New-York tribune., 1908-05-27
TO OPEN BALLOT BOXES
HEARST WINS ONE POINT.
MAJOR McClellap's Right TO Office
May Soon BE Decided.

Five Of the boxes containing the ballots cast IN
The -nayorslty election Of 1875 will, by order o.
Justice Lambert. OF the Supreme Court he pro-
duced before him by John 7. Deolins president %
the Board of Elections. in the County Court House
nj 10 o'clock this morning. where they wili be
opened and Their counted IL the jury SO decides
This marks a victory for William Randolph Hearst
in his demand for a recount of the ballots on the
allegation that he and not Mayor Mcclellan was
elected chief executive OF the city in 1895 After
I've weeks Of preliminary testimony the quo
warranto proceedings. the boxes are now TO be
produced
Eugene L, Richards. jr., counsel for Mayor Nc
Clellan. sent out two process servers with sub
poenas for Mr. Hearst late in the afternoon. He
told the court that he understood that Mr.. Hearst
whom he wished put the witness stand. was
going Europe. Unless he could GET some as
sursnce that Mr.. Hearst would he present when
wanted. he purposed 10 put the contestant under
subpoena Mr.. shearn made no reply to this sug-
gestion.
i de not want 10 any chances" said Mr..
Richards last night. and have instructed my
subpoena servers get Mr. Hearst l would have
to have pretty strong assurances that he would be
present, and il he Is served il will be question of
dealing with the court
II was supposed that possibly Mr.. Richards
wight have another card 70 play by way of get
ting some order 70 block the opening Of the boxes
:his morning. but he said night he did not
cont template any such action.
The boxes viii he brought in he said "and It
Will be for the jury decide whether they think
they have been tampered with and whether not
they should count the ballots in them
Things moved rapdly in the recount case vester-
oay. Justice Lambert denied the motion 70 vaeate
subpoena duces tecum which on May .. was
served President Dooling Of the Board Of E;ec-
tions ordering him 10 produce certain ballot boxes.
He also oVerruled objections urged by Mr.. Rich
ards 10 the opening of these boxes If produced.
Clarence J. Shearn az once SET about 10 inform
President Deoling that the motion had been
ruled and the Subpoena must he oheyed. Word
came back that the president of the Board Of
Elections could not he found and that none of the
members Of the board was the Office. in S1st
street Meanwhile. Justice Lambert adjourned
court until o'clock in the afternoon. Soon after
ware Mr.. Shearn came back with an order pre-
pared compelling Mr.. Doong show cause why
attachment should not be issued for his person
and why he and the Board Of Elections should not
be, punished for contempt Of court Finding Jus
tice Ism bert gone, he rushed Justice Green
haum and tried get him sign the order, eN-
planning that Justice Lambert had gone away and
it was imperative that the order should issue at
once. Justice Greenbaum refused 70 sign the order,
and Mr.. shearn tried until o'clock II find Jus
LOe Lambert, without success
When the court reconvened Mr.. Shearn asked
that his order he signed Assistant Corporation
Counsel Farley representing the Board OF Elec-
tions announced that he had fled notice Of appeal
to the Appellate Division from the decision ef
Justice Lambert denying the order for a vacation
OF the subpoena. He intimated that this would act
as stay To further proceedings and would pre-
vent the production of the boxes under the sub
peena- After some discussion Justice Lambert de-
cided that there was no stay, and he thereupon
signed and entered the order compelling Presi-
Gent Dooiing show why an attachment
should be issued against him and other mem
bers of the Board Of Elections
But / do not know how shall be able 10
serve this ORDER observed Ar- Shearn, 'as am
informed that members Of the board have kept
away from their Office and that Mr.. Dooling was
not at his house last night"
Just at that moment President Doong. accom-
panied by the chief clerk Of the board. walked into
the room with a smile. There he is nowt" gasped
Mr. Shearn in establishment he walked over and
served the paper
We have a van ia front of the Manhattan Stor-
age and Warehouse Company vaults, at Seventh
avenue and 54th street. and can produce the ballot
boxes in in half hour, if the Court so oil
rects" said Mr.. Dooling
Mr Shearn asked the Court To direct that rep !
resentstive Of the Attorney General be allowed 10
accompany the see that the boxes were
preserved invielate in transit.
But President Dooling viii viii he not that
the boxes are not tampered WITH" asked the Court
City officials are not accustomed 10 ride vans
IN This city said President Dooling.
"oh. is that so?" replied the Court with some
sarcasm I was not familiar with the customs
Of city officials"
II was decided that the Attorney General could
have a representative with the van. and Lieuten-
ant W. Il. Ward. Of the Police Department. was
named.
The boxes 10 be produced this morning from
the "a Election District Of the 6th Assembly Dis
trict the 7th and 10th Election districts Of the
sth Assembly District. and the 18th Election Dis
1rict Of the ID Assembly District.