The daily gazette., 1881-04-27

THE ELECTION CASES.
Trial Of Patrick smith. on q charge
OF Illegal Voting I'm the u. NJ Dis-
trtRt ('Ourf,

OF Illegal Voting I'm the u. NJ Dis-
trict Court.
Both the Circuit and District
Courts were opened in the United
States Court room, at 10 O'Clock TINS
morning.
The first business was the admis
sion of Harry Sharpley; Esq, as a
counsellor and attorney in the U. .
Circuit Court. .;
District Court business was then
proceeded with, and a jury was
drawn TO try the case of the United
States ps. Patrick Smith, charged
with illegally voting at the FIRST
ward polls, on the day OF the last
general election. The District At"
torney stated that as relief TO the
Court and jury the cases OF interior,
ence with Deputy Marshals would
be suspended for awhile, and new
line of cases started upon.
The prosecution proved by VIM.
Miller, that Smith voted at the First
Ward polls, on election day, and adj
mitted that he lived in Browntown.
Miller was positive Smith was not
sworn TO the effect that he would not
vote at any place that day. lie
was SO positive of this that he said
the oath could not have been adj
ministered without his knowing 1t.
Collector Bedford was also called by
the prosecution, but his evldense was to
the effect that Smith was ASSESSED in the
First ward on his books for 1880. Mr
Lore showed him Patrick Smiths taS
receipt for 1879 dated October l9.h 1888
the tax which witness said, was paid
him by Smith on that day.
Benz. Bye also testified TO Smiths vot
ing at the First ward polls but admitted
on cross-ex animation that the lnspectol
Austin V. Gaynor before accepting thu
vote administered TO Smith an oath Z
the effect that be would not vote at AM
other polling place that day.
Mr.. Lore asked the witness IL IL wa
not customary at elections for both par
ties 10 accept votes under such circum
stances. The District Attorney objecte'
70 the question and the Court sustainet
the objection, holding that proof 10 thi
| effect would only show illegal practice
on the part ofthe election officers with
out excusing the guilt of the illegal vo
| eI.
VIM. j. Moreland, Republican Asst:
tant inspector, corroborated Bye's test
mony as TO Smith being swarm and the
| allowed to vote. He at first objected
the vote, but after Smith was sworn az
mitted that he would have taken II
vote under the circumstances, as he hs
seen such vote taken frequently.
All the witnesses, being asked whel
the polls were on that day, replied,
"the White Horse Hotel" The indie
ment reading "at q tavern known
the White Horse TAVERN" the Distri
Attorney asked them all If the votiI
place was not known by that nam
David Woolman was the only man wi
answered in the affirmative.
Finally VIM. ii. Quinn was called
Mr.. Patterson and said the place W
we'll known as the "White Horse Ia
ern."
David Il. Coyle said he had know
the place as "the White Horse taver
for thirty years, and never heard IL call
anything else.
Il The prosecution here rested.
4 The defense opened with John
Griffith, coal dealer Of this city,
the stand. He said he was very bu
on election day, and could not "
spare Smith (who was in his emp
as a carter) to go out to Newport
vote, and so advised him TO go arou
to the First Ward polls, state his CT
to the Inspectors, and ask them 10 Ia
his vote. Smith worked all day,
cepting the time he occupied in goi
to the polls. In answer 70 Mr.. Lor
question Mr.. Griffith said he was
staunch Republican.
The defense then proceeded to PR
that Smith, on coming up to vote MI
= q statement of his residence In BroN
town, and took oath that he would
vote elsewhere on that day.
d, Mr. Lore again asked permission
. the Court to introduce testimony
e. show that by common consent {
d. agreement of all parties at the pc
rs votes had frequently been received
one polling place, from persons resid
in another, on taking oath from
person 30 voting that they would
vote at any other place on that d
The Court again refused to admit I
kind of testimony.
Court then, at 1890 o'clock, too
: recess for one hour.
y AFTERNOON SESSION.
On the reassembling of Court,
1:s0 o'clock this aftereoon, Dist
Attorney Patterson commenced
opening argument for the prosecute
| The hull of the saasinn ,raa nncnr