The sun., 1908-06-03
HEARST GAINS FALL FURTHER
ONE TOM FOLEY BOx GIVES
M'CEELLAN A GAIN OF 10

which she Foley Men Forgot 70 Count
--McCleilan's Lawyers Predict That
p, Gaze WIN he Abandoned Judge Asks
GSyornor for Extra Pay for Jurors.
With Justice Lambert acting as court
stenoGrapher the recount suit dragged
along yesterday. and at tho close Of tha
session twenty-five moro boxes had been
opened and recounted, with q not further
gain Of twenty votes for Hearst, making his
total gain on forty-eight boxes 10e His
average gain has thus dwindled to AZ votes
a box. ~
Justice LAmbsrs's object in acting az the
stenographer Of his court was to relieve
the official stenographers, who are hard
pressed to keep tabs on the whole pro-
ccodings and at the same time to
satisfy himsSR Of the orderly char
sotsr d the recount. Justice Lambert also
10 an active man who likes to be doing
things. He tried citing on the bench and
waiting until the lawyers were ready to
announce the result OF recount. but found
II dull. and being stenographer himself
decided to leave the bench and get down
to work. So tho lawyers yesterday were
coming up to him at the stenographer's
table to ask for decisions on disputed bal
lots and at tho Same time had the pleasure
Of seeing him keep The record.
The jury drew some attention too. On
Monday No. announced ~ an excuse for
coming to court late that he had just be-
como father. Yesterday Il developed that
one Of the remaining twelve had lost his
Job while working for his county a. ajuror
during tho last nine weeks. and that the
business Of another had suffered 80 severely
that it was doubtful II IL would ever recover.
Justice Lambert heard these facts with
considerable sympathy and drafted q lot
ter to Gov. Hughes in which he sets forth
the faots that these twelve special jurypen.
all busy men, had been taken away from
their occupations for more than two months
and had given faithful and uncomplaining
service. The county will pay these mon.
for every day served at the end Of ths trial.
which may be weeks or months hencs. He
suggests In his letter TO the Governor that
this being q special proceeding. which has
occupied the attention Of the courts and
the occasion 10 presented for q special al
lowance from the State Treasury to the
Jurors sufficient TO recompense them al
fully al may be for their services to the
State and county Such allowances in long
drawn out trials have been made before,
allowance at tho rate Of $40 day wore to
be made
The twelve men have nothing TO do, not
even to listen. now that the actual recount
is on. and they are simply wearing out
their clothes in the jury box week after
week.
The morning session went along beauti-
fully yesterday for the Hearst rooters until
the eleventh box Of the day was opened
On the ten boxes examined up to that
a L..
had lost 4 In two boxes. one Of which gave
Mcclellan gain Of and another a gain
Of l. That left Hearst's net gain at 10.
Then the blow for which all the MoClel-
Ian mon have been praying fell on the Hearst
Firs. Assembly district gave Mcclellan net
gain of Is. As a matter Of fact Mcclellan
gained 10, but Hearst also gained
Startled is no adjective to apply to the
Hearst contingent They were almost
enough to insist that the votes be gone
over again. They were. and again. but
without making any difference. SO
Hearst's net gain for the eleven boxes was
set back to one. As one OF the Hearst
men ssid afterward:
Doesn't that beat alp And that box
from Tom Foloy's district too
Another development OF the day was that
as the recount In now taking In all the votes
including the void and protested ballots
wnlcn W0r0 gone over Dy JUSTICE Gleger1ch
at great length In December. 1906, the
Mcclellan plurality goes back to the original
8, ,8s4 instead Of 8.A74. as was officially an
nounoed after the void and protested ballots
had been gone over There being l,9<s
boxes. IL win take just about two per box
to Offset the Mcclellan plurality.
McClellan's lawyers are immensely
tickled over the outcome OF the past two
days and predicted yesterday that the re-
count suit would be abandoned In few
days moro whom the Hearst lawyers saw the
futility Of trying to upset tho count. But
the Hearst men are still as confident at ever
and say:
sWaft till we've got into the rest Of the
boxes. particularly the Brooklyn collection"
The tabulation Of yesterdays count
follows:
MeCItudn. Hearst