The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1891-11-14
TWO WERE ACQUITTED.
Something of a Sensation
In the Ballot-box
Trials.
THE JURY WAS SIX TO SIX
But the Plea for Siemons and
Wlnckler Went Through
Boulger and Holderer
Remanded.
THE JURY WAS SIX TO SIX

mons. Patrick Boulger Henry G. ,Winck-
Ter and Christian A. Holderer, relieved
the monotony of convictions by acquitting
Siemons aud Winckler yesterday after
noon. These are the first men acquitted
out of the thirty-one that have been tried.
When the jury first went into the room
they stood six to six for convicting all.
Then some of those who favored the ac-
quittal of Siemons and Winckler began
to argue with their fellow jurors. They
contended that it was impossible
for Siemons to be guilty and
they urged that the manner of
Wfnckler upon the stand was that of an
honest man, which tact, taken into con-
nection with the previous good character
which it was shown he had born, proved
hts innocence 1t took just an hour and
half to convince the other six OF this,
but they were finally brought to look up
on it in that light and the verdict was
agreed upon.
The gas was lit and there were but few
spectators in the court room when the
jury filed in. The two lucky men were
Immediately discharged. amid the con-
gratulations of their friends, while the
convicted men were remandeG
sIEMONS AND HoLDERER.
After recess yesterday Chris Holderer
was put on the stand and gave very much
| the same evidence as the other members
of the Board. He said that he did not
know of any one voting at his precinct
who was not entitled to vote. He did not
allow the vote of anyone he did not know
to be received unless his Dame was on the
registry. He denied all conspiracy and
supposed that everything at the election
was done honestly and properly.
fnrn hnn relo nn hn cfo nd
and told his story. He said that on cleo
tion day he voted early. About five
o'clock he left Coroner ftBrachner's
store and walked around. About
ten minutes past six O'Clock
Second Sc %ep Precinct Of TT the PS Fourth district
He was then asked by Holderer to take
Stanton's place, and ne did SO. He was
actually an inspector, aAd during the
count strung the ballots. He never re-
ceiyed any pay for his services He was
indicted and confined in the Jail two
months. His case was called to the atten-
tion of the court, and the Judge appointed
Mr.. Black to look after his case. He de-
MED all acts OF conspiracy to pervert the
election laws, and all the knowledge of
any such acts. He had no reason to be-
| lieve or suspect that anything was wrong
while he WAS there.
| Mr.. Winfield did not cross examine
| Siemons. The Court, however, asked him
| if he was arrested on complaint before he
| was indicted, and he said no.
SUMMING UP.
This closed the testimony for defense,
| and Mr.. Black then summed up Tor Sci
| mons. He spoke Of the sacredness of the
ballot and the regard in which it was
held by himself as we'll as by every mem
Der Of the jury: He called attention to
the fact that he was appointed by the
Court to defend Siemons, and that the
oath which he took as counsellor at
law was as binding on him to do his duty
in this case, as was the oath of the
District Attorney. He claimed that
the testimony showed that Sci
mons went into the polling booth by
the merest accident and that of the six or
eight ballots shown to have been cast
while he was in the booth. only one was
claimed to have any irregularity about it.
Mr. Black closed with an eloquent appeal
to the jury not TO send any young man to
prison on such evidence as they had
heard, and so ruin him for life.
Judge Garretson followed. In opening
he said he appeared before the jury not
to represent anything as fact which was
not, or to awaken their sympathy or to
overcome their Judgment. He said:-
lit would not do to say that there has
been a great conspiracy ana that these
men were in it and were therefore guilty.
Each mans case should be taken up and
carefully considered. These men were
not indicted for keeping a registry lille
gally, or for making mistakes, but for
conspiracy to pervert the election law. A
great deal in this case depended upon the
difference in Names" He then described
the manner in which the registry and poll
books were Kept, and showed how easy it
was to make mistakes. He took the in
dicCment aud called attention to the
names therein which were illegal to be on
the poll book and not on the registry.
He took the name of Charles Flagman
and showed how the name was Charles
+. Lehman, both on the poll book and the
registry. The great point of the prosecu-
uion was made, he said, on the joker bal
lots, so-called, and the District Attorney
appears with surveyors compass and a
spyglass, and points out differences in
the work. If a mans liberty was to depend
upon such slim differences. things had
come to pretty pass
The Judge then took the ballots and
pointed out the differences in the marks
ou the backs of ballots which were con-
ceded 10 be genuine. He claimed that the
fact that there were marks on the joker
ballots signified nothing, as under the old
law man could vote ticket with any
MARKS on it.
THE STATES CLAIM.
Mr.. Winfield summed up on much the
same lines as on the former trials. He
spoke more upon the generalities OF the
election frauds than upon the case under
consideration.
"It should not be lost sight of. he said,
"that never in the history of law has
it been possible TO prove COLI
spiracy except by the acts of the
consplrators, unless some one turned
States evidence. Conspirators don't
meet and pass resolutions to conspire."
He paid his respects to "Mr. Alderman
Prigge," as he called him. in a manner
which made that worthy city official
squirm in his chair and the perspiration
start from his face, although the windows
were all open and the court room pretty
chilly.
Judge Lippincott's charge was lucid,
brief and to the point.