The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-04-19

HoIgate.
Ex-senator NJ T.. Mcdonald, one of
the attorneys representing County
Treasurer NJ. j. Kelly, in the contest
instituted by w. $. Langstaff for the
office of county treasurer, yesterday
filed exceptions to the bill of particu-
lars filed by the respondents on April
8. In presenting the exceptions Mr.
Mcdonald made some very tart re-
marks concerning the action of the
attorneys for the respondent in filing
such "a bill of particulars. 1t was not
what it purported to be, he said; it was
merely drag net. Judges Archibald,
Gunster and Edwards were on the
bench at the time.
THE bill Of particulars that has been
illed in this case, or at least what is
called bill of particulars, is fraud
and an imposition on Mr.. Kelly, the
Court and the taxpayers of this court 4"
saiG Mr.. Mcdonald. More than this.
1t is an insult to many of the most rep
rcsentativc citizens of this county who
are charged with various kinds of cleo
ton Irregularities, one of the most
temperate of which is that they are not
naturalized, although they and their
ancestors were born and raised here.
When Mr.. Langstaff and his attor-
neys charged these men with being
aliens they knew the charge was false,
as very slight examination and in
quiry would show them to be untrue
No man should be permitted i'm a court
of law to go on a fishing expedition
for bad votes. Unless they are able TO
show the facts on which the contest is
based it has no standing. 1t is a fact
well known to the attorneys for the
contestant that 80 per cent. of the men
they have challenged on the ground
that they are not naturalized were
born in this country or have been regu-
larly naturalized, and we submit that
this of itself is an evidence of bad
faith and of the fact that there is no
real ground for a contest"
MIR. HOLGATE's REPLY.
r. II. Holgate, one of Mr. Langstaff's
attorneys, denied with much vigor that
they were acting in bad faith or that
there was anything fraudulent about
their bill Of particulars Many illegal
votes were cast at the last election
many are cast at every election and it
was their duty to find them The way
to find them is to subpoena the voters
and examine them. The politics of the
county, Mr.. Holgate said. is rotten to
the core, and a thorough examination
of the qualifications of the voters of
both parties would undoubtedly reveal
a large number of illegal votes. He
thought this should be done
Judge Gunster interrogated Mr.. HOl-
gate at this point. He wanted to know
If bill of particulars specifying votes
actually supposed to be illegal could
not be prepared. Mr.. HOlGate thought
1t would be very hard to do that until
they had an opportunity Of examining
the voters.
Il take that as an admission that
there is little ground for contest" ="
was Judge GunSter's comment. Judge
Archibald thought the bill was not Spe-
Citic enough and Judge Edwards said
he did not think a contestant could cite
a number of reasons that would make
vote illegal and then add to this a
list of the names of the voters of the
county.
The formal exceptions filed by Mr..
Mcdonald We're as follows:
IISN-l ne S'tu Dlli OF particulars ~
fatally defective because it Is not ver-
fed by affidavit as required by law ANA
the rules and customs of this court
Second-Bccause the bill of particulars
is not made in good faith, as shown by
the statements and the bill itself
Third-BeCause the alleged bin of par
uculars is vague, indefinite, Jumping ana
an imposition on the court, respondent
and taxpayers of the county.
Is NOT a BILL.
Fourth-The alleged bill Of particulars
is no bin of particulars at ALL because the
number Of illegal votes alleged exceeds
the whole number Of votes east for he
respondent in this case, and therefore
could not be "a bill of particulars, and
does not specify any particular votes
out of the whole pOll cast, specifications
being for more than the number of votes
received for Kelly.
Fifth-The alleged bill of particulars
specifies more Illegal votes by reason Of
foreigners voting without naturalization
than there are foreigners IN the county.
SiXth-That the alleged bin Of particu-
lars specifies upward of thirteen thou
sand names having voted illegally for the
reason that they We're not naturalizcd.
SeVenth-The bill Of particulars is de-
fective in the following respects: 1t pa.-
tcularizcs the names of l3,O22 votes or
thereabOuts as having been illegally cast
by foreigners not properly uaturalized
the whole number of votes received by
Kelly as returned being 1897, and this
bill of particulars, therefore, excludes all
the native born citizens and an the for
eign-born citizens voting for him who had
been properly naturaiZed, thus showing
that The alleged bin Of particulars claims
that all except about 500 votes for Kelly
were Illegal on this ground.
Eightb-The alleged bill Of particulars
Is no bill of particulars at all for the
reason that about lG,525 voters are speci-
fled as being illegal voters for the fol-
lowing reasons:
First--No taxes had been assessed to
them i'm conformity with law.
Second-That none of them had paid
taxes as required by law.
Third-That none of them had resided
IN the election district where they cast
their said votes for the full period re-
qlred by law.
Fourth-That they were none Of them
Of the are Of p years and upwards at the
date of said election.
Fifth-1hat each of them voted at more
than one election district.
SiX'h-That they and each OF them had
received assistance in making up and
marking their ballots without legal neces-
sity Tor so doing and in violation Of the
Baker ballot law
VOTED MORE THAN ONCE.
Seventh-That they and each Of them
voted more than once for said office at
said election.
Eighth-That they and each of them re-
ceived gifts, reward and money, goods
and valuable things, promise of office,
81. aN.4r..a L.