The evening world., 1894-02-06
DARK FOR NEVILLE.
Watcher sedgwick Tells Of the
Inspectors Neglect of Duty.
Democratic Vote Increased When
Fl Ballots We're Taken Out.
Lawyer S%champain Neglects His
Client to Attend n Police Court.

The trial OF Peter Neville, one of
the inspectors Of election in the Twenty
eighth Election District of the Fourth
Assembly District, for alleged neglect
OF duty at the last election, was re-
sumed to-day before Justice Barrett, In
the Court of oyer and Terminer.
Neville Is a Tammany man, and was
Chairman of the Board of Inspectors.
John Harding and John kiley were in
dicted with Neville, but Kiley. the Re
publican inspector, has vanished from
the sight of those who would gather
him in the laws tender clutches. Hard
ing's trial will follow that of Neville.
The proceeding presents a peculiar
situation. The prisoner is a Tammany-
ite; the prosecutor, Assistant District
his $500 salary TO the Tammany Hall
majority that elected Col. John II. Eel
lows to the District ttorneyship. and
Justice Barrett, presiding, although first
elected to the Bench as an anti-Tam-
many candidate, and still credited
will an utter lack of affection for the
Wigwam, was reelected two years ago
as the candidate of Tammany Hall.
The jury. however, was selected with
special care. and no citizen who con-
fessed to membership in any political or
pse~udo-political Organization was ac-
jurymen are Republicans.
There were 1875 registered voters in the
Twenty-eighth District Of the Fourth:
showed hat l7e Of the 1888 had voted;
The inspectors declared that they found
III ballots in the box, and that number
were credited with voting. Then the
contrary to law. After supper they
counted the ballots again, and the num-
Der In the box was declared to be 1893.
excess of ballots the excessive number
shall be drawn out by lot before the
ballots are opened. But these 1893 were
9pei ed and separated into four piles;
Democratic, 20 Republican. is Socialistic.
s Populist and Z scattering.
The ballots were replaced In he box,
twenty-one were all Republican, Popu-
list and Socialist. To d to the queer
nenou of the ss P ,Ts Tesh1f Of the a ,b lnIsPe soSps
that 1853 of the III were Democratic.
All this constitutes neglect of duty"
under the law. But 1t is a felony, pun
or 5000 fine or both.
Charles J. Schampain. counsel for
Neville. failed to appear, when court
convened this morning, and even the &C
cused was not in his place:
Justice Barrett waited: He was plainly
nettled. Neville strolled in leisurely ten
minutes tardy. Justice Barrett called a
deputy sheriff to his desk and whispered,
his brow knitting ominously towards
Neville.
Neville will be on hand in future. He
is in custody of the deputy.
Presently a young man entered hastily
and told the Court that Mr.. schampain
was delayed by II case he was trying in
the Yorkville District Court
Justice Barrett was speechless with
establishment and indignation. He de-
clared 1t to be the most remarkable pro-
ceeding he had ever experienced. and
said:
al shall assign some other counsel tc
this defense, and unless Mr.. Schampair
can give some good reason-some good
r~eason-for keeping this Court of oyer
people In waiting while he engages in the
trial of a petty suit in a petty court ]
shall deem 1t my duty to take some &C
signed by the Court to go on with the
defense of Neville. and the trial went
on an hour later than the appointed
hour.
Henry hildenbrandt, of the Bureau
Common Council. and County Clerk
books that Neville was one OF the In.
spectors OF Election in the Twenty-eightt
District OF the Fourth; that the vote OF
that district was reported, by the In
SPNNNSA' 10 SNoNSN ocO'Ss "hN 'N'Si pc'hss
Of record.
Henly Il. sedgwick, who was a watcher
at the polls in behalf of the City Bar
Association, was called next to the wit
ness-stand.
Al this poit, l1.2o o'clock, Mr.. scham,
pain hurried breathlesslv into the room
Fifty-seventh Street Court to try a case
at 8 o'clock. in which there was danger
that his client might be locked up. Hs
apologized humbly to the Court, the
jury and the prosecution.
Justice Barrett forgave him, but will
some stringent remarks about a lawyer
who chose a petty case involving a few
dollars to one in which a mans libert.
relieved, Justice Barrett saying:
You will, proceed to your duty Mr.
Schampian," In an icy tone;
ing booth at 2ls Madison street, HI
described with minuteness the positions
OF each person In the room where th'
clerk agreed that 176 votes had beer
cast, and eleven ballots destroyed: anc
Sedgwick noticed that this was appar
ballot on the unvoted pile being lSS.
Neville ordered that the counting
begin" said the witness; and the in
the ballot sn 'pia GiTrst th opnn in a saG pi iesar The;
lay there when Neville ordered a recess!
for supper, ard trays were brought II
laden with steaks, chOpS ana the ike.
Il was invited to eat. l did eat a hi
of bread, sitting down where the ballot!
were not within my range of vision
After eating Neville counted again. by
parties. the other inspectors counting
after him. The bowed 1875 votes
| $50 of which were Democratic, 90 Repub
lican. 10 Socialist. 6 Populist and Z indie
pendent"
Somehow twenty-one extra ballots haC
got into the piles while the election Off
GERS ate. and the next thing was to &c
rid Of this surplus.
Sedgwick described how Neville com
piled with the law, which says the bal
lots shall be mingled thoroughly in tn
box and then a number equal to tn,
, surplus drawn out by lot.
Neville placed the ballots in the bottom
of the box, opened and fiat" said tn
witness. He put them In the box II
punches from the piles. The ballot wa
nearly as large as the bottom OF the box
TIL independent Assembly ballots wen
on top. Neville shook the box a very
very little. go"
The witness shook the court bible am
declared that the ballots did not shift
their relative positions In this shaking
any more han did the leaves OF tn,
book.
by direction of Neville, Inspecto
John Harding turned his back to tn
box and drew out twenty-one ballots
taking them from the top. Then wha
were left in the box were counted agai
and the results announced"
Then came the astonishing discover