New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1874-06-26

statutes under which the Defendants Indicted.
the law paohibited Mr.. Gardner was then Withdrawn
from he witness stand and recess was taken. ,
stand He the regisirlr OF voters IN
the XXIII eetion District OF the XVlllto Assembly
Dsirtct. He shown the registry book, and az the
house No. East Thirty -seccndst. there was John
sheridan. registered Oct 10. and John c. sheri-
dan, who registered ON Oct. "a. The witness dentnei
John Sheridan h3vng registered in his district He
registered onder the name OF Jonn Sheridan and when
ms attention was called 10 the fact that there was
another John SHERIDAN IN the same house, ne SAID mat
se was christened John Charles
To Mr.. FellowS-That was the John Sheridan VINO was
appointed election inspector and served Tor four days.
be showed me his certificate OF appointment NV,
Mr.. Hasbrook recalled, and asked by MI Han ~
Chief of the Bureau Of Elections had Informed
John Sheridan Of his appointment TINS question , was
out Mr.. sheridan was PLACED on The stand once more
and asaed by the defense ne would produce the cer,
deate of appointment to which he replied that lac could
that they had nothing else 10 offer, but wished the
court 10 strike out the evidence given Dy
ordered BY the eonrt: Ex-Mavor Hall then
name several requests to be CHARGED by the Court TO
read several propositions of law.
Thsre was no summing up either side. and Judge
Bady immediately began his charge 10 lhe july az oi
lows:
CHARGE OF JUDGE BRADY.
The question which you dispose OF in his case
is of public interest 1t ought not to have in your
consideration of any political aspect mean by that
any aspect relating exclusively either TO one OF the
other of the this county Of this state or TO
any one OF the numerous parties in the city. II .is
simply a question arising upon an alleged vio-
lation Of law, aud the question, OF course,
is whether the defendants are guilty or the
act charged in the Indictment The Legislature have
thought t and doubtless II is wise provision to draw
around the elective franchise all the safe guards
sary protect citizen in the exercise of that right
II right that that should be done. because that
printed piece OF paper deposited in the baotbox Is in
Tact I'M this country government. 1t is the mode by
vi ien 10 zsue Xs IL
who shall discharge the duties OF a pujlic once
who shall he his raler. II You please, or MS
Judge Therefore, 10 is perhaps the most important OF
all rights enjoyed BY the citizens VI ths country
ana being 80 important 1t il equally important that
should be guarded by every design and strltagem which
tb ar SiSer,sd or destroyrd so that iIs eficIeney
may be felt matter what the character OF the
election. or how comparatively little might ne the con
the ballot. That very high object. ana hence
various provisions OF law In reference To H. ana hence
this raute OF 1872 II has created IN some respects
order of things. The Ponce Commissioners were
authorized under the OF this act 10 appoint
inspectors of certain qualifications. and they
the rlgnt under certain contingencies 10 remove them
There contingencies which justified thr removal OF
the Inspectors with notice. there contingencies
which would Justify their removal without notice and
the presented for your consideration Is one o. the
latter character.
The charge is that John Sheridan. who duly
pointed inspector OF election, removed by the
defendants Illegally after he had entered upon the
torrance Of duties Inspector. You have heard
the discussions In reference TO he formula that should
adopted of it, that when Inspector is
upon the day OF election, aud IS sought to DC re-
moved, IT can only be done doue after notice has
Incuy the causes which prompted ms REMOVAL
ana 1t Is for 10 say whether the john Sheridan
named in the Indictment was appointed aud removed in
the manner Indicated which is that a John sheridan
appointed and removed removed, not upon one OF
tie days have set forth. and without notice e. him
staung the cause OF removal lou nave before you ior
purpose OF establishing these allegations state
sheridan VINO was upon the stand was the
person whose name was on the paper he handed
John sheridan Intended 70 be appointed You have the
testimony that he entered upon the discharge OF his
advised OF ms removal or course, ia all criminal
eases ofense must be made out beyond all reason
Which you has listened Sufficiently satisfactory TO
your minds 10 snow whether these several acts
were committed By the defendants, namely, the APP
pontment OF John Sheridan inspector, and his reno
val without the notice required by the statute You
will mind 10 considering it that there is no con-
evidence on the subject understand the
nevertheless you have the right to say whether
the evidence is sufficient TO establish the allegations or
indictment Ii you think the evidence Is true aud as
10 that bearing III mind tDat IL Is your
duty md the defendants guilty II you believe it
unworthy OF credbiiity, you will come to the opposite
conclusion II is also my dhty 10 charge You that II
you have reasonable doubt OF the guilt OF the ac-
cused they are emitted 10 the benefit OF IT but II must
not be doubt arising from symDathy. III must ne
doubt sprugiDg legltlnaely from lar consideration
of the evidence think II unnecessary, gentIemen Tor
me 10 say anything further IN the case
THE VERDICT.
As soon az the charge the jury retired and
we're absent threequarters Of an hour When they
returned they stepped quickly 10 their seats and the
foreman in answer 20 the formula OF Mr.. Sparks
announced promptly: Guilty J" The instant it came
the novel spectacle witnessed OF re-
spectacle audience cheering the downfall OF
two mighty Police COmmisslo9ers who had been ap-
pointed especially TO guard their interests The pentup
feelings OF spectators generally 70 say nothing OF
the TamlnaDy men present. who we're, perhaps. moro
strongly moved than any OF the others DGrst forth IN
loud and simultaneous cheer OF enthusiasm and gratif
catola cheer quickly smOthered by the Court officers
who were well prepared for the demonstration.
Mr.. Charlick was, as before stated. absent from
the room, although II said by some that he was
waiting conveniently In more comfortable atmosphere
TO hear of his trial Mr. Gardner received nat
uIally, the fu glance OF all He seen 10 flush a
little, and his hand rapidly through the long Wsk-
ers that covered his throat and breast. These
that we're visible, II 50 common habit
with the Commissioner the latter trifng action
lie so considered A casual glance at John Kelly The
moment after verdict aud the succeeding
heard disclosed a satisfied smile. which was permitted
~ wreathe the mouth into peasanter shape for a
moment, and then the features more relapsed into
Inmobility and he would have been thought now The
most Indifferent man in the court room.
Ex Mayor Ha broke the slleDce-Or rather the noise
after the cheer the crowd settled down
into steady hum of underiODes AMI wnlspers-by
making application that the defendants bs admitted
pending motion IN arrest or judgment the Court
time OF hearing the application for this morn
ing at II o'clock. Mr.. Hail then moved that the
time fixed for the trial OF the defendants
that il would time enough TO nx the day for rhe
other trials when Judgment was pronounced III this
ana the Court ruled. Mr. Hall then stated that
lie wished 10 ask for time II the motion decided ad
versely to them this morning. he desired time 10
draw up and present bill of exceptions n the
The Court then adjourned until this morning.
THE JNDICTMENTc AND PFNAI.TI