New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-11-03
ABSURD, SAYS MC4LL.
Not Perjury Merely to S7cear False
Ia. When Challenged, He Says.

Justice Mccall Yesterday after discussion with
the Superintendent of Elections George W Nor
gan IN the case OF Charles Mccarthy who was
held by Justice OImsted in 50 500 the grand Jury
for perjury in falsely answering questions in a
challenge AFFIDAVIT. again declared vigorously that
he believed the law was unconstitutional and
absurd He sustained the writ of habeas corpus
obtained by counsel for Mccarthy. and ordered his
discharge
Mccarthy was charged with perjury in giving the
name of his last employer as Samuel Edelstein. Of
No q Clinton-st. whereas he had not worked at
that address Edelstein's horseshoeing shop being
at No IS Clinton-st Mccarthy said when brought
before Justice Olmsted that he had made mistake
In tho address, but had worked for Edelstein at a
place il the block betwee" Rivington and Stanton
SITS.
No court" said Justice Mccall. wei mly, lis
bound to spell silly enactment of the legislature
or uphold a silly. nonsensical contention"
Mr.. Morgan wanted the court to say how far
answers to the questions which were untrue could
be considered as perjury.
Justice Mccall replied that such answers must be
made falsely, wilfully and with the intention OF
committing perjury. It absurd TO hold other
wise
Subsequently Mr.. Morgan was asked TO bring
forward a case as TO permit it being brought up
appeal and finally settled. Mr.. Morgan said he
would do so.
Mr.. Morgan received a letter yesterday from the
chairman OF the Tammany Hall Law Committee,
which was followed by personal call from mem
bers of the committee. The letter said, in part
It IS clear that If you send a Republican deputy
any polling place, II is your duty also to send
a Democratic deputy, to be there at the same time
the other deputy and TO remain there as long as
the other deputy remains
l call your attention TO the wording of the sec
ton, which provides, Deputies appointed under
this section shall not such be entitled to at
tend az h me P9 t PqGes on EeSon
that the above provisions Of law be enforced on
In case you have any warrants for the arrest
Of registered voters, on behalf Of the Democratic
organization in the city of New York. l request
that these warrants, be executed before Election
Day, that the facts in each may be judi
cially determined before the election, which is
not only fair thing TO the voter, but which
will prevent excitement at the polls.
Later Nj Morgan said that the call had been
very pleasant and the committee had simply told
me to do what I expect to do being in the Office
am at present" He added
Ine committee tod me tnat they had evidence
people IN the city, and Iold them that
they would present the evidence to I would
take pleasure in acting upon 1t and do all l could
arrest any of the illegally registered voters
Asked regarding the action he might take toward
the deputy sheriffs that Tammany might swear in
for Election Day. he said: 'AIl the deputy sherffs
sworn in for election will under my orders on
that day"
The office Of Mr.. Morgan will be crowded every
night this week. last night being the first of the
heavy night sessions. more than four hundred
subpnnas had been sent out in the of the
day returnable at night Most of the people who
went TO the Office last night boarding house
keepers, janitors and housekeepeTs, and they
there in droves. Many cases of alleged fraudulent
hand last night and the force will be increased If
necessary