The New York herald., 1872-10-08

affidavit. It had a very suspicious look, and, to
speak the truth, the whole thing was gotten up,
cal purposes without any idea that any OFFENCE could
be made out. Mr. Morris said he understood
Penitentiary for perpetrating frauds upon the bal
lot boxes In that district while an inspector, had
made az aldayt setting forth among ady,s etass ms
true. Counsel alluded to the evidence on Wei
d0n's trial, and said that Weldon then swore there
was entirely innocent Of the whole transaction.
He did not even know why there was glass on
two sides OF the boxes; didn't know w1as
spector two or three times before, and an
active ward politician for ten years; ne now
came forward with his aflidavit and swore that ne
was innocent OF the whole transaction. MIR. MOTIFS
said 1t was not necessary for him to say anything
Counsel was that McKenna's aiidavit charges no
onence against these defendants whatever. AS
Stunning 1t to be true there was no onence chargeu.
Suppose there were ballots In the boxes, what
evidence was it, Under what law would these
defendants be indictedf Suppose these boxes had
been sent there with the ballots OF the previous
election for alter canvass or the vote they some
tb 'as o ase ese se boxes stunned
iu Of ballots for joke and delivered them to the
inspectors. What evidence would that be ABOUT
as much II would be II you stuffed yeur shoes IN
the boxes. Mr.. Morris submitted that there was
nothing at all In the complaint
Mr.. Britton asked that tho case be postponed
until week from Saturday, and in the meantime
the search Tor McKenna would be continued.
Judge Nelson observed tnat the OHcnce, IN
large degree, would depend on the motive.
Mr.. Morris submitted that there might be any
motive and no offence would be made out because
the boxes were not ballot boxes until the day Of
election. II was
PERFECTLY ABSURD
to say that Il Is an offence II citizens put 500 ballots
In glass ballot box, which 1t Is the duty OF the
inspectors to examine under the law before the
vote Is TAKEN and see that the box Is locked up and
In proper condition.
Mr.. Brtton inquired what II the inspectors were
parties to the fraud
THE COURT POsTPONING THE CASE.
Judge Neilson-My attention has not been called
to this question now presented, and oil course l
have no knowledge OF any motive laying at the
foundation OF this complaint l can only SAy That
these papers were presented by respectable
member OF the Bar OF New York, who desired to be
heard on q motion to correct the record, upon
which record 1t appeared that this man CWeldonl
was deemed guilty. AS the case had been tried
before Judge McCue was obliged to say would .
submit the papers to him, and did so. didn,
| sympathiZe with the object OF the motion or see
the propriety OF It. AS 1t stands is very desirable
| to all parties that this matter should be inquired
into, and with as little delay as possible am In
| clned to think an adjournment until Saturday Il
reasonable. Therefore will give you, II IT satisfies
| counsel until twelve O'Clock next Saturday.
All parties then retired, District Attorney Brittol
| remarking as he went that he would give 800 u
| the man VINO produced Mckenna.