Morning journal and courier., 1882-12-23

Mir. Shuster then produced the certificate returned by Moderator James B. McGann, of the Third ward, and was about to read the returns as requested by MT. Beach, when MT. Doolittle objected. Mir. Beach then read from the statutes the election law relating to the duties of ward moderators. Mir. Doc little claimed that no evidence yet produced had shown that the Third ward certificate was the same that returned by the Third ward moderator to the city moderator and by the Town Clerk.
 Mir. Beach said that if Mr. Doolittle would stick at such trifing technicalities that much time would be consumed in hearing the case. The court ruled the question in and the wit ness read the returns for Mayor as follows Frank g. Andrew -..-...7 735 Henry e. Lewis. .294 Henry B. Harrison. ........................ 5 Charles A. Baldwin ................. In answer to other questions, witness said that there was record in his office showing 1 that William OKeefe and Edward F. Merrill were the town registrars; that George R. Bill and Robert A. Hollinger were the Third ward registrars, and also 8 record to show ! what moderators, boxtenders and checkers were legally appointed to in their re- spective capacities at the recent elections. MT. Sinister then produced certified voting list of the voters of the Third ward, signed by Registrars Bill and Holiinger which was | laid in evidence; also list of electors ! who voted in the Third ward. The centiiAh :: cate attached, eigned by the registrars, cer- | tined that the total number of names on the list was 1,523 the number of voters names checked as having voted, e74, and the num- Der of names not checked, 549.
 Isaac F. Davis testified to being counter on the city box at the Third ward polls. The witness after several Interruptions described ! the node of procedure in counting the bal ! lots as follows:
 'sWo first counted all the tickets. I think | we found 972. After that I suggested we I CnOnf ha sf ioht ialye of nd yva ! did so for the city ticket emitting the ward officers. The straight tickets counted were 629. We counted the straight Citizens ticket and found that Henry G. Lewis had fifty six | Next we went to work to count the scratches; Frank MeHugh counted and tallied them j; think We found twenty five for MT. Andrew; ! Mir. Lewis scratches showed that he had 239, which addsd to his fifty six straight Citizens ticket made total of 294. After Mir. Mo Hugh had finished reading off the scratches I asked him if those were all the tickets there were. He said it was. Then some ono said No, here's another package;' asked him where they were, and he replied that they were in his hat. The question arose then as to whether they had been counted, and l asked to see them. It was package of | elghty-one ballots similar to this ballot Ca straight Democratic shown) with exception l of changes in the ward officers. 1 took off ! the rubber banaA strengthened out the pack ! ages and counted them over slowly I found l eighty one votes, and those votes added to
 the return, giving each Democratic name on | the tally sheet eI%lty one more votes; the , ! vote for Mayor Is so much larger than that l for ward officers was of the opinion that we : ! had made a mistake and I counted then ) twice; of course I cannot prove it, but sucE 1 is my opinion.'
 Hugh McDermott, also counter of tht } city box, described the manner of counting the ballots as detail 9d by Davis. He testified that after throwing out four town ballots ! a6 TIT, "a of o,,f
 found the total number to be 972. There
 were 542 Democratic tickets, 3O3 Kehoe
 ballots and 245 Coffea tickets I think we
 had 400 scratched tickets toward the close
 of the count package of tickets was found
 in my hat at one time the hat had si1
 punches Of tickets and also other packages O.
 tickets lying alongside Of it. because the ha
 would not hold them all this package wal
 counted slowly by Isaac Davis, and found tt
 contain eighty one votes; I thought they hat
 not been counted and said so.
 Frank McHugh next testified. He was O.
 the opinion that the eighty-one votes hat , | been counted twice.
 John Coffee, another counter on the cit,
 box, was called and told about the same stor,
 testified to by McHugh.
 The petitioner here rested Justice Parl
 inquired if the other side had anything tt
 say. MT. Harrison said that he would intro
 duce witnesses during the afternoon. Tht
 court then ordered 9 recess of thirty min utes.
 In the afternoon tue defense of the re
 spondent commenced with Town Clerl
 Shuster fagain on the stand. He testified
 that he had charge of all the ballot boxes
 they were delivered to him by John J. Bren
 nan, who was accompanied by two police
 men. The witness placed them in the room
 specially provided for them; they were, h.
 supposed, Ptoperly sealed no one to hi
 knowledge aside from himself had Ike,
 to the room it had been opened since ol
 two occasions-one when MT. Bill went in
 and again when Mr. Harrison, MrtAndrew
 J. G. Clark and the witness went in for th
 purpose of seeing whether the boxes hat
 been sealed. Afterwards the witness hac
 sealed the keyhole, acting under advice tha
 had been suggested to him
 After arguments by counsel the court sait that it was very evident that the petition re ferred to the Third ward the defens
 claimed that errors exist in other wards
 I7ta7a0 fdcie the returns from these othe
 wards correct. The case brought hlare i
 really for recount in the Third lard
 There were good grounds for recount. vus tice Park then ordered recount of the T.hirt ward box, and appointed Clerks Ingersoll pnt
 Anketel1 as the counters. As Mr. Inger&ol
 was out of town and Mir. Anketell intended tt
 go away in the afternoon 6 change was mad,
 and Hobart l.. Hotchkiss and Edward Ste
 vens, the Superior Court messenger, we
 appointed. The ballot box was produced al
 the gentlemen retired to the jury room fo
 the purpose of making the recount. MT. Doolittle wanted the count done pri
 vately, and the court so ordered
 1 THE BLACK BALLOTS
 | While the counting was in progress the petition of Charles Kimberly, contesting the authorship with John W. Lake, was com