New-York tribune., 1907-12-27
NEW RECOUNT MOVE.
COMPLETE BILL SOUGHT.
Manor Would Compel Jackson to
Furnish MOre Particulars.

Mayor Mcclellan applied to Justice DAVIS III '"e
Supreme Court. yesterday to have AltoiHe3 ~
eral jackson give more complete plll Vi p"' p
lars than that furnished by the states a''oIiieS "
compliance with order given by Justce vi -
baum last October in the suit by MI 'aehs"h ~
oust the Mayor from office The Mayor, through
his counsel Eugene Lamb Richards, held that 'he
former bill insufficient, inasInuch as ou' "
ss4 districts the city only 600 were dea' win
while no evidence whatever was oHereo aooo ~
boroughs OF Richmond and Queens Clarence -
Shearn w r. Hearst's counsel. who opposed tne
application, said that if the motion was granted II
would end the Attorney Generals suit as II "ouio
be impossible 10 furnish more colhpiete oiii VI
particulars. Justice Davis reserved decisioh'
MIR. Richards maintained that the bill of particu-
lars that had been furnished did not comply wan
Justice Greenbaum's order He SAID
The Attorney General made general aiiesaSon. ION.
based on Information and belief. that mlsconuuce =
had existed in every election district in the county
stances in about eight hundred districts IN rne
county of New York, while no eyidence w9ancst pte
was offered with regard to the Borough OF I IT'LL
mond or that of Queens and the bin OF particulars
referred to about one-quarter OF the ds'ric'S III
It was admitted in the Attorney Generals com ON
SIelIan had been elected bv a plurality of 3 4t
The number Of miscounts. according 10 Tue , pin o
on the b AfforRs @ Which Woud not be SUN
Gent 10 change the result of the election
Mr.. sbearn remarked when i,e heard this that
the ST. would be true II the DalOts couh'eu
for Mcclellan should not be counted for Hearst
He said that if there found to be such bailots
which should have been counted for his client. Mr.
Hearst would be elected by almost twice 32s2
Mr.. Richards said that the Attorneys Generai
affidavit was based the reports Of the election
watchers and careful analysis of the ballots cast
Continuing his argument he said:
Unless the Attorney General complies with JUS
tce Greenbaum's order and furnishes bill of par
tculars every election district, setting forth
the number of ballots alleged to have been wrongly
counted and specifying the number of ballots and
give order precluding him from giving evidence
to these districts In the trial of the action.
inspection Of the ballot boxes. all OF which he
says he has been kept from inspecting with the
exception of three. The sum and substance of this
is that they have not got the information they were
directed to give us. and they want TO come out in
the trial and fish in the ballot boxes to gain evil
dence to support their allegations.
In his argument, Mr.. Shearn said that the At
torney General had supplied all the facts within
his actual knowledge and that IL was actually I'm
possible TO discover what had happened at the
election unless the ballot boxes were opened He
contended that IT the action of Mayor Nc
Clellan which had prevented the information now
asked for from being supplied. and said that the
Justices order did preclude the inspection OF
the ballot boxes at the suit
IF this defendant CMcClellan) had shown any
consciousness or of honor said Mr.. Shearn.
"or any appreciation recognition OF public sem
tment public policy during the two years of
this controversy. should be shocked at the max
ing of such motion this in this contest. but in
view of all the motions made by him, we must
take this matter of course