The sun. [volume] (New York [N.Y.]) 1833-1916, 1896-11-24
MAYOR GLEASON DEMURS.
BUT THAT ELECTION INDICTMENT
MAT BE SUSTAINED.

"Batue-Axe" Methods in AppolutipE Erec-
ton Onciain Defended In Court-The
Vcry Grent Dinacuity In Finding Where
Long island CITY Democrats Were A.
The demurrer to tho indictment charging
Mayer Gleason with violation Of the election
laws was argued yesterday before Justice Gay
ncr In the Supreme CourtsChnmbers III Long
Island City. Tho big Mayor vas not In court,
but was represented bv his counsel, George w.
Stephens and Thomas y. BurEe. City Attorney.
The Indictment: against Mayor Gleason is
based upon his action in appointing as election
officials members OF that faction Of Democrats
headed by himself. lie made .the Rppoint-
mcnts after he had disqualified candidates
nominated by the jefferson Democracy, which
faction set up a claim OF regularity, owing to
its recognition by tho last state Convention
Of the Democratic party. Tho law requires the
selection of election officials equally from the
two dominant parties, and states that a domi.
nant party is the party or faction that WINS rec.
ognized by tho preceding. state Convention.
Lawyer stephens opened his. argument by
chnracterizlng tho charge. In the indictment as
an Omnibus charge. lie said II did not
specify in what particular instances Mayor
Gleason had violated the law in the appointment
of election officers. He said tho defence was
entitled to know Just who were meant. for In
case of a trial. they might be able to prove in
many instances that the so-called illegal cleo
ton officers had not been illegally appointed.
Counsel further contended that the ind.ct.
ment was defective, and besides failed to show
any allegation that Mayor Gleason knew that
the men he had appointed did not belong to
the Democratic party. Tho Mayor had ap-
pointed Democrats to one half tho positions in
each election district, and that was ali the law
required of him.
Justice Gaynor said that either one faction
or the other must be disconnected from the
regular Darty. anu-it was a QueSti N whether the
two factions could be regularly in The Demo.
cratic party by reason of unity OF political faith.
MIR. stephens replied that the lightning changes
in the Democratic ranks during the last cam
paign would make IL difficult to tell who were
Democrats and who were not. Justice Gay.
nor said the change OF political faith was not
the constituting element. in the case. The
District Attorney Noble. in opening his argyll
ment to sustain the Indictment. declared that
Long Island Getty to denote the Jefferson De-
mocrsoy. white the Gleason, party was known
h. W. Inc e't TWO @fastIons. said the Disirict
Attorney. lis AZ closely drawn in this city as it
would be impossible for Mr.. Gleason to select
Democrats without knowing to which faction
SisSbc ce0I hat the indictment should s ~
the names of the election officials alleged TO
have been illegally appointed. Mr.. Noble stat
'Sixty-nine out of one hundred we claim were
illegally. appointed" said the Distruct Attor.
bv Mr.. Gleason from his own party. Right
inter hc made the appointments he held a
meeting of his party and changed the name
from Tegular Democracy 10 the National
Democracy BY that aston he turned over
the machinery and votes Of his organization
10 the new party. He knew very we'll what
lie was doing at the time. He knew that
those appoint mems should have been given TO
the Jefferson Democracy."
1t was agreed by both sides finally that the
only question involved was whether Mr.. Glea- |
son had the right to appoint Democrats from q
faction OF the party other than the one recog-
nized by the last State Convention, and that in
the event OF the case going TO trial. there would
he no question about the legality OF the dis
qualification OF the men rejected for appoint
ment as election officials by Mr.. Gleason. JUS
tice Gaynor stated that while he believed the
only true test was actual connection with the
political organization of the State, he would
look into the matt r. He gave the counsel on
both sides until this afternoon to hand up their
papers. and said he would return and open the
court again on Monday next. II Is generally |
believed that Justice Gaynor will sustain the
Indictment, and set an early date for tho trial
of the big Mayor. |