The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-05-23

ing places buey moved lfOLl one apart
ment to another. and they moved between
the registry days. and it often happens
that they vote from the new places. The
evidence shows also that number of per-
sons would swear and did swear that GER
tain individuals did not live in certain To-
calities, and in the next breath admit that
they did not know who lived there. The
effect Of this class of evidence the Sena-
tor sums up thus
Giving this testimony the very fullest force,
inc uding all the allegations Of fact OF doubtful
testimony, with reference to false registration
and illegal voting. upon the polling book,
charging every false registration ana every
false name as entered up the poll book, for the
sake of the argument and for the sake OF admit
ton of Edward +. McDonald's Is majority, we still
find him having majority of 3,093.
THROWING OUT PRECINCTS
The Senator deals scathingly with the
assumption of the committee that be-
cause fraud was discovered in SO pre-
cincts it existed likewise in all the rest of
the 129. But no facts whatever have been
presented regarding the precincts outside
the 33; therefore no inferences can Justly
be made. Fraud can never be presumed
or inferred unless you have a fact or cir
cumstance to build your presumption
FROM Summing up this branch OF argu-
ment, Senator Adrain says
If we adopt another method of calculation for
the sake OF the argument, throw out all OF the
precincts in which there was shown false regis
tration and false polling, we still have this re-
sult.-Total vote in precincts in which fraud
ulent ballots were found for Mcdonald, 1916 by
recount; for Stuhr by recount, 26l3. The total
votes of additional precincts for Mcdonald,
1897 for Stuhr, 1881, makes McDonald's total
on recount, "a, 745; deduct 1858 leaves 1902,
Stuhr's total vote on recount 16, 893; deduct
4,5O4 leaves 12, 1889, McDonald's majority, 2,673.
have now taken up all the evidence on the
subject Of fraud, and / find that Edward f.
Mcdonald has majority of from $500 TO 5000,
admitting every contention that William s.
Stuhr insists upon.
POPULATION AND VOTE.
Regarding another unwarranted as
sumption of the Republican majority,
Senator Adrain says
Without evidence, counsel have argued that it
is impossible that the population OF Hudson
County has increased to such an extent that
42, 600 voters represented the vote at the last
November election, and as twas in excess of the
vote polled in 1857 that therefore the fraudulent
votes cast in the County of Hudson was 10000,
and that he believed that William S. Stuhr had
actually received the majority OF 1000.
This argument is as idle as the wind, and is
only used IN ertrenlis as a dernieT resort.
It is presumption without fact on circum-
stance and without even evidence before the
committee, of the vote in prior years.
AN ELOQUENT SUMMING UP.
Senator Adrain concludes his report in
the following eloquent sentences
To declare this election void would be one
thing, but to declare that William H. Stuhr is
entitled TO Edward F. McDonald's seat is the
greatest monstrosity of human conduct ever
known, and fraud far superior to anything that
has ever eminated from Hudson county.
To be the forerunners of ennobiing sentiment,
which was the object and purpose of the COM
inittee in hunting down fraud, and finally
winding up in a corrupt finding is parady on
good sense, and will not revert only the perpe-
traitors.
ssThe question under what circumstances the
entire poll of an election division may be reject
ed, has been discussed and conflicting views
have been expressed by the courts The power
to reject an entire poll is certainly a dangerous
power, and though it belongs to whatever til
bunal has jurisdiction to pass upon the merits OF
only in an extreme case, that is to say, case
where it is impossible to ascertain with rea-
sonable certainty the true vote.
submit that the committee had no difficulty
in distinguishing pure ballot from fraudulent
one.
The committee had no difficulty in counting
the false registration and the false polling.
submit that ;sii the testimony hears upOn
these two questions and that there is no testi
mony upon any other subject IN the case.
submit that Edward F. Mcdonald is abso-
lntely guiltless of all fraud
submit that the majority of the vote Of Hud.
son county was for Edward F. Mcdonald, and
that there was no fraud by the outside voter.
do not believe that every man upon the floor
of this Senate who wears the Republican mantle
will sully his reputation by seating. William S.
Stuhr instead of Edward F Mcdonald.
AS conclusion / find from all the facts in
this case that Edward f. Mcdonald has q cleaI
title to seat in this Senate.