New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1898-11-08
POINTS FOR COL. GARDINER.
MAGISTRATE DEUEL. REPLIES TO THE
DISTRICT ATTORNEY.

MAGISTRATE Deuel. president OF the Board Oh NY
Magistrates Yesterday sent letter 10 b'9'i''
| Attorney Gardiner in answer to comh"in'"''O"
/ sent by the latter on Sunday 10 the MaglSu"''''
tho chief of Police and Superintendent McCulash
/ in which the Dstrct-Attorney expressed the rear
tho, legal voters were likely to be deprived or the
right 10 vote by the withholding from service ui''i
| Election Day of warrants FOR Illegal resls'ra'o"
MAGISTRATE Deuel. denies that there mas ever pVe"
an attempt made 80 to disfranchse Il les"' W.
and expains that there is often diihcuiS III SCI
a,,oh ,yarran~ because the man who registers
mepally keeps under cover as much as PosAD''
! The Magistrate then goes on to c'te o"Ne '",
a,h, 80 ,~o,.o Of interest 20 Colone. Gardiner lie
says:
Let me state an instance which tame before Two ,,'e
recently in the Seventh District Sour ..or,er,ng
while engaged IN Ne 20,
Ihe registry ascertained that one rcgs,eIeu III.
was an unnaturalized alien ne naf avcn fortified
bogus citizen payers OF Wnc dd not rush
many sun a. eS'a Warrant for hat man they hunted
him up and learned from nm tn9' Az, "a not know
| ,haI his name was registered as = NEte ..ruo,ions
renortcd the fact TO me- and asked Iot irson hop-
Inc TO ect in an additional vote hSd ittntion 10
personatcd this individual W,," ON Election Day
~ iir,,ructons we're TO execute warrant III ne
case the day Of eiec,lq I1e You may yet be
caIlrd upon to send that party TO pi uben Won
truSt you , ~ The warrant was held In abeyamC,
until the right individual furnisnrsa himself Can
! N a successful prOsecuton-i9ehNIre ne mat?
~, .o,| s,ssest any better way in cases IKE ''''
,,.or going on 10 deny Major GARDENERS con'eh-
! ,,on ,na, warrants based upon Information anu "e
lief ought not to be issued NJ Magistrate Deu'' soy
For over half century this city has been H lgS
public suspicion as TO et S4 yl'sprcad "conni-
rancc' 10 def, at an honest ballot ana Il Ia,
ha, WIZ iSce has been proven that the beufi -
It Universal that ii is utterly impossible 10 on
tain an hone and w1Td not # there were
presen, purpose with those Gn"tee rocerd against
Very person who regardless of party cohSlue'"-
ton. wilfully violates il.
GARDENERS MANDAMUS PROCEEDING
The District-Ato-ney's application for a VIII %
nandamus compelling Magistrate Omsteu 10 s'o"
him the warrants that had been ISSUE III lIes"'
,eistration cases came up for a hearing yesterday
/ ofternoon before Justice Freedman In the supreme
| Court Ccione Gardner opened the hearl"s' ~
scriblng how he had sent Assistant Distf'c'-A''o'
ucv Grady TO look AZ the warrants ana no" F''
mission to do had been refused ho'h 20 HIS d.
sistant and to himself. Proceeding, ne S""'
AS rule these small affairs are left 10 tah'
/ tbe,r course before the Magistrates but sometimes
il is expedient to take another course Nhe" "''
District Attorney wished to inspect the warrants
| he had right TO do so. II may be tha' ""I'""'
had been issued for some person to whom ''' o'"'7
! has granted immunity for states evidence III
! murder case | only cite that an Instance OF
/ the right Of the District-Attorney to examine an
warrants The Is so elementary mat ! am
surprised ] am forced to come here to argue H.
Flhu Root appeared for NJ gisrate Olmst"d lie
| read an affidavit made by the Magistrate uo-
scribing the circumstances under which ne had de.
clined TO allow the papers TO pe seen W. fCeI
then declared that the MagstIae Ha1 IN no. he ' mst
permission absolutely. but had sa,1 mn tn'
have time TO cOnsiCer the matter. The Maslsud'e
merely wsnyu nppcation said Mr. Root The
report Of the city Court sten9grapher corIoboratcd
ne co,ns IN fbe case to subm, briefs upon
! the law Of the matter and reserved ms decision .
deal with eases OF alleged election frauds was
sworn in yesterday by Judge Cowing IN rart @
duSgn Coung toId the Grand Jury that there were
AZ ov cases Of alleged Illegal
registration awaiting their consloeIat"I i,d 'i q
pIain intent TO defraud were TO be seriously con
sidered by them; Several OF ne caseS Sre ,aN,
UP by the Grand Jury In the afternoon ou' 10 'e-
| pert made upon them
REGISTRATION CASES IN COURT.
Of the cases Of alleged Illegal registration that
! came M Yesterday perhaps the most interesting
was that Of Florence j. and "Chrystie sullivan
who we're arrested for registering from the latter
saloon at No. 81 Bowery. Senator Grady appeared
for the Sull!vans In the Essex Market Police Court
! He waived examination for them and for charles
II Perry. who registered from the same address.
Magistrate Flammer held Perry in $1,000 ball.
! Senator Grady later applied for writ OF haDeas
I corpus for Perry before Justice Lawrence III the
supreme Court The contention against Perry vas
! that h., had legal residence IN inns coui.N
| but had been brought here from me htde N.Y., ,I
| Beach racetrack. Ehhu Root appeai"H l 81 W.
! prosecution and Justice Lawrence reserved ms uc-
On warrants obtained by deputy-superintenGle'
| island we're arrested yesterday morning, chatse.'
win registering illegally. All were REGISTERED al
tnr NiTG isTic The police Of the East One-hun-
drod-andtwenty- fifth-st. station made me
! I 4 DoWCen assistant druggist Al the ifdiIVHi
! Hospital! was one OF the men arrested. re y d
member of the 9TH Regiment Others on lnv me, l
the city benjamin Baker appeared for the prs
oners who were held in $500 bail raGn r, ,..s
ar yoH before Magistrate Olmsted yesterday IN
/ The Centre-st police court charged WIN lIee@'
IegistrfatWI ads6n Va rocy denied that he was
resident Of New-Jersey. and SAID he had Toaeu 4
for Foley MAGISTRATE omsted hello th3t 3'lhU r..
Foley's wife lived In Madison f4 ley ha' " resi-
Ex-Assistant Distrct-Attoiney OhNcr api'.ien ~
Justice Ere, 'Hl Yesterday ioi an Sioc,ior
nt.trjN Of TIC XXXIVth Assembly District %
erase from their rolls the names Of tlit .O.
of he Thirtysixt Election III .trict to 9lacn th'
same names their rolls JUST fr@eui h t, &C.
lion District could no, be compelled t. p%'e IN
names on their rolls The fau, iaE ne 1" noum +,
the themselves, VINO s"ou'" nave ~ "
what dstrc. they lived.
POLICE READY TO DO THEIR DUTY.
THE COMMISSIONERS SAY THAT THEY HAVE Al
WAYS BEEN PREPARED TO Exc
, CUTE THE LAW.
tn. Police Board held a meeting Yesterday an'
| considered the letter sent by Mr.. McCullagh. tn
State Superintendent Of Elections calling upon IN
? poljce TO assist him in enforcing the law az Tn
r polls to-day The Board sent reply. In which
protested that 1T is now. as IL has always been