The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1877-04-27
DAILEY'S BALLOTS.

WHO WAS LAWFULLY ELECTED SURROGATE OF
KINGS COUNTY?
The Supreme Court, Circuit, OF Kings county, Judge
Gilbert presiding, was crowded yesterday by polt-
clans and others who have leisure than business
TO witness the trial OF the warano sut brought by
Abram II. DALEY against Surrogate Walter L. Living
ston TO Gust the latter from ofco Mr.. Daley the
regular dcmocRtc candidate for the ONCE In question
last November, and Mr. Livingston was the republican
and dependent candidate Tor the position. The eec
ton OF tho latter conceded the Board OF County
Canvasscrs, who eavo him the certificate Of election
and having duly qualified. Mr.. Livingston fills the
position. In opening tho proceedings yesterday Judge
Gilbert ruled that tho recount be restricted to
tho districts referred to IN tho plcadngs and The bill OF
particulars As there wcro "only lao districts" re-
fercd TO- exJuagc Morris, of counsel for Livingston
said they would get through IN three months by work
ing hard The Court asked the counsel not TO take as
long MS they did in the Bccchcr iriaL Mcssrs N. H.
Clement John Law Benjamin q. Htchins, representa-.
tivcs Of the three local political divisions were then
appointed by tho Court TO count tho ballots in dispute
TnE TESTIMONY.
John Hart testified that no kept a porterhousc on
Throop avenue where an election was held The coun.
sci Tor piann held that the Tact oil keeping saloon
NJ polling place disraDchscd tho district but the
Court ruled to tho contrary rho witness sad sold
liquor on election day. Mrs Josephine Hornng
testified that the kitchen oil her husbands Iquor
saloon, corner Of HARRISON avenue ana Middleton
street, was used as polling place on election day
John X. Wilcs testified to having made diagram OF
the places named, anu that partitons used when
the election was hcd couldn't say whether hqucr
sold there
Cou nsel Tor the plaintiff claimed that his client was
cnucd 10 ballot ~ the Third district 81 the Eighth
ward which had been cast Tor ',Abram B Daley" In
the Fourth district VI the Fourteenth ward they
claimed n ballot when had been cast Tor .Pctcr Dat
lcy.n In tue SIKH district OF tpc Twentieth ward n
ballot had been cast tor Daley, which had been
accredited by the canyassrrs To HIM. abraham IA.
Daley" had received ballot IN the Third district,
Twenty .irs ward. which had not been gwen to Abram
II. Daley, the plalntn.
Ex.Judgo Morris, counsel Tor Surrogate Livingston,
proyoscd a laugh by the remark that he supposed ais
learned friends would claim Tor Fred Bell,
before they got through
Ouc vote Tor abraham H. Daiicy In the Fifth
district Twenty ward, also claimed Tor Abram
H. Daley ahd III tho First district. Twenty second
ward, a detective ballot Tor "a W. Daley" was dc.
maudcd the count Tor tho piaintin. In the First
DISTRICT Nineteenth ward, tho ngurcs 49, had been
changed J2s, and these had divided so MS TO
gIv6 Livingston 3J7 and Daley 2G3 On the specimen
ballot OF said district Daley Is returned as having
received 2d5, which shows discrepancy OF two. on
the returns OF the Second district, Nineteenth
ward, the whole number OF ballots cast Is
recorded 49, and these figures were
erased aud 72S substituted; they also were
scratched out and the original number was replaced
In that district the vote was divided on ass
Daley. 233; scattering, H. On tho specmon ballot II
stood Livingston, 436, Daley, 26S. When tho Third
district, Seventeenth ward, was reached the ballot
boxes were produced, ana Mcssrs Law aud Clements
proceeded TO count tnc ballots tho purpose OF
were sad 10 have been DESTROYED BY some pcrson.
winch said tickets had been cast for "Abrabam n
Daley" The witness Van Wlcken testified that Two
sucn ballots which had been cast nad been torn UP.
frDd'ns the count oil the ballots the jury dis
missed, tho Court adjourned I'LL ten O'Clock this lore