The evening world., 1894-02-06
DARK FOR NEVILLE.
Watcher sedgwick Tells of the
Inspectors Neglect Of Duty.
Democratic Vote Increased When
Fl Ballots Were Taken Out.
Lawyer Schampain Neglects HI,
Client to Attend II Police Court.

int inspectors Ol election III tnc lWenty-
eighth Election District OF the Fourth
Assembly District, for alleged neglect
OF duty at the last election. was re-
sumed to-day before Justice Barrett, In
the Court OF oyer and Tcrminer.
Neville is II Tatnmany man, and vas
Chairman of the Board of Inspectors.
John Harding and John Kiley were in
dicted with Neville, but liilcy. the Re
publican inspector, has vanished from
the sight OF those who would gather
him In the laws tender clutches. Hard
ing,s trial Will follow that OF Neville,
The proceeding presents u peculiar
situation. The prisoner is a Tammany-
lite; the prosecutor, Assistant District
Attorney Wellman, owes his position nj
his $1,000 salary to the Tammany Hall
majority that elected Col. John X. Eel
lows to the District Attorueyship. and
Justice Barrett, presiding. although first
elected to the Bench as an anti-Tam-
many candidate. and still credited
with an utter lack of affection for the
Wigwam, was reelected w years ago
as the candidate Of Tammany Hall.
The jury. however, was selected with
special care and no citizen who CON
ceptcd. 1t is said that "A majority of the
jurymen are Republicans.
There were l9S registered voters In the
At the close of the polls the poll-list
showed that l76 of the l9s had voted.
The, inspectors declared that they found
IN ballots in the box, and that number
were credited win voting, Then the
Inspectors took a recess for supper,
contrary to law. After supper they
counted the ballots again, and the num-
Der in the box was declared to he l9S.
The law says that whore there Is an
excess of ballots the excessive number
shall be drawn out by lot before the
ballots are nnpnpl 1llt those las wore
opci FL and separated into four piles.
The count had been declared to he $50
Democratic, 70 Republican. 10 Soclalistic.
D Populist and Z scattering.
The ballots were replaced in the box,
the Democratic at the bottom. A clerk
drew out twenty-one by lot" and the
list and Socialist. To add to the queer
ness of the proceeding, the inspectors
announced as the result Of n third count
that lES of the ~ We're Democratic.
All this constitutes neglect of duty
under the law. But it Is n felony, pun
ishable with three years IN State prison
or 5000 fine or both.
Charles. J. Schampain. council for
Neville. failed to appear when court
convened this morning. and even the ac-
cused was not in his place:
Justice barrett waited; He was plainly
minutes tardy. Justice Barrett called a
deputy sheriff to his desk and whispered.
his brow knitting ominously towards
Neville.
Neville will be on hand In future. He
Is In custody OF the deputy.
Presently a young man entered hastily
and told the Court that Mr.. Schampain
was delayed by a case he was trying in
the iorkville District court
Justice Barrett. was speechless with
establishment and Indignation. He de-
clared 1t to be the most remarkable pro-
ceeding he had ever experienced. and
said:
81 shall assign some other counsel to
can give some good good
reason-for keeping this Court of oyer
and ,Terminer and the. business of the
people in waiting while he engages in the
trial of a petty suit in n petty court l
shall deem 1t my duty to take some ac-
ton in this matter"
Lewis Stuyvesant Chan!er was as
signed by the Court to go IN with the
defense of Neville. and the trial went
on an hour later than the appointed
hour.
of Elections; NJ. +. Blake, clerk Of the
Common Council, and County Clerk
Scully were called 10 prove from their
books that Neville was one of the In
spectorS If Election in the Twcnty-eighth
District of the Fourth: that the vote OF
that district was reported by the In
spectors as stated above, and other points
Henry b. Sedgwick, who was a watcher
at the polls in behalf of the city Bar
Association, was called next to the Wit
neSS-StinI.
Al this polt. 11.2O o'clock, Mr.. Scham-
pain hurried breathlessly into the room.
lie explained that he had visited the
Ftfty-seventh Street Court to try n case
at . o'clock, in which there was danger
that his client might be locked up. He
apologized humbly to the Court, the
jury and the prosecution.
Justice Barrett forgave him, but with
some stringent remark about a lawyer
who chose II petty case involving a few
dollars to one in which IL mans liberty
was at stake. Then Mr., Chanlcr was
relieved, Justice Barrett saying:
You vii, proceed to your duty Mr..
Schampian," in an icy tone.
Witness Sedgwick described the poll
described with minuteness the positions
of each person in the room where the
polls were closed and the counting be-
gan; lhe poll clerks and the ballot
cast. and eleven ballots destroyed; and
Sedgwick noticed that this was appar-
emily correct, the number Of the mex
ballot on the unvotcd pile being 1873,
begin" said the witness, land the in
spcctors and clerks opened n separated
the ballots. placing them in five piles. They
lay there when, Neville ordered a recess
for supper, ard trays were brought in
laden with steaks, chops and the like;
u was invited to eat. | did eat a bit
were not within my range of vision.
After eating Neville counted again, by
parties, the other inspectors counting
after him. The count showed 1893 votes,
$50 Of which were Democratic, 90 Repub-
lican. Is Socialist, q Populist and 7 indie
pendent"
Somehow twenty-one extra ballots had
got into the piles while the election OFF,
GERS ate. and the next thing was to get
rid ~ this surplus.
Sedgwick described how Neville com
piled with the law, which says the bal
lots shall be mingled thoroughly In the
box and then a number equal to the
surplus drawn out by lot.
Neville placed the ballots in the bottom
OF the box. opened and fiat said the
witness. "Iie put them in the box in
lunches from the piles. The ballot was
nearly as large as the bottom OF the box.
The Independent Assembly ballots went
on top. Neville shook the box a very.
The witness shook the court bible and
| declared that the ballots did not shift
their relative positions in this shaking
any more tina did the leaves OF the
book.
ny direction Of Neville, Inspector
John Harding turned his back To the
box and drew out twenty-one ballots,
taking them from the top. Then what
were left In the box were counted again
and the results announced"
hen came the astonishing discovery
hat in this drawing by lot the numbpr
u Democratic tickets had increased 10
los!
Sedgwick said that all the ballots
were cOuntel as "straiEhtS," although
he had noticed pastors on several bal