The evening world., 1894-02-28
FAY ON THE RACK.
He Was Jointly Indicted with
James j. Dooley.
Would Not Withdraw His Plea of
"Not Guilty"

The amazing celebrity with which the
juries in the Court of oyer and Termlner
are convicting the election officers under
indictment for various frauds last Fall
causes CONSERVATION in the ranks OF the
ward heelers. who have done Tammany's
bidding and are now awaiting trial. The
verdict against James j. Dooley. OF the
Second Assembly District, 1t Is believed,
Will induce a great many of the fifty odd
officials under Indictment to plead guilty
and rely upon the mercy of the Court.
Michael S. Fay, Assistant Inspector OF
Elections In the same district with Doc
ley CNineteonth Election OF the Second
Assembly,, had an excellent chance to
Withdraw his plea OF not guilty this
morning when his case was called before
Justice Barrett and d jury. He is charged.
as In Dooley's case, with making a
false statement of the anvas OF votes.
But Howe & Hummel had been retained
to act for Fay, and from that fact Fay
seemed to extract hope.
He was called TO the bar at 10. 45
o'clock. While the Jury was being i'm
panelled. Assistant District-Attorney
Wellman called Thomas Howell before
Justice Barrett and asked that the Cou
edmonish him not to absent himself
from the courtroom pending these cases,
Howell Is q poll clerk, n witness in Fay's
found yesterday. lie said he would re-
main in attendance faithfully to-day.
AS Fay was jointly indicted with
Dooley and three others on the charge
of false statement of canvass. Mr.. Well
man followed out the same lines laid
down In the prosecution OF Dooley. The
evidence against Fay Is IA repetition OF
that which convicted Doolcy, and the
witnesses called wore the an mo u 100 r1 In
the ~latter's trial.
Fay is the man who, in offering testi-
mony ostensibly in Dooley's favor yes
terliy. said that II there had been any
juggling with the ballots, "it vas done
very slick"
David Tumey. Of II Roosevelt street,
the first witness, lie repeated his state,
ment OF yesterday that he voted at 30.
Peary street. and voted a straight Re.
publican ticket. He handed 1t TO Chair,
man Doolcy, and the latter deposited II
Edward Gordon. Of II Roosevelt street,
said he handed a straight Republican
isckrt TO one and a rne NJ rnShsTTLn,,' i , go
the box.
Timothy Dugan, a weigher in the Gus.
tom-liouse, living at - Cherry street,
ticket excepting for Senator.
Counsellor Howe RETAINED from in
t~errogating the latter two witnesses
| his client. 1t was evident Mr.. Ho%e's
client hadn't posted him fully as to the
strength o; the case against him and the
big lawyer was in no pleasant frame OF
mind,
Other witnesses to testify that they
voted for Bartlett and other Republican
candidates were; Thomas Thompson. 81
Roosevelt street; Thaddeus +. Cornell.
IL Oak street; Daniel +. Ring. "A Cherry
street. and Thomas 5. Ring, 1867 Pearl
street.
Anthony J. Boutelc. OF 90 Roosevelt
street. said he registered. but did not
vote at the last election, on the state
! ment of the canYass to which Fay sub
scribcd, It appears that all the persons
who registered. cast their votes. Other
witnesses were: homas Harold, poll
clerk in the Eighteenth Election Dis
trlct. OF the Second Assembly District.
and James sullivan.
Mr.. Wellman rested at this point for
the prosecution.