The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-08-03
Point Number One in To-
days Ballot Box Stuff
erS' Trial.
LOUIS HELLER'S SICKNESS
Hudspeth Wants His Evidence, but
the Court Goes Right on with
the Trial.


and Louis Heller. Jr., of the Second pre-
ctnct of the Third district. When Prose-
cutor Winfield moved the case Judge
DAILY, Senator Hudspeth and Counsellor
Manion arose from their chairs and
Judge DAILY asked the Court to adjourn
the case. He said that Louis Heller. Jr.,
was dangerously Ill in the City
Hospital and prod uced certificate from
DR.. Varick to that effect. He also read
affidayits made by the three other de-
PENDANTS that Heller was the poll clerk
and that it was absolutely necessary for
them to have Heller's evidence. Judge
DAILY insisted that the defense could not
go to trial without the presence of Heller.
Judge Lippincott denied the motion
and directed that the case proceed. Sen
ator Hudspeth and Judge Daily conferred
briefly.
HUDsPETH's PROTEST,
Then Senator Hudspeth nervously
Jumped up, exclaiming:-"Your Honor,
say We cannot go to trial
without Heller's evidence, and If
the Court forces the trial now
cannot conscientiously defend these
men," The Senator pleaded hard for de-
lay. but Judge Lippincott declined to
jury began. This was interrupted by the
usual challenges and disputes of counsel
and exceptions to the Courts rulings.
Senator Hudspeth reconsidered his
resolution that shis conscience would
prevent prevent him from defending the
cross-examined the jurors challenged
with an energy that rendered those
gentlemen miserable. When every effort
possible had been made by Counsel to
exhaust the panel, the following jury
was select ed:-Richard A. Bridgman n
Cheney, George F. Lahey, Sllas B. Ogden,
William P. Wescott, August Zeller,
Justin E. Eitz, Peter S. Van Winkle,
Robert Myer, Francis Biggins and David
A. PeIoubet.
wINFIELD's STATEMENT.
In opening the case of the State. Pros
ecItor Winfield said in part
not on trial. were injected for con-
spiracy to obstruct the election laws
of the State in 1889. Conspiracy is
when two or more men act together to
accomplish Illegal results. It is crime
that can very rarely be proved by direct
evidences and conclusions must be formed
from the acts of the accused. The Judge
OF election taxes the ballots
When voter approaches, and
lne Inspector mas register
book with the names of men entitled to
vote upon it. When the voter presents
his ballot his name is announced by the
Judge, checked by the Inspector and
written down by the poll clerk. All
three, you see. act together. and the elec-
tion law is so strict that no ballot
can be received without q decision
to do SO by the Board of Election officers
The law to protect these men provides
that If any member of the Board object7
TO the acceptance of a vote he may enter
such objection upon the poll book If he
fails to do SO he may be held responsible
for the acts of the otherS
I'VE find that in this precinct the
register contained 542 names, and th at
the two certificates required by law are
entered in the book, but that the certifi-
Gates state that the number of names was
SAT and not 542. The law requires
the names to be written in order
and at full length. and not
abbreviated or initials being used. 1t is
not compliance of the law TO write ini-
tials for names On this book there are
ISL authorizations and 1853 initials. or 449
names illegally aud contrary to the
statute upon the book. There were
checked on the register 295 names
as voted, while the dial on
the ballot box indicated, but 277
votes. The number Of names on the poll
book is 297. The number of ballots on the
string was 29l and fourteen were loose in
the box. When these men entered cer-
tiflcate of the total number of votes polled
up to the time OF taking the
it beneath the last name but
wrote it upon the margin. In the ballot
box twenty-five jokers were found. thir-
teen of which were not stamped or pune
tured. Seven loose jokers were also
found In the box How these ballots got
MFR "a hoip rlz =
l am unable to say. unless they were
some of the ballots placed in the cigar
box. which was used for time to vote
in. or unless they were folded inside of
regular ballots and voted. Two
dead men whose bones had for many
voted in this precinct at this
election. Twenty-six names checked on
the register were noTon the poll book at
all. and we will prove that many of the
alleged voters did not live at the ad-
dresses given on the poll book"
The Prosecutor referred to the alpha
betical voting in the precinct, and with
an eloquent appeal to the jury, asked
them to follow the evidence closely and
to convict the defendants If the testi-
mony warranted it.
THE EVIDENCE.
City Clerk Scott, the first witness, testi-
fed as to the boundary of the precinct,
and City Marshal Long succeeded him on
the witness stand. He testified that the
ballot box in the Second precinct was out
of order election day and that until
he repaired it votes were deposited in a
cigar box. Colonel w. S. Sharp. Ser
geant-at-Arms OF the Senate, testified th at
he had been the custodian of the ballots
since the Senate investigation and that
they were In the condition he received
them.
William Rowles Of No. 94 Hudson street
testified that he knew Thomas Dwyer
Dwyer lived In his house. He was killed
Decoration Day 1889.
"He is down on the book as having
voted the following November" said the
Prosecutor to the Court rigid cross
examination by Judge DAILY failed TO
shake this evidence. Court here ad-
iourned for lunch.
AFTER RECESS.
Samuel r. Finney te titled that he was
watcher at the polls. He saw one of the
men shake the ballots when he canyassed
them. After objections had been made
six.times to this proceeding, one of the
ballots that were being shaken WAS
opened by watcher and a joker ballot
was found In it.
~ saw two joker ballots fall out of the
regular ballots when they were unfolded.
the witness, finishing his evidence Cross
examined by Senator Hudspeth, MI. Fin
ney said others saw The joker ballots
fall from the regular ones. He
kept tally of the coHnt and there was a
difference Of two votes between his bo ok