The morning call., 1892-12-25
BALLOTS SACRED.
The Supreme Court flakes
a Strong Ruling.
REGISTRAR BROWN UPHELD.
Napthaly Discharged, as No Jury
Would Convict Without
the Ballots.

The preliminary hearing into the Nap
thaly fraud case was continued before
Judge Slack yesterday morning at 9
o'clock.
Register Brown took the stand and At
torney Beatty asked for an order upon the
Registrar to open the ballots of the Seventh
precinct, Thirty-sixth District
The court said the order had already been
made.
Mr.. Beatty-Have you brought the ballots
with you?
Witness No, they are in the vault down.
stairs
"Why do you not produce them?"
because my counsel, Mr.. hegerty, ad-
viseS me not to-"
Mr.. Thornton-Did you not appear volun-
tarily on Thursday with the ballots?
Witness-No, 1 did not appear volun-
tarly. bad them in my hand. but made
no motion to open the seal. / was first ad-
vised not TO give up the ballots the day be-
fore yesterday by Mr. Hegerty.
The COurt-You refuse TO produce the
ballots?
Witness-Yes. under the advice of my
counsel
The Court shall make an order COM
uniting the Registrar into the custody of
the Sheriff for twelve hours for contempt of
court 1t is only nominal punishment.
Mr.. Thornton thought the proper way
would b. to fine and imprison the Registrar
Tor twenty-fOur hours, so as 10 compel him
to seek a remedy.
delay the examination. The writ of habeas
corpus would be prepared at once and filed
in the Supreme Court
After an lateryal of a few minutes it was
intimated that the Registrar might change
his mind.
a brief consultation was held, when the
Registrar announced: Il have decided to
stand pat"
The court was then adjourned till the ar
gument took place before the Suprem g
Court.
The writ was prepared and filed in the
Supreme Court, Attorneys Sullivan, Beatty
and thornton being present.
After the Judges had consulted for about
an hour 1t was intlmated that the writ
would be issued returnable at O'Clock
AT 2 o'clock counsel appeared before the
Supreme Court. All the Judges were pres
ent. except Judge Sharpstein.
Chief Justice Beatty said the question
before the court was that if the order of the
Superior Judge was valid the Registrar
must be detained; if invalid he must be dis
charged.
Attorney Sullivan, on behalf of the Regis
trar, opened the argument, cOntending that
under Sections 1865 and 1866 Of the Political
Code the Registrar must keep the ballots
unopened and unaltered for twelve months,
unless contest arises over the election In
some competent tribunal. Except in that
one contingency there was no provision or
rule OF evidence requiring him to produce
paneTS In his possession in court as evidence.
de claimed that tie Registrar came under
the privileged class. the same a. a lawyer.
lie referred to the great evils that might
result II ballots were brought into the Police
Court and left over night in the custody of
clerk like Joe Cook. If So there would
be difference in the morning.
Mr.. Thornton contended that sections
1865 and 1866 of the Political Code must be
construed generally. The Registrar was in
the same position as the Secretary of State
and County Clerks in regard TO the custody
of documents. The same rule applied also
IN divorce proceedings.
He appeared for Mr.. Scott, defeated can
didate. aud asserted that Attorney Sullivan
appeared for candidate who was elected
and who would remain all the more secure
In his position If the ballots were not
opened.
Il deny it." said Sullivan.
Mr.. Thornton continued his argument
characterizing the evils set forth by the OPP
posing counsel as purely imaginary. The
public Interests were superior to all other
interests. and as no harm could be done bv
opening the ballots he urged that the writ
be not granted.
m Mr.. Sullivan. in reply. said that Mr..
Thornton was attempting to use the crimi-
nal courts 20 see whether his client was
elected or not. 1t was laid down that if
ballots were opened they could not be re-
eeived as evidence in the case of contested
election.
The Court retired to consult, and returned
in about twenty minutes.
The Chief Justice said: "The court is of
opinion that the petitioner ought to be dis
charged as the order by Judge Slack is ille-
gal and invalid. The statutes cantrol In
this matter. 1t is clearly explained that the
Registrar must keep the ballots for twelve
months, and when there is no contest the
ballots are to be destroyed.
Ihere is only one way in which thew
shall be opened and that is in the event of a
contest. when the law adopts the strictest
| precautions as to the integrity of the ballots
| There was no choosing between one or two
alternatives The law requires that the bal
! lots shall be preserved except in the case
of contest, and the same could not be held
In other eases without defeating the objects
of the law"
The attorneys thereupon retired and made
their appearance before Judge Slack
Mr.. Beatty announced that the Supreme
Court had discharged Brown. and that ended
the evidence for the prosecution.
The Supreme Court decides that the BAL
lots cannot be opened /" asked Judge Slack.
Mr.. Beatty replied in the affirmative.
Well said the Judge, "if that is the
law, while there is strong evidence on the
part of Brighton that forgery was commit
ted, and eorroborated in part by WOodhGuse.
L feel sure no jury would convict without
the production OF the ballots, and there
fore see no object in holding the prisoner
The prisoner is discharged"
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