New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1891-12-13
JUSTICE DONE IN DUTCHESS.
JUDGE BARNARD DEFEATS A CONSPIRACY.

JUDGE BARNARD DEFEATS A CONSPIRACY.
HE ORDERS THAT MIR. DEANE's CERTIFICATE BE
SENT TO ALBANY-EMPHATIc LANGUAGE
FROM THE BENCH.
yRoM A STAFF CORRESPONDENT OF THE rRrBUxVJ
PoughkeepsIe, Dec. 12-David B. Hill and the other
members OF the gang OF seatstealers received this
morning knock-down blow squarey between the eyes.
The blow was delivered BY Judge Barnard. OF the
Supreme Court. and 1t came when he ordered certh-
Gates Of election to be made out In the same OF Gilbert
Deane the Republican candidate for the State Senate
In the XVIII Senate District and to Isaac W. Sheriff.
the Republican candidate for Treasurer Of Dutchess
County. both OF whom were counted out
by the Democratic majority on the
Board Of County Canvassers. The Decision,
1t is thought will put stop TO the efforts which the
gang Of consprato have been making to get possession
Of seat for Democrat to which Republican was
elected
The decision grew out Of o. order which obtained
by the representative Of Edward B. Osborne who
tie Democratic candidate whom Hill and his gang Of
heeers was trying to sect, compelling the Board OF
County Canvassers to show cause at special term
Of the Supreme Court to be held before Judge Barnard
this morning, why the alleged marked ballots should
not be declared void and thrown out. This was
pretty trick which the attorneys for tile Demo
cratic candidates expected tn gain good
deal for their II made the Democratic
Board of Canyassers the defendants in the acon and
the Democratic candidates the plaintiffs in the action
The case was brought by Horace Huicut for Osborne,
the Democratic candidate for the Senate, and for
Frank Hasbrouck the Democratic candidate for county
Treasurer. These two men were the REALTORS VIII
lam II. Wood, upon whose Immediate advice as at
torney the Board of Canvassers performed the IL
IA. for
the members Of the Board. He opened the pro-
ceedIngs by reading the following returns
First-That the ballots specified in said writ Of
mandamus were returned to this Board (the Board Of
County Canvassers), ballots marked for identified
tion and this Board adjudged and determined that SAID
ballots were so marked and were void and OF no
effect and so counted them in estimating the de-
Termination Of the result OF said election.
second-That thereafter this Board was reconvened
under and by virtue Of order Of writ OF mandamus
Issued out OF this court and recounted said marked
ballots for Gilbert A. Deane for Senator the candidate
whose name appeared upon said ballots, In separate
schedule as required 10y Section 81 Of the Ballot Re
form law.
Thrd-That this board knows OF no other duty In
reference TO the question Of said ballots except us
may be ordered by this court
THIS ended Woods part In the case, and he sat down
apparently expecting that Judge Barnard would hold
that the Board had its duty the law directs
Robert +. wilkinson who with Joseph H. Choate,
]. Rider Cady and Milton X. Fowler appeared Tor the
Republicans who interested In the case before the
Judge, here attempted to make reply to Woods state
ment. Judge Barnard did not seem to think that 1t
was necessary for the Republican side Of the argu
ment to be made at that time, and he told Mr.. Wildn
son to walt until the other side had made all the argu
ments that the lawyer representing 1t Intended
to make. Hufcut then asked on behalf OF the
Democrats that "inasmuch as there was no return
here that traveses Or denies the facts
act forth. In the moving papers
Judgment be handed down, declaring the marked
ballots to be null and vod.' 70 this Judge Barnard
replied as follows;
IL have carefully read the papers In this applica-
ton for peremptory writ Of mandamus and am free
to say that did not do 60 when signed the papers In
tho first place. have since carefully examined them
and 6nd nothing In these papers to entitle these
relators to any relief. Take this Red Hook case
Here werc thirty -one ballots with only an inlmark
upon thcm with nothing whatever to say that there
was any design in placing IL thereon, that there was
ANYTHING connected With the ballots signifying any
intent upon the part of the voter You cannot de-
pye those thry-one Of their votes becnse there
happens to he ink marks upon the ballots
"As TO the eighteen ballots in East Fishkil, there
Is more cause for hesitancy Here it may be claimed
that a man hos gone to a voter and said: we
have designed scheme under which we Will agree
30 pay you II ballot with this particular name upon
IL comes out of the box But you cannot destroy
eighteen ballots because man has gone to one voter
and made such proposition as that fou claim TO
have proof that this proposition was made to one or
more parties, but you failed to present It, You may
surmise that in the other cases 1t succeeded but you
cannot take away these eighteen votes on such sur
mise without particle Of proof
Here Mr. Hufcut broke In and argued that the
existence of number Of ballots which had been pre-
pared In certain way raised the presumption OF intent
to defraud The law, he added, Intended to provide
secret method of voting but these ballots were all
marked in the same way and in the same hand-
writing. The names Of the men who voted them were
thus identified.
Eyes, replied Judge Barnard, "you connect tho
votes but YOU do moi connect the voter There is an
absence of proof to establish this writ Unless the
papers show sufficient facts, If they are true, 10 ehuue
YOU to relief the proceedings must be quashed al any
stage of the proceedings. Even If you should SO UP
on appeal that fact would be fatal to you at any point
To claim that ink marks on those oaiiots shouio
destroy the ballots is absurd
Mr. Hufeut again interrupted the Judge. saying
81 am talking judge Of the eighteen ballots voted In
East Fshkill.'
Judge Barnard would not be thrown OF BY the inter
run,ion and he continued talk about the quad
ballots that had been voted In Rcd Hook and which
we're thrown out by the Board Of County Cmvassers'
In reply to Hufeut he said: Yes, but those thlrt.-
one ballots dispose OF Mr. osborne's case and II Is
not necessary 10 consider those eighteen votes io him.
As to Mr. Sheriff.. they may be necessary
The Democratic attorney was becoming much rls-
t,,rbed at the manner In which Judge Barnard mad
talked regarding the case, and he again sought 10
change the Of the Judges language.
There Is not man I'm this room.' he shouted
a,grlv swho does not know that these ballots were
marked for Identification. Here was scheme put up,
and we showed both ends of it. The chain OF cir
cumstantial evidence is complete
Judge Barnard didn't allow himself to become atau
disturbed by the wild efforts OF the lawyer TO make out
AZ good a case possible for his party, and he
went on as follows: admit that the scheme was
nroved Unless you brought IT home to each one Of
the eighteen men should nonsut you II were trying
thi, case You are wasting arguments The fact
that these ballots were prepared with evil intent may