New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1893-11-05
MORE ARRESTS ORDERED.
JUDGE CULLEN GRANTS A PEREMPTORY
MANDAMUS TO MR.. GAYNOR.
JOHNSON sURRENDERs HIMSELF AND is RE-
LEASED ON BAIL-wARRANTs FOR SEVEN

JOHNSON SURRENDERS HIMSELF AND 10 NE
LEASED ON BAIL-wAIRANTs FOR SEVEN
GRAvEsEND ELECTION INSPECTORS.
Th, bold effort on the part Of McKane and his
merry men to override the laws in conducting the
election in Gravesend, L. l.. has met a needed
check by the legal steps instituted by william J.
Gaynor and conducted in the Supreme Court
where Judge Cullen sat to afford all needeo
facilities for invoking the aid Of the law
The warrant ISSUED by Judge Cullen for the
arrest of Nicholas j. Johnson for violation OF the
election laws could not be served yesterday, but
Johnson decided to surrender himself. When
he did so he was served with an order to snow
cause why a mandamus should not ISSUE Inc
hearing came up before Judge Cullen IN the
Supreme Court. Johnson appeared In court WIN
Mr. Roderick his counsel, and surrendered him-
self The Sheriff was sent for to take him into
custody. Under-Sheriff Mclaughlin took charge
Of him. and he was arraigned on the charge OF
violating his oath as election inspector by
turning over the original OF the registry list In
his district to the police. and In not postlng
copy Of 1t.
His counsel asked for an adjournment, but
this was denied. and the preliminary examina-
ton was ordered to proceed. The question or
bail was argued by ]. A. Weinberg, who said
that there I'D been open violation OF the law
and evasion of the orders Of the court. mis-
demeanor under the code and felony under
the statutes Of 1892, punishable by imprison-
ment from two to ten years, had been COM
mitted.
Counsel for the prisoner said that his client
had not been served with an order and had
gained his only knowledge that his arrest was
sought from the newspapers. The amount OF
bail was fixed at $4,000 by Judge Cullen
AFTER THE OTHER INSPECTORS.
Seven warrants were then issued by Judge
Cullen on the deposition Of w. E. c. Mayer,
for the arrest Of John H. Brownhill, James
H. Cropsey. Harlan Crandall. Frederick Boder,
BENJAMIN Cohen, NJ. p. Ryan and Conrad
Stubenbord inspectors of election in Gravesend.
Bail for Johnson was given by John Curran,
and Johnson was served with papers to show
cause why a mandamus should not be issueo
requiring the registers to give Mr.. uaynor y
facilities for getting copy OF tne resnsed sne.d,
tion lists His counsel said that he was ready
to 90 to Gravesend and see that the copy was
allowed to be made, but United states Ostrict-
Attorney Johnson would not consent uhess
q mandamus was issued. Thereupon tllhe was
given to Mr.. Roderick to make return 10
the order to show cause until ?. m.
A plea for delay was put In by Mr.. Roderlck
vhen the case came up, but Judge Cullen over
,uled this. saying that the case must be dis.
nos ed of summarily. Mr. Roderick then claimed
that when the order was served on Johnson the
afrdavits were not served upon him. HIS sec
ond objection was that the afdavit or Mr.
C;rout did not state that he attempted to see
the copy Of the registry list In possession OF OF
Mr. Johnson He also claimed that no demand
had been made for the lists
JUDGE CULLEN ACTS PROMPTLY.
.Iesse Johnson. in response. offered to serve
tho napers ut,on Mr. Roderick, and Judge Cullen
allowed service Mr.. Johnson said that upon
the merits of the case the matter had become
one of large publicity and it had been known
for a week that Mr.. Gaynor had been seeking
TO get a copy Of the lists OF registered voters
in Gravesend. Mr.. Grout had gone to the
town. and was unable to get access to the lists.
The affidavit Of f. NJ. Grout was read, setting
forth the facts.
Judge Cullen said that on the facts ne would
grant the peremptory mandamus sought. The
duty of the registers was to be construed reason
ablv. 1t would not increase the liability OF the
defendants to allow the writ to issue The
reasonable way would be to have some one to
read out the names, and permit all who wanted
to to copy them. The formal order was drawn
up and signed by Judge Cullen. allowing Mr..
Gaynor or his agents to copy the list In the dis
trict in which Johnson was register. at any
reasonable time. AS the writ cannot be issued
before Monday the lists cannot be copied until
that day.
The orders to show cause in the Second and
Third election districts in Gravesend were ad-
journed until Monday afternoon.