New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1872-01-01
THE COURTS.
THE RR00KLYN ELECTION FRAUDs.

FENCED BY JUDGE MCUE.
The City Court of Brooklyn was thrOnged
with politicians Saturday morning, Judge McCde
having announced that he would pronounce sentence
upon the persons convicted Of repeating and balobox
stufng the recent election. DstrctAttOrncy Morris
moved for sentence in the case Of John Kenny.
Judge McCuc-wcll, Kenny, have You ANYTHING to sayi
kenny don't know, Your Honor, mat nave, eNotP
that the evidence against me on my trial was all laise
am perfectly innocent Of the whole thing -.
Judge McCue-I am sorry 10 hear you say that, Kenny
For my part do not see that the jury could have brought
IN any other verdict and You only do wrong again When
you deny yOur guilt regret exceedingly that young
with coOd business and fair prospects should nave
law not vndicve 1t Is 90 reform and 10 deter Others
by the infection of the penalty ron lhe coni h o
crime through iear Of mcurrhS tne SANE ne shUSs
penalty which the law allows - 500 me ann SIX months
imprisonment Tho sentence OF the Court is that you DC
imprisoned m tine Pcntcntiary for four months.
Thomas McGif and Michael J. Weldon, the sixth Nard
Inspectors and CanyaSseTs, were tncn arraigned
Mr. Barnard-If the Court please the ccnnSe l9r me
defendants wish to make out bill OF exceptions ana pre-
pare writ Of error, and they have been informed by the
Stcnographs that IL will he impossible to furnish them
the testimony the until Wednesday or THURSDAY
case worthy Of grave consideration the adinssiOty OF
the poll lists in evidence the challenge TO the jury and
were Brought in. The first time the jury.
IN they found McGif guilty as charged in the
negligence in the exercise Of their duties rs Inspectors
40 not agree with Mr. Spencer III his opinion that
was tanamOuut 70 verdict of not guilty as to the two
latter, bui the second verdict do mink was SO. Inns
and STANLEY and Weldon guilty OF counting 800 fraudu
lent votes We ASK therefore that your Honor should
postpone this un'l next saturday We can then
Ircpar our III of exceptions and writ of error and apply
% Judge Of the Supreme Court Tor stay OF proceeu-
District Attorney Morris There are two reasons why
this should he disposed Of today the term enus 10
day; this is the last day ON which the court can pro
nounce sentence Aud again, before they can review
judgment must be pronounced. TIM, appncatGGtn,,
II your Honor please, Is lneIey 1l apSSUo WIZ -
the whole conduct of the defense heretofore IL
Is not nl a9S f GS defense l.! every trick and
subterfuC known o. the law TO prevent TIE PRISONERS
Judge McCue said that he had doubt that the appli-
cation made in good faith, but after having gwen
The subject careful consideration he was satisfied tat no
substantial reason had been assigned Tor suspension Oh
sentence.
The prisoners were then placed at the bar, and Judge
McCuc in passing sentence, said
You have been tried by jury Of your own selection.
upon charge Of having cOTruptY placed in the ballot
box 500 votes NJ the Election DlsIct Where you "eI9
acting Inspectors OF Election Thls was the second
trial the hSi resulted IN no ieruct athoush II va
well known that large majority Of the jurors were III
favor OF your conviction. Notwithstanding the fact that
You nave asserted your 40 U . oT ,by ala
jury could have come to any othSI decision tnan lhey ~
II may bc that there are other parties more guilty
men', or it may be that you, from a mis-
upon yourselves the whole burden of this prosecution
can however only deal with the facts You tried
upon this charge and convicted by jury after counsel
had exhausted effort to secure your acqttal ana
do not reason to prevent the Court passing
sentence You both intelligent men, and must know
the serious of the or me of which you have Deen
convicted. man who takes away your propefg GlS
care OH your part will remedy. But the man
Who fI@nducnty deprveS you Gl your re com
luuuity neither life, liberty, nor property VIII
he safe The law permits TO order your imprisOn-
ment for one year and impose fine Of $780, and as
said before although there may be others WHO were te
inStgaors this fraud, but Notwithstanding that FACT
you there officially "a inspectors, ana you must
therefore be held responsible for the acts you there com
mitigating circumstances perhaps they took into con
sderatOn the fact that for half an hour after the open
ing Of the polls, you were NOT present. ana proDaD lS
thought that II during that time that tle
fraud s committed crty seems To1 were e9uay So
but II is still proper FOR me 10 give some
weight to the recommendations o. the jury The SEN
tcnce which the Court proposes TO impose upon you may
he deemed one, but think upon reelection you
severe as FAR as yon are concerned butt it accOmpshes
the result and tends to preserve the purity or the baO
omit imposing pecunary part of the penalty out of
consideration for Your family as TO you McG the SEN
tence Of the Court that you be Imprisoned IN the Penl
tantarv for six months; and 10 YOU Weldon the sen
Of Court is that be imprisoned in the Peni-
Jacob worth md Edward II. Ferrere were then called
up and the srictAoney moved for sentence IN t1elr
cJscs Gen Isaac :. Catln and George q. Reynolds,
Uo'i o Addressed the Court presenting the following
points, J. That the indictment was only for>Fssaut ana
battery That the Court enormously held that lheIe
were two ornses If there were two 0onses charged IN
the Indictment it was bad for dupll9ity; IL per per
uitted one defendant to be convicted TOT assam w
9qd @a''f laws anu g. The Court erred hold
ing that the resolution OF the Common S0ucn 40 40 law
an appointmen Of inspector IN WIluhg as tne Jaw
CnptenIates T. II was not brought airmativey 10 the
defendants thai Barter ntu "lPOii'U
Ly tbe Common Council. g. The Court erred III nGt al
lowing evidence OF good faith on the part OF
{. The Court erred IN eoIhV'lns o'lU'N'' Vi eO
the Court held that IL Terriere guilty OF assault
and battery Worth also ana there as no reason
whv that case should take different course from that
taken in the other cases In passing sentence Judge
NcCue said: $1,000. ,-,... $3.50,
You have been indicted and convicted for having com
fed an assault ard battery upon an Inspector OF Eec-
on need not to you tho necessity thet6 Is 70
have elections conducted purely far as the voting Is
conceTnrd 6nt also Of having them conducted quietly
and with all possible decOrum. You know az wen az l
all citizens ought 10 take nuViduhl
Interests in such things, ought 10 be politicians 70 the
extent that we understand our rights. You know
"a well as any one, that II has become custom
among us for the people TO be almost deprived OF
tbcir rights and for elections to be owned by men,
You know as well all OF us know that IL mas GOT 10
be so that wards and districts are almost owned Oy IN
dlviduala Such runs TINS district sucn
man runs that district" and the people have really no
a. any fraud have been committed there Is no eV
dence before the Court and do not say OF ha
right to under the testimony OIlne
case and general intelligence tDat you knew
perfectly well il was improper 10 prevent Mr: Barter
from acting as Inspector Of Election. and that under
anv circumstances the appointment OF MI StarKe was
entirely improper and invalid. The jury have passed
upon the question Of guilt so Tar as the assault anu
concerned. / do not believe tnat lmprlsOh-
,ucut should imposed The object OF the law 10 not
which will prevent any Violation Of law In FUTURE the
sentence Court will be YOU, and each OF YOU
pay a fine Of $500 and that you stand committed TO the
touny Jail until It IS paid, not exceeding % days
room The other prisoners removed to the County
Penitentiary.
.wRs fx4r