The Morning herald., 1878-10-09
ONE CENT.
THE CONTEST DECIDED,

THE CONTEST DECIDED,
BERNARD J. McvRYs DFCLARED TIE IN
sPECTOR ELECT OF THE EIGHTH Ell &c
TON DISTRICT BIZ THE CITY CouN Gil
LAST NIGHT.
The City Council held q special meeting
last night for the purpose Of hearing the
contest Of Bernard j. McVey against J..
Horace Rudolph for the, inspectorship Of
the eighth election district, Around the
railing on the outside there were perhaps
eighty spectators, who closely and with the
most profound and undiminished interest
listened to the end Of the chapter. ']A'
After President Lichstenstien had called
the body to order and the minutes had been
read, he stated that the stated meeting of
council held Sept. 26th, notice of contest
was read from Bernard j. McVey In which
he as candidate for the inspectorship of
the second precinct of the filth ward, which
is the eighth election district of the city,
had contested the election of j. Horace
Rudolph. At that time the Council decided
to meet tonight and hear the contest.
The petition was then read, setting forth
that the signer, Bernard j. McVey, had re-
ceived the highest number of votes and had
been fraudulently deprived of receiving a
majority BY q false count. The petition
prayed that recount might be made by
the council. .-tglat ..
After the reading of the petition Mr..
Guthrie said that the first thing In order
would be the counting Of the ballots, and
moved that the ballot box Of the district
mentioned in the petition (number the Sth)
be- brought forth and opened and the ballots
counted. 2$ ,:fnl
On. the motion of Mr. -Paynter com>
mittee Of three was appoin ted to count the
ballots, as follows; MeSsrs. ,Payntsr, Guth>
rie, Chandler. 50 III ..as
The inspectors were then called forward
and examined the ballot box, and Mr.. Thos.
W. Saville on being sworn said that the box
had been opened since 1t had left the hands
of the inspectors.
+ The chair explained that the box had
been opened in the presence of council on
the first meeting after the election In order
to get out the tally-lists, as both OF Them
had been sealed up In 1t by the inspectors.
The committee then proceeded to open
the box and count the ballots, with Messrs.
Downing and Lynch acting as tellers.
!, After the counting, which was conducted
In the presence of the Council the commits
tee reported the following number of votes
cast for the respective candidates given
below: ~ s.ugs % !ist ~ pl @"'t
For j. Horace Rudolph, ISL; for Bernard
j. McVey, 1ss; for J. B. McVey, 2; for
Bernard McVey, 1; for James Murphy, 3;
Benz. T. Bye, 6. Total, 3s8. 81 yigI
Mr.. Paynter then asked the inspector If
he was aware of any man living in the fifth
ward. IL f,s. v..ym ~ sI1 81. na.%I
Thos. W. saville said that there were
several McVeys living in that ward, but he
did not know to certainty Of any Bernard
McVey other than the one whowss contest
ing. He also stated that as he, understood
the matter the question In deciding the le-
gality of the vote was not the intention Of
the voter, but the way the ballot reads on
coming from the box. ...-. .'.,.e sf,aer,.fgy,
Previous to the answer of Mr.. Paynter's
question by Mr., saville, Mr., Guthrie had
stated the men who voted the questionable
ballots, viz, two for j. B. McVey and one.
for Bernard McVey, were present and ready
to testify. On motion of Mr.. Norton these
parties We're hen called, and Frederick
Rysn was the first to be examined, Upon,
being sworn he said that he had written'
both Of the tickets reading j. B.Mcvey,
and 1t was his intention In writing them to-
have written the real name of the contest
ant He also testified thst he had voted
one Of the tickets, and he believed at the,
time that be- was yootalssg for Bernard ee17p d
Howard Mitchell, who voted the seotheru
ticket, which the former witness had wtito
ten also, gavein testimony similar to that
of Mr.. Ryan. -.---,..-,,. -,...,vs,,u,
John Gallagher upon being sworn testified
that he had voted the ticket reading Ber-
nard. McVey, in, which the middle letter
was omitted, and he had fully intended to (,
vote for Bernard j. McVey. ,,.i,-,,,,, !, 4.
w. Pritchett, the assistant Inspector
of the Sth district, testified that uponI the d
counting Of the ballot there were 1856 votes
credited for J. Horace Rudolph, and also
1856 forBarnard JJMcVey. The Inspector
refused to, count one, vote for McVeyiins
which the middle letter was, omitted, and
which II counted would give said Mcvey one
majority, While,one vote was counted tor D.
Horace Rudolph in which tho name was
spelled "Rudolf." On this ground he had
said there was no tie, and therefore refused
to sign the tally list. aa"r: ~ E'T3ToT9 as'l
Mr., Taylor offered resolution to the
eH6cC Unab III Inc case Oh cOnLeSI now DcfQrc
this body, In which j. Horace Rudolph Kas
received 1856 and Bernard j. McVey 1856 also,
therefore be 1t @ ..v.e,,rr-sr-s
Resolved, That the vote reading " Ber-
nard McVey" be credited to Bernard J.. Mcn,
Vey, and he be declared the Inspector Of The
Eighth district. r7t a 99r9a ll.T sa'a' !.
After long debate the resolution was
adopted by the following vote: ,..-.,y.
Yeas L1nnwninr- aukh rio Hraetnd
we'll, Paynter, Rowe, Taylor, Townsend and
President Lfchtenstein-13.
Nays---Adams; Chandler, Evans, Price,
Wood -5. ~, .-, .,rso ,.,layb b9i&s
Excused Conrad and Jones ;; a. e,L,si, d
Absent-Hart.
,s~ SOCIETIES., 7ib ,slcseiq dti.