New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1911-10-24
NO WARRANT FOR BRITT.
Charge Of Withholding Tammany
Certificates Dismissed.
HEARING BEFORE APPLETON
Magistrate Rules President of
Election Board Had No
Wrong Intention.

The charges made by Abraham s Gilbert,
OF the law committee Of tho Republican
County Committee. against J. Gabriel
Britt president OF the Board Of Elections.
( that the certificates Of the candidates
named by the Democratic party were with
held from public inspection during tho
last hours allowed for filing was thrashed
out before Magistrate Appleton yesterday
afternoon. and after 4 i've hours hearing
were dismissed.
About dozen witnesses testified At tho
hearing. held IN the library of the District
Attorneys Office. BESIDES Mr.. Gilbert.
Thomas +. Smith. secretary Of Tammany
Hall. representa- % tho Independence
League and several clerks and assistants
from the Office of the Board OF Elections
were examined by William 4. De Ford.
Assistant District Attorney. who has
charge Of the. election fraud bureau I'm the
District Attorneys Office. John J. Mcln-
tyre appeared as counsel for Mr. Britt and
cross-eXamlncd the witnesses
Tho witnesses on whose afidayits tho I'm
formation was drawn against Britt testified
that they made repeated demands on vari
Gus clerks and attendants IN the Office or
the Board Of Elections on the night or Oc-
tohor r., between 1880 and 70 O'Clock. tho
time limit when the certificates had IN he
filed, rs inspect the certificates Of nomina-
tons Of the Democratic party without sue
cess
The certificates which were offered I'm
evidence, showed that the official stamp
mad been placed upon them as filed al 1l3o
p. m. Mr.. Smith testified that he had
brought tho certificates down from Tam
many Hall and given them to Mr. Britt
about that time II had been his custom
TO file them with TIE president OF the board,
he said clerk in the Office of the board
named MCGOWAN testified that Britt sent
for him about 11:io o'clock and told him
10 stamp the certificates and bring them
back TO him. which he did.
M Gilbert and other witnesses said that
the first they knew that the certificates had
been fled was about FPS o'clock. when
MCGOWAN came out Of Rritt's office with
them I'm his hand. Then they were permit
ted 10 look At them. they said II appeared
that the Republican and independence
League certificates were filed within two
or three minutes after the Democratic Ger
tifcates were fled
In summing up Mr. De Ford said that
while he did not believe Mr.. Britt had
withheld tho certificates Tor any criminal
purpose, he thought the evidence clearly
showed that they had been deliberately
withheld for some farcicd s,ratcgcal gain
30 the Democratic party. lie said that this
did constitute an irregularity, and as II
was essential 10 keep tho Board Of Elec-
tions entirely above suspicion, he asked
the court to make It clear TO the board
that prosecutions would speedily follow II
the spirit and letter Of the law were not
lived up to.
Mr.. Mcintyre pointed out that no evi-
dence was presented 10 show that any per
sonal request to see the certificate had
been made on Mr.. Britt that night. AS the
letter Of the law required in such case
lie contended that no case mad been made
out against his client.
Il don't think the evidence here sho"
that Mr.. Britt had any wrong intention IN
retaining the certificates in question ana
no warrant will 10 entertained, sald inc
magistrate in dismissing the case.