New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-08
PETER NEVILLE is GUILTY.

! PETER NE\ lLLE lS GUILTY.
CONVICTED OF NEGLECT OF DUTY AS AN
ELECTION INSPECTOR.
A GOOD BEGINNING MADE IN THE PROSECUTION
OF THE WHOLESALE FRAUDS COMMITTED AT
THE POLLS LAST NovEMBER-THE FULL
! PENALTY FOR HIS CRIME Is THREE
YEARS IMPRISONMENT AND
FINE OF 5000
Peter Neville was convicted in the Court Of
/ oyer and Termlner last night Of neglect OF
duty as election inspector In November last,
and thus successful beginning has been made Of
the prosecution Of the wholesale fraud of the last
election Neville was chief inspector In the
Twenty-eighth Election District Of the WITH AS
semblv District He was really guilty on the
evidence adduced OF conspiracy to falsify the
/ returns but the District-Attorney merely pressed
/ the charge Of failing to minglc the ballots prop
/ erly previous to the withdrawal OF the extra
! ones which had somehow crept in. The jury
brought in its verdict at 1:2O o'clock last night
after having deliberated for over six hours.
| There was n strong recommendation 10 mercy
agreed to. doubtIessly. to win over some juror
was remanded for sentence until Monday by
Iudpe Barrett. The maximum penalty for his
crime is Imprisonment for three years and fine
| Of $1,000.
THE FIRST or MANY CASES.
| This case is only one Of seventy-fve or more In
which indictments were found by an Extraor-
dlnary Grand Jury in the Court Of oyer and
Terminer In December. The evidence OF TINS
! fraud on the suffrage was given largely by
watcher, appointed by the Republican Club and
the Democratic Committee Of Fifty In the Inter
est OF Edward r. Bartlett. candidate for the
Court Of Appeals against Isaac II. Maynard
! The Committee OF Fifty was not content. after
the election TO disband. satisfied with the victory
| II had won. It's watchers had narrated stories OF
open fraud which was practised In many election
districts and the committee felt that 1t owed
| further duty 70 the community and the common
wealth-that of procuring the prosecution OF as
much Of this crime as possible.
The movement to this end was entirely nom
nartisan. The Committee Of Fifty ramed sub
committee to press the charges. Wheeler H.
peckham Johr W. Gon and Samuel II. Ordway
were particularly active In this. Ex-Assembly-
man Alfred r. Conkling. a Republican CO.
operated with them Distrct-Attorney DE
Lancey Nicoll at their request, called an EX-
traordinary Grand Jury. before which the Bart
lett watchers and many other witnesses were
summoned
Messrs Gon and Conkng were especially in
dustrous In gathering evidence and In prepar-
ing !t In such shape as would best serve the
purposes Of the Grand Jury large number
Of indictments found and the accused
men were arrested by the score. The crime
charged was Of various kinds. In spite Of the
labors Of Mr. Con- and his associates Assistant
District-Attorney Wellman. who was placed I'm
charge Of the prosecution, had vast amount
of work 10 do In getting the cases ready Tor
trial. He had 10 examine witnesses by the
score In the Neville case. however. he showed
tha, his preparation had been most careful and
thorough. Dlstrct-Attorney Fellows himself
made the closing address to the jury.
The Jury came to the courtroom at IL o'clock
for further instructions. and soon after retiring
again reached verdict Another election case
will be moved for trial this morning
\ PoLICEMAN's TESTIMONY.
The defence when court opened presented tes-
timony In Confederation OF that given by Neville
on Tuesday, Policeman George Tucker Of the
Seventh Precinct being first called on Elec-
tion Day he on duty at the polling place
In which the defendant was chief inspector. He
described the first counting OF the vote and the
luncheon which followed II. not being sure
whether the ballots locked up In the box
or left exposed fles during the meal. Tucker
did declare that the ballots did not all seem 10
have been placed fiat In the box and some
looked wrinkled. He Neville shake the box
three or four times, and heard numerous pro-
tests that the mnglng had not been carried
out according to law Some one asked Neville
to put his hand into the box and thus to mix up
the contents. but the inspector refused to do
this.
Frank A. swanton the ballot clerk In the
Twenty eighth Election District of the IVth AS
sembly District then gave a history Of the pro-
ceedings as he had seen them. He had handed
ls7 sets Of ballots to voters. Of which eleven
were returned. the legal number of the votes
cast was l76. The inspectors however. made 1t
III The ballots still folded were then returned
To the box and the board had something to eat
After that, Neville suggested: Let's begin all
over again" There recount Of the bal
lots. and they still found TO number 176
After being unfolded. however. and placed on
files according to party. they had Increased to
1875
HE OUTDID NEVILLE
Thus according to the reckoning of the inspec-
tors. there was an excess Of twcnty-one and
steps were taken to carry out the provision of
the law covering such emergency. Swanton
declared that Neville put the ballots into the
box careessly and then turned the box COM
pletey over several times. The other witnesses
for the defence had seen Neville merely shake
It from side to side Even the accused man did
not pretend that he had turned It upside down.
but Swanton insisted. under his cross-examna-
tion by Mr. Wellman that what he had said
true. The witness further testified that
Harding. the inspector who had been designated
to take out the twenty-one ballots. had drawn
them from all parts OF the box.
During the seven hours spent In counting the
vote the 2500 unused ballots were I'm boxes on a