The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1893-06-01
BOYLE BACKS DOWN.
Sudden Collapse OF the Freeholder
Contest-Not Votes Enough.

The hearing in the application Tor
recount of the ballots cast for Freeholde r
in the last election in the Kearny section
of the Seventh Assembly District was be-
gun before Judge Lippincott today in the
Circuit Court. AT this election William
Hanna OF Harrison was the Republican
candidate, and Andrew ]. Boyle OF this
city WAS the Democratic candidate.
When the County Board of Canvassers
canvas-ed the vote the face of the returns
gave Hanna a majority of 900 IN hoarny
and 240 in the entire district. The he
publican majority in Kearny was un-
paraleiled.
Mr.. Boyle believed that this majority
was an Illegal Que and he filed Il petition
for receuht of the votes in the four
election districts In Kearny. The hearing
today was 10 make this recount III the
Circuit Court before Judge LlpplncoGt
ahd to receive a judicial decision.
Collins & Corhiu aud Counsellor Ken
ney appeared for FreehoIder Hanna, and
Allan L. McDermetf, Senator Daily and
Lawyer Dougherty represented the con-
testants. AS soon as the case was called
ex-Mayor Collins moved that the Court
clismiss the petition and vacate the order
fora recount. IL was based upon ths
Same grSpads published recently in The
JERSEY CITY NEWS. Judge LfDpincott
deniei he motion aud allowed Az exceP-
llon Is the ruling.
WDlialh Smith. Tswn Clerk of
Eetlpev. Republican testified as TO
the polbGal complexion OF the Township
Trustees, and about the nominations for
different offices to be filed at the last
elecliof. Smith admitted that he con-
ducts his office in niust careless man
ner, bYatestifying that when the certlf1-
cate OF nomination OF Hanna was filed
In his ofice, ne did not, as required py
law, endorse 1t as to the time aud date
when fIea. As record, therefore, il
was useless. Smith said he had NOT
brought the election returns with him 60
court. but nad fetched the poll and regis
try books. This concluded his evidence
aud Counsellor McDermoJ5 sent him back
TO Kearney after the returns.
.A.joseph FfapcIs Crowell. the ne xt wit
ness. testified That he WAS delegate To
the Democratic Convention which no aai-
hated BOYLE.
| CroRs-examined, he said that the Con-
ve,ltion was held at the Five Corners,
| city, thai there WIS no kick against
Boyle except among the Harrison and
some Kearny delegates and voters. The
majority of the Kearny voters were III
favor Of BOYLE. He said he heard demo-
Gratis say after the election that Boyle
would be defeated.
| Allan L. McDermott in defining the
| POSITION the contestant said that unde'
| the BailetsfteforEn Law candidates of any
party might be ob Il ticket in a lapnicipa
| election. bat WIiefe nomination was a
| party once, made by party in couven
tiep. snly tie name for the nominee for
| thai Office, such as that of Freehclder
| could2ee placed on that tipket as caHdi
date fDr that Office. The Ticket became {
party Ttlcket and the law demanded thai
l party tickets alone should be recogTizsd.
i MIR. Collins said be did not believe tni
! to be the law and laughed at Mr.. Nc
| Dermetts claim. The latter retorted:-
'.Inat Ii our contention. and think
will stand"
David Kerr and David Allen, Jr.. re
| puolicans. testified as to the nomination
| by the republican convention of William
| Hanna for Freeholder. and then ex-
| Judge McDermott directed that th'
| oallos box from the first election district
be opeued. No one had the combination.
aud then the other boxes were tiled
| Eiuallv the box of the fourth election
district was opeued, and the recount in
| fssAty began.
After tne boxes were opened, Boyl
| Withdrew from the contest, fiudlnG tha
| ne Was seventy-siX votes shoct.