The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-22
AS TO DECKER ON "PRO." VOTES
ALLEGED OFFER no SWING EN-
Away FROM (INNEEN
u Republican Candidate for Attorney.
General Would Help Lawyer Hart
to a quo Narranto-Law,cr Hart DE.
nIcs tunnccn's Name Goes on Ballot


\ curious story Of an alleged decker 10
throw or not 10 throw the Prohibtionist
vote of the state 10 the Democratic candidate
for Atorney-Gcncral appears in the paYcrs
in a case that Justice Bi,chofr decided ycs-
terday. The Prohibitions, vote far Gov
"r1or, by the'wav, was 1900 ia 1898.
stioo Bischa f. order directs Secretary
Of Stat" McDonough to accept aud certify
the nomination of John W. Gun cen, the
Democratic candidat" for Attorney General
rs the Prohibition candidate also A mo-
ton made bv counsel for Mr.. NcDonouch
to dismiss tho Applicant ion for the order
WIS denied
The motion 10 dismiss the application was
based on allegations that Colcridge 4. Hart q.
tho attorney for tho sTpli,ation, was prose-
outing the proceedings in furthcrance
OF corrupt purpose"
When the Secretary Of State refused 10
certify Gincen's nomination on tho ground
that II was not an original one, Cunneen
having already boon nominated on the
Democratic ticket, proceedings were begun
by j. r. Gillespie, taxpayer and a Profit
bitionist. to compel McDonough 10 accept
the nomination. Coleridge A. Hart, a
lawyer at IS Nassau street. also Prohi-
bitionist, appeared for Gillespie. While
the argument was being heard on Saturday
last. It was suddenly intercepted by the
entrance Of Manierre. candidate Of the
Prohibition party for Governor. Mr..
Manierre asked Judge Bischoff TO suspend
decision, as many Of tine party were opposed
TO Ctnnncns nomination.
AfterV ard the motion was made In cham
bers, asking that tho application be dis
missed, The motion was based on affidavts
made by Henry B. Conan, Deputy Attorney
General and candidate on the Republican
ticket for Attorney.General, and Cha rles
Van Kirk of the Albany law firm Of Patter.
son-Bulkeley 4 Van Kirk These affidavits
cast reflections on the good faith Of LAWYER
Hart. who some years ago ran for Justice
of the supreme Court In BROOKLYN
Mr. Conan swears that on oct 3 Har,
telcphoned to him in Albany, from this CITY,
20 ask what had been done about Hart's
application to the Acknowledgement for n
writ Of quo UdrrGrto to determine The title
N Justice Goodrich 10 the usticcship to
which Hart asserted that he himself Lad
been elected. When told that not hing had
been done, as the application was not in
legal form, Hart, as Conan says, replied
that the committee of the Prohibitions,
party for the nomination Of "A candidate for
Attorney-Oeneral was 20 meet that night
and Hart wanted TO know before il mot
what action would be taken on his applica-
ton. When told that that was impo sille
he complained that he was being UNFAIRLY
treated by Conan and the A,torney-Gcn-
eral.
Tho committee mot that night and in
dorsed tunneen, the d mocratic candi-
date.
Van Kinks affidavit is even more pointed
He says that after the argument on Sat
urday last, Hart said TO him that the ma
lority of the Prohibitionists did not favor
tunnecns nomination, and that il Van
MIX would promise that Conan. If elected,
would allow a hearing on Hart IS application
for quo warranto proceedings. and if Justice
Goodrich would not oppose the application,
Hart would withdraw the applicai ion then
before Justice Bischoff, and no nomination
az all would be made bv the Prohibit ionists
Van Kirk said he could not promise as TO
Justice Goodrich not opposing the aplica
ton, but he would think the matter over
Van Kirk says he was also told by Mr.
Manierre that il was al Harris request
that no candidate for Attorney General
had been named AT the Prohibit onist
convention. and that the managers o. the
party were anxious % help IIart in securing
the Supreme Court Judge ship he was fight
ing for
Later, on Saturday, Van Kirk telephoncd
to Hart that lie could not speak for Good
rich but that Hart would have IA hearing
on his application, Harris reply, he saws,
was that he must have written promise
by Justice Goodrich that the application
for a quo warranto would be unopposed
Falling to get any further sat isiac ton from
Van Kirk, Hart said that he would leave
the motion To be decided by Justice Bis
chof, but hat IL the order were in his favor
h" neel not enter II Immediately, and hat
II any arrangement could then be arrived
at, on the basis he had already suggested
it would not be necessary to enter the order
at all.
In a counter affidavit in reply 70 these
charges, Hart denied the allegations made
bv Conan and Van Kirk, and declared that
his conversations with both had been mis-
interpreted.
Justice Bisohof says he Is not satisfied
that there il a preponderanCe of evidence
in support of the allegations against Hart,
but he adds,
The denial Of this motion, however.
in not intended - preclude further in
qIiry into the conduct of the REALTORS
attorney. and If il should hereafter trans
pire tina, the charge of his attempted Use
of the process of the court for corrupt
purposes was founded in fact, the appro-
pirate punishment should and will be- melted
out TO him