The daily gazette., 1881-04-15
THE ELECTION GASES.
BALANCE OF TO DAYS sEssroN or
TINE U. 3. DISTRICT COURT.

morning, the examination of Cbas.
Hall, COL, In the case of the TT. =.
-. Joseph McCafferty and Henry
Witsil, for rejecting the vote Of
James Matthews, col, was resumed
On cross-examination witness said
after he got the letter he told Mr..
Ford that Matthews was not coming
back as he was sick.
Elijah Knox, COL, testified that
Matthews employed him to take his
place in the Diamond 8 ate Iron
Works for one week but did not return
for SIX or seven weeks, and then did
not take his place again.
Mrs. Charles Hall testified to Mat
thews leaving with the intention of
coming back in week. She was also
asked about the letter from Matthews.
but she, like her husband, could not
read it. The District Attorney then
called Chas. Hall over and asked him
who read the letter, but Charles said
he had forgotten.
Danl +. Stewart denied any per-
sonal acquaintance with James Mat
thews, but said he knew him by sight.
as he had attended to getting him as.
sessed. He detailed The rejection of
Matthews' vote, on account of non.
residence. He said he asked the In.
spector to swear Matthews as to his
residence and payment of tax, but the
Inspector refused. Mr.. Ste wart said
he asked the Inspector twice after
wards to take Matthews vote, but he
refused. He could not say that Wi:sil
and Leech, the Assistant inspectors.
either assented or objected to the &C.
ton of the Inspector. He heard Pat
rick Neary say at the polls that Mrs.
Hall had told him that morning that
nobody lived al her house but she and
her husband.
MIR. Stewart further said tha. none of
the election officers or Supervisors asked
that Matthews be sworn, nor did he hear
any OF them object to the rejection OF his
vote. be addressed himself exclusively
to the inspector, McCaherty.
John Mclaughlin, who was the Re
publican Supervisor at the Tenth ward
polls, could not say that Witsel and Leecb
the Assistant Inspectors, coneurred IN the
rejection Of Matthews vote nor did he
~@A ~Ay NiooFht Oh huDIT pNII.
George ii. Leech, the minority inspec-
tor, said he was not consulted in regard
TO Matthew vote, but would have taken
it had he been the judge.
On cross-examinatlon be said after
the vote was rejected Mr.. WitsIl said he
thought Matthews had no right TO vote,
as he did not live In the ward, wItpess
did not ask McCaferty TO swear Mat
thews
Matthew'S tax receipt was offered in
evidence, and then the case for the Gov
ernment was rested.
For the defense mir. Sharpley opened
alludlng TO The grave difficulties encoun.
tered by election officers In cities In de-
Gliding who are emit led TO vote. He said
there were two phases In the defence
nrst, had Matthews right 10 vote; and
second IL he had, were the circumstances
shch as TO indicate that McCafFertv and
Witsil rejected the vote Knowingly. viii
fully and maliciously.
Patrick Neary, being sworn. statad
that Matthews, when his vote was chaI-
lenged, gave his residence as cbas. HalI,s
house No. lis Bird street; he then re-
called That while canyassing Bird street
.ne saturday before the election. Mrs.
HAN told him that no man lived Ia the
house bat her husband; he told the In
sPector this, and James McGoyern of
NO. 1T Bird street for several months:
Matthews said he had moved back ~
10 " has. Halls about two months nra-
Vious. Charles Hall was called IN ana
said matthew's had lived with him con.
slantly for the past two years. The vote
was given as much time over his vote as
was allowed to other challenged voters.
u. j. Mention, the Democratic Su-
pervisor, corroborated, in The main.
the testimony of the previous witness
john Newell, who lived at MARY.
land Avenue and Bird street. fonr
doors from 1f5 Bird street, testified |
that he Missed Matthews presence in
The neighborhood for several weeks
prior to the election, though he used
TO see him often. Mr.. Newell said |
lis attention was called to Matthew'S
absence blythe following circumstance: |
ABOUT Two weeks previous TO the
lection colored man named Clark
came TO the store and asked him
ABOUT voting, stating that the Repub-
llcah workers OF the Ward wanted
lim TO vote on Matthews tax receint.
Is Matthews was out of town and
they were afraid he would not be back
N time for the election.
Charles Snields testified to the cir.
attending the rejection of
vote, as detailed by Pat.
'ick Neary. James McCoyern did
lkewise, and as he lived next door to
mas. Hall he said he missed Matthews
or several weeks prior to The election.
:, Walter McElyailly said he heard
mrs. Hall tell Patrick Nearv
10 man but her husband lived IN her
louse.
Officer Robert w. Chambers. who
Irrested Matthews, that the prisoner
aid TO him, 81 know had no right
o vote, but they said had, if it had
iot been for them would not have
~ mere was no cross ex-examination.
we rest. said Mr.. Lore. some more
u US will rest, too said the Court.
ma q recess until Las o'clock was
Inc afternoon session was occupied
the arguments of counsel.
The District Attorney did not c,oss
xamine the witness. o''
BERNHARDT ILL AVN