New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-07
ELECTED BY ONE VOTE.
A BROOKLYN CONTESTED ELECTION.
TESTIMONY AND ARGUMENT IN THE CASE OF CON
NELLY AGAINST LINDSAY.


The young men of the Assembly who, as tie
Committee on Privileges and Election are hearing inc
caes Of contested elections in this vicinity SAT nearly
all day yesterday in the Fifth Avenue Hotel Iney hau
several knotty questions OF law presented 10 them III
the course of the days proceedings and they repeatedly
laid their heads together and decided that iney WYNN
not de ide the question just then The case uluei w
sideratien was that OF Robert E. Connely, Dcno.ia'
who contests the seat OF David Lindsay, Repupioan'
from the With Assembly District OF Kings ooun'9
The contest between the men very close one oo
nelly receiving according to the accepted returns '
votes, and Lindsay 3, 92O-only one mort III ~
testant was rep esented before the committee w -
f. Ecclesine and Theodore i. Tomllnsol' anu '"'
sittinc member by Win. chester Britton and D. A. "oi
berg, . ont no
In the petition the grounds of contest were set OUT 10
follows. In the Fouth Election District OF the sever
teenth Ward OF Brooklyn the return 10 'hepo"i " =,
yassers shows that sos votes were cast TOT ineiD -,
Assembly of which 332 were for ConhenS, ~ 10
Lindsay and % for Michael w. Collins leaVihs oi
- nooo,rtod for This one ballot was originally
rindsav ticket but the name had been erase" a"
Rob Conf written below it In pencil Inc Po.'on
asse Is that It was the intention OF inc c'eO'o' "
the contestant and that the vote Ought 10 DE 30
In thc First Election District OF tie SeNen''n'"
houot torn in peces and so badly mutia'eu anu w
faced 20 that only four letters OF inc callu'n.o
,oi,d ,roe NOT counted; the contestant THINKS inc
name was his and that the ballot ought 20 De cou
for him. In the Second Election Distilc' " Wv ~
ward the Board of Canvassers amer oouh,'ns VIZ
and announcing and recording u as ~ u" .
o5 for lindsay and 30 for Michael Collins paced inc
hit, In box and sent the box TO the Police Depart
,nort Afterword Lindsay ballot alleged To nave oec
njcked from the table annexed by the cahNa'7ciS "
h rtrns ma e to the Board Of Elections ana the toi
NJ Indsavs vote was changed from 10 10 10 III '"'
Sixth Election District Of the Eighteenth warn u
Assembly ticket Is alleged TO have been found Ia 'ne
/icple
vosscr e. sad 70 have placed in his pocket and lett Inc
ROOM and returning to have thrown 'lch't ''''il7
those taken out OF the Assembly box me peii'"" u,
Inmates that in this proceeding Lindsay ucArV was Nj"
sntued for n Connolly ticket. The whole vote iHIE'!
in favor Of Lindsay ought therefore 70 be thrown OUT
In the Seventh Election District OF the Eighteenth wal"
ovon Lindsay ballots were annexed 10 the return o le
canyassers and stated there To have been
omitted from the box when II was given mo 'iio minus
NJ the police. The contestant thinks theS ouSi' ~" "
have bccn counted In the First Election District o' W
Seventeenth ward II alleged that Michael ComS was
ucoslv registered as Patrick Collins ana MS Noe
refused nj the election. The contestant THINKS MS VOC
orght now be taken. There Is then Seherhi ~"
of numerous eases OF defects and irreSuarlb III So''
a,.ricts In the returns and one OF corrupt Use oi
money by Lindsay in promoting his eiecuoh. l'S ,',
charge was taken up yesterday as MI br'.on 'n,''
Tor hill of particulars nd Mr.. Ecclcsine said ne "i'htu
"a o,splt the Dtric-Attomey OF Kings County Win
view to protecting the witness, by whom ne eNpcc'u ~
| nrove bribery from prosecution. AFTER "i''"S''''
called out by the demand for BIZ oil pa'''''''' '"'
| hearing of Testimony was begun 49,, 9Th
| George r. Rhoads police captain Of the seDen,I t
Precinct Of BROOKLYN podgoea ae Sond Election District
which had carried To him on the gnt "l i1 "a r
cciVrd 81 votes David Lindsay 125 and NJ + Collins
30 being total OF 4l2 votes. Seotge ,6,,n to tbc
Deputy County Clerk OF Kings county cAniu' -, Ne
committee the return Of the Board oi hnN'iT ~ ~ ~
County clerk and the tally sheet OF 'S or yc~p that
the tally sheet the vote was gwen ~ aDoac en- "a
the last figure of Llndsays vote was cihhbe1 nun , ~
t for Lindsay had been added 20 the list after state
mont had been made 20 the officer that thc VOC was -
c oun-c for the contestant Onei ed ns evidence thc
tally sheet showing the correction IN l!nshH ~ No n I'LL
of Canvassers TO show that the return had been No GA
November ut p M whereas we lay w. ins M tIo
polls ai Tho vote ~ David Lindsay az 1926 aud tue
when gave , ~ 90 Ai3 without corrections and
totcd a statement that ticket for Lindsay had been
ed when belonged in the box and had not been
ded I'm the statement made the Police De,
nartment The abatement signed by tue Board OF
Eanyassera Counsel for the contestant objected 10 Us
eccrntauce az evidence but tie Committee rece'ehl ~
Mr. brton then called ior tag PP on, H. dna 0enres
I'm the vote for AssemblYnan were AS; , y...t.. -,
James A. Meany, Clerk ~ me boatI @, ~ H can ~
the City Of brooklyn prodlcou INC VI
vaseers TO the Board o. Elections, whch also @
The abatement that ticket Tor Lindsay had ol ~.
~. a., the box Tue witness produced the
c,uvassers' return for the INth Election -lot o lno
seventeenth ward showing that the toal OIL woes Si'
,rcr 3l for Connolly 100 for Lndsay ana - Tor 'o
ms; also the poll LIST giving the aggregate vote Tor Ao
Zion District OF the ntren ward the RESPECTIVE y9s
gwen 90 foowo t t 9ks eop+ared 20 he t2c
| total vote po,ied Tor Assen6y 10 u was hPpcnueI a
mnfated ticket In winch only lev letters r,hlnoI o
,he name Mr Brton claimed that u had cencolned
| se n was unaccOmpanicd by any explanation; ~
proreediug 10 The nnh allegation in the petition, conn
TO- ,G ontestan introduced in evidence the can
ya-sers' return TO Board Of Election TO u were APP
| nended some Lindsay tickets accOihpah,n " IN, ,n11
,a,cwent that they had been unincntionay omitted
from the box when it was delivered TO tne 5olSei no
A. this poipt ia the proceedings l0hn MackeIhr' Po
lice captan OF the Tcntn Precinct Of Brookyn aPlcared
a hne foS Of the IVt6 Election District of tho seven
teenth Ward. Tue captain was at once put upon VIC
stand aS With Inc committees sGbpGna. lie could
voS lei OF his own knowledge whether u was Wnat "
Ia he nor tnat IL had not been dstufDeu
ph,e in the possession .Oi the Police Department.
lie stated the superintendent OF Police, inspector
ana CommissOner present when nc TOOK tho poa
from its place. Mr.. BrittOn objected 10 the opening Oh
i0 TO- The civ OF Brooklyn commanded that after the
hayes mad sealed by the canvassefH hty shou D
"deposted by them in the Department OF foe1' h h
ha1 there s kept undsturDod aud involae until thcy
are needed at elect unlcss required as evl
t Of tbe objection in which Judge Morris took part It
being represented that another case rom h ~
D County would almost wholy on lhls
oHesti1n His position and that of Mt BritOh was ns
the box could not DO opened o d ay tie decision in
DALEY against Livngst0n there %oul nsV ~
On me part of canvassers or error or o
evidence that effect, in thc returhs anu t be
so%nnrcd with Mr. Ecclesne contended That the com
mtee court of record Tor the pnrpDsG ,cr ~i ~
of contested seats In the Assembly solely win thA D0u
Tne aronmenls lasted two hours more, after which
an c",,ltfee consulted and decided TO hold the ques
Tben Moriaer b. oShea OF the canvassers OF th'
: election district, testified that one vote reoOrneu ~
scstiering was described In the petition a.
containing The name Rob Conf Patrick C0llins tol'
the story OF his registration and the REFUSAL
,be canvassers to receive his vote. Every questloi
asked hm called out controversy between couhsei
Finally SIR. TomnsOn who had been Professionally nIlS
~ tanned uu To point by the committee, asked oon
" tr nom he would voted he mad been permitted
yn,e nuck objection followed and after the commltte
Y, had debated matter for tine fourth or nth INN
Chairman announced that at least four OF the oo
mee were opposed TO the reception OF me evidence
T. and IL would therefore be excluded Thomas Al Goouw
end Charles H. Hart flied TO the ticket which, In IN
~ no Ward, Xcger Ia alegc