New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1883-01-16
MAYOR Dx BEyoIsEs RULE ENDED.
GEORGE prrnY prcLArrp TO pr ENTITLED TO HIS

GEORGE PKTRY DFCLArED TO ~ ENTITLED TO HIS
sEAT-sUIr or rHE CITIZENS COMMITTEE
The long-cuntcstcd suit between George Pctrv and
Mr. DE Bevrlsc. In the night of The hiter 70 the
MayOralIy oil Long Hand CITY, was en ird yester-
day before Judge Cullen. IN Oh" supreme Court,
CIrcut. that city. Mayor DeBevoise dit not At
tempt to make any defence. in lge Cullen decided
that lury shuul he Vnpan llei anu that upon
their verdict the issue should b determined There
WIS ltt lie DELAY in securing Jury. OitY three per-
sons wero excluded rs being ursafi,iactOry to the
plaintiff. The first witness examined was cry
Clerk Moran. who produced the urns OF he cleo
tiOn for Mayor III tic several ward. In 1850, when
the coutrst between NT.Pe ~ aud Mayor DE B'vuise
took place iht hrst whine OF any imp1rtlnce,
however. was q awyer l. y. Manly. lie was at
tine Second Ward polling place on the day 81 tho
election. IL was IN this ward mar the ballot boS"s
were alleged to have been Hanged liter the yOi
ased. Mr.. Manly said that he saw the
boxes opened IN ne morning ming, ana ina, that
The "CItv7 box IN winch the ballots Tor Mayor h4d
been cast op-ned easily az the others There
was no marx on the box other than the word
City, wri ten upon piece "I paper, winch was
pasted on he top OF the box. In the evening he
noticed that when the inspectors began to count
the ballots in the CITY box a. did not resemble the
one used all day. IL bore the inscription " L. /.
Cis W IN white letters. The chairman of the Board
of Inspection Patrick kavangh. tried 10 unlock il
with the sane kew that be had opened the box w,th
III he morning lie cOud not do sO,nnd no one IN tho
board had n KEY winch would TT the lock. Mr..
Manly callrd the attention of one of tine Inspectors
TO the fact chat the box's had been changed. The
lid Of The box WAS hnaliy wrenched open with
screw-drivcr
Charles Beckel the inspector referred 10 by Mr.
Manly. corGoborated hIs testimony. Lewis Smith,
who was United states DeOutY Marshal IN the
SecOni Ward on the day of the election said that
he saw the box in which tho ballots were cast and
il bad nothing whatever upon it, The box ,rIm
which the bal lots were taken IN the evening had
l.. 1. CITY, First Ward" upon IL.
Sergeant ,mcs McManus tJstifrd that he was in
charge Of tue Second Precinct Police station at
Hunters Point on the night before the election.
alter al the ballO-bOXes hal been distributed 70
the various wards. ROnndsman John COrriQan and
Officer Eagan came 10 the station. and Sald that
they wanted another box. He gave them one with
out q lock. They said That they would get ono put
on.
The counsel for Mr. Petry, Judge Homer A. Mel
son. and AVIAN /. Payne. produced iifiy -nine wit
nesses who testified that they voted Tor bin in the
Second Ward. Inc inspectors gave Petry twenty
six votes III that ward. The case was submitted TO
tho jury upon this testimony, and they returned
verdict in fifteen minutes III favor Of Sir. Petry
Tue judgment was signed by Judge Cullen later in
the afternoon and filed with the County Clerk.
Mayor Petry VIII enter upon the duties OF hrs Office
to-day. The result, although an cioatcd. caused
mueh talk IN the city. and was generally approved.
The civil SUIT to recover blOS. 900 IRON Mr.De Be-
yOlse, which ~ being prosecuted through the Ctti-
zens' Committee, came up early IN the day AtiOr-
ney-G neral Russell was present in person 10 con-
duet the case. j. A. Wern 1erg, one of Mr. DE Re-
voIss's counsel, maze afilayit that he had gone
10 the Presbyterian Hospital in this city on last
FrIday TO take the testimony of &. L. sumner, the
expert accountant employed by his client, but that
the plaintiffs counsel failed To appear He produced
doctors certificate showing that sumner not
IN mt condition TO DO questioned. Winchester
BrittOn asked for more time under the rircum-
stances. tie ma 10 several PROPOSE, ions to the
COUNSEL for the plaintiff. but none OF them were
accepted. He proposed to let the case be ried by
the Judge " thUut ajury, or was wiling to let the
matter disposed Of Dy referes. Mr. John T..
DevelIn opposed tnese proposals on the ground that
the charge of conversion. oar. Britton
warned the counsel that unless they acceOted
reference, together with guarantee which he would
furnish. securing the people Tor the amount of any
judgment that might be- found against Mr. De Be-
vOIse they would have considerable difficulty IN
collecting judgment from his client, as his finan-
cial afs.Iirs in bad routitlOn. Mr. Devefin
assured the counsel that he would take his chances
upo that point. Judge Cullen decided 30 appoint
A. NWeler as a referee 10 take summers testi M ny
on Saturday and no directed the counsel Of air.
DE Bevose TO be ready Tor trial Oh Monday next
without any further delay.