The Cincinnati daily star. [volume] ([Cincinnati, Ohio]) 1875-1880, 1878-11-13
ALDERMAN KELLY.
On the Charge of Procuring an He
gal Vote.

gal Vote.
The case of the United States against Al
derman J. J. Kelly, of the Eighteenth
Ward, indicted on the charge of procuring
David McKelvy 10 vote illegally in the
Eighteenth Ward, was called in the United
States Court yesterday afternoon. After
the jury was impaneed the defendant,
through Mr.. Baker demurred to the in
dictment, but this was at length overruied
by the Court. The testimony then began,
Mr.. ]. P. Love, Deputy Collector of In
ternal Revenue, and member of Council
from the Eighteenth Ward. being the first
witness Mr.. Love was one of the Judges
OF Election at the time, and testified to Nc
Kelvy having voted. The prisoner himself,
who had pleaded guilty to the charge, was
then called, and testified that he lived in
Pttsburg, and had been induced to vote
by Mr. Kelly. VIM. Hudson, another Of
the Judges OF Election, also testified that
the prisoner attempted to vote.
The testimony in the case was resumed
this morning.
The first witness to take the stand was
w. A. Goodman, who is residen of the
| ward and well acquainted with the defend-
ant, and testified mainly as to the character
Of Kelly whom he regarded as a good citi-
zen and good man.
Mr.. E. P. Brads rect also testified as to
the good character of Mr.. Kelly, and was
present at the polls when the ballot of Nc
Kelvy was handed to Hudson, who was ON
the point of depositing it when J. P. Love
challenged the vote. McKelvy was asked
to be sworn and refused. He saw Mr.. Kel-
ly at this time, but did not hear him say
to McKelyy, Say you live at 214 West
Fourth street." nor in fact anything; he,
however, noticed that Kelly watched the
proceedings with interest as was his custom
at elections.
Sam. Oaks testified to pretty much the
same, and was followed by Dennis Sheean,
whose testimony is characteristic of that
given by all the Witnesses and is in sub
stance as follows:
Am resident of the Eighteenth Ward:
was at the polls all day on the 9Th of Octo-
Der; was there as member of the Chaliens-
ing Committee; saw McKelvy come up the
chute; Kelly did not accompany him. Hud-
son took the ballot Love challenged tho
vote, and wanted to swear the man, but he
refused to be sworn; saw Kelly but heard
him make no remark, and during the entire
time of the excitement heard Mr.. Kelly
say not a single word; heard some one in
the crowd cry out, Say you live at 2i4
West Fourth; say you live at Kely's;" all
QaY tncTe were CRIES dDOut tne pOIlS OF say
you live at Kelly's," or 214 West Fourth
street, or 10 Home street and other remarks
of that joking ma ure.
The above witness did not hear the con-
versaton previous to the approach of Nc
kelvy to cast his vote.
The witness following testified as above.
except that he was present when McKelvy
first came to the polls, which was in sub
stance, that he saw Kelly go to the
place where several gentlemen we're
standing, and McKelvy wanted to see the
tickets and asked him if he could vote
Kelly asked him where he lived. He re-
piled that he was a river man for five years.
and claimed residence in the Eighteenth
Ward Kelly asked him how old he was.
He said twenty-five years old. Mr.. Kelly
then told him he thought he was enti led to
a vote McKelyy then started to the polls
alone. Mr.. Burton, one of the Clerks OF
Election, was called but as he had been
present and heard a part of the testimony
he was ruled out. MIR. w. j. Belmer testi-
fled substantially as above.
Mr.. Hierty was called to testify in regard
to conversation which took place between
Kelly and McKelvy on Race street, near the
Arcade, after the election, which was that
Kelly met McKelyy here, and asked him
if he did not on election day say to him
kelly that he was a resident of The Eigh,
teenlh Ward to which he replied yes, and
that he told Kelly he was
river man, but claimed his residence ua
the Eighteenth Ward, and when
Kelly asked him at this time if on cleo
ton day he had told him to say he lived at
2l4 West Fourth. He would give no salts
factory answer.
Thomas Corbel was not present, but his
written deposition was in substance that
David McKelvy, while confined in the Good
Samaritan Hospital since his arrest, told
said Corbel that by testifying in the case OF
the United States against Kelly he would
get much lighter sentence himself, and
that because he had so good friend in the
District Attorney was why he es,ificd
against Kelly.
J.J Kelly, the defendant, took the s and.
and his statements were reteration Of
that given above-a sworn denial of all
charges of an attempt to procure an illegal
yo,e from McKelvy, and that he was conf
dent from the statements of McKelvy that
entitled to a vote.
he NV Ta- Nv for the defense was closed
Inc ses"m~-. after retiring for five
mere, ana ule J"s'',, Wv. Chas. Evans
began the argument OF behalf o. tn ~
Stata