Newark evening star and Newark advertiser. [volume] (Newark, N.J.) 1909-1916, 1910-12-17
JUSTICES QUERRf !
FLUSTERS MATHIS
ATTORNEY BADLY
Hearing on Ocean County Ballot-
box Stuffing Charges
Is Begun.
HYPOTHETICAL QUESTION
OF JURIST is POSER
Certificate OF SenatOr-elect
Lows Election Is Not
Revoked
fFrom a staff corrsspondent. ]

NEW BRIJNsWICKS Dec. 17.-'.Sup-
pose 1t was generally acknowledged
and admitted that the votes IN the
ballot-box when recounted had been
substituted for the original votes of
election day, would il be the duty OF
the Supreme Court Justice to perpet-
uate such a deplorable state Of affairef'
was the question OF Justice Willard P.
voorhees, that staggered the counsel
for Thomas A. Mathis when argument
was made this morning in hts chambers
in this city
Your honor is not asked to deal
with improbable infefrences concern
ing the conditions found In that box,
but with what amounts to practical
and incontrovertible proof, was, the
argument OF ex-senator Edwards in
defending the certificate of election
which Senator-elect George G. Low
now holds from the county board OF
election. Quickly Justice Voorhees, re-
piled:
Il consider that the crux of the en-
tire matter.
BIakcsIee substituted Tor Merry.
E.. q. BlakeSlec, VI Sciiiuon, I" iAS AN.~
been hastily substituted for Judge
Maja Leon Berry as the counsel Tor
Mathis made his argument EndeaN-
oring to show that Justice Voorhees
was forced by the law to issue Ger
tificate of election to Mathis on tue
fact that the votes on the recount IN
inc second district OF Lakewood showed
a majority for Mathis of forty-one IN
the county. The election day count
gave Low a plurality of eighty-one.
Before the formal argument began
ex-senator Edwards, of Jersey CITY,
and T. w Carmichael, of Toms River.
withdrew Lows application for q re-
count OF the. entire county. stating that
The votes of the two boxes in Dover
and the first Lakewood district, num-
herring J,100, showed loss of but one
vote for Low
board Is NOT Questioned.
His counsel stated that Mr.. Low mas
confidence i'll the honesty and integrity
of the election officers and holds the
opinion that all the irregularity was
confined to the box in the Second Lake.
wood district, which in the original
count gave Low 260 votes, while Mathis
got 2t4. The recount gave 254 to Mathis
and 179 to Low. Two hundred ana
forty-seyen men of the original 26o
|, Low voters have signed affidavits TO
lths effect that they had voted for
Low and these were offered in evidence
to the justice.
= Mathiss counsel strenuously upheio
the contention that any Supreme Court
Justice has only judicial supervision OF
~I fl1of lo mil
certificate to- the candidate who is
found TO have q majority of the ballots
found in the recount. His closing argu-
ment was upon the fact that Low co'liu
contest the case before the SENATE
where both parties would have every
chance to present every phase OF tho
case and Mathis could defend the re-
count If he so wishes.
Justice voorhees,, at the conciusiol.
of the three-hour arguments, stateu
that he would not today revoke the
certificate now held by Mr.. Low wnich
entities him to the Ocean county sena-
torship by issuing one to Mr.. MAINS.
The inquiry made by the justice
whether a writ of mandamus from the
Supreme Court could not be served on
him In case he refused Mathis GER
tificate was thought to indicate tnat
his decision In the contest will be un-
favorable to Mathis
The jurist is acting as an individual
Justice In this case.
Decision Tuesday or wednesday.
Decision will be given by the court
eitber next Tuesday OF Wednesday.
That the contestants DIRE likely to carry
tha ,,uae tn a higher court was more
clearly shown in the argument today
than at any time since the steal was
exposed ten days ago in Ocean county.
Whatever Justice Voorheess decision
may be or the arguments heard today,
the next chapter of the case VIII begin
at Toms River, on Tuesday, December
q. where the grand jury will begin its
probe.