New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-11-25
THE THEFT OF DEANE'S SEAT.
REPUBLICANS TO FIGHT IN THE COURTS

HOW THE FIFTY THREE VOTES CAST FOR THE
REPUBLICAN CANDIDATE WERE FINALLY
COUNTED FOR osBoRNE-EyEN DEMO
Gratis INDIGNANT-AN ALLEGED
REMARK OF JUDGE BARNARD.
Poughkeepsie. Nov. "a. Especial. The attack
of David b. Hill on the judiciary Of the State
evidently was made for purpose. Whcther OF
not ii will have the effect intended VIII be seen
when the attorneys for the Republican members
of the Board of Supervisors of Dutchess County
apply to Judge Barnard, of the Supreme Court, Tor
a mandamus to compel the Democratic members
of the Board to reconsider it's action in stealing
the seat in the State Senate to which Gilbert A.
Deane was elected.
If the course followed by the Board Of Super
visors of this county should be held by Judge
Barnard to he legal, then there would be no further
use of ballot-boxes ballots, inspectors of cleo
tons ANY majority which candidate might re-
ceiye could by the process used here be over
thrown and his opponent declared the legally
elected officer This new process of counting out
elected candidates is undoubtedly Of David Is
Hills invention, for there are few politicians IN
this State who would dare take the bold ana
audacious stand that he has taken in this outrage
on the voters Of the State, or whose minds reach
the low level of trickery and political unscrupu-
lousness that his reaches But the robbery of the
dead to him is no doubt not crime, for the DEAD
cannot act and defend themselves.
1t is doubly unfortunate at this juncture that
MI. Deane succumbed to the fearful malady that
attacked him, because there is no to take his
place in the legal proceedings which are to be
begun by the Republican attorneys to prevent the
consummation Of the steal 1t has made them un-
decided as to the better course to follow. Had
Mr. Deane lived there is no doubt but that by
this time the Democratic members Of the Board
Of Supervisors would have been brought before
Judge Barnard to show cause why they had not
counted the returns as the law directed. The law
on this point is specific, and the simplest mind can
understand it clearly. If this had been followed.
| not a single vote for Mr.. Deane would have been
| changed, and his legal plurality in the district
would have been seventy-seven.
The provision of the law governing cases OF
marked ballots was amendment which was
made to the Ballot Reform law during the last
session of the Legislature 1t was drawn up by
State Senator Saxton, the author Of the bill, for
the sole purpose of preventing just such frauds
as the one just committed in this city. So that
the readers of The Tribune can see for themselves
whether or not the Democratic members of the
Board of Supervisors of Duchess County have
even tried to follow the mandates of the statute
in question, the amendment, which is part OF
Section 3ll, of the Ballot Reform law, is here
given. 1t is as follows:
When an inspector of election or, other election
officer or duly authorized watcher shall, during
Sereof, declare lis belief that any particular ballot
or paster affixed thereto has been written upon or
marked in any way with the Intent that the same may
be identified The inspectors shall Wite ter oI nas
certificate of canvass, and include in said certificate
statement of the specified grounds mP9n When When the Inc
votes are to be estimated and the result declared by
board OF county canvasscrs, or othef Officers per-
forming similar duties, such board or officers shall
mention Separately in the statement certificate OF
canvass the number of votes thus questioned wllSn
the hea to Of be ca @ya as snc f
ballots shall counted in estimating ths result 81 ~. in
election but within thirty days after the Ming Of the
certificate declaring such result roa w aga,0 0s dhn bon
OF canvpsscrs, or officers acting as such bOarl Dy
the ballots were counted 60, upon t6e p reae
recount OF the votes, and all questions relating 10
tho validity Of such ballots ans as to EsefhG in ne
proceeding. All such ballots shall be preseryen lor AZ
least year and until the ,Sf boa ps ond
boards OF canvsssers shall be continued IN existence
for The purpose of such proceedings.
Never was legal point more clearly defined, and
il any attention had been paid to it, not one OF the
Gfty.three ballots which were held TO have been
marked ballots could have been thrown out.
They should have been counted by the Supervisors
termne whether or not they were legal ballots.
The fifty three votes which were deliberately stolen
from Mr. Deane comprised, in the first place,
tbirty-one ballots that were cast in the town Of
Red Hook These ballots were marked, but not
by any vicious and evilmnded Republicans TO
show how they voted. They were marked by the
presses on which they were printed by two small
leads getting out of place and leaving an indstinct
square spot. These marks, it must be remem.
bered, do not appear upon any paster ballot which
may have been used, but they on the official
ballot printed under the authority of the County
Clerk, and at the polls given TO the voters by the
election inspectors. Only one Republican paster
was used in Red Hook, and it so happened that all
the regular ballots which had these marks upon
them were Republican.
1t is not altogether certain that there were
thirty.one ballots so marked. The original re-
turns which were made by the Democratic in
spectors to Edward Sturgess, the member of the
Board of Supervisors from this town. contained
mention Of any sort of marked ballots. Stur-
CESS it will be recollectcd, was Democratic Mem
Der Of Assembly from Columbia County in the
palmy days Of William NJ Tweed, when $4,000
brides were common thing. At that time, num-
Der Of the NeW-York papers made serious charges
against him. Sturgess admitted that the original
returns did not mention anything about marked
ballots, and he said that he gave the returns to
one of the inspectors to have them fixed up"
This inspector Democrat, and the returns
were fixed up by him alone. lie did not call
o meeting Of the full Board of Inspectors as ne
ought TO have done. The returns were ont Of the
Supervisors hands for over two days, and they
were not returned until after David b. Hill had
send word into the district that everything must
be done to keep Mr.. Deane out of his seat.A
The next set Of marked" ballots which were
illegally deducted from Mr.. Deane's vote to make
Don't ruin your system with violent purgstiyss and
bills. For bjeusness hesdache constiraton mica -