New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1905-12-02
HEARST GAINS SEVENTEEN
RECOUNT IN 8 DISTRICTS.
Stops Work on Fifth Boo
attorneys WrangLe.

A recount of the votes in five ballot boxes
which were opened last evening in the Supreme
Court before Justice Amend resulted in a gain of
seventeen votes for William r. Hearst. This
gain was in three election districts. The recount
made change in the return from one district,
and the recount OF the ballots III the fifth box
was stopped because of an appeal to be taken
to the Appellate Division regarding its contents
The ballot box first opened was that Of the
18th Election District Of the 1st Assembly Dis
trict The recount showed that three votes for
Hearst had been counted for Mayor Mcclellan
and one Hearst vote had not been counted at
all Mr.. Hearst thus gained four votes in the
district and Mayor Mcclellan lost three a net
gain of seven for Mr.. Hearst
The recount of ballots in the box of the 6tb
Election District Of the I'd Assembly District
showed net gain Of four votes for Mr.. Hearst
For the Sd Election District OF the 4th Assembly
District Mr.. Hearst's net gain was six votes
The fifth box opened was that of the I'd Elec-
ton District Of the 9th Assembly District In
this district, on the affidavit of George F. AL
exander, a lawyer, Of No. 50 Nassau-st., and
Jerome watcher on Election Day, it is alleged
that there thirty-one protested ballots in
the box that were counted for Mcclellan. Under
Justice Amends amended order as signed yes
terday these ballots cannot be taken from the
box passed on by a justice as to their valid
ity, so appeal will be taken next week to
the Appellate Division of the Supreme Court,
asking for a ruling as to the right of the
Hearst counsel to protest these ballots on the
recount, and have them passed on by Justice
Giegrich. It is held by the Hearst attorneys
that if they were brought to the court they
would be thrown out s.a
The opening of the five, ballot boxes was the
result of an agreement reached after a wTangie
between opposing counsel in the Supreme Court
was started by Assistant Corporation Counsel
Butts, representing the election officers, moving
TO have Justice Amends order for opening the
boxes amended so as TO prevent a recanvaSs of
Mr.. Butts was supported by ex-Judge Parker,
representing Mayor Mcclellan. Austen G. Fox
ana Henry NJ. Yonge. of William R Hearst's
counsel fought for recanVaSs of the votes. At
one point in the controversy Mr.. Fox asked Mr.
Butts if he wanted to prevent the recount from
showing if ballots cast for Mr.. Hearst had been
counted for Mayor Mcclellan. e.
I'VE do" replied Mr.. Butts.
IN other words said Mr.. Fox, you object
to a true count now"
Mr.. Yonge said that counsel for Mayor Nc
Jekyll and Mr.. Hyde, whereat Mr.. Parker took
offence. Mr.. Fox also irrtated Mr.. Parker by
interrupting him when he reading from a
part of the disturbing motion.
"Oh, see he starts with the tail and leaves
out the body" said Mr.. Fox, causing laughter in
the court
Mr.. Parker turned to Mr. Fox angrily, saying:
Il consider this piece of impertinence. on your
part
Justice Amend at length brought the proceed
ings to a close by deciding that the order to open
strict the recount to the votes for Mayor, Con-
troler and President OF the Board of Aldermen
and keep the void" and protested" ballots al
ready examined before Justice Glegerich from
being recounted with the ballots in the boxes.
At this the opposing lawyers said they We're
satisfied, both sides claiming victory.