Pawtucket tribune. (Pawtucket, R.I.) 1890-189?, 1893-05-04
SECOND WARD CASES,
Two Against Warden Me-
Way Heard Today.
ONE Of THEM DISMISSED
Decision In the Other Withheld-John
p. Smiths Case Continued.

The District Court room held a large
audience this morning, the attrac-
ton being the trials of James
p. McVay and John p. Smith,
charged with violating the Ballot Reform
law at the elections held in the Second
Ward April and 8. There were two
cases against Mcvay and one against
Smith. J. Osfeld, Jr., appeared for the
defence and Hugh J. Carroll ana T. w.
Robinson for the prosecution.
Mr.. Carroll opened the case by saying
that for long time the people were seek
ing for secret ballot and finally the Aus
tralian system was adopted. This was to
prevent corruption and bribery and also
that an employe could not compel an em-
ploye to vote as he wished.
As the Court knew, factionsl fight has
been In progress In the Second Ward since
last Fall. On Wednesday, the 5th OF
April, slips were circulated which re-
quested the Supervisors to mark the
voters ballot for Republican candidates
for Governor, General Assembly ticket
and Council ticket. On the Sth day OF
requested the supervisor to mark the
voters ballot for the Republican nomi-
nees for the General Assembly.
These slips were brought there by
Wheaton Cole and distributed by sup
posed Democrats; the voters were followed
to the gate; they were watched as they
showed the slip to the Warden who
turned them over to Supervisor Howes;
then the men were watched and followed
to Edward Smiths saloon. The Warden
also threatened to have Supervisor Coyle
arrested and allowed his brother, Joseph
L. Mcvay, inside the rail and he brought
In package of some kind.
When Mr.. Hayes objected Warden Nc
Way told him to mind mis- own business.
Therefore 1t is contended that the inten-
tion was to defeat the secrecy of the ballot.
The first witness was William ii. Hayes
on the first case against McVay for allow
ing J. l.. McVay and w. II. Hayes within
the rail after they had voted.
Mr.. Osfed said Mr.. Carroll would have
to prove that the elections held were legal,
so City Clerk Sioley was sent for.
Hayes was member of the ward COM
mittee. He saw Joseph L. Mcvay enter
the enclosure and 20 to a room near the
Warden's desk.
Hayes went inside the rail. Stephen W.
Fallon, a candidate on the citizens ticket
also went In. Movay had voted at the
time. He called Warden MeVay's stten-
tion to the slips and McVay said he had
the advice of the City Solicitor and that 1t
was all right.
Mr.. Osheld-Had you voted when you
went inf
"Yes, sis."
"Didn't you know it was against the
lawf"
eyes, SIR"
"Who sent you inside the railY"
Mr.. Carroll"
Thomas e. Hayes was sworn. He was
checking the list that day; saw Mcvay
and Fallon 60 inside the rail; saw them
meet Warden Mcvay and ali three 60 in
to the ante room. McVay had voted; did
not know whether Fsllon had voted or
not.
Bernard keenan, testified that he saw
Joseph l.. McVsy go inside the rail.
James II. Curvin testified that he saw
McVay and Fallon go inside he enclosure
and together with Warden Mcvay go in
to the ante-room. Mcvay had a parcel.
City Clerk Sibley testified that an elec-
tion was held on the 9Th day of April ana
James p. Mcvay was Warden and Joseph
H. McCaughey clerk.
Mr.. Osheld, for the defence, called
Warden James p. McVay who swore Will
liam II. Hayes came inside the enclosure
while he was eating his dinner in the
ante.room. j. l.. McCaughey was acting
As Warden. Hayes said he had message
from Mayor Brown to the effect that the
use of the slips was illegal. Joseph L..
McVay brought his dinner and Fallon
brought McCaughey's dinner. This con-
cluded the testimony for both sides.
Mr.. Osfield said Hayes was the man who
violated the law and not Warden McVay.
because Mcvsy was not acting as
Warden.
In regard to Fsllon gong inside the rail
II was not proven that Fallon had voted.
Joseph l.. Mcvay brought his brothers.
dinner and it was necessary that he
should have his dinner. Besides, the
anteroom was not within the enclosed
space; that all Mcvsy did was to pass
through the enclosed space.
Thomas w. Robinson, for the prosecu-
tion, said the statutes should be observed
to the letter and the law is that no voter
who has voted shall be allowed inside the
rail. Joseph l.. Mcvsy had voted. No
one wanted the warden to starve, but he
could have met his brother at the gate.
He should not have allowed his brother to
stay there until the dinner had been eaten.
Was It necessary for two men to lcarry in
these "dinners" as they are said to be. IL
was direct violation OF the law. There
were six supervisors there who could have
carried In 'he dinners.
Then Judge Shove said:
without making any comments, will
adjudge the defendant not guilty"
The second case against Mcvay was
then taken mp which charged Mcvay with
allowing the printed slips to be used.
Mr.. Carroll called Charles A. Lee. He
wished to show that Lee printed the slips.
Mr.. Lee said lie did not know whether
they were printed In his shop or not.