The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-08-04
In THE JURY'S HANDS.
The Ballot Box Suffers
Will Know Their
Fate Today.
DALY'S INGENIOUS APPEAL.
Winfield ON the Tyranny of Politi-
cal Crime-Last Evi-
dence.
DALY'S INGENIOUS APPEAL.

when Court adjourned, SO that today the
principal interest in the case centred in
the summing up, the Judges charge and
the verdict.
When the case was continued after re-
cess yesterday, Martin Ward, of No. SO
York street, testified that John Mullery
did not live in his house in 1889. He was
down as voter. Mrs. Coohilan, of No.
Ga York street. swore that Alderman
Michael Day did not live in her house in
1889. He was on the book as voter.
The Alderman was called as a witness
and he testified that he did not vote in the
Second precinct that election day. He
did not register.
Julia Mcdonald of No. Sc Grand street
swore that c. Higgins did not live at her
home in 1889. He did odd jobs tor her
about the stable, but never lived there.
Higgins was dewn as a voter. Charles
Hagen OF No. 254 Washington street WAS
not sure that he voted in 1889. The poll
book had him down as voting twice.
Hagan swore he never did that.
George j. Campbell, druggist on Mont
gomery street testified that he moved out
of the Second precinct. and he directed
the election officers to erase his name
from the registry, which was done.
Shown the poll box by the Prosecutor.
Mr.. Campbell's attention was called to
the fact that his name was recorded as
voting, and had been subsequently erased
with pencil. Il never told any one to
erase my name from the poll book. did
not know my name was there. did not
vote in that precinct" he said.
Captain John Graham testified that No.
Greene street, No. 80 Greene street and
No. 81 Hudson street are not In the Second
precinct at all. A number of men voted
from these houses. Catherine Baxter of
No. IA York street testified that P. Ben
son died in her mouse in March, 1888. He
was recorded as voting in 1889. This
closed the case for the State.
HUDsPETH's CASE.
Senator Hudspeth presented the de-
fense to the jury. During his remarks he
took occasion to declare that Prosecutor
Winfield only sought to convict the bal
lot box suffers because public
opinion demanded it. He in
timated that it made no
difference to the State whether an ac-
cused election officer was guilty or inno-
cent. He must be convicted to satisfy
the clamor of the people, aud the Prose
cutor was exerting every effort to satisfy
the demand. The Senator admitted that
there had been a gigantic conspiracy in
1889 and said the joker ballot was the
centre of it ana the foundation. The
conspiracy consisted in getting these
joker ballots into the boxes. The
the man who concocted the
infamous scheme and declared
that he and his assistants should be where
the defendants in this case were. Con
Guiding his forcible denunciation, Senator
Hudspeth said: THE existence of the
Joker ballot was unknown until the Sen
ate Investigating Committee unearthed
= 4 he h 1oir ~
throughout the land that the State was in
the possession of a political banditti. The
press demanded that some one must be
punished, and the result was the indict-
ment of the defendants on trial with other
election officers"
AN ILLEGAL CUSTOM.
Edward McCaffery, candidate for Free
holder in 1889, William S. Stuhr, candi-
date for Senator, and Police Sergeant
Joseph Carroll. Testified that they saw
no wrong doing at the polls on the day in
question and then City Clerk Scott be-
came a witness. The defense wanted to
prove by him and the records that it
had for twenty years been the custom to
record voters by initial letters, and that
The Prosecutor objected on the ground
that continuous illegal act
was not custom that be-
came lawful precedent. "You might
just as well cite the murder Of Abel
by Cain aud all subsequent murders TO
prove that the last one in this county was
justiflable, )" commented the Prosecutor.
The Court sustained Mr.. Winheld's Oh
lection and the defense took an excep.
JtOn.
James Lynch, assistant clerk in the
Bureau of Vital Statistics, was produced
by the defense to prove that P. Benson
did not die in March, 1889. Mr.. Lynch
said he had no record of the death In
that month The record of the death oil
Thomas Dwyer was on the clerks regis
ter. These were the two dead men who
voted
William Mailly, father of one of tn;
defendants, testified that he was at the
polls in the Second precinct all day and
during the Canvass. Il am Republican. u
| he said, "and during the canvass
watched the count and saw Finney
| taken from the box. They were laic
| aside. When the count was over Finuey
| said everything had turned out exactly
| right and agreed with his tally.
| THE PINKERTONIAN STORY.
Thomas Mailly, one OF the defendants
rext took the witness chair. He said :
| 81 am twenty-five years old and lived al
No. 113 Montgomery street. was an in
| spector In the November election. 1859
On the first registry day, entered about
| a dozen names. On the last registry day
q gentleman left a list of names with n.
| and they were registered. / was on duty
| all day election day, except when we ad
| journed at recess. Patsy Mahoney ant
| l checked the names ON the register whea
voted. wrote nothing in the poll book
| When the vote was canyassed, l strung
the tickets. l don't remember who wrote
| the certificate at the noon recess on ths
margin. did not sign it. That is not
my signature" Shown the register
II signed the certificate at the end Of Jh,
| poll book"
''Did you see any illegal voting done
| or attemptedP" asked Senator Hudspeth
eyes, challenged man who wanted
| to vote under the name Of Goddard, ant
the Board sustained me. We all knew
! Goddard. The man who wanted to vote
| got away. Thatsis all of the illegal work
| ballots put into the box. Sam Finnel
kept tally. and when the canvass was lin
ished he said, We'll. everything looks al
| right noticed nothing suspicious whel
| the Judge took the ballots frcm the box
| / saw him throw out some double ballots
and we counted them as scattering"
Cross-examination by Mr.. Winfield wit
| ness said:-
"We only stopped counting when W,
reached the last ballot. don't know
| why there were more names on the pol
| books than ballots in the box. / am no
I certain whether I signed the certificatl
| at the end of the book at noon recess o.
! when the polls closed at night VIZ
| counted double ballots as scattering.
"Wh hat do you call scatteringf" askee
| Mr.. Winfield.
.Them double bailots.n
THAT is scattering is itra thunderei