New-York tribune., 1909-03-20
FIXING THE BALLOTS
IN INSURANCE ELECTION.
States WitneSs in Ne5C York Life
Case Under Cross Examination.

In the trial of George R Scrugham and Charles
stirrup for conspiracy the Court Of General ses
sons yesterday the principal witness for the state
Charles F Darlington. admitted thaAhe had pre-
vtousIv made false statements. and by further ad-
missions destroyed the force of most Of his test
mony Darlington was indicted with Scrugham and
stirrlp for the manner in which they conducted the
International Polcyhoiders' campaign in the New
York Life Insurance Company election in 1905.
Before Darlington was put upon the stand Judge
Foster denied the motion dismiss the indict
ments the ground that the words with crmi-
nal intent had not been embodied in the indict-
ments for conspiracy.
When the first batch of ballots vas received
hack from the vaults under the instruction Of Mr..
Scrugham," testified Darlington. The envelopes
inclosing the ballots were opened and the ballots
examined TO find any defects that might be
IN the ballots
The witness described the subsequent process Of
reseang the envelopes and told how the defective
ballots were kept out
MFR. Scrugham when l showed him the ballots.
went the witness, said We must do something
with them We will probably send them up 10 the
election they are with a note 10 the inspectors
I him again few days before the election and
at the time I had four thousand or five thousand
ballots. He with the envelopes and he
wanted 10 copy the names and addresses on
the envelopes copying as carefully as / could the
handwriting on the ballot. I handed these ballots
20 a number Of girls in our office with the same
instructions
ON the Sunday before the election of December
IS I gave other instructions to the girls I told
them not TO be careful in copying exact hahd-
writing, but to rush them through as fast as posi-
BILE I saw Mr.. Scrugham comparing the ballots
and envelopes later He wrote number Of these
envelopes himself
This testimony got in only after many OBJ
sections had been made by the attorneys for the de-
fence practically all Of which were overruled AL
three NJ the men Carrington, Scrugham and Stir
rup the witness testified. helped the girls 10 write
out the necessary forms. This work continued Mon
day night, the Of the election.
While the count Of the ballots was on Caring
ton acted as watcher. He testified 70 conVersa-
1ion with scrusharn in which he instructed TO
challenge on every pretext the ballots Of the ad-
ministratlon ticket and offer protests to the
international ticket
has dabbled in politics knows that is a perfectly
proper proceeding. .
The direct testimony Of Darlington was hnished
a few minutes after court convened at O'CLOCK.
| Mr. Stanchdeld took up the cross s-eXanlnation OF
the witness
When were you arrested?' While the election
was going on" was the answer.
did YOU dictate 20 a stenographer in the office
Of Mt Hyde. a lawyer. a statement OF your con-
nection with the international committee les
the stenographer was a cousin Of mine
You know that the statement you made to your
cousin at that time in Mr.. Bydes office fatty con-
tradicts the testimony given here?' Yes sir
Then you made false statements to your own
flesh and blood?" Il did not tell the truth the
witness replied evasively-
Were you at the District Attorneys Office be
fore vour arrest7" Yes, sir, I was. I Mr..
Su1yth and Mr. Howe, who are here now.
And at that time you made some statements
that were untrue?' Yes, sir; did Darlington
answered with hesitation.
The witness testified that he had also made a
longhand statement which was inaccurate. Then
YOU wrote lie 10 yourself about YOURSELF" The
facts I wrote in the statement were not true"
answered Darlington.
Neither you AIr ScrUgham nor Mr.. Stirrup
ever put the Of poIicyholder to ballot or
/ a proxy? asked the counsel for the defendant. 4
don't remember single instance"
Then all that you did to fix the ballot or
proxy SO IL could be voted7T That's all did"
And on al these ballots and proxies the way
in which the poicyholder wanted to vote wss in
dicated2" Yes sir"
That question ended the cross examination.
Mrs Catherine Conover who before her marriage
was stenographer in the employ Of Scrugham.
testified that she had helped TO sort the ballots
they in the mail. She called scrugham's
tention TO omissions that appeared the ballots
ana said that Scrugham had told her II there
name OF any witnesses left OF, but that
structed do nothing with the signatures Of pol
icyholders She said she had filled in with fictitious
names a dozen more ballots. This witness iden-
| titled q number Of proxies she had signed.