The weekly true Democrat. (Tallahassee, Fla.) 1905-1912, 1905-11-17
TO THE COURTS
HEARST GOES
Claims He Was Defrauded in New
York MayoraIty Election.
A RECOUNT IS DEMANDED
As First Legal Step, Judge GaYnOr Or
derS That Ballot Boxes Be Turned
Over 10 Bureau Of Elections.

With the granting OF an order by
Supreme Court Justice William j.
Gaynor, in Brooklyn Wednesday
night, compelling Police Commission
Ell McAdoo to remove every ballot box
from all the precincts in Greater
New York TO the bureau of elections,
william Il. Hearst, the defeated Mu.
nicipal Ownership League candidate.
took his first legal step In a fight to
secure a recount of the votes east
on election day.
The order was granted after JUS
tice Gaynor had reviewed affidavits
submitted by Mr.. Hearst's attorneys,
and half an hour later Colonel Alex
ander s. Bacon and F. W. Brown,
representing Mr.. Hearst, served the
order on Commissioner McAdoo. who
sent out a general Order to every pre-.
cinct in Greater New York. instruct.
ing the captains or other officers in
charge 70 send the ballot boxes
straightway to the bureau OF elec-
tons in Manhattan. In signing the
order. Justice Gaynor said
THE police have nothing whatever
TO do with the ballot boxes, and It Is
most astonishing that they should
have possession OF them. They have
no right to even touch them. The or
der is granted"
The granting of the order came
Unexpectedly and caused much sur
prise, and with the opinion Of Justice
Gaynor that the police have no right
to the ballot boxes, and should not
even touch them, a now aspect Is
placed on the case. This is tho first
time such an order was ever issued,
as heretofore the police have always
had charge of the ballot boxes after
the count had been taken at the poll
ing places They are removed TO the
station house Immediately after the
inspectors and clerks have counted.
up the ballots.
Mr. WINS, the defeated republican
mayoralty candidate, was asked by
Mr. Hearst 20 act as his counsel in
the fight he will wage to be declared
mayor Mr.. WINS refused, but said
he would gladly cooperate with the
attorneys who will conduct the fight
as an associate counsel.
Mr.. Hearst's proposed action met
with warm approval In many quarters,
even among those who opposed his
election. and he received many assur.
ances OF support. District Attorney
Jerome expressed himself IN forms OF
strong approval OF Mr. Hearst's pro-
gram and declared that he would i'm.
mediately institute a searching inves.
tigation OF the alleged democratic
frauds.
After a secret session OF the eK
ccutive committee OF Tammany Hall.
held Wednesday afternoon. the fol.
lowing statement was issued
"The executive committee OF the
democratic organization protests
against the outrageous publshel
threat Of the defeated candidate of
the municipal ownership league 20
overthrow the will OF the people. as
expressed by the vote cast on cleo.
ton day, and directs the law com.
mittee 20 exert It's best efforts and
take such steps and institute such
proceedings as will safeguard the
election OF George b. Mcclellan as
mayor Of New York.
1--WE also call On the commissioner
OF police and the custodian OF the
ballot to preserve the same intact
from all interference by any one from
any unauthorized source"
The city OF New York, complete.
but UNOFFICIAL, gives Mcclellan s.4s5
plurality over Hearst. The total vote
was: Mcclellan. 22s.5e2; Hearst, 225..
ieS; Wins, ls7.ole.