New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1894-02-27
TRYING ELECTION CASES.
PLEAS OF GUILTY ENTERED BY RESI-
DENTS OF THE TONES.

The election trials were resumed yesterday
morning before Justice Barrett in the Court Of
Oyer and Terminer.
The trials which were interrupted last week by
the trial Of Joseph F. Blaut. the president of the
Madison Square Bank, will now go on till they
are finished Assistant Districi-Attorney wei
man again represented the people.
The first case called was that OF Michael Cady,
who was charged with falsely registering. The
following jurymen quickly sworn in: Cor
nelius f. Anderson. Nathaniel Altmeyer Eli
Samuels David Freed Max Mundle. Edward NJ
Cutler. Charles Latznger. James Lappen. Louis
J. Reinhemer. Jacob Hammer, James Bngham
and Edward a. Dtchen.
The charge is that while in the Tombs Prison
he registered as a voter in the Thirty-ninth Flee
ton District of the Id Assembly District. The
first witness called was John J. Faon, warden
of the Tombs Prison. He testified that Cady was
committed 70 the Tombs on August IA. 1892 by
Commissioner Edward c. Sheehy, Of Charities
and Correction. and that he was in prison on the
day of registration. Cady was AT liberty 10 go
out any time ne wished. He served as a mes
senger and was not confined on registration
day The defendant said that for the last seven
years he had made the Tombs his home. He
acknowledged that he registered, but claimed that
he had a perfect right to do So as the Tombs
was his place Of residence.
Justice Barrett then charged the jury that
under the Constitution one neither gained nor
lost residence by being committed to the
Tombs The defendant. however had no right
10 register as a voter and treat the Tombs as
place of residence The jury returned at II 80
o'clock having taken ten minutes to arrive at
verdict of guilty.
Then Patrick Dougherty and Frank Allen
were called to the bar. and on the advice OF
counsel both prisoners pleaded guilty to register
ing from the Tombs.
Justice Barrett was indignant at the idea Of
these men being boarded and lodged at the
Tombs at the expense Of the city
The entire system" said he. 'of keeping these
men at the Tombs is loose. and cannot under
stand it. They have made the prison board
ing-house and this must be stopped.
IF 1t were only for the purpose Of calling at
tention to this state Of affairs. these trials Will
have accomplished something
Justice Barrett said that he did not intend 10
,nf1ict any heavy punishment the defendant
He simply wished to put end to this system
of voting from the Tombs. and using 1t as a
place of residence.
81 think the ends of the law will be satisfied
said he, "by sentencing you to thirty days IN
the penitentiary."
Thanks, Your Honor" said Cady as he was
led away.
On the motion Of counsel Justice Barrett
granted a certificate of reasonable doubt in the
case of Cady II the General Term reverses the
verdict in the case of Cady, Patrick Callahan
Patrick Dougherty. Frank Allen and LOUIS
Meth will withdraw their pleas of guilty
William H. Kube then called lie was
poll clerk in the election district where l1unply,
who was convicted, was inspector, ana was
charged with not making proper entries IN ms
book of the causes which prevented voters from
the Indictment against fSrbe be dismissed ana
Justice Barrett accordingly dismissed the case
against him. ,o.o
Michael j. Fay who an election inspector
In the Nineteenth Election District OF the ia
Assembly District and Thomas Harroid. an
inspector of the Eighteenth IlectOh DlsuICI W
the I'D Assembly District, We're surrendered o.
their bondsmen and committed to the Ionps
Both are charged with a false canvass oil the
ballot on Election Day.
a new Jury has been mpanelled to try Joseph
IT Ferris who is charged with illegally Young IN
the Fortyseventh Election District OF the liIthh
Assembly District, and also In the Thirty-fourth
Election District OF the same Assembly DisuIcl
and the court took recess, after wh'ch MI
Wellman made a brief address. The nrst witness
for the people was George Malraison, Repubh-
can election inspector at the Forty seventh Flee
ton District He saw the defendant come mo
the booth and swear In his vote under the name
of Charles Smith. Thomas Wallace. the next
witness. swore he leased the apartments at ~.
154 West Fourth-st.. but did not see the de-
PENDANT until he arrested. Ferris dld not
live at his house. but Smith did. There was 4
resemblance
the defendant
William f. Kane a ballot clerk in the same
polling booth, could not recognize the defendant
as the man who voted under the name OF
Charles smith The defendant and Mr. NC
Cleland his counsel. stood up In court but
the witness could not identify the defendant.
(Which Is the man on trial? asked name
"Ill swear I'm not the man, SAID MT. Nc
Cleland. ,
rome ~ charles Smith and said he did
vote in the Foriy-seventh Election District
Counsel for both sides addressed the jury and
after Justice Barrett made MS charge they re-
Thomas Harold who was surrendered IN the
morning was rebailed on 5000
The case OF Roger Jackson. colored, was next
taken I'D He IS charged with swearing falsely
that he was totally blind when he voted In the
Forty-seventh Election District OF the Win AS
sernby District A new jury was sworn IN.
The Ferris jury returned at this time and re-
turned verdict Of guilty.
George Malraison. who had testified in the
Ferris case, identified Jackson as the man VINO
had taken the oath.
Frank Golden election inspector at the polling
booth. testified that he Administered the oath 10
Jackson He said that the defendant made
two or three attempts TO fold the ballots. but
failed. and then he saw he was blind.
The defendant then denied that he had taken
any oath on Election Day. He stated that he
was not able fold the ballots. and had 10 be-
assisted. After hearing other testimony the jury
retired and in one minute agreed verdict
of guilty. Justice Barrett. in passing sentence,
complimented George Malraison on the evidence
he had given. lie sara thdt Jackson WAS gulIty
OF a henous offence and only for his age he
would pass much heavier sentence. II SEN
tence you Jackson" he said. Ito two years
Imprisonment in the State prison" Jackson
much disturbed when he heard his sem
tence.
Ferris will be sentenced on Thursday next.
TO PUT LITTLE CLANS ~ THE MARKET AGAN
bill OF considerable interest to epicures and no.
tel and restaurant keepers has just been intro
duced In the Legislature at Albany by Assembly |
man Robert S Hgbie. OF Suffolk County. This bill
Is designed to change the section Of the Fish and
Game laws which forbids the taking Of clans
smaller than and one-eighth inches in thick |
ness. so as to permit those OF inch In thickness