New-York tribune., 1921-09-20
Justice W.asservogel to
Sign Order To-day Inn
pounding Ballot Boxes;
Plan Guard of Troopers
Court Overrules
Murphy's Motions
Shalleck to Press Demand
That Swami Put Com
plaint to Grand jury

James j. Hines scored his first big
victory yesterday in his fight against
Charles F. Murphy when Justice Isidor
Wasservogel, in Part II of the Supreme
Court, granted him an order to re-
count the ballots in the Democratic
primaries.
Hines and his counsel, Vincent S.
Lippe, and Joseph Shalleck, his cam
paign manager, who appeared in court
with his head and face covered with
bandages and his broken right arm in
sling, were jubilant over the victory
and predicted that the recount would
show that Hines defeated Murphy IS
candidate, julius Miller, for the Demo
cratic nomination for Borough Presi-
dent, by several thousand.
The order of Justice Wasservogel
was double victory, as in addition to
granting Illness application for re-
count it also stopped what Hines and
his friends most feared-delay Post
ponement was sought by Tammany
lawyers, one of them appearing as a
representative of Miller and the other
of the Board of Elections, but Justice
Wasservogel denied their motions.
May Ask State Guard
Illness counsel, who said that he had
information that the police, under or
ders from some one higher up in Tam
many Hall, were tampering with the
ballots, asked that all the ballot boxes
be impounded.
Justice Wasservogel said that he
would sign the formal order to-day
after both sides had agreed on its Ian
guage.
Illness counsel said yesterday that
IN all probability he would request
Governor Miller to assign state troop
ers to guard the ballot boxes.
Shalleck, who is still suffering from
the blows of blackjacks and night
sticks welded by those who attacked
him in a polling booth in Murphy's
home district, whore he was in search
Of election frauds, said last night that
he would appear at District Attorney
Swann's office to-day with witnesses
and request that Swami invite him to
press his complaint before grand
jury.
"Let Mr.. Swami ask me to make the
complaint" said Shalleck "That will
Immediately throw the burden on me-
Swami Prejudiced, Charge
Shalleck, as campaign manager, was
in possession of all the oral reports
made ny the Hines watchers of the pri
mary frauds that are alleged to have
been committed all over the city. 1t is
now the belief of those familiar with
the facts that Shalleck's assalants be-
lieved that with Shalleck dead fear of a
like fate would deter Illness watchers
from coming to the front.
Lippe, another of Illness counsel
who made formal complaint by letter on
Saturday to District Attorney Swami of
the felonious assault committed on
Shalleck, said last night that the Dis
trict Attorney had not made q move
that he was aware of to start an in
vestigation of the assault on Shalleck.
"That is true added Shalleck, "and
what is more, Mr.. Swami on the morn
ing of the primary gave interviews to
newspaper men that he had information
that election frauds were about to be
committed by Hines and his friends and
And he said that he would have police
men and Assistant District Attorneys
present in places suspected
"We have evidence of the fact that
he carried out his threats Not only
were Assistant District Attorneys pres
ent in some of the polling places in
Illness home district, but there also
were present Assistant Corporation
Counsels and plain-clothes men sent
from Police Headquarters.
Prosecutors Aids Present
"At the polling booth Of the AID
Election District of Illness district,
in Public School 10, at 117th Street
and st. Nicholas Avenue, there were
two Assistant District Attorneys pres
ont, Messrs Driscoll and Donohue.
There also were six suspicious)o king
persons present who, according to the
uniformed policemen stationed there,
were members of the police loft squad.
But it is significant that there was
not single detective or Assistant
District Attorney in the districts
where the actual election thieving went
on, the 1st. I'd. 4th. 9th, 9Th, 18th and
18th Assembly districts"
1t is believed by Hines that Murphy
will try to deny him seat in the Tam
many Executive Committee when it
meets Thursday night.
"The executive committee of po-
CONTINUED on pass sx)