New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-28
j. A. DOOLEY CONVICTED.
HE COULD NOT EXPLAIN THE DIsAP-
PEARANCE OF REPUBLICAN VOTES.

The trials OF the men charged with violating the
Election laws last Election Day were re-
sumed yesterday before Justice Barrett and a
jury in the Court OF oyer and Termlner.
Assistant District Attorney Wellman has Sc
cured a conviction in every up to the pres
ent and is confident he will be as successful
In the remaining cases
Out Of the seventy-four original indictments.
fifty now remain to be tried The first case
called yesterday vas that Of Barnard McFarlane,
who charged with unlawful elctioneering
In the With Assembly District. BY the adj
svice OF his counsel. Mr. House. McFarlane with
rsdrew his plea Of not guilty and pleaded guilty
- TO the charge. Mr.. House then asked Justice
Barrett to show mercy TO the defendant lie
said he appeared for McFarlane rather a
friend than az paid advocate. The character
of the defendant was OF the best up to the pres
ent time and he had recommendations from
well-known people.
Mr.. House then read letter from ]. d. Kirk
crook. a member Of the Grand Jury which had
indicted McFarIale. testifying to the good char
acter Of the defendant. Justice Barrett in
passing sentence. said there many reasons
why the Court should exercise clemency in this
case I'm the first place." said he "McFarlane,
you have by pleading guilty saved the time and
expense Of the county and secondly, you have
not attempted to bring witnesses Of dubious
your case" Justice Barrett then said that the
crime Of the defendant was. II anything, "over-
excessive zeal" He rebuked the defendant for
eectioneering too near the polls. and said that
this practice should be stopped at once.
las a deterrent to others who would act like
YOU" said justice Barrett, II fine you the
OF $3.50"
The case Of Edward Lapper next called.
He is charged with repeating, and did not
answer his name when called Mr.. Weman
then said that the defendants case was called
yesterday, and he did not answer. Il will ask,
said he that Your Honor direct that his $500
bail be forfeited" Justice Barrett made the
order forfeiting the ball. and warrant for his
arrest was issued.
The next man to be put on trial was James
A. Dooley. He is charged with making false
canvass in the Nineteenth Election District Of
: the lid Assembly District. When the jury had
= been chosen, Mr.. Welman stated the case for |
2 the people.
There were 271 votes cast" said he, "in the |
ne district and the entire number was recorded as
'rbeing for Maynard. the Democratic candidate |
"a for Judge of the Court Of Appeals
y Not one vote is given In the returns for Bart
. lett, the Republican candidate Now we VIII
prove by several respectable citizens that sew
eral votes cast for Bartlett"
George w. Boutete, the first witness called
for the people, lived at No. SO Roosevelt-st., and
registered. but did not vote.
r COUNSEL HAVE AN ARGUMENT.
Edward Gordon, of No. II Roosevelt-st.,
Sigarmaker, deposed he registered at the polling
place at No 262 Pearl-st. and voted straight
. Republican ticket.
''What did you vote?" asked Mr.. Walsh,
Dooley's counsel.
II believe 1 voted for Bartlett" answered
Gordon.
Believe what?' queried the lawyer, sarcas-
tically.
Here Mr.. Wellman broke in and told Mr.
Walsh that he should not insult the witness by
such questions lively argument followed be-
tween the two lawyers, which was stopped by
Justice Barrett
David Twoomey. laborer. living al n Roose-
velt-st. testified that he registered and voted
straight Republican ticket VIM
Are you sure about that?" asked Mr.. Well
! Eyes" replied the witness. IT voted the straight
Republican ticket, and / took particular notice
,nf Bartlett's name and voted for him."
- Daniel r. Ring. of No. rs Cherry-st., SAID ne
was Republican watcher and voted the hepuo-
lican ticket. He saw Dooley put the vote In the
box When the votes came to be counted his
IT asked where was my vote for Bartlett, |
said the witness and Dooley replied he couid
II then asked Dooley to give me my vote, and
said II was not fair to disfranchise me- A ponce
man who was standing by told me ! had too
much to say l shut up, thinking that to be
did YOU not ask Dooley TO give you one vote
%.i square you WIN your 'A,'s , =. n.y.. o'.n
"No, 1 did not: l only asked FOR my own
vote" answered the witness.
The court at this time took recess. No 90
Cherry-st was the first witness after recess He
testified that he voted the straight Republican
ticket with the exception o. OF senator also
testified he voted straight Repuohcan ticket
last Election Day. -,
Thomas S. King. No. 362 Pearl-st., said ne dio
not vote for Maynard
John Henry testified that he voted the Repuo-
loan ticket at the last election, with the excep
ss.Sames Sullivan, of No. II Roosevelt-st, test-
Ned that ne voted the straight Republican ticket
Int the last election.
DooLEY's QUEER TESTIMONY
Beginning the defence. Dooley testified in his !
own behalf that Ne had lived at No. rs Cherry
ST. for seventeen years. He inspector OF /
election at the last election in the Nineteenth v
Election District Of the lid Assembly District.
There was 27l votes cast in the district. All the
ballots were for Maynard as Judge OF the Court c
Of Appeals and none for Bartlett. He counted !
the votes three times. He counted them In y
patches Of ten and then passed them to the Re-
publican inspector. He nterfered with no ballot c
but his Every legal requirement he fully /
complied with. I
How do you account for the disappearance of d
eleven Republican votes In your district" asked I
Mr.. Wellman. :
Il can't explain H." was the reply 81 know !
the ballots were rightly counted and the result h
rightly declared. There was not straight Re- b
publican vote cast There may have been eight
Republican votet for Republican State candi- u
dates. but there was not vote for Bartlett" G
Michael S. Foy the Republican inspector in n
the district. corroborated Doyles statement
TO the number OF votes cast and the fact that
al were cast for Maynard.
Ibid not some one protest that the result was
not rightly given?" asked Mr.. Wellman in his 9
oross-examination. "
ring kicked" he answered land asked him Z
10 inspect the votes, and he refused 10 do So j
although he said he voted. I was looking into Is