New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1873-12-04
THE COURTS.
SINGULAR ELECTION CASES.
TECHNICAL VIOLATIONS OF THE LAW.

A case which has excited some interest in
legal and political circles tried in the Court OF oyer
and Terminer yesterday The accused, Denis Hogan a
vouug man. was indicted for violation of the 69th
zion of tho Election laws. in acting without authority
Inspector OF Elections in the XIIth Election District Of
the XIIth Assembly District The for the pTosecu-
ton was that Hogan without authority. took the oath
an the name OF VIM. Conklip ulyappointed inspector
and acted in his name place during the registry
up to midday on election day. when telegram
BY Mr. Hasbrouck from Police Headquarters nstruetng
Sergeant Randall that there imposition going
on AZ the booth where Hogan acting The Sergeant
asked the prisoner his name and he gave the name
"wm. Conkin," and produced his certificate. The
Sergeant him depositing tickets but thought from
the certificate 10 must he all right Subsequently he
rested Hogan, who then gave his true name. Two Of
other inspectors proved that they understood the
prisoner while acting with them to be Vim. Conklin.
the defense Col Fellows stated that though there
technical violation Of tho.ststue there was none
such the law contemplaes and that the facts were
these Conklin, after being appointed, found that he
eoud not act aud he requested Hogan to take his place
They consulted Broadway lawyer named David Rank,
who advised that a power Of attorney from COnkhn
would do and accordingly he drew 1t up, and 1t was
certified before notary and on the fath OF that sup
the morest tyro law should know that no authority
conveyed by that instrument and he thought that
defendant instead of Hogan. But Hogan imagined,
nnose9ty and IN so9d faith that he was duly ggaiea
wilful violation Of the law took place Under these
circumstances counsel asked the Court TO direct
scquttal. because the law would leave opcn to the
Court o., convection but TO send 10 state Prison man
who COMMITTEES no intentional mt ,i,S "a ofense..
not inspector receiving and depostug ballots. vo
lated It; fraudulent intent need be proved. The jury
convicted the prisoner. and Col. Fellows afterward
asked for stay, order 70 produce proofs and adavt
10 establish the prisoners innocence Judge Ingraham
then deferred sentence 10 Friday. Hogan's friends all
say he acJed in good faith, believing that lie was the
legal substitute for Conklin.
Henry Walters unnaturalraed Gerrian who acquired
a knowledge Of English while working as sailor
English ships trading TO this port and who fortnight
before the last election invested his savings in the lager
beer saloon. No. lO Chatham tried IN the Oyer
and Terminer Court yesterday for traudulentiy at
tempting vote IN the XIVtn ELECTION District, ia
Assembly District 1t appeared tat he presented bal
lots and gave the name of Franz Rensselaer, He
challenged and asked TO t1ke the oath, but refused,
aen g ng ,esrs al ed The prisoner TOOK the
Know "h ,3e pSper about, but it was his land
toru jim DoyF, who asked him TO 20 10 such mum
per, LAY 'hS ~" the table and say Frank Rens
sehaei; NJ 4ther Jim" Doyle, nor the officer who
maui nc arrest present, and the prisoner was ac-
quite :, to the great delight OF his friends.