New-York tribune., 1905-11-28

Justice Amend yesterday granted mandamus
directing the inspectors OF five election districts
sn Manhattan to reconvene and open the ballot
boxes and recount the ballots The order was
granted the request OF counsel representing
William R Hearst, despite the arguments OF
ex-Judge Parker.
The decision of Justice Amend was given after
a spirited battle between Austen G. Fox, Henry
Yonge and Clarence ]. Shearn. representing Mr..
Hearst and Alton B. Parker, Arthur c. Butts
and Charles H. Knox, representing the Mayor
and the Corporation CounseIs Office and Tam
many Hall.
The decision is regarded as a great victory by
the Hearst forces as it probably means that the
courts ultimately will order the recounting OF
the vote in about 1,200 Of the 194S election dis
trtcts in the city
Another DEVELOPMENT yesterday was the deci-
rfon OF Attorney General Mayer to prosecute
Alderman DouIl and the inspectors Of elections
in four or five districts for alleged alteration Of
the returns While the charges against the
alderman and the inspectors rest TO some extent
on technicalities, the cases are serious, as the
violations seem to be plain
It IS understood that Mr.. Doull, as chairman Of
the board OF canvassers. is at least technically
guilty of forgery in directing the inspectors to
make changes in the returns so to make them
disagree with the ballots in The boxes, and the
inspectors. it is alleged, guilty Of technical
perjury IN having made af1davits to returns
which were at least technically false and ir-
regular.
Clarence ]. shearn. in speaking of the case of
Doull. said last night:
General to the method Of Dou1l, the chairman Of
the Board Of canv@ssers in correcting the returns
in new ones. This is clearly forgery. The thing
@ Sa{ PMehty 15es 9 o9aso 10y in pous @
@ % @ S f65 Weh @ nseeeofs o1d @ no these 1S had
not been counted, while as matter Of fact eleven
The changes ordered by Doun radically violated
the Law snd he will be called to aceo4nt INT for rs
Amend to sign in CONNECTION With the vote IN 5iye
vide that the inspectors and poll clerks shall as
sernbIe IN place designated IN the order OF the
some Justice viii have time to devote to it; that
the ballot boxes be there produced an9 opened pup
thS Election Code which requires. among other
watchers representing the interested parties. and
that return OF re G resHL OF the & 10tnT al ee a o to
be meG in the order. On a return OF that order
TO correct its work in accordance with the instruc-
uon Of the order -. -, 49, 10y,
be supervised by counsel rather than by the inspec
pedite the work If the court grants the order to
morrow expect it will. the boxes in question
this week If. on the other hand the counsel for
contest may be prolonged beyond the end ol this
year
In asking for 7vrits to open the ballot boxes
aGr Fox said in part:
II may have occurred to you what personal in
teresL the Chief Executive Of this city has in this
matter when he appears here TO attempt to prevent
to sy 9P q Poes 3e sSa be ne eone s asVs cast a
no negligence or misconduct on the part Of those
VINO made out the tally sheets or on the part OF
the ballot clerks inspectors Of election can be
Permitted TO permanently suppress tt
Mr.. Fl, submitted photographs Of the tally
sheets IN the five districts He said that the
figures given did not correspond with the num-
her of votes said TO have been cast. and in the
Sd Election District Of the 4th Assembly Dis
trict mistake was made in returning the vote
for Mcclellan as 126 instead Of IL. and that
for Lee. the Socialist candidate, as % instead
Of 21
Ex-Judge Parker addressed the court in be-
half Of Mayor Mcclellan. He said:
Il Is mistake TO say that there has been on the
part OF Mayor Mcclellan at any time any obstruc-
ton. Every order that has so Tar been granted by
the court has been granted on the consent OF the
Mayor and his counsel. Our position is that, if,
upon the examination Of the afldavts the discrep
sncies are not fully accounted for then you should
issue the orders, but if YOU find the evidence salts
factory then the ballot boxes should not be opened
what the inspectors ought have done that night.
Ny proposition throughout is that there was no
Fdling 10 concece that, II there any reason
for recount of the vote that night, you should
grant the orders. I think that she other side are
hanging on technicahties.
H NJ Yonge answered ex-Judge Parker with:
We are not hanging back on technicalities We
law and an opinion written by Judge Parker him
self and with which am 50 familiar that / know
1t word for wcrd