The morning call., 1893-01-17
RECOUNTS BEGUN.
Mayoralty Contest Before
Judge Murphy.
SIX PRECINCTS COUNTED.
Judge Slack Presides Over the Con-
test for Sheriff and Superior
Judge.

In Department 8 of the Superior Court TIE
recount in the election contest of DR..
0'Donnell for the mayoralty was COM
menced yesterday morning before Judge
Murphy.
The courtroom was crowded with pollti-
clans of ell shades. Among others present
were Attorney Ruef. Registrar Brown and
Attorney NJ. a. Dorm.
DR.. O'Donnell was present with his at
toruey, Carroll Cook, and Attorney r. B.
Mitchell appeared in the interests of Mayor
Ebert.
Several persons were present who kept
snap tally fer defeated candidates.
Judge Murphy assembled the bench
shortly after 10 O'Clock and made few re-
marks regarding the recount.
Carroll Cook called attention to the fact
that Mayor Ebert had filed no answer to
the complaint
Attorney Mitchell said that the Mayor
had some old-fashioned but commendable
views in regard to the contest. No disre-
spect was intended in not fling an answer.
Mr.. Elerts idea being that ii DIR. ODon-
nell was really elected, he was certainly en-
titled to the Office. Mr.. Ebert would offer
no technical objection, but would aid the
doctor in every way possible in his re-
count.
There is one thing. however" continued
Attorney Mitchell. that wish to take ex-
ception. DR.. O'DonnelI says that in certain
precincts he was defrauded out Of votes,
and be wants those precincts counted first.
| think tho only fair way of conducting the
recount Is to have the whole vote OF the city
canvassed,. beginning from the very first
precinct, and going right through them
systematically"
Judge Murphy replied that he did not
think that was necessary. The contestant
claimed that there had been fraud in the
Forty-fifth Assembly District, and he could
not see any harm in beginning with that
district
The court appointed George w. Smith,
Official steD0grapher. as tally clerk, Eugene
E. Shaen as caller, aud ). Z. Cominsky as
stringer
Rules were then laid down by the court
for conducting the recount. He wanted it
understood that the count would not be de-
layed for snap talles. He would proceed in
a certain way all through. The caller
would call off the votes, ana the tally clerks
would tally them Then, if desired. the
ballots would be handed to counsel for in
spectoD, after which they would be strung.
he sessions of the court would be, with
the exception of Saturdays. from 80 a. NJ
to 1890 p. NJ. aud from l 80 P. NJ. to 4:30
p NJ. There would be no night sessions.
The contestant would have to deposit
every morning before the court commenced
S25 for the expenses of the day. DR.. O'D0n-
nell promptly paid down $50
Registrar Brown was instructed to pro-
duce the ballots for the last FIVE precincts
OF The Forty fifth District
On his return Attorney Mitchell asked
that the votes for all the candidates for
Mayor be counted.
Judge Murphy said ii would only be
necessary TO count the votes for Ebert and
ODonneIl, but afterward agreed with At
torney Mitchell after consultation with
Judge Levy. who joined him on the bench
during the discussion.
The calling was then commenced with
the Seventeenth Precinct. Forly-ff. Dis
tret. and when court adjourned at 4 80 p. NJ
six precincts had been counted with the
foIIOwinc rasuIrs.