The New York herald., 1873-11-18
The Committee ON Protests.


very large number Of spectators appeared ip
the Committee oil Protests which met at noon.
Messrs. Fellows and Wingate appeared as counsel
for the Tammany contestants, and John Kelly took
a seat by them. john !. Davenport and Assistant
Attorney Bliss appeared for the republicans. All
the protests were read and time set for the hearing
in each case
Messrs. Fellows and Wingate presented argu.
ment against the counting out OF Martin Kacht-
man as Assemblymen OF the Eighth Assembly
district, and asserted 'tnat they have afidavts
Eleventh Election districts, largely in ex.
cess OF the number Of votes counted III
winch they swore that they voted 1or Mr.. Nacht-
man. Counsel cited the case OF Crary against
Twomley as precedent for the County Canvasscrs
to take cognizance OF the alleged frauds Counsel
stated the substance oi the aidavits, as follows:
In the Second Election district watcher, Mr..
Folk, swears that he handed his papers To the in
spectors and was ordered out; that i'm one dis
trct after the canvass the ballots were put in the
stove that In the Fith district the votes OF Scher
man we're not counted at all tnat in the Eighth
spectors would not ret the public see the tickets
counted, and that the watcher was ordered to
leave, and was threatened with arrest; that
votes for democratic candidates were thrown
upon the n0or by Inspector Lewis, and that
the whole count was fraud; that In the Ninth
district the watcher was ordered out ana was ar
rested by police officer at the request Oi the
Inspectors; that J. ]. O'Brien came in and in
srilcted the inspectors TO expel the watcher, who
was again arrested by sergeant and discharged
by the captain. lie returned when the inspectors
refused to proceed until he had been again ex-
peed by the police. The counsel stated that they
have ailidavits showing Al votes for Nachtman.
whereas only 35 were counted. The afidavits
prove repeating in the Fifth, Seventh and Eighth
districts, and indeed In all the districts OF
the Assembly district; tnat gang OF
repeaters met IN Grand street saloon
and divided money; that one inspector, Coucn, OF
the Filth Election district threw democratic tick
cts on the 1oor other equally explicit charges
were made In the anda Wits, which show that IN the
Ninth district where 80 votes were returned, ~
voted Tor Nachtman; IN the Eleventh, where "a
were counted, he got IL, and In the sixth, where
~ were counted he received Al
John !. Davenport and George Bliss appeared
az counsei Tor Mr. Scherman and objected 10 tho
committee taking cognzince OF the alleged frauds.
Mr. Bliss cited the opinion OF the Corporation
Counsel In 1865 III the case oI Judge
McCuEn. He read the opinion OF corporation
Counsel Bronson, that the Board mas no
right TO receive cXtraneOus evidence OUTSIDE oi
the returns, and that the canvasscrs must conhne
themselves to the returns oil tue usuiCt cahVdss-
ers In considering clerical errors. 80
In the case OF Charles Reilly vs. John Ryan Tor
the scat In the Assembly for the Fourth district,
Mr.. Nelson J. Waterbury appeared iOr the con-
tcstan charging that there was no registry IN the
Third ana Eleventh Election ulstrlcts, az the oath
WAS not administered TO voters registered aS
electors Counsel for Tammany denied that the
voters OF the district can be dislranchlsed by the
faure or the inspectors to comply with the law.
As the counsel for Pinckney W.. Moore did not
press the protest it was passed over, and the com
inittee TOOK recess until two O'Clock to-day.
The committee Will not decide the points raised
in any case until the conclusion Of the arguments