The sun. [volume] (New York [N.Y.]) 1833-1916, 1894-02-08
NEVILLE FOUND GUILTY,
WITH RECOMMENDATIONS by THE
JURY ron MERCY.

The Jury spent sig Msur- D.Iiberatine
| over the vrrdici-Ths Motion for =
New TrisI was Derisa and Neville
Remnndsd Uaui Mosasy for sent.-cs.
The trial OF Peter Neville the Chairman OF
the Board Of Election Inspectors in the
Twenty eighth election district in the Fourth
Assembly district. on the charge OF making a
false count Of the vote last fall, was concluded
in the Court OF oyer and Terminer yesterday.
After being out six hours the jury brought in
a verdict OF guilty. with q strong recon nenda-
ton for mercy.
The jury retired at $40 o'clock. and as
they had not reached q verdict by z o'clock
they we're taken over to the Astor House for
dinner. They returned soon after o'clock
AMI were again locked up At 1890 o'clock
they sent a message to Judge Barrett. who had
gone home. and at II o'clock court was again
convened. The Judge said that he had re-
ceived two questions from the jury.
Can We or are to consider the motive or nsrs.,
which led the defendant to do as he did
,. We understand the msn 10 answering to the third
count OF the Indictment only.
These two questions" said tho Judge.
are substantially one. You may consider all
that occurred both before and after the min
Cling OF the ballots. There are three kinds OF
neglect OF duty Of which this man may have
been guilty: purely accidental neglect OF duty.
wilful negligence, and fraudulent negligence.
The last IL the very worst form OF all You
may consider all the points on the question Of
motive"
Lawyer Schampain took exception to the
charge. and the jury retired at IL 10 o'clock.
They we're away only seven minutes
As soon as their names had been called by
the clerk after their return. the foreman OF tho
,uet Ill Nhn La Gah
pain then made the customary motion for
new trial. The, motion was denied. ana Neville
The extreme penalty which may be imposed
upon him y Imprisonment for three years aud
Policeman Tucker was the nrst witness yes
terdny morning. ne testified to carrying the
ballot boz to the ISS lee station tSs hS
mont between the election inspectors and Of
sbe counting Of the votes before luncheon.
erly mix the ballots after the discovery had
been made that there was an excess Of twenty
Frank 4. swanton. one OF the ballot. clerks,
testified to the number OF ballots that had
according to the number on the left over bal
lots, He said 176 votes must have been put in
box but S un Sv whsn they tss, S
described how the boz wa. shaken no; but
thought the ballots had been we'll mixed and
swanton with regard 10 his actions in the poll
N f. Daily. a, watcher, testified that he
thought the ballots S N had been thoTSonghly
another watcher. zorro Sorated this testimony
in favor OF the defendant The taking OF testt-
sSss s S' TO a
LAWYER schampain took about an hour and
mostiy Of description Of Neyille's ign orance
prisoP he declared iSss .ss isry might }ass
was dsiending the case for no fee,
to perform. aud that II be did not perform this
c%na N%S ma rsht to the
oath as an inspector unless he was qualified to
do So and such qualification consists II
lows discussed at some length the figures OF
the vote and laid particular stress on the fact
was & to i with regard to ali the other votes votes
cast, not one pepoeratic vote chanced" 20
been cast than should have been:
Providence for the Democratic party" raId the
District Attorney.
Neville had replaced the votes in the how and
OF how no had shaken the box and added that
no no easier , way Of perpstrating an election
used by Neville: Mr. Fellows told tho jury
that he intended to try these election cases as
fast as he could. unless the Iuries proved to
city do not want honest elections.
JUDGE Barretts charge was severe. He said
that an honest man with common sense was
bound to know that he must minRle the votes |
so as to give all parties an equal chance In any
emergency. such as the one under discussion. |
and he added that by arranging the ballots so |
that even by shaking them up their relative |
DoRltiOnR would not he changed any inRDector
could effect the purpose OF q political con- |
spiracy