The sun., 1908-05-27
re 0NPEEENE OF ENIE BALLOTpOyES TO-DAY
JUSTICE LAMBERT OVERRULES
THE MCCLELLAN PROTEST.

President Do0llng Of the Heard Of Elections
Tried to Get Relief From Justice
Greenbaum. but Was Told TO Obey the
Orders Of Trial Judge--subptsna Goes.
Justice Lambert decided yesterday that
the ballot boxes may be opened in the
Hearst proceedings to oust =. Mcclellan.
Four boxes will be inspected and their
contents recounted and recanvassed in
Part XVIII. Of the Supreme Court this
morning.
The boxes will be from the Second Elec-
tion district OF the Sixth Assembly district
and the Seventh. Eighth and Tenth Election
districts OF the Eighth. II may be that the
ballot box from the Seventeenth Election
district Of the Second will also be inspected
to-day.
Justice Lambert decided at the opening
OF court that all the objections interposed
by counsel for Mayor Mcclellan against
the opening Of any ballot box were unten-
able and that the objections raised by the
Corporation Counsel against the subpoena
duces teoum directing John T. Dooling.
president OF the Board Of Elections. to
produce the ballot boxes in court were
not worthy OF consideration. Mr.. Dooling.
through the Corporation Counsel. tried to
obtain stay but failed. .
In the morning Mr.. Richards. OF counsel
for Mayor Mcclellan. remarked to Justice
Lambert that he had been informed that
Mr.. Hearst was to sail for Europe to-day
and that he would like to have Mr.. Hearst
examined as q witness on certain points
Justice Lambert replied that II he desired
to examine Mr.. Hearst he might take the
trouble to subpoena him. Mr.. Richards
Immediately sent out subpoena servers.
However. on being informed that Hearst
would be back In this country by July IS
he called in the subpoena.
Attorney General Jackson has been COR
ducting the trial Of the recount suit. informed
Justice Lambert that the subpoena servers
had been unable to find Mr.. Dooling and
that the order directing Mr.. Dooing to
produce the ballot boxes in court had not 4
been obeyed. He asked for body attach
ment against Mr.. Dooling, but didn't get II.
Mr.. Richards suggested that the failure to
produce the ballot boxes was not due to
any unwiilingness on the part of Mr.. Dool-
ing. but to the inherent difficulties of ex-
Treating from the enormous mass Of ballot
boxes the particular boxes now required.
On the consent Of Deputy Attorney General
Dolson Justice Lambert excused the jury
until 2 o'clock. 1t came out in the after
noon that the CORPORATION Counsel had
gone to Justice Greenbaum with conten-
ton that Dooling was not obliged to obey
Justice Lamberts order. except under
direction Of the Supreme Court under court
order making a distinction between the
order Of Justice and that of the court,
and that he had been overruled by Justice
Greenbaum. who had referred him to jus
tice Lambert with instructions to abide by
the directions and orders Of the trial Judge.
Late in tho afternoon Dooling appeared
in person before Justice Lambert and said
that he had sent dray to the Manhattan
Storage Warehouse to get the ballot boxes
to court Two of his clerks had been de-
tailed to watch the removal.
we don't have such spectacular things
- public officers riding on trucks down
here said Mr. Dooling In reply to ques-
ton from the Court as to why he had not
taken the trouble to watch personally the
removal Of the ballot boxes.
Il am not familiar with all the ways Of
public officers IN this city!" said Justice
Lambert. He told Dooling that he would
bs expected to produce on forty-eight hours
notice any other boxes called for