New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-10
GRASPING AT STRAWS.
LOATH TO RELINoUIsH A STOLEN SEAT.
NEVERTHELESS THE QUAD BALLOTS HAVE
BEEN COUNTED FOR DEANE-PRoCEED-
INGs BEFORE JUDGE BARNARD.
fBY TYLE0R AM TO THE rRIRuNR

tBY TELEoRArH TO THE rRIBUNR
Poughkeepsie, Dec. 0.-This was another felA
day for motions and orders on the election cases
in Judge Barnards court, and it took clear head
to know where one was and careful hand to
steer straight When the morning opened. the
first thing pending was a hearing on the motion
of William Wood, counsel for the Democrats to
show cause why tn, mandamus granted on Satur-
day last, commanding the Board Of Canvassers
to count the disputed votes for Deane should
not to be modified by striking out all except that
pertaining to the alleged marked ballots On this
Mr.. Wood produced an affidavit similar to that
which he offered Saturday last. in which he
alleged that the changes in the other cases had been
made upon and in accordance with corrections OF
the returns by the inspectors, |. will be remenl-
bered that on Saturday Mr.. Wood attempted to
raise an issue of fact as to these but Mr. Choate
in his reply argued that there could be no
such issue, but it was wholly question Of
law, inasmuch as the moving papers contained
certified copies of all the returns iu oues-
tion, and they were before the court for
its consideration. On that occasion, also, Robert
f. Wilkinson, counsel for the Republicans, made
a detailed explanation of the transposition Of
votes in one Of the Fishkill districts, which Is
the most important of the cases outside Of the
marked ballots, and thereupon Judge Barnard
granted the order. Notwithstanding this, Mr.
Wood asked to have the matter reopened, as
stated, basing his claim on the same ground
exactly that had been presented before.
Judge Cady, with Mr.. Wilkinson, appeared for
the Republican side, and Mr.. Wilkinson objected
to the modification asked for on three points.
First because the parties asking for it were pre-
cluded by the fact that they had taken an appeal
from this very order; second because the matter
had been fully raised on Saturday, and, he
supposed, decided; and third, because the order
as it stood commanding the Board to canvass tho
vote according to the original returns was right
and ought to be granted on it's merits.
A verbal decision followed, as is not unusual
in Judge Barnards court, in the course of which
the Judge said in substance, that the appeal ought
not to interfere, that he did not intend In
the original order TO include anything but the
marked ballots, and he should grant the modifca-
ton asked for and leave the question Of the
transposition at Fishllil the Dover votes and the
other changes to be brought up by themselves
The order was accordinglc modified, wheeupon
Mr.. Wood agreed to vacate the stay and ylvo
the Board Of Canvassers count the marked ballots
and report to the Court at o'clock.
AT p. N. the parties again appeared in court.
Mr. Wood first made return to the modified
mandamus, showing that the marked ballots had
been counted, adding ffty-four to Mr. Deane's
vote, and the result had been filed in the Clerks
office An application then Immediately made
by Horace Hufcut, attorney for Mr.. Osborne, for
a mandamus under the Ballot Reform law to de-
termine the validity of these ballots. and pending
that determination, enjoining the Clerk from
transmitting the returns to the State Board Of
Canvassers. This waY granted, returnable before
Judge Barnard on Saturday morning
As the situation now stands, therefore,
both Mr.. Deane's and Mr.. Sherrills Republican
County Treasurer) votes have been counted,
but there are new proceedings instituted in both
cases by Mr. Osborne and Mr.. Hasbrouck, Demo-
cratic candidate for County Treasurer, to d1)er-
mine the validity of the alleged marked baflbts
with the purpose, of course, of having them de-
clared null and void. This proceeding must bs
a full trial, so it is stated, involving both the
law and the fact with reference to every ballot
alleged to be marked, which was duly protested
on election day. and which has been attached 10
the returns the law requires The order will
be returnable on Saturday morning before Judge
Barnard. and perhaps further complications will
arise: The stay, the appeal and the other matters
which were to have been argued in Brooklyn are
all off, but the argument in the Court of Appeals
will take place next Friday, and that may put Q
new face upon the whole business.