The evening world., 1894-02-07
NEWLLE'S QUEER DEFENSE.
His Witnesses Strengthen the
Case of the Prosecution.
More About the Election Frauds in
in the Fourth District.

The trial Of Peter J. Neville. charged
with the felony known to the Law as
neglect of duty" as an inspector of
election, was continued before Justice
Barrett and a jury in the Court OF
Oyer and Terminer to-day. The case
was with the defense.
Mr.. Schampain, Counsel for Neville, be
gan the defense with Neville himself as
a witness. That worthy. who has been
an inspector of election five years. threw
himself on the mercy of the jury on the
plea OF lack of intelligence. He didn't
know the LAW. had never been before
confronted with a like situation, and
thought he was doing the right thing. He
hadn't the fRintest idea how those q
extra ballots got into the box while he
was taking lunch, and didn't know that
he ought to have folded the ballots again
so that they could be mingled" in the
box before the drawing by lot"
Policeman George Tucker testified to
the same story as tcld by all the other
witnesses down TO the famous luncheon.
He couldn't tell whether the ballots were
put back in the box folded, during the
spread cut and filed by parties, as told
by SedEwick, DonegRn, flattow and
other witnesses for the prosecution.
From this on SChlmpain bullied and
badgered his own witness like Il cross
examiner. ana IollCemhn fucker dlIn't
help Neville's case very much. He said
1t took the intelligent and experienced
election board of the Twelty-eighth Of
the Fourth Till past | o'clock to count
hours or more, although there were only
two or three pastors in the lot, and every
other election district in the. city had
s sSTr ana ans r" "fh1 E !n IL or w fo%F hq had
been enabled to tell its readers In an ex-
ira how the State had voted, how the
legislature would stand, politically. and
nouncement of the result in a dozen
other States and cities.
Mr.. Wellman made Tucker "A first
examination. refreshing his memory by
reference to statements made by the
witness In the Observation-Disclosures office
shortly after. election, when the matter
was fresh in his mind
Tucker remembered that two or three
men in the polling place called out to
Neville, what's the matter with put
ting your hands in and mixing up the
to law but some one else suggested that
that would be unlawful. and Neville con-
tented himself with shaking the box a
little. which could not possibly disar-
range the ballots AT all.
Frank a, Swanton. who was ono of the
ballot clerks, was the next witness.
SwantoN's testimony was more dam
aging to Neville than ANYTHING brought
out by the witnesses for the prosecution.
He IL a bright young man, and told his
story In n straightforward way. but
under the questioning of Col. Fellows,
Justice Barrett and two or three jurors,
he revealed that for the FIVE hours dur
ing which the INSPECTORS were can
yassing" the ballots, the seven. open
voted OF the 300 ballots provided by
the Bureau of Elections for the district.
yer on a shelf, within easy reach OF
the crowd In the polling place, including
captains. leaders, watchers and citizens
Of all the political parties, "A score or
mole.
lie said he was sure that inspectors
Neville, Harding nor kiley touched these
unvotcd ballots, and did not believe any
one else had.
1t would have been easw. though, for
any one In the room to take twenty-one
ballots from the shelf. tear of the mum
fold them, place them on n flc Ike
those used by the CHnvasers, and then
quietly intrOduC" the file 81 the table
when the ~canVas"rs wcr at work.
Tibet hr"c inspectors rr" not charged
with fraud. They are CHARGED with neg
lect OF duty. ana col. Fcllows's eyes
snapped at this testimony. If the cure
l%cssness OF TIE inspectors p"rmit,"1 some
other person TO commit this fraud. u
fraud 81 !! p"r cent. in the vote, who
was 10 be- punished?
Swanton declared that Seville gath
cred the ballots up in both hands. cast
them into the box Carcl"sSlS, and then
turned the box over and over, ondwnys
md otherwise, before the drawing of
the excessive ballots Contradicting ali
previous Witnesses on that. and also hy
the statement that the Inspector ~" tho
lunch At III" table where the counting
TnS coins m.
NJ. /. Dily. 2 Tamm0ny watcher, and
John " RNrn"ss5 n clerk in tho R"rts,
tho diotr'Ct. testified in ncrccmrnt With
Eevillc on the main points,