New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-09
JOHN \. DUNPHT.

JOHN \. DUNPHY.
in the jefferson Market Police Court. is Dun
phys counsel although Civil Justice Wauhope
Lynn. who is Tammany Hall district leader
virtually conducted the cross-examination Of
witnesses lie prompted Mr McClclland to
make objections 10y the dozen until Judge Barrett
grew weary Of ovcrruling them. Apparently one
contention which civil Justice Lynn put into Mr.
McCleand's mouth vas that none Of the officers
who served at the last election legally APP
pointed. Perhaps Mir. Lynn WAS there to show
the men who had committed crime in the inter
est Of Tammany Hall that the organization
sympathizcd with them In their trouble, even If a
Tammany Distric'-Attorney was conducting the
prosecution.
DIFFICULTY ~ GETTING \ JURY.
There was great difficulty in securing jury
many talcsmcn giving unsatisfactory replies TO
this question by Alr Wellman'
IF You were satisfied thai the defendant had
been guilty OF neglect Of duty, even though un-
intentional. would YOU conyic- him II so ordered
by the Court
For a long time the only response to this Ques-
tion IN the negative. the men stating that
II they thought the defendant committed the
act unintentionally they would acquit him. even
II the Court should charge for conviction.
William H. Anthony. a colored janitor. Of No
l0i John-st, was mad, foreman. The other
jurors were: William Walker. retired. No. i32
Madlson-ave: Agdle T. Merscroau. retired real
estate broker so. 81 West One-hundred-and-
twenty-sixth-st.: George +. Meyer. manufacturer.
No. 40 West Onc-hundrcd-and-twen -third-st.;
Abraham Lichtcnstein. cigar manufacturer NO
2l7 East Seyenty-ninth-st; William r. Stewart,
40. 39S West Foriy-sevcnth-st.: Henry l. Poziss.
clerk. 10 as Grand-st.; Aaron stern. Jrweiier.
,fir.F and ftx. n fts-ff
Charles II. II. Field. retired, No. 95' Madison
ave: Seth Parker ir. ST. Denis Hotel; James ID.
l.. Montague. bookkeeper. No. l'2 West one
hundreG-and -nfth-st. and Charles W. Wilmot.
so 81 West Eighty-fourth-st.
In his opening address to the jury Mr.. Well
man said:
The defendant. John \. Dunphy was chairman ,!, Of
tion District Of the NlIIih Ass mby District at the
last election lie was hc'el win M the othsr mem IN
of emitting. refusing AMI neser,lng 10 perform acts
clear and direct. The .aw is that voters snail 60
into the booths alone that no one snail Influence
incapacitatci from foling rs ballots 10y reason OF
total blindness loss Of both hands Or the use Of
may 80 into the booth with him Inc voter must.
however. take oath that h. MAS thus b.ind or
ant purposely evade~l that Law 30 as 10 allow men
who were not 10 b., trusted TO vote as rApeotri. -,
- De- accompanied by some one VINO Woiii MAKE
Men we're allowed to take an OATH not OF tottl
nitt"i 10 have Others go into the booths with
ihrm Icrnarl mcfarland would always be chosen chosen
place with him. Thc,e men we believe, ,s r haa 1, no
impairment Of cyessht; certainly ny in were not not
totally blind This thng got T. be so Ireluent that
yiih lJrFarloinJ Here comes another blind man
thew wouli say one man. Martin Higgins. came
liz San1'I them ,'i back to DGnphy. VINO asked:
can't You fold thcrn? How is your eyeslght'
soon hc a ma r" back nean With McFarland and said
that he couldn't See 50 Dummy Ttls,,u % er yre ere
Indicted for perjury. but they cannot ne convle'ed
because ihe ega oa,h wsS ssr When he was asked:
How DO og ar to get these rbry mS Won't a2 get into
trouble / didn't administer the statutory oili'
THE LAW VIOLATED
w II Kubc was the first witness for the peo-
nle He said ne lived at No. 32s East Eighty
fourth-st.. and was employed by the Trow
Directory Company He was n poll clerk at the
nollinp station Of the Twenty-sxth Election
District OF the VIIIth Assembly Iistric'' ie
testified IL, ,ho hoa |
imDaircd evesight and required to be assisted IN
voting / did not hear the htce9s' - n , a.
ministercd. but they were assis,eu 70 uo'e MAN
The witness further said that me, uhesc men
walked into the polling station just IKE men IN |
fun possession of all their senses, ana IN nearly
all cases walked out without any aSsiatance.
The witness then read from his pook ene names res
of twnntv-onn men who were accompanied by
another nerson when registering their votes De,
cause they said they had impaired eyesis"l anu
required assistance. ..ouoh, IN ho
Three colorcd men were here brought up pc
fore tbe witness They were Alexander phii-
lips. John p. Hall and Joseph JEFFERSON. Their
names were on the witness 5 pooA "' '""'"e '''c
oath Of physical inability to vote ~
II recognize Hail. said the witness Dut 40
NOT rncoect the other two men nan APP
pcared 10 have the full use OF MS eyes yes'er-
day in court. . ar,irod bv Mr.
The witness was cross-eHai'iHeu " MI
NcCelland who was prompted py justice Lynn |
lie admitted he was indicted by the drahd jury
for neglect of duty because ne i nad not entered
ibe ronse Of the physical disability OF the voters |
On bts book He had not heard the oath OF dis
ohui,,, rcad bv the election inspectors TO any |
,D."r Iin denied that immunity from prose- /
c1,ion had been promised him by the District
.u,iO. ,,'' an condition that he give testimony |
1i'" NJ Wellman caused sensation by ask |
'.tm 'ha uitnrss II 1t was not fact that within
NIX NIX tlc , ",wnntv-four hours he had been visited |
@ .iie ..iSr"v'' a,. Mcfarland and threatened with
W ny t,,t IL he gave evidence In this case. Mr.. |
u,aiio1d Objected TO the question and Judge
b't btIiet' rorrctt then addressed the jury and !
Jus.ire i Mar he would allow them to go TO |
told thc,m ,os hut he cautioned them to speak
thelr mo,, ons about the trial when they left the
to any u"' We asked them to be present punctu- ,
ally to-day at lo:So u '''