, and 1t is expected that they VIII make their
report IN lew days.