New-York tribune., 1905-11-12
FLOOD OF AFFIDAVlTS.
MANY VOTING TIOLl4TIONS
attorney General Upholds Ballots
Nth Cross an T7gO Circles.

greater New ork yesterday attorneys fetaii"o
by William Randolph Hearst were busy with Dig
forces of stenographers taking down afhoavits
which will be investigated and used in the fight
of the Municipal Ownership League to wrest
the mayoralty from George B. Mcclellan
large force of private detectives, working under
the direction of John T. Mccullough, formerly
Superintendent Of Elections for this district. in
vestigated every affidavit to the last detail, 60
that Tammany's chances Of refutation may ba
minimized. Several Of the sworn statements
ceived yesterday OF such Importance thet
they will be referred to District Attorney Je-
rome, and may possibly form the basis OF further
indictments.
There was much Joy in the ranks of the Munic-
ipai League yesterday when they obtained an
opinion from Attorney General Mayer that the
ballots with two cross marks in circles-one uh-
der the party emblem and under the Jerona
black sQuare-were valid, and must be counted
both for Mr. Jerome and for every name on tho
Hearst ticket except that OF Mr.. Shearn.
The mathematical experts c. the league declare
that more than 5000 Hearst ballots We're thrown
out on this account, and that IN the canvass
or the subsequent recount, they must be added
to Hearst's total. They declare that Tamnany
voters were carefully instructed and that Nc
Clelan will gain few votes if the Attorney Gen.
erals opinion is sustained by the courts. Mr..
1 said before election, and I OF the same
opinion still, that a ballot marked with two
crosses one under party emblem and the
other under Jerome's emblem, is a valid ballot,
Before election l said that such ballots should
at least be held protested ballots. did not
say then that they should be counted for Je-
rome, as that might have been construed by
some persons as an argument in that candi-
dates favor.
But now that Jerome has been elected by
safe plurality, and is no longer issue, and
in &c hatxx
Clellan, have no hesitancy in saying that these
votes should be counted.
AS TO what portion of the douby marked bal
lots have already been counted right thrown
out, or are held under protest awaiting the de-
clsion Of the courts. do not know. This can
be determined when the votes canvassed.
Ihe mistakes on side may offset those of
The other. If there enough of such doubt
ful votes TO effect the result, the point will be
taken up, first by the Supreme Court, and then
by the Appellate Division 1t may even go TO
the Court Of Appeals.
1t seems plain enough to me that when there is
makes difference whether the voter Of a
regular ticket puts his cross opposite the inde-
pendent name or in the circle above it. The
mere fact that a circle printed over the
single independent name was standing invita-
ton for the voter to put a cross in it. Had
there been two names on the independent ticket
the case would have been different, but with one
name the intention Of the voter is obvious and
the courts have always held that when in doubt
the obvious way is the way intended.
The headquarters which the Municipal Owner
ship League has established for the reception Of
evidence regarding inaccuracies Of the court, ir-
regular or improper practices the part of cleo
ton officers. Illegal voting and like Election Day
offences are follows: Lord, Day G. Lord No.
4S Wall-st.; Clarence ]. Shearn, No. 14O Nassau
St; William Randolph Hearst. Room No. II,
Hoffman House, and Charles H. Hyde No a
stream of visitors ready to make afidavits at all
Of these headquarters yesterday, and mass Of
evidence was accumulated.
FIFTY VIOLATIONS REPORTED
At the Nassau-st headquarters more than
fifty cases were reported. Among the reports
was that of William Goldstein, Of No. 81
Chrystie-st., who went to the polls to vote only
TO find that some had already voted In his
name. He was taken in charge by Tammany
heelers who promised to remedy the fault They
got him in carriage and drove about the cIty
several hours. They finally took him to the
Supreme Court Building. He waited there until
4oo, when one Of his sef-appointed guardians
came to him and said:
We'll we've tried best and we can't do
anything for you. It's too late to vote now
You'd better go home and say nothing about It,"
Bowery merchant gave an account of a
band of thugs. led by plain clothes detective
from the staff OF Inspector Flood of the Police
Department, and one of the Tammany leaders,
whose duty 1t was to keep Hearst voters away
from the voting place at No. 81 Bowery The
name of a Bowery saloonkeeper, who has a
place near Canal-st, is also brought into the
merchants statement.
s. Crino Municipal Ownership League cap
tain and watcher in the 18th Election District
OF the I'd Assembly District reported he pro-
tested four ballots which he declares obvi-
ously marked for Identification. Ths TaInmany
election board put them through. Then they
decided that he making too much fuss and
refused to let him see any more of the ballots
From East Broadway and Pike-st. comes a
sworn affidavit of g. Tammany watcher giving
voter 81 bill and making him promise to go
Ill and vote under the star.
A watcher in the 9TH Assembly District In
Brooklyn testifies that twenty Hearst ballots
were thrown out for reason at ALL except
that he would not withdraw his protest against
some improperly marked Tammany ballots. The
election board offered to compromise with this
watcher. but he refused to withdraw his protest
In the 9Th Assembly District a Jerome watcher
mas made aff1daV1t that from sixty to sixty-fiye
ballots marked outside the circle evidently for
Identification counted his protest
One of the most complete affidavits which has
yet come to the Hearst forces forwarded by
the Jerome NomfnatorS. 1t is made by Walter
Alexander, member of the law firm OF Alex
ander, Watriss & Polk OF No. 32 Nassau St
who was a watcher at the polling place No 81
BoWery. He declares that # his experience was
a fair example of the way the election was car
rled on Mr.. Hearst was elected beyond doubt
He tells of one balloting incident On the |
registry books was the name James Horne |
hfty-nine years Of age. born in Scotland" The |
man who came to vote on that name swore that
he was James Horne, fifty years of age born |
In Scotland" Although there was an emphatic |
protest the man voted.
DEFECTIVE VOTES COUNTED.
THE second incident occurred during the
count" continues Mr. A3exander's affidavit, "The |
ballots were opened and sorted into piles as
straight ballots and split. The chairman pro-
ceeded to count the straight ballots Certain of
these were clearly defective and void under