Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1905-11-09
Municipal Ownership Candidate Alleges
Fraud in the Count.
SAYS RETURNS WERE HELD BACK
2s9orts from Lower EaS. Side Finas
Turned Scale to Mcclellan. 5
a-cENss MANY OFFERS OF AsslsTAs
Evening Post Calls Attention
incidents which Il says
should he Investi-
gated.

NEW YORK, Nov. S.-With the granting
cf an order by Supreme Court Justice Will
iiom Gaynor In Brooklyn, compelling Po-
lice Commissioner McAdoo to remove every
ballot box from all the precincts in Greater
Scw York TO the bureau OF elections, VIII
liam r. Hearst. the defeated Municipal
Ownership league candidate, took his first
iesal step in fight to secure a recount OF
the votes cast on election day. The order
was granted after Justice Gaynor had re-
viewed afidavits submitted by Mr.. Hearst's
attorneys and half an hour later Colonel
Alexander Bacon and E. W. Brown, repre-
senting Mr. Hearst. served the order on
Commissioner McAdoo, who sent out
general order to every precinct in Greater
New York, instructing the captains or other
officers IN charge to send the ballot boxes
straightway to the bureau OF elections In
Manhattan.
When notices were served on the SER
geants In command OF Charles street and
West Twentieth street stations to send
their ballot boxes to the bureau of cleo
tions the sergeants refused. saying the
captains Of their stations were the men to
tell them what to do and that they would
not send the boxes until their superior
officers had notified them.
In signing the order Justice Gaynor said:
The police have nothing whatever to 20
with the ballot boxes and II is most aston
ishing that they should have possession OF
them. They have no right to touch them.
The order Is granted
The granting of the order came uneN-
pectediy and caused much surprise, and
with the opinion of Justice Gaynor that the
police have no right to the ballot boxes
and should not even touch them. new as
pcct Is placed on the case. This is the first
time such an order was ever issued, as here
tofore the police had always had charge of
the ballot boxes after the count is taken at
tho polling places They are removed to
the station houses Immediately after the
ballots have been counted
Mv. WINS. the defeated mayorality candl-
date. was asked today by Mr.. Hearst 10
net as his counsel in the fight he will wage
tc be declared mayor Mr.. Wins refused.
but said he would gladly cooperate with
the attorneys who will conduct the fight as
ansgs;sQeiate counsel
Hearst Alleges Fraud.
That a bitter fight will be waged in the
courts to decide whether Mcclellan or
Hearst is to be mayor of New York
for the next four years is now as
sured The complete returns give Nc
Clelan a plurality OF 3,4S5 votes, the
smallest ever recorded for successful
mayoralty candidate and a result which
might he readily reversed by a recount
OF the ballots. Mr. Hearst today an
nounced his Intention to take an immedi-
ato appeal to the supreme court his
managers having declared that ;hey had
secured evidence Of illegal acts against
1000 inspectors of election and that 5000
Hearst men VSo went TO the polls to vote
for Mr., Hearst had found that their names
had already been voted
Fraud In Murphy's ward.
Most OF this fraudulent voting is said
to have been done in East Side assembly
districts and especially in the Eighteenth
Charles +. Murphy's home district. and II
the Sixth. of which Timothy d. Sullivan
is the leader.
Mr. Hearst's proposed action met will
warm approval in many quarters, ever
among those who opposed his election
and he resolved many assurances of sup
port District Attorney Jerome ex
pressed himself in terms of strong ap
proval of Mr. Hearst's program and de
clared that he would Immediately insti
tute q searching investigation of the al
legged democratic frauds. He also or
dared the returns from the Eighteenth
and Sixth districts to be carefully guarded
Ira @. Darrin. the newly elected distric
attorney Of Queens county on the re
William NJ. WINS. the defeated repub
llcan candidate for mayor also com
iaended Mr.. Hearst's action and expresses
the belief that a recount would shoV
rat Mr. Hearst had been elected.
statement by Tammany.
After q secret session OF the eXeeutiv
committee OF Tammany Hall this afternoon
the following statement was issued
The executive committee of the demo
cratic organization protests against the out
rageous published threat oy the Geteate
throw the will OF the people, as eXpresse
by the vote cast on election day, and di
rects its law committee to exert its bes
efforts and take such steps andR institut
such proceedings as will safeguard IN
election OF George Il. Mcclellan as mayo
We also call on the commissioner Of pc
lice and the custodian OF the ballot
preserve the same intact from all interfer
once by any one from an unauthorize
source.
Some of the leaders, after the meeting
expressed the opinion that the return
showed eensure OF Mr., Murphy's leadershi
and he should as a result step down an
out and make room for man agains
whom nothing could be charged. The
thought that IL was time for George 1
Mcclellan to assume the leadership himsel
superintendent Of Elections Morgan sal
tonight that while doubtless many illeg'
votes were cast. he would express no opiI
ion on the contention made by the Munic
pal Ownership league managers that the
amounted 10 $1,000 He had made. he sal,
many arrests, but only thirty OF the prisol
ers were held by the magistrates.
Attorney General Mayer said that he ha
information that Illegal votes were ca
in several assembly districts In any even
however" said the attorney general. ''eve
should we discover thousands Of cases
illegal voting, IL would not affect the eoun
for the reason that the ballots cannot I
deducted. So far as we are concerned OF
jurisdiction ends with the prosecution
the criminals where the crime OF illeg
voting has been committed"
statement by MIR. Hearst.
A campaign TO defeat Tammany Hall
the supreme court and 20 declare Villa