The evening world., 1894-02-07
NEY|LLE'S QUEER DEFENSE.
His Witnesses Strengthen the
Case of the Prosecution.
More About the Election Frauds In
In the Fourth District.

The trial OF Peter ]. Neville. charged
with the felony known to the law as
neglect OF duty" as an inspector of
election. was continued before Justice
Barrett and a jury in the Court Of
Dye and Terminer to-day. The case
was with the defense.
Mr.. Schampain. counsel for Neville. be
a the defense with Neville himself as
u witness. That worthy. who has been
an inspector of election five years, throw
himself on the mercy OF the jury on the
plea of lack of intelligence. lie didn't
know the law, had never been before
confronted with a like situation. and
thought he was doing the right thing, He
hadn't the faintest Idea how those q
extra ballots got into the box while he
was taking lunch. and didn't know that
he ought TO have folded the ballots again
so that they could be mingled In the
box before the drawing by lot"
Policeman George Tucker testified to
the same story as told by all the other
witnesses down to the famous luncheon.
He couldn't tell whether the ballots were
put back in the box folded, during the
lunch, as testified by Neville, or were
spread out and filed by parties, as told
by Sedgwick, Donegan, Flattow and
other witnesses for the prosecution.
From this on Schampnin bullicl and
badgcred his own witness like Il cross
examiner. and Policeman Tucker didn't
help Neville's case very much. lie snid
II took the intelligent and experienced
election board of the Twcnty-cighth of
the Fourth till past | o'clock to count
the vote of Ia citizens, "A matter of nine
hours or more. although there We're only
W or three pastors IN the lot. and every
other election district in the city had
sent IN its returns three or four hours
earlier, and The Evening. World' had
been enabled to tell its readers in en- rx-
ira how the state had voted, how tho
Legislature. would stand, politically, aud
had published to the world the an
n0uncement of the, result in n dozen
other States and cities.
NJ. .Wcllman made Tucker Il first
rate witness for the prosecution IN cross
examination, refreshing his memory by
witness in the Distr!ct-Attorney's office
shortly after election. when the matter
was fresh in his mind.
Tucker remembered that two or three
men In the polling place called out to
Neville. What's the matter with put
ting your hands In and mixing up the
ballots. SO as 10 mingle them according
that would be unla wful, and Neville con
tented himself with shaking the box a
little. which could not possibly dlsar-
range the ballots at all.
Frank A. Swanton, who was one Of the
ballot clerks, was the next witness.
~Swanton's testimony was more dam
eging to Neville than anything brought
out ny tnt witnesses TOT tNt prosecution.
He is a bright young. man, and tod his
story in a straightforward way. but
under the questioning of col. Fellows.
Justice Barrett and two or three jurors,
he revealed that for the five hours dur
Ing which the inspectors were 'can-
%yassing" the ballots, the seven open
boxes. containing what was left un-
voted of the 800 ballots provided by
the Bureau OF Elections for the district,
yer on a shelf, within easy reach Of
the crowd in the polling place, including
captains, leaders, watchers and citizens
Of all the political parties. a score or
more.
He said he was sure that Inspectors
Neville, Harding nor kilry touched these
unvoted ballots, and did not believe any
one else had.
1t would have been easw, though. for
any one in the room 10 take twvEty-ono
ballots from the shelf. tear off tn" mum
Der, stub. fold them as II for voting, un-
fold them, place them on n file like
those used by the canvaSers, and then
quietly introduce the file on the table
when the canvasers wcr at work.
Thet hrec INSPECTORS are not charged
lect Of duty, and Col, ~Frllows's eyes
snapped at this testimony. II the care
lcssness OF the inspectors permitted some
other person to commit this fraud a
fraud OF u per cent. in the vote, who
was 10 be punished?
Swanton declared that Neville gath
cred the ballots up in both hands, cast
them into the box carel'ssly, and, then
TUNED the box over and over, cndways
and otherwise, before the drawing Of
the excessive hallOts-COntradiCting all
previous witnesses on that, and also by
the statement that the inspector ate the
lunch at the table where the counting
was going on.
NJ. +. Daily, a Tammany watcher. and
John W. RyrneS, "a clerk I'm tn" Regis
tcr's Office nd the TammanY Captain in
the district. testified in agreement with
Neville on the main points,