New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-04

and that no voter objected I, voting them when the
mistake was discovered The attorney offered 10 nie
the papers he had read
Mr. Kellogg objected to the fling OF any return on
these grounds First, That the preceding was against
the Board OF Canvassers as legal body, and that lnd
vdusl members could not appear and had no standing
I'm court second that the Poard OF Canvassers had ap
pearcd as body, and had by resolution authonzeu
". p. Cannon TO represent them in the proceeding
further objection raised against Messrs Peek ana
Munro. the ground that they were not parties 70 tho
proceeding
Mr. Gooaelle then read the answer OF Rufus r. Peck
TO the application for msndamus. The answer alleged
that the Transportation of ballots was not made
for tho purpose OF nSuishing or marking the
same
The Court said that he wanted to lind out what the
facts In these cases WERE and TO that end lie wonld re-
ceve papers from either side which would throw Hight
the subject.
Mr. Kellogg objected to the answer OF Mr.. Peck
upon the grounds previously stated. Mr.. Goodells
then presented the answer TO Mr.. Munro which was
similar to that already read. The papers were all
received by the Court, the question with regard to
them however, being reserved for consideration with
the its merits When they had all been put
in. Justice Oren suggested that each side take three
quarters of an hour for argument.
ave are satisfied" said Mr.. Mcclure.
Mr. Goode!le objected. The questions involved wsro
too important and there were too many OF them,
he thought to be disposed OF In so short time.
ooh, OF course / don't to limit You ex
acty,' said the Justice. II you need little more
time, you may take it, But II Sou can get along
with threequarters of an hour, You will oblisc the
Court by doing so.7
Mr. Goodellc here asked that the order to show
be denied, the issue Of fact made rendering ii
clear that no peremptOry but only an alternative,
writ of mandamus could issue. The motion was
denied, and the argument the merits then began.
Dav Cf' no
behalf Of Nichols and Ryan. He said in part III
appears from the morning papers, that the Board
of anvassers canvassed the vote for senator and de-
clared the result that Rufus T. Peck received 1o3s1
votes and Nichols ,7G0 votes These papers further
declare that votes ranspOsed and used In viola
ton Of the law In the LIST Assembly Dlstritc there
were nine election districts where these ballots wero
transposed. All these ballots were cast in violation
OF the law by having upon them wrong Endorsement
These erroneous Inducements were all on the Ro-
publican votes. The secrecy OF the Ballot law was
clearly overrdden, dehed and set ut naught The
law violated in onOndaga County The statute
was most egreglousy violated not only violated as to
what should appear on the outside of the ballot but In
what should not appear II this of violation Of the
law is allowed TO pass the example VIII 60 to the very
ends of the State Why can 10 not be done In the
500 election districts in New-lork and the 300 In
BroOklynl" The lawyer brazenly protested to be-
lleve that the alleged error was prearranged. In
conclusion Mr.. Mcclure asked the Court tlElt a
mandamus issue, In the first case, TO correct tho
votes received by Mr.. Peck and In the other case
Mr.. Nottingham then addressed the court and SAID:
AS far as the stump speech of my
friend on the other side Is concerned.
might say that have no answer 10 make e. 70 ~,
cerned | will briefly answer them As far as his in
situations OF frand are concerned no falr-mnded per
son will say that they have foundation IN Iact Pef-
haps IL Is born OF the surroundings my friend has been
I'm. In view OF these provisions IL would be an I'M
accountable thing that a Republican County Clerk
would distribute fraudulent votes 10 his own party.
As far as the transpOsltlon Of ballots Is concerned III
couldn't have been anything but mistake. MY
friends are not only lame upon their law, but upon
their practice. They not emitted 10 q man
dnmus, as the facts will prove, NE Nottingham
which, he said. did not constitute the Board OF Can
vassers judicial body 1t was its daty to count the
votes Ii could not 60 outside Of the votes, neither
could il summon witnesses take nflldavits Inc
Court Of Appeals had decided time and again.
How them he said I" Is your Honor TO say 10 this
Board that there $50 defective ballots In the
town Of Camusl Those ballots have been destroyed
The Board OF Canvassers must base Its action on the re-
turns above"
II was O'Clock when Mr.. Nottingham finished his
argument OF nearly two hours. The Justice took the
papers and reserved his decision. .
Justice Kennedy suggested In his court today That
II the recuslnt Third Ward Inspectors had not cor
rected the returns IL would be well to prepare papers
for producing them bodily in court lie was told that
the papers were being prepared. The court then
took recess till 10 a. m. to morrow . -
1t is rumored that Deputy Settle and all the en-
poyes in the Clerks Office will resign, In which case
business will practically be at standstill for ire re
Mr.. Iihlock said this evening that he would not re-
move any Of the deputies assistants in the Office and
that the Democrats did not care about the patronage
Of the Office Mr.. Hallock will hold his Office until
January /, 1892, when De Forest Settle depu Tnder
Mr. Cotton. will take charge lie having been elected
County Clerk at the recent election