New-York tribune., 1908-04-21
, BALLOTS INTACT?
RE,
fr Hearst Must Prore They Haze
Original Bores.

II became evident yesterday that William Ran
dolnh Hearst and the Attorney General must prove
that the contested ballots which they wish recount
ed are still intact This was the trend of the pol
irv adouted l,v the defence when the trial OF the
quo uarranto proceedings to oUst Mayor McCie-
ian in favor of M. Hearst got under way peio'e
Justice Lambert ,
Fx-fJection Commissioner Noorhis when asReu
- no could swear that the boxes delivered TO the
commissioners of elections after Justice SaEnoI
ordered them taken from the police were 'he "i'e
inal election boxes said he believed they WERE d.
they looked like them.
Al ,bA resuest of Mr. Richards. OF the Mayor 5
counsel the court struck out this evidence mus nus
having fhe way question the authentcity ol 'ie
ballots Tecounted- -,
Asked about one box that was broken oy q l"'
tho witness said ne ordered that another box ne
taken TO the spot. the ballots gathered ana 'i'e
names OF witnesses taken. He said his orders were
complied with lie was then eNaii'Iieu @ -
detail as TO the care OF the boxes lie auiliiS'e"
having received complaint by telephone resaTo'iis
The handling of boxes in The Bronx lie oeciaieu
that the doors on all warehouses where boxes were
stored were nroperly locked and sealed. ana 1h''t
these locks and seals had not been tampered Win
DENNY Attorney General Dolson presented the ap-
plication from Mr.. Hearst for writ OF hailoailIuS
IN December Isa5, by which five ballot boxes WeIe
brought before the Supreme Court to be opened
order was placed in evidence despite Mr- Rlcharos
objection The same was attempted with the court
ordor for the preservation OF the ballots ON April
50 1876
4 ohtoct~ agar. cried Mr. Richards
--Sl!s-aired'' answered the Justice
II the court rules ! think II ought mat ule
hauots might legally be preserved without an "'uer
after the sixth month. I'll withdraw the o'der'
said Mr. Dolson.
oh this aIludes, then. 10 the keeping OF oallols
after the time for their preservation had eApiei,
I am not ready 10 rule that question yet L
will a;-i;t the order in evidence, said the justice.
NJ Richards by his objection indicated as
,,,ssjfl. line fo- future action appeal from an
.7xar.- decision on the ground that the ballots
b,,,la ,.,xe been destroyed after the six months
;r,,r,odfstel, following election had elapsed.
Tn. irrors excused We're Mr.. Masteh Inc lore-
man and Mr. Yaendie. who was No, y IN the
- THIS v-ss duo 70 each side oh5ecting 10 one
- ,he mon on account Of their and health, II
said
The rlew foreman chosen was James y. Naaer'
,o,ircd manufacturer Of firearms. Of No ''5 west
rsss street Z I.e Roy Cleveland. real estate
agent IF No $40 West 144th street, was aceePted
rs rla twelfth juror.
Justice Lambert showed how carefully nc lau
looked m, the records Of the jurymen by ashlhs
Ayeser1 Ni-Kenna and pevoe. jurors Nos ana ;
res,s-r+,.l some startling questions aS TO 1"fliel
-,-7,,a-:ons with the rapid transit companies "h'ch
had not come ont in their original examination
r-7 20 o. estons we're answered satisfactorily now
eTc~. -.
A. Richards after adjournment. sa'd ne ''ie,'
7,av oa-,si5era bic testimony Tehuttal siler 'h
.,r,,s-= case vas IN. Mr.. Sear7 declared lt "oI'h
be another week before any ballot boxes "outd C
opened