The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1892-07-11
BELL TOWER RASCALS.
Another Batch of Ballot
Box Suffers on
Trial.
PESHALL'S 1ECHNICALITIES
Foundations for an Appeal to the
U. s. Gourts-Winfeld's
Opening.
'ESHALL'S 1ECHNICALITlES

| clnct. of the First district, were placed on
trial today. for their share in the great
election fraud OF 1889.
The three men realized thoroughly
their grave situation and apparently be-
lieved it to be a ballot box stufing fu-
neral. for all wore black clothing and
neckties. The red face of Fowler
looked more flushed than usual
when he entered the Court room, and the
pale face of Jordan was more pallid,
Reen was very nervous during the pro-
ceedlngs and seemed to be fascinated by
Charles j. Pershall who was present as
counsel and watched him constantly.
Mr.. Pesh all at the outset began his
system of technical defence, probably be-
lievIng that nothing but technicalities
would save the men from punishment.
He had prepared number of objections,
which he handed Judge DAILY when the
! case was moved, and the Judge presented
them. backed by Senator Hudspeth. The
| objections given further on in full do not
impress the members of the bar as being
very weighty. aud lawyers sgenerally do
not think the high Court will recognize
them on appeal. 1t is the intention of
Mr.. Peshall to endeavor to get all OF the
cases into the United States Supreme
Court, and his objections were made to
lay foundation Tor that purpose.
Judge Lippincott and Judge Kenny
heard the testimony, and while counsel
were selecting jury, Judge. .Werts took a
| scat beside them for half an hour.
One of the earliest arrivals was Colonel
W. S. Sharp, ex-Sergeant-at-Arms of the
| Senate, who has custody of the ballots in
| dispute. The Colonel and his bag of bal
| lots have become familiar figure about
the court house. The case will prob
| ably close tomorrow.
PEsHALL'S POINTS.
| When the call of the Jury began. Judge
| Daily addressed the Court, saying: eff
| your Honor please, we ask leave to with
draw the plea of not guilty to file de-
| murrer to the indictment. The de-
murrer Rises the same points that q mo-
tton to quash the indictment raises"
u don't think this is a good practice at
| this late hour" commented the Prose-
curor.
'The demurrer may be fled and the
Court oVerrules It," said Judge Lippin-
cott
Judge DAILY next produced the chal-
lenges prepared bv Charles j. Peshall and
said:-"We challenge the array of the en-
tire panel of fortv-eight Jurors for these
reasons: First, because sections 49, 10
and "a of the revised Statu tes are in yio-
.ation of the Constitution of the United
States and the State of New JERSEY.
Second, tnat these defendants are citizens
of the United States and entitled to equal
protection OF the law and are guaranteed
bv the Constitution of the United States
and State OF New Jersey an impartial
trial by such jury and that the struck
jury is not jury of the county, and de-
prives defendants of an impartial tsialn
II suppose" said Judge Lipplncott.
''your objections are on the ground that
10
the Constitution. This Court cannot en-
ter into this question and can only follow
the Statute of the state"
"We further challenge the array on the
ground that the forty-eight Jurors were
struck without the presence of the de.
PENDANTS or their COUNSEL" said judge
Daley" and that the jury is virtually a
panel drawn by Your Honor and submit
ted TO counsel"
1.-The Court. said Judge Lipplncott.
prepared the list and then submitted il
to counsel to strike twenty. four names
then and there it was their fault The
records of this Court snow that this was
DONE"
I'VE challenge also," clulned In Sena.
tor Hudspeth, "because the Jury was not
struck from the jury book as required by
| statute, and this we offer to prove, aud
also that the return of the Sheriff does
not show that the twenty-four men are
now in Court and that four of them are
absent"
Judge Lippinco;t everruled all the mo-
tions, and counsel for the defendants
were allowed exceptions.
THE JURY.
Counsel next proceeded to select a iury
and after considerable cross-examination
that lasted until noon, and a number of
challenges were made, the following
| jury were chosen S ~
Cha les B. Thurston, foreman; Willard
| C. Carter, Henry ). Gordon, John Run
Warren Hardenberg, Albert j. Vree land
Richard g. Fessenden, Samuel Hath
away. jefferson McWillfams and George
| Sherill
THE CASE OPENED.
In opening the case for the State.
Prosecutor Winfield satd:-"After some
delay in waiting for the decision of the
court of last resort, we are here again
prepared to start our summer
campaign, and hope before fall 20
close it. These defendants,n look
ing to the seats where Jordan.
Fowler and Reen should be. and noticing
the absence of Resn, the Prosecutor
| asked, Where is ReenP" An officer was
sent for him and found him in the street,
| and the Prosecutor continued. ''These
three men and man (Thonlas
Reidy) not YET arrested, were
indicted for conspiracy to defraud
in the fall election OF 1892 He went on
to show that the accused did not comply
with the law in making copies of the reg
istrv. They entered 271 names illegally
on the poll books by using initials, abbre-
viations and ditto marks. They recorded
no noon recess certificate.
son the last page of the book" said he.
latter skipping eight or ten blank pages
the certificate was entered, leaving room to
| fraudulently enter many names. When
the polls closed at night it is the dnty &c
the Board to certify Che total vote polled.
this was not done, and the number of
votes was left blank and has not been
filled in yet"
"Oh you are wriggling now,n exclaimed
Senator Hudspeth
/ ''Wrigglingi Yes, you have been wrir.
Cling for two wears and have wriggled n
! lot of these fellows into State Prison, and
you will wrggle more uhen," shouted the
Prosecutor IN feyly,
81 submit this IS not fair" said the
Senator II only want the Prosecutor to
state what he will prove'
You brought it upon YOURSELF said
the Court. land the Court cannot prevent
the Prosecutor stating whatsne exp poets to
prove"
THE COUNT
Continuing, Mr.. Winfield said that the
dial of tne box registered 1875 vores but
the STRING showed 279 ballots
polled and there were ten loose
ones in the box or 239 ballots
presumed to have pas ed through the