The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1872-02-01
THE KILIAN-FREAR CONTEST.

Nlnety-two Votes Sworn in for Killan Where
He Was Given Sixty Only-His Total Ma
jority Twenty One-The Defence Hope 10
Impeach His Witnesses-An Adjournment
Until Monday.
The Committee ON Privileges and Election met at
the Sturtevant House yesterday, to take further
testimony In the contest between Frederick Kilian
ana Alexander Frear for the seat In the Assembly
for the Fourteenth district. The only members
present were Messrs. Strahan. Springsted and
Marcy. Alderman Alexander Wilder was called to
testify as TO propositions made by Frears
agents to induce K1lian TO drop the con.
test He stated that Mr.. Green, one Of
Frears counsel, had approached him with assur-
that Mr. Frear did desire to be put to the
trouble OF contest, and II Kian would abandon 1t
MIR. Frear would ut Albany vote In q manner salts
factory TO Wilder's party. Mr.. Kilian was called
and sworn to confirm these propositions. He
stated that gentleman, VINO claimed to represent
Mr. Frear, left his card at his office by messenger,
with q request to have him call at his office He
called as requested, when the agent SAID, ''Mr.
Frear feels very s0rry and wants you to withdraw"
Witness refused the ground that Frear had run In
the Tammany interest," ON another occasion the
agent called at witness once when his counsel, Mr.
Lapaugh, was present. and stated that If witness
would give up his claim Mr.. Frear would promise to
vote nothing but reform IN Albany, and he would
give that promise in writing. He further said that
Frear would be at Witness disposition at any time
for anything that witness might want, and he
would rather pay SIC, 900 to avoid the trouble or Y
contest before the committee. Previous to this Wit
ness counsel had informed hun that he lcounseD had
been offered money to induce Kilian to Withdraw ms
claim 10 the seat. Witness on everv occasion when
approached to abandon the prosecution positively
OF Frears counsel all the above evidence except
about ktllan'S interviews with Frear's agent was
stricken out. The evidence ala not snow that Mr..
Mr.. Switzerland. OF 451 Eighth avenue chal-
enger a. the Seventh district OF the Twentieth ward,
testified that he saw man on election day IN
charge Of the boxes; that the man had no official
status there, YET ne was receiving and deposltng
ballots In the boxes during the absence OF one OF
The inspectors, named Fitzpatrick. He also saw two
lawyers assist the inspectors in the canvass In open
Twenty nlnth street, testified that at the Eighth
district polling place, he not being an officer OF
ne IN no tine
temen testified that they voted IN the Twenty nth
%s % West r.
mus. s43 sixth avenTe y. ". Baker. III West
ERWIN Wam w. 49, West sfe
sixth street; b. G. Baker. 1ls West Thirty
Thirty ninth street; Henry Keyser lis West Thirty
seventh street; Henry Feather, 49S Seventh avenue
Timothy Murphy, 154 West 1hlrty-seventh street.
Mr. Murphy swore positively that he saw his son,
Thomas b. Murphy vote Tor kllian Mr.. Springfield,
ceeded to the houses OF Messrs Nathan W. Somers.
NO. $40 seventh avenue aud Ant0nie LecreZ OF
1897 broadway, who also sw0re that they vOed for
Kilian IN the Twenty-hith district. Robert Gibson
swOre that he voted an Assembly ticket which mad
upon II; but wouldn't swear he voted
for Kllian. So far In the 1nvestiea-
tiOn ninety persons have testified tnat
they voted for Kilian in the 1--WE y.nfth Election
district and the TACT that TWO others who could
attend voted for him was established by creditabe
witnesses, making ninety twO votes sworn In in q
district where KHAN was given but sixty votes on
the canvass. The result SO far shown will make the
votes Tor the candidates In the Assembly district
fOllOws:-
Kian, Off1cal Canvass 791
Kian's vote over W sworn in................. 80
Kiltan'S total vote. 1913
Frear'S vote, as canvassed ISIS
Less carried to Klllan's vote. .............. 10
-2,802
K1llan'S majority NEUTRALITY-SUSPICIOUS.. Il
Mr.. Frear's counsel claims that he will be able to
impeach the testimony or several OF these witnesses
and prove they voted for Frear. They instance Two
who were suspected oil being KHAN men VINO were
controlled by Frear's friends when they voted ard
seen 10 deposit ballots for MIN.
me committee adjourned until Monday, at one
O'Clock, when, by consent Of counsel, the evidence
OF Messrs. Montgomery, Foster and Palmer. Tor
whom the Assembly Will be asked to issue attach
ments, and Two others Will be TAKEN and the case
closed for Kilian.