Year: 1870

The District Attorneyship-To-day Proceed.
INSTRUMENTATION Of the Arsumept on lhe
Motion for n REORGANIZATION Of the Figures.
Court of Quarter Sessions-Judges ALISON, Ludlotc


Peirce and PGrs0n,
The turn that this case took yesterday by the dis
avowal on the part OF Mr.. Gibbons OF any answer to
Mr. Sheppard's petitions left the matter to be
discussed upon those petitions alone and to this
'Cae ME- McMurtrie on Sehslf Of Ir. Gibbons, pro-
ceeded to reply to Mr.. Hagert He said the two
OF this court given in october last was tina and If
so, whether there was any power in this court to
Judgment. The 6rst point he thought he would
prove aflrmatively, and the latter negatively.


1t was matter OF regret that the records of our
court had fallen into such loose state at present
existed and as was exhibited yesterday. Here the
record showed that final Judgment was given by
entry in the records to show that any step what
ever had been taken in i since then;
an actual crime had been
by somebody In falsfying the record, which was only
selves r and e Counsel ans in the case Having cited nu-
merous authorities to prove the nality OF the judg
ment and the impotence Of the court to interfere
taking out writ OF certiorGrt before presenting the
petition for a rehearing, Mr.. Sheppard had waived
takes.
The petition purported to ask only for the eorrec-
ton of SIMPLE plain palpabe slips upon the face Of
the judgment, but in truth the object was rehear-
ing OF the cause The first petition gave the
result OF most thorough examination OF the record
that Mr. Sheppard's majority was "A votes; month
later 1t was said In another petition to be 49, and
the INK d az It fTo Of 5e
and after the jurat; and in order to discover the
truth Of these conflicting calculations the
And ..ssS M in went
cided, and this the Court surely would not do Then
what was at issue in the case? Nothing whatever
except the matter contained in the petition. And of
which petition there anything issue? for the
second appears to abandon the first The petitions
year to do, and certainly the person who asked such
thing should be required to point out with
otherwise the whole case would have to be
reopened, and this six months after the judgment,
ts and S pee S so
knows nothing OF the case, and never read word
Of the evidence. AS Mr.; sheppard,s last petition
doubt the Judgment would not be disturbed. AS to
the SO naturalized votes which were counted by
Judge Brewster for Mayor Fox andnot for the other
respondents in face of the fact that they had been
counted in one case and not counted in six, how
could it be said that the failure to count was mis-
| take?


After final judgment in this court the gentleman


aas est stoSsbed rnes avad & a ne
have this question investigated by taking out his
writ of certorar and after this without withdraw
making this singular demand.


But upon that demand, an examination OF the evil
dence and principles OF law upon which the Court
decided in october would show that those nineteen
errors fell to the ground and left the Judgment as 1t
| was De1Ore


Mr. Mann followed for Mr.. Gibbons, saying that
he thought this susceptible OF clear and fair
solution as any case ever before the Court. He
doubted not that just and right result could be
obtained under this evidence by the application OF
true and just principles That the principles enun-
cated by the Court were right, one who looked at
them properly could for a moment question


Looking at the opinion as read by Judge Brewster,
though the principles OF law were undoubtedly cor
rect, yet the arithmetic was matter about which
there had arisen doubts and questions, which were
honestly meant. When the Court undertook to
|
which were to be thrown out, perhaps none OF the
figures used in those statements critically cor
rect. Almost the only thing before the Court was
the petition.


Taking up the petition and the errors therein
specified, Mr. Mann proceeded to explain from the
evidence the method by which Judge Brewster ar
rived at his results according to the rules OF COM
putation furnished by the respondents counsel, and
the same that had been used in these cases for
years as he maintained,