The sun. [volume] (New York [N.Y.]) 1833-1916, 1904-10-27
NO POPS TO HELP ABE GRUBER.
FRAUDULENT PETITION THROWN
OUT BY COURT.

Trouble Ahead, Possibly, for the NOtaries
Who Swore That Dead Men and Myth.
cal Men to Them Personally Known
Came Before Them and signed II.
Henry NJ. Mcdonald will not run for
Congress on the Peoples party ticket in the
territory presided over by Abe Gruber.
He tried to mandamus the Board OF Elec-
tons to accept the so-called petition for
the nomination Of the Populist candidates
in these parts. but the application was
thrown out of court by Justice Mccall yes
terday afternoon.
The argument before Justice Mccall
developed that on the petitions were many
names Of non-residents and OF dead men.
and namej purely fictitious, which were ap-
parently certified to by notaries who pro-
fessed, over their hand and seal, that these
imaginary persons With impossible ad-
dresses had come before them and per-
sonally affixed their signatures to the petit
ton. The District Attorney may have
something to do with this case later.
Lawyer Herbert r. Limburger, for
Mcdonald, argued that there were over
1000 bona fide signatures on the petition.
representing the Board Of Elections, re-
piled that after full hearing the petition
had been rejected as fraudulent in its in
ception. The names OF minors dead men,
men who believed they were signing, an
eight hour law petition and men who had
never signed at all were found on the petit
ton. There were almost 800 duplicates
on the lists also, and, in fact, il the board
had passed such petition 1t would have
laid itself open to criminal prosecution.
Handing up one Of the sheets to Justice
Mccall, Mr. Butts said:
syour Honor inst read the name and
address l have underlined there. 1t Is too
filthy for public repetition"
Justice Mccall looked up in surprise, and
then exclaimed:
ia And Az you say that notary swere he
Yes. your Honor; and there are many
more of similar character throughout
the lists"
But" interrupted the Court, sis not that
enough to impeach the integrity OF such
acted wilfully, through ignorance or neg
Mr.. Limburger thought that the person
who gave such name was responsible. ,
Does not the notary swear, exclaimed
Justice Mccall, that he knows personally
the individual who signed this name and
address. and that this person came before
him and signed the petition in his presence?
The Board of Elections should not accept
any affidavit whatever sworn to by such
without additional proof, and can only
reach the conclusion that this certificate
is fraudulent. Do you mean. to tell me
that dead mems names have been signed
to this petition and certificate, Mr.. Butts?"
Certainly l do, your Honor. Here is
one particular case where the widow sweaYs
that the man whose alleged signature is
attached died seven years ago at the adj
dress given"
But even striking all these disputed
names ont said Mr. I,imb,lr ger, there
are still more than sufficient"
Just as Mr.. Butts was about to speak
again Henry NJ. Mcdonald. who had been
sitting at the lawyers table throughout
the proceedings, arose and addressed the
Court
Il have been member Of this bar for
twenty-five years, your Honor he said,
although have not practised for twenty
years. With regard to the affidavit made
by this notary he was not employed by
me TO get signatures but by the executive
committee Of the Peoples party. have no
words sufficiently strong to reprobate the
introduction OF any scandalous names on
this petition, but 1 consider that every
signature should stand on its own merits"
Justice Mccall cut the argument short
by advising counsel to get together during
recess and see how many bona fde sigma
lures remained 30 that he could reach a
decision.
After recess Charles c. Carson, named
as candidate for the Senate on the same
petition, announced that he would decline
to run. He was put on the witness stand
and testified that he could not in justice
to himself permit such names as he had
found on the petition to be used to aid his
candidacy.
Justice Mccall commended Mr. Carson
and upheld the decision of the Board Of
Elections in McDonalds. case, The Pop
ballots n Gruber's territory will be blank
for fhase Offices