The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1874-06-25
THE ELECTION FRAUD CASE.

meanor. M
On the opening OF the Oyer and Ternner yester-
day morning the Indictment against Oliver Char
lick and Hugh Gardner Police Commissioners, Tor
an alleged mlsdemeanor In violating the Election
law OF 1879, which had been set down BY Judge
Brady for trial, was at once taken up. The court
room was filed at an early hour, ana within the
bar was gathered fair representation OF the men
who work the political machine OF Manhattan
Island. Mr.. John Kelly, the Tammany CHIEF, was
present the representative OF the commit
tee OF citizens who have urged the prosecution.
Mr.. Charlick, who was too i'll to be IN attendance
the previous day, came In looking thin and pale,
as ne sat beside nis counsel ex-Mayor Hall. Mr..
Gardner. who, besides being one OF the persons In
dicsed aud a Police Commissioner, 10 President OF
the Republican General Committee, sat nearby ap-
parently little apprenensive to the result OF the
prosecution. Ex-Judge Fullerton and Upted
States Commissioner Jonn !. Davenport we're asso-
ciated with Mr.. Hall as counsel for the defence.
For the state appeared Assistant Attorney +. Fair
child, Mr.. J. B. Fellows and Mr. George w. Win
gate Mr.. Fafrchid moved the case and Mr.. Win
gate called the list Of the peoples witnesses Then
commenced the tedious empanelling OF the jury.
A large majority OF those called were absent. or
those who answered few were excused by
the Court for reasons; others were peremptorily
challenged by one or the other side. Two were
objected to because they did not know Coroner
Croker. Three or lOur hardly knew enough
English generally. One was dismissed by Judge
Brady because he did not know the meaning OF
the word animation" Mr.. Hall thought his pres
ence on the jury might be beneficial restraint
upon counsel, inducing the use Of simple Saxon
phrases in their addresses. Most OF the candi-
interest IN politics and belonged to no political
clubs or societies. Only few had read or hear
n N hrpo 1Nnsrf hA Nna and mil "A
init he was biased in regard to II. He considered
the defendants guilty and as he professed to have
learning It's details ID the jury box.
After two hours close work ana when Mr..
Sparks, the clerk, had nearly exhausted the names
sworn, as f0ll0ws:-Phillip B. Lowe, No. 437 East
119th street; Horace v siger No l26 y est Twenty
Thirty ninth street; dudley N. Mills No. ls9 Grand
street; Maurice Werner, No. els Broadway; Edward
No. 81 Wall street.; Charles k. sparks, No. Is East
Sixty-third street; Charles G. Chambers, No. 235
East sixty-second street; william B: WHITAKER,
No = Maiden lane, and Henry Blunt, No. o97
At the Completion Of the jury panel the Court
took recess for half an hour. On the expiration
OF that time the jury soon came in, and the
prisoners and counsel we're in their places.
OPENING THE CASE.
Mr.. wingate opened the case for the prosecu
tion, proposing to prove against the two Com
missiOners neinOns offences against the purity OF
the ballot box, initiating against the peace and
dignity Of the people and tending to destroy the
He cited the law giving to the Police Board the ap.
pointment OF election inspectors, and charged that
ercised By President Henry smith, now dece ased,
and the present defendants, while Commissioners
Russell and Duryee, whom he eulogised, were
pOwerless, being outvOted. Under this general
charge OF malfeasance he specified as charged in
the Indictment, that the Board, by the action or
moved from once as inspector OF election, on the
Sd November last John Sheridan, whom they had
before appointed as representative OF the demo
Mr.. Hall for the defence, admitted that the
Board OF Police Commissioners was constituted as
alleged, and that one John Sheridan was re-
moved.
Daniel d. Hasbrouck, Clerk OF the Bureau OF Elec-
tons In the Police Board, produced and proved the
appointment ana oatn o. once o. Jonn Sheridan 5a
ton district OF the Fig eenth Assembly district
on the Goth Of septemb18 and the appointment In
his stead OF Bernard Cunningham on the 30 OF No
vember. H3 ENacwf ME} "a
On DISCRIMINATION by Mr.. Davenport witness
police force, addressed to the appontees at their
residences.
examined by Mr.. Fellows. He lived at No. 40 East
Thirty second street; was appointed inspector Of
elections last tall took the oath OF ONCE before
Mr.. Hasbrouck and signed the record here pro-
duced; he served Jour days at the sessions Of the
Registry Board on election day he went to the
an inspector before; did not know Dr. Willard
Parker Wooster at that time. N
Crosse xamined by MI. Davenport-My name Is
John Henry Sheridan; 1 live on the second moor
John Charles Sheridan, my cousin, then lived ON
the third door was born in New York; am twen-
ty-seven years old; seldom use my middle name;
sometimes put in the a., as can write II hand
also John; he does not now live in the house, but
did for many years; usually open letters brought
where VIC know by the post mark that they are for
John G. Sheridan, who usually uses his middle
name; don't know on what day registered; my
brothers live also In the same house; cannot say II
registered same time they did; cannot say what
became OF the book OF registry kept; got pay
slx sa1 District courhaye Deem for Inree months
before that was IN the Tax Ofice three weeks,
under Mr.. Green; had been there before, near
Redirect-Had been Inspec or OF Elections before
sent In TO the Police Board by Coroner Croker;
John c. sheridan last fall acted as Supervisor OF
Elections under the United states law, oy an ap
with him TO the office, and afterwards san hinl
writing m second avenue.
Recross-cxamnation Feglstry books pro-
duced)-Witness pointed out certain entries
which looked ike his handwriting This name.
John G. sheridan, under the mead No. 40 East
Thirty street. looks like mine but did not
write ireland" after IL; know spencer klruy,
who also served on the Election Board with W.T.
about placing my name on me register as Johli
Charles Sheridan.
Mr. Hall addressed the jury on the case as pre-
scented Tor the people, characterzing II as strug-
gle Tor power between the various branches OF the
democratic party as represented BY Tammany and
Mozart Halls. He thought the indicted Police Com
mlssoncrs very innocent public spirited men,
sorely puzzled 10 keep step with the POLITICAL NOW
ing machine, aud striving hard to obey the law
and and screen the ballot box from such ''stusers
as he considered the witness John Sheridan. VINO
dropped his H. on convenient occasions. He pro-
posed TO show that the commissioners acted with
In the spirit if not up to the letter, OF the law in
nnt
counsel fortified his law by acknowledged au-
thority anu garnished his logic with abundant
scriptural illusions and quotations rom shake
speare aud Artemus Ward
THE JURY CAUTIONED. eMt
Judge Brady, before adl0urning the Court, adj
dressed the jury. He SAID that III view Of the I'M
porlance Of the case and, perhaps, the important
interests involved, ne rad been thinking whether
ne should permit the jury to go to their homes TOT
the night or keep them together in such place as
he might designate. Ills object would be TO pre-
vent them from being subjected 70 any outside In