New-York tribune., 1921-09-16
Elections Board on Mon
day Must Show Miller
Legally Gained Place
as Democratic Nominee
Affidavit Includes
Fraud Particulars
Policeman Denies Attack
ON Shalleck Was Made
Near Home of Murphy

Supreme Court Justice Isidor Wasser-
vogel yesterday issued an order calling
upon the Board of Elections to show
cause why a recount should not be
granted in the Tammany fight for
President Of the Borough Of Manhat-
tan. 1t was charged formally yester-
day that the nomination had been stol-
en- from James j. Hines, the anti Muir
ply candidate.
The order was issued on the appli.
cation of Vincent S. Lippe, counsel for
Hines, who alleged election frauds on
the part.of the Tammany watchers and
polling clerks. Thirty-five specific in
stances of repeating and other cleo
tion crimes are charged in the NOV
ing papers. The order is returnable
Monday before Justice Wasservogel.
Prison for hundreds of Tammany
workers is certain if the Hines faction
can prove only small part of charges
contained in the affidavit sworn to by
James j. Hines and filed in the Supreme
Court yesterday.
Police May Be Accused
In addition to prosecutions for al
legged frauds at the polls, the Hines
people announced they would bring
criminal proceedings against several
members Of the Police Department and
several Tammany politicians in connec-
ton with the beating and shooting Of
Illness manager, Joseph Shalleck, and
other Hines men while they were look
ing for evidence of irregularities in
a polling booth not far from the home
of Charles F. Murphy.
The Police Department yesterdaA is
sued statement purporting to have
been made by Patrolman Herman
Doolan, who was one of the policemen
present in the polling booth when Shall
leck was shot and blackjacked. Accord
ing to the statement, no one was in
jured in the polling booth, no blows
were struck and no shots were fired,
Doolan, however, admits that ten or
twelve men came there in two automo-
biles, bearing out that part of the
statement Of Shalleck and his COM
panions. He also bears out their dec
laration that they asked to inspect the
books, which Shalleck said, showed
that the Murphy crowd had used re-
peaters in Charles M. Murphy's own
district.
Doolan said yesterday at Police Head
quarters, where Inspector John Cough
lin, head of the Detective Bureau, is
making an investigation, that the Tam
many election inspector said to the
Hines party when one of their number
demanded permission to inspect the
books: "Who are you and what author
ity have you for inspecting them 2"
Called Wordy Wrangle
To this the spokesman for the Hines
party. according to Doolan, replied:
ITS none Of your business. I'm here
to inspect them"
Doolan said that a wordy wrangle
then ensued between the Hines men
and the polling inspectors, which end
ed, according to Doolan, when he or
dered the Hines men to leave, saying
that if they did not he would arrest
them. Doolan said they left then,
quarreling among themselves, entered
their automobiles and drove off.
Doolan admitted that he had not
made any report of the case to the
police station.
Hines, in his affidavit filed in the
Supreme Court yesterday, charged:
l. That repeaters were used to vote
for his opponent, julius Miller. the
Murphy candidate.
2. That slips urging that Miller be
voted for were inserted in the official
ballots by elections officials.
3. That thousands of votes cast for
him were changed to Miller votes. by
erasing the cross from in front cf his
name and writing it in the square op-
posite. Miller's name.
4. That gross errors were committed
in the tabulation and transcription to
the tally sheets by the inspectors and
poll clerks.
5. That ballots cast for Hines were
torn up.
6. That ballots cast for Hines were
counted for Miller.
Certificate for Miller
1t was said yesterday by those fami-
liar with the election law that the
Board of Elections will have to give a
certificate of nomination to Miller, as
the board must go on the face. of the
returns. Hines, however, in the event
of being successful in a recount, can
have his name placed on the ballot.
The Board of Elections must give the
certificate of election before Sunday
midnight, as the law calls for action in
this respect 120 hours after midnight
of primary night. Hines to have the
courts order his name on the ballot
need only show an average of less than
five stolen votes to each election dis
trict.