New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-11-23
THEIR HOPES CRUSHED.
JUDGE cULLEN's DECISION is AGAINST
CIRCUIT AND wUEsT.

THE DEFEATED CANDIDATES WILL. NOT ATTEMPT
TO RIGHT THEIR WRONGS" BY ouo
wARRAYTo PROCEEDINGS.
Judge Edgar NJ. Cullen. OF the Supreme Court, IN
BROOKLYN yesterday morning decided against bu-
ward NJ Grout and William p. Wuest respectively
the Democratic candidate for Mayor and Corohe
in the last election, who have been trying 10 emo"
shadow OF success in election returns that PLAINLY
spelled their complete defeat. Grout ana "ues'
mainly contended that certain ballots attached 10
the returns objected TO should have peen
counted. They knew that they could not pluck
victory from defeat II the ballots marked
defective were counted for them. Yet they IN
sisted that they should have been counted 1es-
terday Judge Cullen decided that there was nothing
before him to show that the ballots had not pee"
counted.
He also decided that technical errors are not
necessarily fatal and that so long as there y
reasonable certainty OF determining the Intention
OF voter. mark or cross not made exacus III
the right place shall not make a ballot void lie
also plainly defined the duties OF canvassers; anu
held that the Common Council and the Board OF
Supervisors compelled TO act as boards III
making the canvass and must not act through the
medium OF canvassing committees. Also that the
Boards may not pass judcialy upon the returns
nor may the Court compel them by mandamus to
do so.
In the return OF the First District o. the First
Ward the subject OF CIRCUITS application against
the Aldermanic canvassers. six ballots were re-
turned objected to as marked. Mr.. CIRCUITS oppo-
nents conceded the rule laid down by the Court
that these ballots should have been counted. Dut
insisted that they had not been counted Judge
Cullen said that an examination OF the return
tended to show that the ballots were counted or
at least entirely failed TO show that they were not
counted. He added that It must be presumed that
the district canvassers performed their duty. and
that that presumption must prevail in the absence
OF proof to the contrary
He added-and IL is a cold and cammy sop OF
comfort to the discon.oate Grou; and Wuest-
that their right to office and the validity OF the
ballots still be investigated through quo war
ranto proceedings. The suggestion, with apologies
to the learned Judge. must seem like the cracking
OF dry thorns under empty pot TO Grout ana
WueS:. who find only crumb to satisfy the IN
sstent appetite OF their starving hopes The
further they the worse they are beaten
In the opinion OF Judge Cullen. It would be de-
parture from the settled law 10 compel the count
ing OF the rejected ballots. and to prevent the re-
currence OF such evil in the future the Legis-
latt re mus; be appealed The application 10
compel a count or allowance OF the rejected bal
lots he therefore denied. although In other respects
the application granted. The work OF the
Board OF Aldermen will be formal in canvassng
the municipal vote as a Board. and Mr.. Grout
gain nothing by the recanvas sing The de-
cision the question OF defective ballots. OF
course. applies adversely TO the application OF
Wuest against the County Supervisors based on
the returns in the FRS. District OF the Third Ward.
Edward NJ Grout Jerry A. Weinberg. Almet r.
Jerks 5. S Whitehouse and Alexander Cameron
held a conference In Mr. Wernbergs office last
night 10 determine whether IL wise 10 make
any further legal contest OF Mr.. Wurster's cleo
ton
They issued a stateren, late IN the evening. say
ing that Judge Cullens decision justified their
action and conceded that wrongs could now
be righted, except by tedious and in this instance
imprac ticable quo uarranto proceedings" In their
statement they also conceded that, on account OF
The number and character OF the detective ballots,
further contest would not change the result
II their statement last night can be taken as a
through with the election OF 1895. and doubt
according a recent declaration. he Will now
send Mr.. Wurster note OF generalization on his
honorable and. 10 the city welcome victory.
The Board OF Aldermen OF Brooklyn met yes
terday morning. and Their the Election Committee
met but had nothing to do because II had al
ready completed It's canvass OF the th.rty-one mu-
nicipal wards, giving Mr.. Wurster a majority for
Mayor Mr.. Grout OF Abb The exact vote for
Aldermen will not be known for several days. as
three districts have yet TO be added
The Board Will meet this morning and adjourn.
probably after instructing the City Clerk TO send
word 10 the district canvassers, who must rectify
discrepancies In their returns. II IL not expected
that much will be done until Monday night. when
the Board will organize. Then the work OF the
BOARD will be formal The results already obtained
by the Election Committee Will be read and
cepied or rejected and there will not be another
The work should be finished in few days The
delinquent district canvassers viii be sent FOR In
squads compelling the attendance OF sevcnty-ive
or a hundred canvassers each night