The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-09-03
THEY DIE HARD.
Hudspeth's Struggles for
the Ballot Box Suffers
Accomplish Little.
SAT DOWN UPON HARD.
.Bob's Shifty Tactics and Sensa-
tional AfidaVits Were Stale
News to Judge Lip
pincott.

The death struggles of the ballot box
suffers are hard. Yesterday afternoon
two of them, John s. DAILY and Patrick
j. Mahoney were released from the
County JAIL after filing a writ of
error. They each gave $500 bail
Tor their appearance when wan ted
If the Supreme Court should affirm
the Judgment of the Court of Sessions
The bondsmen for DAILY were John Nc
Carthy and David Harper, and the surety
for Mahoney was Thomas Hickey. AS
soon as released from confinement the
two ballot box suffers were congratulated
by their friends, and a general rejoicing
took place.
Today two more of the suffers" were
They were Nat Fowler and James
H.. Jordan. Soon after Judge Lippin-
cott and his associates opened Court the
writs Of error were filed with him, and
Henry ooJTrnes became bondsman for Jor-
dan, and James Hunt and Edward
Kenney did like service for Fowler. The
amount OF bail was So 500 in each case.
The ground upon which .the writ of erEor
was based was the alleged IL
legal admission of evidence at
the trial. Fowler and Jordan were
election officers Gin the notorious Bell
Tower precinct, First district. When
tried. the evidence against them was
very strong. At the close of the case.
when Prosecutor Winfield was summing
up, he dramatically picked up from his
table ballot and read from the reverse
side the following letter.
"Tom, this man is all right. He is
working our way.
Yours. &c..
ROBERT DAVIS.
Tell Tom Kelly also."
THE LETTER THE BASIS
n N1rr g.. L.
asked Judge Lippincot5 to exclude this
letter from the evidence. They said it
had never been offered in evidence
and its use was improper. The
Court decided that Mr.. Winfield
had righJ to read the letter. The bal
lots were all in evidence and il the law
yers had failed to see this letter their sur
prise was due to their neglect. The Court
granted an exception to this ruling at the
request of Senator Hudspeth, and it is
upon this exception principally that the
writ was fled.
Senator Hudspeth and Judge DAILY to-
day said that on Tuesday next they will
make an application to Judge Werts for
| rule to show cause why a msndamus
should not be issued against Judge Lip
p1ncott TO compel him to perfect the
| record of the Court of General Ses-
sions. The object of this appli-
cation will be to compel the Judge to re-
of the Court Of Sessions in fixing the SEN
tences of the ballot-box suffers. The
rule will probably be issued, but there is
great doubt as to the mandamus being
| granted after the hearing is had.
Should the nandamus be allowed, and
the record made MP to suit the lawyers
for the ballot box suffers, they believe il
will show that Judge Kenny and Judge
| Lfppincott did not vote alike, and they
| claim that Judge Hoffman had
no right to vote. That being
| the case, it will be claimed, there was no
sentence found by majority of the
| judges as the law requires. The lawyers
| then will carry the case to the Supreme
Court to test the right of Judge Hoffm an
| to vote for judgments IN cases he did not
| have before him as Judge when they
| were tried.
| SENSATIONAL BUT NO GO.
| Ex-senator Hudspeth this morning read
| some sensational affidavits to the court.
| They were made by Charles Carr, William
| Sweetingham and Lawrence Costigan,
| three of the election officers in the
| Eighth precinct. Fourth district.
The fourth election officer there
was Richard de Huybetter, who
trial. The four men were sentenced yes
terday to a term OF fifteen months each at
State Prison. The aff1davits set forth that
| de Buybetter is an innocent man. He
| acted as INSPECTOR OF Election, bat had
| no knowledge that fraud was being
| perpetrated on election day. The affi.
| dav1ts declare that Carr, SMeetingham
| and Costigan committed all the fraud
| that took place and that de Huybetter
| com mitted none. Annexed to these affi-
| davits was one made by de Huy bette
| who averred that he was innocent and
that he only pleaded non vult beeauce he
| was advised TO do so, that such q plea
would save him from State Prison, for he
! would be convicted no matter how great
| his innocence was.
| The aridavits were submitted for
the purpose of having the Court
| Huybetter. The Court considered the
matter, and tnen Judge Lippincott
said the Court would not reconsider the
| sentence of de Huy better, for it believed
the application was but an experiment.
This" said the Judge. sis a class of
| application that Courts do not re-
gard with favor. 1t appears to
af1davits could have been presented be-
| fore sentence was imposed The affidavits
| are proper ones to lay before the Court of
Pardons, and we will file them, and If
| this case comes before the Court of Par
dons will forward them to that Court. "
Senator Hudspeth pleaded that the
facts contained in the affidavits had been
| known to him long time, but he OBJ
tanned them in the confidential relation
| of counsel and could not use
them for de Huybetter. He pleaded
that it would be horrible thing to send
an innocent man to prison. Judge Lip
pincott cut short this appeal by saying
de Huybetter should have stood trial and
| not have pleaded non vule.
He pleaded by advice OF counsel" re.
piled Senator Hudspeth.
THE COURT KNEW IT,
Everything IN those affidavits were
told to me three weeks ago." said Judge
| Lippincott. u knew of this story and if
the defendant had desired he had ample
time before being sentenced to produce
the affidavit. That was the proper time
for the Court to take action''
"Will your Honor reconsider the sen.
tence and le5 de Huybetter withdraw his
plea of non vult and stand trial?' asked
the Senator as a last effort.
mo, the Couat considers this bui
another experiment." announced Judge
Lippincott.
That ended de Huybetter's case for tbs
present. Senator Hudspeth next made
an appeal for clemency for Carr because
of his ill health. He said Carr auC
Sweetingham had wanted to plead
guilty three months ago and they tolC
the Prosecutor so. but he advised them
to wait until Costigan, who was out o.
the city, returned home to plead will
them. That, he said, was tht
reason the plea of guilty was
made at the eleventh hour. He declared
that confinement in that prison woult
Il Iill hin,