The sun. [volume] (New York [N.Y.]) 1833-1916, 1908-04-22
BOXES WERE INTACT
JOHN n. TOORHIS so TESTIFIES
IN MCCLELLAN CASE.

EX.PresIdent Of the board Of Elections
chief witness al Yesterdays session
deputy clerk and Policeman AEree
Win Hlm-A statement for the Mayor.
The trial Of Attorney General Jackson's
suit to Dust Mayor Mcclellan continued
yesterday amid the yawns Of jurors, wit
nesses, lawyers and spectators. The evil
dsnce to be taken before the actual count
ing Of the ballots can be begun Is u%ninter-
esting and seemingly interminable.
John X Voorhis, who was president OF
the Board Of Elections when the MayOralty
election occurred on November 7, 1905,
and continued as such until January 1 1907,
was again on the stand and was examined
and cross-eXamlned by the Hearst, Jackson
and Mcclellan lawyers. He told Of the
conditions under which the ballot boxes
were preserved after the election and Of the
condition Of the boxes in each borough a.
he observed them.
In all cases that he had observed, Mr..
Noorhis said, the boxes were intact or in
good condition when in storage, Eugene
Lamb Richards, counsel for Mayor McClel-
Ian, tried TO get him to admit that some on
the boxes in Richmond we're not intact.
that the labels had been broken, but Mr..
Voorhis stood his ground.
Mr.. Richards also questioned Mr.. Noor-
his closely concerning the construction Of
the ballot boxes and the possibility Of put
ting ballots in them that should not be there.
Mr.. Voorhis maintained that such q thing
was impossible unless the labels across the
lids OF the boxes we're broken, and he had
failed to see any such broken labels.
William Flanagan, deputy clerk Of the
Board Of Elections ia the Bronx, testified
that he had taken charge Of the ballot boxes
and had found all but one in good shape
after election day. The label Of that one
was loose and by Flannagan's directions
it was gummed down.
Patrick Reid. a policeman who was at
tached to the election bureau headquarters
in Manhattan, testified that he had per-
sonally inspected and tested the lock on
every ballot box OF the borough and had
than locked the doors Of the warehouse
rooms in which the boxes we're stored
after the Supreme Court had directed that
the ballot boxes be preserved indefinitely.
He found nothing wrong with the boxes
except in one or two minor instances.
Police Inspector Schmittberger was also
examined, and testified that he had been
detailed 10 the Board Of Elections head
quarters on November Q, when the Supreme
Court directed that the board take personal
charge OF the ballot boxes. One OF the
boxes, he said, was broken in a runaway
accident, but under his direction the police
men gathered up the ballots and placed
the m in a new bot.
George Sandhausen. clerk Of the Board
Of Elections in Brooklyn, testified that
almost all the ballot boxes in that borough
- alz.- -. sAN.zN .-IAA $780, Ayy.R
10 the hoard for safekeeping. Several boxes
Of stubs were missing. he said. but only a
couple Of the ballot boxes were without
proper seals.
II came out that ~Sandhausen and Lawyer
Richards had one over the department
records together three weeks ago, and
that in this way Sandhausen's memory
had been refreshed as TO the incidents
surrounding the storing away Of the ballots.
Mr.. Dolson, for the Acknowledgement, in
cross-examining Sandhausen, got him con-
siderably confused over the question OF
the missing ballot stubs, and finally Sand
hansen admitted that he didn't have a
very clear memory concerning the oc-
currences OF that November day in 1905.
Lawyer .Shearn, appearing for Attorney
General jackson, reported to Justice Lam
bert early in the day that six witnesses
had failed to appear in nsw 10 %subpPnas.
He asked for attachments against the six,
who are John V. Haley, Rudolph Kann-
haus, Wallace +. Van Brunt, John Lynch,
j. II. Hallinger and Charles Easton. Justice
Lambert said that he would grant the
attachments il the witnesses did not APP
pear to-day.
One OF the counsel for Mayor Mcclellan
said yesterday that the Mayor felt very
keenly about the apparent public belief
that he was opposed to a recount As a
matter Of fact, this representative Of the
Mayor said, Mr.. Mcclellan IL anxious to
have a recount and to get il over speedily,
but he wants one that will be thoroughly
in accordance with the terms and spirit
of the law and not one which might put
him to disadvantage. Therefore his ooun-
sci will fight for every technical point,
lest the Hearst and jackson combination
spring something on the Mayors counsel
that he could not combat and which would
give the other side an unfair advantage
The trial COntinuaa TODAY