New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1910-05-21

scanned them anxiously. The nine days
trial had been less of a strain on the de-
PENDANTS than those last few minutes before
the verdict was pronounced
Michael J. Sherry, foreman of the jury,
had hardly finished the second Of the two
words Not guilty when there was emit
ted piercing cheer by the assembled Tam
manyites that penetrated into every court
room in the building and brought a still
greater crowd. Justice Wheeler quickly
checked the demonstration. Several deputy
sheriffs and the court attendants restored
order. Captain Lynch, Of the court attend
ants, laid his hands in a not gentle manner
on one of the offenders, who sat just be
hind Williams.
Bring that man before me- said Justice
Wheeler angrily, land I will punish him
at once for contempt"
Captain Lynch brought the man. who
proved to be Henry F. Pagan, to the bench.
He swayed unsteadily as the justice said
81 fine you $40. What is your name?"
81 haven't got the money, judge" whis-
pered Pagan.
What is your name?" repeated Justice
Wheeler
Again Pagan answered "I haven't got
the money"
Justice Wheeler placed Pagan in the Gus
tody Of a deputy sheriff, with instructions
that he be sent to jail unless he paid the
fine. One of his friends later paid the $40
The defendants-Roswen D. Williams.
Thomas J. O'Rourke, Robert Quinn, John
Dunn, Philip Donohue, Peter J. Galligau
and John Binghan-were indicted for an
alleged conspiracy TO violate the election
laws for the purpose of defeating Daniel
when he ran against Williams for the lead
ership of the 18th Assembly District. Tes
timony was produced on the trial tending
to show that some of the defendants rode
about the district on the day of the primary
election, stole the Golden ballots and stuffed
Williams ballots into the boxes.
Justice Wheeler said in his charge that
he believed perjury had been committed
He said:
Five hundred ballots were canvassed
and returned as having been voted when
in fact they were not voted at. all; and
more than five hundred voters were record
ed as having voted when it appears from
the evidence that they never appeared at
the polling places at which they were en-
titled to vote
The court said this showed that Ger
frauds not only in one election district. but
in a series of such districts. These inspect
ors, ii was pointed out, were appointed on
certificates granted by Williams one of the
defendants.
''The prosecution claims that these facts
alone show a concerted action on the part
OF the inspectors TO defeat the purpose of
the primary" continued Justice Wheeler
and that ii extended to the. defendants,
who by doing other things aided and abet-
ted the inspectors in causing a fraudulent
return of the primary election to be made
After the discharge OF the defendants
Clark L. Jordan, their counsel. asked
Justice Wheeler to dismiss the indictments
still pending against them individually for
the acts alleged against them in the con-
| spiracy charge. Justice Wheeler said he
had no knowledge of these indictments and
declined to act on them.
The jury was then discharged and as
they left the box the seven defendants
lined up and shook each juryman by the
hand and thanked him Then the crowd in
the courtroom crowded about Williams and
the six other defendants and congratulated
them, following them into the street
Ezra Prentice, Deputy Attorney General,
who prosecuted the case, said that he would
against the election inspectors upon whom
the defendants placed the responsibility.
They are under indictment and in his
charge Justice Wheeler remarked that they
should be punished" Mr.. Prentice said.