The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1890-11-26
A HALTING DEFENCE.
Law Breaking Confessed, but Proof
Of Conspiracy Said to Be
Incomplete.

Counsellor Black opened for the de-
would be general and asked the jury to
look with discrimination and not find the
men guilty because some other Election
Board had been found guilty. I'VE can
not deny that there has been violation
of the statute. but that does not convict
these men of conspiracy. i want to
emphasize this. This precinct is
made up OF cosmopolitan
class. and many of the voters are
Poles, and they vote late in the after
| noon. This fact win go to show to you
that these men did make honest mistakes
at this election. When Mr.. Whelan took
the vote be would call out the name, and
in many cases the clerk could not dis
tinguish the name properly. Mr.. Whela n
will probably tell you this when on the
stand. 1t Will explain the difference oi
the names on the poll books and registry.
That will be one of our contentious and
we will show you that this was an error
and not guiit.b
The Counsellor read an unpronounce-
able name Of Pole and said he would
prove this man voted; his name was on
the registry and not on the poll book "If
! it Is true. il is simply a violation of the
statu tes and is not conspiracy. Let this
| fact be firmly impressed on your minds.
We will show you that the Judge pro-
| nounced each name. and that Ii is impos-
sible to have these names properly heard
by the register and poll clerk. Ii You
doubt this listen to the names and adj
dresses called off here in this
trial and see how many you will get ac-
curate. | say, gentlemen, it is surprising
| to me that more errors were not found
| than have been shown. l say we will
show you that however much this may
| be violation of the statute il was done
| through mistake and is not a con-
| splracy."
cies of the dial, and claimed that il was
out of order, but that regular voting took
| place, and as soon as possible the box was
repaired.
Continuing. Counsel said:-"In regard
TO these joker ballots we Will show that
| they were actually voted and put. in the
| box at the time of being voted. We will
show to you that the jokers were prop
erly voted and IL, during the hurry near
night. some men voted them, we will
claim that this must not be considered as
| evidence of conspiracy unless the Prose
cutor shows such TO have been the case. "
| The plausible address created sarcas-
| tic smile on the face of the Prosecutor
but general satisfaction among the ballot
| box suffers.
SOME QUEER NAMES
| Mikolaj Stuwickt of No. 1877 Morris
street testified:-sI cannot remember
| whether / voted In 1889 or not; think
did not vote, Idon't know If voted for
| Governor.
Ibid you vote for Mayor?'
81 don't know; l voted in fall and
| spring; | voted ten years"
| His papers showed he was naturalized
| in March, 1854
ibid you vote for President in 1ssss"
"Yesn
Joseph Kelly, next called. testified:-.I
| live at No. $40 York street. / knew
| Joseph Bratton" (colored); Il knew him
three years before his death; he died last
| January; I saw him vote on election day;
| he asked me for a ticket: he voted in the
| Second precinct OF the Second district
Chris OIiski, No. 19I Bay street, called,
testified he lived there twelve months,
| before that he lived at No 140 Essex
street; Il voted; lived in Essex street
two years.
Cross-examined by Prosecutor:-"wh hau
Is your namefv
.John 0liski
Prosecutor-.He Is down on the poll