The morning call., 1894-12-06

A. j. Clunie announced that the prosecu-
ton rested in the cases against Martinez,
Buckley. Conroy and Butler. in the matter
of the fraudulent returns from the Tenth
Precinct of the Thirty-ffth District. Gill
foyle, an attorney for three Of the defend
ants, asked that they be dismissed on tech
meal grounds and argued the question at
some length.
Colonel O'Byrne in behalf Of Martinez
asked the dismissal of the case against his
client. Attorney Gator at some length OPP
posed these motions, declaring that the
prosecution would be able TO show that
Buckley falsified the returns. and that
Martinez had knowledge of the fact, and
that the crime was committed while the
returns we're in their Joint custody and
removed from the election booth. The in
ference from his argument was thar the
returns and other papers were improperly
placed in the envelope and taken TO the
Registrar for the purpose of having them
ordered returned to the booth. so that the
fraudulent work might be performed while
Oh the way back to the booth.
The court inquired that if this were a
fact was any evidence in existence to
show that the other two defendants, Con-
roy aud Butler, were in any way connected
with the crime. Attorney Gator stated that
they were guilty of willful neglect.
Without taking action on the case just
then the election officers from the Sixteenth
Precinct of the Thirty-frst District, who
had been arrested on the strength Of the
developments before the Election Commits
sion on Monday, were given hearing.
On motion of NJ. NJ. Foote. who stated
that his client was of constructive
family and that imprisonment ENDANGERED
his health, the bail of j. MoZeau was re-
duced from $4,000 to $1,000
1t was shown that E. T. Litzius bad
n ono oil o4S a
that he was i'll on election day. Mrs. Lit
zius and the defendant both testified to
this fact and the prisoner was released on
his own reeOgniZance.
Denis O'Connor, the grandfather, Denis
O'ConuoT, the father. and Denis Sheehan,
the friend of Denis OConnor. one of the
election officers arrested, qualified as the
bondsmen of the prisoner, VINO was re-
leased.
P. M. OConnor asked that his prelimi-
nary examination be set for 10 o'clock
Monday. c. j. Barron. NJ. j. Gordon and
j. Mozeau asked that their cases be taken
up immedtat ely.
At the afternoon session Assistant Dis
trict Attorney Black, referring to the de-
PENDANTS in the election cases from the
First Precinct of the Thirty-frst District,
consented TO the reduction of bail from
$4,000 TO $4,000.
James Flynn. another election officer of
the precinct, for whom warrant was
issued, appeared in court and surrendered
himself. Attorney kowalsky announced
that he was empowered to appear for all
the defendants who had been appointed as
Republican officers. All of the defendants.
except c. j. Barron, expressed their will
ingness TO have their cases go over until
Monday. Mr.. Barron declared that he
was innocent, did not want to go to Jail.
ard might not be able to furnish bail. An
affidavit was presented by the Assista I
District Attorney, stating that he had been
unable TO find the Mayor. whose testimony
was necessary, and therefore asked post
ponement of Barron's case. The court set
Barron's case for Friday morning and the
cases of the other defendants for Monday
morning.
Attorney Gator reserved bis arguments.
asking the court TO hold all four of the
defendants, Martinez, Buckley, Conroy
and Butler.
The afternoon was devoted to tiresome