Year: 1870

the right OF this court 10 examine and correct the
alleged errors In its decree. Your HOn0rs then as
signed April to hear the argument upon this pro-
test, and also upon the petitions and answers but
before the day fixed for the hearing had arrived we
were further stayed by preliminary injunction
issued by the Supreme Court


That injunction having been dissolved upon April
ny the Judge who granted it, no obstacle now re-
mains to full and free hearing by your Honors OF
the matters alleged in the petition except such as is
interposed by the protest OF Mr.. Gibbons already


filed. regret that It has been thought necessary to
make this protest. and to interpose technical objec
tons to an examination and correction OF the errors
which, with all due respect TO your Honors, we be-
lieve have entered into your judgment. After the
strong expression Of opinion by his Honor Justice
Read that the decision OF the Supreme Court did not
affect any future legal action that might be taken
by the Court below, was led to anticipate no fur
ther question the jurisdiction OF this Court and
had looked for withdrawal OF this protest from the
record.


proceeding, instead OF counsel merely, | should
prefer that my title to the office which claimed to
hold should be established beyond suspicion, and
should invite an investigation by your Honors into
any error or omissions which it was alleged could
affect the result should do 80 In justice to your
Honors, who ought to have opportunity to revise
any mistakes into which you may inadvertently have
fallen and In justice to myself and to an honorable
opponent, whose course throughout this entire pro-
ceeding has been guided by the Hicest and most
exact sense Of honor. And l should
furthermore desire such an investigation
from q respect for the right OF popular election
which is involved in the proper determination by
your Honors OF the question as to who received the
largest number OF legal votes for this office. But If
other views OF duty have Influenced our opponents
we have no right and do not mean to complain. We
are here to answer the objections which may be
urged against the right OF your Honors to nvesti-
gate these alleged errors and to satisfy you that
through clerical errors and omissions, and from
overcharges In purgng the polls Of the four divisions
included In the opinion OF his Honor Judge Brew
ster, wrong result arrived at and that instead
Of Mr. Gibbons having received a majority OF 6S
votes, as your Honors have said in the judgment
which you pronounced in this case majority OF the


legal votes was cast for Mr.. Sheppard. In
arriving at this conclusion / do not pro-
pose to assail any legal principle
from which your decision proceeded, or to ira vel
over the ground covered by the original contro.
versy but taking up the table and estimate out of
which this majority OF 6S votes for Mr. Gibbons is
constructed, propose to show some defects in the
method Of its construction. mean to point out to
your Honors where brick and stone have been built
into its walls with too lavish hand and where the
necessary door and windows have been omitted
altogether, and when we shall have removed some
of this material, ana opened these doors and win
dows trust we shall be able to see the daylight
throGRh this long-contested case


Mr.. Hagert then took up the petitions, and pro
ceeded to show an omission from the opinion Of sc
naturaZed voters: an error OF ID votes In purginp
the poll OF the Eighth division OF the Ninth ward an
OF in the Sixteenth division Of the Twentieth
ward, and overcharges in purging the Sixth and
Seventh divisions OF the Seventeenth ward and the
Fourth division OF the Twentieth ward; and claim
ing Mr. Sheppards election by majority OF from 81
TO $50 votes,