-ITK CORNELL ^H^9 ly^VEKSlT^ A^^ LIBRARY Stifam. New ^nrk FROM THE BENNO LOEWY LIBRARY COLLECTED BY BENNO LOEWY 1854-1919 BEQUEATHED TO CORNELL UNIVERSITY DATE DUE |, ; n Ji^dJ^ im ^" CAYLORD PMINTEOINU S A Cornell University Library JK3495 .A55 Proceeding s and testimon' taken before t olin 3 1924 030 490 753 Cornell University Library The original of tiiis book is in tine Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/cletails/cu31924030490753 'Ks.^'^ir^*; C54a-f;- ; * . - oj, ,,-l -a vx , - , -j^*^ -y, .-j.^-. PROCEBDINGS AND TESTIMONY TAKEN BEPOKB THB SENATE jCOMmTJTEB ON PEIVILEGfflS AND ELECTIONS, IN THE MATTER OF CONTESTING THE •ELECTION OF WILLIAM P. EICHARDSON, OF THE THIRTEENTH SENA- TORIAL DISTRICT. Albany, Wednesday, January 27, 1892 — 7 p. m. TJie committee met pursuant to adjournment. Present — Chairman Roesoh and Senator Endres. Chairman Roesch. — We are ready to proceed, gentlemen. John M. Gardner, Irving Washburn, Samuel E. Dimmick and Grant B. Taylor appear for C. FredLamont, the contestant. ^ Edwin Countryman, Michael Hirschberg and — O'Neil appear for William P. Richardson, the sitting member. Mr. Edwin Countkyman.- — If the committee please, I would Uke^ on behalf of one of the counsel of the sitting member of the Senate, at the outset to call attention to the notice or petition, whichever it may be termed, which I suppose is the process or pleading on behalf of the contestant instituting these proceedings. I understand that there are no special rules of the senate regulating the procedure in this class of cases, so that the committee would be governed by the ordinary rules of parliamentary bodies in cases of this character, and I wish for information to call the attention of the committee to the notice' or petition with the view of seeing what course we are to take, according to the established method of procedure here, or according to yoar custom in such cases. This notice -seems to have fourteen different counts, if they may be so called, and I have read them over and of course I have no further information of this proceeding than such as I learn from this notice, and I confess after reading it over I have not learned very much. I will read one or two of these as a sample of the entire notice, with one or two exceptions, to which 1 will call attention. They charge: "First, bribery, corruption and fraud was participated in by the said William P. Richardson, hi§ friends, servants, agents and representatives at said election." That is all of the first count. " Secondj that money was corruptly; illegally and unlawfully used by the said William P. Eichardson, his servants, agents and representatives in every election district in the counties of Orange and Sullivan, to influence a sufficient number of voters to secure his election." That was all there was of the second count. " Third, that there was unlawful and illegal solicitation and public electioneering by the said William P. Eichardson's servants, agents and representatives on election day, at every election district in the said, thirteenth senatorial district, at a distance less than 150 feet from the polling place in each said election district," and so on. There is not, with one or two . exceptions out of the fourteen, any more specific allegation of wrongdoing on the part of Mr. Eichardson, as a candidate for the senate from the thirteenth senatorial district, than those I have read to the committee as illustrations. Now, I submit that is hardly enqugh to inform the sitting member to enable him to prepare to meet these charges. I assume there are a very large number of election districts in this senatorial district, several hundred, taking up the two counties of Orange and Sullivan, and I submit whether it is a fair presentation or statement of the charge of fraud and corruption against a man to say in every one of these election districts, without specifying any particular case, any particular man or person was influenced at the election, to say that this candidate, through his agents, servants and representatives in each and every one of these election districts, committed fraud, with- out specifying the nature of the frstud, the character of the transac- tion upon which the fraud is predicated, or giving the slightest information to the opposite party of the facts upon which it is relied to substantiate the charge. I have taken some pains to examine the authorities, the text-books upon this subject, and I find the ordinary rule is, in cases of this character, before legislative bodies, to require a plain, fair and intelligible statement of the transaction, not perhaps as specific, but enough to give the opposite party some clue, some information touching the nature of the charge, in order to enable him to prepare his defense, and in order to enable him to answer the charge. As I understand, there has not been any formal answer interposed to these allegations. I don't know whether your practice is to require a formal answer or not, so as to form at least a formal issue touching the nature of the transactions which are to be litigated before you as representatives of the senate. I have called your atten- tion to this with the view of ascertaining what course we are to pursue on the part of the sitting member. I said there are one or two exceptions to which I call the committee's attention. The first count in which there is any information really is the seventh, which reads as follows: "That at the second district of the third ward, and the second district of the fourth ward, in the city of Newburgh, while the election was in progress, ballots being received and deposited in the ballot boxes, the inspectors of election at each of said election dis- tricts unlawfully, and illegally, and with the intent to defeat the result ' of said election law, contrary to law, opened the ballot box at each of said districts and abstracted therefrom ballots that had been voted by voters." That does give us some information upon which we can proceed. Th^ only other two that it could be claimed were sufBcient, are the two following, the tenth and the twelfth. The tenth reads as follows: "That in the fifth district of the first ward of the city of Newburgh, the' pemocratic inspector of election became intoxicated on election day through the procurement and con- nivance of the servants and agents and representatives of the said William P. Richardson, and was thereby incapacitated from peirforming his duty, and was unable to count and canvass the votes after the polls were closed, and allowed the same to be done by a Republican watcher at said polls. That at said polls during the day grave irregularities were practiced." Now, I submit that if it were true that the Democratic inspector became intoxicated during the day and failed to perform his duties, even though that intoxication was brought about by the agents or servants of one of the candidates at the election, if nothing wrong resulted from it, if there was no wrong count of the votes taken, nothing done which would affect the result at that particular poll, it wo,uld not amount to anything one way or the other, and there is no claim, no allegation that in consequence of the intoxication of this inspector there was anything wrong do^e which affected the result at the polls, but it says, " grave irregularities and practices were allowed to be performed during the day." It does not say which side per- formed them, whether on the side of the contestant or on the side of the sitting member. I submit that is not enough. The twelfth is the other one, that at some of the election districts in the city of New- burgh, they do not specify which, there are twenty election districts in the city, that at some of the election districts in the city of Newburgh, upon registration day in the absence of the Democratic inspector, the majority of the board of registry placed upon the registry thereof the names of persons not entitled to vote at said election district, and on election day received and deposited in the ballot-box the ballots offered by such persons." If that should be deemed sufficient to enable testimony to be given and put the other party to a contests there certainly isn't any other of the fourteen counts -which gives the slightest information, tells us where anything wrong was done, except the general allegation in every election district in the senatorial district, what it was that constituted the wrong-doing, or the corruption or the fraud, and I submit it is hardly sufficient to put the member who has the certificate of the State committee, and who is occupying his seat in the Senate under that certificate, it is hardly sufficient to warrant formal investigation of such issues as that without some further amendment or proceeding. Mr. John M. Gakdneb. — If the committee desires us to occupy any time on this subject, I can simply reply to the objection of the couqsel by saying that this petition sets forth with the same particularity the allegations which would be set forth in a quo warranto action to oust the defendant. What he complains of is, that we have not given details. Details are evidence. We are now prepared to give the evidence. We are not required to give evidence in a petition any more than we are in a pleading. That is the only reply I have to make to that. We have stated in this petition that his election was pro- cured through fraud upon the part of himself, his agents, representa- tives, and others acting in his interest. That allegation of itself will be supported, if we show that the fact exists that fraud was prac- ticed to procure him a majority of votes. I submit to this committee in brief, that the allegations set forth in this petition are more partic- ular than the ordinary petition contains, in parliamentary bodies, and that while there is no rule upen that subject, we acted very fairly toward the opposit party in being very particular in our allegation. Chairman Eoesoh. — The chair will state that neither by the rules of the senate nor by statute, so far as the chair is aware, is there any mode of procedure prescribed foi: the conduct of contested election cases. The chair is aware that in Congress a very elaborate set of rules, is not alone laid down by the House and by the Revised Statutes of the United States, but as well by the practice of contested election cases for years back; that practice in the House of Representatives prescribed the character of the petition and notice which should be filed, the time within which an answer should be filed, the nature of the proof that must be furnished, and the like, but in the Senate of this state ^uch a course has never been followed, and no set rules have been laid down or adopted at any time. In the cases which this committee has thus far had before them, the committee has held that the petition, even though it may not have been as specific as com- plaints are usually required to be, should stand and be sufficient; that the contestant should develop his case under that petition, that a reasonable time be afforded the sitting member to answer what may have been brought forth in the presentation of the case for the con- testant. The committee has given a liberal time in the other cases, for filing an answer to the petition by the sitting member, and has not required in that answer that any particular form or particularity should be followed in setting out ,the defense or the answer to the charges in the complaint. The committee is, therefore, of opinion that the petition should stand as it has been filed with the Clerk of the Senate, and that amendment of it is not needed to enable the contestant to go on and present his case. The committee will state that abundant time will be given to the sitting member to meet ,the charges which may be developed by the contestant. Mr. Countryman,— The evidence may proceed without waiting to file a formal answer ? Chairman Eoesoh. — Yes, sir; it is my opinion that even if no answer were filed at any time by the sitting member, the sitting member could go on to meet the charges made by the contestant in bringing up his case. Mr. HiBsoHBBEG. — And make any other charges if he has evidence to substantiate them ? Chairman Roesch. — If the committee should make it a majority in in his favor, in the opinion of the committee as against the sitting member,' the sitting member undoubtedly would have a right, if he could do so, to show that that majority claimed by the contestant for him was made up perhaps from districts in which fraud had been practiced upon his side. The committee will, therefore, be prepared to go on. { Mr. DiMMicK. — Gentlemen of the committee, I will relieve my friend the opponent, the other side, from the disability under which hei ' claims to have labored, and will be specific in regard to some of the facts which we expect to prove before you, which we claim will com- pel you to award this seat to the contestant. Before I proceed, per- ' haps, to be specific in our line of proof, it may be well for me to say that this contest'has not been commenced on behalf of the contestant, a$ some of the papers have alleged, because, as they said, fortunately for him the Senate was Democratic. The preparation for the contest was commenced before it was known really, before it was supposed, that he would have a political majority in his favor. The moment — Chairman Eoesch. — We do not know yet whether that political majority is in his favor. Samuel E. Dimmiok. — Politically I mean. Almost the moment after the polls were closed he and his friends became convinced of the fact that there were irregularities committed in his district which cer- tainly should not be allowed to pass by without a contest. The sena- torial district has been represented in this chamber for a number of years, with one bare exception, by a Eepublican, and we have con- tended all along that it was misrepresented; that the occupant in the thirteenth senatorial chair did not represent the political senti- ment of a fair, true, honest majority of the voters of the thirteenth dis- trict; and the Democratic party, feeling that way, saw this time and this opportunity not only to prove conclusively, as we say, to you, but to the citizens of the thirteenth district, that it has been by corruption, bribery and fraud for a number, of years that they have been mis- represented ' in this chamber. There is hardly an election district,- and in that case the petition of the contestant is absolutely true — there is hardly an election district in the thirteenth senatorial dis- trict last third of November but what there were irregularities com- mitted, and a great many of them of the grossest kind. Tou take Sullivan county, and we shall claim before you in Sullivan county you are met there with your yellow ballots, with paster ballots attached to your certificates; you are met there in one district where there is an improper and a wrong indorsement on the official ballot; in one district, No. 1, a ballot of No. 3 — a Eepublican ballot of No. 3 — is voted; you come to Orange county, you will find the trimmed ballots attached to the returns in Orange county; you will find incon- sistencies in the canvass of the inspectors of election, that it is impossible for any person to recognize. For instance, in one district in Orange county, the districts I do not exactly remember, you will find that the inspectors of election in that district certified that the straight Democratic ticket received 137 votes. 0. Fred Lamont was the Democratic candidate for Senator in that district; if there were 137 straight Democratic votes cast at that poll, 0. Fred Lamont ■ should have been credited and should have received 137 votes at that poll. , But, strange to say, the inspectors of election at that poll cer- tified under their hand and oath that C. Fred Lamont received but 130 votes at that poll; how they can reconcile those two statements it is impossible for me, and, I think, it will be impossible for you, to reconcile '? , In other districts it is exactly the same way. You will find in other districts, where they certify there is a straight Republi- can ticket, receives so many ballots, and you will find that Mr. Richardson is credited with a less number of ballots than they have certified the straight Republican ticket received; but, for the time being, as we go on we will develop minutely the different districts that we expect to raise our objection upon what you call technical ground, but our principal objection and the strong objection which we raise to the sitting member is this, that in different and in several localities and diBtriets, particularly in Orange county, that money was corruptly used and spent by his agents, his servants and his repre- sentatives, to plade him in this chair. For instance, in the city of Middletown, we will prove to you that there is a club that is known as the German Democratic Club, which consists of over a hundred members: that prior to election this German Democratic club endeavored to enter into communication with Mr. Lamont for the purpose of receiving a pecuniary sum .from him; he refused, or in other words, they did not hear from him. ' tJpon the night of election, immediately after it was discovered that the present member was elected, the president of that club telegraphed to Mr. Richardson that the German Democratic club of Middletown had given him over 100 votes that day. That the next day the chairman of the German Democratic club of Middletown, at Middletown, received seventy-five dollars from Mr. Eichardson, or his agents,' or his attorneys' for that vote we say. For a hundred votes. We wUl prove that in the seventh district of Newburgh, we will get up a little higher price as we get nearer the river or nearer civilization; we will prove in the seventh district of 'Newburgh, where is located our alms-house, that thei'e were some twenty- six or thirty members of the alms-house that voted in that district, none of whom, we say, were entitled to a 'Vote for two reasons: One reason was that they were not residents of that district, and the other reason is that they were purchased; and as proof of that we will show before the committee that Thursday after election an inmate of the alms-house went through the halls of the alms-house distribut- ing money to the inmates; that he gave one man some money; he gave another man some money; and he came to a man named Duncan and he gave him one dollar; Duncan says, "Where is my three dollars that you were to give me for going down there ? " He shoved him to one side and said, " Take that one dollar or else take none." \nother inmate happened to be flitting there, and the other inmate stepped up and says, " Where is my money ? " He says, " You can't have any, you went with the Democratic wagon and voted the last election." We will prove by another witness, who was present at the seventh election district, that all day the Republican worker was running men tothe number of sixty into a little place that he had prepared to meet him, I and running from there to the polls, after they voted running back there; that he can give you the names of thirty- five of them, and he is very well acquainted with that district, and has worked in that dis- trict quite frequently, and I think his testimony will be that he has never known those persons to vote without receiving a pecuniary con- sideration. We will prove to you, in addition to that, that in the city of Newburgh there was an electioneering club that was known as the " - 8 William T. Sherman club; it waa composed of colored people, and that this club has its meeting'at No. 100 Water street, which, I believe, is the headquarters of the meeting-room of the Newburgh Republican club of which my friend, I believe. Judge Hirschberg is president. That at one of the meetings of that club a gentleman made a motion that a com- mittee of three be appointed to wait upon Mr. Odell of the colored club, who, is the State committeeman residing in Newburgh, and inform him the William T. Sherman Colored club would vote the Eeputlican ticket, provided he gave them $1,500. This is a little higher than seventy-five. We will prove that at a meeting at 100 Water street, at the Newburgh Eepublican club rooms, subsequent to that, that Mr. Odell was present and addressed the William T. Sherman Club, and in that address he told them he was going to New York either that night, or the next day, or the day after, and he would see how the friends were in New York, and if they were all right he would make.it all right with them, and I believe he returned and it was announced to the club if the 110 men would vote for the Eepublican ticket they would receive $600 for it, and the money was to be disbursed from three places after they voted, on election day, from a man's house by the name of Dawson, a man named Alsdorf and a man named Pelham, who at that time was a letter-carrier or in the custom house in the city of New York. I could go on and' I could enumerate four or five or more cases of that kind, but I have simply enumeilated that to call the attention of the committee to the nature of the proof which we will present before you. The following is a copy of the petition : To the Senate of the State of New York : The undersigned, the Democratic candidate for Senator at the election held in the thirteenth senatorial district on November 3 1891, and the person who received a plurality of the legal votes cast at said election, protest against William P. Eichardson, his Eepubli- can opponent representing said district in the Senate and hereby give notice that he contests the alleged election of the said William P. Eichardson as Senator from the thirteenth district upon the following grounds and allegations which are stated on information and lielief. First. That bribery, corruption and fraud was participated in by the said William P. Eichardson, his, friends, servants, agents and representatives at said election. Second. That money was corruptly, illegally and unlawfully used by the said William P. Richardson, his servants, agents and representa- tives in every election district in the counties of Orange and Sullivan to influence and buy a sufficient number of voters to secure his election. - 9 Third. That there was unlawful and illegal solicitation and public electioneering by the said William P. Richardson, his servants, agents ' and representatives, on pleotion day at every election district in said thirteenth senatorial district at a distance less than 150 feet from the polling place in each of said election districts, Fourth. That non-residents and minors were allowed to and did vote , for said William P. Richardson at several election districts in • said senatorial district. Fifth. That the apparent plurality of votes credited to said WUlliam P. Richardson by the returns of the inspectors of election in the respective election districts in the counties of Orange and Sullivan was procured by frauds bribery and corruption of the election officers at the poll as well as of the individual voter. Sivth. That at several election districts in the county of Orange, the board of registry placed upon the registry the names of persons known to them to be persons not entitled to vote at the respective polls where they were registered and on election day the inspectors of election allowed the persons whose names were thus placed upon the register to vote. , Seventh. That at the second district of the third ward and the second district of the fourth ward in the city of Newburgh, while the election was in progress ballots being received and deposited in the ballot-box the inspectors of election !at each of said election districts unlawfully and illegally and with intent to change the result of said election, contrary to law, opened the ballot-box at each of said dis- tricts and abstracted therefrom ballotsthat had been voted by electors of said districts. ' Eighth. That ballots marked for identification by the said William P. Richardson, his friends, servants, agents and representatives were caused to be voted and counted for said Wjlliam P. Richardson at said election, at several election districts in the counties of Orange and Sullivan. Ninth. That the inspectors of election in over thirty election dis- " tricts in the county of Orange made improper, illegal and irregular returns of the canvass of the respective election districts to the board of county canvassers and in many cases unlawfully refused to modify or correct said returns when returned to them for correction by the board of county canvassers and that the certificate of the said William P. Richardson as Senator was based upon said improper, irregular and illegal returns. Tenth. That at the fifth district of the first ward of the city of .Newburgh, the Democratic inspector of election became intoxicated 2 10 on election day through the procurement and connivance of the servants, agents and representatives of the said William P. Richard- son, and was thereby incapacitated from performing his duties and was unable to count and canvass the votes after the polls were closed, and allowed the same to be done by a Eepublican watcher at said poll. That at said poll, during the day, grave irregularities and unlawful practices were allowed to be done and performed by the servants, agents and representatives of the said William P. Richardson, to the injury of the undersigned. JEJleventh. That almost every device to evade the ballot-reform law was resorted to by the said William P. Richardson, his servants, agents and representatives, to forward his election, and the same was secured through bribery, fraud and corruption. Twelfth. That at some of the election districts in the city of New- burgh, upon registration day, in the absence of the Demo.cratic inspector, the majority of the board of registry placed upon the registry thereof the names of persons not entitled to vote at said elec- tion district, and on election day received and deposited in the ballot- box the ballots offered by such persons. Thirteenth. That the acts above charged wftre done illegally and fraudulently, and with the corrupt and fraudulent intent to defeat the undersigned at the election held November 3, 1891. Fourteenth. That the undersigned was lawfully elected senator from the thirteenth senatorial district by a plurality of the legal votes cast at said election, and is ready to establish by evidence the truth of every allegation set forth above. Whkeefobe, The said 0. Fred Lamont prays that the senatorial seat for the thirteenth district be awarded to him. C. FRED LAMONT. Oeange County, ss. ; C. Fred Lamont, being duly sworn, says that he is the above named contestant; that he has read the above protest and notice of contest and knows the contents thereof, and that the same is true of his own knowledge, except as^to the matters therein stated to be alleged on information and belief, and as to those matters he believes it to be true. C. FRED LAMONT. Sworn to before me, this 4th ) day of January, 1892. J James G. Dunphy, Notary Public, Orange County. 11 'HliNEY Mathews, being duly sworn, testified as follows: By Mr. Gaedneb: Q. Where do you reside ? A. Two hundred and twenty-seven Washington street. Q. Newburgh city ? A. Yes, sir. Q. How long have you lived in Newburgh ? A. About seven years, I guess; going on seven years. ^ Q. Is there a club in the city of Newbjirgh known as the William T. Sherman Club? A. Yes, sir. Q. Was that club in existence last fall, before and at the time of election? A. Yes, sir; the club has been in existence about a yea,r; a little over a year. ' Q. Were you a member of that club last fall before the election ? A. Yes, sir. Q. Did that club have an executive committee A. Yes, sir. Q. How many members were in that club ? A. I can't rightly think; I think about 150 or 160; I can't rightly remember. Q. Will you mention the names of the members of the executive committee ? A. I will. Q. What were their names? A. L. F. Johnson, Henry Mathews, that is my name, William Bawson, Joe Coon, Lew Felin, Prank Arnold; there was seven of us anyway. ,Q. The other names you can not now recollect? A. I can't just now. . Q. Were you present at a meeting of the club before election, at . which a committee was appointed to wait upon the State committee- man? A. I was. Q. Where was the meeting held ? ^- Up over Mr. Owen's store in Water street. Q. To wait on what committeeman; Democrat or Eepublican; A. Didn't say; he said, "wait on the State committee;" didn't say whether Democrat or Republican. Q. Do you know what committee that was that was appointed ? A. Yes, sir. \ Q. Who were they? A. L. F. Johnson and William Dawson. Q. Was it a Republican or Democratic club ? A. A Republican club. Q. What was that committee to do ? Mr. CouNTEYMAN. — Objected to. Q. What were the instructions to the committee by the club appointing the committee? Mr. Countryman. — Better produce the. resolution. Q. Was the resolution committed to writing? A. No, sir. 12 Q. Will you state what the substance of the resolution was ? A- The resolution was to wait upon the State committee and see what they would do; what donation they would give to the club. Q. At that time or now did it have any personal property; the club; did it have any personal property, furniture or anything? A. No, sir. Q. Did that committee subsequently report to the meeting that it had waited upon the committeeman ? A. Yes, sir. Q. Were you present when the report was made? A. I was not present when the report was made, but I heard of the report; I was not present. Q. From whom did you hear what the report was ? A. I heard it from the treasurer. Q. Who was the treasurer ? A. William Dawson. Q. Was he the treasurer of the club ? A. Tes, sir. Q. What did he state to you was the report of the committee ? Mr. Codntkyman; — Objected to. Mr. Gabdnek. — We insist it is competent. Mr. CouNTEYMAN. — Mr. Dawson, I suppose, is the man to testify. Mr. GrAKDNEB. — Mr. Dawson is the treasurer of this association or club, and he is as such a member of the club. What he says is to be taken as evidence against this club . I Mr. HiESCHBEKG. — What this witness says he said. Mr. Gaednee. — I am saying what he says he said. I am asking the witness to state. If these gentlemen do not want this investigation to come out here, we certainly think that it is very unfair on their part; they know in a court of justice this evidence would be com- petent. That here is a member and officer pi a corporation, a treas- urer, who is presumed to know all about it. Chairman Boesch. — The chair personally is of the opinion that this evidence in a court of justice would not be competent, but this com- mittee is not governed. The chair wishes to state, by the direct rules of evidence; the committee does not intend to allow every bit of hearsay evidence to go into the case, but at the same time the com- mittee sits with almost unlimited power of investigation ani^ scarcely bound down by any rules of evidence; the committee is desirous of confining the proof as much as possible to the character of such proof as would be admissible in a court of justice, yet the committee knows also in investigations of this character, such rules are not applicable, or rather, are not strictly adhered to. Mr. Gaednee. — I would make the further suggestion that this treasurer, Dawson, was one of the committee himself. So that would make it competent even in court. 13 Chairman Eoesoh. — I do not know about that in court. We are not in court just now. I do not, as a member of this committee, want to allow every bit of evidence drawn from the widest hearsay circles to come in which shall tend, if you please, to besmirch any man's character or to bring any man under unjust suspicion of having engaged in bribery; the committee do not wish to do that, at the same time the committee feels it is its duty to allow considerable lati- tude in this in-^estigation. Mr. HiESOHBEBG. — I do not understand they mean to do anything of that kind. There is no imputation on the State committeeman to fur- nish a sum of money to so deserving a lot of men as this club. Chairman Eoesch. — The committee will allow this question. By Chairman Eoesch: Q. What did Mr. Dawson say to you that the committee reported to the club after having seen Mr. Odell ? Mr. CouNTBTMAN. — WiU the chairman allow me to make a single suggestion ? Chairman Eoesch. — Yes, sir. Mr. CouNTEYMAN.^ — I supposc Mr. Dawson is here? Mr. Gabdkee. — He is in your camp. Mr. HiESOHBEEG. — Ain't these all Eepublicaas ? Mr. Gabdneb — They are, but there are the honest ones. Mr. CouNTETMAN.— It is admitted on all sides in a court of justice it would be necessary to produce Mr. Dawson to show what he knew of the subject. They propose to show, we will assume at this stage of the case, what Mr. Dawson said to Tom, Dick and Harry. Is that to be taken as (jorroborative of Dalson ? Chairman Eoesch. — Not at all. Mr. CouHTBYMAN. — And thus pile up a large amount of evidence here upon a subject which one man only knows anything about? Chairman Eoesch. — If they conclude their case with simply this character of testimony, without having produced Mr. Dalson, or it they do not produce him, or give some reason satisfactory to the com- mittee for his non-production, stand simply upon this kind of testi- mony, I am sure that I, as one member of the committee, would not vote for anything that would criminate, if you please, Mr. Odell or any other man on such testimony, but I think the testimony should go in. By Chairman Eoesch: Q, What did Dalson say to you that the committee said to the club after haying come back from having seen Mr. Odell ? A. I want to 14 say to you, sir, you y^ant me to tell the truth, and nothing but the truth; I want to tell I haven't said anything concerning Mr. Odell; I am talking about the State committee; if anybody knows who the State committee is, then they know who he is, I don't, and I said this Mr. Dalson, when he came back, he made a report to us that we would get $600, and we got it; he didn't say it came from Mr. Odell; he said it was a donation to the club. Q. You say, "He made a report to us?" A. To the committee. Q. To the committee or to the club ? A. To the committee. Q. The executive committe ? A. Yes, sir. Q. Were you present when he made this report? A. I wasn't present when he made this report; he told it to me on the street after they had met and made their report. Q. After he had been before the executive committee and reported to the executive committee, he met you on the street after the meeting of the executive committee and told you that he had reported to the executive committee ? A. Yes, sir; I am a member of that executive I committee, and at that time I couldn't get there at 11 o'clock, when this committee was to meet I couldn't get there; I had other business that called me away. By Mr. Gardner: Q. Who was to receive and disburse this donation ? Mr. HiRSOHBBEG. — That is objected to unless it was something that / somebody said to him. Mr. Gardner. — I am asking him for a fact. By Chairman Eoesoh: Q. Do you know who was to receive and pay out this money ? A. I want to get this thing straight ; I don't want to tell a story about it; we had a treasurer there; he was to receive the money. Q. Was he to pay it out, do you know ? A. He paid it out to some. Q. You mean to say that your treasurer of that club was the man who was to receive and pay out the money ? A. The treasurer of the club was the man who received thei money, and he paid it out to a good many. By Mr. Gardner: Q. ,Was it to be distributed in districts ? A. That is what it was. Q. Who was to receive by districts ? A. William Dalson, George Alsdorf ; they got it, and the other district — I don't know who he was. Q. Where was Dalson to pay out the money ? A. He didn't say where he was, but as I understood — it can be proved here — he paid it out in his own house. 15 Q. You don't know where he was to pay it out? A. No, sir. Q. Where was Alsdorf to pay it out ? A. Alsdorf paid it out in his own house. / Q. That you know ? A. Yes, sir. By Chairman Eoesoh: Q. In what district or districts was this money to be paid out ? A. In the first ward. Q. What electioh district of the first ward ? A. That I can't tell. Q. In any other ward beside the first ward? A. The money didn't say; this money didn't say, that this money,, as I told Mr. Gardner, this money didn't say it was give for election purposes , at all^; this moiley wa^ give to help the club along, and they could dispose o£ it just as they had a mind to; now, what are you going to do with that ? By Mr. Gabdner: ^ Q. I was only using the language of the witness to me; it wasn't in any specific district that Alsdorf and Dalson were to be, that you now recall; they were to distribute the money ? A. Yes. Q. Alsdorf distributed the money at his house ? A. Yes. Q. His house — on what street? A- On Washington street. Q. How do you know he did ? A. Because I got mine there. Q. 'How much did you get? A.. I got five dollars and forty-five cents. Q. Was this donation of $600 to be divided up among the members of the club ? A. This money was divided up to help the club along, and this money was to give to the club; it wasn't given for votes; now, mark you, I don't want you to get that in; it was give to help the club along; you know that colored people are poor; it wasn't give for that you know, it was give to help the club along, «,nd we was to use it just as we saw fit, and we used it just as we seen fit. Mr. Gardner. — That is all for the present. By Mr. Hiesohbbeg: Q. How many members do you say there were of the club ? A. I can't tell. Q. In the neighborhood of a hundred ? A. More than that, 130 or 120. Q. Were they all Republicans ? A. Yes, sir. Q. Always voted the Republican ticket ? A. Always that I know of. , Q. All those that you know ? A. Yes. Q. You have always voted it yourself ? A. Yes, sir. 16 Q. And intended to vote the Republican ticket on this occasion ? A. Yes. Q. Did vote the straight ticket? A. Yes. Q. You always do ? A. I always did. Q. So far as the rest of the members of the club are known to you, they are the same ? A. Yes, sir. Q. The club had no funds, as I understand it, before this donation w^S given to it ? A. No, sir. • Q. You had no money of any kind ? A. No, sir. Q. You had a committee appointed to wait on this gentleman? A. I couldn't say who he was. Q. You havi heard say he. was the State committeeman, by which I suppose you mean the Republican State committeeman ? A. Yes. Q. To see if he was willing to make a donation to the club ? A. That is it. ' Q. They reported back, as you have been told, that he was willing to make a donation of $600 ? A. Yes, sir. Q. And that amount of money was divided equally among you ? A. Yes, sir. Q. Did this man know that you were a Republican club, the State committeeman whoever he is ? A. Of course he didj I suppose he did. ' Q. He knew it ? A. I suppose he did. Q. And they reported it to him ? A. Yes. Q. Your club uses the Republican club rooms in the city of New- burgh? A. We 'do. Q. You were asked if your club had any furniture; are you not allowed to use the furniture of the Republican club ? A. Yes. Q. Their rooms are on Water street ? A. Yes. Q. The principal business street of the city ? A. Yes. Q. The club rooms are located in the most public part of that prin- cipal business street? A. Yes, sir. Q. The existence of the club was a well known fact, known to every- body in Newburgh, known through the papers for about a year ? A. About a year; yes. Q. You have seen the name of it referred to in the papers? A. Can't read, sir. Q. Was any part of this money used for buying Democratic votes ? A. I couldn't say; as far as I know. Q. Did you ever hear it was used to buy Democratic votes ? A. No, bir, I never heard it. Q. So far as you know there was not a dollar of it used to buy a vote or influence a vote ? A. Only what we got and spent it. 17 Q. Was what you got used in any way to influence your vote ? A. No, I spent it at home for a little coal and one thing another. ' Q. Did the giving of it induce you to vote one way differently from what you would? A. No; I would have voted the Republican ticket anyway. Q. Even for nothing? A. Certainly; the principle of a man is this, if you will allow me to tell, that when we ever come down to be Eepublican, Democrat or anybody else, when we get down to a fine thing, that is so public that we will go to the polls and vote man to man, a black man and white man; the white man wouldn't be half so poor as he is to-day if you will let the money alone; when we come down to the fine thing, Mr. Chairman, when we go to work man to man and shoulder to shoulder, and says, here I am a Democrat and I am a Republican, and I am going to shove my ticket, in regardless of money, then we won't have such fights as these, and if you do that you will always be fighting as long as you live. Q. Did your club offer their vote to Mr. Lamont ? A. No, sir. Q. Nobody was authorized to go to him ? A. Not that I know of. Q. Or any intimation there in the club ? A. Not that I know of. By Chairman Roesch: Q. Was your club in existence at the election before the last election, the fall of 1890, when Mr. Taylor ran for Assembly ? A. Tes, when Mr. Taylor ran; because we all voted for him because we liked him. Q. Did you have an executive committee of the club that year ? A. No, sir. ' Q. Did you apply to anybody that year for donations to the club? A. No, sir; we thought we would run on our own hook that year. Q, Did you apply to anybody else at the last election for donations to the club, except the committeeman ? A. No, sir. Q. Did not apply to the Democratic State committeeman, did you ? A. No, sir. Q. You got five dollars and forty-five cents 1 A. Tes. Q. Who paid it to you.? A. Mr. Alsdorf paid my money; I don't know who paid the rest. Q. What was the five dollars for, and what was the forty-five cents cents for? A, I -will tell you; we got it as a donation; and we being poor, I suppose, like all the poor colored people is, we thought we had better spend it and buy a little coal and wood instead of putting it in the bank; that is the only thing I got. Q. Tou got five dollars and forty-five cents ? A. I did. 3 18 Q. Did you get that on election day ? A. Yes, sir. Q. Before 4 o'clock in the afternoon or after 4 o'clock. A. After 4 o'clock in the afternoon. Q. After you had voted ? A. Yes, sir. Q. You can't read 1 A. No, sir. Q. Who did you get your ballot from to vote ? A. Got it in the cubby hole. Q. Did you get the paster ballot? A. Y-es, sir. Q. Did you get the palter ballot from the same man you got the five dollars and forty-five cents from ? A. No, sir. By Mr. Hiesohbebg: Q. What is the paster ballot ? A. I don't know what you call a paster ballot; I mean to say we have pasters; you will allow me to explain the thing; I will try to explain it to you; you know we have lots of people in Newburgh that can't either read or write; I am one of them; the law, as far as I know about it, says pasters are just as good as the ticket; well, now then, I want to vote a Democratic ticket; I get a paster — Q. (Interrupting.) You never did, did you ? A. I often do; some- times I ain't ashamed, you know, whenever I see a good man, let him be Democrat or Republican, he is my man; so you get a paster, and, of course, you go in that cubby hole, and they give you so many tickets, and I always show myself before I go in there, and I get bo many pasters; if I want to vote a straight Republican ticket, what- ever ballots they give me in there, I get the pasters and when 1 go in there I paste on any of them : I don't care whether he is a Prohibi- tionist or who he is; I will paste it on there, and put in any one I want to vote. By Senator Endkes: Q. If you get five tickets you also get five paster ballots, and you put a paster on each one of the tickets you got ? A. I didn't say I got them in the cubby hole at all. Q. You take as many pasters as you tave tickets? A. Yes, sir. Q. You paste one paster on each ticket ?* A. I do. By Chairman Roesch :• Q. If you can't read, how do you make out that you are voting the ticket you really want to vote? A. When I get a Republican ticket I put them all on there; then I know I have got all them pasters, and I know they are all Republican pasters, and I put them on there, and the one I want to vote I put in this hand and they can have the resi 19 Q. Then, to make sure, before going in you get only Eepublican pasters; you get as many Eepublican pasters as you have ballots; you paste a paster on every ballot ? A. That is another considera- tion, sir; probably, Mr. Chairman, you haven't got in that art yot; we didn't come here to kill or hurt nobody; we only cam^ here to tell the truth. Q. You just tell the truth and get the chair to get into that art? A. If you will follow me you will learn that art. James DuBois, being duly sworn, testified as follows : By Mr. Gakdnbr : Q. You live iii Newburgh? A. Yes, sir. Q. How long have you lived there ? -A. I couldn't tell exactly how long. Q. Several years ? A. Yes, sir. Q. At the last election held in the city of Newburgh, were you a member of the Sherman Club ? A. Yes, sir. y. Did you vote the Republican ticket ? A. I voted the Eepublican ticket. Q. Did that club receive a donation to vote the Eepublican ticket ? A. That I couldn't tell, what the club received. Q. Did you receive anything? A. Yes, sir; I received money. Q. How much ? A. Five dollars and forty-five cents. Q. Who^gave it to you ? A. Mr. George Alsdorf. Q. Who lives on Washington street? A. Washington street, a caterer by trade. Q. The one who Mr. Mathews swore gave him the money? A. Yes, sir. Q. Where was it he paid it to you ? A. He paid it to me in his house. Q. When did he pay it to you, after or before you voted ? A. Paid it to me after I got through work, about 7 or 8 o'clock in the evening. Q. Did he ask you how you voted before he paid it to you ? A. Yes, sir; he asked me how I voted. ' Q. What did you tell him ?, A. I told him I voted the Eepublican ticket. Q. Then did he hand yoii the money ? A. Yes, sir. Q. Did he say anything to you about your having' received it as a member of the club ? A. No, sir; he didn't say anything about my receiving it as a member of the club. Q, Do you remember where you voted that day; do you remember the district or ward ? A. About half a block below his house. 20 Q. Was there anybody else in there at the time you were there to get the money ? A. There was one old man in there. Q. Do you know who he was ? A. I do not know who he was. Q. Did you understand that five dollars and forty-five cents was your share of the donation? A. I don't know, because I hadn't attended no meetings last fall. . Q. Did you understand it to be such ? Mr. CoDNTBYMAN. — The question is, what was there said. Q. Did anybody say anything to you ? A. No, sir. By Mr. Hiksohbebg: Q. You say you got five dollars and forty-five cents to vote the Republican ticket ? A. I didn't get it to vote it. Q. You didn't get anything to vote the Republican ticket, did you-? A. No; I voted the Republican ticket before I got anything. Q. You have always voted the Republican ticket ? A. Yes ; I have always voted it ever since I had a vote. Q. Did you vote alone ? A. Yes, sir. Q. It was 7 or 8 o'clock that night that you went down to Alsdorf 's house? A. Yes. Q. Had you learned there had been some money paid to the club ? A. No, sir. Q. How did you come to go there ? A. I was told to go there; I met some of the boys on the street. Q. That night ? A. Yes. Q. The first you had heard about it was after you had voted ? A. Yes, sir. Q. Hadn't heard about it in any way ? A. Hadn't heard about it in no way. By Mr. Gardner. Q. What did he pay you that five dollars and forty-five cents for ? A. I don't know any more than he said that was my part. Q. You part of what ? A. He didn't say nothing about that. Mr. Gardner. — I want the witness to state. Mr. HiRSCHBERG. — The testimony of the other witness was it was divided among the members of the club. Q. You say you understood it was your part; your part of what? A. Of the money that was donated to the club. Q. Who was it that told you to go to Alsdorf ? A. I forget who that was; some of them I met. Q. Was it some member of the club ? A. Yes, sir. Q. What did he say ? A. Said I had better step in; Mr. Alsdorf 21 wanted to see me, and I stepped in, and he took me in another room; there was another old man in there; he looked over some papers and handed me that money. By Chairman Eoesch: Q. Was there more money lying on the table before him ? A. No, sir. Q. Where did he take that from? A. Took it out of his pocket. Q. He had five dollars and forty-five cents ready for you ? A. Yes, sir. Q. Didn't count it out for you ? A. Didn't count it out. Q. Gave it to you in one lump ? A. He counted it out to me. . Q. He said that was your share ? A. Tea, sir. Q. He did not say your share of what ? A. No, sir. Q. Did he say where that money was coming from ? A. No; he didn't say where it came from. Q. Are you a member of the club ? A. I was a member of the club last spring, bufc I haven't had time to attend no meetings this fall. Mr. Gaednee. — He swore he was a member at the election last fall. Q. How far away from jour home did you vote ? A, About a block; right around the corner. Q. How far away from the gentleman's house who gave you the money ? A. It isn't far away; it was right in his house he gave me the money. ^ Q. How far away from his house did you vote ? A. A few doors below him. Q. About what time in the "day did you vote? A. About half- past 12. Q. Tou got this five dollars and forty-fiye cents in the evening ? A. Yes, sir. Q. At about what time ? A. Between 7 and 8 o'clock. Q. Any other of your friends go with you? A. No, sir; there didn't anybody go with me. Q. Did you meet any of them after you had received the five dollars and forty-five cents ? A. No, sir. Q. Did any of your friends tell you they received five dollars and forty-five cents ? A. No, sir. Q. How did it come to be just five dollars and forty-five cents? A. That I couldn't tell. Q. You never asked, did you ? A. No, sir. Q. You never voted the Democratic ticket, did you ? A. Not yet. Q. Might perhaps vote it the next election ? A. I voted in little town elections. 22 Q. Can you read ? A. Bead a little bit. Q. Can you write ? A. A little bit. Q. Before you went into the polling place to vote did you get some pasters outside ? A. Yes, sir. * Q. Did you get them from the gentleman who gave you the five dollars and forty-five cents? A. No, sir. Q. Who did you get your pasters from? A. I can't think now; I think I got them from Mr. Dalson. Q. How many pasters did you get? A. I don't know; I think it was one paster he give me. Q. This was election night you received the money ? A. Tes, sir; about 7 or 8 o'clock. Q. Then did you go to the club-room ? A. No; I didn't attend a meeting at all. Q. Was there a celebration in the club-room that night? A. I don't know; I had nothing to do with that. Q. Had you been a clerk around the polls on election day ? A. No. Q. What do you work at? A. I work at all kinds of work; musi- cian is one thing; teaching music. Q. Had you been doing any work on election day? A. Yes, sir; I was to work all day on election day in a stove store; came up home to get my dinner, and my boss told me to vote while I was to dinner. Q. Then you hadn't done any work around the polls ? A. No. Q. Then you hadn't done any work except the usual work you do t6 make a living? A. Yes, sir. Q. And you got five dollars and forty-five cents ? A. Yes, sir. James F. Sohoonmakeb, being duly sworn, testified as follows : By Mr. Gabdneb: Q. Where do you reside? A. Two hundred and twenty-nine Washington street, Newburgh. Q. Born and brought up there ? A. I was. Q. You were not a member of the Sherman Club ? A. I was. Q. Do you kn6w any of the members of what is known as the Sherman club ? A. I do. Q. Will you mention some of their names? A. A number of them; Frank Arnold, William Dalson, Lorenzo Johnson, Henry Matthews Lewis Marvin, James DeBois. Q. You know others ? A. I know pretty near all of them. Q. Did you have any conversation with any of the members of that club after election ? A. I did, and during the day of the election. 23 Q. What did they say to you, if anything, upon the subject of hav- ing voted ? Mr. Countryman. — (Objected to.) This is attempting to prove an original fact, by mere declarations, hearsay declarations of men on the street. Mr. HiRscHBERG.-r- See where it would lead to if we were to meet it by the same kind of proof. Mr. Gaedneb. — If they are prepared to admit the club all did vote and received part of the donation, then we don't offer the evidence; if they deny it, then we want to offer proof in corroboration of our other, witnesses that members of the club openly stated and said that as such members they did receive a part of this donation for voting the Republican ticket. Mr. CoDNTETMAN. — That is an bold attempt to prove the material fact by mere hearsay. Chairman Boesch. — Suppose the witness could state that some man^ beii^ able to name him, a voter at that election, had stated to him that he received a sum of money for voting one way or the other from a man, mentioning all the pairticulars. Mr. Counterman. — If that man was on trial for illegal voting, it would be evidence against him; but his declarations and casual conversations should be evidence against a third person, against Senator Eichardson or any other man, would be a most extraordinary thing, it strikes me. Mr. H1KSOHBER&. — It would be proof of corruption, not that it actually took place, but proof that somebody said so. Look where that would lead to. We could bring witnesses that John Jones, in such a town, had said to a certain person, who told another man, who told the witness, that he had money of Lamont. Mr. Gaednee. — We are not offering that proof; I am trying to establish the fact that these members, as members, received a part of this donation; that is the issue for this committee. There is no higher evidence than the declaration of the members themselves, when he states they were members of the club and mentions their names. Chairman Roesch. — The chair is of the opinion when you do estab^ lish that, that you have not yet established anything that enables this committee to conclude fraud or bribery. A political club might receive $2,000 in a district, an organization. Mr. HiEsoHBEEG. — It is done every day, in every district in the State, some amount. Mr. CouNTEVMAN. — Supposo they should give evidence of , the declaration of Dalson and we should give counter declarafions of M t)alson, h6 didn't|do this thing; then you have hearsay|both ways, and no original evidence. Mr. Gardner. — Would this committee hold the extraordinary proposition that when a committee has received a donation, or a club from either party, and the members of that club have received a part of that donation, and that they have thereby been influenced to vote, that is not evidence to offer? Chairman Roesch. — 'Oh, no. Mr. Gaednbe. — That is what we are trying to do in this case. I only want to get on the proper line of proof in this case, because we have got evidence here enough to show that this club voted for the consideration of $600 this ticket clear through; I am offering this evidence to prove it. If these members have stated that they received this donation, part of . this donation, and voted the Republican ticket, what better proof does the committee want than that of fraud and corruption, I submit ? Chairman Eoesch. — The committee will allow the evidence, and will attach to it whatever weight the committee thinks should be attached in' the line of all other proof that may be offered in the case. By Mr. Gaednbe: Q. Did you have a conversation after election with one George Taylor ? A.. I did not. Q. Did you, with one William Brown ? A. I had the day of elec- tion; the forenoon of the election. Q. Did you, on the day of election, have a conversation with George Taylor ? A. I did. ' Q. What was that conversation with William Brown? A. He remarked to me that the Eoswell P. Flower Club would be left in the cold; that the Sherman Club was in it; that they made an offer of five wheels, the way he termed it. Q. Did he say that he had received ? A. He didn't say he had received; he said that was what they were offering the boys. Q. The members of the Sherman Club 1 A. Exactly. Q. Di^ you have a conversation with one Arnam? A. Yes; I was followed all over through the day by Arnold, until the polls closed. Q. What did he say to you ? A. He wanted to know if we couldn't come up to the Sherman's figures. Q. How much did he say they were ? A. Said they were five dollars and forty-five cents. Q. Was th,at James Arnam ? A. Fred Arnam. Q. Was he a member of the Sherman Club? A. He was; been 25 influenced so from the Flower Club by the rumor of the amount they were to get and number of others. \ By Chairman Roesoh: Q. Do you mean he had been a member of the Flower Club ? A. I do. Q. And left the Flower Club and went to the Sherman Club ? A. Yes, sir. By Mr. Gardner: ^ Q. Did you have conversation with any of the other members of that club that day? A. I don't know as I did; if I did I don't remember just now if I did. Q. Was Arnam formerly a member of the Flower Club ? A. He was. Q. And before election did he join the §herman Club ? A. The night before election, I believe it was, when I received word. Q. Who did you receive word from; who told you? A. I received word from the members of the Sherman 01ub|. Q. What members ? A. I can't remember exactly, which ones they were now, because I didn't pay much attention. Mr. Countryman. — Now, we have not the declaration of any par- ticular man, but general rumor of a declaration. Mr. Gardner. — If counsel will allow us to complete the examination before he makes his criticism, perhaps he may change his mind. Q. Will you now recall any one particular member who told you so ? A. That Arnam was a member of the Sherman Club ? Q. Tes, sir? A. There were several members of the Flower Club, which had a meeting the same night, said they saw Arnam and several others going down to the Sherman Club, and I know they wasn't at the Flower Club meeting, which convened the same night. Q. Did you have a talk with Hartis ? < A. I did not. Q. ¥ou know him? A. I do. Q. What club did he belong to ? A. He was at one time a member of the Flower Club, but went likewise as the others did. Q. On election day did you have a conversation with him? A. I did not. Q. Did you the day before ? A. Never had any conversation with the man any more than to speak to him, as I met him in the street, and record his name at one time on the book of the Flower Club. Q. Did you see any of the members of the Sherman Club go up into the house of Alsdorf on election day? A. I didn't see them go into it; I saw them come out of it. 4 26 Q. Who did you see come out of it? A. I know particularly I saw a man named James DuBois coming out in the afternoon, and I saw Lemmon Felham come out in the afternoon. Q. They were members of the Sherman Club ? A. They were. Q. "What time did you see them come out of Alsdorf's house? A. It was after 2 o'clock; I don't remember what the hour was. Q. That was the Alsdorf house to which Matthews referred in his testimony? A. George H. Alsdorf, the caterer, 261 Washington street. Q. Did you see anybody coming out of Dalson's house? A. I did not; heard of their coming out; I didn't go out of the house after election, Q. You have mentioned two of having seen come out of Alsdorf 's house; do you recall any others? A. No; I don't know as I do, as I paid very little attention to it; my attention was attracted by seeing them come out, as I was passing to and fro. That is all. By Mr. HiESCHBERa : Q. This Flower Club, is it a colored club ? A. It is; it is the African- American Flower Club, known as the name of the Flower Club. Q. Roswell P. Flower Club ? A. Yes, sir. Q. When was it organized ? A. Some time in September. Q. How large a membership had it? A. Had a very numerous membership at one time, but hadn't at the day of election. Q. How many had it at its highest tide ? A. Forty-two . Q. There were other members of it who still remained faithful on the day of election besides yourself? A. There were. Q. How many ? A. I don't know exactly how many, because I didn't count them. Q. From rumor? A. I don't know. Q. From what somebody told you, whose name you don't remember ? A. I don't know. Q. About how many ? A. I haven't the slightest idea to give an account of about how many, because I wasn't at the club-room at the time of the election any more than to go in as I came from my work ; the club room was 280 Washington. Q. Whose house was that ? A. I don't know. Q. Was the room hired by the club ? A. It was. Q. You don't know whose house it is ? A. All I know the room was hired, and I was told it was the place for the Flower Club to meet. Q. How many met there? A. Different times; I don't know exactly. 27 Q. How many do jou know? A. Sometimes a dozen, sometimes half a dozen, sometime^ less. Q. Different persons ? A. The same persons met there different times, of course. Q. Do you know how many wheels they run on ? A. They didn't run on any wheels, they run on their merits. Q. These two names are the only ones you can name that left the club, Arnum and someone else, Hartis ? A. There wete other members. Q. Can you name them? A. Glid Youmans, Theodore Bedine, Emmet Miller, Isaiah Shevan and a number of others. Q. These are all that you can name ? A. That is all I can remember just now to name them. Q. Who was the president of the Flower Club ? A. Eugene Youmans. Q. Was he one that left ? A. No, sir. Q. Who was the treasurer ? A. Didn't have any treasurer. Q. What other officers did they have ? A. President, vice-president, secretary. Q. Have any furniture ? A. No, "sir. Q. Or any funds ? A. No, sir. Q. Have anything but the name? A. Had the name; that is all, I believe. ' By Chairman Eoesch: Q. Did you have an executive committee 1 A. We did not. ■ Q. Did you visit the state committeeman before election ? A. No, sir. JQ. Democrat or Eepublican ? A. Neither one. Q. What ticket did you vote at the last election ? A. I voted the ticket of the club I belonged; Flower. ■ Q. Did any of tbe men that came out of this house speak to you as they came out ? A. No, sir; they didn't speak to me; I wasn't in it. Q. Tou think you are in it now ? A. I don't know what I think. ' \ William A. Bboadhbad, being duly sworn, testified as follows : By Mr. Gardner: Q. Tou live in Newburgh ? A. Yes, sir. Q. At the last election were you a member of the Sherman Club? A. Yes, sir. Q. Did you receive a share of the donation? A. I did; yes, sir. . Q. How much ? A. Four dollars and fifty cents. ^. Where did you receive it ? A. To Mr. Dalson's house. Q. What street ? A. Washington street. Q. At what time did you receive it ? A. About half-past 3. Q. After or before you voted ? A. After. Q. Was anybody present in the room when it was paid to you ? A. No, sir; nobody but myself. Q. What ticket did you vote ? A. I voted the Democratic ticket; I supposed it to be one. Q Are you sure about that ? A. I couldn't positively swear to it. Q. What makes you think it was a Democratic ticket ? A. It was given to me for that way. Q. Who gave it to you ? A. Mr. Dalson. Q. Was he handing out tickets for the Democrats that day ? A. I couldn't say, not knowing; he was giving out tickets. Q. You took the ticket from the man that gave you the money ? A- Yes, sir. Q. How do you know it was a Democratic ticket ? A. I couldn't tell you, not knowing. A. Wasn't it a Eepublican ticket that you voted? A. It might have been Bepublican or Democrat for all I know. Q. You stated to me day before yesterday it was a Eepublican ticket, didn't you? A. I presume I did. Q. You made an affidavit to that effect, didn't you ? A. I presume I did. Q. Why did you do it if it had been a Democrat ticket you voted ? A. I couldn't say, not knowing. . Q. You were sure then it was a Bepublican ticket, weren't you ? A. Boss, I wouldn't say for sure it was a Bepublican or Democrat. Q. Can you read ? A. I can not. Q. Did Dalson tell you it was Bepublicain? A. No; he didn't tell me either one. ' Q. Did anybody else see the ticket ? A. No, sir. Q. Then you don't know which ticket it was ? A. No, sir. Q. You know what Dalson is ? A. I know he is a colored man. Q. What are his politics ? A. I couldn't tell you that, not knowing. Q. What did you get the four dollars and fifty cents for ? A. I supposed for voting the ticket what he handed me. Q. Dalson was a member of the Sherman Club ? A. I think he was; he told me he was. Q. Didn't he tell you that money came from the Sherman Club ? A. He said that he had the handling of the money, and he was dis- tributing it around among the boys. Q. Distributing what ? A. The money. Q. What money ? A. The money what he had, I suppose, whoever gave it to him. 29 Q. Who gave it to him ? A. He told me that Mr. Odell gave it to him. By Mr. Hiesohbeeg; Q. When did you vote ; what time? A. It was about half-past 11. Q. In the morning? A. Yes; in the forenoon. Q. Where was the voting places; how near Dalson's house? A. Some distance away. Q. Quite a distance away ? A. Yes, sir. Q. You don't know anything about what the ticket was ? A- No; I do not. , By Chairman Eobsoh: Q. Had you heard that any of your friends, or had been told by any of your friends, members of the Sherman Club, that they received five dollars and forty-five cents? A. No; I did not. Q. Did you see anybody before you voted ? A. Yes, sir. Q. In regard to the money that you were to get ? A- Yes, sir. Q. Who did you see ? A. I see Mr. Mathews, and he told me to go up to Mr, what you call it's and get it. Q. The gentleman who, was on the stand here to-night ? A. Yes, sir. Q. He told you to go where ? A. To Mr. Dalson,'s house, and get my money. Q. Did he tell you how much you were to get ? A. No, sir. Q. This was before you voted ? A. After I voted. Q. Did you speak to anyone before you voted ? -A. No, sir; only Mr. Dalson. Q. You spoke to no one in regard to money before you voted ? A. No, sir. Q. You got this after you had voted ? At Yes sir. Q. Were you a member of the Sherman Club ? A. Yes, sir. Q. Were you on the executive committee ? A. I don't understand. By Mr. HiRSOHBERGf -Q. You didn't know anything about there being any money until after you had voted ? A. No, sir. Q. When did you make this affidavit that Mr. Gardner speaks about? A. Tuesday. Q. Were you paid anything for them ? A. No, sir. Q. Were you paid anything for coming here ? A. No, sir. 30 By Chairman Boesch: . Q. What do you work at V A. Confectioner; making ice cream. Q. Did you work at your business on election day? A. I did; yes, sir. Q. You weren't a worker around the polls ? A. No, sir. Q. Didn't do any work for the Sherman Club ? A.. No, sir. Q. Didn't do any work on election day except that which you do for your living ? A. Yes, sir. Q. "Went there and voted ? A. Yes, sir. Q. And that is all you did ? A. Yes, sir; I went there, of course, and got my money. By Mr. Gakdneb: Q. Has anybody been talking to you since last Tuesday, telling you to say you voted for a Democrat ? A. No, sir; nobody at all, whatever. Q. What did you mean when you said you voted for a Democrat; do you mean to take that back ? Chairman Koesch. — I think the committee need not go into that any further. Lewis Mabvin, being duly sworn, testified as follows: By Mr. Gaedneb: Q. Where do you reside? A. Newburgh. Q. Were you a member of the Sherman Club at the last fall elec- tion ? A. Yes, sir. Q. Were you occasionally present . at its meeting ? A. Not all the time. Q. Were you once in awhile ? A. Once in awhile; very seldom. Q. Were you present at one meeting when Mr. Odell was there? A. I was there one time when he was there. -Q. When he addressed the meeting ? A. Yes, sir. Q. Will you state what Mr. Odell said to the meeting ? A. I don't know exactly what he said, but he talked he would like to have this club going on ; keep it up, and he would probably help the boys keep it up; as near as I could find out what he said, that is to buy coal, I suppose. Q. Did he say how much he would give the club to help it along? A. He did not to me. Q. Did he to the club ? A. I did not hear. Q. He did not mention the amount ? A. No. sir. Q. Did you vote on election day ? A. I did. Q. Did you vote the Republican ticket? A. I did. 31 Q. "Who handed you your ticket? ,A. I got them inside where they hand the tickets out; the polling place. Q. Did you afterwards see Mr. Alsdorf ? A. No, sir. Q. Mr. Dalson ? A. I saw Mr. Dalson. Q. At what time ? A. , About 4 or 5 o'clock. Q. Where did you see liim ? A. In his house. ' Q. Did he pay you any money ? A. He did. , Q. How much? A. Four dollars or five dollars and something. Q. Don't just remember the amount? A. I don't remember the amount of money; four dollars and something. Q. What did he pay you that much for? A. I suppose he paid me that because I voted. Q. Was anything said by him during the day as to how you should vote? A. No, sir. Q. Did you understand that the money which you received was part of your share of the donation ? A. Yes; supposed it was to be. Q. As a member of that club ? A. As a member of that club. By Mr. HiBSOHBEEa: Q. When did you hear about the money? A. Oh, I don't know when I heard about it. Q. Was it after you voted? A. Yes; after I voted I heard about it; I didn't hear about it before. Q. You hadn't heard about any money before you voted? A. No, sir. Q. You didn't vote then because they paid you money ? A. I didn't hear nothing about it. Q. You always vote the Republican ticket ? A. Yes. Q. You voted the same way as you have always done ? A. Yes, sir. • Q. Did you understand this money had been donated to the club ? A. Yes, sir. Q. That is all there is of it ? A. That is all that I kiiow of. Q. ' What time did you vote ? A. Must have been about 9 o'clock or half-past 9. Q. Early in the day ? A. Yes, sir. Q. Vote alone ? A. Yes, sir. Q. Go to the polls alone ? A. Yes. Q. Pick out your tickets? A. One in the poll-box, as you call it; I pasted them all. Q. You can't read or write ? A. I can read; I can't write any. By Chairman Eoesch: Q. When did you join the Sherman Club ? A. I can't tell exactly when it first commenced. 32 Q. How long before election? A. Two years ago. Q. Were you ever a member of the Flower Club ? A. No, sir. Q. How much did you get, did you say ? A. Four something or other; four dollars and some cents; I can't remember how much. Q. Were there different classes of members in that club ? A. No; not that I know of. Q. Did you know that some of the members got five dollars ? A. May be some of the members got more than others. Q. Do you know why some got more than others? A. No; I couldn't say why they got more than others; the head leaders got the most, likely. Q. What is your business ? A. Jobbing around; working. , Q. Were you working election day ? A. I was wftrking on the ice to-day. Q. Were you working on election day? A. No, sir. Q. Were you a worker around the polls ? A. No, sir. Q. Didn't do anything for the Sherman Club except to go there and vote? A. No, sir; that is all I done. ' By Mr. Gaednek: > Q. Has there been any meeting since the election, of the club ? A. I believe there has; I don't know; I haven't attended any of them; they have had meetings. Q. You did attend meetings before election as a member of that club ? A. I did, but not very often. By Mr. Hirsohbeeg: Q. The club has had a good many meetings ? A. Yes; meets all through the year. John J. Hasbrotjck, being duly sworn, testified as follows: By Mr. Gabdnee : Q. You just got here? A. Just got here this minute; I was going off to the lake and a gentleman just happened to catch me. Q. Who was it ? A. Couple of gentlemen here with me. Q. You live in the city of Newburgh ? A. I have lived in the city of Newburgh a little over twenty years. Q. Were you a member of the Sherman Club ? A. No, sir. Q. Did you ever attend any of the meetings of the Sherman Club ? A. I went in there, Q. When? A. I went in last fall when the Sherman Club met there. 33 Q. Was that before election? A. Yes, sir; election commenced. Q. Was it before election ? A. No, sir. Q. Do you just recollect when it was; before or after ? A. It wasn't before or after; it was just as the election was. Q. On election day? A. It wasn't exactly on election day; I was there the day before election. Q. Were there quite a few members present at the time ? A. Tes. sir; quite a good many. Q. Was Mr. Odell there ? A. Yes, sir. Q. Did Mr. Odell address the meeting? A. He addressed the meeting; yes, sir. Q. What did he say? A. Well, he formed the meeting; as far as I can realize, he formed the meeting; he says, when the meeting is, " Boys, I will see you;" that is all I know. Q. When did ^ he say he would see them ? A. He didn't exactly say, sir. Q. Didn't mention any time 1 A. He didn't mention no time. Q. Did he say anything about giving them a donation ? A. He didn't say to the minute at that time; he says, when the boys got there he says, we will have a good time after the election; come to me into the ofSce; that was into the club-room. Q. After election ? A. Yes, sir. Q. Did he say anything to the meeting about calling on Mr. Dalson and Alsdorf ? A. I can't remember that; if he ever did. Q. Did Mr. Odell ask, at that time, the Democrats to go out of the room ? A. They got Mr. — what is his name. — got up and says, "If there is any Democrats in this room, order them right out of this room." Q. Who said that ? A. If you give me a little time to give you a little information, I will give it to you; if you don't I can't give it to you. Q, You have all the time you want? A. I think Mr. Matthews spoke up and says, "If there is any i)emocrats in let them go over into the other room;" and I think they all went out there; anything that was Democrats in this room let them go out in the room, I guess, I can't say now but I think there was about ten or twelve went out and he says that is right, as far as I can say. Q. Did any of them go back after they went out? A. They went in a back room and went in and came in. Q. Did some go back and join the club ? A. Hold on and let me tell you; I don't want no man to ask me a question until I give it to him right, what I am going to say; I didn't come up to Newburgh to 5 ^4 make a slur on this company; I am going to tell you right off plain just what 1 know and what I don't know I ain't going to tell you; I come here purpose for that business; I was in the staWe this after- noon, a couple of certain gentlemen came in here and we missed the train and betwixed you all gentlemen here and I didn't want to come here because I had a trot on hand; I am going to give you my deci- sion what I had on hand; I had a trot at Orange lake and my boss was mad because I was going away and these two gentlemen came and says, "Try and catch this train;" we walked down to the train and says, " You can't catch this train until 6 o'clock;" see what lam giving you right off. Q. Did some of them go back in the club, the Democrats that went out that night? A. Yes; quite a good many; don't you forget what I am telling you; I didn't come up from Newburgh for nothing. Q. Who were they that went back ? A. I can mention some but I ain't gcing to mention. Q. Mention some of their names ? A. I didn't come up here purpose. Q. Who were those Democrats that went back that night in the club ? Mr. O'Neil. — How is that material ? Mr. GrARDNEE. — I will show it material. Q. Who went back, can you name them ? A. One of the Youmans went back on the Democratic party; all the Youmans' were always Democrats. Q. Was he one of them^ that went back ? A. He went back from the party; never voted anything else but the full Eepublican ticket; you ain't got no skip to talk with. By Chairman Eoesch: Q. You will have to try and answer us and make as few words about it as possible because we haven't got very much time. A. I under- stand that. Q. Answer Mr. Grardner's question. A. Certainly; that is all right. By Mr. Gardner: Q. Did Mr. Odell, at that meeting that night, say this, or this in substance: "I am going to New York to see the rest of the boys, how the rest of the boys get along?" A. He said he had been to New York and seen the rest of these boys — all the boys were all right. Q. Did he say also after election: "I want you all to meet down here, and if you don't then go to the house of William H. Dalson and George Alsdorf and Lew Pelham and the whole party would receive about five dollars apiece ? A. Yes, sir. Mr. Countryman. — Is that a fair way ? 35 Chairman Eoesoh. — The committee -will allow it with this witness. The Witness. — Call me way from Newburgh for this little action between you Albany fellows — by God, I will give it to you. Q. Did you vote that day ? A. I voted that day. Q. Did you see Dalson ? A. I seen Dalson . Q. Did you get any money from him ? A. Yes. Q. How much ? A. I got three dollars from him, if you want to know. Q. What did jq>n get the three dollars for? A. He says that is what the boys was getting there, and the rest was getting five and six; and he said, come right into my house, and give me that money, and says that Alsdorf had paid him; he had paid a little more, and he was out of money; he was out of pocket. Q. That was the reason he couldn't give you over three dollars ? A. He couldn't give me what he offered to give me. Q. What did he ofEer to give you? A. The right fee was five dollars; I am going to tell you right straight. Q. Do you know any of the members of that Sherman Club that received any money for voting ? A. X^s. Q. Can you mention their names.? A.. lean mention their names . Q. Mention them. A. There was — Mr. HiBSCHBBEG. — Is he telling this of his own knowledge ? Mr. Gabdnek. — Tes; that is the form of the question. By Chairman Eoesoh: Q. Mr. Gardner asks you whether you know yourself that anybody got money for voting. A. I do; I know a number. Q. You know it yourself ? A. I do. Q. You must not tell us what you heard somebody else said ? A. I ain't telling you. Q. Tell us? A. I didn't come here purpose to tell you myself; I \^ouldn't come hereto-night only a party came here; I would have went somewhere else, but a party came here. Q. Tell us who received money besides yourself, so far as you know ? A. I can tell a number. Q. Name them ? A. I can mention a number. Dy Mr. Gakdnee: Q. Did you know a man named Major ClifE Bodine ? A. Yes. Q. Did he receive money ? A.^ He did receive money. Q. And you know it? A. I know it; yes, sir. Q. James DuBois ? A. Yes, sir. Q. How much did Bodine get ? A. The price was five dollars. 86 Q. How much did he get ? A. He got five dollars. Q. How do you know? A. As far as I heard them telling among the rest Q. You heard him say so ? A. I did. Q. James DuBois, do you know how much he got ? A. He got five dollars. Q. Henry Eeed ? A. He got five dollars. Q. How do you know ? A. He told it there — my good God, I live right there. "> Q. "William Johnson ? A. He got five dollars. Q. How do you know ? A. I live right there. Q. Did he say anything to you about it? A. No; they went and made their ply about it, about what they got. Q. Boasting about what they got? A. Yes; went to Alsdorf; he give six dollars. Q. Thomas Schoonmaker ? A. He got five dollars. Q. Samuel Thompson ? A. He got five dollars. Q. Ellas Mahosen ? A. He got five dollars. Q. Abe Miller ? A. He got five dollars. Q. Samuel Sailor ? A. He got five dollars. Q. Eobert Schoonmaker ? A. Got five dollars. Q. Thomas Coon ? A. Got five dollars. Q. Al. TenBook? A. He is dead; he got five dollars. Q. George Brush? A. He got five dollars. Q. Amos Murray? A. He got five dollars, because he told me with his own mouth. Q. George Murray? A. He got five dollars. Q. Charles Murray ? A. He got five dollars. Q. John DuBois ? A. He got five dollars. Q. Leonard DuBois ? A. He got five dollars. Q. George Marvin ? A. George Marvin got five dollars. Q. Lew Marvin? A. Got five dollars, because he told me. Q. William Marvin? A. I can't tell you. Q. Charles Banks ? A. I can't tell you that. Q. Noah Carter ? A. He got five dollars. Q. Were there anybody else besides those I have mentioned? A. No, sir; I can't tell you; what I can't tell you, I can't tell you. Q. Were they all members of the Sherman Club ?' A. They were all members of the Sherman Club. By Mr. Hieschberg: Q. You weren't there when they were paid the money, that is, the different men you have mentioned ? A. I was close by the house. 37 Q. Were you in the house when they were paid ? A. I wasn't in the house; I was outside of the house. Q. Tou weren't in the house at all when they were paid ? A. I see these fellows walking back. Q. Is it what they said to you that makes you say they got the money? A. They did get the money, because they came out and showed it, and went and drinked it, and asked me. Q. It was what they showed you and what they told you ? A. Yes, sir. Q. You didn't see it ? A. I didn't see what money they got. Q. You didn't see it paid to them? A. No; I didn't see it paid to them. Q. Did you see money paid to anybody on election day besides yourself? A. No, sir; and I didn't get no money paid; my wife was setting there, and the gentleman came right there to my house, and I ain't afraid. ., Q. How long was that after you voted ? A. Three days after I voted. Q. What are your politics ? A. My politics, and I never voted any- thing else but a straight Republican ticket. Eugene Yodmans, being duly sworn, testified as follows: By Mr. Gaednek: Q. Where do you live ? A. Newburgh. Q. You have lived there some years ? A. Yes, sir. Q. Last fall were you the president of the Mower Club ? A. Yes, sir. Q. How many members were in the Flower Club ? A. Had forty- seven at onei time. Q. Did you know any of the members of the Sherman Club. A. Yes; a few of them; I guess about the most of them. Q. Been intimate with them for years? A. More or less; yes, sir. Q. Did you have any conversation with any of the members of th&t club ? A. Yes, sir; occasionally. Q. When ? A. Most every day. Q. With reference to their manner ol voting after or before elec- tion ? A. After and before both. Q. Win you name one particular member with whom you had con- versation ? A. Charles Frederick Simpnds. Q. Was he a member of the Sherman Club? A. Yes, sir. Q. What, if anything, did he say to you on the subject ? Mr. HiBSOHBEEG. — That is the same objection as before;. I don't suppose it is worth while multiplying objections. The Witness. — He was talking, and he asked me to have a drink, and we went to have a drink and he told me; said what the boys, had got. S8 Q. What did he say? A. He said they got five dollars and forty five cents. Q. Did he say he got that? A. That he got that; and I told him I didn't believe him, and he bet me a drink that he could produce another man that got the same, and we was to leave it to the two of them, and finally he brought Theodore Bodine up and said he got the same. Q. Anybody else ? A. Charlie Watkins said he got it; I guess that is all. Q. He was a member of the Sherman Club ? A. Yes, sir. Q. Did they tell you who they got it from ? A. Yes, they did; Simonds says he got his from Dalson, and Bodine says he got his from Alsdorf. By Mr. Hibschberg: Q. You didn't see anybody paid any money ? A. No, sir; I wasn't looking for it. Q. You don't know anything of your own knowledge except what they told you? A. Just what they showed me and told me; that is all; that is all he asked me and what I answered. By Mr. Gabdnee: Q. Did the members of the Flower Club decrease just before elec- tion? .A. They did, the night before election. Q. How many ? A. We had forty-seven and they left us with twenty-five. Q. Left you with twenty-five on election day? A. Yes, sir. John Eaiser, being duly sworn, testified as follows: By Mr. Gabdnee: Q. You live in Newburgh ? A. I do. Q. Were you a worker at the Democratic polls, in the second dis- trict of the third ward, last fall ? A. First district of the third ward. Q. Who did the Eej)ublicans have there working ? A. McBirnie and Rydel. Q. Did you have a conversation with Rydel that day ? A. I did. Q. What was Rydel's politics, what did he pretend to be? A. Mugwump, I guess. Q. What was he formerly, a Democrat? A. Yes. Q. Pretended to be one always, didn't he 1 A. Voted for Cleveland once, he said. Q. On that day who was he working for? A. He was working for — 39 Q. (Interrupting.) For senator ? A. I suppose lie was what you call anti-Brown; he was against Lamont; he was a candidate for delegate to the county convention. Q. I am not talking about that — on the election day who was he working for ? A. Against Lamont and for Eichardson. Q. Did he have conversation with you that day on this subject ? A. He did. Q. What did he say? [Same objection.] A. Said he had enough money to defeat my God damned man, Lamont. Q. Where was he when he said that ? A. He was in my carriage when he said that, in front of the Lawson hose -house. Q. Was this man, McBirnie, soliciting votes that day within 150 feet of the polls ? A, He was. Q. Describe where he stood with reference to the polls, and what he did? A. The Columbia House and the Lawson hose adjoin each other on Montgomery street; the two buildings, I think, are about twenty-five feet front; Lawson hose is on the corner and the Columbia the next house to it; the dead line, as we may have called it, extended up the street, Montgomery, past First or Second street; McBirnie would work around the corner of the Lawson hose on Second street there. Q. Were there voters that day who went in this Lawson hose with him ? A. There was. Q. During all times of the day ? A. Yes, sir. Q. Didn't they come out ? A. They did. Q. And go and vote at the polls ? A. They did. Q. Which was twenty-five feet from that place ? A. Yes; next door. Q. Did you protest against it ? A. I did. Q. As being against the law ? A. I did. Q. What did he say ? A. The reply he made to me was he knew his own business and I might attend to mine. Q. He still continued to do so ? A. He did. Q. Did you know any of the voters he took in that small room ? A. There was no small room there it was a general room. Q. Large room then ? A. I know them by sight but I can't name them. Q. Did you know anything about a Eyan club in Newburgh last fall? A. I did. Q. Of how many members did that Club consist ? A. On the night I was there, on the twenty-seventh of October, there was eighteen of them. 40 Q. Where did they meet on that evening ? A. They met at Thomas F. Eyans or what we call Bob Eyans, corner of V and Carpenter avenue. Q. Were you present at the meeting ? A. I was. Q. Who acted as chairmaip at that meeting? A. He keeps a saloon there in Washington street. Q. One Maher ? A. Billy Maher. Q. Did you hear any remarks made that night by Maher as chair- man of the meeting ? A. I did. Q. What did he state ? Mr. HjESCHBJERa. — Same objection. Chairman Eoesoh. — ^Note the objection. The Witness. — He said the meeting was called for the purpose of organizing an independent club; the object of the club was that they had been voting for some time and never received any pay and now they desired to vote for the party that paid the most money. Q. Wa^ there a committee appointed ? Q. There was. Q. A committee of three ? A. Tes. Q. T6 wait upon whom? A. To wait upon both parties, to wait on Foley and to wait on Doyle or Tygert. Q. Were you there at a Subsequent meeting ? A. I was. Q. When the committee made a report ? A. They did. Q. What was the report? A. The report was kind of uniform. Q. State just as it was ? A. I don't know whether I can state that or not, but it was very uniform. Q. Was the report in writing ? A. I am unable to say. Q. Give us what the report was? A. The report was that the Democrats were no good and the Eepublicans fairly good. Q. Did they support the Eepublican ticket? A. So far as I am able to judge or know, they did; I talked with the president of the club, and he told me they got ten dollars from the Eepublicans, that is all I know; Foley and Maher told me they got ten dollars, and that was all they did get; neither one was any good. By Mr. Hiesohberg: Q. Did you belong to the club ? A. I did not. Q. You went there to belong to it? A. No, sir; I went there for another purpose. Q. What was your purpose in going ? A. Tom Eyan that drives for Howard & Child invited me up there to make a speech and organize the meeting; said the people they had there didn't know enough to organize the meeting; I went up there, and before I was willing to 41 organize, I wanted to see what they were going to do, and I got up there and found it was a boodle club; I declined to have anything to do with it. Q. On that account ? A. Yes. ■ Q. That is so ? A. That is so. Q. You surprise me ? A. It doesn't surprise me. Q. You went there afterward to attend the meeting? A. Yes; to hear the report. Q. When you knew it was a boodle club ? A. Certainly. Q. Did they have any meeting you didn't attend ? A. I don't know. Q. You don't know of any they had that you didn't attend ? A. I don't know anything about that; they may have had a dozen for all I know. / Q. You don't know of any meeting they had except when you were present ? A. Of course, I couldn't know. Q. How manj^ times did you go ? A. Twice. Q. That is all the meetings you know of? A. That is all the meet- ings I attended to; yes. Q. Who were you working for on election day ? A. Democrats. Q. Under whose employment ? A. No one. Q. Under whose pay ? A. No one. ' Q. Where were you working ? A. Down where I live; first district of the third ward. Q. Whereabouts with reference to the polling place ? A. On Mont- gomery street. Q. Where is that ? A. Between Third — I had charge of the car- riage in the first district of the third ward. ' Q. Your carriage was up within 150 of the polls ? A. It was. Q. A good part of the time ? A. All day. Q. And you worked there ? A. I did not. Q. Where did you work ? A. I stood at my limit; I stood part of the time on the north side of Third street; I walked from the north side of Third street to the south side of Second street and up to the limit. Q. You walked from the north side of Third street to the corner of Second ? A. ^South side of Second street beyond the corne;r. Q. You walked right by the polling place ? A. Yes. Q. All during the whole day ? A. I did. Q. Then you were a good deal closer than 150 feet? A. I did; I had a right to; I didn't talk to anybody. Q. Kept your mouth shut while you were there; weren't you talking to this man near the polls ? A. No, sir; not about politics. 6 42 Q. About where they were working? A. I spoke to McBirnie about running people into that house. Q. You talked to him about working within 150 feet of the polls ? A. Tes; I was standing right in front of him. Q. Some distance from the polls he was ? A. Yes. Q. This place he ran people into was a public engine-house? A. Yes. Q. One of the public buildings of the city ? A. Certainly. Q. It was next door to the other engine-house where the polls were held 1 A. It was. Q. How far was it from the door of the engine-house where the polls were maintained that day to the corner of the street? A. I neyer have measured; Lawson hose is on the corner, Columbia House is next door. Q. How far from the door entering the polling place to the corner of the street? A. I should think thirty or thirty-five feet. Q. Do you know anything about it or are you guessing ? A. From what I observed. Q. May be seventy-five feet for all you know? A. No; it isn't seventy-five feet. Q. How far is it down the street where they went to when they were down Second street ? A. That I couldn't tell you. Q. How far down the street did they go? A. I don't know. Q. You saw them ? A. I saw McBirnie on the corner . Q. You saw him down below the corner ? A. I did. Q. How far below the corner ? A. I can't tell you exactly; I sup- pose fifty or seventy-five feet; they might have went down 100 feet for all I know; I saw him at the corner. Q. You were at the corner too ? A. Yes. Q. Weren't- you trying to get all the votes you could ? A. Not at that time. Q. Didn't speak to anybody ? A. Not within 150 feet. Q. You were a regular worker there that day? A. I had the carriage. Q. You were a regular worker for the Democratic party? A. Yes; I was a regular worker in that district. Q. You have spoken to this man, who was a Democratic worker, against Lamont; don't you know a good many of the leading Demo- crats of Ne wburgh were opposed to Mr. ? A. I know I was ; I don't know what the balance of them was. Q. You were opposed to Lamont? A. Yes, sir; I was. 43 Q. 1 didn't know you included yourself among the leading Demo- crats ? A. I don't include myself. Q. I mean men of character and respectability and everything of that kind; don't you know a good many of them were opposed to Mr. Lament ? A. It is pretty hard to get a character for respect- ability in that city of Newburgh. Mr. Gabdnee. — This is certainly incompetent. Q. Don't you know there was a very large and respectable element of the Democrat party that was opposed to Mr. Lamont's candidacy ? A. No, sir; I do not. Q. Weren't there two factions there of the Democrats ? A. I don't know whether there was or not; I know where I belong, and where I don't belong. Q. Tou belong to the Brown party ? A. I do. Q. There was another party in opposition to them ? A. I didn't see anything of them that day. Mr. Gardnee.— : This has nothing to do with the case. Q. Tou knew of the fact < and heard of it ? A. I can't say that 1 really knew of it; no. • Chairman Roesch. — What is the object of that ? Mr. HiRSOHBBEG. — There was an insinuation that there must have been some corrupt motives that induced a man that was a Democrat to stay there that day and work for Richardson instead of Lamont; I want to show there was some friction in the Democratic party and some were opposed to his candidacy, and without any corrupt motives they did conscientiously work for the other candidate. Mr., Gardner. — That we deny; that is a statement without any basis for it. Q. You say that isn't so ? A. I had heard of such things. Q. And that it split many other things upon this question of Mr. Lamont's candidacy ? A. I have got to answer it from what you heard; I found Mr. McLane on Water street asking men to vote for Lamont prior to the convention. Q. Was he a leading Democrat ? A. He is Q. Chairman of the Democrat club ? A. I presume he is president of it; I don't know. Q. He is now? A. Heard he is; I don't know. Q. There were others that you knew of besides Mr. McLane ? A. Yes; there were some Democrats opposed to him. Q. Mr. McCrosky ? A. I am unable to say about that; I had no conversation with him. Q. You had heard it ? A. I can't say whether I did or not. 44 By Mr. Dimmick: Q. Mr. McLane was in favor of Judge Green's nomination for Senator? A. Yes. Q. When he was opposing Mr. Lament's nomination he was advo- cating Judge Green ? A. Yes; and so was I. Q. What you meant opposing Mr. Lamont was in the nomination before the election? A. Yes; not in the election. John Warwick, beiiig duly sworn, testified as follows: By Mr. Gaednee: Q. Where dd you reside ? A. Newburgh. Q. Eesided there some years ? A. Born there and brought up. Q. Are you familiar with the seventh district of the first ward of the city of Newburgh ? A. Yes, sir. Q. And with the politics of that section of the city generally ? A. Yes, sir. Q. Have been for years ? A. Have been for years. Q. A worker in the Democratic party ? A. Sometimes, and some- times in the other. • Q. At the last election were you present at the polls in the seventh district of the first ward ? A. Yes, sir. Q. Did you see there one Fred Herman ? A. Yes, sir. Q. Fred Herman, was he a Republican worker at the polls ? A. Yes, sir. Q. Been acquainted with him for some years ? A, Been intimate with him for the last twenty years. Q. Are you acquainted with the character of all voters in that dis- trict? A. I am, most of them. Q. At that time, did any of the voters come to you on election day, ] asking you whether you had anything for them to vote ? A. I wasn't interested last election; I went up in the morning about 9 o'clock. Q. State what you saw there that day ? A. I looked down, a little building, down about 150 or 175 feet from the polls; Mr. Herman was there and I counted thirty-seven or thirty-nine, and it was always this crowd we had always had to pay, and I looked them over and finally went down, walked down to a wagon that stood a little this side of the building, and Mr. Herman came up to me and says, "Jack, what a picnic I would have if it was only the way lye used to vote, I could take them right up to the boxes; " I says, "I don't doubt it, Fred, there is nobody here against you;" I says, " How is it, have you got them all ? " He says, " Yes, I have got them all except four or five; you know who they are, Williams> 45 you know what they want;" I knew they always wanted a little extra price; we talked a little while and I finally walked up the road, and somebody came up and says, " Jack, ain't you going to give any- thing?" I says, "Tou know the law, I ain't giving anything;'' he says, "I will have to go over and see Fred;" he went over and saw Fred and went up in the office and came back with his hands in his pocket. Q. In this little shanty^ A. Tes. Q. How many did ypu count ? A. Thirty-seven or thirty-nine, either one or the other. Q. Was there more than that that went there with Herman? A. That was all that was there at the time I was there. Q. Many of those that you have described as having gone to Her- man and then doWn to the building were ones that had this conversa- tion with you ? A, People that always had tp be paid to vote. Q. Did some of them have this conversation with you that day ? A. Yes, asked me; I said no; they knew the law; I wasn't in it. Q. What ki»d of a building was this ? A. Little bit of a building they had at a scales. Q. How far from the polling place ? A. I don't think it was 150 feet from the polls ; I don't think it can be 150 feet. Q. Do you know when that Sherman Club was organized in New- burgh ? A. I think it was last summer some time. Q. Was it organized in the spring of 1891 ? A. I think it was about that time. Q. But not earlier ? A. Not iearlier; I know it wasn't organized a year ago this November. , By. Mr. Hirsohbebg: Q. How do you know it? A. Because I was interested; you know it. Q. How do you know it wasn't organized ? A. Because I know it wasn't; Mr. Odell and I went up the night before, a year ago, and it wasn't organized then, Q. How do you know it wasn't organized ? A. Because there was no organization and we had to get them in a room and get them together. Q. Tou and Odell ? A. Tes. Q. Were you engaged in buying votes then ? A. No, sir; I never bought any votes. Q. Tou have paid money for votes ? A. No, sir. Q. Never did pay any money for votes ? A. No, sir. Q. Never paid anybody any money for voting a ticket ? A. No, sir. 46 Q. Did you see any money paid that day ? A. No, sir. Q. To anybody? A. No, sir. Q. Not a dollar ? A. Not a dollar. Q. When you said to Mr. Herman you wasn't in it then, you didn't mean to say you had quit buying votes ? A. I never bought any. Q. Or giving money for that purpose ? A. Mr. O'Dell always fur- nished the money. Q. To you? A. No, sir; you know he had the handling of the money. Q. I only know what you say about it? A. You know more than I do about it. Q. I never saw anybody put out a dollar in my life; do you say I did; that you ever heard of it ? A. I never said you got any. Q. Ever hear of my having anything to do with it anyway ? A. All I know, you were interested in organizing this. Q. Who told you ? " A. What I have seen you do myself, going around. Q. Where ? A. Out through the county with him. Q. Wli^'i ' ■^- When you ran for district attorney. Q. Where did you see me go with him ? A. I saw you come back; Ben told me you and him was out; I saw you two coming in. Q. I want you to confine yourself to the truth ? A. This is the truth. Q. No; it isn't; you never saw anything of the kind because nothing of the kind ever occurred ? A. I have seen Ben and you getting out of the wagon. Q. If you have heard of me giving a dollar to him or any other man, I want you to mention it ? A. Ben ain't one who tells who gives him money. Q. What did you mean by saying you had worked for both sides? A. When I first entered politics the first seven years, I voted the straight Democratic ticket. Q. Did you work for that party ? A. Yes. Q. Handle the money ? A. Only my own money. Q. When you worked for the Republican party did you handle money ? A. Only my own. Q. What did you mean by saying you wasn't in it then, because you knew the law ? A. I wasn't going to get myself into trouble. Q. Have you told him all you know about what took place that day in the way of money ? A. I guess all of it. Q. What did you mean by saying there were thirty-seven or thirty- nine; where did you count them? A. They were standing right at that little df&ce where Fred was, all around in a row. 47 Q. You saw 80 manjr persons standing there in a row ? A. Tes, sir. Q. Out on the sidewalk? A. No; down on private property. Q. Openly? A. Yes. Q. In the sight of the community ? A. Yes. Q. You simply saw them standing there ? A. They would first go in and Fred would give them the nod and they would finally go in and see him and they would come up and vote and go back again. Q. That is all you know about that ? A. Yes, sir. Abbam Guchess, being duly sworn, testified as follows: By Mr. Gaednee: Q. You live in Newburgh ? A. Yes, sir. Q. You have heard the witness describe what is known as the Ryan Club? A, Yes. Q. Were you a member of that club ? A. I was supposed to be. Q. Were you present at its first meeting ? A. Present at its first meeting. Q, What was the object of that club? A. It was to- be an independent Democratic club. Q. At one of the meetings of the club was a committee appointed to wait upon Mr. O'Dell ? A. There was. Q. To see what support the club would get ? A. Yes, sir. Q. Mr. O'Dell is the Republican State committeeman in that dis- trict? A. Yes, sir. Q. Was there a committee of three appointed ? A. I don't know how many there was in the committee. Q. The meeting adjourned that night ? A. It did. Q. And met to hear the report of the committee a subsequent evening? K. Yes. Q. Were you present at that meeting ? A. I was not. Q. Were you at any subsequent meeting of the club present? A. I was not after the first one. ■' Q. Do you know what, if anything, what the report of the commit- tee was ? A. Only what I heard. Q. Who did you hear it from ? A. I heard it from the different members . Q. Mention the members? A. It was several. Q. Who were they? A. McCloy; he was supposed to be the secretary and Billy Maher, the president, two or three McCloy boys. Q. What did they say to you ? A They couldn't get any answer from none of them; they voted as they were a mind to afterwards. Q. What ticket did that club support ? A. I think the majority of them voted the Republican ticket; they disbanded. 48 By Mr. Hiesohberg: Q. It was an independent Democratic club? A. Considered they was. Q. What do you mean by that — " organized to strike ?" A. Organ- ized to get wealth. Q. They didn't succeed in getting wealth and disbanded ? A. Tes. Q. And then voted from principle ? A. Voted the Kepublican ticket; there isn't much principle in that. Q. How do you know they vot^d the Republican ticket? A. I know pretty near. Q. How do you know ? A. I know the man that was peddling the boodle around. ' Q. Did you vote ? A. No, sir; not the Eepublican ticket. Q. Did you vote at all ? A. I did. Q. Did you vote without pay ? A. I did, sure. Q. How did that happen ? A. Because I wasn't looking for any thing. Q. You were when you joined that club ? A. No, sir. Q. Wasn't that your object ? A. No, sir. Q. Did you leave the club because you saw that was the reason ? A. No, sir. Q. Wasn't on account of their looking for wealth ? A. It wasn't my leaving for that. Q. What did you leave for ? A- I didn't join it for that. Q. Did you join it at all? A. I don't know as I did; I went up to see the meeting. Q. What induced you to do that.? A. Make a little business for me. Q. Did you see any of the members vote ? A. I did. Q. Did yoii see any of them paid anything ? A.I did not. Q. See anybody pay them a cent ? A. No, sir. Q. What is your business ? A. I keep a place for a widow woman. Q. How long have you been doing that ? A. Three or four years. Q. Ever been in jail 1 A. Certainly. Q. Good many times ? A. Other good men have been in jail. Q. Been in the penitentiary 1 A. Yes; been here in Albany. Q. Been in state prison ? A, No, sir. Q. Been in the county jail ? A. Several times. Q. How many times in the penitentiary ? A. Only once. Q. How many times in the county jail? A. About thirty-six. By Chairman Eoesoh : Q. What were you in the penitentiary for ? A. For grand larceny. 49 By Mr. Hibsohbebg: Q. You were in the county jail for grand larceny ? A. No. Q. Receiving Btolen goods ? A. No. ' Q What were you in jail for 1 A. For taking people's like you, part. By Mr. Gardner: Q. Who passed the boodle around ? Chairman Boesce. — Did you see anybody use money around ? A. I did. Q. To the club? A. Yes, sir. Q. Who was it? A. George Tygert. Q. Who did you see him hand the money to ? A. I saw him hand it — ^I have different names here in my pocket; Will Wiley. By Chairman Boesoh: Q. How much did he give him 1 A. He gave him enough to pay him for his vote. | Q. How much ? A. Twenty shillings. Q. Did you see it yourself ? A. I saw it paid to him. ' Q. Did you see the money? A^ No; I didn't see the money. Q. How do you know it was paid to him ? A. I know it from the man himself. Q. ' All you 'know is what he told you ? A. Yes. Q. Are you telling us the truth now, what he told you 1 A. Yes, sir. Q. Did you see Tygert handle any money ? A. No, sir. Mr. HiRSOHBERO. — I will present him for indictment to the district attorney of this county if he undertakes to swear to any such lie as that, that he saw Mr. Tygert pay any money. Mr. Tygert is our county clerk. The Witness. — This man Wiley received money to get this man to vote. Q. You know that only because Wiley told you that? A. Wiley is a particular friend of mine and he wouldn't tell a lie not in regard to that. Q. You have no other reason for saying that you saw any money used, or that there was any used, except as you were told by Wiley or others ? A. That is all I have said. By Mr. Gardner : Q. What did Wiley tell you ? Chairman Eobsoh. — fie says Wiley told him he got twenty shillings. 7 50 Mr. Countryman. — I understand the committee has stated they don't want to have any hearsay from this witness. Q. Did he say anybody had given him any money to hand to any of the members of this club ? A. I don't say that; only from wordss from Wiley; he said he received money to pay these votes. Q. Received how much, did he say ? A. He didn't say what the amount was he got himself; it was two dollars and fifty cents he paid' for a vote. Q. Did he say who he got it from ? A. Did not. By Chairman Roesoh: Q. Did you get any money for your vote ? A. No, sir. Q. You were looking for it ? A. No, sir. Q. You joined this club, to increase your wealth, didn't you? A. I joined this club to make a little business over the bar that I tended. Q. Where did you tend bar? A. Two hundred and forty-two Broadway. Q. In what way were you doing business over your bar by joining this club ? A. Through the politicians coming around and buying a . drink. , By Mr. Gaedneb: Q. Is it right opposite this place ? A. The corner below; 200 feet or 300 feet. By Mr. Hieschbbeg: Q. Wiley didn't even tell you who gave him the money ? A. He didn't -that day. Q. Who is Wiley ? A. He didn't do anything at that time. Q. He is a particular friend of yours ? A. Yes; he is a boiler-maker when he does work. Q. How long si ace is it since he worked? A. He has networked in two or three weeks. Q. Has he ever been in jail ? A. Not that I know of. Chairman Eoesoh. — Is that all for to-night 1 Mr. Gaedner. — We have several witnesses here; we don't want to press the committee. There is a superintendent of the poor-house there; he says he must get home in the morning, and it won't take long with him. Chairman Roesoh. — We are situated in this way for all of next week; and by that we mean Tuesday, Wednesday and Thursday evenings our time will be taken up by the Troy case, and possibly a little of the Donaldson case by way of submission. If we have a session 51 to-morrow night we would have to adjourn then for the following week all the entire week. It has been suggested to me by some gen- tleman, I can't recoUecb by whom just now, it might perhaps facilitate the taking of testimony in this case if we were to hold an extended session in or somewhere around Newburgh, I don't know where. If we did that, I would be in favor of going there and sitting, if you please, Friday afternoon or evening and all of Saturday and again Monday morning, because the work of the session, the further we get advanced the more it will take up our time, and I am anxious to do all I can to at least take the testimony in all these cases, so that we may have a session to-morrow evening if you choose. Mr. HiBSCHBEEO.— It would be very inconvenient for me. Chairman Koesoh. — If not, it would be better to adjourn to-night. Go on with this witness first. William A. Pbesler, being duly sworn, testified as follows: By Mr. Gardner: Q. You are the superintendent of the alms-house in the city of Newburgh, situated in the seventh district of the first ward? A. Yes, sir. , Q. The ward which has been described by Mr. Warwick? A. Yes, sir. ' Q. There are a considerable number of inmates in your house, and were on election day last? A. Yes, sir. Q. During the registration days did you go down and have a talk or conference with the board of inspectors ? A. I asked them if they intended to let the men vote there that were going there to register, and they said they would; their home was there; I told them I didn't think anyone could either gain or lose a residence by being an inmate of the alms-house; they said they didn't think it made any difference; they might as well vote there as anywhere else. Q. You brought their attention to that fact and they expressed an opinion they could vote and register ? A. Yes. Q. About how many in the alms-house registered and voted there? A. That I could not say. Q. About how many ? Chairman Eoesch. — When you come down now to throw out just so many votes it is pretty hard to guess, because you might giiess just enough to reverse the majority. Mr. Gardner. — If he has not an opinion I will not press it. Chairman Eoesch. — Can not you prove it by the poll-list ? 52 Mr. Gaednee. — Certainly. We waive the question if he doesn't know. By Mr. Hiesohbeeg: Q. You didn't see a man vote from there ? A. No, sir. Q. Who did you talk to at the polling place ? A. To the inspectors. Q. Do you know the names ? A. I do not; Dixon, I know him. Q. Prank Dixon ? A. Yes, sir. Q. You are a Democrat? A. Yes, sir. Q. And been an office-holder in the county for a number of years? A. Yes. Q. Under sheriff at one time ? A; Yes, sir. Q. Supervisor? A. Yes, sir. Q. What were the politics of those inspectors you talked to? A. That is something I can't tell you. Chairman Eoesoh. — Any more witnesses to-night, if you have any for to-night? Mr. DiMMiCK. — We have enough to take two or three hours yet. Chairman Eoesoh. — I don't want to make another pleasure trip to Newburgh. I don't want to go there for any jaunt or sight-seeing; if we go there we want to do business, and we want to have counsel on both sides to do us the favor to get their cases on their respective sides in such shape that they will go right on with work all day and all night if necessary, and end up the cases. Mr. Hiesohbeeg. — We will be prepared so far as we can. They ought to be prepared to go through with their case. MJr. DiMMioK. — If you could give us 'a couple of hours to-morrow night we could complete these witnesses. Mr. HiHSOHBEKG. — We could examine these witnesses down there. Chairman Eoesoh. — The members of the committee think I have been running this with pretty good speed. We usually adjourn on Friday at about noon. Mr. Gabdnee. — I have a matter to bring up before you. We sub- pcEnaed the telegraph operator at Middletown, to produce an original telegraph, and important document in this case and he is here with- out the telegram under instructions from the superintendent not to produce the same, and we want the committee to give some instruc- tions in regard to that without going to the trouble of applying. This is a question that come up, a very important one. Mr. HiRSCHBEEG.— You don't expect us to help you in that ? Mr. Gardneb. — We expect the committee can. Chairman Eoesoh. — The whole question was gone into when I was 53 in the house, and it was held unanimously by the house, the com- mittee had no power. Mr. Countrymen.— The committee held that they had power and Liebolt was brought up by habeas corpus. Mr. Gaedner. — We might make formal application. Chairman Roesoh. — You might put the mfin on the stand and bring it up formally and have it in shape to report to the senate if necessary. The committee as at present minded, evidently thinks we have no power in the premises, and the senate wouldn't have the power if we reported that condition of aflfairs; This committee then stands adjourued to meet in the city of Newburgh, on the fifth of February, at 7 o'clock in the evening, the place of meeting to be arranged later. Newbukgh, Friday, February 5, 1892 — 7 p. m. The committee met pursuant to adjournment. Present. — Chairman Eoesch and Senator Endres. Chairman Roesoh. — The^ committee is ready to proceed in the con- tested election case of Lament against Richardson. Mr. HiRSCHBERG. — Will Mr. Raiser be here this evening ? Mr. G-ARDNER. — I couldn't say. Mr. HiRSCHBERG. — I would like to recall him for further cross- examination if he is. , Mr. Gardner. — If he comes here you can recall him before we close our case anyway. Frank B. Dickson, being duly sworn, testified as follows: By Mr. Gardner: Q. Were you an inspector in the seventh district of the first ward at the last fall election ? A. Yes, sir. Q. Did yon know whether one Bastian acted as an inspector on registration day ? A. Yes, sir. Q. Was Bastian an inspector? A. He was sworn in as an inspector. Q. At what time ? A. I think the evening before. Q. Was he elected an inspector ? A. No, sir; he was appointed in the absence of one. Q. You were an inspector ? A. I was; yes, sir. Q. Did you help count the votes that night ? A. I did. Q. Will you describe the system or method which was adopted by the board of inspectors in counting the ballots in that district ? A. Well, they first took them out of the box and counted them without S4 Opening them to tally with the poll-list, see if they did, then each one opened what he could, and each handled their own ballots. Q. Put the splits by themselves and the straights by themselves ? A. Yes, sir. Q. And divided them into three piles ? A. Each inspector had a pile. Q. You counted your pile ? A. Yes, sir. Q. Each inspector you presume counted theirs ? A. I suppose so. Q. After you counted your pile did you announce the result to the board ? A. Yes, sir. Q. Did the others do likewise ? A. Yes, sir. Q. Did you count over the piles that the others had counted ? A. I did not. » Q. Did the others count your piles ? A, No, sir. Q. Are you able to state whether they counted their piles correctly or not ? A. I couldn't say. Q. Did you observe in that district at the polls that day one James Scott ? A. Yes, sir. Q. Did he pretend to be blind ? A. Yes, sir; not blind but unable to see. Q. Did he want anybody to go in with him ? A. Yes, sir. Q. Who? A. I think it was Fred Herman. Q. Wanted him to go in the booth with him, did he ? A. Yes, sir. Q. Did Herman go in with him ? > A. I think he did if he was the man, and I think he was. Q. Was Fred Herman a Republican worker at the polls? A. I presume so. Q. Is he the one to whom the witness Warwick referred in his testi- mony at Albany ? A. I presume the same one. Q. He is the only Fred Herman you knew of ? A. The only Fred Herman that lives in the district that I know of. Q. What was the reported majority of Kichardson in that district ? A. I think one hundred and twenty- three or four; I won't be positive about that; I don't know; might have been 122. Q. During the day would voters go into the booth and any of the Republican inspectors pretend that their ballots were not properly folded when they came out and advised them to go out and get pasters from Herman; did you see any transaction there of that kind that day? A. No; they did not tell them they were not properly folded. Q. What did they do in that regard? A. If the tickets were not properly folded either one of us would tell them to go back and fold them right. 55 Q. Did any of the inspectors advise them to see Fred Herman and get pasters? A. I don't think they did, except when they came out and said they spoiled their ticket; I think once someone, I have for- gotten who, came out and said he had spoiled his tickets and returned them and said he would have to have another set of pasters, and they told him to go to Fred Herman and get them. Q. You are acquainted with that district pretty well ? A. Yes. , Q. You know of the inmates of the alms-house in that district ? A. Yes. Q. Did any of the men vote there that day ? A. Yes, sir. Q. About how many ? Mr. HiESCHBEEG. — That is objected to. The commitfee ruled at Albany when it came to a question of a specific number of votes they must have something better than the recollection of the witness. The poll-list show the names. Mr. Gardner. — At Albany we had a man who wasn't an inspector. Mr. HiESCHBEBO. — The poll-list is on file. Chairman Boesch. — It does not seem to the chair to alter the case; the fact is, that there is evidence on file to which we all have access which will disclose the exact number of voters who were inmates of the alms-house. Mr. Gardner. — We can prove it in another way; this was the most direct way to save time. Q. Did the Republican watchers at the poll that day to your know- ledge, handle any votes when they were being counted ? A. Yes, sir. Q. Who ? A. Jacob Hermon. Q. Is that a brother of Fred Hermon ? A. I think so. Mr. Gardner. — That is all at present. By Mr. Hirsohbeeg: Q. You didn't verify the counting of the other tickets by the other inspectors yourself ? A. Count them after them ? Q. Yes ? A. No, sir; I did not. Q. You certified the result, did you not ? A. Yes, sir. Q. And certified it to be correct ? A. Yes, sir. Q. Had you any doubt at the time that it was correct ? A. No, sir. Q. Have you any doubt now ? A. No, sir. By Mr. Gardner: Q. You assumed their count was correct ? A. Yes, sir. Q. That is all the knowledge you have of it ? A. I didn't count the tickets. 56 Q. You are not able to swear whether that certificate was correct or not, are you ? A. In one way, yes, and in another way, not. Chairman Eoesoh. — He swears as far iis he was concerned it was correct; as far as the others are concerned, he didn't verify their count, but he has no reason now to doubt the correctness of it, nor did he then doubt it. Q. They may not have counted them rightfully and you not know it ? A. I don't think they could; each one separate could; I couldn't tell how many Mr. Hallan had or how many Tygert had. Q. You are not able to swear whether the count was correct or not ? A. I could swear I thought it was. Q. When you certified that Richardson's majority was 124 in that district, your certificate was based upon the assumption that the other inspectors did their duty only, isn't it ? A. Yes, sir. By Mr. Hiesohbeeg: Q. Were you a Democratic inspector ? A. I was. Q. You are familiar with the district ? A. Yes, sir. Q. Have been for a great many years ? A. Since 1850, 1 think. Q. Did the results differ materially from the usual results in that district ? A. It was larger this time. Q. The general majority? A. Yes, sir. Q. How much larger? A. I couldn't say for that; it has increased every election since it was made a district. Q. Was the increase more than the normal increase ? A. I couldn't tell you; I haven't looked to see. Q. You can't say to the contrary ? A. No. Mr. Garbnbr. — The district attorney's own objection would hold in this case. Mr. HiRSCHBEEG.— I am asking simply to show there was not such an abnormal chd,nge in the result that would indicate there had been a false counting. We claim it was no more than the regular natural majority. By Chairman Eoesoh: Q. Who carried the district ? A. Richardson. By. Mr. Hirschberq: Q. A strong Republican district ? A. Yes, sir. Q. How much was the majority for Passett in the district ? A. One hundred and twenty -five, I think. Q. Mr. Richardson about the same? A. One or two less, very little difference; Passett had the largest of any. 57 By Mr. Gaedneb: Q. Isn't it a fact there is a large class of voters in that district that are purchasable and always have been ? Mr. HiRSCHBEEG. — That I object to. Chairman Roe&ch. — I don't think that kind of testimony would be admissible or competent at all to effect any one or more than one voter particularly; he might testify there had been at each election a large purchasable vote. Mr. Gabdner. — It was only with reference to the fact that he wished to draw it out from the witness it had always been a Repub- lican majority to that extent, that it does not add to that case if we show the Republican majorities in the past had been secured by the same system of corruption that was practiced at this election. Chairman Roesoh. — The committee couldn't go into that; this investigation might never end. Mr. Gardner. — We wish simply to get before this committee what the true state of facts are in the district at this last election. Chairman Roesoh. — Go on. By Mr. Gardner: Q. When you put in the pUe these straight tickets, did you look for pasters or names that were scratched ? A. On the ones that I had; yes. Q. In the split ticket pile rather; when you found no splits or pasters you assumed that that was a straight ticket, didn't you ? A. The ones that I had I knew were. Q. Did you look at every name ? . A. Every name on the ticket; I had very few tickets anyway. By Mr. Taylor: Q. Tou have said in answer to a question by Judge Hirschberg that this district has always given a large Republican majority; bow long has the district existed in its present shape ? A. Three elections, I think. By Mr. Hirschberg: Q. There were new districts formed under the reform ballot act? A. I only meant this district. Q. Tou knew the old districts as well as you did the new ones ? A. Yes, sir. By Mr. Taylor: Q. This seventh district has only existed for three elections ? A. Since the new ballot law came out; it was formed then. 8 58 By Chairman Eoesoh: Q. Do I understand you to mean the territory was the same but the district changed numerically? A. No; this was a portion of the old second district, they made seven districts in place of two. By Mr. Tatloe: Q. It is about one-third of the old second district ? A. Not over, that may be in territory but the population is about one-third. Michael Dotle, being duly sworn, testified as follows: By Mr. Gakdneb: Q Are you the mayor of this city ? A. Yes, sir. Q. In what election district do you vote ? A. Fourth ward, in the first district. Q. You were called by somebody to go up to the second ward at the last election, were you not, at election district No. 2, the election district where John Williams votes? A. Do you mean the Tuttle district? Q. Yes, sir. A. I was asked to send an officer up there. Q. Who asked you to send an officer up there ? A. I forget. Q. What district is that ? A. That is the fifth district of the first ward. Q. Did you go up there yourself ? A. No, sir. Q. Did you send an officer there ? A. I think I sent the marshal there. Q. For what purpose ? A. There were reports flying around that there was illegal voting going on there. Q. Electioneering within the poll limits? A. I can't say as to that. Q. You sent him there ? A. I instructed him to go there, to send an officer. * Q. You were not there yourself ? A. No, sir. By Mr. Hirsohberq: Q. You don't know anything about what happened up there ? A. No, sir. By Mr. Gardner: Q. You were not there yourself that day at all ? A. No, sir. Henry Quinn, feeing duly sworn, testified as follows: By Mr. Gardner: Q. Are you a resident of this city ? A. Yes, sir. Q. In what ward do you vote ? A. First ward. 59 Q. Fifth district? A. Yes, sir. Q. Did you observe the counting of ballots in that district on election last fall ? A. Yes, sir. Q. Did you see one Taylor help count the ballots for the inspector McChristen ? A. No, sir. Q. Did you observe the condition of McChristen that day whether ,he -was drunk or sober ? A. I couldn't tell whether he was drunk or sober or not. Q. How long were you around the polls that day? A. I was around about twenty minutes. Q. Did you ever have any conversation with anybody in relation to the way that election was conducted in that district last fall ? Mr. HiBscHBEEG. — I object to that. A. Yes, I have heard people say. Chairman Eoesch. — ■ The committee has no desire to tie either side down in this investigation by the strict rules of evidence applicable in courts of justice, at the same time the committee does not wish to have every bit of gossip dragged into the case as testimony of evi- dence. If there was such a condition of affairs as counsel seeks to establish, according to the judgment of the chairman by the last question put it seems to the chair it would be possible to get wit- nesses to testify directly to the occurrences charged. , Mr. Gabdnee. — This witness has already talked about the matter. Q. Did you ever have any conversation with Mr. Dimmick on the subject of MoChristen's condition that day ? A. I have. Q. What did you tell Mr. Dimmick ? Mr. HiBSOHBERG. — We object to that. ; Chairman' Roesch. — Ask him what his condition was? A. It is nothing more or less I heard he had been drinking some. By Chairman Eoesch: Q. Did you see him on election day? A. I did. Q. See him often ? A. I oily saw him once. Q. In the morning or in the afternoon ? A. In the afternoon, after 4 o'clock. Q. After the close of the polls? A. No, sir; before.. Q. At what time do the polls close ? A. Sunset. Q. What time was that reckoned to be here on election day ? A. I couldn't say. Q. It was before the polls closed that you saw him ? A. Yes, sir. Q. 'Can you say whether he was sober or not when you saw him ? A. I couldn't say, because I didn't see him long enough to say whether he was sober or not. 60 Q. Will you say that he was sober? A. No; I will not. Q. Will you say that he wasn't sober ? A. No; I couldn't say that either. Q. Do you mean to tell me that you saw him and yet you can't testify as to whether he was drunk or sober ? A. I saw him in the polls but didn't have no conversation with him at all, no more than I went in and he shook hands with me. By Mr. Gabdnek: Q. Didn't you have a conversation with Mr. Dimmick, in which you told Mr. Dimmick that he was drunk "? Mr. HiBsoHBEEG. — That I object to as entirely immaterial. Mr. Gabdneb. — It is entirely immaterial. Mr. HiBSCHBEBG. — What does it prove if he did say so ? Chairman Eoesoh. — Suppose it be true that man was drunk on that occasion when the witness saw him, what do you want to prove by that? Mr. Gaednee. — We want to follow it up by showing that he was so drunk that he was incapable of performing his duty properly, so that this committee can not properly give the credit to his official acts which the law would demand of you to give, that is, that his condi- tion was such that it deprived him of the credit to which his official acts would otherwise be entitled, and, furthermore, that his condition was such that he was obliged to call in to his assistance an entire out- sider to assist in the counting of the ballots. Chairman Boesoh. — If that is the case you can produce the people who were called in to assist him. If his condition was such it was notorious and public to those around him, and others, then this witness must have seen and known of his condition. But you can't try to prove that this witness told counsel for the contestant one story one day which to-night he does not bear out, unless you could show he has been seen by others. Mr. Gabdneb. — I was going to suggest to' the committee, in answer to the remarks of the counsel, that they are not responsible for our surprise, I will say we are not, provided the other side had left our witnesses alone, that I want to find out, not that counsel has had any- thing to do with it; I don't impute that. Mr. HiBSCHBEBG. — I think I can safely say to the other side, from what we have seen of his witnesses so far, we will be very glad to leave them alone. Q. I would like to ask the witness the question whether he didn't tell Mr. Dimmick this man was in an intoxicated condition ? Chairman Roesoh.— The committee sustains the objection. 61 By fJhairman Eobsoh: Q. Have you been spoken to by anybody in regard to the testimony that you would give here to-night ? A. I have not. Q. Have you been approached by any one ? A. I have not. Q. Have you been told or cautioned as to your testimony ? A. No, sir. Chairman Roesoh. — That is all. By Mr. Hiksohbeeg: Q. What is the name of the party of whom Mr. Gardner has inquired of you ? A. McChristen. Q. Who is he? A. He is an oilcloth printer. Q. What was his business on election day ? A. He was inspector in the fifth district of the first ward. Q. Do you know whether he was a Democrat or Bepublican inspector ? A. Yes, sir. / Q. Which ? A. He was a Democrat. Charles F. June, being duly sworn, testified as follows: By Mr. Gardner: Q. You reside and are a voter in this city ? A. Yes, sir. Q. Were you up at the fifth district of the first ward at the last election ? A. I was. Q. Did you see there the inspector, McChristen ? A. Yes, sir. Q. About what time of day was it you were the^e ? A. Between 3 and 4 o'clock. ' Q. How long were you there? A. From twenty to twenty-five 'minutes. Q. You are a Democrat ? A. Supposed to be. Q. Father-in-law of Mr. Taylor! A. Yes, sir. Q. State what was the condition of McChristen that day that you saw him; was ^e sober or drunk? A. I should consider him drunk; that is; too drunk to attend to business. Q. Do you know anything about one Taylor assisted in the counting of ballots; weren't you there ? A. I wasn't there. By Mr. Hibschberg : ■ Q. What was McChristen doing when you saw him ? A. He came out from behind the ballot box to talk with me. Q. What had he been doing before that. A. I don't know. Q. How long was he there ? A. Probably five or ten minutes. Q. Talking to you ? A. Not all the time. 62 Q. Where did he go then ? A. He went back to his position, after I told him to; I told him I didn't want him to come out to see me ; I wanted him to stay where he belonged, and I would talk to him and ask him what questions I wanted to. ' Q. Did you go there to talk to him and ask him questions ? A. I did. Q. He came out' in response to your invitation? A. I suppose he did. Q. Then you told him to go on back and attend to his business ? A. Yes. Q. You think he was too drunk to do it ? A. Yes. Q. Did he go back? A. .Yes. Q. Do you know how he attended to it afterwards ? A. No, sir. Q. Or how he attended to it before ? A. No, sir. By Mr. Gardner: Q. Were you near the polls in the second ward, first district, that day where Mr. John Williams votes and works ? A. In the hook and ladder house. Q. Did you see any electioneering going on about the polls there that day ? A. About the polls outside. Q. How far from the polls ? A. In front of the door. Q. Who did you see there? A. I saw Mr. Withers, Mr. Hiram Odell, and two other gentlemen I dida't know by name. Q. Those gentlemen you speak' of Bepublican workers ? A. I sup- pose so. Q. Don't you know the fact that Odell and Withers were Eepubli- cans? A. Yes, sir. ^ Q. It is a well known fact, isn't it ? A. It is supposed to be so. Q. They pretend to be Bepublican, don't they ? A. They profess to be Republicans, very active workers. Q. Did you see them soliciting votes or talking with voters in or about the hose-house you mention ? A. I saw them talking with people outside and in front of the hose-house; directly in front on the sidewalk. Q. Did you see them after talking going in and vote and come out ? A. I did not. Q. Were you present when Mr. Odell was ordered to go away from there by Mr. Williams ? A. I was on the opposite side of the street then. Q. When he was ordered to leave the polls and to go somewhere else if he wanted to electioneer? A. I didn't hear that word used; I 63 aeard the police officer say you must go away outside of the line; outside of the limits. Q. You heard the police officer address his remarks to him? A. To the whole party that stood there, some five or six together. Q. Odell and Withers there among them ? A. Yes, sir. By Mr. Hikbchbeeg: Q. Williams there with them ? A. Williams was between them and me standing with one foot in the gutter and the other on the sidewalk. Q. How many feet was he from the polls ? A. He was directly in front of the engine-house; I couldn't say he was electioneering. Q. I didn't ask you that; was he twenty feet from the polls? A. No, sir. Q. Wasn't that many; he was a Democratic worker there that day 1 A. I don't know; I didn't see him do any working. Q. You don't know who the Dempcratic workers were? A. No, sir. Q. What did Mr. Odell and Mr. Withers say to thes^ people? A. That I couldn't say; I wasn't near enough by to hear. Q. You don't know what the conversation was about? A. No. Q. When you were up to the fifth district in the first ward talking to McChristen, did anybody come in and vote ? A. There were two people in the boxes at the time; one of them came out to deposit his ballot; McChristen then stood talking to me inside the rail, and I with my hand on the railing. Q. In his sight ? A. Certainly. Q. One man did vote while this conversation was going on ? A. I couldn't say that he did. Q. You couldn't say anybody voted during that time ? A. No, sir. Q. While you were there ? A. While I was there the vote was offered; there was nobody there to accept it. Charles Watkins, being duly sworn, testified as follows: By Mr. Gaedneb: Q. Do you live in this city ?? A. Yes, sir. Q. Did you vote at the last fall election here ? A. Yes, sir. Q. In what ward? A. First ward, seventh district. Q. Were you at that time a member of the Sherman Club ? ^„ Yes, sir. Q. How much money did you get for voting ? A. I didn't get any. Q. Did you get part of the donation of $600 ? A. No, sir. Q. Did anybody promise it to you? A. No, sir; not at all. Q. Did you see Mr. Alsdorf on the day of election ? A. No, sir. 6i Q. Who gave you the ticket that you voted ? A. I got the ticket at the club-room the night before election. Q. Who gave it to you ? A. It was laying on the table and I picked them up and took them home with me; they had a lot d»ne up. Q. Who do you work for ? A. For Mr. Perkins. Q. Did you see Dawson on the day of election ? A. I see him after the polls closed. Q. Where did you see him ? A. Down in Washington street. Q. Have any conversation with him ? A. No, sir; not at all. Q. Did he give you anything? A. No, sir; he did not. Q. Did he give you anything the next day ? A. No, sir. Q. The club got a donation of $600; didn't they ? A. I couldn't tell you that. Q. You understood they did; didn't you? A. Not fairly; no, sir; I have heard some say so but I didn't take their mouth on the prayer book. Q. Did you work around the polls that day ? A. A very short time. Q. Did you get anything for that? A. I did not; if I did I got it for myself. Q. How much did you get ? A. What I had with me before I commenced to work. Q. How much did you have with you ? A. That day about fifty cents or so. Q. Did you get any before election? A. No, sir; not afterwards, any more than I worked for. Mr. HiKSCHBEEG. — That is all. By Chairman Roesoh: Q. You were not a member of the Roswell P. Flower Club ? A. No, sir; had nothing to do with it. Gottlieb C. F. Deeseroth, being duly sworn, testified as follows: By Mr. Gardner : Q. Were you a voter in the fifth district of the first ward last fall election? A. Yes, sir. Q. Were you about the polls on that day ? A. Some. Q. Did you observe the condition in which the inspector, McChristen, was on that day ? A. Yes. Q. Was he sober or drunk ? A. I saw him when I thought he was sober and I saw him when I thought he wasn't. Q. What time in the day was it that he was drunk ? A. That was in the latter part of the afternoon. 65 ' Q. And at the close of the polls ? A. I thought he was pretty full then. Q. Did you see anybody assist him in counting ballots that night ? A. Tes, sir. Q. Who ? A. Mr. James Taylor. Q. Was Mr. Taylor an inspector ? A. No, sir. Q. Was he a Eepublican worker at the polls ? A. He was a Repub- lican worker or watcher, whatever you may call it. Q. The room where the election was held or where the inspector sat, did it open into a room leading back in which people promiscu- ously went ? A. Tes. Q. Did they have entrance in the place where the inspectors were ? A. Yes, sir; during the time the polls were open. Q. Also at the time they were counting ? A. Tes, sir. Q. Did you observe any electioneering within the poll limits that day? A. I did. Q. By whom? A. Mr. Odell. Q. What Odell? A. B. B. Odell, Jr. Q. What did you observe him doing ? A. He would meet parties and have a little conversation with them and accompany them back to the polls. Q. Was he doing that more or less all day ? A. I seen him several times. Q. Was it a distance 'within 150 feet of the voting place ? A. Tes, sir. Q. Did you observe one George Eourke, being there that day? A. Tes, sir. Q. What was he, a Republican worker? A. I suppose so. Q. What did you observe him doing ? A. He would meet parties a distance from the polls and have a conversation with them and go ' away with them and come back again and come nearly to the line. Q. To the place of voting ? A. To the place of voting. By Chairman Roesch: Q. Was there a so-called dead line established? A. The police that were around there said the dead line was at the comer next to the poll. Q. The police fixed the 150 feet distance from the polls ? A. Prom the corner east of the polls was supposed tq be the dead line. By. Mr. Gardseb: Q. He was within this line that you are referring to? A. Rourke? Q. Tes. A. No; he came near to it; he would stand on the oppo- site corner on the other side of the stf ee^, 9 ' 66 Q. After Bourke would see the voters, as you have explained, would he and Odell meet? A. I did not see them meet. Q. Or would the voter and Odell meet? A. Rourke would talk to the voters and then they would go across the street toward the polls, and Odell would meet them half ways, and sometimes he would go ahea(^ of him and sometimes they would go alone, but he would go to the polls whenever they went in there. By Chairman Roesch: Q. Would he hand them any ballots ? A. On the way? no; Rourke generally did that. Q. Did he do that outside or inside of the 150 feet ? A. He did thai outside; I didn't see them give him any tickets inside the line. By Mr. Hieschbebg: Q. How many times did you see Odell there that day? A. Perhaps a dozen times or more. ' Q. Who did he speak to ? A. I couldn't say. Q. What did he say to them ? A. I don't know. Q. Tou can't tell a word he said ? A. No. Q. What did Rourke say to them ? A. I didn't go near enough to him to hear what he said, but I could see they were talking together. Q. You didn't know what they said ? A. No. Q. Can you name the persons he spoke to ? A. I know some of them, but I couldn't now repeat the names. Q. About this man being drunk ; you say people had access in this room when the vote was counted ? A. Yes, sir. Q. What persons were in when the vote was being counted ? A. In when the vote was being counted? Q. Who was in there when the vote was being counted t A. There were several in there. Q. You can't name their names ? A. No; I know the workers were in there. Q. Was Mr. Taylor one of the regularly appointed watchers ? A He was one of the watchers. Fred Herman, being duly sworn, testified as follows : By Mr. Gardner: Q. You are a voter in the seventh district of the first ward ? A. Yes, sir. Q. Were you about the polls in that district on the last election ? A. Yes, sir. Q. You were assisting the Republicans ? A. Yes, sir. 67 Q. And Mr. Richardson ? A. Assisting the whole ticket. Q. Tou were in and about the polls ? A. Yes, sir, Q. Where the voters voted more or less all day ? A. Yes. Q. You had conversation with a considerable number of voters • that day ? A. Quite a few; yes. Q. On the subject of their voting ? A. I asked them how they wanted to vote; yes. Q. You handed them ballots ? A. Handed them pasters. Q. They would ask you how to vote, some of them? A. No; tell me they wanted to vote a Republican ticket. Q. There was none that day that asked you how you wanted them to vote, was there ? A. No, sir. Q. There was a little building or shanty a short distance from the voting, place? A. Yes, sir. Q. In which you were considerably during that day? A. Yes, sir. Q. Was there anybody occupying that shanty? A. It was occu- pied as an office part of the time. Q. By whom? A. By Mr. McDoel the butcher. Q. Was Mr. McDoel there that day ? A. Off and on all day. Q. Is it a regular meat market ? A. No, sir. Q. What sort of an office is it he has there ? A. Has a little stove in there, and keeps a good deal of stuff in there, and goes and sits down by the fire when he wants to. Q. What sort of stuff does he keep in there ? A. Truck. Q. Didn't you have a conversation with a considerable number of voters in that shanty that day? A. Yes; that is' where I showed them how to fold their tickets, and put the pasters on. Q, You didn't put any Democrat pasters on ? A. No; I aint one of that kind. Q. Did you see Mr. .Odell on election day ? A. I saw him in the morning. Q. Where was he? A. Up in the seventh district. » Q. Have any conversation with him on the subject of procuring voters that day ? A. No, sir. Q. What did he talk about? A. Wanted to know how it was going. , ' Q. What did you tell him ? A. Told him I guessed it was going all right. Q. Did you have a conversation with Warwick that day ? A. Short one. Q. You know Warwick very well ? A. Yes. 68 Q. Did you say anything to him about the number of voters that you were securing for the Bepublicg.ns ? A. I did not. Q. Did you tell him that you had th^m all fixed except five or six ? A. No, sir. - Q. That in substance ? A. No, sir. Q. Did you give a voter that day any money ? A. No, sir; I did not. vQ. Did you direct them where to go to get any money ? A. No, sir. Q. Did you have any votes or money in your hands that day ? A. I had a few dollars. Q. About how many ? A. I couldn't say. Q. Will you swear it was less than one hundred dollars ? A. Yes, sir. Q. Less than fifty ? A. I don't know exactly what it was. Q. Can you state from whom you got the money ? Mr. HiKsoHBERG. — I think it is entirely imma1;erial as long as the witness swears he used no money or paid no money. Chairmaii Robsch. — If it is, it won't do you any harm. Mr. HiBSCHBERG. — ^No, but it won't do any good. Suppose he says he got the money from Mr. Lamont, what possible significance could it have ? Chairman Eoesch. — I would say Mr. Lamont used very poor judgment. Mr. HiRSCHBERG. — Wouldu't you say the same thing if he got it from Mr. Eichardson and didn't spend any of it ? Chairman Eohsoh. — I would. Qr From whom did you get the money which you had on that day ? A. Got it from the committee. Q. "What committee ? A. The State committeeman, i Q. Mr. Odell? A. Yes. Q. Did he hand it to you that morning ? A. 'No, sir. - Q. When did he hand it to you ? A. Day before election. Q. How much did he hand to you the day before election ? A. I do not know. By Chairman Roesoh: Q. You didn't count it ? A. No, sir. Q. Weren't .particular about how much it was ? A. No. By Mr. Gardner: Q. He handed it to you the day before election ? A. Yes, sir. Q. Where ? A. Down town. Q. Whereabouts down town ? A. In-his office. 69 Q. In his oflSce on Water street ? A. Tes, sir. Q. Wiiat time of day ? A. I couldn't say what time of day it was. Q. Night-time? A. I think not; I ain't certain. Q. Who was present when he handed it to you ? A. Nobody. Q. Was it in his store ? A. ^es, sir. Q. Did you see him count the money ? A. No, sir; I did not. Q. You didn't count it? A. No, sir. Q. Didn't he tell how much it was? A. No, sir. Q. You didn't hare interest enough to count it yourself ? A. No, sir; I didn't know what I had. Q. Didn't care, did you ? A. No. Q. Did you use any of^that money up there that day ? A- To pay the running expenses of the district I did. Q. What running expenses ? A. Carriage hire and man on the car- riage and watchers. Q. Will you swear that that is all that you used? A. Yes, sir; I will swear that is all the money I used. By Chairman Roesch: Q. How much did they charge for carriages on that day ? A. Six dollars. By Mr. Gardner : Q. How many carriages did you have ? A. One. Q. How many watchers did you have ? A. Two. Q. How much did they charge a day ? A. According what I was a mind t9 give them; I don't remember what I give them. Q. Wasn't it three dollars a day ? A. I guess not. Q. How much ? A. I don't know. Q. Didn't exceed three ? A.' I guess it did. Qi Did it exceed five ? A. I couldn't say. Q. Who were the Republican watchers ? A. Tuttle was the checker and a brother of mine was the watcher. Q. Aside from the expenses of the watchers and the one carriage' what other expenses were you to that day ? A. I had two or three workers. Q. Who were those workers ? A. Different ones; I don't know who they were now exactly. Q. You are not able to remember ? A. I can remember some of them. Q. Who was one 1 A. One of them was Fleming, from the alms-house. Q. An inmate of the alms-house ? A. Yes, sir. Q. How much did you give him that day ? A. I don't remember, but I think I was to give him five dollars. 70 ' Q. To get the inmates of the alms-house out to vote ? A. No, sir; to get eleven Republicans registered from the alms-house that he said was over there. ^ Q. You mean to get them to vote? A. To get them registered. Q. They had already been registered? A. No, they hadn't at that time. Q. What time was this that you employed him and gave him five dollars ? A. It was the time the registry board was in session that I made a bargain with him to get these people registered. Q. That was before you got the money from Odell ? A. Yes. Q. You couldn't have used that in paying him ? A. I didn't give it to him until afterwards. Q. He got the voters there, didn't he? A. I don't know whether he did or not; I don't know how many of them voted. Q. You didn't pay him until after he got, them there? A. I didn't pay him until after election. Q. Wasn't that the bargain between you; he wouldn't have his money until he got the voters there ? A. No; because I didn't have no money to pay him with. , Q. How long after election was it you gave" him the five dollars ? A. I think it was the day after. Q. Did you give him more than five ? A. I don't remember whether I did or not; I know he was not satisfied with what I did give him; I don't remember whether I give him more or not. Q. The balance that he got over and above the five dollars he was to give to the others in the alms-house ? A. I had nothing to do with any of the others over there. By Chairman Eoesoh: Q. The question is what he got' over the five dollars was he to divide that with any in the alms-house ? A. That I don't know any- thing about Q. Did you give him any instructions to divide with those in the alms-house ? A. No, sir; Mr. Fleming fetched me over eleven names on a piece of paper that were Republicans. Q. All in the alms-house? A. They were inmates of the alms- house; he said it ought to be worth a day's pay to have those people registered' and I told him if lie got them all registered I would give him his day's pay, and he fetched another man over there that helped him and I give this other man a day's pay. By Mr. Gardner: Q. Where did he get them from ? A. The alms-house. Q. Do you remember their names ? A. I do not; I paid Fleming. 71 Q. You paid Fleming altogether fifteen dollars, didn't you ? A. No, Fleming and another party. Q. Tou gave Fleming ten dollars? A. I say I think I gave Flem- ing and this other party five dollars apiece; that'would be ten dollars. Q. Did you hand this other party five dollars in person or did you give it to Fleming to give to him ? A. I gave it to the other party in person; they came together at the shop. Q. Tou were aware at the time they were inmates of the alms- house? A. Yes. Q. Didn't you think they would take less than flfVe dollars a day for getting out some of their associates ? A. I didn't ask them to. Q. With the exception of what you paid those two, the carriage and the workers, were you to any other expense that day? A. No; nothing more than I spent quite a little money around through the wards the night before; that was all. Q. Tou say that you would give them the pasters in this shanty ? A. Tes, sir. Q. After you gave them the pasters they would go and vote ? A,. Tes, sir. Q. After they would vote they would come back to the shanty? A. Sometimes they would and sometimes they wouldn't. Q. What did they come back to the shanty for? A. There was a" stove in there and they came back to get warm. Q. It must have been pretty full sometimes ? A. Fifteen or twenty sometimes. Q. Tou saw some men vote there that day that took ballots from you that you knew were purcliasable ? A. I know they used to be. Q. Have they reformed of late ? A. Tes, the parties are Eepubli- cans and if there is no money in the field they are going to vote their own ticket. Q. They have reformed of late ? A.I suppose they have, yes, sir. Q. Quite a good number of those purchasable voters that took bal- lots from you that day? A. I was the only one there to give it to them. Q. Weren't there as many as fifty or sixty in that district of that character? A. I couldn't say. Q. What is your opinion? A. There may have been as many as that; may be less and may be more, I 'couldn't say. Q. Tou know one Guinon ? A. From the alms-house ? Q, Tes. A. I don't know him to speak to him. Q. Did you have any conversation with him that day ? A. Not a word. 72 , Q. You know one Duncan? A. No, sir; Fleming is the only man I know by name from the alms-house. \ Q. You didn't have any conversation that day with Warwick at all ? A. Yes, sir; a few minutes. Q. What did you say to him ? A. He came upthere and says "Hello Fred.;" I says, "Hello Jack;" he says "How are you making out?" I says, "AH right;" he says "What are you paying?" I says, "I ain't paying nothing; they are voting from love;" he turns around and says, " You go to hell; " I says, " Jack, I thought you were with us, to-day;" he says, "I am going ^to get square with Tygert." Q. Love for money or love for what ? A. Love for the party, I suppose. Q. You can love for money? A. No, sir; I did not; I didn't say so. Q. You know Williams ? A. What Williams ? Q. A Williams that voted there ? A. There are several of them. Q. One of them you know to be a purchasable voter, don't you ? A, No, sir; I do not particularly; I know there are several Williams' there. Q. Don't you know any of them to be purchasable? A. I know them all. - Qi Di3 you ever assist them in preparing their ballots at any other election than that election — the Williams ? A. I don't think I have got a right to go beyond this; that has nothing to do with this case. Mr. HiRSOHBEEG. — We object to it unless the committee wish to lay down that rule. Chairman Eoesch. — The committee thinks they have enough on hand with the last election. Q. Did you agree that day to see that Williams was paid money, one of those Williams, any one of them, that day? A. No, sir; I did not. Q. Did you prepare the ballots for a Williams, a voter, that day ? A. I didn't prepare the ballots for anyone; I showed them how to prepare them. Q. Did you show Williams how to prepare a ballot? A. I showed several of the Williams'. Q. That day? A. That day. Q. Did you directly or indirectly promise to them that they would get paid for their day's work in coming out to vote, if they would vote that ballot jovf. gave them ? A. I made no promise to them of any kind. Q. Did you say they would get it from anybody ? A. No, sir. 78 Q. What did you do with the balance of this money which you had, of fifty dollars, after you paid these expenses ? A. Kept it for my day's work Q. Got pretty well paid for your day's work, didn't you ? A. No; not very big. . Q. Did you know Gaines? A. What Gaines? Q. Josiah ? A. Yes, sir. Q. Did you see him that day? A. I did. Q. Prepare his ballot ? A. No, sir. Q. Was he in the shanty ? A. Yes, sir. Q. Before he voted? A. I don't know; he came in there and asked' me if I would show him how to fold his ballots; I did so. Q. Didn't he come back to the shanty after he voted. A. He might have. Q. Don't you know he did ? A. I couldn't say. Q. Didn't you pay him anything that day? A. No, sir; I did not. Q. Didn't you promise to pay him anything ? A. No, sir. By Chairman Eoesoh: Q. You don't know how much money you got from Mr. Odell ? A. No, sir; I do not. Q. Mr. Odell handed you the money and you put it in your pocket? A. Yes. Q. You didn't count it? A. No, sir. Q. Did he give it to you in an envelope ? A. No, sir. Q. You saw it was money ? A. Yes. Q. What did you think he gave you that money for ? A. Gave it to me to pay the running expenses of the ward, which you know your- self there are running expenses. Q. What did Mr. Odell say to you when he gave to you the money ? A. Didn't say anything partipularly that I remember. Q. You don't recollect that he said anything to you ? A. No, sir. Q. Did he give you any special instructions as, to what to do with the money ? A. No, sir. Q. Did he say that you should use the money to pay the running expenses ? A. That is what he gave it to me for. Q. Did he say that ? A. Yes; and I went and hired a carriage. Q. Did he say to you use the money to pay the running expenses ? A- To pay the carriage hire, watchers, etc. Q. He used the word " carriage hire?" A. YeB; he told me to go and hire the carriage. Q. He told you to pay the- watchers ? A. Yes, sir. 10 74 Q. Toudid have quite some conversation? A. No; that was all our conversation was between us. Q. Tou did have quite some conversation, but all you remember of it now is about the carriage hire and the watchers ? A. I asked him if he had a carriage and he said " no; you go and hire one.'' , Q. Is there anything else that you remember of that conversation ? A. No, sir. Q. Did you get that money on election day? A. No; the day before. : Q. Night before? A. I couldn't say; sometime the day before; I think it was in the afternoon but I ain't certain. Q. Did you keep a check-list of the voters ? A. Yes, sir. Q. Did you return that check-list to Mr. Odell with an account of your expenses for the carriage hire ? A. No, sir. Q. Or for watchers? A. No, sir; for nothing. Q. Tou didn't give Mr. Odell any account at all of the money you laid out? A. No, sir. Q. Mr. Odell does not know to-day, what the running expenses were ? A. No, sir; he does not. Q. Except what he learns here to-night; you never told Mr. Odell you had a balance of fifty dollars for yourself ? A. I didn't say I had a balance of fifty dollars. Q. Didn't you testify there was about fifty dollars left ? A. No; he asked me if I had less than a hundred and I told him I thought so. Q. How much do you think you had left for your own work ? A. I don't know. Q. Not particular to know how much you had left for yourself, are you ? A. I didn't bother counting it. Q. Was it so much that it was too much bother to count ? A, No; it wasn't. Q. Where is the check-list ? A. I have got it. Q. Have you got it with you ? A. Tes, sir. Q. Let me see it. ' ( Witness produces list.) Q. What do these marks mean along the names of voters? A. Those are the ones that have voted. Q. These check marks ? A. They are the ones that came in and voted. Q. The marks not like that, more round ? A. They all mean the one thing; that list are Democrats and Eepublicans both. Q. This is a copy of the poll-list ? A. Tes, that was kept by a man by the name of Tuttle; the man the polls are rented from. 75 Q. This is supposed to be a copy of the whole list of voters ? A. The whole of the voters in that district. Q. Democrats and Republicans alike ? A. Yes, sir. Q. What do these ink marks mean under the different columns? A. Thpse are Republicans and those are Democrats. Q. When were those marks placed alongside of those names? A. They were put there by the man that took a canvass of the district. Q. These marks represent the judgment of the man who took the canvass of the district in regard to the politics of the different voters? A. Yes, he said he went around personally to each man and asked him his politics. Q. The other marks in lead pencil outside of the column represent those who actually voted ? A. Yes, sir. Q. Are there any marks in this book opposite the names , of Republican voters' different from the marks opposite the names of Democratic voters ? A. Sometimes he made a mark a little different, but they are all meant for the one thing. Q. YoU knew quite well the Republican and Democratic voters ? A. Yes, sir; theyiare all Republicans up there about. Q. Is there any difference to your mind denoted by this mark as against the meaning attached to that ? A. No, sir. Q. It makes no difference whatever whether the mark is made in one way or another ; it simply means that man voted ? A. Yes, sir. Q. Does not represent to your mind ^anything you laid out for carriage hire ? A. No, sir. Q. Or for watchers ? A. No, sir. Q. Or for any other expense? A. No, sir; it does not represent anything but the man has voted. Q. What do these names which are added in lead pencil indicate ? A. Those were some that this man h^d missed and they gpt registered and they were copied from the pbll-list afterwards. Q. They don't mean the names of any that received any money from you ? A. No, sir. Q. Is there a name of any man in this book that received any money from yovi? A. No, sir; not unless he was one of the watchers. Q. How many watchers did you say you had ? A. Two. Q. You paid them five dollars apiece ? A. Yes, sir. Q. Those two names are on this book ? A. They ought to be ; they are watchers in the district up there. Q. Any other names on this book of men you paid for working around the polls, carriage hire or such ? A. Yes, sir, Fleming. Q. Anyone else ? A. No, sir, I think not. 76 Q. Then you paid Fleming and the two men? A. This other man at the alms-house. * Q. That is four men ? A. That is four men. Q. Is that all you paid ? A. That is all I can remember of having around to help me or anything of the kind. Q. You paid six dollars for carriage hire ? A. Yes, sir. Q. What other running expenses were there besides carriage hire ? A. I paid for the office. Q. What office? A. McDoel. Q. You paid him for his office ? A. Yes, sir. Q. Did you pay him to go in there and get warm around his stove ? A. I hired the office from Mr. McDoel. Q. For what purpose did' you hire. the office? A. For instructing the voters how to vote; to fold their tickets and put the pasters on. Q. Did you have paster ballots in his office ? A. Yes; some sample ballots. Q. You only showed them how to fold their ballots ? A. Showed them how to fold their ballots and put their pasters on. Q. How much did you pay McDoel for the rent of that office? A. I think I paid him four dollars. Q. Did you keep a list of the men who came into that office, in order that you should show them how to vote ? A. No, sir; I sup- pose every man that voted came around there; they knew there was a stove there to get warm. Q. It was necessary to show every man how to vote ? A. There are a good many up in that district that can't neither read nor write; this stove happened to be in there; that is why I got the building. Q. Was it cold that day? A. Yes, sir; it was. Q. Have you any other list with you except this canvass book? A. That is all. By Mr. Gardnee: Q. You have a brother that was working with you up there that day? A. Yes, sir. Q. Did you observe any of these voters go up under a shed after you had handed them — after they had voted 1 A. Nothing more than I seen a man on the Democratic carriage have a man up there under the shed. Q. Don't you know your brother was up under a shed and had con- ferences with voters after they had voted? A. He might have been; I might have been there myself; I was under the shed. Q. Did you have any conversation under the shed with voters ? A. I had conversation up ther^ with several. 77 Q. After or before, they had voted? A. We used to go and get a cigar, and we had to go under the shed to get there. Q. Prom what place?" A. From a cigar stor A. I don't think I did. Q. Will you swear that you did not ? A. I will swear that I did not. Q. Talk with them on the subject of votingj that you didn't with twenty-five ? A. Certainly I will swear that. Q. Will you say you didn't twenty? A. Tes; I will say I didn't twenty. , Q. Will you say you didn't fifteen ? A. I will say I don't think I talked with fifteen; I couldn't say exactly the number. Q. Can you mention the names of the men with whom you talked with that day ? A. I can remember two. Q. Can you remember more than two ? A. Yes; three. Q. Who were those three ? A. One was named Tremper, one was named Thomas and the other was nanied Donohue ; I have known them for years. Q. Had you' before that election day asked them to vote the Repub- lican ticket? A. I have asked Tremper; I have not asked him to vote the Eepublican ticket, I have asked him to vote. Q. On prior occasions ? A. Yes, sir. Q. Isn't it a fact that the most of those to whom you talked that day were men that you had talked to on prior election days ? A. I don't remember outside of Tremper. Q. What is your opinion about it? A. I wouldn't give any opinion; I don't think so though. Q. Were you acquainted with them ? A. I know them all by sight. Q. Did you know whether they were Democrats or Eepublicans ? A. No; I know that most of them were Eepublicans. Q. How do you know most were Eepublicans ? A. Because they voted there before and two of those I mentioned worked for us. Q. Worked for you ? A. Yes. Q. With regard to the others how did you know they were Eepub- licans ? A; I didn't know; I supposed them to be Eepublica,ns. Q. Did you have any money that day ? A. No, sir. Q. With you ? A. I had a few dollars., Q. How much? A. I don't know; less than ten dollars. Q. Prom whom did you get it ? A. That was my own money. Q. You know Mr. B. B. Odell? A. I do. Q. Did you have a conversation with him on that day ? A. I had breakfast with him on that day. Q. Where ? A. At his house. Q. What time of day ? A. About half-past 6 in the morning; I was to be there early. Q. What time were you there ? A. I think a little later. Q. Were you at Mr. Odell's office that day. A. No, sir. Q. When you left Mr. Odell did you leave him at his bouse? A. No, sir. Q. Where was it that you left him % A. He was going up into the first ward, and we went together. Q. Where did you part with Mr. Odell ? A. At the fifth district of the first ward; I got out of the carriage there and went into the poll- ing booth. Q. You rod,e up in a carriage from his house ? A. Eode up in a carriage from his house to the fifth district of the first ward. Q. What polling place besides that, if any, did you visit with him while in the carriage ? A. I didn't visit any. Q. That is the only polling place? A. That is the only polling place. 12 90 Q. Did you leave the polling place that day after you got out of the carriage ? A. I was about there. Q. Did you go out of that ward after you left the carriage? A. No, sir. Q. What time of day was it that you got in the carriage with Mr. Odell? A. Something after 7 o.clock; I don't know jupt what time. Q. Had the polls opened up in the fourth ward? A. I had been there and voted. Q. Before you took breakfast ? A. Before I took breakfast. Q. Did you see Mr. Odell on the day before election ? A. I don't remember. Q. Will you swear you did not 1 A. No, I won't. , Q. Will you swear you didn't see him in his office? A. Yes, sir. Q. You will swear you didn't? A. I will swear I didn't see him in his office. Q. When was the last you saw him in his office ? A. Probably between two and three weeks ago. Q, I mean before election ? A. Oh, I can't remember ; I don't think I was in his office for some time before election. Q. Wasn't it two or three days? A. I should say it was more than that. Q. What did you go to the office for ? A. I have often gone there to see Mr. Odell. Q. On what occasion was it you went there the last time before election ? A. I don't remember. Q. Didn't you talk over the subject of election ? A. I think it probable. Q. The last time before election ? A. I think it probable. Q. Was there anything said between you and Mr. Odell on the subject of money for expenses of election ? A. None whatever ; I had nothing to do with the money for expenses. Q. Did he say anything to you how much he had on hand for election purposes ? A. He did not. Q. Who was there with you ? A. James Taylor. Q. Wasn't he a worker in the fifth district of the first ward 1 A. He was a watcher with me. Q. Did you go there in company with Mr. Taylor to Odell 's office? A. No, sir, Mr. Taylor came later, I think ; I am not sure whether Mr. Taylor was at the polls before I was or not. Q. At the office of Mr. Odell ? A, I never met him at the office of Mr. Odell. 91 Q. Who was there at Odell's office at the time you were there? A. I don't remember that any one was there. Q. Did you use any money on election day at all ? A. I did not. Q. Did you pay watchers anything ? A. I did not. Q. Carriage hire, anything ? A. Nothing whatever. Q. Did you get paid for your services in working that day ? A. No, sir. Q. Not one cent ? A. No, sir. Q. Why is it you went there if you were not acquainted with only three or four voters out of your ward to the fifth district ? A. I didn't say I was only acquainted with three or four voters. Q. Tou stated, did you not, in your answers to me that you didn't see over fifteen that day? A. I stated that I didn't speak to over fifteen. Q. On the subject of voting ? A. On the subject of voting. Q. Did you not say to me that you were not acquainted with over two or three ? • A. No, sir. Q. Now, then, will you state how many that you were personally acquainted with that you talked with on the subject of voting that day? A. I stated that I don't remember the number; I didn't talk with any except those 1 was personally acquainted with. Q. How many were there ? A. I stated I didn't remember. Q. Would it be as many as ten ? A. I say it may have been from ten to fifteen. Q, But not more than that ? A. I do not think more than that. Q. Can you mention the names of more than two or, three that you talked with that day that you are acquainted with? A. I have men- tioned three names and I don't remember any more. Q. Why is it that you went there to the fifth district of the first ward out of your own ward to work all day if tihat was the extent of your acquaintance ? Mr. HiRSOHBEEG. — I objcct to that question on the ground there is no proof; he went there to work all day and he has not said so. By Chairman Roesoh: Q. What was your object in going to that ward inasmuch as you did not live in it ? A. I have went to that ward on several previous . elections when the district was larger, before the Saxton election bill; Iknew a great many of the voters that voted at that polling place; my business was in that former district. Q. You did so to work the Republican ticket in that district ? A. As far as I was able; yes, sir. 92 By Mr. Gaedner: Q. Tou have a considerable number of employes in your factory or establishment 1 A. Quite a number. Q. Many of them vote in that district ? A. I don't think that more than two or three now vdie in that district; the most of them vote in the seventh district. Q. "Will you state why you were there on the last election day, not on prior days but on last election day, why you were there ? A. I was there to help 'so far as I was able the Eepublican ticket. Q. In what way ? A. By going to such yoters as I should see whom I knew and asking them to vote. Q. And you did that more or less all day ? A. I did that in several instances. Q. Did you direct any of those voters where to go after they had voteid and see anybody ? A. No, sir. Q. Are you acquainted with James Taylor ? A. Yes, sir. Q. Are you acquainted with O'Eourke ? A. I know O'Rourke. Q. Was he a Republican worker in that district ? A. I am told that he was. , ' i Q. Don't you know that he was ? A. I didn't know of it of my own knowledge; I didn't speak to him that day. Q. You presumed he was ? A. I presumed he was. Q. A very active one, too ? A. I didn't see him but once or twice during the day. Q. Were you there during the count of the ballots ? A. I was. Q. Did you . see James Taylor, the Republican worker, counting ballots? A. No, sir. Q. Didn't he? A. I didn't see him; I was watching another inspec- tor; I was not sitting near Mr. Taylor. Q. Don't you know Mr. Taylor was there ? A. I know he was there; he was a watcher. Q. Didn't he handle the ballots ? A. All I saw him handle, he was watching McChristen, the Democratic inspector, and McChristen had several ballots separated from the rest; they were ballots which had pasters on, and McChristen handled these ballots by separating all the straight Republican and all the straight Democrat ballots, and then by counting — laid those which had pasters on, one side, and in counting them in afterwards, and in putting his ballots down, he almost knocked the small pile that he had on one side of paster ballots off the table, and Mr. Taylor, as I remember, told him to be careful, and save them from felling; that is the only time I saw him handle the ballots. 93 Q. Did he have the ballots separately in his hands, Mr. Taylor? A. No, sir; not when I saw him; he saved them from going over the edge of the table, and pushed them back, a small pile of five or six ballots, which were separated from the rest. Q. He had them in his, possession or near his hand, did he ? A. Near his hand; yes. Q. Did you observe the condition of McChristen that night ? A. Not specially. Q. Whether he was sober or drunk ? A. I should say he was sober. Q. lou say you didn't notice him specially? A. I didn't notice anything peculiar about him. Q. Did you know how he came to knock over the pile of ballots ? A. He was putting one pile down that he was counting, and his hand touched this other pile that was near the edge of the table. Q. Didn't you remark at the time among yourselves that McChristen ought to get sober before he counted those ballots? A. I never heard McChristen's sobriety questioned that day. Q. You have since ? A. Not until I read the account. By Mr. Hiesohbeeg Q. Only in this petition? A. In this petition and the evidence I read at Albany last week. Q. So far as you could see was Mr. McChristen able to transact his business there that night ? A. I think he was fully able. Q. Were other Democratic watchers there ? A. Two. Q. Was one of avei:age intelligence ? A. One above the average. Q. Quite able to see all that was done ? A. Tes, they watched very closely. Q. Was there any irregularity of any kind that you could perceive there ? A. Not that I saw there all day. - ' Q. Nor during the counting ? A. Nor during the counting. Q. Your opportunities for observation were as good as anyone else 1 A. I sat at the table where they counted the ballots all the time, where the ballots were counted. By Mr. Gardnep: ' Q. The rooms in which the inspectors were that night opened into another room ? A. The rear of that room opened in another room. Q. In which people passed promiscuously,? A. I think not; the inspectors went in there occasionally. Q. Didn't others go in there besides the inspectors ? A. I didn't see anyone but the inspectors or the poll clerks or the watchers or the constable go in there. 94 Q. At no time during the day ? ,A. Except the owner of the build- ing, Mr. Porshay, he was in there most of the day. Q. And hie family? A. I didn't see any member of his family. By Mr. Hikschbeeg: Q. Was this the Forshay that ran the Democratic wagon ? A. No, sir; that was another. John H. Valentine, being duly sworn, testified as follows: By Mr. Gaednbe: Q. Tou are a resident and voter of this city ? A. Yes, sir?. Q. You were the Democratic watcher in the fourth district of the first ward last fall ? A. Yes, sir. Q. Were you present at the time the ballots were counted ? A. Yes, sir. Q. Did the watchers assist the inspectors in counting the ballots in that district? A. Yes, sir. Q. Was the result as announced and certified to based upon the count of the watchers as well as of the inspectors ? A. I couldn't say; I never saw the returns. Q. All you know is the watchers participated in counting the bal- lots that night ? A. Yes, sir. Q. Do you know what the majority in that district was? A. I couldn't say now. Mr. Gaednee. — That is all. By Mr. Hiebchbeeg: Q. Who were the other watchers ? A. I think the other Demo- cratic watcher was Vrooman. Q. Who were the other watchers ? A. I couldn't say ; I couldn't tell you what their names were. Q. Don't know the Republicans? A. No; I know them by sight. Q. State what they did in the way of assisting the inspectors to count ? A. They simply counted the ballots. Q. After the inspectors had pounted them? \A. Sometimes; and sometimes before they counted them. Q. The inspectors counted also ? A. Yes, sir. Q. You only know about your own counting; you didn't follow the other counting ? A. No; I saw they were counting. Q. Did you count honestly and truthfully what you counted ? A. I think I did. Q. Have you any doubt about it ? A. Not at all. 95 Q. Didn't the others so far as you know ? A. I couldn't say as to that. Q. So far as you know ? A. Yes. Q. You no nothing to the contrary ? A. No. Q. How did the watchers come to count the ballots after the inspectors ? A. I don't know — it was — always had been the way they done the counting. Q. You supposed it was your duty to count them ? A I didn't think about that at all. Q. Did you do it for the purpose of ascertaining whether it was correct or not 1 A. Yes. Q. Tha}. >va8 the object? A. Only object. • Q. Did you find it correct ? A. I don't know. Q. What you did, did you find correct ? A. Yes. Q. When you counted -after an inspector did you find that he had counted correctly ? A. I couldn't state that I did in every instance. , Q. Where you found there was any error was -it corrected ? A. Yes. Q. That is all there is of it ? A. That is all I know about it. Q. Is it a Democratic or Republican board? A. A Bepublican board. By Mr. Gabdnee: Q. Did the Democrats have an inspector there that day ? A. They had one. Q. What was his name ? A. I think it was Sansbury. Q. Are you sure he is a Democrat 1 A. Supposed to be. Q. You don't know which way he voted that day ? A. No. By Mr. HiBsbHBERG: Q. Does he know which way you voted ? A. I don't believe he does. Geobge Smith, being duly sworn, testified as follows: By Mr. Gaedneb: Q. You are a resident and voter of this city ? A. I am. Q. And of the second district of the third ward ? A. Yes, sir. Q. Were you a watcher or ballot clerk that day ? A. Poll clerk. Q. Were you present when the ballots were counted ? A. I was. Q. Did you participate in the counting of the ballots ? A.I did. Q, Did you separate the ballots into different piles and you count your pile and the others count theirs separately ? A, Yes, sir. Q. And after you had counted your piles did you announce the result to one of the board and they put it down ? A. Yes, sir. 96 Q. And add up the amounts and declare the result ? A. Yes, sir. Q. You are not an inspector? A. No, sir. Chairman Roesch.^ — What do you claim by this witness ? Mr. GrAEDNBB. — The statute says inspectors of election shall count the ballots and not ballot clerks. By Mr. Hirsohbeeg: ! Q. The inspectors did count them ? A. Yes. Q. This was an extra counting ? A. No, sir; I counted the ballots myself and no one else counted the ballots. Q. Did they see you count them? A. I suppose they did; they were busy counting their own also. Q. How do you know the inspectors didn't count them? A. Because I put them in a pile where all the rest of the ballots were and no one handled ttiem after I did. , Q. Put them where they couldn't get them ? A. No. Q. Who were the inspectors? A. Mr. Wood, Chapman and Warren. Q. How many did you count? A. I have forgotten the exact number; something like thirty or thirty-five. Q. Both kinds of tickets ? A. Yes, sir. Q. Count them honestly and correctly ? A. I did, sir. Q. What were the majority of them, Republican or Democrat? A. I don't remember which. Q. Those you counted, I mean ? A. I don't remember. Q. What was the average majority in the district ? A. Something between eighty-five and ninety. Q. Republican? A. Yes; sir: Q. Out of a total vote of what ? A. I think the total vote was 252 or 253. ^ Q. You were a Democratic watcher ? A. I was not; I was the poll clerk. Q. You think you counted thirty-three votes that you say the inspectors didn't count ? A. ^oinething like that. Q. They were taken indiscriminately ? A. Yes, sir. By Mr. Gardner: Q. The other poll clerks counted also? A. The other poll clerk did. Q. What is his name ? A. Aleck Leslie. Q. And ballot clerks? A. No; the ballot clerks did not count Q. That day do you remember whether the ballot-box was opened ? A. It was. Q. By whom ? A. By Mr. Wood. 97 Q. An inspector? A. Yes, sir. . Q. Under what circumstances was it opened ? A. He deposited all the ballots in the ballot-box of the votes that were to be counted. Q. Who deposited them 7 A. Mr. Wood under an error; he took the vote that was to be voted and tore off the stub and put it in the box for sach ballots, and some one spoke to him at the time and not thinking he dropped the other three ballots in the same box. Q. Then the box was opened and ballots taken out ? A. Yes, sir. By Chairman Roesoh: Q. In what manner were they taken out ? A. The man that voted swore he voted the Republican ticket, and they took out the other three ballots that were put in. Democratic, Prohibitionist and Labor. Q. The voter who had just then voted was asked what ticket he had voted ? A. He swore he had voted the Republican ticket. Q. Did they swear him ? A. He said he voted, and they asked him if he was willing swear to it, and he said yes, that he voted the Republican ticket. Q. Then they swore him ? A. I don't remember as to that. Q. You are not positive that they had him take an oath before they asked him what ticket he voted ? A. No. Q. Then you are not positive when you say he stated on oath that he voted the Republican ticket? A. I remember he said, "I am willing to swear that I voted the Republican ticket." Q. When he said he had voted the Republican ticket you say they opened the ballot box ? A. Yes. Q. And took out three ballots ? A. Yes. Q. Did they take them from the set of ballots that had been dropped into the ballot box as having been voted by that particular voter? A. The three ballots were right on top and the^ took them out; Q. Those three ballots were three that you think were the Demo- cratic, Socialist and Prohibitionist ? A. Yes. Q. Did it happen in any other case but that? A. No, sir. Q. After that had been done the box was closed 1 A. Yes, sir. Q. Locked? A. Yes, sir. Q. The voting then proceedeii ? A. Yes, sir. Q. Orderly? A. Yes, sir.. Q. No other occurrence of that kind ? A. No, sir. Q. There was a Republican inspector? A. Two Republican inspectors. Q. One Democrat ? A. Yes. Q. Who was the Democrat ? A. Mr. Chapman. 13 98 Q. Was he there ? A. He was. Q. At the time this happened? A. He was not there at the time the ballots were deposited in there but he was there when the bpx was opened. Q. And the three ballots were taken out? A. Yes, sir. Q. Was there a Democrat poll-clerk ? A. I was the Democrat poll clerk. Q. What did you say when this was done ? A. I didn't have any- thing to say. Q. What did the Democratic inspector say ? A. The Democratic ' inspector said it was the only fair thing to do. Q. There was no question made about this at all for the rest of the day ? A. There was not; no, sir. By Mr. Hieschbeeg: ■Q. The only effect of it, if it was true, was that they lost a Eepub- lican vote ? A. If they hadn't taken them out he would have lost his vote. Q. If the statement was true, the ticket he voted went in the wrong box? Chairman Roesch. — No. Q. The general result of the election, was it different from prior elections in that district since it has been a separate district ? A. No ; I think not. Q. Just about the average majority ? A. About the same. Dewitt C. Cameron, being duly sworn, testified as follows: Q. Do you reside in and vote in the third district of the third ward? A. Yes, sir. Q. Did you vote thei^e at the last election ? A.I did. Q. An inspector ? A. Yes, sir. Q. Democratic inspector ? A. Yes, sir. Q. Were you present when the ballots were counted ? A. I was. Q. You assisted in the counting of them ? A. I did. Q. How did you count the ballots that night ? A. We dumped the box and each inspector took a portion; divided them up among us. Q. You put the split ballots by themselves and the straight ? A. Yes; we counted the straight ballots and put them on the table by themselves and took the split ballots and put them by themselves. Q. And divided them in three piles afterwards? A. Before we started we divided them up; each man kept his pile. Q. Each man selected his own ballots and made his own pile ? A. Yes, sir. 99 Q. Did you count your pile ? A. Yes. Q. And announced the result to the board ? A- Yes, sir, to the chairman. Q. After you had counted yours did you count the others ? A. I did not. Q. You certified to the result ? A. I did. Q. In that certificate you assumed, that the other inspectors did their duty. A. I did. Q. You counted the ballots correctly ? A. Yes, sir. Q. Have you any personal knowledge of it ? A. I have not. Q. All you can say as to the number of ballots that were counted correctly there that night were the ballots that were in your pile ? A. Yes, sir. That is all. By Mr. Hibsohberg: Q. Was the result at that election about the same as at prior elec- tions in that district ? A. It was. John Sansbuby, deing duly sworn testified as follows: By Mr. Gardner : ' Q. You are a resident and voter in this city and was at the last election in the fourth district of the first ward? A. Yes, sir. Q. You acted as inspector that day? A. Yes, sir. Q. The other two inspectors -were Eepublican ? A. Yes, sir. Q. You were supposed to be the Denjocratic inspector ? A. Yes, sir. Q. To represent the Democratic party in the board ? A. Yes, sir. Q. That is the district in which Mr. Valentine was a watcher ? A. He was there ; I don't know whether he was a watcher or not. Q. He votes in that district and was a watcher ? A. Yes, sir. Q. Where he counted the votes ? A. Not to my knowledge. Q. Will you swear he didn't count the votes that night? A. Not to my knowledge did he count any votes. Q. That day did you vote for Lamont or Eichardson ? Mr. Hibsohberg. — I object to that. Mr. Gardner. — We have a right to a representative in the board. Mr. HiRscHBBEG.— You have not the right to secure the votes of even the Democrat inspectors by law and I am not surprised it was diffi- cult to obtain it. Chairman Roesoh. — I think they are entitled to know whether the witness is a Democrat as bearing upon questions they may raise in 100 regard to the accuracy of the count or correctness of the result as declared, or possible conspiracj upon his part with his coinspectors. Mr. HiESCHBERG. — I don't know what the test is of true Democracy ; I am very certain it isn't the voting for Lament. Chairman EoHSOH. — I don't know as that is just proper as part of this case, he couldn't have been appointed ; I don't know, of course, how the matter is done up here, but we certainly wouldn't appoint a man as a Democrat in New York county unless he pledged himself that he had supported the Democratic state ticket at the last election, and it was his intention to support the Democratic state ticket at the coming election at which he intended to act as ballot clerk, poll clerk or inspector. We wouldn't appoint a man unless he would give us that pledge. Mr. H1RSCHBEH&. — It would seem like a very hard rule if a Republi- ' can was elected should lose his seat because certain persons who were Democrats voted for him. Mr. GrARDNEB. — We are not insisting on that. Mr. HiRscHBEEG. — The committee rules against the objection. Chairman Koesch. — I don't do that. I think they haye a right to ask this witness whether he was a Democrat or Republican; I don't know as they have a right to ask the witness whether he did or did not vote for any particular candidate. Mr. HiRsoHBEEG. — Is there any claim Mr. Lamont suffered in that district or run behind any more than he did in any other part of the city. My recollection is the voting in this city for Mr. Eichardson was not more than fifty in excess of the vote for Fassett. Mr. Gardner. — That is an immaterial question ; what we do claim is this question is preliminary one to future important ones. By Chairman Eobsch: Q. You were an inspector ? A. Yes, sir. Q. To what party were you attached ? A. The Democratic party. Q. You went into that board of inspectors as a Democrat? A. Yes, sir. Q. With your intention of doing your duty under the law and aid- ing, as far as you could, lawfully, the election of the Democratic candidates ? A. Yes, sir. By Mr. Hibschberg: Q. What was the majority in that district for Mr. Eichardson and Mr. Fassett? A. In asking the chairman of the committee to-day, he finds the slip of paper that we figured the returns on [presenting same]. 101 Mr. Gardneb. — The majority is 102 in that district for Eichardson and eighty-six for governor. By Chair 03 an Roesoh: Q. This is the district abqut which we are talking? A. Yes, sir. Q. You say Richardson's plurality was 102; testify as far as that paper will help your memory to what the figures were; how many votes were cast in all in that district ? A. Three hundred and seven. Q. How many did Eichardson get ? A. Eichardson received on the straight vote 148; forty-nine on the split, making a total of 197. , Q. How many votes for Lamont? A. Seventy-nine straight votes, sixteen splits. Q. That makes a total of how much ? A. Ninety-five. , Q. You say then Eichardson received 102 votes more in that district than Lamont, is that right ? A. Yes. By Mr. Gardker: Q. In your returns you didn't return that there were any split tickets, di4 you ? Mr. HiBscHBEEa. — The returns state for themselves on that subject. The Witness. — I suppose the ballot clerks returned all tickets. Q. Did you return any split tickets ? A. Eeturn them to where ? Q. Attach them to the return and give them to the supervisor and a duplicate filed with the county clerk ? A. All those tickets ? Q. Yes; the question is, did you attach any of those split tickets to the return which you gave to the supervisor and the county clerk ? Chairman Eobsch. — Won't the return show that? Mr. HiRSCHBERG. — The county clerk has been in Albany two days with these returns. Mr. DiMMicK. — And will be here to-morrow. Chairman Eoesch. — I think the returns had better be shown ; they will speak 'for themselves. If you find official returns to which split tickets are not attached, that, for the purpose of your case, shows to the satisfaction of the committee, until it be answered by the other side that there were no split tickets returned, you certainly need not explain that. By Chairman Eoesch: Q. When you say there were so many straight tickets for Eichard- son, you mean that there were so many tickets upon which Eichardson's name was printed of the Eepublican party, is that right? A. No scratches on that ticket. Q. When you speak of straight tickets, you have in your mind the possibility of there being a Eepublican ballot upon which Eichardson's 102 name was printed, but upon which the name of some other candidate was scratched, that would still be a straight ticket as to Richardson ? A. No. Q. Then a straight ticket was what kind of a ticket? A. A ticket that wasn't scratched at all. Q. Neither as to Eichardson or any other name ? A. Yes. Q. When you speak of the split tickets you mean the number of tickets which were not straight for candidates and which among other candidates names that were scratched also contained Richardson's name, is that right ? A. Yes, sir. Q. Does it necessarily follow then that a split ticket for Richardson, meant a Democratic vote for Lament? A. If a ticket was marked Richardson and Lamont's name was scratched out that would count Richardson, of course. Q. If the name Richardson was written over the name Lamont of course you counted that for Richardson and counted it as a split ticket? A. Yes, sir. Q. That was a Democratic voter voting for Richardson? A. Yes. Q. You might have Richardson's name over the name of the Soci- alist candidate for Senate might you not, the Labor ticket or the Pro- hibitionist? A. Yes, sir. By Mr. Gabdneb: Q. You voted for Richardson that day, didn't you ? A. If that is necessary I should answer it I will answer it. Chairman Roesch. — I think you had better answer it. A. No. Q. Did you vote for Lamont ? A. Certainly I did. Chairman Roesoh. — If you hadn't answered it the Democrats might have supposed you did vote for Richardson. Mr. Gabdneb. — Their belief isn't changed yet. Mr. HiRSCHBEEG. — There are Democrats that voted for Lamont. Chairman Roesch. — There were Republicans voted for me in my district, and I am prouder of a Republican voting for me than I am of a Democrat because a Democrat will naturally vote for his party, while a Republican who would vote for a Democrat candidate dis- plays considerable independence of judgment. Mr. HiKSOHBEEG. — And sometimes, as in this case, displays very good taste. By Mr. Gaednee: Q. You helped count the votes that night as an inspector ? A. I certainly did. 103 Q. Did you count by piles, each inspector have a separate pile? A. No, sir. Q. "Will you explain the system of counting ballots there? By Chairman Roesch: , Q. Most of the testimony then to-night ' relates to this one district? Mr. Gardner. — We have covered others. Chairman Roesoh. — The bulk of the testimony on the part of the last few witnesses have been in reference to this one district. Mr. Gardner. — Three witnesses as to the manner of counting. By Chairman Roesgh: Q. Tell us how you counted ? A. The chairman opened the ballot- box and counteS the votes; we counted up first how many voters had voted; tten N.e see that they tallied, the voters and the person — Q. (Interrupting.) Had you ever acted as an inspector before? A. Yes. Q. At the last election did you count the ballots in the same general manner that you had at previous elections ? A. Yes, sir. By Mr. Gardner: Q. Isn't it a fact that in counting ballots that night that you counted your pile Separately from the others? A. No, sir; it was counted first by the chairman and then handed to me. Q. And you counted after him ? A. Yes, sir. Q. Every ballot? A. Yes, sir; every ballot; that is, each ballot that had been voted. Q. Will you swear that nobody but the inspectors counted ballots there that night? A. After we had counted the total then we separated them in piles, splits and straights, with the clerks. Q. After you bad separated them, then you counted the piles sep- arately, didn't you ? A. After they were first counted. Q. After they were first counted to see whether they tallied with the poll-list, then you s£parated them into piles and counted them ? A. Not into piles, but two piles, to the best of my knowledge. Chairman Roesch. — What is the object of all this ? Do you want to direct the committee's attention to any particular point ? If you want to claim there was an erroneous count jn that particular district, falsified statement or anything of that kind, I want to have you make it plain. Mr. Gardner. — In the first place, in the return that is made to the county clerk in this district it appears that, according to the certificate of the inspectors, there is a deficiency or discrepancy of sixty-eight 104 ballots as certified to; that is to say, that the law requires the inspector to certify fully the number of ballots of each kind which were voted and counted in that district. Chairman Koesch. — Why should you go into that; why is th^it any part of your case; that is, I mean an explanation of that? If that is the condition of the return, don't you make out your case by pro- ducing that return ? Mr. Gabdneb. — I didn't know what view the chair might take of it; after you have intimated the views which the committee takes of it — Chairman Koesch, — If there is any return in existence which you claim upon its face to be erroneous or false, or illegal, or not in accordance with any of the provisions of the law, it seems to me only as a proposition of proof as it would in any other ca^e, that the pro- duction and exhibition of that return upon which you claim there is that mistake, would of itself show, exhibit the mistake, and would throw the burden on the other side of rectifying, if there,be any such condition of the return. Mr. Gaedner. — I have stated the exact condition; and if the chair believes that is the order of proof, I won't ask the witness on that point any more. By Chairman Roesoh: j Q. Tou had acted as inspector at other elections in this very dis- trict ? A. Yes, sir. Q. The district was Eepublican ? A. Yes, sir. Q. Always has been Republican ? A. Yes, sir. Q. Does the vote for Senate, or for any other office which was voted for at the last election in that district show any unnatural increase of Eepublican votes? A. No, sir. Q. Was there any question made by you, as a Democratic inspector, ' or by any citizen in the poll at that time, or in any way, as to the correctness of the result as announced ? A. No, sir. Q. Or of the result as certified by the inspectors? A. No, sir. Q. You assisted in the counting of the votes ? A. Yes, sir. Q. And signed the return, did you ? A. Yes, sir. Q. You believe that you truthfully stated the number of votes cast for the different candidates ? A. Yes, sir. Q. Have you any reason to-day for being of a different opinion ? A, No, sir. By Mr. Dimmick : Q. This was a new district? A. Yes, sir; this is what they call Washington Heights. 105 By Mr. Gabdneb: Q. You were called upon before this investigation to explain the apparent discrepancy in the return by me, and didn't you refuse to talk about it except in the presence of the Kepublican inspector, Topping? A. No. ' Q. Didn't you say to me "I refuse to have any conversation with you on this subject except in the presence of Topping ? A. No, I didn't. Q. What did you say ? A. We both went to your oflSce together to find out what the mistake was. e By Chairman Roesoh : Q. Thiff was the fourth election district of the first ward? A. Yes, sir. Q. Do you recall how many ballots were attached to the return; do you recall how many votes were cast ? A. Three hundred and seven, total. Q. You say there were for Lament seventy-nine straight ? A. Yes, sir. Q. And for Richardson there were how many straight ? A. I think it was 148. Q. If you returned 148 straight, you say you also returned forty- seven split? A. Yes, sir. Q. Upon what return did you mention that there were forty-seven spUt? 'a. Return of what? Q. The return signed by you to the county clerk or to the super- visor ? A. I don't understand. Q. Did any return that you mention, show a shortage of sixty-eight ballots? A. No, sir; not that I know of. Q, Was there Any shortage of ballots ? A. No, sir, Q. When they left your hands? A. No, sir; when they left our hands they were all right. Q. Was there any statement of the number of split tickets upon the return? A. I suppose there was; I don't exactly remember. Q. Did you make a remark on election day at the close of the polls as you w^re counting the ballots in reference to split tickets ? A. No, sir. Q. Did you say " split tickets be damned ? " A. No, sir. Q. Did you ever hear anybody say that ? A. No, sir. Q. Did you say that a short time ago to Mr. Gardner in his office ? A. No, sir; not that I know of. Q. In the presence, of Mr. Topping ? A. No,' sir. 14 106 Q. Was he with you ? A. Yes, sir. Q. Did he say it ? A. Not as I know of he didn't say it. Q. If the returns were to show that, sixty-eight tickets are not accounted for, what explanation would you make or what would your answer be to such a statement ? A. They certainly must have them ; they went to Goshen the next morning. Q. All the ballots that were received by the ballot clerks you say were returned? A. Tes, sir. Q. You don't know that, do you ? A. I suppose so; the ballot clerk is supposed to take them. Q. Was there a proclamation made by the chairmail of the number of votes cast for each candidate; was there a public statement made ? A. Yes, sir. Q. Do you recall how many votes were said to have been cast for Richardson ? A. How do you mean ? Q. Do you recall how many votes were said by the chairman of the board of inspectors to have been cast for Eichardson? A. No; I don't exactly remember, except we found this paper to-day, an old piece of paper that he had over to his office that had the returns on it. Q. Brought to whose office ? A. To the chairman of the board, Topping, it was in his office, he had brought it that night in his office jiist what they had figured on. Q. The piece of paper that you have shown me here, is that a copy of it ? A. I copied it off of that this afternoon I seen him. j Chairman Eoesch. — You claim there are sixty-eight ballots not accounted for in this one election district ? Mr. Gardner. — Yes. Chairman Eoesch. — You made this up from what paper ? Mr. Washbubne. — From the official returns. Chairman Eoesch. — You don't mean there were 239 ballots attached ? Mr. Washburne. — '■ In the attached ballot each sample ballot or eaeh ballot as attached showed how many ballots of that kind were voted. Chairman Eoesch. — Each one showed there were 239 ballots cast. , Mr. Washbukne. — No, sir. Straight Democratic ballot attached; seventy nine ballots of this kind were voted, and the straight, Eepub- lican ballot 148, straight Prohibitionist seven, straight Labor five. Those ballots are the only ballots attached to that return, so that the total number of ballots voted at that period as shown by the number of ballots attached was 239, while the statement for Governor shows there were 307. Mr. Gardner. — That there were sixty-seven ballots that we can't 107 tell whether they were legal or illegal under the Court of Appeals, whether +.hey were for Lamont or Richardson or what form they were. Chairman Roesch. — I would like to see that official return. By Mr. Pikbchberg: Q. Did Mr. Lamont receive credit on your return for every vote that was cast for him ? A. Yes, sir. By Mr. Gardner : Q. If the watchers counted the ballots that night are you able to state then that you certified all the votes that Mr. Lamont received ? A- Yes, sir. By Mr. Hibbohbero: Q. If they counted it was in addition to yours? A. I counted second; the chairman counted first. Q. It verified the truth of that count? A. Yes, sir. By Mr. Washbubne: Q. Did you count and examine all of the straight Republican tickets? A. Yes, sir. , Q. After the other inspectors had examined them you examined each and every one of them ? A. Yes, sir. Chairman Roesch. — The committee stands adjourned until to-mor- row morning at nine o'clock. Saturday, I'ebruary 6, 1892 — 9 a. m. Alexander A. Dabrow, being duly sworn, testified as follows : By Mr. Gardner : ' Q. You voted in the first district of the fourth ward last fall ? A. Yes, sir. Q. Were you present at the polls during the election ? A. Yes, sir. Q. Did you observe the electioneering by Republican workers within the poll limits ? A. No, sir. Q. Was any electioneering at all going on that day ? A. No. Q. What was your business there that day? A. Inspector of election. Q. Were the boxes during the day opened? A. -One of them. Q. At what time of the day? A. Before dinner. Q. Were you a Democratic or Republican inspector ? A. I am a Democrat. Q. Did you see Samuel Hilton around there that day ? A. Yea, sir. 108 Q. What did you see him doing ? A. He was around as a watcher. Q. Was he outside any ? A. Tes. Q. What was he doing outside ? A. I don't know what he was doing outside. Q. Why was this box opened ? A. There were three tickets put in that hadn't ought to be in it. Q. Who opened the box ? A. I did. Q. Who put the tickets in that should not have been put in ? A. Jacob Lewis. Q. Is he a Democrat or Eepublican? A. Supposed to be a Re- publican; he was elected on the Republican ticket. Q. Will you explain why it was that you opened it? Certainly; Mr. Chrystal came in and voted; I took the ticket he said he wanted to vote and put it in the official box; Mr. Lewis took the three he didn't want to vote, tore off the stubs of them and carelessly stuck them down in the official box. Mr. Chrystal made a remark " I didn't want to vote them all," and they stuck in the slot and we opened the box, lifted out the three and handed them back to Mr. Chrystal and asked him if |;hose were the three he didn't want to vote and he said yes, and we put them in the waste basket. Q. You took his word for it, those were the ones he didn't want to vote? A. Yes. Q. They might have been somebody else's ballots ? A. Couldn't have, I don't think; they weren't all the way; they were just in the slot. Q. Standing up ? A. Standing up. Q. Is that the way ballots do when they are deposited in the box ? A. Yes; they do oftentimes; if they are not in the bottom it is hard work to push them down Vithout you shake the box. Q. Do you know two voters by the name of Gable and Parkson in that district ? A. Hezekiah Parkson, I think. Q. Do you know him personally ? A. Yes. Q. Did he vote there that day ? A. I am not sure about that. By Mr. Hirschbeeg: Q. Where are the polls that you refer to ? A. Chapman Hose on South street, on the north side. Mr. HibsohbeRg.— That was the poll that was referred to last night that there was some doubt as to whether the board was Democrat or Republican. Mr. Gardner. — No. Q. This board of registry that occupied the house of the Chapman ^ 109 Hose company last fall, is it a Republican or Democratic board ? A. Dejnocrat. Q. You are positive there was nothing wrong done in this opening of the box? A. Certainly. Q. No the proper vote was taken out ? A. No. Q. And the result as declared and ascertained by the board was correct? A. Yes, sir. Benjamin B. Odell, Jb., being duly sworn, testified as follows: By Mr. Gakdneb: Q. You live in this city ? A. I do. ^. Have for some years ? A. All my life. Q. A member of the Republican State committee ? Yes, sir. Q. And were last fall? A. Yes, sir. Q. For many years you have been active in the support of the Repijiblican ticket and party? A. ■! have been a Republican all my life; yes, sir. ■ Q. In what district did you vote last fall? A. I vote in the second distri By Mr. Gardneb: Q. The chairman of the county committee lives there ? A. Yes, sir. Q. Are not there some other towns besides Tuxedo that you may have overlooked ? A. No. Q. Tou say they would average from seventy-five to a hundred dollars apiece ? A. Yes. Q. How many towns are there in the first Assembly district ? A. Newburgh, Montgomery, Tuxedo, Highlands, Cornwall, Windsor, Newbury and Bloomingrove. Q. Nine, then? A. Yes. Q. If they received from seventy-five to a hundreds dollars apiece according as you have stated, that would be something like a thou- sand dollars that was disbursed in this Assembly district by you ? A. Yes, sir. ' Q. Outside of the city of Newburgh? A. Yes. Q. Will you state whether the amount of funds which was con- tributed and received by you from the respective candidates of your party at the last election did not exceed $5,000? A. Yes; I will. By Chairman Roesoh : Q. The whole amount of money, from whatever source you received it, that was expended during the campaign did not exceed, you say, $5,000 ? A. The amount of money that I received from candidates I don't think exceeded that amount, and the State committee — f By Mr. Gabdnee: Q. From any source whatever didn't exceed $5,000? A. I may have blowed in some money myself. Q..How much, if you did? A. I don't know; those things I don't like to remember. Q. Can you approximate it ? A. No. By Mr. HiRSOEBEBa: Q. Was the amount which you have mentioned and which you have distributed in these different towns excessive, in your judgnqent, for the legitimate purposes of an election ? A. I don't think they were ; no, sir. Q. That is, the carriages, workers, watchers and services of that I 125 kind which are classed among the legitimate expenses of a campaign? A. I should think they would be. By Chairman Eoesoh: Q. Tou don't mean to be understood that in the first assembly dis- trict the sum of about $5,000 was expended? A. No; I mean to say the money that was expendied in Sullivan county, the first assembly district of Orange county and in the county of Eockland. Q. Was in excess of $5,000? A. I don't think it was; I think it was rather under. Q. The whole amount of money received by you from all sources for Sullivan, Eockland, and the first assembly district of Orange was, in your judgment about how much ? A. In that neighborhood of $5,000. Q. You expended all that you received? A. Yes; and more. Q. Probably some of your own in addition? ,A. Yes, there are always a lot of expenses that come in after an election is over, like some men whom you have had to-day ; special work in sending them off, carriage hire for yourself, and drinks, and all that kind of business come in after election ; I have them come in for two or three months after. Q. Did you go to the Sherman Club after election? A. No; never been in there since. Q. You kept yourself informed, I suppose, as to the condition of the Flower Club ? A. Naturally; yes, sir. Q. You were somewhat interested in seeing to it that it didn't exist ? A. No; I made no direct attack upon the Flower Club in any particular. Q. Send for any of the members of the Flower Club? A. No, sir; never. Q. Did you put one man in charge of the Flower Club as it were ? A. No; I had tWo or three men who were supposed to be members of the Flower Club, who were good Eepublicans, and kept me well informed as to its condition. Q. They brought you the news as to what was going on in the Flower Club ? A. Yes. Q. You didn't have them pitched out of the window in the Sherman Club? A. No; they received places of honor, of course; they would come down and tell me. Q. Did those who were in the Flower Club, ostensibly Democrats, but in your service, share in' the donation of $600 ? A. I don't know, but I presume they did. 126 - Q. You don't know whether they got more than five dollars and forty-five cents ? A. I couldn't tell you anything about it, because I don't know whether Mr. Mathews got money or whether he didn't get money; I don't know anything about it. Q. Who was Mr. Mathews? A. The gentleman who started the ball at Albany. Q. Started any balls after that ? A. Quite likely. Q. Did you have a membership list of the Flower Club ? A. No; only in this way: they would report to me that so-and-so belonged to the Flower Club. . ' Q. Would you then send a man who belonged to the Flower Club ? A. No. Q. Try to labor with him in some way ? A. No; I left that to others. Q. You got some others to persuade him of the errors of his ways ? A. They tried to. Q. Have you had^a meeting of the Sherman Club recently ? A. I believe they have had one. Q. By your arrangement? A. No, sir; I didn't know anything' about it. Q. Has the discipline machine been at work in the Sherman Club? A. Not to my knowledge. Q. Not by your orders or direction ? A. No, sir; I know nothing whatever. Q. Have you had any member of the Sherman Club expelled recently for testimony that he has given in this case ? A. No, sir. By Mr. Gardner: Q. I understand jou to say there was about $750 of this money that was disposed in Sullivan county? A. No; I didn't; I said in Bockland county. Q. How much in Sullivan ? A. , I can't tell you that. Q. You stated the amount before? A. Yes; I suppose it was the same general distribution of money. Q. How much was it there ? A. I don't know. Q. You stated before that it was about $1,000, didn't you. A. No; I didn't; I said it might have been that and might have been more; I said from $1,000 to $1,500. Q. Did it exceed $1,500? A. I should not think it did; it might have exceeded it a few dollars and might not. By Chairman Roesoh: , Q. I understand you to testify that you expended about $1,500 in Orange, about $1,000 in Sullivan, about $750 in Eockland, and $600 to the Sherman Club ? A. Yes. 127 Q. About $300 to the Eepublican club and about $300 in three separate districts in Sullivan and $1,000 in the ^st assembly district of Orange ? A. Yes. Q. A total of $5,450. Then how much was expended in the city of Newburgh ? A. I think I have gone over that once or twice; the city of Newburgh is in the first assembly district. Q. When you said about $1,000 for the first assembly district was that inclusive of the city? A. No; I don't mean to include the city of Newburgh in that; I thint you can add perhaps $1,000 to that. Q. That is $6,450 ? A. ¥es. Q. How much more do you think could be added for other matters? A. You are taking my statement there as the ultimate; I said a thousand to $1,500 in Sullivan countyiand it might have been a thousand and might have be^n $1,500 and I might have in some of these districts put less money than I did in others; approximately and refreshing my memory as well as I can, I should say the amount expended in, the districts I h'ave named, the first assembly district of Orange county, the counties of Sullivan and Rockland would be in the neighborhood of $5,000, including everything; it may possibly have reached $5,500 or $5,700, but according to the best of my recollection that was about the amount; I don't consider that I have used a dollar of this money for any illegitimate purpose; I think every dollar was honestly expended for legitimate purposes. Max E. Bastian, being duly .sworn, testified as follows: By Mr. Gardnbe: Q. At the last election were you a ballot clerk in the seventh dis- trict of the first ward ? A. Yes, sir. Q, Prior to election did you act as one of the board of registry ? A. Yes, sir. Q. Were you elected an inspector of that district ? A. No, sir. Q. In whose place did you act ? A. Frank B. Dickson. Q. You were around the polls that day more or less of election ? A. Yes, sir. Q. Do you know a man by the name of Gruinan, an inmate of the alms-house ? A. Yes. Q. During the day do you know the fact he brought there to vote a blind man ? A. Yes, Q. With a Democratic ticket? A. I couldn't say whether he had a Democratic ticket or not. Q. Did the man want to vote the Democratic ticket ? A. I couldn't say. 128 Q. Did anybody go in the booth with hitn ? A. Yes. Q. Who was it ? Andrew Dygert, an inspector. Q. What are his politics ? A. Republican. Q. During the day, did you obserVe voters come out of the booth and the Republican inspectors pretend that the ballots were not prop- erly folded; did you observe any of that going on that day? A. Several times they instructed them how to fold the ballots, the inspec- tors did. Q. Did the Republican inspectors give them any instructions as to whom to go for pasters ? A. They were told to go back and see Herman for pasters. Q. To see Fred Herman ? A. Yes. Q. After they would find fault with the ballots ? A. When they would spoil a seit of ballots. Q. The inspectors would look at the ballots? A. Partly open sometimes. Q. Did you see the Republican inspectors there at any time take ballots and look at them ? A. I couldn't say I see anything; they had them in their hands though. Q. Before they were voted ? A. The Republican inspectors took them. Q. Did you see them look at them before they deposited them in the box? A. Only the spoiled sets. Q. You have heard Mr. Dickson swear as to the way they counted the ballots there that night ? A. Yes, sir. Q. Counted them in piles separately by themselves ? A. Yes, sir. Q. And their piles only ? A. Yes, sir. Q. That is true, is it ? A. Yes, sir. Q. One inspector didn't count after the other ? A. No, sir; except the same pile. By Mr. Hibschbeeg: Q. Are you a Democrat or Republican ? A. Democrat. Q. Did you see anything wrong there that day? A. Well, I don't know. Q. Anything that you know to be wrong ? A. I suppose it was wrong, what he asked me. Q. What was it he asked you that was wrong ? A. About gojpg to the booth with a blind man. Q. With that exception, did you know of anything wrong that was done ? A. I couldn't say whether it was wrong or not. Q. If there was anything wrong done there, what was it; did the inspectors count wrong so far as you know ? A. No, sir. 129 Q. Anything to indicate that they did ? A. I couldn't say. Q. The tickets they looked at were spoiled tickets ? A. Yes. Q. These men who came there with pasters and had put them on all the ballots and spoiled the ballots ? A. They would put them on the outside of the ballots sometimes. Q. Had to go back and get other pasters and prepare another set of tickets ? A. Yes, sir. By Chairman Roesoh: Q. What was this blind man's name ? A. Patrick Cahill. Q. Did Tygert go inside the booth with any other voter but this blind man ? A. No, sir. Q. That was the only instance in which Tygert went in the booth with a vdter? A. Yes. ' Q. Did the blind man take an oath he was physically disabled ? A. Yes. Q. Did he say anything as to what ticket he wanted to vote ? A. No. Q. Did he make any remark ? A. No. Q. You don't know whether Tygert did or did not assume to change the blind man's vote ? A. I couldn't say. , Q. Has there been any change of that kind made on election day ? A. Only that Dickson objected to him going in because he was an inspector at the time. Q. Tygert was the Republican inspector ? A. Yes, sir. Levi Lindlbt, being duly sworn, testified as follows : By Mr. Gtardner: Chairman Boesch. — I want to make a suggestion to you in the interest of speedy hearing and speedy decision of the case; I find it is advisable where the evidence consists of record evidence for counsel to attempt to get together and agree as to what the record is and shows. You can often .get together on a statement that the record desired to be introduced shows where were so many votes cast, of which Richardson received so many and Lamont so many, and that will do away with the necessity of keeping the county clerks here, do away with the necessity of keeping the records here and it will aid the record of the case as well. If you can agree upon such a statement. Mr. Gaednee. — We want to offer these returns in evidence for this purpose; to show the defective character in some of these districts. If the counsel will admit that these returns -are genuine and we can offer them in evidence if the clerks will leave them in the custody of the committee. 17 130 Chairman Roesoh. — That can be done just as well. Mr. O'Neil.— We will admit they are genuine. Q. You live in Port Jervis ? A. Yes, sir. Q. And voted there at the last election ? A. Yes, sir. Q. In what ward and what district ? A. Ninth ward. Q. Of what district ? A. Ninth election district. Q. About the polls all day more or less ? A. Yes, sir. Q. Did you observe anything wrong occurring there at the polls that day, if so state what you saw? A. I was around the polls all day; I saw two Republican workers go towards Jersey avenue and I was satisfied there was a job being put up; that is what I am always watching for in our ward; what it was I didn't know but I kept watch; I saw a man come from that way with voters. Q. What man ? A. Theodore Weiss. Q Is he a Republican worker? A Yes, sir. Q. With a couple of voters? A. I saw him come and go a great many times from his place of business. Q. What sort of place of business has he ? A. He keeps a diinking- house. Q. How far is it from the polls ? A. About a quarter of a mile, eighth of a mile. Q. You saw him coming from the polls to his place of business with men, voters ? A. Yes, sir. Q. All day ? A. All day. Q. Will you mention the names of any of the voters, particularly, that you saw him coming with? A. I saw him come with a great many; I can't mention so awful many names, only I know them all. Q. About how many in your judgment did you see him with that day? A. I should judge from twenty-five to thirty different ones. Q. The ones with whom you saw him that day were they purchasable voters ? A. Yes, sir. Q. How do you know they were purchasable voters ? A. I knew them for a good many years as voters. By Chairman Roesoh: Q. Did you ever buy them yourself ? A. Not since the new ballot reform law. By Mr. Gardner: Q. You knew it was the general reputation they had? A. Yes. By Chairman Roesoh; Q. Did others buy them for you? A. Np, sir; there wasn't one cent used in our ward by the Democratic party to buy voters. 131 Q. Who were some of these men; state what you saw of the most interest? A, I saw two men by the name of Hermon; I saw a man by the name of Williamson; I saw a man by the name of Bennet, and I saw a gentleman by the name of Dotter, and I kept watch of it until 3 o'clock in the afternoon. Q. What, if anything, occurred in regard to the man Dotter that you saw ? A. I knew he was a good Democrat, and I didn't think no man could buy him ; when he came out I tapped him on the shoulder and asked him what he took that money for ? Q. From whom? A. Mr. Theodore Weiss; I didn't see him give the money, only I was satisfied he got it; he says, " Don't say nothing," and he pulled this money out of his pocket and held it in his hand; I says, "Is that what you. got; didn't you get no more than that? He says, "Yes, I done better than that, I paid a three dollar bill and had two dollars left." I says, " You are the man that I want, I have been watching for this man all day.'' I took him up to find a justice to have this man arrested, and it was pretty bard to find a justice and I went to Judge Crane; I got proceeding made out against this man; it was late in the afternoon and thfey had him arrested the next morn- ing, this Weiss. By Chairman Eoebch: Q. On what charge did you have him arrested ? A. Paying money for votes, buying votes; the Republicans were a little bit too'smart, they got this man Dotter away and we couldn't find him the next morning. Q. What became of the case ? A. It was adjourned until the next Saturday; I couldn't see the gentleman the next Saturday, so it was dropped there. By Mr. Gardner: Q. Dotter is here now ? A. Yes, sir. Q. In the room ? A. Yes, sir. Chairman Robsoh. — You had better close the door. Q. This man Weiss was more or less all day talking with these pur- chasable voters ? A, He done the business there while he went back to his place and chuck some in his back yard; I couldn't see him pass no money around, only I was certain the men he was working with, that he was paying money and 1 kept right on his track, that was my business. Q. You say he took some of them in his back yard; was that before or after they had voted ? A. Before. 13i By Chairman Eoeboh: Q. Where did he take them after they voted ? A. They went one way and he went the other. Q. You don't believe he paid them before they voted, do you ? A. He couldn't get those parties unless he did. Q. When he would go with them toward the polls, how far would he go? A. He would go inside the building. Q. Inside the polling place ? A. Yes. Q. Inside of the rail? A. No, sir; I think not. Q. Near the booth ? A. I didn't see him go inside the rail. Q. He did that on many occasions, did he? A. Good many pcoasions. By Mr. O'Neil: Q. What district and what ward did you work in that day? A. Ninth district. Deer Park. Q. No wards there ? A. Ninth ward, ninth district. Q. Where is Mr. Weiss's store with reference to this district? A. Mr. Weiss's hotel is on Jersey avenue. Q. A quarter of a mile ? A. I think about an eighth of a mile, as near as I can remember. Q. On the same street ? A. On Jersey avenue. Q. Where was the polling place, on that avenue 1 A. On Seward avenue: Q. On a different street ? A. Yes. Q. You saw his hotel from the polling place ? No, sir; you can see to Jersey avenue. , Q. You couldn't see his hotel from the polling place ? A. No, sir. Q. What time were you there in the morning ? A. I was there from the time the polls opened until I had this man taken up town about 3 o'clock. Q. Your special business there that day was to watch Mr. Weiss 1 A. That was my business; I was there to see everything went along legally. Q. Were you paid for being there ? A. No, sir. Q. Who requested you to go there ? A. Myself. Q. When did you commence to watch Mr. Weiss to see everything went along legally ? A. When I saw two Eepublicans go toward Jersey avenue, 0. P. Howe and Steve Dubois, and I knew there was a job put up. Q. And from that time you watched Mr. Weiss ? A. Yes, sir. Q. Did you see them with Mr. Weiss ? A. No, sir. 133 ' Q. Do you tnow where they went to? A. No, sir; I do not. Q. Tou didn't follow them ? A. I followed them a ways. Q. Do you know they saw Mr. Weiss ? A. I ain't positive. Q. You^ didn't see them with Mr. Weiss that day ? A. No. Q. Who was the other gentleman besides Mr. Howe? A. Mr. Dubois. Q. Mr. Howe ia a lawyer there ? A. Yes, sir. Q. It is not an infrequent thing to see him, you saw him almost daily ? A. Saw him more times election day than any other. Q. Because you are around more election day ? A. That is it. Q. What is your business ? A. Locomotive engineer. Q. Then you are not in Port Jervis very much ? A. Every other day. Q. Where is your run ? A. Port Jervis to Jersey City; I run the Orange county express. Q. That leaves Port Jervis at what time ? A. Half -past 6 in the morning. Q. Eeturns what time 1 A. Seven thirty-four. Q. When you saw Mr. Howe and this other gentleman making toward Jersey avenue, that is the time you commenced to watch Mr. Weiss? A. No; after they went away I knew there was something going on. Q . Then you commenced to watch Mr. Weiss ? A. When I saw him coming with voters. Q. What time was that in the day ? A. Somewheres along in — I couldn't say positive, exactly the hour. Q. In the morning ? A. Yes, sir. Q. You watched him as closely as you could all day; you were on his scent all day ? A. I was pretty close to him. Q. Made that your special business ? A. Yes. ' Q. Had nothing else to do ? A. Nothing else to do. Q. Didn't pay attention to anything else ? A. I was looking arounfJ. Q. Who did he have when he came there the first time, 9 o'clock ? A. I couldn't say positive. Q. Did you know the men ? A. I knew all the men that came there with him. Q. Who were the first two men that you saw with him that you were watching so particularly ? A. It is very hard to tell which was the first two, because he brought so many; I couldn't tell that. Q. You stated one man he bought, Mr. Dotter; what other men did you see with Mr. Weiss that day ? A. I saw two of the Hermons. . 134 Q. Who were the Hermous 1 A. Young German men; one of them was an old man, and the other a youBg man, and thej^ always sell their vote. Q. How do you know ? A. I know very well. Q. Have you bought them ? A. Yes, sir. Q. A number of times ? A. Yes, sir; before the new ballot law. Q. You wouldn't buy them now ? A. No, sir. Q. Because you are afraid of the ballot law ? A. I made up my mind I wasn't going to buy any more votes, several years ago. . Q. When did you quit ? A. Some time ago. Q! You quit when the new ballot law came into effect ? A. Yes, sir. Q. Because you were afraid of the penalty imposed; that is why you quit, wasn't it ? A . No, sir. Q. That was one reason, wasn't it, because you were afraid of the penalty that it iccurred? A. No, sir; I wasn't afraid of that at all. Q. Why did you quit at the time the new ballot law came into effect ? A. Because I thought we were going to have an honest elec- tion, and I was very glad the law had passed. Q So you could quit? A. Yes, sir. Q. Then you reformed? A. Yes; I felt in hopes some of the Repub- licans would, too, in Deer Park. Q. When you saw these men going down street — Howe and this other gentleman — you thought something was up and there would be a return to the corrupt methods; did you see Mr. Howe again that day ? A. Yes, sir. Q. Where ? A. At the polls. Q. What other gentlemen were there at the polls with you that day; what other Democrats? A. There were several. Q. Several Democratic workers there? A. They didn't work a great deal. I Q. What were they there for ? A. They were there to watch. Q. Watch what; see that no injustice was done ? A. Yes." . Q. And DO votes were bought? A. See that there was no illegal work done. Q. They attended to it as closely as they knew how ? A. Yes. By Chairman Eobsch : Q. Who carried that district? A. The Democratic party. By Mr. O'Neil: Q. By what majority ? A. Eighty-six, I think. Q. Was that the usual majority '( A. No, sir. Q. Little more ? A. No; 135 Q. How much less ? A. If tUoiu wasn't no illegal vote — Q. No. A. I think T can answer that; if there was no illegal work done there and the vote was cast, there would be 125 majority there. Q. What is the usual Democratic majority? A. That is according to what vote you get out. Q. What is the usual Democratic majority ? A. The way we have got it canvassed it ought to be 200, if there was a legal vote. Q. What was the usual Democratic majority in that district ? A. The districts have been changed. Q. Since the districts have been changed, what has been the ordi- nary Democratic majority? A. This was the first election. Q. Then it was a new district? A. Yes. Q. You don't know what the ordinary majority was? A. I know by the canvass. Q. Nothing to compare it with; how can you compare this if it has been reorganized since the last election ? A. The way we know we canvass the district. Q. This is a new district '? A. Yes. Q. You never canvassed that before ? A. Yes, sir; we canvassed it last fall. Q. You never canvassed before last fall ? A. Not that district. Q. Then you have nothing to compare it with ? A. Only the canvass we take. • By Chairman Koesch: Q. What you mean is you made a canvass of the voters at the last election and by the information you had in the course of that canvass you expected the same majority. A. Yes, sir. Q. Didn't get it ? A. No, sir. Q. Do you know whether Mr. Richardson has run before for sena- tor ? A. I believe he has. Q. Isn't it a fact he run ahead of his ticket in that district at the time he run before ? Mr Gabdnbr. — That wasn't the district at that time. Chairman Koesoh. — I understand the general drift of the point, the mere fact the districts were changed probably didn't change the public sentiment that may have existed in that territory. Q. Isn't it a fact Mr. Richardson ran ahead of his ticket in the ter- ritory covered by this district when he ran two years ago last fall ? A. There were very good causes for it. Q. Give us the fact? A. I couldn't say positive as to that. Q. Some disaffection there among the Democrats in regard to Mr. Lamont's nomination ? A. No, sir. 136 Q. Isn't it the fact the choice of the Democratic party of Deer Park was George W. Green for senator? A. No, sir; I think not. Q. Were not the delegates "from that town in favor of Mr. Green? A. I was not a delegate; I couldn't say. Q. Wasn't there a strong sentiment there in favor of Mr. Green as a nominee of the Democrat party for senator last fall ? A. I think not. Q. Are you posted upon that question ; isn't it a fact some of the leading Democrats there were so much incensed over the nomination of Mr. Lamont that they were lukewarm in the canvass ? A. No, sir. Q. Do you say that isn't so ? A. Not in our district, I know. Q. In the town, in the village of Port Jervis ? A. I generally work in the ninth district. Q. You don't pretend to know much about the rest ? A. I don't run around from one district to another; of course, I know how things stand generally. Q. State what other Democrats worked in that district besides your- self were there guarding the polling place to see that no injustice or frauds were perpetrated ? A. One by the name of Ed. Snook. Q. He is a worker and a Democratic politician ? A. He is always around. Q. Who else.? A. There were several Democrats around there. Q. You are familiar with the names of your Democratic associates in that district: Mr. Snook is one: who fire the others? A. There were several there on and ofE all day; Mr. Cole was there. Q. He is a Democratic worker and a politician ? A. Yes, sir. Q. Sharp, shrewd man ? A. Yes, sir. Q. Who else ? A. There was a Vannay there; he was around the polls off and on different times through the day. Q. Who else ? A. A man by the name of Lewis Oakley; he was there off and on. Q. Who else ? A. George Johnson. Q. He is another Democratic worker? A. Yes. Q. What other name? A. A good many; I don't know as they worked; they were just the same as me standing around; I didn't work any. Q. They stood around ^o see there was no corruption, or no votes bought, or no injustice done to the Democratic candidates ? A. That is what I was there for. Mr. Gakdneb.- - We will admit all this. Mr. O'Neil.- -I don't want you to admit anything; I want to prove it by your own witness; that is stronger than your admission. Q. In the morning about 9 o'clock you saw Mr. Weiss coming up 137 with the two Hermans? A. It might have been 9 o'clock; might have been a little before or a little after. Q. And that aroused your suspicions still more, did it not? A. After I saw some moves. Q. What moves did you see between Mr. Herman and Mr. Weiss ? A. I knew they wouldn't be with that man. Q. I ask you what you saw not your \ supposition, what you saw improper pass between these Hermans and Mr. Weiss ? A. I saw him come from his place with these two gentlemen that were Democratic voters, and I knew he hadn't ought to have them. ■ Q. What did you see that was improper except his coming up there with them; you saw him pay them no money? A. No, sir. Q. Saw nothing improper except what you have stated, that you saw these Hermans come toward the polling place in company with Mr. Weiss ? A. I can prove he paid him money. ($ Did you see him pay any money ? A. No, sir. Q. Did you see anything improper other than you have stated ? A. No, sir. Q. Did you see them vote ? A. Yes, sir; I saw them go in. Q. Tou don't know what ticket they voted ? A. No. Q. These Democratic workers all stood there when they came up to watch and guard the polls ? A. They were around. Q. You saw nothing to make any complaint of; did you? A. Yes, sir. Q. Did you make any complaint then ? A. I made a complaint on Mr. Weiss. Q. Did you, at that moment, when he came up there with the Hermans ? A. I called the inspector's attention to it. Q. What inspector ? A. Patrick Burns. Q. Is he a Democrat ? A. Yes. Q. What else did you do? A. I kept track of this man; I was watching him to see if I could catch him paying money. Q. You didn't catch him ? A. I saw some money he paid out. Q. I am talking now of the Hermans ? A. Yes, sir; I didn't see him pay the money to Mr. Herman, only I got evidence. Q. Did you see anything other than what you have stated ? A. No, Sir. Q. You called Patrick Burns, the Democratic inspector's, attention to watch him closely? A. Yes, sir. Q. To see that no fraud was perpetrated ? A. I told him I believed this man was doing something wrong. 18 138 Q. And you wanted him to watch to see that nothing wrong was done; wasn't that your purpose in telling Mr. Burns ? A. Yes, sir. Q. Did he report he saw anything wrong? A. He told me liiings looked bad on their part. Q. Did you hear any report that day that any fraud had been per- petrated by the Hermans or by Mr. Weiss to the Hermans? A. Yes, sir. ' Q. What was it? A. I found a friend of Mr. Herman. Q. I am asking what you saw and, heard there at the polls? A. You asked me if I saw anything; I told you that I didn't see him give him no money but I was satisfied in my own mind that he had received money. Q. Would you be willing to swear to that; that they received money? A. No, sir. Q. Then you don't know whether they did or not; it is only a sup- position in your mind ? Chairman Eoesch. — He has answered that. Q. Who else did you see come to the polls with Mr. Weiss ? A. I saw a good many. Q. You told your associates in the morning about your suspicions of Weiss? A. Yes, sir. Q. That you thought theire would be some corruption; that Mr. Weiss was going to do something; some injustice to the Democratic candidates and you called the attention of your associates ? A. Yes. Q. You watched all day and your associates watched all day ? A. I don't know what they did. Q. Did you see Mr. Weiss give a single voter a dollar" or a cent or any money that day ? A. I told you it was done in such a way I did not see him give any money. Q. Did any of your associates see Mr. Weiss give any voter any money that you know of? A. No, sir; it was impossible to see it. Q. You don't know Mr. Weiss paid a cent to any one that day ? A. Yes, sir; I know in my own mind he did. Q. I am asking you what you know of your own knowledge ? A. I didn't see him do it. Q. You can't swear that he did ? A. I don't know. EioHAED GiLDEBSLEEVE, being duly sworn, testified as follows : By Mr, Washburn : Q. You are the county clerk of Sullivan county ? A. Yes, sir. Q. Have you the original returns of the election held last Novem- ber ? A. Yes, sir. ' 139. Q. Will you select the returns for the second district of the town of Bethel ? A. Yes, sir ( producing same). Q. The second district of the town of Fallsburg and the first dis- trict of the town of Liberty and the second district of the town of Liberty, third district of the town of Liberty, fourth district of the town of Liberty; third district of the town of Eockland, fourth dis- trict of the town of Rockland; first district of Mamakating, second district of Mamakating; second district of Neversink; second district of Thomson, first district of Thomson, third district of Thomson, fourth district of Thomson ? A. Yes, sir ( producing). Q. Did you bring all the returns? A. I did; those are the ones that you gave me a list of in Albany. Q. As I understand you these are the returns as canvassed by the board of county canvassers, when were they filed in your office ? A. November thirteenth. Q. Did you receive as county clerk of Sullivan county official ballots which had not been delivered ' to voters, required by law to be returned to you the day after election in a sealed pack- age ? A. The official ballots not voted returned by the ballot clerk back to the county clerk; yes, sir. Q. Are they still in your office ? A. They are not. Q. What was done with them ? A. They were burned after the board of county canvassers got through with their work canvassing the vote. Q. How soon after ? A. About a week or ten days, I think. Mr. Washburn. — I desire to submit these returns in evidence. Chairman Robsch. — I suppose you do not wart any more than simply that portion that relates to the senate vote; is that so ? > Mr. Washburn. — I wish them all; the entire returns. Mr. HiRsoHBBBG. — Why not let the county clerk send a statement of those returns ? That will answer every purpose. Chairman Roesch. — We have in our possession now the returns from other districts in other contests, what is your object in asking for any other portion of those returns than the senate vote ? ^ Mr. Washburn. — Simply because it is necessary in order to judge of the credibility of these returns to have the entire return before you in order that you may compare the general statement of the canvass with the ballot^ attached to the return, if there are any. Mr. Gardner. — Which can not be done conveniently. Mr. Washburn. — It is a matter of enormous labor to make an abstract from those returns. .140 Chairman Koesoh. — I think while we are talking about it here one return could have been finished. We could have dictated to the stenographer the condition of one return. Mr. Wabhbuen. — Our intent was to put these in evidence and leave them in the custody of the committee. Chairman Eoesch. — While I see these returns and during the time the committee has possession of them the other members of the com- mittee can see them, we can have these returns on file all the while for the inspection of the whole senate. This case will be printed, and you ought to make these returns part of the record so they can be printed. Mr. HiRSCHBBEG. — We know nothing about what points are to be raised on the returns. Mr. O'Neil. — I think they should state the purpose of the order. Mr. Washbdrn. — We are prepared to do that; we are ready to do it; I have only offered to do it by this method to save the time of the committee. Mr. Gardner. — I was going to suggest to the counsel and to the committee that we have a memorandum here of the statement of the canvass in the several districts the returns of which we put in evidence; if the clerks could examine this memorandum and certify to its correctness that will dispose of the whole question. Mr. O'Neil. — That is a simple way. Mr. Gardner. — They can take it home with them. Chairman Roesch. — You have remarks here of your own? Mr. Washburn. — Yes; if you decide upon that method of procedure I will furnish these gentlemen with blanks that they can fill. Chairman Roesch. — Have you the same as to the other return ? Mr. Gardner. — Yes. Chairman Roesch. — Why not do this; why not hand a copy of this abstract to the other side; give the other side an opportunity to verify your figures and your exhibition of the condition of the returns and if both sides agree, all you would have to agree of course, would be as to the actual condition of the returns, I mean the committee ^ould not by that do any more than simply to allow this agreement to go into evidence as exhibiting the condition of the return, leaving to argument whatever may be the effect of that 'condition of the returns. * Mr. 0'1!Ieil. — If the clerk will verify that. Chairman Roesch. — Let him retire somewhere and look it over and verify his portion of the returns, if not, let him take this with him and do it at his leisure. 141 The Witness. — I would rather take it with me and make a certified copy of what portion is called for. Chairman Eoesoh. — I don't quite understand what you are driving at. Mr. Washbuen. — Take the third district of Mamakating. Mr. Gaedneb. — If counsel will agree on this there is no necessity of the clerk doing this. Chairman Eoesch. — Give us an example. Does this show what you want to show ? Mr. Washhuen. — Yes, sir. Examine the ballots attached to that rOTurn and you will find a straight Democrat ojfficial ballot. Chairman Roesch. — No. Mr. Washbuen. — Do , you find a straight official Republican ballot 1 Chairman Eoesoh. — No. Mr. Washbuen. — Do you find a paster ballot in each case ? Chairman Eoesoh. — I should correct my answers. I find a straight Democrat ballot and a straight Republican ballot. Mr. Washbuen. — Official ballots, as delivered to the voters ? Chairman Roesoh.— I hardly think so, because it doesn't seem to me to be of the size required by law. Mr. Washbuen. — Don't they seem to be paster ballots ? Chairman Roesoh. — I wouldn't say that. I would rather say that they were official ballots trimmed down. Mr. Washbuen. — That condition of these ballots attached I should wish shown upon any copy that this witness makes. Chairman Roesoh. — That can be shown. Tour statement would show that attached to the last sheet of the supervisor's return of the third election district of the town of Mamakating, in the county of Sullivan, has attached to it a sample ballot, the official ballot being that of the Prohibition ticket, and the sample ballot being of the Democratic and of the Republican party. Mr. Washbuen. — I should wish to show it was not in any case the official ballot as the law requires to be delivered to the voter. Chairman Roesoh. — A statement like that would show it. Mr. Washbuen. — If the county clerk will make up a statement as to each of the districts named, and counsel on the other side will admit the condition of the returns, as shown by this certified copy, it will be entirely satisfactory to us. Chairman Roesoh.— The inspectors in this case wrote on the sheet of paper inside, each individual name of each candidate upon what you say is the sample ballot, the number of votes which that candi- date received, whereas the object of the return was simply to require 142 the inspectors of election to state how many ballots of that particular kind were cast. Mr. Washbuen. — As a unit. Chairman Eoesch. — If you can possibly agree on it, of course it would shorten our work. Mr. HiESOHBEKG. — There is a difference of opinion between the counsel for the contestant and the counsel for the sitting member as to the effect of these irregularities. We claim they must show more than an irregularity, that the vote was different. Mr. Washbuen. — I apprehend we don't need to argue this case noyr, it is a question of evidence as to the condition of this return. Sub- sequently we shall have something to say as to the effect of that condition. Chairman Eoesch. — The proposition now is, the cpunty clerk shall take these returns with him, together with the portion of them that you have prepared and shall verify it and return it and that then shall go in place of the original exhibits here. Mr. Washbdkn. — We are satisfied with that. Mr. HiESCHBBKG. — Not oxactly that. These are in evidence and can be used on the argument by anybody; this statement is for con- venience sake to be used upon the trial. When we come to the trial we can bring out these and show them to the committee and use them. Chairman • Eoesch. — ,Certainly. Mr. HiEscHBEBG. — We want to produce proof before the committee as to /what the facts are behind these returns. Chairman Eoesoh. — I want to say that the county clerk would be fully protected by leaving these returns in the hands of the com- mittee, the sergeant-at-arms of the committee would take charge of them. Mr. HiEscHBBEG. — Can we get them to look at? When they close their case we may want to examine the returns ourselves. We don't know what these returns show. Chairman Eoesch. — I am willing the returns should remain in the hands of the committee until the conclusion of the case, but there muBt be a time when these returns must be embodied upon the record of this case so that the Senate, when the report of the com- mittee, whatever it may be, comes before the Senate for action, will have before it, as near as may be, in just the shape in which I have before my eyes these returns now, my object being to put the whole Senate, as near as I can, in as full possession of the condition of these returns as I am now by looking at them, by having them here. 143 Mr. Washburn. — They remain in the hands of the sergeant-at-arms until the report is presented ? Mr. HiEscHBEKG. — Why can't either side ask the county clerk to certify to the following things. I will agree to that. Chairman RoBSCH.^Let the other side go to the coanty clerk and have the county clerklof Sullivan county certify to the following as part of their case. Mr. Washburn. — That is satisfactory to us. Chairman Eoebch. — Let the county clerk of Sullivan county take these returns away with him, together with the abstract you have prepared, and if he finds that is a truthful abstract of the condition of these returns he will so certify and we will use that as your case. When you come to ask him to certify that sample ballots are attached there may be a difference of opinion. Mr. HiRSCHBEEG. — Then you may have t9 send for the record. By Chairman Eobbch: Q. Can jou tell me what these are, whether they are sample or official ballots? A. I could, part of them; I prepared the official ballots. Q. You prepared some sample ballots also ? A. Yes. Q. You know what color the official ballots were ? A. Yes, sir. Q. And what color the sample ballots were ? A. Yes, sir. Q. Can't you tell by the color ? A. Yes, sir; those that are cut down are the official ballots, but the other ballots that are on I should judge were not. Chairman Koesch. — We had better swear him, however. It is agreed that the -several returns to which the county clerk of the county of Sullivan has testified on the stand and which he has pro- duced are in evidence. It is understood that each side in thej contest may make part of the case as evidence such certified transcripts of the records of the office of the county clerk of Sullivan county as they may choose to offer. Mr. HiKSOHBERG. — I ofEer in evidehce the balance of the returns of the county. Charles G. Elliott, being duly sworn, testified as follows: By Mr. Washburn: Q. You are the deputy county clerk of Orange county ? A. Yes, sir. Q. Have you with you all the returns of Orange county as canvassed by the board of county canvassers? A. No; I have with me the returns that were filed on the sixteenth of November. IM Q. What returns wete filed on tbe sixteenth of November? A. The returns the supervisors produced. Q. Those were the returns canvassed by the board of county can- vassers ? A. Presumably so. Q. You have a return filed upon the sixteenth day of November and canvassed by the board of county canvasbers and ^uch a return for each election district in Orange county ? A. Yes, sir. Mr. Washbubn. — We submit the returns, all of them, in evidence. By Chairman Koesch: Q. These returns ■which you have produced here are all the returns of Orange county? A. No, sir; there has been some misunderstand- ing between the board; I contended the returns filed with me on the day succeeding the election should be produced before the board of canvassers which I have always done; those are filed on the fourth of November. Q. These are the returns that were filed on the sixteenth? A. Yes; by the supervisors at the time of the canvass. Chairman Koesch. — I understand you to offer in evidence not merely those filed on the sixteenth but those filed on the fourth as well? Mr. HiKSCHBEEG. — Ycs. Mr. Washburn. — I don't care anything about those filed on the fourth. Chairman Roesch. — It is agreed the return's filed on the sixteenth and those filed on November fourth with the county clerk and with the board of supervisors, acting as a board with county canvassers are evidence in this case. By Mr. Washburn: Q. Have you ,also with you a record of the proceedings of the board of county canvassers ? A. Yes, sir ( producing ). Q. This is an account, as I understand it, of all the proceedings of the board of county canvassers •? > A. Yes, sir. Q. Including all statements filed with the board as statements ? A All the proceedings; of course, there was a contest came' up in regard to filing a certain protest, as to what it should be' called. Q. Includes all statements filed with the board of county can- vassers as statements ? A. Yes, sir. By Mr. Hieschberg; Q. Includes Mr. Lamont's protest ? A. Yes, sir. Mr. Washburn. — We offer that in evidence. 145 Mr. HiRSOHBEEG. — We will take an objection to the filing of the protest. By Mr. Washbubn: Q. Was this statement or protest filed by direction of the board of county canvassers? A. As a statement. Q. Filed by their direction? A. Yes, sir; incorporated in the proceedings of the board. By Chairman Eoesoh: Q. In the proceedings of the board mention is made of the filing of the protest? A. And protest itself. ' By Mr. Gardnee : Q. Certified fully in this paper ? A. It is the original itself attached. Q. ¥ou made a certified copy for Mr. Gardner ? A. I did. Mr. Gardner. — IJhat we will offer in isvidence. IMr. HiRSOHBERG. — This is offered in evidence but the other is used in its place.^ Mr. Washbukn. — Yes. Chairman Eoesch. — There is offered and admitted in evidence the proceedings of the board of county canvassers of Orange county, filed November 16, 1891. It is agreed an exemplified copy of these proceedings may hereafter be used in the case by the contestant instead of the original itself. By Mr. Washburn: Q. As county clerk you received from different election districts, or ballot clerks, the ballots not delivered to voters ? A. Yes, sir. » Q. On the day following election, are they still in your office ? A. They are, sir. Mr. Gardner. — This agreement in reference to Sullivan county exists also to Orange. Mr. HiRSOHBERG. — Yes. Chairman Eoesoh. — It is further agreed counsel may offer in evidence certified copies of returns, or contents of returns from the county clerk of Orange county instead of the original. By Mr. Hibschberg: Q. You have been county clerk prior to your present appointment as deputy in Orange county ? A. Yes, sir. Q. County clerk the last three or. four years? A. Yes. Q. Have been deputy oeunty clerk in prior years ?j 'A; Yes. 19 146 Q. Been connected with the clerk's office for a great many years ? A. Tes, sir. Q. Some question has been raised upon this contest in reference to the return of split tickets. Do you know what the practice has been in this county in the different districts on that subject ? Mr. Gardner. — We object to that. Mr. Washburn. — We have raised no question on that. Mr. Hirsohbeeg. — I want to prove there is issue by the law, there are two ways of doing it; some return and some do not return it. Mr. Washburn. — The question between us is the requirement of law. Chairman Eoesch. — That is afterwards a matter of argument any- way; you claim they should have attached the split ticket; whether they should or not is not yet clear to my mind as a matter of law; I don't know but what you are right about the law, but the other side have a right to show as to what the custom may have been; but of course I will say, as I think, the other side will admit as lawyers that if the custom has been for some time to deliberately violate the law, that wouldn't do away with the law. Mr. HiESOHBBRG. — That isn't my point; I claim this but will claim upon the argument, we concede for the sake of argument that the law requires every split ticket to be returned. Mr. Washburn. — We don't claim that. Mr. Hirsohbeeg. — Or at least that every split ticket of a certain kind should be returned, that is, if there are five or six kinds of split tickets, one of each should be returned; I say that has nothing to do with this contest unless the failure is a result of fraud. Chairman Eoesoh. — Unless it vitiates it. Mr. HiRscHBERG. — Yes; I want to say the practice has prevailed in certain districts to return them and some districts not to return them, and there is a question comes up every year whether it is right or wrong; and the failure to do it is ignorance of the law. Q. How is it, Mr. Elliot? A. Oh, yes; there is a contest every year; some return them and some contend they should return nothing but a straight Democratic or Eepublican ballot, while others occasionally attach all the split ballots. By Chairman Koesoh: Q. Has this matter ever come up to your knowledge for a ruling upon it by the board of supervisors, or county canvassers, or by any court ? A. Not by any court; the board have a contest more or less every fall over the question ; have for many years. 147 Q. Have they had a ruling about it ? A. No; they finally approved the returns. By Mr. Hiesohbbkg: Q. The county canvassers have approved the returns without the return of the split ballots ? A. Yes, sir. By Mr. Washburn : Q. Have they ever sent them back to have the tickets attached ? A. They did last fall. Q. And a year ago last November, did they do that then? A, My impression is not; they talked about it, but I think they finally passed the returns. Q. Have you a record of the proceedings of the board of county canvassers for a year ago last fall in your possession ? A. They are all recorded. ' Mr. Washburn. — I ask you now for a certified copy of those proceed- ings and that we shall desire to submit in evidence to show notice had been given by the board of county canvassers of this point in previous years. Chairman Eoesch. — What difference would that make if that be the law; wouldn't it be the law whether any citizen knew of it or not ? Mr. Washburn. — ^Yes; but they seek to prove custom. Mr. Hirschbeeg. — We offer it simply for the purpose of showing if there has been a violation of law it wasn't done with the intention of defrauding any candidate out of his vote. Mr. Washburn. — It might go to show the good intention or other- wise of the inspectors. Mr. HiRSCHBERG. — If every return is irregular in the county of Orange and Sullivan, but still expresses the actual vote which was cast for these two candidates, the fact that they were irregular in their returns doesn't elect Mr. Lamont instead of Mr. Bichardson. That is a plain statement of my point. Mr. Washburn. — We are through with this witness. George W. Sayre, being duly sworn, testified as follows : By Mr. Gtardner: Q. Where do you reside ? A. Warwick. Q. Are you the supervisor of that town ? A. I am. Q. Have been for some time ? A. For the past six years. Q. Do you recall the circumstance, when before the election last fall a few days that you were called upon by two colored gentlemen with reference to their votes ? A. I do. 148 Q. Who were those colored men ? A. I did not know them. Q. Wherte did they claim they lived ? A. Claimed they lived in thfe town of Chester. Q. What did they represent to you or say to you ? Mr. O'Neil. — We think that is improper and incompetent, what two men said to Mr. Sayre the day before election. Mr. Gaednee. — They were voters and members of a club and we will follow the proof up and show it is very proper and material. Mr. O'Neil. — Whatever declaration they made is not binding upon us. Chairman EbESCH.^ — I will allow the evidence. Q. Tou were a candidate for sheriff ? A. Yes, sir. Q. On the democratic ticket? A. Yes, sir. Q. What did they say to you ? Mr. O'Neil. — We object to the testimony and except. Chairman Eoesoh. — Note the exception. The Witness. — They told me they were from the town of Chester; that there were a number of colored voters there and they asked me what I could do to help them and they said they had been offered some- thing from the Eepublican party; they didn't tell me who; I told them I had no money to buy votes; I gave them no encouragement and they left me. Q. Did they say they had or would organize into a club ? A. I am not clear on that subject; I know I got the information from some source; I am not clear whether I got it from them or some one else, but it is my impression they told me they were about forming or had formed a club there, or in Chester at some man's house; they told me the man's house. Q. A man by the name of Redner ? A. I think that sounds familiar, but I won't swear to it. Q. You think that was the name ? A. I think so. Q. Did they mention the number of members in the club ? A. They did not. Q. Did you within a few days before election have a conversation with Mr. Richardson on the subject of election? A. I met Mr. Richardson at different times on campaign tours, as he was and myself also. Q. Did you meet him in this city? A. I did. Q. Do you recall any particular conversation that you had vrith him here on that subject of election ? A. A few days before election I think it was, one night when there was a meeting at Highland Falls, I am not positive, but I think that was the night; it was about that 149 time, at any rate, I met Mr. Richardson in the Merchants', Hotel, about eleven or twelve o'clock, I don't remember just the hour, but it Vf as a pretty late hour, and Mr. Eichardson says to me, " If you see anything irregular in your town that is in my interest you must keep your hands off," intimating it would be to my interest to do it; I said I was too good a Democrat to do anything else but vote and work the straight ticket, and I should do all I could in my power to elect it; that is about the substance of the conversation. By Mr. O'Neil: Q. You say these two colored men called upon you, did you know them ? A. I did not. Q. Don't you know who they were ? A. No, sir. Q. Never found out ? A. Yes, I found out, but I don't remember their names. Q. Don't you know where they were from ? A. No more than what statement they made to me. Q. They were simply rambling through the country there ? A. They were ranibling for money. i Q. What did they say ? A. They said they had been offered money by the other side, but didn't tell me how much. Q. They didn't say they had got it? A. Didn't say they had a cent. By Mr. Gabdnee: Q. Are either one of those the gentlemen that called on you [two gentlemen stand up] ? A. I think the gentleman on that side was one of them; I don't swear to it positive. By Mr. O'Neil: ' Q. Never saw thein before? A. No. sir. Q. And never saw them since ? A. No, sir. • John H. Dotteb, being duly sworn, testified as follows: By Mr. Gabdnee: Q. You reside in Port Jervis and did at the time of the last elec- tion? A. Yes, sir. Q. And was a voter there ? A. Yes, sir. Q. In what district ? A. Ninth. Q. Do you know the Republican worker Weiss ? A. Yes, sir. Q. The one to whom the witness Lindley referred ? A. Yes, sir. Q. Did you see Weiss that day ? A. I did. Q. Did you have any conversation with him on the subject of voting ? A. Very little. 150 Q. State what it was ? A. I was to his place; had business; he called me out in the back yard and says: " you know you owe me an account of so much; here is two dollars and a paster; you take that and go on; I took it and went on. Q. Just handed you two dollars? A. Yes; and credited up my account; I suppose he did. Q. Canceled his debt against you ? A. I suppose he did. ■Q. How much was it ? A. In the neighborhood of three dollars, or about that; might have been more and might have been less. Q. What did you do with the money ? A. I put it in my pocket.. Q. What did you do with the money you received ? A. I used it. Q. Did you afterward see Mr. Lindley ? A. I did. Q. How soon afterwards? A. I couldn't state positively; shortly afterward; after I voted, probably half an hour or an hour or proba- bly longer. Q. What ticket did you vote that day? A. Democratic ticket. Q. Did Weiss want you to vote the Democratic ticket? A. He didn't say in regard to that; he told me to take that and gO'on. I By Chairman Eoesch : ■- Q. He gave you a paster ? A. Yes, sir. Q. What was that, Democratic or Kepublican ? A. Eepublican. By Mr. Gabd;ner: Q. Then you voted a Eepublican paster ? A. I did not. Chairman Eoesoh. — Somebody got left ? A. He didn't ask me vote it; he told me to take that and go along; I didn't ask him. By Chairman Eoesoh: Q. You held on to the two doUars ? A. Yes, sir. By Mr. Gtardnee: Q. What did you do with the paster ? A. Mr. Lindley has got it, I believe; I gave it to him. By Mr. O'Neil. Q. This was at Mr. Weiss' place ? A. In his back yard. Q. Where he gave you the two dollars and the paster ? A. Yes, sir. Q. You are positive you voted the Democratic ticket ? A. Quite positive. Q. Voted for Mr. Lamont, the Democratic candidate for senator ? A. Yes, sir. Q. You are a Democrat ? A. Yes, sir. 151 Edward Gleason, being duly sworn, testified as follows: By Mr. Gardner: Q. Did you vote in Port Jervis last fall ? A. Yes, sir. Q. In what district ? A. Ninth. Q. Did jon see Weiss ? A. Yes, sir. Q. Before or after you voted ? A. Before. Q. Where did you see him ? A. In his place. Q. Did he want you to vote the Kepublican ticket 1 A. Yes, sir. Q. How much did he give you for voting it ? A. A dollar. ' Q. Did he hand you the money? A. No; not after he gave me a paster. * Q. When did you get your money ? A. After I voted. Q. Did you go back to his place after you voted ? A. Yes. Q. Told him you had voted the/ \ paster he had given you? A. Yes. Q. Then he handed you the dollar ? A. Yes, sir. By Mr. O'Neil: , Q. I don't suppose it makes much difference what ticket you vote you would vote for a dollar either way ? A. Then I satisfy myself. Q. That does satisfy you pretty well to vote for a dollar, you vote for the dollar instead of the candidate ? A. Yes. Q. That has been your custom since you have been > a voter ? A. Is it ? Q. Has it? A. I don't know. • By Chairman Eoesch^ Q. How old are you? A. I am about 23. Q. What do you work at ? A. Labor. Q. Been working lately? A. I am working now on a sewer for a contractor. Q. Do you live in Port Jervis ? A. Yes. Q. Ever vote before except at the last election 1 A. Yes, sir. Q. How often have you voted in your life ? A. Two years. Q. Voted twice ? A. Yes, sir. Q. Did you sell your vote at the election before the last ? A. I don't know when that was. Q. You can't think, can you? A. No. Q. Ever been in trouble ? A. No, sir. Q. Never been arrested ? A. No. Q. Ever been in the county jail ? A. No, sir; nor in the little police court up at Port Jervis. 152 By Mr. O'Neil: Q. Did he give you a paster ? A. Give me a paster. Q. Did you vote the paster he gave you ? A. I think I did, yes. Q. Don't you know whether you did or not? A. That is what I say, I voted it. Q. Don't you know what it was? A. I didn't look at it, I slapped it right on. Q. Then you didn't care what it was ? A. No. Q. Whether it was a Richardson ballot or a Lamont ballot, did you, didn't care ? A. No. By Mr. Gardner: Q. Do you know any of the rest of the boys that got a little money ? A. Yes, Frank Herman. Q. Who paid him ? A. Theodore Weiss. Q. How much ? A. I don't know-, he gave him some money, but he owed him a little bill and he kept that out. Q. Know anybody else of the boys ? A. He does, I suppose, but I don't Q. Did you see any of the boys hanging around Weiss that day ? A. Oh, yes; there was lots of them, chuck full. Q. Fellows that wanted money to vote? A. I think they did, yes. Q. Boys full too? A. Pretty full. By Mr. O'Neil: Q. Tou say you saw him hand money to Herman? A. Yes, sir; I saw him hand in some money. Q. Was he settling up his account at that time ? A. I suppose he was; he kept so much out. Q. Did you hear the conversation between them? A. No; I didn't hear it. Q. Don't you know what he kept out or whS.t was done ? A. I saw him give him some money. Q. You don't know what it was for, do you ? A. No. Q. You didn't hear him say there to them what it was for ? A. No, sir. E. V. I. Skinner, being duly sworn, testified as follows: By Mr. Gardner: Q. You reside in Port Jervis ? A. Yes, sir. Q. Editor of the Port Jervis Gazette ? A. One of the proprietors. Q. Democratic paper there? A. Yes, sir. 153 , Q. Are you a member of the Democratic club of Port Jervis? A. Tea, sir. Q. Last fall before election did the party out there secure the ser- Tices of some detectives ? A. Yes, sir. Q. To detect fraud and corruption at the polls ? A. Yes, sir. Q. Among other detectives was one Thomas Lynch of New York city ? A. That was th« name given to us. ' Q. Mr. Lynch was there ? A. Yes, sir. Q. Acting in the interest of the Democratic club ? A. Yes, sir. Q. And under the pay of the club ? A. Yes, sir. Q. He secured some evidence of corruption and fraud at the polls ? A. I can't state the fact; I don't know that to be a fact. Q. (Producing.) Look at that envelope; was that an envelope which was handed to you by Mr. Lynch? , A. Yes, Sir; when he left town. Q. Is that his writing ? A. Yes, sir. Q. When handed to you was it sealed ? A. Yes, sir. ^ Q. Have you ever opened it ? A. No, sir. Q. Do you know the contents of it? A. No, sir. Q. Will you open it now? A. It is a sealed package left by his agency; I don't know whether I have a right to open it or not; if you say it I will open it; Lynch I believe is in Alabama now. Mr. O'Neil. — I can't see how that is material; somebody left, a package with him without proving the author of the package. Mr. GrABDNEB. — There is something inside there that will give us some clue; Mr. Skinner has some conscientious scruple about open- ing it. Q. It was left there for the use of the Democratic club ? A. Yes, sir; it they choose to. Q. Have you any objection to having it opened now ? A. Not if I am relieved from all responsibility in the matter, I haven't. Q. You were a member of that club ? A. YfiB, sir. Q. I will open it if you want me to? A. I am not the chooser in that. Q. I will take the chances of opening it if those were the circum- stances under which it was left with you ? A. All right, sir; you can do it. Counsel opens the envelope. Q. Do you know a man by the name of Matthew Winters ? A. Not by name; no, sir; I may know him by sight. Q. Do you know where Mr. Lynch is; the one that handed you this envelope ? A. I understand from the agency that he is in Alabama. 20 ^^T' 154 Q. yTere there other detectives assisting him that day ? A. Yes, sir; there were six altogether. Q. Where are the others; do you know? A. I don't know. Q. Where was their office ? A. Corner of John street and Broad- way; Williamson & Co. Mr. Gardnee. — This appears to be a list of men from whom these detectives secured money and who paid them, etc. ; but I don't sup- pose I can offer that in evidence. Q. You know nothing about anytljing that occurred with reference to Flaherty or Dwyer or any of those other names ? A. No, sir; he simply handed me it to put in the safe to keep. Q. Do you know whether John Flaherty is a voter in the city of Port Jervis? A. I know the name, but I don't know the man; I know Flahertys are there. Q. Do you know Dwyer ? A. That is a familiar name also. Q. John Dwyer? A. I don't know any of them by naine; I might know them by sight; a great many people like that I might know in a business way. Q. In what district did you vote ? A. In the sixth. Q. Who was the Democratic inspector in that ward ? A. I think Moses Depew was one of them; I won't be positive. Q. Did the detective report to the club or the society that they had secured any evidence of fraud or corruption? A. That I don't know; I think not, because they left the same evening, Q. Did they to you ? A. Not to me ; I only knew it as a rumor. Q. AU that was said to you by Lynch was, he handed you this • envelope sealed and told you to put it in the safe, and, if you wanted to, use it any future time ? A. No; to send for him if I wanted to use it at any future time. That is all. Chairman Roesch. — The committee will take a recess until 2 o'clock. Afternoon Session. Bernard Mitchell, being duly sworn, testified as follows: By Mr. Gardner: Q. Do you live in Washington street, this city ? A. Yes, sir. Q. In the first ward 1 A. First ward. Q. Do you keep a store there ? A. Yes, sir. Q. Is it opposite Mr. Dawson's house, the colored man's house ? A. It is, exactly. Q. Do you know the house in which Dawson lives ? A. Yes, sir. 155 Q. As well as the store in which you do business 1 A. Yes, sir. Q. You were there election day in this store ? A. Yes, sir. Q. The latter part of the day did you observe anybody go in and out of Dawson's house? A. Yes; I saw a crowd of men going in there. Q. Of colored men ? A. Of colored men, I knew a good many of them and a good many I do not know. Q. About what time of day was this ? A. A little after 4 o'clock. Q. About how many are you able to state at least that you saw go in and out of the house ? A. I am able to state I counted sixty and I guess there was a little more in it, but to keep it straight will stop at that. Q. That was after 4 o'clock? A. Yes; the fact of it is I had to go and wait on customers or I would count more. / Q. Those were all colored men ? A. Every one of them. Q. That is a private house of Dawson's? A. Yes, sir. By Mr. O'Nbil: Q. This was last election day ? A. Yes, sir. Q. You stood there and counted sixty ? A. Yes, sir. Q. Did you put them down ? A, I did not. Q. Why were you interested? A. Because in the first place I thought it was a prayer meeting they were going to hold there. Q. Hence you were interested in seeing the number of converts ? A. Yes, I didn't know exactly what brought them there. Q. You did actually count sixty ? A. Yes, sir. Q. Did you put them down on any paper? A. I did not; I was aot paid for that business. Q. "Were you paid to watch them ? A. I was not. Q. No one had requested you to stand there and watch the people that went in Dawson's house? A. No; I had nothing else to do at the time. Q. You hav^ no knowledge that they went in there for, of your own ? A. I will tell you all the knowledge I have. Q. You simply saw them go in there ? A. I saw them going in and his own son came in after that and told me he was paying five dollars and seventy-five cents apiece; if you had held your tongue I wouldn't have told you. Q. From all you know of your own personal knowledge you know nothing ? A. I do not. By Chairman Eobsch: Q. That is what Dawson's son told you ? A. Yes, sir. 156 By Mr. O'Neil: Q. Did you know any of these men ? A. Tes, sir. By Chairman Eoesoh: Q. Is Dawson's son in the court-room ? A. I didn't see him here. By Mr. O'Neil: Q. Give the names of those you know ? A. Edward Diamond, I knowed Jim Dubois, Johnson, I don't know his first name, because I call them all Mister; I know Mr. Drew, I knowed another man by the name of Jenkins; Mr. Jenkins, I call him; I could give you more, but my memory is very bad now. Q. These are all the names that you can remember that you saw go in there ? A. Yes, sir. Q. What are your politics ? A. I never denied I am a rank Democrat Patrick Buens, being duly sworn, testified as follows : By Mr. G-ardnbr: Q. Where do you reside ? A. Port Jervis. Q. In what district ? A. Ninth. Q. You voted there last fall ? A. Yes, sir. Q. The inspector in that district ? A. Yes, sir. Q. Will you state what, if anything, you observed there that was irregular in the conduct of that election ? A. As far as the irregular- ity was concerned in that election. Q. What did you see there that wasn't right ? A. I saw this gentle- man Weiss. Q. The Weiss to whom the other witnesses have referred? A. Yes; coming into the voting place in company with voters, and very anxious to put them through; there was one in particular; his name wasn't on the register, and he thought we ought to have him; I told him no; his name wasn't down; there was such a name, but it was on a different street; he wanted to argue with us it was right to get his name on. Q. Do you remember his name ? A. Yes ; his name was Charles Dody. Q. Did you know Dody ? A. Yes, sir. Q. Knew him before election day ? A. Yes, sir. Q. What was he, a purchasable voter ? A. We ^ilways classed him as a Democrat before, but he was in bad company at that time; I don't know how he was going to vote; I expected; I don't know. Q. Did he have the reputation of being purchasable ? A. He had the reputation of being a Democrat before that day and in the company I seen him in I naturally thought he was going to vote the Eepublican ticket; I didn't know, though. 157 Q. Did Weiss come there with any of the witnesses who have been sworn here to-day? A. Yes; he was in company with Mr. Gleason. Q. Did he bring him up there ? A. Yes, sir. Q. Did he come up to the polls with him 1 A. Came up to the railing outside. Q. He was doing that more or less all day ? A. Doing that all day. Q. The class of voters that he came there with were you acquainted with their characters; most of them? A. Yes, sir. Q. Were they of a purchasable character; any of them? A. Yes, sir; they were commercial men. Q. How are you able to state that they were? A. At divers times I have seen them purchased before. Q. Was there any electioneering by any of the Eepilblican workers within the limits of that poll? A. I rather think not. By Mr. O'Neil: Q. You were an inspector at the ninth district ? A. Yes, sir. Q. There were Democratic workers there ? A. There were Demo- - cratic watchers out around. , Q. Democratic watchers outside of the rail ? A. Yes, sir; I believe there was. Q. How many of them? A- I do not know; they were going and coming there; I was inside, in the room, I couldn't tell what was going on out in the street. Q. Did you see Mr. Lindley there ? A. Yes. Q. That was the same poll Mr. Lindley was watching ? A. Yes. Q. You saw no vote bought ? A. No. Q. Don't know of anyone buying of your own knowledge? A. Not of my own knowledge; I surmised it. Q. Don't know there was a single .vote influenced to your personal knowledge? A. I would acknowledge I didn't know of any being done. Q. You saw no irregularities ? A. No irregularity. Q. The votes were fairl;f counted ? A. Yes, sir. Q. Fairly canvassed? A. Yes, sir. Q. Honestly returned ? Yes, sir. Q. You are a Democrat? A. Yes, sir. By Chairman Ejesoh: Q. Did you see any voters bought ? A. I didn't see them bought; no. Q. Any kept away from the polls ? A. There was some of them went for and wouldn't come; I really do not know what they were kept away for or stayed away for. 158 By Mr. Gaednbk: Q. All you know this man Weiss was coming there all day ? A. He was in company with those gentlemen, some who didn't vote and some who did vote. By Mr. O'Neil: Q. Were there Democrats bringing voters there too ? A. I didn't see any. Q. Did Mr. Lindley come there with any ? A. No, sir. ,Q. He was inside the room? A. No, sir; he was not; he came in the door. Q. Several times, wasn't he ? A. Not that I know of. Q. And others were there besides Mr. Lindley? A. There were parties came in; it was a very cold day; they used to come in there and get a little heat. Q. The workers came in there of both parties ? A. There were no workers there. Q. The watchers ? A. Men that were interested in the election. Q. Men that were there to watch on both sides would come in there to get warm ? A. And to ask how many had voted. By Mr. Gardner: Q. Do you know John Dwyer? A. Yes, sir. Q. Did he vote in that district V A. No. Q. Do you know Flaherty ? A. Yes, sir. Q. Did he vote in that district ? A. No^ sir. Q. Winters? A. Yes, sir. Q. Did he vote in that district ? A. No, sir. Thad. Mead, being duly sworn, testified as follows: By Mr. Gardner: Q. You live in Port Jervis 1 A. Yes, sir. Q. Were you an inspector in one of the districts of the city at last fall's election ? A. Yes, sir. Q. What district ? A. The eighth. Q. Which gave Mr. Eichardson a majority of how many ? A. Eighty some, I think. Q. Were you there when the ballots were counted ? A. I was. Q. Did you assist in the counting of the ballots ? A. Yes, sir. Q. Were the ballots separated into three different piles ? A. Yes, .sir. ^ 159 Q. After the straights and splits had been separated then they were put into three piles and each inspector counted a pile ? A. That is right. Q. You counted your pile? A. Yes, sir. Q. And counted it correctly ? A. Tried to; yes. Q. After you counted your pile you announced the result to the chairman of the board ? A. Yes, sir. Q. And he put it down ? A. That is right. Q. The others announced the result of their count to the chair ? A. Yes, sir. Q. And that was put down ? A. Yes, sir. Q. Did you count over the piles the others had counted? A. No, sir. Q. Did they count your pile over? A. No, sir; they did not. Q. Did you observe any electioneering that day within the polling limits ? A. Yes, sir. Q. By whom ? A. By a man by the name of William Boner. (J. Is he a Eepublican worker ? A. Yes, sir. Q. What did you see him doing? A. Saw him give a paster ballot to a colored man by the name of Lorenzo O'Dell; not the O'Dell that has been sworn here, but another man. Q. Did you see him at different times during the day soliciting votes ? A. This was the only time I saw him hand the paster right out. Q. At other times did you see iSim talking with the voters? A. Yes; he was talking and working outside and in and inside and out; close by the polls; right up against the railing. Q. Is it a fact there were a considerable number of men with whom you saw him talking that day, different times ? A. I saw him talking with a number of men. Q. Was there anything else in that district that you observed that day as being irregular ? A. That covered all day long. Q. About what ? A. About everything that was irregular. Q. What other irregularities was there? A. About the voters coming in; they folded their tickets outside of the booths; two men in the booths at a time, and a general row all day. Q. At any one time do you recall when there were two men in the booths ? A. Two or three different times there were two men in the booth. Q. Were any of the Republican workers in the booth ? A. No; the men simply went in ; they were voters that went in together. Q. That is all that you now recall ? A. That is all. 160 By Chairman Eoesch: Q. Any more than the usual row ? A. Nothing like the row we had on the local election in the village; then we had a regular rebellion. Q. The row last election day wasn't a corker ? A. Nothing at all like we had previous; very quiet to what we had on the local election in the village. By Mr. Hiksohbeeg: Q. Tou are a Democrat? A. I am; I am a Hill Democrat. Q. Of course, you know you are not obliged to criminate yourself; who were your inspectors with you? A. William Bivers was the Democrat inspector and Samuel Andrew Jackson Conklin was the .Republican. Q. Two Democrat inspectors and one Eepublican inspector? A. Yes, sir. Q. Did the results so far as you know that were declared there cor- rectly state the result of the ballot ? A. So far as I known. Q. Have you been an inspector frequently ? A. Quite frequently. Q. Did you count the ballots on that day the same as you had done heretofore? A. Always. Q. It wasn't a departure from the custom ? A. Not a bit. Q. Did you hear what this worker said to the men that he was talk- ing to ? A. No, sir. Q. In no instance? A. Not a word. William Washington, being duly sworn, testified as follows : By Mr. Gaednek : Q. Were you a member of the Sherman Club last fall? A. Yes, sir. Q. You voted ? A. Yes, sir. Q. What district did you vote in ? I voted here at the court- house. Q. Did you get any part of that donation? A. No, sir. Q. Did you receive any money at all on election day ? A. No, sir. Q. Did you the next day after election ? A. No, sir. Q. Sure of that ? A. Yes, sir. Q. Did you see Mr. Dawson on election day ? A. I dorf't think I did. Q. Don't you know you did ? A. I might have saw him but I didn't take notice enough to know whether I did or not. Q. What did you do in his house that day ? A. I didn't go in his .house. 161 Q. Didn't you go there the next day ? A. No, sir. Q. Didn't you go there in the night time ? A. No, sir; I ain't been in Mr. Dawson's house I guess in two years. Q. Did yon see Alsdorf on election day ? A. No, sir. Q. Were you in his house on election day? A. No; I haven't been in his house in ten years I guess. Q. Did you get anything from anybody for your vote ? A, Thurs- day, I guess it was, I gcit a donation from Mr. Dawson, I guess it was. Q. How much? A. I didn't take particular notice what it was; I had money in my pocket; Mr. Dawson appeared there and I paid no attention; I had money in my pocket of my own; I don't know whether two, three or four dollars; I guess about five and a half; I had part of my week's pay from Mr. Eamsdell. Q. That is the reason you can't tell how much Mr. Dawson gave you ? A. Yes, sir. Q. Where were you when Dawson gave it to you ? A. Working for Mr. Eamsdell. Q. What did he give it to you for? A. Donation for the club; he didn't say; I understood that in the club-room. Q. When, before election ? A. Tes, sir. Q. Who did you understand it from? A. Prom the club. Q. Who was it that said ? A. I don't know who it was, there was so, many of them there, they were all talking there among themselves there would be a donation. Q. Was that the night Mr. Odell was there? A. I don't know; it might have been as far as I know, I never took any notice; I was sick some time. Q. When Dawson came and gave you the money he told you il; was your share of the donation ? A, Tes, sir. Q. You voted that day ? A. Tes, sir. Q. Who gave you the tickets ? A. I got the tickets here I guess. Q. Who handed them to you? A. I don't know; I got them here where I vqted; I got the pasters at the printing office. Q. What printing office ? A. Down to the Journal. I By Mr. Hiesohberg: Q. Did that donation have anything to do with your vote ? A. No. Q. Vote a Eepublican ticket always? A. I always vote it and nothing else; I vote the Eepublican ticket ever since I was allowed to vote; I have nothing with other ticket. Q. Tou didn't sell your vote ? A. I never sold my vote in my lifei Q. Didn't take anything for your vote? A. No. 21 162 By Chairman Koesoh: Q. Can you read? A. Yes, sir; a little; that is one thing Washing- ton won't do. By Mr. Gabdnee: Q. Were you at the Sherman Club the other night? A. No, sir; I ain't been there since the night before or two nights before election; that is when they were just organizing the club. By Chairman Eoesoh : Q. The only time you were at the club before election was a night or two before election day? A. Yes; must be two or three nights. Q. You go to the club once a year ? A. About that time, I guess. Q. You have told the truth, haven't you ? A. Yes, sir. John Williams, being duly sworn, testified as follows^ By Mr. Gaedner: Q. You voted in what district last fall ? A. First district of the second ward. Q. Were you around the polls during a portion of the day ? A. Yes, sir. Q. Did you observe any electioneering within the foil limits that day ? A. Yes, sir. Q. By whom? A. Withers and Ike Odell. Q. They Eepublican workers ? A. Yes, sir. Q. State what you saw and what you did ? A. I have occasion by living in the street there to walk up and down generally on election day; generally make it my business, after some years; I have been a worker in my time, lately I haven't done any work; I observed these two parties on the other side of the street interfere with people that went into the poll to vote; on one occasion they stopped one man and they wrestled with him a good deal; I heard the gentleman say, "I am determined, I won't vote that, I want to vote for so and so;" I went across the street and I told them, remonstrated with them, that they were break- ing the ballot law that they had made themselves, and I was deter- mined, as ;far as I was concerned, they should keep within the law, and ordered them to desist; finally the policeman came out on the sidewalk, and I told. him what they were doing, and he says, " boys you must get away from here;" and he went inside the poll limits again and they stayed there where they were. Q. Remained there after your protest 1 A. Oh, yes. 163 Q. And after the policeman told them to go away? A. Yes, sir. Q. Did you see them talking with voters more or less 1 A. Before that ? Q. Yes? A. Yes; before I remonstrated with them, quite a common thing for them to do at all times. Q. Do you remember the names of voters, any of them in particu- lar ? A. I do not, I didn't take notice of the names, but this gentle- man I have reference to particularly I didn't know at all; he went away and didn't vote; went up the street. By Mr. Hirschbebg: Q. Was he going to vote apparently before you interfered? A. Apparently. Q. After you interfered he concluded not to vote? A. He didn't go because he went on up the street toward the south. ^ Q. You don't know who he was? A. I do not. Q. Whether he was a Democrat or a Eepublican ? A. Do not. Q. Did you hear what they said to any of the other people ? A. Not at all. Q. Did you hear what they said to this man? A. I don't know what they said individually, I heard this person say. Q. Did you hear what they said collectively? A. Collectively, ogether, I don't know what they said. Q. You don't know what they said to anybody? A. Trying to influence him to vote. Q. You don't know what they said to anybody? A. Not at all. Q. You were across the street? A. At one time; at the time I went across I wasn't across the street. Q. Who else were there besides Odell and Withers ? A. No one on the sidewalk at that time only those two right in front of the poll door. Q. Any .one else there at any other time? A. There was Tom Bannan there; he was one of the watchers. Q. Don't you know both of those men were watchers ? A. I do, but what are their right to interfere with voters ? Q. How do you know they interfered? A. Because I saw them doing. Q. According to your testimony you were the only one that inter- fered ? A. I went over and remonstrated. Q. You went over and interfered? A, I did go right across the / / street. 164 By Mr. Gabdner: Q. You didn't succeed in interfering ? A. They didn't stop for it. By Mr. HiRSCHBEEa: Q. The man went away and didn't vote after you came away i A. The man didn't have a chance to vote. By Chairman Boesch: Q. When you say you interfered you simply mean you went over there for the purpose of cautioning them against breaking the law ? A. That is all. Q. You interfered only in the sense you wanted to interfere to have them desist from breaking the ballot law ? A. Just exactly what I intended doing. Q. You didn't go over for the purpose of preventing the voter from going in there to "vote ? A. Not at all. , Q. How were they breaking the ballot law ? A. By being within the limits. Q. How do you know they were interfering with voters ? A. Because I swore they were doing it; I know they were doing it. Q. You don't know what they said to him? A. Yes, I do; I heard this man say, " I won't vote for that man." Q. You don't know what they said to him ? A. When you see them with their pasters poking them in front of him, what would you think of it? Q'. I would think they were doing all right ? A. That is so, on your side. Chaelbs Peterson, being duly sworn, testified as follows: By Mr. Gardner: Q. Where do you live ? A. I live near Chavillo. Q. In the town of Chester ? A. Yes, sir. Q. How far is it from Chester where you live ? A. Two miles. Q. Was there a colored club organized in Chester last fall? A. I suppose there was. Q. Don't you know there was ? A. Yes, sir. Q. What was that club called? A. It had no name; we didn't have titne to name it. Q. How many members belonged to that club ? A. Thirty-two. Q. Were you one of the members ? A. Yes, sir. Q. You voted the Eepublican ticket? A. Yes, sir. Q. And for Mr. Richardson ? A. Yes, sir. 165 Q. How much money did you get on election day ? A. Six dollars. Q. Who was it besides you that helped organize this club ? A. We got it up between ourselves, us boys; we can flip that town either way we are a n^ind to; the colored voters. Q. Who was that man that helped you organize the club, his name is Radnor, isn't it? A. Mr. Eadner thought it would be a nice thing to show them what we could do; I don't know as he helped organize the club at all. By Chairman Bodsch : Q. Were you an officer of the club? A. ¥es, sir. Q. What office did you hold ? A. It would have been president if it went' far enough. Q. How long before election day was the club organized ? A. I will say a week before election. Q. Where did you meet ? A. Met at my house one night. Q. How many met at your house ? A. Fifteen or sixteen of us. Q. There were thirty-two in the club at one time ? A. That is the names I had. Q. You never had any regular place for meeting ? A. No, sir. Q. Always met at your house ? A. Never met there but once. Q. Never met anywhere else but at your house 1 A. Yes, sir. Q. Where else? A. We met at George Bailey's house once at Westchester. Q. How many met there ? A. About twenty. Q. Who kept the roll of membership? A. A man named John Powell. I Q. Who was your chairman ? A. We had none. Q. Who got the donation? A. I didn't see any. Q. You got six dollars of it? A. It was for some work I did. Q. Do you know any others that got six dollars of it ? A. No, sir. Q. Any others, members of your club get six dollars of it ? A. No, sir; I don't think there was a man got anything of it. Q. You got six dollars of it ? A. I did. Q. Do you think that was the highest any of you got ? A. I don't know. Q. Who did you get your six dollars from ? A. A man wanted me to go out on the road, me and my horse, one day, said he would pay me for my day's work. Q. Election day ? A. No; two or three days before election. Q. Did you do any work ? A. -I run around a little, scoured the country. 166 Q. That was a few days before election ? A. About three ,or four days. Q. You got that six dollars after election? A. Yes, sir. Q. Two or three days after ? A. I got it after election. Q. You voted the Eepublican ticket ? A. Yes, sir. Q. Where did you get the paster? A. I didn't have any, I got a ticket. Q. You voted the ticket that was given you in the poll ? A. Yes, sir. Q. Yoji can read and write? A. Yes, sir. By Mr. Gabdnee: Q, Can you give the names of the members of that club now ? A. Not the whole of them. Q. Can you give some of them ? A. Yes, sir. Q. Proceed and give them? A. Charley Maginnis, Seeley, John Powell, Pat Degron, Barto, Dennis Finney. Q. Is he a colored man ? A. No. Q. Was Maginnis a colored man ? A. Yes, sir. Q. Who else ? A. I don't know as I can tell you all their names now. Q. You have a couple of brothers ? A. Got one, Thomas. By Chairman Roesch: Q. Did he do some work before election and get paid for it after election? A. No, sir; he ain't that kind. By Mr. Gardner: Q. That is all you can tell of at present ? A. I believe so. Q. Where were you during election day? A. In Chester or Sugar Loaf; I was in Chester in the forenoon. By Chairman Koesch: Q. You only voted in one place ? A. That is all. By Mr. Gardner: Q. Did you see a man there by the name of Walsh ? A. I saw him around there. Q. He lives at Goshen, don't he ? A. I think he does. Q. Was he around the polls working that day ? A. I didn't see him around the polls at all. Q. Did any of the members of your club go in around Radner's barn ? A. I couldn't say that. Q. Didn't you ? A. No, sir; I did not; I wasn't near his barn. Q. Didn't see anybody else go there? A. No. 167 Q. Did you see any of these colored men, members of that club? A. Tes, sir; saw the whole of them. Q. In the forenoon ? A. Tes, sir. Q. At Chester? A. Tes, sir. Q. Were you around at the time they voted ? A. Tes, sir. / Q. I>id they all vote the Eepublican ticket ? A. I think they did; I tried to get them to; I took them in in a string. Q. A string of them? A. Tes; if they didn't — Q. All at one time ? Tes; if they didn't then they done the other thing; they agreed to do the straight thing, a straight ticket. Q. Did they all vote at the same time ? A. No, sir. Q. Who did they agree with to vote the straight ticket ? A. We agreed among ourselves. By Chairman Eoesoh: Q. Was it also agreed among yourelves if they all did the straight thing and voted the straight ticket that they woiild all share in the donation? A. There was no donation about it; we don't have that up there. Q. How do you have it ? A. We don't have it; if it is there we don't get it; I think it is there sometimes, but it ain't got out among us colored fellows. Q. Do you think any one of you gets it all ? A. I 4on't think any one of us gets it. Q. Do you think there was any there at the last election ? A. I couldn't say. iBy Mr. Hirsohbebg: Q. Was any member of the cllib paid anything for his vote ? A. Not that I know of. t Q. Directly or indirectly ? A. No, sir. Q. Anybody make any contribution to the club that you know of ? A. No, sir. Q. Any money used in the club ? A. Not that I know of. (^. Was the club organized at all ? A. Nothing more than we met at my house and had a little talk j over and agreed to stick together and suppqrt the Bepublican ticket and turn the thing the other way. Q. Without any expectation of pay from any source ? A. Tes. Q. This is six dollars that was paid to you; was that paid to you in reference to that vote in any respect ? A. No. Q. Tou say you did some work; what was the nature of the work? A. The boys that was to my house; I took my horse and went around visiting the next day. 168 Q. Were you paid for driving with your horse and wagon ? A. Yes, sir; that is all I did. Q. That is all you were asked to do? A. Yes, sir. By Chairman Eoesoh: Q. After they had been to your house the next day you hitched up and drove around to every house and visited them ? A. Yes, sir. Q. And made the bargain with them they should all vote straight ? A. That is the way I talked to them to get them to stick together. Q. Did you promise them anything if they should all vote the one ' way ? A. No, sir. Q. What reason was there for your going to visit all of them; merely sociability? A. Merely to show what we could do with the town. Q. You wanted to show what you could do with the town? A. Yes, sir. Q. What is the town; Democratic or Republican? A. According which way the colored men vote. Q. It is Democratic or Republican whichever way the colored men vote? A. Yes, sir. ^ Q. What was it the election before last? A. I couldn't remember that. Q. You wanted to be sure to make it Republican this election? A. Yes, sir. Q. How many colored voters do you think there are in that town ? A. About forty. By Mr. HiRSCHBEEa: Q. Was Mr. Richardson's majority in the town of Chester any more this year than it was two years ago ? A. I couldn't say. By Mr. Gardner: Q. You say Magin'nis was a member of your club ? A. Yes, sir. Q. Did Maginnis wait on George Sayre; he went up to see Mr. Sayre ? A. That was Peter Maginnis. Q. Was Peter a member of your club ? A. No, sir. Q. Was he a colored voter, Peter Maguinnis? A. Yes, sir. Q. Who was the other man that went with him up to see Sayre ? A. I heard it w?is Norris Earle and William Peterson, a brother of mine, they were ofiE on a drinking spell and they went up there, I think, more for rum than any thing else. Q. They had been drinking ? A. They had been drinking for three or four days; I heard them go up there. 169 By Ohairman Boesoh: Q. Did they^tell you about it themselves ? A, No, sir. By Mr. Hieschberg: Q. They were on a spree when they went up there ? A. Had been for two or three days. Q. Do you know why they went to Mr. Sayre? A. No; I suppose they were got off that way. Q. Mr. Sayre keeps a distillery ? A. I couldn't say; I have heard that; I never was in his place. BoBERT W. Ddnoan, being duly sworn, testified as follows: By Mr. Gardner: Q. Tou are an inmate of the alms-house of this city ? A. Yes, sir. Q. You voted at the last election in the seventh district of the first ward? A. Yes, sir. Q. You saw Herman before you voted that day ? A. I did not. Q. After election you received some money, didn't you ? A. I was offered a dollar the day following election. Q. By whom ? A. By James Fleming ? Q. You didn't take it, did you ? A. It was offered to me twice and I refused to accept of it. Q. On what ground ? A. I expected to get three dollars. Q. He went back on his bargain ? A. It seems so. Q. How much did he promise to give you ? A. Three dollars. Q. If you would vote the Bepublican ticket ? A. If I would register ' 'and vote the Republican ticket. Q. Did you see any money passed among the inmates on the Thurs- day following the election ? A. No, sir; I did not. Q. Any day following the election? A. No, sir; I did not. Q. Did you see Mr. Fleming pay out any money ? A. Pay it to me. Q. With the exception of yourself ? A. Nobody else except myself. Q. Do you know how many of you fellows went down there to vote that day ? A. No, sir, I couldn't give you the exact number. By Chairman Eoesch: Q. Was any one else presented any money to your knowledge? A. That I couldn't say. Q. No one paid any money to your knowledge ? A. No, sir; I do not know. , Q. Any one else offered any dollar as you were ? A. Not that I know of. 22 170 Q: Did you take the dollar? A. I accepted of it as a present from him. Q. You wanted more ? A. I wanted more. Q. You wanted three dollars ? A. ,Yes. Q. Couldn't get that and you took the dollar? A. As a present. By Mr. Gaedneh: Q. Where did you live before you went to the alms-house ? A. I lived with my father, corner First and Water streets. Q. In this city ? A. Yes, sir. Q. How long have you been to the alms house? A. Very near seven years. By Chairman Boesch: Q. How old are you ? A. Forty-four. By Mr. Hihschbeeg: Q. Did you register any where else ? A. No, sir. Q. That is the only place you registered and voted ? A. Yes, sir. Q. Did you select that for your residence ? A, Yes, sir. Daniel W. Miller, being duly sworn, testified as follows: By Mr. Gardner: Q. Do you live at Chester? A. Yes, sir. Q. Voted there at the last election ? A. Yes, sir. Q. You were one of the members of the board ? A. I was an . inspector. ■ Q. During the day did you see these colored voters around the polls that had been spoken of by Peterson or some of them? A. They ■v(rasn't inside much at all, they got ready to vote, of course, I couldn't see outside from where I was. Q. Were you outside during some time of the day ? A. Only when I went to dinner, I think. Q. Did you see any of the colored people in a barn or around a barn? A. Yes; I saw them going that way. Q. At what time? A. Pretty close to 1 o'clock I think, t went home to my dinner. Q. How many of them ? A. I guess there wasn't only two at that time. Q. In whose barn were they going? A. James Radnor's. Q. Anybody there with them ? A. I couldn't see. 171 Q. D;d the inspectors get up and leave their seats or boxes at any time during the day? We had one inspector there quite a rank Bepublican, he was out of the polls n)pre than he was in all day. Q. What was his name ? A. George Vail; I kicked and sent for him, but I was the only Democrat in the board and they carried the majority, so I had nothing to say. By Chairman Eoesoh: Q. Who did his work while he was away? A. The other inspector; I was the Democrat. Q. Tou and the other Eepublican inspector did the work when he was absent? A. Yes, sir; he was out about all the forenoon and came back about noon and said he would take in the ballots then; 1 didn't think anything of it until after he got to work and I saw why he wanted to take them in; the colored vote commenced to roll in and he wanted to see if the pasters were on; I told him of it at the time, but he was ahead of me; of course, tAey had the majority over me, but I could see all that was going on. By Mr. HiHSCHBEEa: Q. Who was he ? A. George Vail. Q. He was the one that went out? A. Yes,- sir. Q. Did you take any advantage of his absence? A. No show for me to take advantage. Q. You didn't, did you ? A. No. Q. Didn't try to ? A. Didn't try to. Q. The Eepublicans had as good a shqw while he was away as if he had been there ? A. Yes, sir; the only thing they had a better show when he was out. Q. Didn't have it in the box ? A. No, tbe box went on all right. Q. Did you see the ballots that were given in after he came back ? A. No. Q. Did you feel any of them ? A. No. Q. How do you know there were pasters in it ? A. I don't know. Q. You can't say there was a paster in any one of them ? A. I couldn't say; I just imagined about the pasters, that is the only time all day he took the votes. Q. You are testifying to your imagination ? A. On that part of it. By Mr. Gaednee: Q. Is that the only time during the whole day he took votes or received them ? A. Yes ; I know it is the only time he took votes all day. 172 Q. Was when the colored voters voted? A. About noon, there were a few white votes came in at the same time, but there were quite a good many colored votes cam&in at this time; a couple would come in and then may be a white man, and I accused him at the time; he wouldn't own up to it. Q. Said it wasn't so ? A. Certainly. Q. What did you accuse him of? A. I told him he was quite a sharp man; it was his turn to take in the ballots, then he knew what time to take his turn too. Q. Was he soliciting votes outside ? A. That I couldn't tell, only what I heard; I was' on the inside; I heard that he was, but that I couldn't say. Theodoeb O. Miller, being duly sworn, testified as follows: By Mr. Gaednee: Q. You live an,d vote in the town of Chester ? A. Tes, sir. Q. Present at the last election ? A. Yes, sir. Q. At the polls described by the last witness ? A. Yes, sir. Q. Were you aroun,d the polls more or less during all the day ? A. All day long. Q. Were you a watcher ? A. No, sir. Q. Nor a member of the boards A. I was a watcher, at noon; that was all. Q. Did you see these colored men around those polls ? A. I saw them around Durlane's store. Q. How many of them ? A. 4-bout a dozen. Q. Did you see them at any other place during the day ? A. I saw them going down toward Eadner's lane. Q. Did they go into the barn ? A. I couldn't tell that. Q. Were they all together when you saw them? A. No. Q. What time of day was this? A. In the forenoon; I couldn't tell exactly what time it was. Q. Were there as many as a dozen that you saw go in the lane ? A. Not altogether; different times. Q. At different times; at least a dozen? A. Yes; and Mr. Walsh with them. Q. Walsh, from Goshen? A. Yes, sir. Q. A Eepublican worker ? A. I suppose he is. Q. It is a fact that he was working in the interest of the Republican ticket ? A. He was down there pretty near all day. [Question repeated.] A. I think he was; I couldn't say. 173 Q. Did you see him go in the lane with these colored men ? A. He would go light behind them; I don't know where they went to when they vfent there. Q. Did you see Mr. Eichardson there that day? A. I saw him there in the morning. Q. At that time? A. Must have been 8 or half-past 8; I saw him going in Mr. Durlane's store. Q. That is near where these polls are? A. Yes; within about 100 feet. By Chairman Roesoh: Q. Richardson know you ? A. Yes, sir. Q. He knew you were a Democrat ? A. Yes, sir. Q. Didn't have much to say to you? A. No; I don't know that he saw me, but I saw him. That is all.- Chaeles "W. Sohofibld, being duly sworn, testified as follows: By Mr. Gardnbk: Q. You live at Middletown and are the operator for the Western Union Telegraph Company at that place? A. Manager of the office there. Q. Some week or ten days ago you saw Mr. Washburn, the counsel in this case, in company with another gentlemen at your own office ? A. I did. Q. You were called upon to produce a telegram signed by E. P. Keaner, addressed to W. P. Eichardson 1 A. I was. Q. On the day of election or the day after election, the fourth of November ? Mr. HiESOHBEKG. — It was published in both of the Middletown papers at the time. If they will produce a copy of the telegram they may introduce it. Mr. Washbubn. — Do you admit it was right as published in the paper ? Mr. HiESCHBEEfl. — You show it to us, you say you have a copy of it. Chairman Eoesch. — The witness states he has a telegram in question and to produce which he has been subpoenaed, he refuses to produce the telegram and his refusal is based upon his instructions from his company. It only brings up the old question as to whether we have the right to compel the production of the telegram. Mr. Washbukn.^ We wanted the witness called to raise that question. 174 Chairman Eoesch. — Tou have the question on record now. Mr. Gaednee. — For another purpose, if they wouldn't concede what the contents were, to prove the contents by him, which would be com- petent and proper, because we account for its non-prodtietion in a legal way; if they will admit it, we will dispense with the necessity. Chairman Eoesch. — You argue that where you prove the existence of a telegram and then can not produce the original because of the refusal to bring an original into court, you can supply the contents of that telegram by testimony of a man who read it. Mr. Gardnbe. — A man who has seen it and is acquainted with the handwriting of the writer. Chairman Eoesoh. — If you can't produce by force of a rule of law primary evidence qusere, can you produce secondary evidence ? " Mr. Gaednee. — We claim we can, and can show authorities upon it if you desire it. Chairman Eoesch.— That point isn't clear to me, the logic of it doesn't seem to be clear to my mind. If you are not permitted by a rule of law to put in evidence the original, that certainly means that you shall not be permitted to put in evidence the contents of that original no matter in what way you may choose to get it into evidence. If that original itself were allowed in evidence and you would prove your inability to produce it, then you might get secondary evidence in, but where you are forbidden by law to produce the original itself it goes to the root of all evidence on the point, it seems to me, and rules out not merely original, but secondary evidence as well. That may be a waste of time to discuss that point just now. ■ Mr. Gaednee. — It is receivable in evidence on the principle it is a declaration against the writer, against his interest in a criminal prosecution, what he says and what he has done. Mr. O'Neil. — If the writer was a party to the suit this principle of law would apply. Chairman Eoesch. — I understand the other side will admit the copy which is said to be printed in the local papers. Mr. HiESOHBEEG. — Providing it is correct; if we don't do that we will get the telegram. Chairman Eoesch. — If not you have got the question presented on record. If you want the original the committee must report the matter to the Senate. By Mr. Gaednee: Q. Did you say the Western Union ordered you nbt to produce this telegram ? A. Yes, sin 175 Q. Haven't you stated if Mr. Eichardson wanted it that you had the liberty to produce it ? A. I said so because it is Mr. Eichardson's property. Chairman Eoesch. — I suppose if the sender of a telegram is willing the company should deliver up the original the company would do so. Mr. Washburn. — They offered to produce the telegram upon the subpoena of the other side. Chairman Eoesch. — That is proof conclusive to that that they assent to the production of the telegram. Hbebbrt H. Case, being duly sworn, testified as follows: By Mr. G-abdnbe: Q, Where do you live ? A. Chester. Q. Vote there at the last election? A. Yes, sir. Q. Around the polls more or less all day ? A. Yes, sir. Q. Did you see these colored voters around the polls ? A. Yes, sir. Q. What time of the day ? A. In the afternoon. Q. How many of them ? A. Three or four. Q. Who did you see with them ? A. M^r. Eadner. Q. Did you see WalsH there that day ? A. Yes, sir. Q. Saw him with thetia ? A. He was behind them, going down the . walk in the lane. Q. Go down the lane into the barn ? A. I supposed that was where they were going. Q. Eadney's barni? A. Yes, sir. Q. Did you see them when they came back ? A. No, sir. Q. What else, did you see there that day ? A. That is all I seen; I supposed they were going to the barn; they went down to the house. Q. Who went down to the house ? A. These colored people; down the lane by his house. Q Did you see that on different occasions during the day, see it more than once ? A. No; not more than once. By Mr. O'Neil: Q. How many did you see at that time ? A. There was two. Jbsse C. Carpbntee, being duly sworn, testified as follows: By Mr. Gaednee: Q. Did you vote at the last election in Chester? A. I did not. Q. You live there ? A. Yes, sir. Q. Around the polls more or less all day? A. No, sir. 176 Q. No part of the day ? A. No, sir. Q. Did you see Walsh there ? A. No, sir. By Chairman Roebch: Q. Are you a Democrat or a Bepublican ? A. I am a Bepublican. By Mr. Gtaedner: Q. Who subpoenaed you ? A. I don't know what his name was. Q. Did you say you knew anything about the case ? A. No, sir; I haven't read anything about it. Q. Did you say anything to him or anybody else that you knew any- thing about this case ? A. No, sir. Q. Where did you vote on election day ? A. I didn't vote at all. Mr. HiESCHBEEG. — That is the trouble with Eepublicans. Chairman Eoesch. — Sometimes they don't vote, then again they vote too often. Q. Did anybody ask you to vote that day ? A. Yes, sir. Q. . Who was it ? A. George Vail. Q. Was he a Republican inspector ? A. Tes, sir. Q. Anybody ask you to vote ? A. Yes, sii:. Q. Who? A. FosWood. Q. Was he an inspector? A. Yes, sir. By Mr. O'Neil: Q. He is a Democratic inspector, Mr. Wood? A. No; he is a Republican. ^ Henbt Matthews, recalled: By Chairnian Roebch: Q. You were sworn in Albany ? A. Yes, sir. Q. Are you a member of the Sherman Club to-day ? A. I don't know whether they turned me out or not; I suppose they have. Q. Did they tilrn you out ? A. I don't know; I heard they did; that I won't say. Q. Who told you they turned you out ? A. I heard it; only a rumor around the streets; like other rumors that gets around. By Mr. Gardner: Q. You know Dunn that works for Doherty ? A. Yes, sir. Q. Did you see Dunn the next day after election? A. Yes, sir. Q. He at that time was a member of the Sherman Club ? A. Yes, sir. Q. What time in the day was it you saw Dunn ? A. About half-past 6 in the morning. 177 Q. Did you have any conversation ^ith hini ? A. I did. Q. What was it? Chairman Eobsoh. — We went all over that ground. Mr. HiRSOHBEEG. — Dunn was the witness they produced here this morning or yesterday. ■ , Chairman Eoesoh. — Whq,t do you want to prove by this witness ? Mr. Gaednee. — That he said he got something for his vote. Mr. O'Neil. — An impeachment of their own witness. Mr. Gaednbk. — We were surprised. • Mr. O'Neil. — You can not impeach him. Chairman Eobsoh. — Suppose they were told that he received money, and they subpoenaed him and put him on the stand, and it turns out ' he didn't, but in point of fact he did? Mr. Hiesohbeeg. — The point of fact can be proven; they can prove he h^d money. Mr. Gaednee. — This goes upon the question that he did. Mr. O'Neil. — If they can prove he did receive money, that is admissible. Mr. HiEscHBEBa. — They are offering this upon the theory he isn't to ' be believed. Mr. O'Neil. — His declaration is an impeachment, but the fact is ' contradicted; they seek to impeach him by showing he made declara- tions contrary to what he swears to. Mr. Gabdneb. — Our position is that when the witness is produced — Chairman Eobsoh. — I think you have got enough on that point. Mr. Gabdneb. — Very well. Q. What did Dunn say to you? A. He met me qs I was going to my work and asked me where Mr. Dawson lived; I showed him where , Mr. Dawson liyed; told him where he lived. Q. Did he say anything about he wanted to see him to get money for his vote? A. He didn't say about his vote; I want you to dis- tinctly understand this; I am going to tell you just what is fair and right and justice; Mr. Chairman, if you will allow me to explain this thing; I don't want to be rude about it; I have got no sword or axe to grind with anybody; now then, this $600 was given to the Sherman Club for a donation; I have said that all along; I said that in Albany, didn't I? Chairman Eoesch — You did. The Witness. — I said it was not given for votes; didn't I? Chairman Eobsoh.— You did. The Witness. — Now then, I want to explain this thing before New- burgh people; they have got me dowo to say that I have said that this 23 178 money was to give for votes, and I haven't said any sucli thing; now don't you see, sir; you can all laugh, but the truth is the truth; we got the $600 to spend just as we had a mind to, and we spent it just as we had a mind to. By Chairman Eoesch: Q. You got five dollars and forty-five cents 1 A. I did, and some besides me got it; now then, we didn't get it for votes. Q. Anything more ypu would like to say ? A. Yes, sir, I would; now gentlemen, Mr. Chairman, you are a good man I know, and you look like one, and they say around here. Senator Matthews; well, all right, Senator Matthews is Senator all right; the truth is the truth, and we don't want to tell anything else but the truth; I am here to tell the truth, and I don't say nothing but the truth. Peteb p. Rodgees, being duly sworn, testified as follows : , By Mr. Gakdneb: Q. Where do you vote ? A. Second ward, third district. Q. There is where you were last election day ? A. That is where I voted. , Q. Were you around the polls ' more or less all day ? A. Not in that district. Q. In what district were you ? A. Second district, fourth ward. Q. What were you, a watcher ? A. No, sir; special constable. Q. Did you see electioneering there 1 A. Not inside the 150 feet. Q. Did you see Mr. Hastings that day ? A. Yes, sir. Q. A Republican worker ? A. Yes, sir. Q. What is his first name ? A. John, I guess, or Tom. Q. Did you see him soliciting votes ? A. I couldn't say whether he was soliciting votes or not; he was a watcher and he could go out and in as he liked. Q. Did he bring any voters to the polls to vote ? A. He would go out and walk up to the polls with some of them; one or twa Q. Who were those; can you mention their names ? A. I guess Coon and Joy; a couple of them. Q. Did you see any others that he brought up to the polls that you now can recall, except those two ? A. I ^couldn't say whether he brought them up or not. Q. How far did he come up toward the polls with them? A. He would come in the carriage-house with them. Q. Prepare their ballots for them 1 A. No, sir. Q. Did you see anything else there that day other than what I have asked you about 1 A. No, sir; 179 Q. See any other Eepublican workers besides Hastings soliciting votes ? A. I seen Mr. Henry Rudolph. Q. Was he within the limits ? A. He was inside the carriage-house. Q. What was he doing ? A. Walked up behind a man and went in the booth. ^ Q. With the man? A. Didn't go in the booth; the man went in the booth. Q. Do you know the man he went up with ? A. Yes. Q. Who was it ? A. I think his name was Maginnis or McGinty. By Mr. Hieschbekg: Q. What was Mr. Eudolph doing that day? A. He was a watcher. Q. Entitled to be in there? A. Yes, sir. Q. When you say this Mr. Hastings was accompanied by Joy, do you know whether Joy brought him there or he brought Joy there, or they both come there together ? A. Hastings came there himself. Q. He didn't bring Joy there ? A. No; Joy came himself. Q. The same way with Coon ? A. Yes, sir. Q. Do you mean to say you saw Mr. Hastings soliciting any votes at all ? A. Only talking to them. Q. Talking to the men he met ? A. Yes, sir. Q. Did you hear what he said to any of them ? A. No, sir. Q. In a single instance? A. No; only they might be talking not with regard to politics. Q. You didn't see him doing any work at all that day ? A. Not inside the 150' feet. Q. Or any other man, either Rudolph or him? A. Yes; Rudolph left the door of the booth open, he was looking over his shoulder and the inspector called him down. Q. And he came down ? A. He did not as heavy as he did when Beckwith fetched him down. Q. What are you, a Democrat or Eepublican ? A. I am a Democrat. Charles H. Fishee, being duly sworn, testified as follows: By Mr. Gaednee: Q. You voted in what district and ward last fall ? A. First district of the third ward. Q. You were a Democrat worker ? A. Watcher. Q. Around the polls all day ? A. Yes, sir. Q. You saw there working that day one Eydell? A. I saw him outside. 180 Q. Tou saw him soliciting votes ? A. I saw him talking to one or two men. Q. Was he around the polls all day more or less ? A. I think he was. Q. He wasn't standing around, was he, all the while? A. He was standing at the door of Lawson hose-house. Q. What was he doing? A. Talking to men as they passed by. Q. On the subject of voting ? A. I couldn't hear what he said, my attention was called to him, I was inside as watcher. Q. Your attention was called to him? A. To him and another man. Q. What oth( r man ? A. McBurney. Q. The one that Raiser referred to in his testimony ? A. Yes, sir. Q What had he been doing? A. Mr. Raiser came in and said McBurney and Rydell were taking men in the Lawson hose-house; I asked him what was he doing with them and he said he thought he was fixing them in there, and I went out to the door and I saw McBurney and Rydell there and I told the policeman I wanted him to put those men outside of the line. Q. Do you remember who the policeman was? A. Sterling; he said he would talk to them. Q. What are Sterling's politics ? A. He is a Republican. Q. They stayed there, did they not ? A. I went back to the inside of the rail and Raiser came in afterwards and said the men hadn't gone away, so I went outside and saw them there again and I told Sterling if he didn't put those men away I would see they were put away. Q. What did Sterling say then? A. He said he would go and have them put away. Q. Did he ? A. He went up and spoke to them. Q. Did they go away ? A. They went around the corner. Q. Did they come back again ? A. Yes. Q. And stayed there ? A. For a short time. Q. That was within how many feet of the polls? A. I think it would be about sixty feet or so. Q. It was within the poll limits ? A. Yes, sir. Q. The place where Rydell was standing was up within a very few feet; less than twenty, of the voting place? A. I should think about sixty feet. Q. Were you acquainted with the character of many of the voters with whom McBurney was talking that day ? A. Some of them. Q. Were they of a purchasable character ? A. I think so. 181 Mr. HiRscHBEEa. — We object to that. Q. Do you know that they Vera ? A. I know. By Chairman Boeboe: Q. How do you come to know it ? A. I knew they had been pur- chased before. Q. How, because you were told so ? A. I was told so; one of them asked me one time how much I wo aid give him. Q. When was that ? A. Two or three years ago. Q. That is all that leads you to believe they were purchasable ? A. Yes, sir. Q. Would jou like to have anybody believe you were purchasable simply because some one said so ? A. No, sir. Q. That day did you hear a conversation between Kydell and Eaiser ? A. No, sir. Q. Did you hear Rydell say anything ta Baiser ? A. I saw him speaking to him ; I couldn't hear what they said. Q. Were they talking in a loud, boisterous way ? A. I could not hear it; the only time I saw them together I came out to see if there was anybody around there working and I saw them talking together, ■ but I didn't hear what they said. By Mr. Hirsohberg: Q. Tou didn't hear what Rydell and McBurney said to any of these men they were talking to ? A. I did not. ' John E. Caenes, being duly sworn, testified as follows: By Mr. Gardner: Q. Tou were a voter in the town of Monroe last election? A. Yes, sir. Q. The Democratic inspector of election ? A. Yes, sir. Q. You assisted in the counting of the ballots ? A. I did. Q. Did you see any marked ballots in that diistrict among the bal- lots which you counted that year ? A. I saw some three or four once that I thought were marked. Q. You saw three or four that you thought were marked; describe in what manner ? A. It was a Democratic paster with Mr. Richardson and Mr. McOormack; MoOormack's name was scratched off and Grant B. Taylor's name was written on. Q. Over McOormack ? A. Yes, sir. . Q. McOormack wasn't running in this district for Assemblyman, was he 1 A. No; he was not. 182 Q. Were there three or four of that kind of ballots which came ? A. Yes; thr.ee or four, I don't remember exactly whether three or four, about that number. Q. Was there six or seven of them? A. There may possibly, I couldn't say positively; there were three or four anyway, probably more. Q. Did you bring the attention of the other inspectors to that fact ? A. No; not at the time, I don't- remember any particular attention to it. Q. Was there anything said at the time by the board ? A. Nothing that I can remember. Q. What was done with those ballots. A. They were counted in with the others just the same. Q. Did you presume they were attached to the return which was handed to the supervisor? A. I believe they were. Q. The return will show for itself ? A. It ought to. Q. You believe that the inspectors did attach those ballots to the return ? A. I am almost positive they did. Mr. Washburn. — As to this telegram we are now in the possession of two Republican papers published at Middletown which profess to contain a copy of the telegrams, and I propose that these newspapers be put in evidence, with the understanding the counsel on the other side either admit this is a copy of the message or else produce the original. Chairman Eoesoh.- — • I understand the other side admit it is a copy.- Senator Eichakdson. — I prefer to get the original copy from the telegraph office. Mr. HiESCHBERG. — Suppose they use it with the privilege of substi- tuting the original ? Chairman Eoesoh. — Bead it to the stenographer. " Middletown, November 4, 1891, "W. B. RiOHARDsoN, Goshen, N. Y. " The Independent Grerman Club, of this city, who gave you more ' than 100 votes, congratulate you upon your triumphant re-election to the senate. "CHARLES KEANER, " President." Mr. Gardner. — That isn't all the proof that we propose to offer on the subject. We propose to offer in connection with the telegram the bidding for money on the part of the one who signed this telegram . and the asking of Mr. Lamont for financial aid. That we will do by 183 other witnesses in connection with this telegram, so we will offer it a little out of order; we haven't the evidence here this afternoon to do it by. Will you concede it was written by Mr. Keaner, the president of the club ? •> Chairman Eoesoh. — It is signed Charles Keaner, president. Mr. HiRSOHBEBa. — It is prima facie from him. Chairman Boesoh. — The committee stands adjourned to meet again next Tuesday evening at half-past 7 o'clock in the senate library in the Capitol at Albany. The committee then adjourned to Tuesday, February 9, 1892, at 7.30 p. M. Further adjourned to Moiiday, February 15, 1892, 1 p. m. Monday, February 15, 1892 — 1 p. m. The committee met pursuant to adjournment. Present — Chairman Eoesoh. Michael Mobgan, being duly sworn, testified as follows: By Mr. Washbukn : Q. Are you a voter in the town of Deer Park, Orange county ? A. Tes. Q. Did you vote there at the last election? A. I did. Q. Did you receive from any person any money for voting ? A. I did receive two dollars. ' Q. From whom did you receive the two dollars? A. Charles St. John. Q. Did he give you a paster ? A. He did. Q. What kind of a paster was it ? A. A Republican paster. By Chairman Eoesoh: Q. Did you vote that ? A. No, sir. Q. What ticket did you vote? A. The Democratic ticket. By Mr. Washbukn: Q. Where were you at the time St. John gave you the paster ballot ? A. I was in front of Porter's livery stable. Q. Where were you at the time he gave you the two-dollar bill ? A. Right there. Q. In what form was the two dollars; was it a two-dollar bill? A. Yes; I believe it was. Q. Was it in an envelope or was it open? A. No, sir. 184 Q. In what election district is Porter's livery stable ? A. I think in the eighth. Q. How far from the polling place ? A. I should judge about 125 feet. By Chairman Eoesch: Q. Did he pay you that before or after you had voted ? A. Before I voted; because I didn't vote in that district. Q. Did he know you didn't vote in that district? A. I don't know as he did. By Mr. Washbuen: Q. Had you voted formerly in that district ? A. Yes, sir. Q. At the election preceding the last election you had voted in that district? A. Yes, sir. Q. In the meantime you had moved ? A. Yes. By Mr. Hirschbeeg: , i Q. What is your business? A. Molder. Q. Where are you employed ? A. At Swett & Van Etten's foundry. Q. How long have you lived in Port Jervis ? A. About twenty-six years. Q. You claim that you sold your vote, do you ? A. No, sir. Q. Did you represent to him that you would vote as he wanted you to? A. No, sir. Q. Did he ask you to? A. He didn't say nothing; he handed me a paster, and — yes he did, too — he says, " will you take that ?" I says, "yes.'' Q. Go on ? A. That's all. Q. You told Mr. Washburn you received two dollars for voting? A. I received two dollars. Q. You told him you received two dollars for voting ? A. I received a two-dollar bill before I voted, and then I voted in my own district down town. Q. You told Mr. Washburn you received two dollars for voting; what do you mean by that if you didn't agree to sell your vote ? A. I was around there, and I was voting the straight Democratic ticket, and he paid me two dollars for it. Q. You received two dollars from Mr. St. John for doing it? A. Yes; he gave me two dollars and a Eepublican paster. Q. Didn't he say why he gave you the two dollars? A. No; only he said, " will you take this paster ?" and I said " yes." 185 Q. What did he say the reason was why he gave you the two dollars. A. He didn't say anything. Q. Not a thing ? A. That is what he said. Q. You said nothing ? A. I took it and walked off. Q. What did you do with the two dollars ? A. Spent it. Q. He didn't ask you how you were going to vote ? A. No, sir. Q. Where you were goiiig to vote ? A. No, sir. Q. Or, who you would vote'for ? A. No, sir. Q. Left that; entirely to your choice ? A. Yes. Q. You so understood it ? A. I took it th&t way. Q. You didn't take it he wanted to give you two dollars to vote the other ticket ? A. No; I supposed when' he gave me the Republican paster he had an idea I would vote it. Q. You supposed that? A. Yes. Q. Did you suppose he gave you the two dollars to induce you to vote it? A. I supposed he done that too. Q. That is what you understood at the time; that he gave you that for the purpose of inducing you to vote that paster ticket ? A. That is the way I took it, and I didn't vote that paster ticket. Q. Did you mean to leave him vyith the understanding you would vote that paster for the two dollars ? A. I didn't think anything about - it, whether I would or not ; I know I had my privilege which way to vote. Q. How do you know you voted the Democratic ticket? A. Because I can read. Q, You saw the names on it ? A. Yes, sir. Q. Mr. Lament's name on it ? A. Yes, sir. Q. And you voted for him '? A. Yes, sir. Q. That you are sure of? A. Yes, sir. Q. How far was this from the polls that the two dollars was given to you by Mr. St. John ? A. Eight in front of Porter's livery stable, I should judge about 125 feet. Q. Was it on the sidewalk ? A. Yes, sir. Q. What time in the day ? A. That I couldn't exactly tell you. ' Q. Moitoing or afternoon ? A. I think it was in the afternoon; I wouldn't be positive either way. Q. Why not, don't you know ? A. I do; but I was around that neighborhood a good deal. Q. Why don't you say? A. I think it was in the afternoon. Q. Are you sure it was in the afternoon ? A. I think it was. Q. Many people around there? A. There wasn't many on the sidewalk at the time. * 24 186 V Q. There were some ? A. Yes, sir. Q. In plain sight ? A. About ten or fifteen feet from me; not much further than that. Q. So that they could see what was being done ? A. I don't know whether they saw it or not. Q. They could see it ? A. If they were looking at me. Q. Nothing to prevent their seeing if they looked at you ? A. I guess not. ' Q. Who were these other people that were there? A. I don't know. Q. Some of them ? A. I couldn't tell you the names. Q. You have lived in Port Jervis twenty-six years ? A. Yes, sir. Q. Have some acquaintances ? A. Yes. Q. Don't know any of the people that were there ? A. I can't call any of them to mind. Q. Where did you go after receiving this paster ? A. I went down town. Q. The other direction ? A. Yes, sir. Q. Not toward the polls at all ? A. No, sir. Q. Mr. St. John saw you were not going to the polls ? A. I don't know; he started off. Q. Was there any thiiig to prevent his seeing it ? A. He wasn't going the way I was at all; he turned around and went in the livery stable; and I went down town. Q. He didn't ask you to go to the polls ? A. He didn't say anything about going to the polls. Q. Didn't look to see you went that way at all ? A. The last I saw of St. John he was going in the livery stable. Q. You say you don't know whether this was a two-dollar bill? A. I said it was a two-dollar bilL Q. Did you ask any one else for money that day ? A. No, sir; not as I know of. Q. Think about it? A. No, sir; I don't think I asked anybody at all. Q. Didn't you ask more money than that of the other side first? A. What other side ? Q. The Democrats ? A. No, sir. Q. Have you always been a Democrat ? A. Yes, sir. < Q. Always voted the ticket from principle? A. Yes, sir. Q. Never received any pay for your vote ? A. Not before that ; no. 'Q. Did you that time? A. I didn't receive it for my vote, because I didn't vote that way. 187 Q. That is tile reason you think you didn't receif e it for your vote,> is that it, because you didn't vote that way ? A. Yes. Q. That is the only time you ever took money on election day ? A. That is the only time I ever took money on election day that I know of. Q. Have you ever been in jail ? A. No, sir. Q. Tou are still employed by this same concern as a molder? A. Yes, sir. By Mr. Gardner: Q. Who is the first one that you told of this after you got the money? A. George Dawson. Chairman Roesoh. — What difference does it m,ake. John Dwyer, being duly sworn, testified as follows: By Mr. Gardner: Q. You live in Port Jervis ? A. Yes, sir. Q. Voted there last fall election ? A. Yes, air. Q. Get any money for voting ? A. No, sir. Q. Did you get any money on that day from anybody ? A. Yes, sir. Q. How much ? A. Half a dollar. Q. From whom ? A; Charles St. John. < Q. After of before you voted? A. Before I voted. Q. Who gave you the ticket you voted that day ? A. I got them down to the polls, I think. Q. What did St. John say when he gave you the fifty cents? A. Told me to go out and have a drink. Q. Did he give you a paster ? A. No, sir. Q. Did you vote the Republican ticket that day ? A. Yes, sir Q. What did you think he gave you the fifty cents for ? A. To go and get a drink. , Q. Cost fifty cents to drink up at Port Jervis ? A. No, sir. By Mr. Hirsohberg: Q. You did go and get a drink? A. Yes. Q. Jlore than one, perhaps ? A. Yes, sir. By Mr. Gardner : Q. You saw a Mr. Lynch after you voted ? A. I don't know him. Q. A detective from New York ? A. I don't know who he is. Q. Did you see a man soon after you voted ? A. Yes, sir. Q. Did you tell him St. John gave you that fifty cents to vote ? A. No, sir; I told him he gave it to me to go and have a drink. 188 By Chairman Eoesch: Q. Have you a subpoena? A. Yes, sir. By Mr. Gardner: Q. You have seen this man before [indicating] ? A. Yes, sir. Q. You saw him that day after you voted ? A. Yes, sir. Q. Did you tell him that St. John handed you a paster at the time he gave you the fifty cents ? A. No, sir. Q. And that he marked it with his nail ? A. No, sir. Q. Said nothing to him on the subject at all ? A. No. Q. What did you say to him, if anything ? Mr. HiBSCHBERa. — I object to that, as entirely immaterial. Chairman Eoesoh.^- What is the object of this ? Mr. Gardner, — The witness has already made an affidavit he sold his vote for fifty cents and St. John gave him the money; went before a justice and made an affidavit to that effect. Mr. HjRSCHBERa. — They can't impeach their own witness in that way. Mr. Gardner. — The only point is in regard to that paster. Mr. HiRSCHBERG. — It simply discredits him. Mr. Gardner. — That is whtit I wanted to offer the evidence for. Mr. HiRSCHBERG. — You can't discredit your own witness. Mr. Gardner. — I insist on the right when a witness has made a statement contrary to what he swears on the stand, I have a right to show it, especially when we claim he was acting in the interest of the adverse party, as he was in this case, voting for the Bepublican ticket at the instigation of a Republican worker. He says " I didn't do so; " we have a right then to ask him if he didn't say so. Chairman Eoesch. — Suppose witness had told counsel he had received five dollars for his vote and he was called and he goes on the stand and swears he did not receive anything for his vote, don't you think they would have a right to show this witness made a different and other statement ? Mr. HiRSCHBERG. — I never heard any such rule in law. Mr. Gardner. — That is the practice in court. More especially is the rule applicable if it is an adverse party. This is an adverse party, an adverse witness. Chairman Eoesch. — It is not an adverse party; you are discrediting testimony of your own; then you drive me to the conclusion not to believe anything he said. Mr. Countryman. — It is a mere question of failure of proof. A party puts a witness on the stand to prove a certain fact, and he fails to 189 prove it; can he tiirn around and impeach his own witness? Thej must call another witness and try and prove their case. Chairman Roesoh.-^ If you are allowed to show by this witness he - told you a different story, and that was allowed to go in necessarily, the committee would have to say this man is not worthy of belief at all, in anything he says; either lied when he told you that, or he lied when he Was on the stand, and it is difficult for the committee to say when he did lie. I will exclude it. William Habeb, being duly sworn, testified as follows: By Mr. Gardner: Q. You are in the service of the United States Government at West Point ? A. Yes, sir. Q. Did you vote last fall in the third election district of the town of Highlands ? A, I did. Q. You vote the Republican ticket ? A. Yes, sir. Q. How long have you resided at West Point? A. Thirteen years next June. Q. Have you a family ? A. Yes, sir. » ' Q. Ib their domicile also on West Point territory ? A. It is at present. Q. How long has it been there ? A. Two years last October. Q. Where was it before they came there? A. Town of Highland Falls. . . , Q. Where you reside is within the ceded territory; on the West Point territory? A. Where I reside at present; yes. ' By Mr. Hirschbebg: Q. Where was your legal residence before you went to West Point on the ceded territory ? A. In Highland Falls. Q. That is in the town of where you voted last year? A. Yes, sir. Q. Were you a voter there then ? A. Yes, sir. Q. How many years had you voted there ? A. Six or seven years. Q. Consecutively ? A.- Yes, sir. Q. When did you go to West Point to have your body there ? A. I don't understand the question. Q. When did you first eat and sleep on West Point? A. Eighteen hundred and seventy-nine. Q. Did you change your legal residence then or did you mean to continue it at Highland Falls ? A. I didn't come to West Point from Highland rFalls. 190 Q. Where did you come to West Point from ? A. From Peekskill, Westchester county. Q. How often have you voted since you have been on West Point at Highland Falls? A. Seven or eight times. Q. How many years have you been at West Point ? A. Thirteen years next June. Q. When did you move from Westchester county? A. Eighteen hundred and seventy-nine. Q. Where to ? A. West Point; I wasn't married at the time. Q. You married at Highland Falls while you were at West Point ? A. Yes, sir. Q. When ? A. Eighteen hundred and eighty-two. Q. Where did your family live then ?. A. Highland Falls. Q. Your family lived at Highland Falls while you were a soldier at the Point ? A. Yes, sir; with the exception of the last two years. Q. And during those ten years you voted at Highland Falls ? A. Yes, sir. Q. Claiming your residence there? A. Yes. Q. Have you children ? A. Four. Q. Born at Highland Falls? A. With the exception of the last one; three were born at Highland Falls. Q. Do you know that the question of the right of a soldier to vote was tried in the courts a year or two age ? Mr. Gaedner. — I object to that. Chairman Roesch. — The witness may answer. The Witness. — Yes, sir. Q. Judge Barnard decided you had a right to vote at Highland Falls? A. Yes. Q. Do you know the same question was raised in Brooklyn before Judge Bartlett ? A. Yes, sir. Q. And he refused to strike the names ofE the registry ? A. Yes.eir. By Chairman Robsch: Q. Prior to coming to the Point you had lived in Westchester county ? A. Yes, sir. Q. After you had come to the Point you were married in Highland Falls ? A, Yes, sir. Q. You lived with your wife and family at Highland Falls up to two years ago ? A. Yes, sir. Q. Then you moved to the Point ? A. Yes, sir. Q. But you have continued to vote at Highland Falls ? A. Yes, sir. Q. You claim a residence at Highland Falls ? A. I do. 191 Q. You have not voted at any other place but Highland Falls ? A. No other place. ' By Mr. Dimmiok: Q. The district that you voted in this last fall, was it the same dis- trict you had always rvoted in ? A. Under this new law; yes, sir. Q. Prior to the new law, was it the same district you, had always voted in ? A. The districts under the new law were_changed. Q. Was the territory in which you voted the same territory in which you had voted in the previous years when the districts as to number was different ? A. Yes, sir; the same one. By Mr. HiESOHBBKa: Q. Did you vote in the district which the inspectors assigned as the district for the voters in Highland Falls to vote, of the soldiers who were engaged for the government at West Point ? A. Yes, sir. John Eenb, being dulypworn, testified as follows: By Mr. Gaednee: Q. You reside on West Point territory ? A. Yes, sir. Q: Voted in the third election district of the town of Highland Falls . last fall? A. Yes, sir. Q. When di,d you come to West Point? A. In 1870. Q. Where did you come from when you came there ? A. From Poughkeepsie. Q. How long had yqu been living in Poughkeepsie ? A. Ever since I was a baby. Q. Did you ever vote in Poughkeepsie ? A. No, sir. Q. How .old were you when you went to the Point 1 A. Sixteen years. Q. You have resided there ever since ? A. Yes, sir. Q. You voted the Eepublican ticket ? A. Yes, sir.' By Mr. Hibschbekg: Q. How did you come to vote there at Highland Falls ? A. There , was a decision made, I think, from Jadge Barnard. Q. You registered there and claimed a right to vote ? A. Yes. Q. Mr. Gardner, the counsel, took out proceedings to compel the inspectors to strike your name off? A. Yes, sir. Q. They were returnable at Poughkeepsie before Judge Barnard? A. Yes. Q. He decided you had a right to vote f A. Yes, sir. Q.. And refused to have your name struck off ? A. Yes, sir. Q. I appeared there at the time as counsel ? A.. Yes, sir. 192 Joseph Buchar, being duly sworn, testified as follows: By Mr. Gabdner: Q. Tou reside on West Point territory ? A. I do. Q. When did you come there ? A. 1883. Q. Where did you come from ? A. Dakota. • Q., Tou have resided there ever since ? A. Ever since. Q. You voted last fall in the ttird election district of the town of Highlands ? A. I did. Q. Voted the Bepublican ticket ? A. I did. By Mr. Hibschberg: Q. Where did you move to when you left Dakota ? A. I went to New York a short time and then came to West Point. Q. Didn't you go to Highland Falls first? A. I went to West Point to look out how that place suited me, and if I could enlist, and I wrote home my wife at Dakota, telling her the circumstances, if she was satisfied with agreement I made, and I wait in Highland Palls until I could hear from her. Q. You did go to Highland Falls ? A. Yes. Q. You really enlisted from Highland Fall ? A. Yes. By Chairman Roesch: <. Q. Did your wife come on from Dakota ? A. Yes, to West Point; she came a good while after I enlisted. By Mr. Hirschbeeg: Q. Wasn't your case brought up before Judge Barnard ? A. Yes. Q. Didn't he decide you had a right to vote ? A. Yes, sir. Chairman Eoesch. — What is the use of calling any more witnesses and taking up the time of the committee on this point ? If that is the decision of the justice, that is the end of it. Mr. Gabdner. — We have a decision from the county judge, holding that a maii under his circumstances wasn't entitled to vote. Chairman Eobsoh. — 1 do not mean to say the committee is absolutely bound by the decision; the committee might have all the facts before them in a different way from what were before the justice in that case. I would not attempt to sit here and say I would not follow the ruling of a Supreme Court df justice in these cases. I would say that they could put witnesses on the stand whose cases in some particular or element were different from the cases decided, but where they put the very witnesses on the stand whose cases were 193 before the court, it seems to me I would not be true to iny legal education if I did not feel bound by that decision. Mr. G-AKDNEK. — In the case of a conflict of decisions on the very statement of facts the committee would rather be guided by the decision of the supreme court ? Chairman EoEsoH. — No; where you put the question on generally as to the right of these people to vote, I do not want to say the com- mittee is bound by any decision that has been rendered, but I do think the committee is bound in these individual cases. By Mr. Washbukn : Q. How long was it after you came from Dakota before you went to West Point ? A. Some two or three months. Q. You had only been in Highland Falls about two or three months when you enlisted from there; how long were you in Highland Falls after you came from Dakota ? A. Once seven or eight days; then I was there two or three nights. Q. At that time you enlisted after you had been there that short time ? A. Tes. By Mr. Taylor: Q. Did you ever vote in Highland Falls before you enlisted? A. No. Mr. Washbubn. — Any decision of the supreme court I think ought to be very thoroughly shown here. If a man is to acquire a residence from Dakota in two or three months. Chairman Roesoh. — If the case was by a county court as to a par- ticular witness on the stand, I should say that was the end of the mat- ter with me. I wouldn't say that was a general principle that I would follow in all cases, but I will say that is an end of it with me as to these witnesses. Mr. Gakdnee. — We will expedite the matter by producing the poll- list and agree on a state of facts. Chairman Eoesoh. — If seventy voted, that statement could be placed on the record they voted at such a place and you can place upon the record in these cases they had a right to vote; that standing there with those seventy cases and not explained away otherwise the com- mittee would come to the conclusion all seventy had a right to vote. Maeods J. Lewis, being duly sworn, testified as follows : By Chairman Eoesch: Q. Where do you live ? A. West Ppint. Q. Are you in the government service ? A. Tes. ?5 194 Q. As what? A. Bandman. Q. Have you been subpoenaed to appear before this committee? A. Tea, sir. Q. You are here now in obedience to that subpoena? 'A. Tes, sir. August Lentnek, being duly sworn, testified as follows : By Chairman Koesoh: Q. Where do you live ? A. West Point. Q. Have you been subpoenaed before this committee ? A. Yes, sir. Q. You are here in obedience- to that subpoena ready to testify ? A. Yes, sir. Q. How far from Albany ? A. Ninety-four miles. Robert Eivruros, being duly sworn, testified as follows: By Mr. Tatloe: Q. You live on West Point ? A. Yes, sir. Q. Are an enlisted soldier? A. Yes, sir. Q. Pave h^en subpoenaed before this committee ? A. Yes, sir. Mr. GrARDNEB. — The counsel for the sitting member and our side will agree upon a statement of facts and submit to the committee as to the place of residence of these voters at West Point. Edgae J. Veooman, being duly sworn, testified as follows: By Chairman Eoesch: Q. Where do you live ? A. Newburgh. Q. Have you been subpsenaed to appear in this case ? A. Yes. Q. How far away from Albany ? A. Eighty-five miles. By Mr. Gardner: Q. You vote in the city of Newburgh, did last fall ? A. Yes. Q. Fourth district of the first ward ? A. Yes, sir. Q. You were a watcher ? A. Yes, sir. Q. Were you present when the votes were counted ? A. Part of the time. Q. Did you observe Democratic as well as Bepublican watchers counting the votes that night ? A. I did. Q. Upon which the result was announced ? A. I wasn't there when the result was announced. Q. You saw them counting the votes ? A- Yes, sir. By Mr. Hiksohbeeg: Q. Did the inspectors count them too ? A. Yes, sir. 195 Matthew Wintbks, being duly sworn, testified as follows: By- Mr. Gtaedneb: Q. Last fall^jfou voted in the city of Port Jervis ? A. Yes, sir^ Q. yoted the Kepublican ticket ? A. No, sir. Q. Do you know which ticket you did vote? A. Democratic ticket. Q. Did you receive any money on the day of election ? A. Yes, sir. Q. Prom whom did you receive the money ? A. Charles St. John. Q. Is he a Republican worker? A. I guess he is; yes, sir. Q. How much did you receive from him ? A. Two dollars. Q. What did you do with the two dollars you received ? A. Spent it. Q. Did you at once tpU anybody of it after you had voted? A. Yes. Q. When you received the two dollars? A. Not right after I received it I didn't. Q. When you received the two' dollars what did you get with it, if anything ? A. I didn't get nothing. Q. Was a paster handed to you ? A, That was before he give me the two dollars. Q. He first handed you a paster ? A. Yes, sir. Q. You went and voted it ? A. No. Q. How soon after he handed you the paster did he give you the two dollars 1 A. Twenty or twenty-five minutes, Q. Did he give you the money after or before you voted ? A. He gave me tb© money after I voted. By Chairman Roesch: Q. What paster was it. Democrat or Republican ? A. Republican. Q. Did you go into the polling place with that paster in your hand ? A. No, sir. Q. Did you take it with you into the polling place ? A. No, sir. Q. Did you vote it ? A. No, sir. ' Q. You got the paster and then you ,went in and voted, but you didn't vote that paster ? A. No, sir. Q. After you came out and had voted you got your two dollars ? A. Yes, sir. Q, What did he say to you when he gave you the two dollars 1 A. He says " Here is two dollars; go and treat the boys." Q. What did you suppose you got the two dollars for? A. I sup- pose be give it to me; thought I would put in a Republican paster. Q. Did you put in a Democratic paster? A. No; sir; I don't believe I did. 196 Q. What paster did you put in ? A. Ain't there tickets without pasters ? Q. You put a ballot in without a paster? A. Yes, sir. By Chairman Eobsch : , Q. You voted the straight Democratic ticket ? A. Yes. Q. Without scratching any qame o£E? A. I don't believe I scratched a name off. ,.Q. Where did you get the two dollars? A. On the corner. Q. On the sidewalk ? A. Yes, sir. Q. Who was around there at the time ? A. Nobody. Q. Where do you work ? A. On the Erie road. Q. Jn what .capacity ? A. Brakeman. < Q. Where do you live in Port Jervis ? A. I live on King street. Q. Who with ? A. My mother, Bridget Winters. Q. Did he ask you to vote that ticTiet when he gave you the money; ask you how you had voted? A. No, sir; he says "how is it;" I says "all right." Q. Did he promise you anything when you went into vote? A. No, sir. Q. Did you ask him anything wh en you went into vote ? A. No sir. Q. Didn't promise to pay you anything when you went in to vote ? A. No, sir. Q. Didn't say he would give you two dollars if you voted that paster ? A. No, sir. Q. Nothing of that kind? A. Yes, sir; that is so. , By Chairman Eoesch : Q. Did he say nothing at all to you when he handed you the paster ? A. He asked me had I voted. Q. Where were you when he first spoke to you ? A. At the corner where he gave me the two dollars. Q. How far away is that from the place in which you voted ? A. Four hundred feet. Q. Was it also at that place he handed you the paster ? A. Yea, sir. Q. It was also at that place he paid you the money ? A. Yes, sir. Q. He said nothing to you when he gave you the paster ? A. He said, " Have you voted yet ?" I said, " no, sir." Q. What did he say ? A. He handed me the paster. y. Said nothing? A. Said nothing. Q. Didn't tell you to go in and vote that and come out and let him know ? A. No, sir^ 197 Q. You then went with that paster, but you didn't vote it ? A. No, sir. Q. You voted the Democratic ballot without a paster on it ? A. I forget whether I put the paster on the Democratic ticket or not. Q. Can you write ? A. A little bit. , Q. Can you read ? A. Yes, sir. Q. Where were you born ? A. I was born in Cochecton. Q. Where did you go to school? A. Port Jervis. Q. He gave you this two dollars at the corner'? A. Yes, sir. Q. There was nobody else around ? A. No, sir. Q. What time of day was it ? - A. After 11 o'clock. Q. What time in the day was it you voted ? A. It may be a quarter past 11. Q. Did he give it to you in an envelope ? A. No,' sir. Q. Just handed you the money, a single two-dollar bill? A. A single foliar and a one-dollar bill. Q. A one-dollar bill and a silver dollar? A. Yes, sir. Q. You are sure about that 1 A. Yes, sir; pretty sure. Q. Did he give it to you openly, publicly, as one man would give another money to which the other was entitled? A. No, sir; he slid it to me. By Mr. Hieschbeeg: Q. There was nobody around? A. No, sir. Q. Why did he slide it to you? A. He slid it along; down along the side of me. Q. Your hand went alongside there, too ? A. Yes. Q. Why did he do that if there was nobody there to see it ? A. The Delaware House was right across the street; people in. By Chairman Koesch: Q. Did he ask yoii then and there whether you had voted his paster ? A. No, sir. Q. Did you tell him you had voted his ticket? A. No, sir. Q. Did you expect if you did not tell him that you had voted his ticket that you would not get the two dollars ? A. I suppose if I told him I didn't vote his ticket I wouldn't get it. Q. You told him you voted his ticket in order to get the two dollars? A. I didn't tell him; he didn't ask me. Q. He took it for granted; is that what you mean? A. I suppose he thought so. 198 WiLUAM BoNEE, ibeing duly sworn, testified as follows: By Mr. Gardner : Q. Ton reside in the city of Port Jervis ? A. I d6. Q. And was at work at the polls, last fall election ? A. I was around the polls. Q. In the interest of the Republican candidates ? A. I didn't say so. Q. Were you? A. I was working for my party ticket; I am a Bepublican. ^ Q. In what district did you vote ? A. In the eighth. Q. Did you have any money in your possession that day ? A. No, sir, no more than what belonged to me, that I earned. Q. Tou did have some ? A. My own money. Q. How much did you have ? A. About two dollars, two and a half; may be a little more. Q. Did you solicit anybody to vote that day the Bepublican ticket ? A. No, sir. ^ Q. "What were you engaged at if anything about the polls in the eighth district? A. I had some pasters; I was soliciting as far as this went, trying to do all that I could for my party, but not with no money. Q. You had pasters with you A. I did. Q. And talking with voters, asking them if they couldn't vote your pasters, that you had, more or less all day you were engaged in that business ? A. I was there off and on. Q. Did you prepare the pasters for anybody to vote that day? A. No, sir; not that I remember of. Q. Will you swear you didn't ? A. I will swear to the best of my knowledge and belief I didn't. Q. Were you talking in any particular building that day with some Yoters ? A. No; all the building I was in, I went in with some of my Democratic friends in the Park hotel, and had a drink. Q. You were not in any building working with voters that day with reference to the way they should vote ? A. Not that I know of; not that I can remember. Q. Did you tell any voter who to go to after they had voted ? A. No, sir; distinctly, no, sir. By Chairman Boesch: Q. Was there any one place around the polling place in which you instructed voters or requesjied voters to meet you ? A. There was not. 199 Q. To get any instructions from you? A. There was not, to my knowledge. Q. Did you see St. John that day? A. I saw him when he came up to the polls once or twice; he asked how it was going, and I told him it was a bard thing to tell. Q. You didn't tell any man to go and see St. John that day ? A. No, sir. Q. Did you see St. John the day before election ? A. I saw him on the street. Q. Did you have any conferences with him on the subject of elec- tions at all ? A. No, sir. Q. At any time before election ? A. No, sir. Q. Did you after election ? A. No, sir. Q. You got paid for your day's work, I suppose ? A. No; I didn't get no pay for it. Q. Didn't you ask anybody for pay ? A. No, fiir. Q. Did you have any conversation with a colored man by the name of Odell that day? A. I did. Q. Did you ask him to vote ? A. No; I didn't ask him to vote. Q. Did you show him a paster ? A. I gave him one. Q. Did you give him anything else when you gave him the paster ? A. I did not. Q. Did you promise to give him anything? A. I did not. Q. Was it a Eepublican paster you gave him ? A. It was. Q. Did he see you after he voted ? A. No, sir. By Mr. Hieschbeeg: Q. Do you know these witnesses that are here from Port Jervis to- day ? A. I know the most of them. Q. Did either of them speak to you about money that day ? A. Tes, sir. Q. Which one ? A. The first witness, Mickie Morga,n; he asked m^ half a dozen times during the last two hours the polls were open if I wouldn't give him three dollars and fifty cents; I told him I had nothing for him; he still persisted, and I says, "I haven't any money;" he says, "I have got to have pay for my day's work;" I says, "Don't look to me for pay for your day's work, for I haven't any money ." Q. Do you know whether there was any money used on election day ? A. Not to my knowledge. Q. Was there any on the other side ? A. Not to my knowledge. Q. Tou don't know about that? A. No, sir; I would like to correct a statement made here before in reference to this giving a paster to 200 Lorenzo Odell; this, gentlemen, I am prepared to substantiate by four good, reliable witnesses; I was standing on the side entrance of the Park Hotel, at the least calculation 250 or 275 feet from the polling place; Lorenzo Odell, a colored man, came up; he says, "Good morning;" I says, "Good morning, Lorenzo;" he says, "Have you got any tickets?" I says, "No, sir; I have not;" another gentle- man by the name of Johnson said, "Lorenzo, you will have to get, your tickets over in the booth;" he says, "I want one of them stickers;" I says, "I can give you one of them;" I gave it to him; he started off Main street; I hollered to him, "Lorenzo, are you. going to vote?" he says, "No; I have a job to-day, and I won't be back until after dinner;" that was the last I saw of Mr. Odell all that day. LoEENZo Odell, being duly sworn, testified as follows: By Mr. Gabdkee: Q. Tou voted last fall in Port Jervis ? A. Yes, sir. Q. Before you voted did you see the last witness that was sworn, Mr. Boher ? A. Yes, sir. Q. Did he give you a paster ? A. Not at that time. Q. Did he at any time during the day? A. Yes, sir. Q. Did he give you any money tl^at day? A. Yes, sir; I believe he did. Q. How much ? A. Two dollars. Q. When did he give it to you ? A. I don't know what time of day it was; afternoon, I think. Q. Was it after or before you voted ? A. After I voted. Q. You voted the paster he gave you ? A. Yes, sir. By Mr. Hieschbeeg: Q. Who was there when he gave it to you ? A. Nobody but me and him; Q. Where were you? A. I ain't sure whether it was on the Park House corner or whether it was between the polls and the livery stable. Q. It was one place or the other? A. One place or the other. Q. On the sidewalk in Port Jervis? A. Yes, sir. Q. Li the thickest part of the village? A. There was no one around, though. Q. What time of day was it ? A. I don't know whether it was in the forenoon or afternoon, but I think it was the afternoon. Q. Why don't you know? A.. Because I don't; I didn't keep no such thing in my memory; in other words, I was working that day, and I didn't take much time to think of anything. 201 Q. There was nobody on the street at all ? A. On the street, but nowheres near around where we was that I know of. Q. Wha;t were you working at ? A. Digging a ditch for a sewer in Mr. Marvin's yard. Q. That is away up in the village ? A. Up in Brooklyn, Q. Tou were working there all day ? A. I came down to vote. • Q. When did you come down to vote ? A. I think it was in the afternoon; I know it wasn't in the morning; now, I am sure of it; I stayed and worked for a day, and when noon came 1 came down to the polls, and I went back in the afternoon to work again. Q. What time did you go back in the afternoon ? A. One o'clock or a little after. Q. What time did you come down to the polls? A. When the whistle blowed for noon, and went back a little after 1. Q. This was between 12 and 1 ? A. Must be. Q. That is the time when the streets are more crowded than any other? A. No, sir. Q. Men going to their work and to the polls ? A. And to their dinner. Q. There wasn't anybody around there? A. Not that I know of. Q. Handed you this money right on the sidewalk ? A. No, sir. , Q. Where did he hand it to^ you ? A. Into a little place, a little building. Q. What little building ? A. A man named Dore. Q. What is his business ? A. I don't know; papers and things. , . Q. What street is that on ? A. Pike street. Q. What number ? A. I don't know what number. Q. Why did you swear you didn't know where he gave it to you before ? A. I mean the paster. Q. The money I am talking about ? A. He gave it to me in a little ' store. Q. The same as the paster ? A. The paster he gave to me on the sidewalk. Q. He gave you the 'money in this store ? A. Yes. Q. Why did you say before you didn't know w;here he gave you the money, whether on the corner or between the polls and the other place ? A. I meant the paster. Q. What time did you get the paster ? A. Between 12 and 1 o'clock. Q. Before or after you voted 1 A. After I voted. Q. How long after you voted ? A. I don't know that. Q. How long was it before you voted that you got the paster ? A. I went right away and voted after I got the paster. 26 202 Q. Who was in this place of Dore's when you went in to get the money ? A. Nobody but himself. Q. Who was "himself?" A. A man I know; his name is Dore; that/ is all I know about it. Q. Was Mr. Dore where he could see you ? A. I didn't see him looking; he was attending to his own business. Q. Have you ever been in jail? A. I was there once or twice for getting drunk. Q. Were you ever in there for anything else ? A. No, sir. Q. Were you drunk that day? A. No, sir; didn't drink a drop that day? By Chairman Roesoh: Q. Didn't you drink anything after you got the money ? A. No, sir. Q. What kind of money was this, iu bills or silver ? A.^ Two-dollar bill. Q. One two-dollar bill ? A. One two-dollar bill. Q. How did he give it to you; did he slide it to you? A. He kind of handed it to me that way. Q. Handed ijt to you right out? A. Not right out. « Q. How was it? A. I couldn't exactly tell you. Q. What do you work at now ? A. I ain't doing anything now, much of any account, but when I am' working I am wcnrking for the water company. Q. Tou live now in Port Jervis ? A. Tes, sir; I have lived there about twenty-six years. Q. Voting there all the time ? A. Tes, sir. Q. Can you read ? A. A little, not much. Q. Can you read enough to be able to say what paster it was he gave you ? A. No, sir. Q.. You don't know whether it was a Democratic? A. I don't, think it was, because he is a Republican man and a good, strong one, too. By Mr. Hibsohbbr&: Q. Do you always vote the Republican ticket ? A. Yes, sir. By Chairman Roesoh: Q. You went in and slapped this paster on a ballot and voted? A. Yes. Q. What did' he say to you when he gave you the two dollars ? A. Didn't say anything; just handed it to me. 203 Q. Open? A. No, sir; had it in his' hand. Q* Two-dollar bill opened out or crumbled up ? A. Just crumbled up; anybody that took notice could see it. Q. You could see it ? A. I see it. \ -■ By Mr. HiESCHBERG : Q. Did he give it to you for voting ? A. I don't know. Q. Did he promise to give you anything when you voted ? A. I asked him, when he asked, me had I voted; I told him I hadn't; he asked me was I going to vote; I told him I would after a while; I don't remember what he said then; I said, " How much is in it?" he said, "a dollar;" I s^ys, "No, sir; I guess I v7on't vote for that; I want two,'' and he give me two. Q. Have you been promised anything for coming here and swearing to this? A. No, sir; not- a cent. Q. Who paid your expenses here ? A. William Martin, the man that came with us. Q. Tou have not been promised anything ? A. Not a thing. Q. Have you been paid , anything ?, A. No, sir; ain't had a thing, even to a drink of water; yes; I did have that. By Mr. Gaednee: Q. Do you know Ben Williams up there ? A. Tes, sir. 4 Q. Did he get anything for his vote ? A. I do not know. Q. Did he say anything to you about it ? Mr. HiKscHBEKG. — I object to that. Chairman Eoesoh. — Produce the man himself. Q. Do you know Charles Broadhead ? A. Yes, sir. Q. Did he get anything for his vote 1 A. I don't know, only what he said. Q. What did he say ? Mr. HiESOHBEEG. — I object to that. Mr. Gaednee. — We can't secure these two witnesses. - Chairman Eoesoh. — For what reason ? Mr. Gaednee. — They are out of the State, as I understand it. Mr. CouNTEYMAN. — Is that any reason for introducing hearsay ? Q. Were you around about the time they voted ? A. |^o, sir. Q. All you know about whether they got anything or not is what they told you ? A. I asked them when I wafi coming from my work at nooiJ and they were going home; I wanted to know, because I wanted to be in it too. 204 William Boner, recalled. By Mr. HiBSOHBEEa: Q. How long have you lived in Port Jervis ? A. I came in Port Jervis September. 1872. Q. Lived there ever since ? A. Yes, sir. Q. How are you employed there ? A. A packer of glassware in the Orange County Plate-glass Works. , Q. Been employed there this twenty years? A. Very near twenty years. Q. You have heard the testimony of this negro T A. I have. Q. Is there any truth in the statement? A. Not one word. Q. Did you pay him two dollars ? A. I did not. Q. Were you at the polls at all during the time he mentioned? A. I went to my dinner with my two children that goes to school to the academy; as I came around the corner those two came, and I went up to dinner with them. Q. How long was it before you came back? A." I think, to the best of my knowledge and belief, it was ten minutes past 1. Q. About noon when you went to dinner ? A. Yes. Q. Did you take him into this place of Dore's and give him two dollars, or any sum of money ? A. No, sir. Q. Were you in there with him at all? A. No, sir; I never saw him only that one time; I gave him the paster then. Q. He walked away ? A. He walked away down Main street. Q. Didn't vote at all ? A. No, sir. Q. You didn't see him again that day aftdrwards ? A. No, sir. Q. That you can prove by other witnesses ? A. Four different wit- nesses stood there at the time; I know some of them remembered it because I asked them Saturday night. Q. You heard he was coming here to testify ? A. Yes; they have Jbeen ransacking Port Jervis all over. By Chairman Roesoh: Q. You know him ? A. Certainly I do. Q. You met him on election day ? A.' I met him at the time I stated. , Q. You gaye him the paster ? A. Yes. Q. He is right when he swears he got a paster of you ? A. Yes. Q. You stop there; ybu didn't go any further with hiiii? A. I did not. ' * Q. You didn't go to that building with him ? A. No, sir; I did not Q. You didn't give him a two-dollar bill ? A. I did not. 205 Q. Tou are a Eepublican ? A. I am. Q. And have been such ever since your residence in Port Jervis ? A. No, sir; ever since Cleveland run for president; then I changed my politics; always a Democrat before. Q. Tou. mean 1884 or 1888? , A., Eighteen hundred and eighty- four. Q. Are you an officer of a Republican organization? A. No, sir; I don't belong to no Eepublican organization. Q. What were you doing there on election day ? A. I was there. Q.^ Supporting your party and doing all you could ? ^>, Yes. Q. Were you engaged in the same kind of work, that is working for the Eepublican party a year ago ? A. I was. Q. At the election prior to the last ? A. I was there. Q. How long have you known him i. A. That would be hard to tell, but I think perhaps ten or twelve years. Q. Ton have met him on former election days, have you not? A. No, sir. Q. Have you not at any former election asked him to vote your ticket ? lA. I have asked him if he would vote the ticket. Q. At former elections you handed him Eepublican ballots? A. I don't know that I ever handed.!|jiim a ballot; I have tried to ask him to go and vote. Q. He says that you gave him a paster; that he voted that paster and that after having voted that paster you gave him a two dollar bill in this store; you say you gave him the paster? A. I gave him the paster. / Q. But you didn't give him the two-dollar bill ? A; No, sir; alid there were four gentlemen stood right around me. Q. He says nobody stood around where you gave him the bill; what do you say to that? A. I didn't give him no bill. Q. Did you go into that store with him ? A. No, sir; I did not. Q. How far away is that store from the store at which you gave him the paster ? A. One hundred and seventy-five or 200 feet. Q. Had you been in the store at all election day ? A. I went in to get a cigar: that is all. Q. Met nobody in there ? A. No; there was one or two persons in there at the time I went in. " Q. Tou went in to get a- cigar but one time? A. I may have went in once or twice. Q. Every time you went in you went in to get a cigar ? A. All the time I went in; I don't think I was in there over twice that day. Q. Tou went in for no other purpose ? A. No other purpose. 206 Q. Was this a cigar store ? A. Yes, sir; stationery and newspaper office and cigars; Nelson B. Dore. Q. Have you ever had any trouble with him ? A. No, sir; not to my knowledge. x Q. Ever had any words with him ? A. No, sir. By Mr. HiKSCHBEEa: Q. You knew he was a Republican ? A. Certainly. Q. I understand you to say when you gave him the paster he said he didn't iatend to Vote? A. Not until after dinner; he went off directly from me, because there were four of them wanted a drink and we were going over. By Chairman Koesch: / Q. He says you asked him had he voted, and he said no; you asked him was he going to vote; he said he was going to vote later on; then he asked you how much was in it, and you told him a doUas; is that false ? A. That is false. Q. Then he says he said to you he wouldn't vote for a dollar; he wanted two dollars; is that false? A. That is false. Q. He says you then gave him the two dollars; is that false? A. That is false. , Q. Then the story he tells here in detail, as a negro, as to your meeting him in this place, you declare to be a falsehood ? A. All beyond the fact; I gave him a paster when I said I did, at 10 o'clock in the forenoon. Q. He says he was at work until the whistle blew on election day, and that he was not working during the dinner hour; met you during the dinner hour, and went back to his work shortly after 1 o'clock ? A. That is my evidence; I stand ready to substantiate it by four reputable men. Lorenzo Odell, recalled: By Chairman Kobsch: Q. You have listened to Boner testify? A. Yes, sir; I have listened good. Q. Do you knaw that you have taken an oath to tell the truth ? A. Yes, sir. Q. You have sworn? A. Yes; and am willing to do it again. Q. You have listened to Mr. Boner's story ? A. Yes. Q. He has heard yours ? A. Yes, sir. Q. He says that you lie; what do you say ? A. I say I don't lie; I am willing to take all the oaths from now until 6 o'clock, that I have 207 told the truth all the way through; that he paid me the two-dollar bill in Mr. Dore's, and he give me the paster on the sidewalk at din- ner time, between dinner hour, 12 and 1 o'clock; that was the time; a little after 1 o'clock I went back to my work. Q. Didn't you see him before 12 o'clock ? A. Yes, sir. Q. Before 12 ? A. No; I didn't see Mm be/ore 12. Q. Tou saw him about 10 ? A. No; I was to work about 10 o'clock. Q. It was about 11 o'clock? A. No, sir; I am sure about that. Q. Suppose your boss was to come here and swear you didn't work there at all election day ? A. I wouldn't be afraid if he was here this moment. Q. How long have you known Boner ? A. I don't know exactly how long; I have no doubt it was eight or nine or ten years. Q. Ever have any trouble with him? A. No; me and him have always been the best of friends. Q.. How much did you get for your vote at the election before the last? A. I don't know as I got anything; I know he didn't have noth- ing to say to me or didn't bother me at that time. Q. Did you ever befojre, at any election, get any money from Boner ? A. No, sir; never. Q. Did he promise you any ? A. No, sir. Q. This is the only time ? A. This is the only time. Q. It is a pretty hard thing for you to swear false and put a man in such a light as that? A. I wouldn't doit under no circumstances, unless it was — well, you know what I mean, necessary; that is, to tell the truth and do it; to lie, I ain't agoing to do it. By Mr. Hibschbeeg: .Q. You would sell your vote for two dollars ? A. No, sir. Q. You s&id one dollar wasn't enough, but you wouldn't lie ? A. No. By Chairman Eoesch: Q. You -vote the same ticket he does ? A. Yes. Q. You don't' consider that selling your vote because you vote the same ticket anyway ? A. That is what I mean. Q. Did you say you had been locked up ? A. I have been in jail for getting drunk; I have been in three or four times for that. By Mr. Hibschbeeg: Q. Do you know Mr. Clarence Knight ? A. Yes. Q. And William Johnson ? A. I do. Q. And some other Johnsons ? A. I know three or four Johnsons. Q. Didn't you meet Mr. feoner that election morning when he was 208 with these four men? A. No, sir; didn't meet . him any time except between 12 and 1 o'clock. Q. Then he was alone ? A. He was alone; no; he was talking to two or three men lower down from the polls.. Q. Who were they ? A. I don't know who they were. Q. Strangers ? A. Soj they weren't strangers, but I didn't notice who they were; they went on to their dinner, I suppose, and that is the time I met him. Q. He had three or four men with him ? A. No. Q. Were they these men I have named? A, I don't think it was. Q. tVhy don't you think they were ? A. I don't know who they were; I know they wasn't no strange men. , Q. These men belong to Port Jervis ? A. Yes. \ Q. That is no reason for saying it wasn't them? A. I couldn't say. William MiBTiN, being duly sworn, testified as follows: By Mr. (Jardner: Q. You live in Port Jervis ? A. Yes, sir. Q. And voted there la^t election ? A. Yes, sir. Q. And know Mr. Boner ? A. Yes, sir. Q. Known him for some years ? A. I don't know just how long; I have known him by sight quite a while. Q. You saw him last election day ? , A. Yes, sir. Q. Did you see him working around the polls in the eighth district ? A. Yes, sir. - Q. Was he actively engaged in the soliciting of votes ? A. Seemed to be very much. Q. Within the 150 feet of the polls ? A. Yes, sir; all the way from the door to within 150 feet. Q. Did he have pasters in his hands ? A. I couldn't exa'ctly say; he was very busy; having men by the arms; backwards and forwards with them. Q. Close to the polls ? A. Yes, sir. By Mr. Hirschberg: Q. You didn't see what he did? A. No; I wasn't there but a Uttle while. Q. You didn't see him buy any votes ? A. No, sir. Q. You are the gentleman referred to as having brought these wit- nesses from Port Jervis ? A. I came with them. Q. Paid their expenses ? A. Yes, sir. Q. Money furnished to you ? A. No, sir. Q. With your own money ? A. Yes, sir; 209 By Mr. Dimmick: Q. Expect to take it out of their subpoena fee ? A. Tes, ^ir. By Mr. Hiesohberg: Q. Did you work any on election day ? A. No, sir. Q. What can you swear you saw him do within 150 feet of the polls ? A. I saw men going to him and men sent to him, and I see him rushing around. Q. Didn't hear a word he said to anybody? A. I heard, Ijut I couldn't say now. WiUiiAM F. Sebley, being duly sworn, testified as follows: By Mr. Gaedneb: Q. Where do you live ? A. Chester. Q. Did you vote in the town of Chester last fall ? A. Yes, sir; I did so. Q. Were you a member of the Chester Colored Club? A. Yes, sir; I believe I was. Q. Was your name enrolled upon the list as a member ? A. Tes, sir. Q. Before election did you meet with the members of the club at any particular place? A. I did; yes, sir; one evening. Q. At what place ? A. George Bartow's, at West Chester ? Q. Was it a colored man ? A. Tes, sir. Q. How many of you were present at that time ? A. I don't know exactly; I should judge ten or fifteen. Q. Was there anything said there that night upon the subject as to how you should vote ? A. They were all going to vote the straight Republican ticket. Q. Was there anything said about money ? A. Tes, there was some talk about it. Q. Who said anything in regard to money ? A. I believe Charlie Peterson. Q. Was he the president' of the club ? A. Tes, sir. Q. What did Charles say that night in your presence ? A. He said there was two dollars a apiece for all that voted that ticket, and voted it straight. Q. Voted what ticket ? A. The Republican ticket. Q. Did he say anything about where he would go and get the money? A. -No, sir. Q. Did he say he would want you to stick together A. No, sir. ? Q. Did he appoint any special time when yoit- were to meet on election day ? A. No, sir. 27 210 Q. Did he say from whom he was going to get the money ? A. Not that I heard. ' Q. About how many members were there of that club ? A. I should judge about thirty altogether; somewheres near that. Q. Did you go and vote there on election day? A. Tes, sir; I did. Q. About what time of day did you vote? A. I believe it was between 10 and 11; somewheres along there. Q. You live how far from the village of Chester ? A. About four miles, and a half. Q. ¥ou went home after you voted? A. Tes, sir, Q. You went there to vote the Eepublican ticket and you did vote the Eepublican ticket ? A. Tes, sir. Q. And was promised how much for voting the ticket ? A. We was to get two dollars. ' Q. Tou went home without seeing Walsh, didn't you ? A. Tes, sir; for I bad business. Q. Tou haven't seen him since that day? A. No, sir; I have not. Q. Tou didn't get your two dollars? A. No, sir; I did not. Q. But it was promised to you ? Mr. HiESCHBEEG. — I object to that. By Chairman Eoesch: Q. Did anybody promise to give you two dollars for your vote ? A. Not in particular my own; they said there was two dollars there for the club. Q. Did you ask for your two dollars ? A. No, sir; 1 did not. Q. Did you vote the Eepublican ticket ? A. Tes, sir. Q. Don't you think if you were promised two dollars for your vote and you went and voted as you had been asked to vote, it would be likely you would go and ask for your two dollars ? A. No, sir; I wouldn't sell my vote for two dollars or five; I work every day, and I earn my money without voting out; they wanted a club, and I went there and attetided one of the meetings. Q. When was that meeting held? A. About a week before election. Q. Did you come together again the night before election? A. No, sir; did not. Q Do you know whether there was any committee appointed to see to the payment of the money? A. No, sir; there was not the night I was there. Q. There was no further talk or arrangement about money at that meeting, than simply the statement by Peterson there would be two dollars in it for every man that would vote the ticket ? A. Tes, sir. 211 Q. That was all ? A. Yes, sir. Q. How many members ? A. I should judge about thirty. Q. Do you know how many voters in that town? A. No, sir; I don't know exactly. ' Q. How long have you lived there? A. For about ten years, I believe. By Mr. Hiesohbeeg: Q. Always voted the Eepublican ticket? A. Yes. Q. Were the other members of the club all Eepublicans ? A. Yes, sir. Q. Every one of them ? A. Yes, sir. By Mr. Gasdnee: Q. Did Henderson say anything about getting the money that the club was to get from one John Walsh? A. No, sir; he didn't mention it in front of me. Q. You say there were about ten or fifteen present? A. Yes, sir; the night I attended the meeting. By- Chairman Roesoh: Q. How far away do you live from Albany ? A. One hundred and four miles. Abeaham Eakles, being duly sworn, testified as follows: By Mr. Gardnee: Q. You live in the town of Chester ? A. Yes, sir. Q. Voted there at the last election ? A. Yes, sir. Q. You a member of the Chester Colored club? A. Yes, sir; I wasn't a member of it; I was there once but didn't go there. Q. At whose house ? A. Charlie Peterson's. Q. Was there anything said there that night when you were there; it was in the evening ? A. Yes,''sir. Q. About how you should vote? A. Not tbat night; he was going around to see the boys; and they were going to have another meeting. Q. Do you know John G. Walsh ? A. Yes. Q. Where did he live ? A. Goshen. Q. You saw him election day? A. I saw him along in the afternoon. Q. Did you get money from him? A. Well; I got some money from him. Q. How much? Ai Two dollars; along about 4 o'clock; 212 Q. Where were you when he paid it to you ? A. Down by Jim Eedner's barn. Q. Who was by when he paid it to you? A. I couldn't say; Ed. Gavn was there. Q.. You voted that day? A. Voted the first thing in the morning. Q. Who handed you the ticket? A. I got my ticket inside. Q. A man by the name of Wood, a Republican inspector, handed you the ticket? A. He handed me a lot of tickets; I didn't know one from some of the others, because I can't read or write. Q. That was Wood? A. Yes. Q. He is a Eepublican inspector ? A. He is a Republican. Q. What did Walsh give you the two dollars for? A. I got my work done, and I Jiooked up my horse to run a wagon down there to carry the folks from the depot; I don't know whether he gave it for that or what he give it for; I had no talk with him. Q. You expected two dollars ? A. No, sir; I didn't expect nothing. Q. It was promised, wasn't it? A. It wasn't promised me then. , Q. I mean to the members of the club ? A. I wasn't there the first meeting; they hadn't seen all the boys; that was the only one I was to. Q. Can you read or write ? A. No, sir. Q. You voted the ticket the Republican inspector. Wood, gave you ? A. No, sir; he gave me tickets, and I don't know which one of them I voted, whether a Republican ticket or a Democratic ticket. By Mr. Hiksohberg: Q. What 'did you do at "the polls that day to earn that two dollars? A. I went down and hitched the wagon and team. Q. You drove a team ? A. I went down and helped hitch them. Q. Help fix up a team and a wagon ? A. Yes. Q. You went and got the wagon ? A. Me and another fellow, and he drove it up. Q. That was for the use of the poll, workers, to bring voters there and back ? A. Yes, anybody that wanted to ride up and down, they get so much a day for running a wagon there, two or three wagons. Q. Nothing had been said to you before that about getting two dollars? A. No, sir. Q. It had nothing to do with your voting ? A. It had nothing to do with my voting. By Chairman Robsoh: Q. You got the two dollars after you voted ? A. I voted about half-past 9 in the morning, and didn't get the two dollars until about i o'clock. 213 Q. Did you do any more driving after you got the two dollars ? A. Yes; I took the fiorses and put them out. i By Mr. Hieschbebg: Q. Made yourself useful during the. day ? A. Yes, sir. Stephen Hunteb, being duly sworn, testified as follows: By Mr. Gaednee: Q. You live in Chester? A. Yes, sir. Q. Voted there last fall? A. Yes, sir. Q. Member of the Chester Colored Club ? A. No, sir. Q. Was your name on the roll? A. No, sir. Q. That day you got some money ? A. Yes, sir. Q. Who from ? A. Mr. Walsh. Q. Walsh from Goshen ? A. Yes, sir. Q. How much did you get? A. A dollar. Q. When did he pay it to you ? A. About an hour afterwards. - Q. About an hour after you voted ? A. Yes, sir. Q. Who handed you the ticket? A. Joseph Durlan. Q. Who told you to go to Joseph Durlan after it ? A. Redner. Q. Redner one of the ones that got lip this club ? A. Not that I know of. ' Q. What did he give you a dollar for ? A. I don't know. Q. Did he ask you how you had voted ? A. No, sir; Eedner did. Q. When did Eedner ask you, before you got the money? A. Yes, sir. Q. What did you tbll him ? A. I told him I had voted the Repub- lican ticket. Q. After you told Redner that, then Walsh came and gave^ you the dollar? A. Yes, sir. Q. Where were you when he gave it to you ? A. Across the street. Q. Who was with him at the time ? A. There wasn't nobody. Q. Were you present at any of the meetings of this colored club ? A. No, sir. Q. Redner was the one that sent you to Durlan ? A. Yes, sir. By Mr. Hirschbeeg: Q. Did you hear anything about a dollar before you voted ? A. No, sir. Q. From anybody ? A. No, sir. Q. Have any expectation of a dollar before you voted A. No, sir; I didn't. 214 Q. Have you always voted the Eepublican ticket? A. Yes, sir. Q. Tou voted your own party ticket, the same as you always had done before ? A. Yes, sir. Q. You can read ? A. No, sir. By Chairman Koesoh: Q. Was there anything said when you got the dollar ? A. No, sir. Q. Got it openly ? A. Yes, sir. Q. Paper dollar or silver dollar ? Q. Paper dollar. Joseph D. MoGinnib, being duly sworn, testified as follows: By Mr. Gabdneb : Q. You live and voted in the town of Chester, last fall? A. Yes, sir. Q. You a member of the colored club of Chester ? A. Yes, sir. Q. How much did you get for your vote ? A. Two dollars. Q. Who paid it to you ? A. Johnny Walsh. Q. From Goshen ? A. Yes, sir. Q. What ticket did you vote ? A. I couldn't swear what ticket it was, because I couldn't read. Q. Who gave it to you to vote ? A. Mr. Seeley handed it to me. Q. A Eepublican ? A. Yes, sir. By Mr. Hibschbeeg: Q. What Seeley ? A. Winslow. Q. You got two dollars for voting? A. Yes, sir. - Q. You sold your vote for that money ? A. Yes, sir. Q. No question about that in your,mind ? A. No, sir. Q. You made an agreement to vote for two dollars? A. Yes, sir; I told him I had voted; I told Mr. Walsh I had voted. Q. Who did you make the agreement with beforehand ? A. That was understood to George Bartow. Q. Then you made it with him ? A. No. Q. Who did you make the bargain with ? A. I didn't make a bargain with anybody, only I told Mr. Walsh I had voted. Q. Then you hadn't made any bargain before you voted at all ? A. No, sir. Q. With anybody? A. No, sir. Q. How long after you voted was it that you told Mr. Walsh you had voted ? A. It was before I voted. Q. How did you come to tell him you had voted ? A. I wanted to see whether I was going to get anything. Q. Did he offer you the money then? A. Yes, sir. 215 Q. He gave you the money? A. Yes, sir. Q. Then you went and voted ? A. Yes. Q. You don't know how you voted ? A. I don't know what ticket it was because I couldn't read. Mr. Gardner called the names of John G. Walsh, William Mines and William Rawson as witnesses, but they did not answer. Peter De Gkoat, being duly sworn, testified as follows: By Mr. Gardner: Q. You live in the town of Chester ? A. Yes, sir. Q. Member of the Chester Colored Club last fall ? A. No, sir. Q. Was your name on the roll ? A. I believe they put it down, but I wasn't present. Q. You voted ? A. Yes, sir. Q. How much money did you get for voting ? A. I didn't get any-, thing for my vote. Q. Any promised to you ? A. No, sir. Q. Did you see John G. Walsh that day ? A. Yes, sir. Q. Have a talk with ? A. No, sir. Q. Did he hand you any money ? A. Yes, sir. Q. How much V A. Two dollars. Q. This Walsh lives at Goshen ? A. Yes, sir. Q. Working there for the Eepublican ticket ? A. I suppose he was. Q. Why did he give you two dollars ? A. He told me to speak to the rest of the boys and talk to them ; that was all the conversation. By Mr. Hirschberg: , Q. Is that what he gave it to you for ? A^ Yes, sir. Q. That was after you had voted ? A. Yes, sir. Q. Had you heard anything about it before ? A. No, sir. Q. Didn't influence your vote in any way then ? A. No, sir. Q. Always voted the Eepublican ticket ? A. Yes, sir. Q. Did that time ? A. Yes, sir. By Mr. Washbdrn: Q. Did you vote a paster ballot ? A. No, sir. By Chairman 'Roesoh: Q. Can you read ? A. Yes, sir. Q. Would you have voted if you hadn't expected to get two dollars ? A. Yes, sir. Q. Would have voted the Republican ticket ? A. Yes, sir. 216 Q. How old are you ? A. I will be twenty-five the next twenty- second of March. By Mr. Washburn: Q. Where were you when Mr. Walsh gave you this two dollars ? A. Over by the meat market. WiNSLOw Seelet, being duly sworn, testified as follows: By Mr. Gardner: Q. You lived and voted in Chester last fall ? A. Yes, sir. Q. A member of the Chester Colored Club? A. Yes, sir. Q. You voted the Eepublican ticket ? A. Yes, sir. Q. How much did you get ? A. Two dollars. Q. Who paid it to you ? A. Johnny G. Walsh. Q. Where were you when he paid it to you ? A. James Kedner's barn. Q. Were you present at any meeting before election of your club ? A. I was one time. Q. At what house ? A. Charles Peterson's. Q. How many were there ? A. I should think in the neighborhood of eight or ten. Q. Did they talk over about sticking together? A. Yes, sir; they did. Q. And vote the Eepublican ticket ? A. Yes, sir. Q. Was anything said about how much they were to get apiece? A. They said they could get two dollars or more in it; get what there was in it; they would go to Goshen and see. Q. Who said he would go to Goshen ? A. Charles Peterson, James Eedner, George Bartow. Q. Who did they say they would call on when they went to Goshen for money ? A. I didn't hear him say; they were going up there to see some parties. By Mr. Hirsohberg: Q. Did you hear how much they got ? A. I did not. Q. Or how much yo.u were to get ? A. I did not. Q. Did you know anything about it when you went to vote ? A. I knew before I went to vote. Q. What did you know ? A. They was to meet about 10 or 11 o'clock up at Eyan's hotel; that is where we were to get our money. Q. Did you go there to get your money ? A. No; we went in Jim Eedner's stable to get the money; across the street. 217 Q. Tou sold your vote for two dollars ? A. I got this two dollars •before I voted. Q. Did you say you had voted? A.. I did tell him I had voted. Q. That is how you got it ? A. That is how I got it. Q. You got it for saying you had voted? A. For saying I had voted. Q. When you really hadn't ? A. I hadn't voted. Q. Then you lied to get the two dollars ? A. Yes, sir. Q. You would lie for two dollars ? A. Yes; but I wouldn't swear to a lie for two dollars; I wouldn't swear to a lie at all. By Chairman Eobsoh: Q. But you would tell a lie for two dollars? 4- ^^s. Q. Would you tell a lie for a dollar ? A. No, sir. By Mr. Washbubn: Q. You are a Republican ? A. Yes, sir. By Chairman Boesch: Q. You were a member of this club ? A. I supposed I was a mem- ber of the club. Q. How many members in the club, do you know ? A. No, sir; I couldn't tell you. Q. How did you come to go to this gentleman and say to him that yoa had voted when you had not? A. I will tell you how it was. Q. Was it understood you were all to go to him aijd tell him you had voted ? A. No, sir; it was understood we were to go up street and meet at such a time and get our money, and we went there By Mr. Hirschbbbg: Q. He wouldn't give it to you unless you said you yoted ? A. I don't know. Q. You thought he wouldn't ? A. I thought he wouldn't. Q. That is why you said so ? A. Yes. John Eewin, being duly sworn, testified as follows: By Mr. Dimmiok: Q. Where do you reside ? A. In Sullivan county, in the town of Mamakating. ' Q. In what election district ? A. Third. Q. On last election day did you vote in that district ? A. Yes, sir. Q. Did you notice the indorsement that was on the ballot that you voted? A. Yes, sir. 28 218 Q. What was the indorsement ? A. First district. Q. First district of the town of Mamakating ? A. Yes, sit. Q. All the ballots that you saw, the sample ballots, were they indorsed the first district 1 A. Tes, sir. By Chairman Kobsch: Q. You say the ballots were indorsed for the first district ? A. Yes, sir. Q. Which ballots, the sample or the official ballots that you voted ? A. The official ballots and sample ballots both. Q. Then the ballots that you received inside of the polling place from the ballot clerks you say were indorsed " First election district ? " A. Yes, sir. Q. While in fact you were voting them in what ? A. District num- ber three. Q. Were all the ballots indorsed that way ? A. All that I saw; yes, sir. Q. Among those that you saw, were there Republican ballots as well as Democratic ballots ? A. Yes, sir. Q. So the Democratic ballots and the Republican ballots also were indorsed Jor the first election district ? A. No, sir; the Democratic ballots were indorsed right, " the third district," but the Republican ballots were indorsed " the first district." By Mr. Dimmiok: Q. Did you call the inspector's attention to the indorsement ? A. When I first went in there at that time I thought that it was a mistake in their tickets; that we had received the wrong tickets; that they ought to be sent to Bloomingsburgh, in the first district; some of them made the remark they thought it was all right, they were straight tickets, Democratic and Republican, so I paid no more atten- tion to it. ' By Chairman Roesoh: Q. You say only the Republican tickets were indorsed in that way ? A. Yes, sir. Q. The Democratic ballots were correctly indorsed as for the third district ? A. Yes, sir. Q. How about the Prohibition ballot; how was that indorsed ? A. Tha,t was indorsed the first district. Q. So the Prohibition ballofwas indorsed in a similar manner to the Republican ballot ? A. Yes; I think it was. 219 Q. How about the Labor ballot ? A. I think it was indorsed the same. Q. Three of the ballots were incorrectly indorsed, as you say, and the Democratic ballot was correctly indorsed ? A. Yes, sir. Q. Was there any general talk in the polling place on the part of the election officers in ^reference to this mistake. A. No, sir; not a general thing. ^ Q. Tou said you called their attention to it ? A. Yes; I called their attention to it right then, but not after that. Q. Were there only a few ballots indorsed in this erroneous manner, or all of them ? A. That I couldn't tell; all that I saw of them was. Q. How many do you think you saw ? A. I saw the ballots that I took in to vote myself; I went in with four other men to make out the tickets for them, and I took particular notice of those. Q. Are you a Democrat or Eepublican ? A. A Democrat. Q. You went in with some of the voters who selected you ? A. Yes, sir. Q. Did they take the oath of physical disability ? A. Yes, sir. Q. Was there anyone else but yourself who noticed this error in the indorsement that you say existed ? A. Yes, sir. Q. Who else ? A. A man here by the name of Farrel. Q. Did he notice it because you called his attention to it, or had he noticed it independently of you ? A. I couldn't say. Q. Were you present at the canvass of the votes at the close of the polls? A. Yes, sir. Q. Was there anything said in reference to this indorsement ? A. ' No, sir; I don't think there was. Q. Was there any notice taken in the count of this erroneous indorsement? A. No, sir; I don't think there was. By Mr. Gabdnee: Q. You wish to be understood as saying that in that district the only ballot which was wrongly indorsed was the Eepublican ballot? A. Yes, sir. Q. Chairman Eoesch asked you in regard to how the Labor ballot was; will you state in what shape you found the indorsement on the Labor ballot ? A. I thought it was the first district. Q. When it should have been the third district ? A. Yes, sir. Q. So that there were none of the tickets except the Democratic that were properly indorsed ? A. No, sir. Q. You have no positive knowledge on the subject as to the I'rohi- bition or Labor ticket? A. No; I wouldn't be positive about that. 220 By Chairman Koesoh: Q. HoTv^ did you get these ballots; you went in as a voter? A. Yes. Q. Tou got one set of the ballots ? A. Tes, sir. Q. You noticed the incorrect indorsement on this one set ? A. I noticed them when they undone the ballots; when they came there and conlmenced counting them in order to give a receipt for the bal- lots they received, the inspectors of election, and I noticed they were indorsed for the first district; that was the first notice I took of them. Q. Didn't you call anybody's attention to it? A. Yes, sir; right then. Q. "What was the answer ? A. They thought it was nothing more than it didn't make any difference what they were; they were all straight Republican and Democratic tickets, and I didn't pay any more attention to it at the time. By Mr. Gabdnee: Q. They said it made no difference? A. Yes, sir. Q. And continued to use the ballots? A. Yes, sir. • Q. Did one Foster vote that day ? A. Yes, sir. Q. Were you there when his ballot was given tcuhim ? A. Yes, sir. Q. Did you see it ? A. No, sir. Q. You helped to prepare some ballots ? A. Yes, sir. Q. How many; four ? A. Yes, sir. By Chairman Koesch: Q. You saw four ballots at that time and the one you received when you voted ? A. Yes, sir. Q. That made five? A. Yes; I saw one or two of them when we first opened them. Q. Do you know where these ballots were printed ? A. I think they were printed in Liberty. LoKBNzo F. Johnson, being duly sworn, testified as follows: By Mr. Gabdnee: Q. You live in the city of Newburgh and voted there last fall ? A. Yes, sir. Q. Member of the W. T. Sherman Club at that time? A. Yes, sir. Q. Were you its secretary? A. Yes, sir. Q. On the day of election did you see B. B. Odell 1 A. Yes, sir. Q. You saw him in Washington street ? A. Yes, sir. Q. Did he say anything to you in connection with some others where , to go to get some money ? A. No, sir. 221 Q. Did he tell you to g'o and get a package ? A. Come up and said be wanted somebody to go down and get a package. Q. Go down where ? A. Down to his office. Q. Who went ? A. William Dalson, Pelham and myself. Q. You went there; what did you find ? A. I found a package. Q. Who took the package ? A. Dalson. Q. What did he do with the package ? A. He came back with the package. Q. Where did he go with it ? A. Went to 260 Wp,shington street. Q. The three of you went to 260 Washington street; did you open it? A. Yes, sir. Q. What did you find in it? A. Six hundred dollars. Q. In what; in dollar bills ? A. Yes, sir. Q. All of it? A. Yes, sir. Q. What time of day was this? A. I don't know; it was late in the afternoon. Q. On the day of election? A. On the day of election. Q. Did you pay out any of that money that day ? A. Yes, sir. Q. In whose house? A. Dalson's, Q. Who was by when you paid it out; any members of the execu- tive committee ? A. Yes, sir. Q. Who were they? A. The president of the club, George H. Alsdorf, Pelham, Dalson and myself. Q. How much did you pay out that day of the money? A. I don't know how much I paid out. Q. About how many did you pay that day ? A. About twenty-five ; more or less. Q. How much did you give them apiece? A. Five dollars and forty-five cents. Q. After you had paid that much then you left the house ? A. Yes, sir. Q. You are unable to state what occurred after you left, of course; were they the members of the club to whom you paid this five dollars and forty-five cents apiece ? A. Ye^, sir. Q. Was it the object of your club to support the Eepublican ticket? A. It was a Eepublican club. Q. B. B. Odell was the Eepublican State committeeman? A. Yes, sir. By Mr. Hibsohberg: Q. These were all Republicans ? A. They were supposed to be. Q. You know them? A. I know them. 222 Q. Were they Republicans so far as you know? A. So far as I know. Q. Always vote that ticket? A. I don't know that. Q. So far as you know ? A. So far as I know. Q. Tou don't know how they vote ? A. No, sir. Q. Don't know how they voted that day ? A. No, sir. Q. Tour payment had nothing to do with their voting ? A. No, sir. Q. Whether they voted or didn't vote ? A. No, sir. Q. They received this because they were members of the club irre- spective of their voting ? A. Irrespective of their voting. Q. It was given to them for that purpose to be used by the club ? A. Yes, sir. Q. Tou always vote the Eepublican ticket ? A. I have always been a Bepublican. Q. Tou were then ? A. Tes, sir. By Chairman Roesch: Q. How many members in that club ? A. How many members now ? Q. How many members then 1 A. At that time 107. Q. Where did the club meet? A. One hundred Water street. Q. In whose rooms? A. Owen building; in the Republican headquarter's rooms. Q. Had the W. T. Sherman Club any rent to pay ?, A. No, sir. Q. Had the W. T. Sherman Club any furniture ? A. No, sir. Q. Did the W. T. Sherman Club have any debts to pay that it owed anybody,? A. Not that I know of. Q. Tou say that the receipt of the money had nothing to do with the members of the club voting the Republican ticket ? A. No, sir. Q. Do you know whether or not the 107 members of the club actually Toted ? A. No, sir. Q. Tou don't know ? A. No, sir. Q. Was there no tally kept?. A. No, sir; not that I know of. Q. Was it understood the members of the club were to report after having voted ? A. No, sir. Q. The club not having any furniture, not having any rent to pay, not owing any money to anybody, not being under obligations to any one financially, you still say the club got $600, and which was divided among the members, at the rate of five dollars and forty-five cents to some, and that had nothing to do with the manner in which they voted? A. I do. Q, Tell us why they got this $600; for what purpose? A. Because we wanted it. 223 Q. That is the best answer you can give? A. That is the best answer I can give. Ghablbs Fisheb, recalled: By Mr. Gabdneb: • Q. Did you see them count votes in the first district of the third ward last election ? A. Yes, sir . Q. Did the watchers participate in the count ? A. No, sir. Q. The poll clerks? A. Yes, sir. By Mr. Hibschbebg: Q. Were you examined as a witness before ? A. Yes, sir. Q. The inspectors count the votes ? A. Yes, sir. By Chairman Roesoh: Q. Was there any dispute or discrepancy between the count of the poll clerks and that of the inspectors ? A. They each counted their own pile. Q. Did they all agree on the final statement ? A. Yes. By Mr. Dimmick: Q. Did they all count every ballot? A. No; each man counted his own pile. By Chairman Roesch: Q. They separated the ballots in how many piles ? A. Five; three inspectors and two poll clerks. By Mr. Hibschbebg: Q. What were you doing in there ? A. I was a watcher. Q. Did you make any objection ? A. I didn't. Q., Did anybody ? A. Not that I know of. Q. You represented the Democratic party ? A. Yes. By Chairman Roesch: Q. Each man counted his pile, they footed up the total? A. Yes. By Mr. Hibschbebg: Q. As far as you could watch, everything was all right ? A. Yes. John Milleb, being duly sworn, testified as follows: By Mr. Gtaednee: Q. You were present at the polls and voted in Woodbury, last fall? A. Yes, sir. , 224 Q. Was there at the opening of the polls ? A. Tea, sir. Q. Did you see a Democratic watcher present his credentials to be allowed as a member of the board ? A. Yes, sir. Q. To be present at the polls ? A. Tes, sir. Q. Did you observe any objection ? A. Yes, sir. Q. At what time was this? A. A very few minutes after they declared the polls open; a little after 7 o'clock. Q. Who was it that objected ? A. The chairman of the inspectors. Q. Was the majority Eepublican in the board? A. Yes, sir. Q. Who was it that presented the credentials ? A. Irving Wash- burne. Q. What was done after they made the objection ? A. They ordered him out and he refused to go out, he said, unless they put him out, bo they called an officer and put him out. By Chairman Eoesch: Q. Put the man out that presented the certificate as a watcher? A. Yes, sir: claiming he wasn't there in time; claiming he ought to be there fifteen minutes before the polls opened. By Mr. Gaedneb': Q. How long was he kept out ? A. I think it was about noon when he came back there. By Mr. Hieschberg: Q. Who was the inspector ? A. Millard F. Earle, Major Barclay and Isaiah Hunter. Q. Where were you at that time ? A. I was ia the room by the railing. Q. Did you read his credentials ? A. No, sir. Q. How do you know he had credentials 1 A. Because I saw him present them; I know they accepted them when he came back; I saw him write them out. Q. Just before he went in ? A. Yes, sir. Q. He wrote out a set of credentials for himself ? A. He had a right to. Q. Who signed them ? A. The president of the club. Q. When he went in first? A. Yes, sir; he was the president of the club and the clerk at the polls was chairman of our organization; we appointed him watcher. Q. He signed his own credentials? A. Certainly. Q. Wasn't that why they objected to him ? A. No; they objected to him on the time; they didn't dispute his credentials; they didn't look 225 at them to see whether they were correct or not; they disputed his time. Q. That he was too late? A. Yes; he went away after they put him out and he didn't come back until very near noon and then they consulted a lawyer, Mr. Rushmore, and then they let him in. Q, Did you see them consulting a lawyer ? A. No; they told me they did. Q. Who told you ? A. Mr. Halleck. ' By. Mr. Washburn: Q. Rushmore a Republican ? ^. Yes, sir. By Mr. Hieschberg: ' Q. The inspectors didn't tell you anything of that kind ? A. No; Mr. Halleck then he notified the inspectors; he thought they had made a mistake he being a Republican. Q. You swear they didn't put him out because his credentials were not regular? A. Yes, sir; they disputed the time. Q. Who disputed the time ? A. The inspectors. Q. Which one 1 A. The chairman of the board, Millard F. Earle; he said he should have been there fifteen minutes before the polls were opeq, and present his credentials. Q. What time was it he was there ? A. A few minutes after the polls were open; a little-after 7 o'clock. Q. That is the reason why they put him out? A. Yes, sir. Q. Then they took advice on it and said he could come back? A. He came back very near noon; I kept a stable there and he asked me to have his horse taken care of and he went upstairs; he was in there when I came back. Samuel J. Hilton, being duly sworn, testified as follows: By Mr. Dimmick: Q. You reside in Newburgh and did last election ? A. Yes, sir. Q. Was chairman of the ward committee of the fourth ward 1 A. Not the last election; I am at the present time. Q. You were a Republican worker in the ward ? A. Somewhat of a worker. Q. And did work at the last election at the first election district ? A. Yes, sir. Q. You confined your work in that district ? A. Yes, sir. Q. During the time while you were working there did you elec- tioneer within the 150 feet ? A. No, sir. Q. At no time whatever ? A. No, sir. 29 226 Q^ How long have you been a worker in that district ? A. I have lived in the district eight years. Q. And been a worker ever since ? A. No. Q. Was there any Eepublican worker besides you at that polls ? A. No appointed work, only helpers I had. Q. How many helpers did you have ? A. I only had one. Q. How many carriages did you have ? A. One. Q. Did you receive the money for that district ? A. Yes, sir. Q. How much did you receive ? A. About fifty dollars. Q. Is that all the money you received ? A. That is as near as I can tell; I never counted what was given me. Q. You disbursed that? A. Yes, sir. Q. To whom ? A. I paid for the general expenses. Q. What were they ? A. I had a bill of eleven dollars for the last day of registration that I paid and I took from this money because it belonged to me I thought, that included the carriage and the man that was on the carriage; on the election day I had a carriage and a man on the carriage, and I probably give that man, I couldn't say, I give him three or four dollars to spend in bringing people to and from the polls treating, and I calculated fifteen dollars that carriage cost that day with the man on it; and I gave the worker I had there five dollars; I gave a man there that acted as a checker, we didn't have a regular checker, but I got the poll clerk to make out the list from the registry book to furnish names for the man on the carriage to go after men that hadn't voted ; and I gave the watcher five dollars and I hired an extra cab to send to Washington lake for two voters that were there; I got it of Major Weston; it was either two or three dollars the major charged me. Q. The only way you imagine it was fifty dollars is by figuring up ? A. I don't know. Q. Where did you receive this money ? A. From the State com- ,mitteman at his office. Q. In Water street ? A. Yes, sir. Q. When did you receive it? A. The hour I couldn't tell you; in the afternoon of the day before election. . Q. Is that all the money you received for this last election ? A. Yes, sir. Q. And all the money you used in that ward ? A. Yes, sir. By Chairman Eoesoh: Q. How many voters in that district ? A. In the neighborhood of 250; I don't just remember what the registry was last year. '227 Q. Do you know of any person in that ward being purchased by a Eepublican ? A. I do not. Q. Have you any knowledge or information sufficient to form a belief anyone was purchased ? A. No, sir. James D. MoGippobd, being duly sworn, testified as follows: By Mr. Dimmick: Q. You reside in the first ward in Newburgh ? A. Yes, sir; second district. QI You were there election day ? A. Yes, sir. Q. You had charge of the interests of the Eepublican party there ? A. I was an inspector. Q. Before election day you looked after the interests of the party in that district ? A. Yes, sir. Q. In other words, the leader of that district ? A. I was chairman of the first ward committee. Q. You had charge of the whole ward, did you not ? A. Not all of it; a portion of it. Q. What portion of the ward did you have charge of ? A. First, second, third and fourth districts. Q. You were the person that employed the men ? A. Yes, sir. Q. How many men did you employ ? . A. In each district we had a carriage and a man on the carriage, a checker and a watcher; with the exception of my own district we dispensed with the checker. Q. How much money from any source whatever did you receive for the districts you had ? A. For the four districts I received a hundred dollars. Q. Is that all the money you received * A. That is ^11. Q. For any purposes on election ? A. That is all; yes, sir. By Mr. Hieschberg: < Q. All used in legitimate expenses ? A. Yes, sir. Q. Without exception ? A. Without exception. Q. Without buying votes ? A. Oh, no; there were no votes bought at all. Daniel J. Coutant, being duly sworn, testified as follows: By Mr. Gaednek: Q. You are clerk of the city of Newburgh ? A. Yes, sir. Q. You have in your hands the poll-list of the seventh district of the first ward, I A. Yes, sir; the poll-list and the registry list. Mri G-AEDNBE.— We offer them in evidence. * 228 Chairman Roesch. — They are admitted. Chairman Eoesoh. — What do you want of them ? Mr. Gabdner. — For the purpose of proving illegal registry and illegal voting. Frank Dickson, recalled: By Mr. Dimmick: ~~ Q. Take the register of electors in the seventh district of the first ward and see how many reside in the alms-house that voted ? A. Twenty- eight. Mr. Gardner called the name of C. L. Lucky, as a witness. He not answering it was agreed he may be called at any subsequent hearing of the committee on behalf of the contestant. Also, William J. Millf ord, was called and did not appear. Lewis F. Goodsell, being duly sworn, testified as follows: By Mr. Gardner: Q. You reside in the town of Highland Falls ? A. Yes, sir. Q And voted there last fall ? A. Yes, sir. Q. And are a Republican ? A. Yes. Q. Were at the time and have been for many years ? A. Yes, sir. Q. Are you a member of the Republican county committee? A. No, sir. Q. Were you at that time ? A. No, sir. Q. Before election last fall did you have a conversation with B. B. Odell of the city of Newburgh ? A. Yes, sir. Q. Upon the subject of expenses to be defrayed in that town for election purposes ? A. Yes, sir. Q. That conversation occurred where; at that place? A. No, sir; in the city of Newburgh; I think it was in his office. Q. How much was given to your town for election purposes ? A. One hundred and fifty dollars, I think it was the amount. Q. To whom was that sum given ? A. To me. Q. You were around the polls all day ? A. Yes, sir. Q. Actively engaged in the soliciting of votes for the Republican ticket? A. Yes. Q. Asking for votes ? A. Yes, sir. Q. Did you expend all the money which was given to you that day ? A. Yes, sir. Q. In the Highland Falls ? A. Yes, sir. Q. Are you able to account for the manner in which jou expended it now ? A. YSb, sir. 22d Q. Did you mate an account of your expenses to Mr. Odell ? A. No, sir. Q. Have you since ? A. No, sir. Q. Have you any memorandum or book with you by •which you can account for the expenditure of that money ? A. No, sir. Q. Tou trust to memory entirely ? A. I do. Q. Please state in what manner you spent that $150 ? A. Sixty dollars for wagons. i Q. State whose wagons you engaged that day ? A. I couldn't do that because I had other men engage the wagons. , Q. Please state two wagons ? A. Swim. Q. Did you engage any other rigs that day than from Mr. Swim ? A. Yes; I had other men engage them; I didn't engage them personally. Q. Were there other men ? A. Tes^ sir. Q. Who were those men? A. Charles Clark, Charles' Cunningham. Q. You can't recall any more at present ? A. No, sir. Q. How many wagons did you personally engage of Mr. Swim ? A. I engaged two stages and two carriages. Q. To be run all day ? A. Such times as we wanted them. Q. Were thej engaged for the whole day or on one particular trip ? A. Engaged as often as we wanted them and he charged accordingly. Q. How muph did you agree to pay him for the use of his wagons that day ? A. I don't think there was any agreement. Q. How much did you in fact pay him ? A. I think it was seven- teen dollars. Q. Did you pay any other bills for the use of wagons ? A. Yes. Q. To whom did you pay ? A. Paid Charles Clark and Charles Cunningham. Q. How much? A. I couldn't say eiactly; but I think in the neighborhood of twenty dollars I paid Clark, and I think it was thir- teen dollars I paid Cunningham. Q. Making the two together thirty-three ? A. About thirty-three dollars. Q. Do you know the fact that they had wagons or horses engaged that day ? A. Yes. Q. Can you state how many ? A. I think there was in the neigh- borhood of sixteen altogether, from the mbuntains, the mines and the fort. Q. How many watchers were there in your town ? A. I think six; three districts. Q. Did you look after any other district than your own ? A. I looked after them all. 230 Q. Did you engage the watchers ? A. Yes, sir. Q. Pay them ? A. Tes, sir. Q. With this money ? A. Tes, sir. Q. How much apiece? A. Five dollars; I don't know whether five or six; I think six dollars apiece. Q. After the payment of the watchers and for the wagons, what other items of expenditure did you incur that day ? A. I paid ten dqllars, I think, for distributing printed matter before the election; I didn't pay that on election day. Q. To whom did you pay that bill ? A. To three separate indi- viduals, a man named Swim, Potter and Crosby. Q. Were each of these gentlemen engaged in the printing business ? A. No; they distributed printed matter I got from the State committee. Q. What other items of expenditure ? A. Then I had a carriage to go to West Point and wagons to go to the mines and the fort. Q. Didn't I understand you to say that the other item of thirty- three dollars covered the entire use for wagons ? A. No, sir; I am speaking about my individual expenses now; I paid three dollars, I think, for a carriage to go to West Point to see Lieutenant Derby about letting off the soldiers to vote, those that were entitled to, and I paid two dollars for a wagon to go to Fort Montgomery and three dollars for a wagon to go to the mines. Q. Does that include all the wagon expenses that day? A. I wouldn't be sure about that. Q. Aside from those three items that you have specified were there any others of expenditure ? A. Tes. Q. What were they 1 A. Expenditures for refreshment. Q. To whom ? A. Different individuals. Q. Eepublican voters? A. No; not particularly; anybody that I would meet. Q. Where would you meet them ? A. In the hotels and saloons. Q. At whose hotel? A. Anyone. Q. Stevens ? A. Stevens is one. Q. Wasn't that within 150 feet of the polls ? A. I should think it would be about 150 feet. Q. Isn't it within 150 fe^t according to your judgment? A. Ithinknoi Q. Aside from the refreshments ? A. I am not speaking on elec- tion day, but the refreshments before election and after election. Q. How many days before election did you commence the refresh- ment business? A. About six weeks, two months and may be the whole year. 231 Q. Sow long was this before you spoke to Mr. Odell? A. My speaking to Mr. Odell was about the expense that might be incurred. Q. I understood you to say when you arranged with him for the $150 it was only two or three days before election? A. Mr. Odell gave me what he saw fit; he didn't give me to cover the expenses of election because he never had. Q. Did you that day use any money or promise any money directly or indirectly to a voter for his vote ? A. No, sir. Q. Did you tell any voter where he might go and get some con- sideration after he voted ? A. No, sir. Q. After this money was paid out that you have spoken of, what did you do with the balance ? A. There was no balance. Q. You haven't accounted here but for only a little over sixty dollars; you say you got $150 ? A. I think I have accounted for more than sixty dollars. By Mr. Hiesohbekg: Q. Tou have accounted specifically for about $110 or $115; did. the $150 which you received pay the legitimate expenses in full that- were incurred that day in the three districts ? A. No, sir. Q. How was the balance made up ? A. I paid it out of my own pocket. Q. Have you any knowledge of how much it was ? A. I don't know; I think in the neighborhod of fifty dollars. Q. That is exclusive of any payment to anybody for the purchase of .votes? A. Yes, sir. Q. You have no knowledge of anything of that kind in any of the districts ? A. No, sir. Feank Dickson, recalled: By Mr. Dimmiok: Q. Have you examined the poll-list and registry ? A. Yes, sir. Q. How many residents of the alms-house do you find voted on the last election ? A. Twenty-six that live there and one that registered from there but didn't live there. Q. How long have you lived in the territory that is covered by tjhe seventh district? A. Prom 1850. Q. You are well acquainted with all the residents of that district ? A. Yes, sir. Q. From the knowledge that you have of the inmates of the alms- house, how many inmates of the alms-house resided in that district before they went to the alms-house? A. I think not over two; I am quite positive of it. 232 Q. On your last examination you testified that one of the inspectors on registry day was appointed, Mr. Bastiap ? A. Yes, sir. Q. By whom was he appointed ? A. By myself and Mr. Tygert; myself, I suppose. Q. You were going away on registration day and you requested him to take your place 1 A. Yes. Q. That is the only appointment he had ? A. He was sworn in the day before by myself and Mr; Tygert, personally. Q. On election day you were inspector ? A. Yes, sir. Q. The returns from your district were returned on two occasions ? A. I have been told so. Q. Were you ever notified of their return for correction ? A. No, sir. Q. The board never was called together for that purpose ? A. No, sir. Q. When was the ballot box in your district locied ? A. Between 10 and 11 o'clock. By Mr. Hibsohberg: Q. Give the names? A. A. J. Brown, H. M. Crawford; Aug. Carse, S. I; Pat. Cahill, S. I; M. Y. Dornan, S. I.; John Demott, S. I.; Eobert Duncan, S. I.; Martin Dooley, S. I.; Jacob Fahlman, S. I.; Jas. Fleming, S. I.; Jer. Grady, S. I.; Jas. Green, S. I.; Jas. Guinan, S. I.; Thos. Harrison, S. I.; Pete Holmes, S. I.; Ge6. W. Johnson, S. I.; Dan McGinness, Frank Moran; Jabez Manley, S. I.; Jno. S. Wygant, S. I.; Harry Wilson, S. I.; Henry Dubois, Elisha Fenn, , Archie Ferguson, Jno. Malloy, F. W. Sholte, S. I.; Jno. Fleming, Eobt. Green, did not vote. Q. You appointed Bastian for how long ? A. For one day. Q. Was there any irregularity about that? A. I think not, as far as I know. Q. Was he sworn in ? A. Yes, sir. Q. Who by ? A. By me. Q. He was a Democrat ? A. Yes, sir. JuDSON D. BoYOE, being duly sworn, testified as follows: By Mr. Gardner: Q. Where do you reside ? A. Phillipsport, in the town of Mama- kating, Sullivan county. Q. You voted there last fall ? A. Yes, sir. Q. District No. 3 ? A. Yes, sir Q. Did you observe the ballots that were handed to you ? A. Not particularly as far as the numbers were concerned. 233 Q. Did you notice the districts ? A. No, sir. Q. Were you a member of the board ? A. No, sir. Q. Did you see any of the sample ballots ? A. I did later. Q. How late? A. A -month or so ago. Q. Where did you find that ballot ? A. Some of my neighbors had some. Q. What did you see on it ? Mr. HiRSOHBBBG. — I object to that. Q. Tou didn't notice them at the time you voted ? A. No, sir; I did not know nothing about it; only hearsay. Bebnard Faeeell, being duly sworn, testified as follows: By Mr. Gaedner: Q. Were you an 'inspector in the town of Mamakating last fall? A. I was an appointed ballot clerk. Q. Were you there when the ballots were received by the board ? A. Yes, sir. Q. (Presenting same.) Is that one of the official sample ballots that came with the package for which the board gave a receipt? A, Yes, sir. \ Mr. Gardnbe. — We offer that in evidence. By Mr. Hikschbero: ^ Q. Do you know this particular one was one of them ? A. Yes; I brought it home. Q. This is one you had in your possession that day? A. Yes, sir. By Chairman Eoesoh: Q. This is one of the official sample ballots that you received as ballot clerk on the morning of election ? A. Yes, sir. [Ballot marked " J. M. E."] For Governor, JACOB SLOAT FASSETT. For Lieutenant-Governor, JOHN W. VEOOMAN. For Secretary of State, EUGENE F. O'CONNOR For Comptroller, A.ETHUE C. WADE. 30 234 For Treasurer, IRA M. HEDGES. For Attorney- General, WILLIAM A. SUTHERLAND. For State Engineer and Surveyor, VERPLANCK COLVIN. For Justice of the Supreme Court, For the Third, Judicial District, JOHN T. Mcdonough. For Senator, For the Thirteenth Senate District, WILLIAM P. RICHARDSON. For Member of Assembly, HENRY KRENRICH. For Sheriff, HARRISON BEECHER. For Superintendent of the Poor, GEORGE M. WEIGHT. For Justice of Sessions, MANASSEH INGRAHAM. , The above is indorsed as follows : OfBcial ballot for first district poll, town of Mamakating, November 3, 1891. RICHARD GILDERSLEVE. County Cleric of Sullivan County. Dasiel E. Mahoney, being duly sworn, testified as follows : By Mr. Gardner: Q. Tou live in the city of Newburgh? A. Yes, sir. Q. Voted last fall? A. Yes, sir. Q. Was around the polls on election day ? A. Yes, sir. Q. In what district ? A. First district of the second ward. Q. Did you observe any electioneering within the poll limits that day ? A. Saw Hiram Odell and Withers working with colored voters and others trying to get them to vote. Q. How near to the polls ? A. Within twenty-five feet, I should think. 235 By Mr. Hiesohbeeg: Q. Within twenty-five feet of the door of the building in which the polls were located ? A. Yes, sir. Q. What did you hear them say ? A. I don't know as I heard them say anything. Q. Tou didn't hear what he said ? A. No. Q. Not in any case? A. No, sir. Max Samuels, being duly sworn, testified as follows: By Mr. Dimmickl Q. Tou were a poll clerk in the first district of the third ward? A. I was a ballot clerk. Q. Did you count any of the ballots ? A. Yes, sir. Q. Did the poll clerks count? A. No, sir; the other ballot clerk counted. « Q. Each of them counted a pile separately 1 A. Yes, sir. By Mr. Hirschbeeg: Q. You were a Democratic ballot clerk ? A. Yes. Q. Was all the counting done correctly ? A. So far as I know, it was. Q. There was nothing about the result that was startling ? A. No, ' sir. Q. So far as you know it was all correct? A. Yes, sir. MosES F. Nelson, being duly sworn, testified as follows : Q. You are the town clerk of the town of Highland Falls? A. Yes, sir." Q. You have the poll-list that you used at the last election ? A. Yes, sir. Q. Produce it. [Witness produces same.] Mr. Gabdnee. — I offer the list in evidence. Heney Daect, being duly sworn, testified as follows: By Mr. Gaednee: ' , Q You live in. the town of Highland Falls, and have for some years ? A. Yes, sir. Q. And acquainted with many of the soldiers living at West Point ? A. Yes, sir. Q. You are not able to state who voted there until you examine the poll-list ? A. No, sir. 236 Hbnet D. Lewis, being duly sworn, testified as follows : By Mr. Gakdnee: Q. Youliyeat Highland Falls and have lived there some years? A. Yes, sir. Q. Acquainted with many of the soldiers living on West Point ceded territory? A.. Tes, sir. Q. When their names are given to you, you are able to state the place of their residence ? A. Yes, sir. James F. Schoonmakee, recalled: By Mr. Gaedneb: Q. You were a member of the Flower Club, weren't you? A. I was. Q. Before election many of your boys went over to the Sherman Club ? A. There did. Q. About how many of them as you have reckoned up ? A. I don't know; in the neighborhood of twenty-five or thirty that never showed up to the club. Q. How long before election did they go over to the Sherman Club ? A. They went going the week before, and the night before they all went; they didn't show up the day of election. By Mr. HiESOHBEEa: Q. They didn't show up the day of election ? A. Not as members of the Flower Club. Q. They didn't appear at the Flower Club; that is all you know about it ? A. Yes. Q. You are not a member of the Sherman Club ? A. No. Q. You never were ? A. No. Q. You don't know who joined the club ? A. What the book calls I know. Q. You don't know what is on the book? A. I do; I saw the book. Q. Give the names of those that you know are on the book? A. Herman, Thompson, Miller and several others. Q. Those are all you can name ? A. Yes; I never took any interest in it, and didn't commit it to memory. Q All you know about the rest is from rumor ? A. I know they didn't do as they agreed to; they didn't stand by the Flower Club and vote the Flower ticket as they said they would. Q. That is all you know about it ? A. That is all. 237 Charles F. Simons, being duly sworn, testified as follows: By Mr. Gtaednek: Q. Were you a member of the Sherman Club ? A. Yes, sir. Q. Did you get anything for your Tsote? A. I got the same as the rest, I got five dollars and forty-five cents. By Mr. Hiesohbeeg: Q. Did you say you got it for your vote ? A. I didn't say for the vote or not, but that is what was donated to me, five dollars and forty-five cents. Q. You don't mean to say you voted because you got that money ? A. No, sir. Q. Or that affected your vote ? A. No, sir. Q. Or influenced it in the least degree ? A. No. Q. You always voted the Eepublican ticket? A. Yes. Q. And did that time ? A. Yes . Q. And would do it if you didn't get a cent ? A. Yes, sir. By Chairman Eoesoh: Q. Have you any ideti why you got the five dollars and forty-five cents? A. No, sir; I did not. Q. Came in handy that time ? A. Yes, sir. ' Q. Did it come around every election day. five doUaijs and forty- five cents 1 A. No, sir. Q. Sometimes got less? A. Sometimes; yes, sir. Q. Ever get more ? A. Never got no more. Q. Flood tide that day ? A. Yes, sir. By Mr. Hiesohbeeg: * Q. You have voted without getting anything? A. Yes, sir; I have. By Chairman Eoesoh: Q. Are you a member of the Sherman Club now ? A. Yes, sir. Q. Haven't been expelled ? A. No, sir. Heney Hdnans, being duly sworn, testified as follows: By Mr. Gaednee: Q. Were you a member of the Sherman Club last fall ? A. Yes, sir. Q. Did you vote the Eepublican ticket ? A. Yes, sir. Q. How much did you get ? A. Five dollars and forty-five cents. , 238 By Mr. Hiesohbkbg: Q. Have you been helping this contest any, around looking for witnesses ? A. Not principally I haven't. Q. Tou have been doing it ? A. I told two or three names. Q. Been out of town? A. Yes; I was out of town, but I was on my own business; I went out to Goshen. Q. Didn't go on this business ? A. No. Q. While you were there you attended to this business, see what witnesses you could get for Lamont ? A. No. Q. Who did you go with ? A. I went alone. Q. Were you hired to go ? A. No, sir. Q. Haven't you been paid for what you have been doing? A. I haven't done anything. Q. Haven't been looking for witnesses ? A. No, sir. Q. Haven't got any yet? A. No, sir. Q. Didn't find any in Goshen? A. I see two fellows, but they ain't here; and I didn't tell them to come here, either. Q. Who did you tell; tell somebody to subpcsna them ? A. No,sir.> Q. You are a Eepublican ? A. Yes, sir. Q. Always have been? A. Yes, sir; always have been. Q. Did you sell your vote for five dollars and forty-five cents ? A. No; I didn't sell my vote. : Q. Didn't afEect your vote at all? A. No; I got a donation out of the club the same as the rest. Q. Had nothing to do with your voting ? A. No, sir. By Chairman Eoesch: Q. Have you any idea how you came to get just five dollars and forty-five cents ? A. Yes, sir, I have; because it was donated to the club and supposed to be divided up equally among the club. * Q. How many members ? A. I calculated there was about 140 members, I thought; I didn't know; I didn't have the roil. Q. Did any of you think the fewer members of the Sherman Club that would vote, the more each one's share would be that would vote ? A. Not to my knowledge. Q. Did you know the night before election how much each one of you would get? A. No, sir; I didn't know in fact until since election, and that was only by hearing the statement what was given; I didn't know how much was appropriated for the club. Q. You didn't know how much the' club appropriated outside of this six hundred dollars; do you know of any other money the club got? A. No, "sir; I do not. 239 Q. You got that after you had voted ? A. Yes, sir. Q. On election day? A. Yes, sir. Q. In whose house ? A. Alsdorf. Q. Some other of your friends were there when you got this ? A. Yes, sir; a few of them. Q. All of you got five dollars and forty-five cents'? A. That I ' couldn't say. Q. You got five dollars and forty-five cents ? A. Yes, sir. Q. How long have you been a member of the Sherman Club ? A. -About a year. Q. How did you get into the Sherman Club; were you proposed for membership ? A. I applied for membership and was admitted. Q. How long ago is it you applied for membership ? A. I can't tell you exactly the day or date. Q. Were you initiated into the club ? A. There was no initiation about it that I know of; sign your name. Q. Did you sign your name ? A. Yes. Q. Every one of you sign your names ? A. Those that could write. By Mr. Hirsohbeeg: Q. Wasn't your name referred to the committees on character ? A. No, sir. By Mr. Gabdker : Q. Nobody was admitted in the club without they had good char- acter ? A. We didn't wish to have them in the club. I By Chairman Eoesoh: Q. Npbody was admitted in the club that wasn't a voter ? A. No, sir. «Q. Nobody was admitted in the club. that didn't pledge himself to vote the Republican ticket ? A. I don't think there was. Q. No danger of any Democrat getting in there ? A. Not if we knew he was one. Q. You fired some men out of the club window the night before election? A. Not out of the window; there was none fired out to my knowledge. Q. They were politely conducted out? A. They were politely asked to vacate, and I suppose they thought it was best for them to do it. Q. Was there any sign or mark or anything agreed upon between you all so you should know that you voted the Eepublican ticket ? A. No, sir. 240 Q. When you came there to get your money how did the man that paid you the money know you were entitled to five dollars and forty- five cents ? A. I suppose he took my word the same as all the rest, that I had voted. Q. You did nothing to make known to him you have voted and had voted his way ? A. No, sir. Q. You didn't give him any little badge or token? A. No, sir. Q. Any sign or script ? A. No, sir. Charles H. Westeeveldt, being duly sworn,. testified as follows : By Mr. Gardner: Q. You live in the town of Chester ? A. Yes, sir. Q. On the day of election was John G. Walsh in the place ? A. I BO understood. Q. He lives at Goshen ? A. Yes, sir. By Mr. Hirschbbeg: Q. Do you know him ? A. Yes. Q. Did you see him there that day ? A. No, sir. Mr. HiBsaHBERG. — I move to strike that out. By Mr. Gardner : Q. Is he a Eepublican worker ? A. Yes, sir. Chairman Eoesoh. — Strike that out that he was there. Timothy Masey, being duly sworn, testified as follows: By Mr. Gardner : Q. Were you a Democratic inspector in the third election district of the town of Highland Falls last fall ? A. Yes, sir. Q. Some of the soldiers at West Point voted there ? A. Yes, sir. Q. Were there any challenges made to their vote ? A. Yes, sir. Q. On an examination of the list you are able to state the number of challenges that were made ? A. Yes, sir. Q. And by whom they were made ? A. By Mr. Henry Darcy. Q. Upon the ground they were non-residents ? A. Yes, sir. Q. You had an order to show cause against you before Judge Beatty ? A. Yes, sir. Q. At which you were present ? A. Yes. Q. Why the names of some of those soldiers of West Point should not be stricken off the list ? A. Yes, sir. Q. There was a soldier by the name of whom that was ordered to be stricken off ? A. I forget now. 241 Q. Th^re was one whom the judge ordered stricken o£E? A. Tes; I think it was Grover. By Mr. Hihsohbekg: Q. Was his name stricken off 1 A. Tes. Q. And he didn't vote ? A. He didn't vote. Q. The other names he didn't order stricken off ? A. No. By Mr. Gaednee: Q. The inspectors were present before Judge Beatty ? A. Tes^ sir. Q. They struck off no names excepting this one after the order was signed by the judge ? A. Yes. Q. They didn't strike off any others? A Not that I can remember. Q. How many challenges were made ? A. I couldn't tell just now. Q. Can't you tell approximately ? A. I haven't the slightest idea. Chablbs a. Noebuet, being duly sworn, testified as follows: By Mr. Gaednee: ■ Q. Tou live in Sullivan county and a member of the Democratic county committee? A. Tes. Q. Were you an inspector in the first election district df the town of Mamakating ? A. No, sir; ballot clerk. Q. Did you observe the ballots which were delivered to you and for which the board gave a receipt ? A. Tes, sir. Q. Did you observe anything irregular at all in the first district ? A. No, sir. By Mr. Dimmick: Q. Tou counted the ballots ? A. Tes, sir. Q. Did the other ballot clerk count too? A. The other ballot clerk counted with me. Q. And the inspectors ? A. They did not count them. By Mr. Gaednee: Q. Tou had your full number of ballots delivered at your polls in the first district ? A. Tes. sir. Q. There wasn't any deficiency ? A. No, sir. By Mr. Hiesohberq: Q. Did you say the inspectors didn't count at all ? A. No, sir. Q. Didn't count any ballots ? A. No, sir. , Q. Did they see what you counted ? A. I presume they did. Q.' Did you and the other count together? A. Tes, sir; we each counted a pile to see whether the numbers were in rotation; 31 Q. And you couiited each other's piles ? A. Yes, sir. Q. You know the returns as announced were correct ? A. Yes, sir. Q. Is that your usual way there ? A. Yes. Q. That is the way you have always done ? A. We hare only had the official ballot once. Q. The result was the same as in former elections in that district? A. Yes, sir. Q. Didn't differ from what it had been heretofore? A. Not materially. William F. Milfokd, being duly sworn, testified as follows : By Mr. Washbubn: Q. You acted as clerk for Mr. Lamont during the last campaign ? A. I did. » Q Do you recall a letter received by him from one of the officers of the Independent German Club of Middletown ? A, I do. Q. How many letters do you recall he received from that club ? A. I remember one letter. Q. Will you state the substance of the letter. Mr. HiESCHBBEG. — I object to that. Chairman Koesch. — Objection sustained. Q. What became of the letter ? A. The letter was misplaced, not been able to find it. Q. Have you tried to find it ? A. I have. Q. Have you searched for it? A. I have. Q. Where did you search for it? A. Searched at Turner's and searched at Goshen, that along with some other letters. Q. At what place in Goshen ? A. At the club-room of the Demo- cratic county committee. Q. State the substance of the letter ? Mr. HiBSCHBEEO. — I object to it; whose handwriting was it in? By Chairman Eoesoh: Q. Do you know from whom the letter came? A. I know who signed the letter. Q. Whose name was to the bottom of the letter? A. Charles Keaner; I havaseen his handwriting. By Mr. Hirsohbekg: Q. You don't know it was his signature ? A. No, sir. Mr. HiRsoHBEEG. — I object to it. Chairman Roesoh. — Keaner is in the senate chamber. Mr. Washburn.— We wish to show this letter was not answered; no attention was paid to it by Mr. Lamont* 243 Chairman Eoesoh. — Suppose you prove that a letter was sent to Mr. Lamont in which he was bffered 100 votes for $500 and he paid no attention to that letter ? Mr. G-ARDNEE. — Follow it up by proof that the same club voted the Republican ticket, voted it as a unit and it is a strong fact that they must have been influ'enced by pecuniary motives. By Mr. Washbuen: Q. This letter purporting to be from Mr. Keaner, was that letter ever answered by Mr. Lamont ? A. No, sir. By Mr. Gardner: Q. What was the substance of that letter? Mr. HiBSOHBEEa.-^I object to it. Chairman Roesoh. — Objection sustained. Chairman Eoesoh. — We will adjourn the Newburgh hearing until next Friday afternoon at half-past 2 o'clock in the senate chamber with the understanding that the committee will give you a session from that time until 6, and in the evening from half-past 7 until such time as you choose to sit and have testimony for the committee to hear and on Saturday morning. Are you going to close for the contestant. Mr. Washburn. — We will close at the afternoon session Friday. The committee then adjourned. Friday, February 19, 1892 — 3 p. m. The committee met pursuant to adjournment. Present — Chairman Koesch and Senator Endres. Mr. Gardner. — Under the announcement the chair made at the last session, the witnesses who had been properly subpoenaed did not appear then. As they did not, we might have the privilege of offer- ing their evidence, if we deem it best, before the final close of the investigation. As I understand, those witnesses, all of whom were subpcsnaed on the other side, are not present here to-day; at least I will call their names in regular order, and with that reservation we are prepared to close our case to-day. Mr. Gardiier called the names of Mr. Lucky from Middletbwn; Charles St. John from Port Jervis; John G. Walsh, Goshen; William Myers, Middletown; William Mines, Goshen; Charles H. Ryan, New- burgh; Charles P. Eeaner, Middletowni Neither of the above wit" nesses responded: 244 Chairman Koesch. — The witnesses who were subpoenaed for the last hearing are not obliged to come to this hearing, unless ihey were subpoenaed over again, or were directed by the chair to come to the hearing. The fact that a witness is subpoenaed to appear at a par- ticular hearing, and he does appear, is not placed upon the stand, and the committee adjourns to another day, that situation alone does not compel jthe witness to come on that second day. ■ No one asked the committee to specifically instruct the witnesses to appear again; so that you can not do anything if you did not subpoena these witnesses for to-day. Mr. Gardner. — The counsel for the contestant understood the com- mittee io suggest that those witnesses who were duly subpoenaed and who did not appear at 'the last session, that we might have the privir lege of swearing those witnesses at any time before the close of the contest; so in order to put ourselves in a proper position to do that, we wish it to be known that they are not here, as the reason why we do not swear them to-day.- Chairman Roesoh. — If I made the announcement at the last hearing that you would have the privilege of calling the witnesses at any sub- sequent hearing, you may do so, even if it is necessary momentarily to break in on the other side, should the other side have the case at the time; but that does not involve the further proposition upon which you appear to be acting now, that those witnesses were obliged to come to-day, though not subpoenaed for to-day. If that were so non constat but they would have to appear at some hearing next week. Call what witnesses you have. Mr. Gardner. — The committee holds we will have to subpoena these witnesses to get them here at a subsequent hearing, if we desire to swear them ? Chairman RoEpcH. — Unquestionably. Mr. Gardner. — We misunderstood the committee. As a matter of law, if a witness is subpoenaed in a court of justice he must be on hand on any day during the term, if he is paid. We wish it to appear we could not find these men. Chairman Roesch. — If a witness is subpoenaed for the opening day and the case is not reached for trial on that day, and the court announces the witnesses subpoenaed in the case of Jones v. Smith will, without further direction, appear to-morrow morning 11 o'clock, those witnesses are obliged to appear; where there is no such announcement made the witnesses are not obliged to appear. Mr. Gardner. — We understood the committee to so state. 245 John G. Eaele, being duly sworn, testified as follows; By Mr. Washburn : Q. You are a voter in the town of Woodbury, Orange coutity? A, Yes, sir. Q. Did you vote there at the last election ? A. Yes, sir. Q. Were you present most of the day at the polls ? A. From about 9 o'clock in the morning. Q. From that time on up to the close of the polls you were present 1 A. Yes, sir. Q. Did you see any electioneering, soliciting of votes, inside the limit of 150 feet, at that polling place ? A. I saw a man come up the stairs and ask a man if he wanted to see him; h§ said he did; and they both went off downstairs together; in the meantime, while they were away, I was appointed one of the watchers, and went inside the poll, and this man that came up and asked him, he came in to vote. By Chairman Boesoh: Q. What was the name of the voter that came up to vote ? A. Lent. Q. What was the name of the man who asked him if he wanted to see him ? A. Halleck. Q. You were appointed a watcher and you went up stairs, what occurred after that? A. I was upstairs ait the time, outside of the rail; Mr. Lent came in and wanted to' vote, and he said he couldn't see; wanted to take a man in with him, and he picked out Mr. Halleck to go in the booth with him, and they went in together. Q. Before Mr. Halleck and Mr. Lent went into the booth together, I understand you to say both of them had been outside ? A. Yes, sir. Q. Mr. Lent came in to vote^and then Mr. Halleck went up to Mr. Lent and asked him if he wanted to see him ? A. Before he came in to see him. By Mr. Washburn: Q. Where was that; inside the polling place ? A. Inside the room. Q. Outside of the rail? A. Yes, sir. Q. Did he take the oath of disability that he couldn't see ? A. Yes. Q. Do you know whether he can see or not with glasses ? A. I saw him read some print; I think it was the next day; about the size of the print on the tickets. Q. Without glasses ? A. Yes, sir. Q. He didn't have Mr. Halleck with him at that time to read? A. No, sir. 246 Q. Did you see any other cases of electioneering inside of the limit of 150 feet? A. In the afternoon I saw a man go into the polls; his name was Lewis Beale; I was coming up the stairs at the time; I saw these two men reach over and tap him; Mr. Halleck and Mr. Suther- land reach over and tap him on the sleeve. Q. Eeach over what? A. Over the rail, and the man turned around, and they says, " Tell them you can't see," and he went up to the inspector, and I walked inside the rail, and the man stood around some time, and the inspector told him he would have to make afiSdavit, and the man outside named Thompson says, ""You give that man a ticket; he will know what to do with it;" I don't think he told them he wanted to make affidavit; I don't think he did. Q. Did he make the affidavit ? A. No. Q. Did he vote? A. Yes; Mr. Thompson spoke up and says, "You give that man a ticket and he will know what to do with it.'' Q. Who is Thompson ? A. An outsider. Q. Democrat or Republican ? A. Democrat. Q. These two men, Sutherland and Halleck, what are their politics ? A. Republicans. Q. Are they active workers there ? A. Yes, sir. By Mr. Hirschbekg: Q. What rooms were the polls held in ? A. Over Mr. Templeton's store. Q. A large room ? A. Perhaps eighteen feet square. Q. How many men were up there outside of the rail at the time Mr. Lent came up? A. I couldn't say for certain; I suppose five or six. Q. You among them ? A. Yes, sir. Q. Men of both parties ? A. Yes, sir. Q. Mr. Lent came up to the head of the stairs ? A. Yes; Mr. Lent asked Mr. Halleck if he wished to see him. Q. Then they went away ? A. Yes, sir. Q. You don't know where they went ? A. No. Q. After that did Mr. Lent come back alone ? A. I couldn't say whether they came up the stairs alone; he came inside the guard-rail. Q. Where was Mr. Halleck when Lent came inside the guard rail f A. He must have been on the outside. Q. You clidn't see him there ? A. I couldn't say I did. Q. You don't know where he was? A. No; I don't know as I do. Q. Mr. Lent said he couldn't see? A. Yes, sir. Q. And swore to it ? A. Yes, sir. 247 Q. And asked Mr. Halleck to go in the booth with him ? A. Yes, su*. Q. How many booths were there there 1 A. Seven, I think. Q. Where were they located? A. Located on the north side of the building. Q. Where are the windows ? A. There are two windows on the north side and two on the east side. Q. Which booth did he go into? A. I ain't sure but it was three; the booths weren't numbered. Q. Tou know which one he went into ? A. I don't remember. Q. Do you know whether you have ever been in that booth that he went into? A. I couldn't say whether I was or not. Q. Th^t is what you call electioneering within 150 feet? A. I didn't call it any electioneering. Q. Do you call it electioneering ? A. No. Q. You don't know as it would be fair to call that electioneering ? A. I don't know as they mentioned anything in regard to voting. Q. It didn't strike you so at the time 1 A. It struck me going down stairs. ,, Q. I am talking about electioneering within 150 feet of the polls; you don't know where they went to do their electioneering? A. No. Q. Or how far away it was ? A. No, sir. ' Q. Tou saw no electioneering in the poll-room ? A. No. Q. Did you hear Mr. Halleck ask him to vote any particular ticket; he did nothing of that sort, which is usually considered electioneer- ing? A, No, sir. Q. The other instance that I understand was entirely aborted, noth- ing was accomplished by it at all; he went in the boothi alone and voted as he saw fit? A. Yes, sir. Q. Just as Mr. Thompson suggested ? A. Yes, sir. Q. Somebody suggested to him to say he couldn't see; who was it? A. Mr. Sutherland. Q. What Sutherland? ,A. Amos Sutherland. Q. The old gentleman? A. No; his son; either Mr. Halleck or Mr. Sutherland; I couldn't say which. Q. He didn't tell them so; wouldn't take the oath? 'A. He didn't. Q. Was that all that was done on that occasion ? A. Yes, sir. By Mr. Washbubn: Q. Where was this man Beale at the time they asked him to suggest he couldn't see ? A. Inside the guard-rail. Q. These two men reached over the guard-rail to speak to him ? A. Yes. 248 Q. Was it Amos Sutherland or Alexander Sutherland ? A. Alex- ander Sutherland. By Mr. Hibsohbebq: Q. Do you say both men reached over, did they both say this ? A. That I couldn't say; they both reached over, kind of stuck over this way; I couldn't say whether both said it or not. By Chairman Eoesoh: Q. I understand you, Lent and Halleck went out together? A. Yes, sir. Q. Went out of the building ? A. Went down stairs, I suppose they went all the way out. Q. Tou don't know where they went ? A. No. Q. You remained in the room in which the voting was going on while they had gone out 7 A. Yes. Q. How long before they came back ? A. I don't think it was more than ten or fifteen minutest. Q. How far could they have gone in that time, out of the building and down the street ? A. Yes, sir. Q. But in point of fact you do not know where the went after they left the polling room ? A. No, sir. Q. Were you there when they came back ? A. Yes, sir. Q. Was this done by Mr. Halleck in the case of any other' voter but Lent ? A. That I couldn't say; I didn't see. Q. Lent and Halleck came back together, did they ? A. I Wouldn't say whether they came back together; they couldn't have been more than a minute or so apart; I was inside the rail while they were gone. Q. Did Halleck, in your presence, hand Lent any paster or ballot ? A. No, sir. Q. Where do you live ? A. Highland Mills. Q. Do you know the gentleman that brought you these two papers ? A. No, sir. Q. Do you see him anywhere in the room ? A. No. Q. Would you know him if you saw him again? A. I rather think I would. EoBEET Hanna, Jr., being duly sworn, testified as follows : By Mr. Dimmick: Q. You reside in the first district of the first ward of the city of Newburgh ? A. Yes, sir. Q. Voted there on election day ? A. I did. 249 Q. On election day were you most of the time in the second district of the first ward ? A. All the time. Q. Who was the principal worker in that district ? A. James Todd. Q. He was the man that seemed to have control and management of the district for the Republicans ? A. Yes, sir. Q. Did you assist Mr. Todd? A. I did. Q. How ? A. I stood there and he asked me if I could do him a good turn to do it. Q. Soliciting votes for the Eepublican ticket? A. Giving them pasters. Q. And asking men to vote the Eepublican ticket ? Mr. HiBSOHBBEG. — I ojbjcct to that leading examination. By Chairman Eoeboh: Q. What did you do ? A. I stood about 150 feet or 200 feet away from the polls. Q. Sure it wasn't within -150 ? A. Not to judge of the houses. Q. Did you measure it before you went to work ? A. No, sir. ' Q. Go on ? A. I was about 150 feet anyway away from the^ polls! there is a white paint line drawed on the sidewalk on each side of the polling place, and I stood there, and quite a few came up to me and asked me what I was doing there; I said I was just standing here as a volunteer worker; told them if they wanted a paster in my line I would give it to them; some of them approached me and asked me if there was anything into it; I says," I aint got nothing to give you; don't know nothing." By Mr. Dimmick: Q. When anyone would ask you if there was anything in it, would you send them to anyone ? A. I would tell them I had nothing myself, but Mr. Todd might have, something like that. Q You sent them to Todd I A. I told them Mr. Todd had some- thing, and they would walk away from me, and sometimes they would go to Mr. Todd and sometimes they wouldn't; several came up that way and asked me that way; I told them the same old story, that I had nothing; a good many took the pasters off me and went in and voted, and never asked no questions. By Chairman Eoesch: Q. Was that an old story to you; this same story ? A. Three or four, Q. Had been telling this same story at previous elections ? A. No; never worked before at elections. 32 250 By Mr. Dimmiok : Q. How many did you sent to Todd that asked you if there was anything in it ? A. From four to six anyway. Q. Did you see them go to Todd and have a conversation with Todd and receive from him a paster ? A. I didn't see them receive no paster but I saw them go to Todd. Q. Did you see them leave Todd and go in the polling place ? A. Sometimes they would walk up toward me and turn around and go back in again. Q. Did you see any of them go in the psUing place and vote ? A. Yes. Q. After your sending them to Todd and their having a conversa- tion with Todd did you see them leave Todd and then go in the poll- ing place ? A. I did. Q. After they came out of the polling place where would they go ? A. They would walk up the road. . Q. With Todd? A. Sometimes with Todd; sometimes Todd was up the road, sometime he wasn't there. Q. they would go in the direction of where Todd was ? A. They couldn't go in the direction when he was inside. Q. When he was outside ? A. Yes. Q. Todd and they would go around the corner? A. Sometimes. Q. You -say there were four to six of those you sent to Todd ? A. Yes. Q. How many of those four or six people did you see go to Todd, after having a conversation with Todd, go in the polling place and then come out from the polling place and go around in Johnson street with Todd ? A. Pretty near all of them, I guess, that I sent to him. Q. Know a man by the name of John McCormack ? A. I do. Q. Did you send John McCormack to Todd ? A. I did not. By Mr. Hieschbeeg : Q. This is the first time you ever attended the polling place of an election ? A. The first time I ever had anything to do do vrith them. Q. All you had to do with it was what you stated ? A. That is alL Q. Mr. Todd asked you if you wouldn't take some pasters? A. I had pasters in my pocket. Q. He asked you if you wouldn't stand outside of the 150 feet and solicit men to vote the Republican ticket ? A. He said if I knowed any friends that would vote that ticket to get them. Q. Did he ask you to use any inaproper means ? A. He did not. 251 Q. Furnish you with any funds ? A. No, sir. Q. A.ny intimation of that kind ? A. No, sir. Q. Did you see him giye anybody anything ? A. I did not. Q. Either paster or money? A. I couldn't say; I didn't see him give them no money. Q. That you are positive about ? A. Yes, sir. Q. Did you see him give anybody a paster even ? A. I couldn't recollect that. Q. Do you recollect that you did see it ? A. No, sir. Q. "Vyhere was Todd standing, on the sidewalk ? A. Tes; sometimes on the sidewalk, sometimes out to the curbstone. Q. It was on the public street ? A. Eight on Broadway. Q. One of the most thoroughly thronged streets in the city? A, Tes, sir. Q. Probably the busiest street ? A. I don't know about that. Q. Just as many people up and down Broadway as any other? A. Tes, sir. Q. Did he do what he did there upon the sidewalk? A. He did. Q. Plainly and openly ? A, Tes, sir. Q. Were there Democratic workers there where Todd was? A. There was two stood down around the polls. Q. Near him ? A. Sometimes he was talking to them. , Q. Who were they? A. One man's name is Mike Durkin. Q. Who was the oth^r ? A. His last name is Hearn, a hoilermaker. Q. These men were in a position to see what Todd did? A. Sometimes. Q. When you sent men to them they could see it ? A. Tes, sir. Q. They were ther« all day ? A. I couldn't say they were there all day. Q. Hearn and Durkin, were they there all day, one or both of them ? A. Tes; all the time that I was there. Q. Were they working for the Democratic party ? A. They didn't seem to be. Q. Who had charge of the Democratic party there ? A. That I couldn't say. By Mr. Dimmiok: Q. Johnson is not a populous street, isn't a public thoroughfare, there are not many people going through there ? A. Not so many; not as many as there is on Broadway. ■ , 252 By Mr. Hiesohbekg:, Q. Isn't Johnson street one of the principal streets of the city ? A. It is for tenement-houses. Q. For residences ? A. Yes, sir; but not right thereby the armory; there ain't many houses there. Q. It isn't as public a street as Broadway ? A. That is what I said. Q. That is what you mean ? A. That is what I mean. By Chairman Roesch: Q. Tou say this is the first election day which you acted as a worker? A. Yes, sir. Q. You never did at other elections what you did at the last election? A. No, sir. Q. You are a Republican ? A. I am. Q. Todd a Republican ? A. He says so. Q. How long have you known Todd ? A. About nine years. Q. You met Todd before election ? A. Yes; at a job I was working. Q. What do you work at ? A. Mason. Q. What do you earn ? A. Three dollars and twenty- five cents a day. Q. You say that you volunteered election day ? A. Not election day; I did not. Q. You got paid ? A. No, sir; I volunteered the night before elec- tion as a member of the Blaine club; they asked for volunteers; them that had idle time to go and help, and I done so. Q. Your wages were three dollars and twenty-five cents a day; you worked election day around the polls ? A. I did. Qi You didn't get paid for that 1 A. No, sir. Q. You didn't get paid for your lost time ? A. I had to lose my time any way. Q. Did you meet Todd the night before election ? A. No, sir. Q. The day before election? A. No, sir. Q. Did you meet Todd before election at all and agree with him where you should be on election day ? A. No, sir. Q. He didn't know at all you were going to be around the polls on election day ? A. He did not until I met him in the morning after I voted. Q. Didn't you let some one know, in charge of the Republican organization, that you would work around the polls ? A. That day I did. Q. Who did you let know ? A. Mr. McGifEord. Q. Did he pay you? A. No; he did not Q. You say you sent four or six men to Todd ? A. I did. 253 Q. Could you recall their names ? A. No; because they were- most all strangers to me. Q. They are strangers to you and came to you and asked you fdr , pasters ? A. I don't know their name but their face I know. Q. They came to you and asked you for pasters ? A. No. Q. You offered them pasters ? A. They came up to me and we"stood and talked a while at the armory and they asked me what I was doing, and I told them I was there with pasters, and anyone wanted one of my pasters I would give it to them. Q. Is that all you were there for, to give pasters if you were asked for them? A. That is all. Q. Wasn't it your duty to endeavor to get people to vote your pasters ? A. It was them that I knowed. Q. Tou can't recall the names of the four or six? A. No. Q. Tou didn't see Todd give them any money? A. No. Q. Did you see him give. them anything else? A. No. Q. Any writing or any token of any kind ? A. No, sir. Q. Did you see Todd after thei election ? A. I seen him that night. Q. Tou weren't paid anything by him then? A. No, sir. Q. Did you ask him wheth^ those four or six people whom you had sent to him had actually come to him and received their pasters from him ? A. I did not. Q. You had no comparison with him of the names of the voters ? A. No, sir. Q. You went there election morning how early ?, A. I couldn't say; it was in the morning; I got up about half-past 7, I think it was; knowed there wouldn't be no work for me. Q. You went around to the neighborhood of the polls ? A. I went down to the first district in the first ward where I voted. Q. There is where you remained the rest of the day ? A. No, sir. Q. Where did you spend the rest of the day? A. I spent it at the regular district, as they call it. Q. How is it you spent most of the day at that district instead of in the district in which you voted ? A. I went there to see the chair- man of that district; tell him I was a volunteer worker. Q. You voted in the first district and you were a volunteer worker in the other ? A. Yes, sir. Q. You spent most of the day in the district in which you volun- teered as a worker ? A. In the rag district. Q. You remained in the rag district most of the day; you sent four or six people to Todd; you met Todd election night, but you didn't get any pay for your services ? A. I did not. 254 Q. You made no comparison with him in regard to the number of people that had voted ? A. No, sir. Q. Or in regard to the number of men you had sent for him? A. No, sir; never mentioned it. Q. You are a member of the Blaine Club ? A. I am. Q. Where does that club meet ? A. In Newburgh. Q. How many members in that club ? A. In the neighborhood of three hundred and some odd. Q. Did you get any donation election day ? A. No, sir; none that I know of. By Mr. Dimmick: Q. When you met Todd that night did he say anything about being broke? A. I was going up Broadway on a little business; I forget exactly what I was going up for; in front of Mr. Hastings' I happened to meet Mr. Todd, and he says, " how do you do; " I says, " Hello," like that; just at that, William George Tygert was coming out of the door, and he says, "Hello, Bob;" I says, "How do' you do;'* Todd says, "That is the man that broke me to-day;" just at that a carpenter walked up in, and I turned on my heel and walked off. By Chairman Boesch: Q. Let me ask you the name of the man to whom you went to whom you volunteered ? A. James McGifEord. Q. What is the name of the man that Todd said broke him ? A. He said that I was the man that helped break him. Q. Todd said to Tygert that you were the man that helped break him? A. Yes. Q. What did he mean by that ? A. I don't know. Q. Did he mean you called on him too often ? A. I don't know what he meant by it. By Mr. Hirschbekg: Q. The Blaine Club is a club composed of about 350 young men in the city ? A. I think so. Q. Do I understand you to say a number of them were assigned to different districts that day ? A. They volunteered. Q. How many of them ? A. There was two in our ward that I knowed of. Q. Did you volunteer to work in any particular district ? A. No. Q. Who assigned you to the second district ? A. Nobody. Q. It was your own choice ? A. No, sir; I had no choice. 255 Q. How did you come to go there ? A. I went down and voted in the first district, at the truck-house; I came out and met Mr. Todd; I says, " Where will I see McGifford ? " he says, " He is up there to the rag shop;" I said, "I guess I will go up and see him;" he says, "What for?" I told him I was sent there as a volunteer worker; I went up and he called McGifford out, and told McGifford what I was sent there for; I told him I was a volunteer worker from the Blaine Club; he says, "I am sorry, but I have no place to put you; I just sent for Gordon to take a wagon to go around for the people; I suppose you never done any of it before;" I says, "That is all right;" and I turned on my heel and Jim Todd says, "Take a walk up the road," and we went up the road may be to Washington street, and we came back again ; he says, " Go up to Hastings and get some pasters," and I went there and got some pasters, and he asked me wouldn't I stay around and help him out, and I done so; that is the way I came up in that district. Q. Whatever you did you did gratuitously as well as voluntarily ? A. Without pay. Q. Or with the expectation of pay ? A. No, sir. Q. Simply because you were a member of the Blaine Club, and the club had asked the young men to enlist themselves ? A. Yes; those that had idle time to do it. ' Q. This is the truth ? A. Yes. ' , Q. This evening, when Mr. Todd said to Tygert, " there is the man that broke me," did he appeiar to be very much downcast ? A. No; he just said it in a joking way. Q. How old are you ? A. Twenty-five years old. Thomas Lynch, being duly sworn, testified as follows : f By Mr. Gardner : Q. You live in New York city ? A. Yes, sir. Q. What is your business ? A. Detective. Q. Were you engaged as such at the last fall election in the city of Port Jervis ? A. Yes, sir. Q. By the Democratic club of that city ? A. I presume it was. Q. You were around the polls in the fifth and eighth districts of the city of Port Jervis more or less, all day ? A. Yes, sir. Q. In those districts did you see Charles St. John? A. Yes, sir; I saw him several times. Q. He is a Kepublican worker ? A. Yes, sir. Q. Did you during the day see liim soliciting votes in the eighth district ? A. It appeared to me he was. 256 Q. What did you see him doing ? A. I saw him speaking to seve- ral men, I should think within a hundred feet of the polling booth; I wasn't very well acquainted with the town so I couldn't name any streets; I think it must have been within a hundred feet of the polling place I saw him speak to several men ; in one instance I saw two men leave the eighth district and go down to the fifth; they noticed I was watching them. Q. What were their names ? A. That I didn't get, because I didn't see any money passed; I saw them go down to the fifth district, and as soon as they saw I was noticing them they turned around and looked at me, and turned around and went back; theydidn't vote at all; I also saw him speaking to two men, John Dwyer and John Flaherty, in the eighth Q. What distance from the polls ? A. I guess it would be the same distance; there were four corners; I saw him over close to those men, and I thought by their actions there was something wrong; I went up to Dwyer and Flaherty a,nd said, " What was St. John saying to you?" "He was just asking us which way we were~ going to vote;" I said, "Is that all? " he looked at me, and didn't make any reply; I says, "How much did he give you?" "Oh," he says, "we got fifty cents each;" I got the money from them and they went before Mr. Lyon, made an affidavit to that effect, with the money in their hand; they both seemed to fear Mr. St. John very much. Mr. HiRscHBERG. — I move to strike that out. Chairman Eoesoh. — Strike it out. Q. Did you ask him to let you see the paster at that time ? A. Tes, sir. Q. (Presenting) Is that the one he handed to you ? A. It was the Eepublican paster; I couldn't say whether that was the one or not. Q. Whose writing is this? A. That is my writing. \ Q. Did you put it in that envelope? A. I put it in the envelope and put the coin in there with it, and marked the man's name. Q. Did you make that memorandum ? A. Yes, sir. Q. Did you mark the date of the coin, 1856? A. Tes, sir. Q. Are you able to identify that and this paster as the ones Flaherty handed to you at that time ? A. It is a paster of the same kind, I would swear to. Q. You put it in that envelope? A. I put it in that envelope and sealed it up, a copy of the piece and date, and put that in on a separate paper. Mr. Gardner. — We offer that in evidence as a Republican paster. Chairman Eoesoh. — I don't think that is necessary. 257 Q. Mr. Dwyer handed to you also the coiA that he received? A. Yes, sir; at the same time a half dollar — a fifty-cent piece. Q. The Republican paster he handed to you ? A. Yes, sir. Q. That agrees with the memorandum you made at the time ? A. Yes, sir. Q. How far from the polls were these parties, about ? A. Must have been a hundred feet Q. That day did you see Matthew Winters? A. I saw Matthew Winters and a young fellow named Patrick Ginty; I saw St. John speaking to both of them; I went to Ginty first and asked him how much he got for his vote; he said he got two dollars; I says, " Where is the money ? " He says, " I spent it; " I says, " Did you vote?" He says, "I am not going to tell you;" he gave me a paster a little while after that; I saw St. John speaking to Winters: I asked Winters theBame thing; Winters said, " Yes; I got two dollars; " I says, " Where is the money ? " He says, " It is here; " I says, " Did he give you that paster too ? " He says, " Yes." Q. Was it a Kepublican paster? A. Yes; I looked at it; he said, " St. John said to me, now, if you don't vote that ticket I will know, because I have marked it; " I have been looking all over, and the only mark I can see is the impression of his thumb nail on the side. Q. This Ginty, was he there at the time that Winters was ? A. He was with Winters at the time I got the two dollars from Winters, and also the paster. Q. Did you see St. John hand Ginty any thing ? A. No; I didn't see that at all. Q. Only he was there at the time ? A. He was there at the time ; I ^ saw him speak to Ginty, but I didn't see him hand him anything. Q. More or less all day did you see St. John soliciting votes from voters within the poll limits in the eighth district ? Mr. HiKscHBBRG. — I object to that. Q. What you have stated as having seen him doing; was it occuring more or less all day? A. More or less all day. By Mr. Hieschbeeg: 'Q. That is, you saw him talking to people more or less all day ? A. Yes Q. You didn't hear what he said to them ? A. No, sir. Q. Not in any instance ? A. No, sir. Q. You were employed as a detective by the club in Port Jervis ? A. That I couldn't say who the employers were; I received my instructions in New York. 33 258 Q. Instructed to go to Port Jervis and discover what you could in the way of bribery ? A. Yes, sir. Q. On one side ? A. I wasn't giyen any side, any particular side. Q. You didn't know who you were to watch? A. Yes; I did know. Q. You were instructed to watch somebody ? A. Yes, sir. Q. Who were you instructed to watch 1 A. Anybody that I saw committing bribery. Q. No one specially ? A. My attention was called to > St. John on account of his being prominent around there. Q. When you were instructed to go there ? A. No, sir; after I got there. Q. That was before election morning ? A. No, sir; election morning. Q. At what time ? A. It would be half-past 7, 1 suppose. Q. That you were invited specially to watch St. John? A. Yes, sir. Q. He didn't know you ? A. Not at that time he didn't, but he did later in the day. Q. About how late in the day was it do you understand he knew who you were? A. About 11 o'clock, when I followed him in Calli- gan's saloon. Q. From half-palst 7 to 11 o'clock did you watch him 1 A. No, sir; I didn't watch him specially, but I kept an eye on him every time, I saw him. Q. Did you watch him specially after that? A. Yes, sir; because his actions warranted it, Q. Never mind the reasons; just answer the facts; did you watch him as carefully as you knew how ? A. Yes, sir. Q. And as close as you could ? A. Yes, sir. Q. Did you see him hand any money to anybody during the day ? A. I never saw the money passed. Q. Did you see him hand any money during the day to anybody? A. I couldn't say I saw the money passed; I saw his actions, which caused me to ask the parties whether he had given them money. Q. Did you see him give the money to them ? No, sir. Q. Did you see him hand pasters to anybody ? A. Yes, sir. Q. Who? A. Two or three men; but they didn't get any money; I don't know what their names were ; they wouldn't tell me their names. Q. How long have you been a detective? A. Three or four years. Q. You have been on the witness stand before ? A. Once. Q. Can you give the names of any other persons you saw him hand pasters to ? A. No, sir. Q. What you have testified to here about money is simply what you have been told by the parties ? A. Yes, sir. 259 Q. Not at all what you have seen ? A. I saw him approach the parties, but I didn't see the paster and the money passed. Q. What you have testi&ed to here is what you have been told by these parties? A. Yes, sir. Q. In every instance they gave you the money which they said they received from him? A. Yes, sir. Q. And gave you the paster which they said they received from him? A. Yes, sir. Q. None of them voted the paster ? A. No, sir. Q. Nor kept the money ? A. 'No, sir. i Q. You got all the .money ? A. All that gave me the money. Q. All thait you know of? A. All that I could swear to. Q. All that you know of your own knowledge you got the money ? A. Yes, sir. Q. Did they give it to you willingly ? A. I asked them for it. (Question repeated.) A. Yes, sir. ,^ Q. Voluntarily? A. Yes; I just asked them, and they gave it up. Q. You gave them nothing ? - A. No, sir. Q. Promised them nothing ? A. No, sir. Q. Made no representations to them to induce them to give it to you? A. No, sir. Q. You were a stranger to them ? A. Yes, sir. Q. At your request they gave you the money which they said they received for their yote, and let you take it away ? A. Yes, sir. Q. They not to receive it back again ? A. No, sir. Q. Nor anything else for it ? A. Not that I know of. Q. And they didn't vote, so far as you know ? A. Not those three that I mentioned. Q. Those are the only ones you know of ? A. Positively. Q. Of your own knowledge ? A. Yes, sir. Q. Whatever else you know is mere suspicion ? A. Mere suspicion. By Chairman Roesch: Q. Did they ask you what j^ovl wanted with that money when you asked them for it? A. No, sir; I have been a stranger around there; I presume that they thought I was there watching them, or something to that effect; I took it that way, because they 9,cted so; they didn't ask me who I was or what I was, and I didn't tell them. Q. Did you tell them you were a detective ? A. No, sir. Q. Did you tell them you had been sent there to keep an eye on the election, and detect anyone committing any crime against the franchise ? A. No, sir. 260 Q. You asked them for the money and they willingly parted with it? A. Yes, sir. Q. Did you tell them if they gave you the money that you would not prosecute them or inform against them ? A. No, sir. Q. Or bring them up as witnesses in any proceeding? A. No, sir; I made no promises. By Mr. Gaedner : Q. Plahertyv and Dwyer went with you and made a complaint and swore to it ? A. Yes, sir; and Winters also. By Chairman Roesoh: Q. What became of those cases ? A. They made an affidavit. Q. What became of the cases ultimately ? Mr. Gardner. — St. John was arrested and gave bonds, and the wit- nesses disappeared afterwards. Mr. HiKSOHBEEG. — Nobody appeared, as I understand it, before the grand jury. Mr. Gardner. — As I understand it, the witnesses were out of the State. I believe that is all we have to-day. These other witnesses that I have explained before, are witnesses we would like to examine. Mr. HiEscHBERG. — I think they ought to examine those witnesses before they close their case; it is not our fault they are not here. Chairman Roesch. — That is true; at the same time you were told at the last hearing they would conclude. Mr. HiESOHBEEG. — I bolievied they would do it but they haven't been true to their pledge. Mr. Washburn. — In what particular ? Mr. HiRsoHBEEG. — In closing; because you reserve some half dozen important witnesses, which you didn't even subpoena or notify to be here. Mr. Gardner. — That was the understanding of the counsel, that the committee said that those parties must be here, that they were sub- poenaed and we applied formally to have an attachment issued against them at that time; Mr. Hirschberg said Mr. O'Neil was not here, and he wanted him to examine those witnesses from the central part of the county and said they would be here; that is to say, he said he hoped when they were sworn Mr. O'Neil would be here. Mr. O'Neil.— Have you concluded your case ? Mr. Gardner. — We have with the exception of these witnesses. Mr. Hirschberg. — Mr. Keaner was here anxious to be sworn. Mr. O'Neil came here and was here at 7.25. 261 Mr. Gakdneb. — One of these witnesses is John G. Walsh. He is, lerhaps, the onlj one; that is, the only one that if they insist upon it trongly, that we would care to examine. We will state what we ixpect to prove by him. Chairman Eoesoh. — I do not care to hear it; I do not believe in the )ractice of counsel stating what he expects to prove by a witness who le has not subpoenaed, whom he thinks he will subpoena on some uture occasion. The proper way to do it is to subpoena the witness, )roduce your proof to the committee that he has actually been served vith a subpoena, which has riot yet been done in any case. There is 10 proof before the , committee that any one of the witnesses have n point of fact been served with a subpoena to appear before the iommittee. Mr. Gardneb. — We will make formal application before the com- nittee to have Mr. Walsh attached, and with that exception and the )ther witnesses that are also in contempt; we would like to reserve ;he right to swear them. Mr. Washbuen. — ' Two of the witnesses, in Middletown, were again subpoenaed yesterday by the deputy sergeant, and a number of witnesses were not re-served whom we intended to have re-served. Chairman KoESCH. — You ought to conduct the case as you would my trial in court without any suggestion from the chair and in iefiance of any suggestion from the chair or the committee, if it be necessary, and try the case as nearly as may be as you would try a ease in a court of justice. It is only fair to both sides in this contest and other counsel engaged before this committee to call attention to bhe fact that the resolution giving thin committee the power to take testimony and have a stenographer and conduct the investigations in Albany and at other places as the committee might see fit, was only passed by the senate on last Monday evening. We took testimony^ as you know, in all these cases, prior to last Monday evening, taking it for granted the resolution had passed. The resolution should have been passed on the first day of the session when the committee itself was appointed, so that should it be necessary to report any witness to the senate for a failure to answer any subpoena in the past, you would be met successfully by the answer that the committee had no power in the past to issue these subpoenas. So that only those witnesses that have been served with subpoenas to appear at sessions of the committee since last Monday, who have failed to appear, could be reported to the senate for action by the senate. The committee was very much in hopes you would close your case to-day. 262 Mr. Gardner. — We will close to-day now with the exception that this formal evidence as to the memorandum of the returns in the two districts which counsel ai-e to agree upon, will be offered, which has not as yet been offered. Simply documentary evidence. Chairman Roesch. — There is no question about that. Mr. HiRSCHBEKG. — It is important we should know what evidence they are going to claim. Chairman Eoesoh. — Counsel must not fence with the committee for delay. The returns themselves are in evidence. Mr. HiRSCHBEBG. — Still the committee will hear counsel? Chairman Roesch. — Yes. Mr. HiBSCHBEKO. — The committee would not make such suggestion or criticism if they listen to what counsel has to say. Chairman Roesch. — I want to call your attention to a communica- tion from one of the county clerks which was sent here and filed by me with the clerk of the senate among the papers; I thiak it was a statement that he had made up in pursuance of the agreement entered into betwetn counsel at Newburgh. Mr. Gildersleeve, I don't know whether you have a copy of it or not. , Mr. "HiBscHBEBG. — No; we have no copy. Mr. Gaedneb. — If counsel don't wish to agree to that, the returns ■ are already in evidence; let us close our case to-day with the under- standing yoa are to look over this memoranda later, so as to expedite the examination of it by the committee. We will submit the case on the proof already given. Mf. HiRSCHBEBG. — There isn't any question before the committee as to what they desire to do. I was simply trying to make a suggestion which I think will shorten the proceedings, and the chair can reject it, and they can reject it, but I would like to make it. In the opening of the case it was stated specifically in respect to these returns that there were a number of irregularities; that in one district. No. 1, a ballot of No. 3 was voted, and that there were trimmed ballots attached to the returns in Orange county; that there were incon- sistencies in the canvass; for instance, in one district, the counsel didn't remember what it was, there were more straight Democratic tickets returned than there were votes cast for Mr. Lamont, and in other districts there were more straight Republican tickets returned than there were votes cast for Mr. Richardson; in other districts the same, in still other districts the same thing with Mr. Richardson. Then, he says, we will go on and develop minutely the different dis- tricts we expect to raise our objection upon what you may call tech- nical grounds. That was his promise, and I would suggest that it 263 would hardly expedite this iuvestigation now that all the returns from both counties have been dumped bodily in the proceedings before the committee for us to take the time to go through all these and imagine which of them the attention of this committee wiU be caljed upon by the contestant and the committee urged to throw out returns because they are irregular, but it would be much easier if the counsel would indicate which of these election returns they claim are irregular and the ground. Mr. Washburn. — That has been already done. The record will show the returns were called for by number, and were submitted on our side by number, and then the district attorney submitted all of those in a lump; we submitted the returns on our side by numbers. Mr. HiESCHBEEG. — By those numbers they have never indicated and now I think it is time to do it; what there is in those returns which they claim to be irregular. Mr. Washbukn. — That is a different point. Mr. HiBSCHBERG. — It would expedite the matter if they will inform us what is irregular in the districts in which they claim there are irregularities. Mr. Washburn. — These certified copies will show in what dis- tricts there are irregularities. The districts have been already designated. Mr. CouNTEYMAN. — The ground of objection we want. Mr. Washburn. — The districts have already been designated, the grounds of objection are stated in the certified copy from the county officials. Doesn't that cover both points? Mr. Countryman. — That isn't in evidence yet. Mr. Washbubne. — I sent the clerk a copy of the memorandum taken from this return in each of the districts to which we take exception, and upon that memorandum the ground and condition to which we take exception is stated. When the clerk certifies that that menlor. andum in correct, then we have the ground in evidence as well as the designation of the district. ' Mr. Hxbschbebg. — That is all that is necessary. Chairman Eoesch. — How did the county clerk come to be able to point out the irregularities upon which you rely ? Mr. Washburn. — I sent to the county clerk a copy of the memor- andum in each district, to which we take exception, and upon that copy the condition to which we except, the condition of the return, the irregularity to which we take exception was indicated. Chairman Eoesch. — The county clerk simply certified that in the districts to which you called attention, such a state of affairs existed 264 certifies to the returns upon which you claim the irregularities are established. ■ Mr. Gardner. — On the face of the papers. Mr. HiRSCHiBERG. — I have ho doubt that placed in our hands would give us the informrtion we desire. Chairman Eoesch. — I have been under the impression the other side was to have been furnished with a similar copy. Mr. HiESOHBEEG. — That was true. Chairman Roesch. — I said at Newburgh if the returns on their face showed on their face irregularities, then the returns themselves would disclose it, and you and the other side could agree as to that fact. However each might ■ differ from the other as to the argument, that would be based upon the facts. If the record is mutilated, counsel upon both sides can certainly agree upon a statement which shall show the particulars of the mutilation, though each side might argue differently as to the effect of the mutilation on the case. So in this matter you could agree. And I think that was my order — you should attempt to agree upon a statement showing the exact condition of the return. Mr. HiRSOHBERG. — If we failed to agree, the returns were to be pro- duced ourselves. Mr. Gardner. — We disagree now; they will not consent to that; therefore we let the returns stand as they are offered in evidence. Chairman Eoesch. — The other side does not say so. Of course the other side would like to have had this all attended to, I presume, before they came here. I do not know whether the other side is pre- pared to go on with their case or not, if all those things were here. Mr. Gardner. — We think the committee from the returns themselves can get all thp information we want to lay before the senate on that subject. If they do not want to take our word for it the certified memoranda are correct, it is not our fault. Mr. HiRSOHBERG. — I would be perfectly content for the chair to make an order; they file with the stenographer and with us their claim of the condition of the returns, what they object to in each dis- trict, and let that go as evidence. Mr. Countryman. — Or else furnish us with a certified copy of their objection which they say they have filed with the clerk. Mr. Washbden. — Does it prejudice the case of the sitting member if one of the county officials is a little late in furnishing a certified copy? Mr. HiRSOHBERG. — Givc us your statement of what you claim the returns show. 265 Chairman Eoesoh — With the exception of a atatement which shall show what the returns discloses, your case is finished? Mr. Gaedner. — It is. Mr. Washburn. — We will submit this as a memoranda, stating the objections. Chairman Boesch. — Does this paper disclose your entire case in reference to those irregularities? Mr. Washburn. — Yes, sir^ Chairman Robbch. — Mark this in evidence. Now the case is closed. Memoeanda or Statement or Canvass in the First Election Distiot or THE Town of Bloomingkove. Governor (total) 245 Flower ' 78 Fassett 145 Bruce 19 DeLeon 2 Defective 1 Senator (totai) 245 Lamont 81 Bichardson 141 Seely , '■ 21 Blank 2 Bepublican plurality 60. Justice of sessions (total) 245 Stevens -"^ 79 Bull 141 Talbott 19 Blank ■ :v 6 Memoranda of ballots attached (28 short) 217 Straight Democrat 72 Straight Bepublican 128 Straight Prohibition 15 Straight Labor 2 Split tickets Names of inspectors: E. J. McLaughlin, Charles H. Tuthill, Henry C. Brooks. 34 266 Memoranda of Statement of Canvass in the First Election District OF the Town of Chester. Governor (total) 203 Flower 84 Fassett 113 Bruce 6 DeLeon Senator (total) .' 201 Lamont 85 Bichardson . . .' 110 Seely 6 Blank i Bepublican plurality 25. Justice of Sessions (total) 200 Stevens 85 Bull 107 Talbott : 8 Blank Memoranda of ballots attached 208 Straight Democrat 80 Straight Eepublican 103 Straight Prohibition 4 Straight Labor ' Split tickets 16 Names of inspectors: George R. Vail, D. W. Miller, C. F. Wood. Bemarks. The sixteen split tickets have Lamont paster for senator; and are otherwise Bepublican. Memoranda of Statement of Canvass in the First Election Distkiot OF the Town of Cornwall. Governor (total) ; 329 Flower 145 Fassett 161 Bruce 23 DeLeon 267 Senator (total) 328 Lamont 143 Richardson 167 Seely 28 Blank Republican plurality 14. Justice of Sessions (total) 329 Stevens 143 Bull 157 Talbott 29 Blank Memoranda of ballots attached (41 short) 288 Straight Democrat 131 Straight Republican (ballots trimmed) 136 Straight Prohibition 21 Straight Labor Split tickets Names of inspectors: Charles S. Atwood, Robert Mitchell, Robert Cleland. Bemarks. I; Attached ballots are trimmed. Memoeanda op Statement of Canvass in the Second Election District or THE Town of Cornwall. Governor (total) 271 Flower Ill Fassett 147 Bruce 12 DeLeon 1 Senator (total) 267 Lamont 106 , Richardson 149 Seely 12 Blank Republican plurality 43. 268 Justice of Sessions (total) • 266 Stevens \ 107 Bull 147 Talbott 12 Blank Governor. Senator. Memoranda of ballots attached (no splits) 271 267 Straight Democrat Ill 106 Straight Republican 147 149 Straight Prohibition 12 12 Straight Labor 1 Split tickets No statement of number of ballots. Names of inspectors: Charles E. Miller, John W. McCauley, H. J. Van Duzer. Remarks. The number of ballots of each kind is indicated opposite name of each candidate. Memoranda or Statement of Canvass in the Third Election District of THE Town of Cornwall. Governor (total) 135 Flower 59 Fassett 64 Bruce 11 DeLeon 1 Senator (total) 133 Lamont 58 Bichardson 62 Seely 18 Blank ' ===== Bepublican plurality 4. 269 ' Justice of Sessions (total) , 133 Stevens 55 Bull 63 Talbott 15 Blank : Memoranda of ballots attached (no splits) 135 Straight Democrat 59 Straight Kepublican (L. 58) 64 Straight Prohibition 11 Straight Labor 1 Split tickets Names of inspectors: C. C. Terry, E. J. Benjamin, Eugene Barton. Bemarks. Afl&davit dated November 12, that return is correct and explaining change of one vote in red ink on Rosendale, Danforth and Schenck. Memoranda of Statement of Canvass in the SBboND Election Dis- TEIOT OF THE ToWN OF DeEBFASE. Governor (total) '■ 94 Flower 38 Fassett 53 Bruce 2 DeLeon 1 Senaitor (total) - 93 Lamont . .' ■ - • • • 38 Bichardson 53 Seely 2 Blank : . • Bepublican plurality 15. Justice of Sessions (total) 93 Stevens ^ 37 Bull 54 Talbott ' 2 Blank 270 Memoranda of ballots attached 94 Straight Democrat • • • 37 Straight Republican (no splits) 54 Straight Prohibition (S. Rep. 54) 2 Straight Labor (Rn 53) '. : 1 Split tickets , Names of inspectors : Lewis Cuddeback, C. J. Van Inwegen, John M. Thorpe. Memoranda of Statement of Canvass in the Seventh Election Dis- trict OF the Town of Deeepabk. Governor (total) 257 Flower ... 101 Fassett 148 Bruce 5 DeLeon 3 Senator (total) 254 Lamont 100 Richardson 149 Seely 5 Blank Republican plurality 49. Justice of Sessions (total) 254 Stevens 101 Bull 148 Talbott ■ 5 Blank , , 3 Memoranda of ballots attached (no splits) , 257 Straight Democrat 101 Straight Republican (L. 100) 148 Straight Prohibition '• 5 Straight Labor 3 Split tickets Names of insj)ectors: Moses Dapy, Chas. C. Boyd, Barclay S. Marsh. 271 Memoranda op Statement op Canvass in the EIighth Election District OP the Town op Deer Park. Governor (total) 394 Flower 148 Fassett 227 Bruce 15 De Leon 4 Senator (total) 394 Lamont , 160 Richardson 226 Seely 15 Blank 3 Bepublicau plurality 76. Justice of Sessions (total) 394 Stevens 147 Bull 223 Talbott 15 Blank 9 Memoranda of ballots attac{ied (no splits) 317 Straight Democrat 121 Straight Republican (77 short) ... 180 Straight Prohibition 12 Straight Labor 4 Split tickets Names of inspectors: S. A. J. Conkling, Thaddeus Mead, W. S. Bevins. Memoranda op jStatembnt op Canvass in the First Election District OP THE Town op Goshen. Governor (total) -. 168 Flower • 88 Fassett 77 Bruce 20 DeLeon • • • • Blank ■•■••■ 1 272 Senator (total) 168 Lamont 72 Bichardson '. 92 Seeley 2 Blank 2 Bepublican plurality 20. Justice of Sessions (total) 168 Stevens 86 Bull 79 Talbott 2 Blank 2 Memoranda of ballots attached (22 short) 146 Straight Democrat 51 Straight Republican 61 Straight Prohibition 2 Straight Labor Split tickets 32 Names of inspectors: Theodore Shuit, S. L. Kniffin, Jas. Scott, Jr. Memoranda of Statement op Canvass in the Second Election District or THE Town of Goshen. Governor (total) ' 221 Flower 109 Fassett 107 i Bruce 6 DeLeon Senator (total) 221 Lamont 87 Richardson 128 Seely 5 Blank : 1 Republican plurality. 41. Justice of Session (total) 221 Stevens 106 Bull = 104 Talbott...^ 5 Blank 6 273 • Governor. Senator. Memoranda of ballots attached (no splits) 221 220 Straight Democrat (no ballots) 109 8T Straight Bepublican (not shown) 107 128 Straight Prohibition- 6 6 Straight Labor Split tickets ^ Names of inspectors: James H. Coleman, E. P. Redfield, F. J. , Hawkins. Memoranda or Statement of Canvass in the Thied Election Disteiot or the Town of Goshen. Governor (total) 175 Flower 73 Fassett 99 Bruce 3 DeLeon Senator (total) 175 Lament 58 Bichardson 114 Seely 2 Blank 1 E. plurality 56. Justice of Sessions (total) 175 Stevens 69 Bull 96 Talbott 3 Blank 7 Memoranda of ballots attached (no splits) 98 Straight Democrat (77 short) 49 Straight Republican (ballots trimmed) '. 46 Straight Prohibition 3 Straight; Labor Split tickets ■ » Names of inspectors: George Hillillsj H. Clark Norton^ Frank Bi Hocki 85 274 Bemarks. Attached ballots are trimmed. Statement (November 12) by inspectors that they are unable to attach 77 split ticket^ because they had been " burned according to law." Memoranda of Statement of Canvass in the Foubth Election Disteict OF the Town of Goshen. Governor (total) 209 Flower 95 , Fassett 106 Bruce 5 DeLeon 3 Senator (total) 209 Lamont 91 Richardson 110 Seely ., 5 Blank 3 E. plurality 19. Justice of Sessions (total) 209 Stevens 98 Bull 100 Talbott , 6 Blank 6 Memoranda of ballots attached (none) 209 Democrat (no ballots attached) 76 Republican 76 Prohibition 5 Labor , . . , 3 Split tickets 49 Names of inspectors : John H. Staats,. Henry F. Kenny, John F. Crilly. Bemarks. Statement of inspectors dated November 11, that number of balloiiB were as shown in margin above. 275 Memoranda of Statement op Canvass in the Fibst Election Distbioti or the OP the town op Highlands. Governor (total) 247 Flower 109 Fassett ; r 127 Bruce . - 9 DeLeon 2 Senator (total) i . . . 245 Lamont 106 Richardson 130 Seely g Blank E. plurality 24. Justice of Sessions (total) 246 Stevens 109 Bull 128 Talbott/. 9 Blank Memoranda of ballots attached (1 or 12 over) 248 Straight Democrat 100 Straight Republican 92 Straight Prohibition 5 Straight Labor 2 Split tickets _. . ._ 45 Names of inspectors : Wm. E. Rose, J. Denna, Lawrence Gibney. Memoeanda of Statement op Canvass in the Second Election District op the op the Town op Highlands. Governor (total) 196 Flower 79 Fassett ..■: 110 Bruce '. 3 DeLeon ....,.., ,,......,,.... 4 276 Senator (total) 192 Lamont 78 Eichardson Ill Seely 3 Blank .' E. plurality 33. Justice of SesBions (total) 192 Stevens 79 Bull 110 Talbott , " 3 Blank Memoranda of ballots attached 196 Straight Democrat 71 Straight Eepublican 103 Straight Prohibition 3 Straight Labor 4 Split tickets ^ 15 Names of inspectors: J. 0. Drew, H. F. Bock, Henry Marvins. Memoranda of Statement or Canvass in the Third Election Distkiot OF THE Town of HiaHLANDs. Governor (total) 179 Flower 84 Fassett 89 Bruce 3 DeLeon 3 Senator (total) 177 Lamont 84 Eichardson 90 Seely 3 Blank '. . . . E. plurality 6. 277 Justice of Sessions (total) 178 Stevens 85 Bull 90 Talbott 3 Blank Memoranda of ballots attached (1 over) 180 ' Straight Democrat 81 Straight Republican 79 Straight Prohibition 3 Strp,ight Labor • , , 2 Split tickets '. ;/.' 15 Names of inspectors: Geo. A. Harris, Chas. Curtis, Jim Manley. ^ , Memoranda op Statement op Canvass in the First Election District IN the First Ward op the C^tt op Middletown. Governor (total) 184 Flower , 85 Fassett 93 Bruce .■ 5 DeLeou 1 Senator (total) 184 Lamont 81 Eiohardson 97 Seely 4 Blank 2 E. plurality IB. Justice of Sessions (total) 184 Stevens 84 Bull 91 Talbott 5 Blank ' 4 278; Govemorj Senator. Memoranda of ballots attached (no splits; one short) . . 183 Straight Democrat 86 81 Straight Eepublican 93 97 Straight Prohibition 5 4 Straight Labor 1 Blank 1 Number ballots not shown. Names of inspectors: John A. Wallace, Oliver G. Hulse, C. C. V. ' Ketcham. Bemarhs. Number of ballots ai each kind is indicated opposite name of ekch candidate. , v Memoranda of Statement of Canvass in the Second Election District OF THE First Ward of the City of Middleto^n. Governor (total) 266 Flower 162 Fassett '. 88 Bruce 13 DeLeon ' 2 Blank (Lamont) 1 Senator (total) 266 Lamont -. 134 Eichardson 118 Seely 12 Blank 2 L. plurality 16. Justice of Sessions (total) 266 Stevens 131 Bull... 92 Talbott 12 Blank 31 Memoranda of ballots attached (no splits) 266 279 Straight Demooi'at (L. 134) l62 Straight Bepublicau < 88 Straight Prohibition 13 Straight Labor 2 Blank 1 Split tickets Names of inspectors: Danl. B, Sweeny, J. Holman, A. E. Mclntyre. Memoranda of Statement of Canvass in the Second Election District ot THE Second Ward of the City of MiddletoWn. Governor (total) 207 Flower 59 Fassett 123 Bruce ■ 25 DeLeon > ==== Senator Ctotal) 207 Lament. 57 Bichardson 125 Seely ' 24 Blank. '. 1 R. plurality 68. , > Justice of Sessions (total) 207 Stevens 60 Bull 116 Talbott 28 Blank 3 Memoranda of ballots attached (no splits) ": 207 Straight Democrat (L. 57) 59 Straight Eepublican 123 Straight Prohibition 25 Labor Split tickets ^^ Names of inspectors : C. B. Hulse, J. M. H. Little, J. S. Towner. 280 Mbmdranda of Statement op Canvass in the Third Election Di8teiot or the Second Waed of the City of Middletown. Governor (total) 327 Flower 137 Fassett , 169 Bruce 19 DeLeon • 2 Senator (total) • • 327 Lament 130 Eichardson 174 Seely 19 Blank 4 E. plurality 44. Justice of Sessions (total) 327 Stevens 135 Bull 168 Talbott , 21 Blank 3 Memoranda of ballots attached (no splits) 327 Straight Democrat (L. 130) 137 Straight Eepublican 169 Straight Prohibition 19 Straight Labor 2 feplit tickets Names of inspectors: E. D. Mapes, Chas. E. Puff, L. G. Wilson. Memoranda of Statement of Canvass in the Second Election Distbiot or the Third Ward of the City of Middletown. Governor (total) 162 Flovf er 58 Fassett 94 Bruce 9 DeLeon 1 281 Senator (total) ■; ' 162 Lament 61 Biohardson 93 Seely 8 Blank E. plurality 32.- Justice of Sessions (total) 162 Stevens 60 Bull 93 Talbott I- 9 Blank , Memoranda of ballots attached (28 short) • • ■ • • 13^ Straight Democrat (only 2 splits) 49 Straight Republican 76 Straight Prohibition 7 Straight Labor Split tickets 2 Names of inspectors: E. B. Quick, G. H. Swalin, H. B. Dill. Memoranda of Statement of Canvass in the Pibst Election Distbiot OF THE Fourth Ward of the City of Middletown. 'Governor (total) 288 Flower .....'. 123 Fassett - 142 Bruce 16 DeLeon : 6 Blank 1 Senator (total) 288 I ===== Lamont 120 Eiohardson 144 Seely ;( 17 Blank 7 E. plurality 24. 36 282 Justice of Sessions (total) 288 Stevens 124 Bull ■- 135 Talbott ~ 18 Blank '. . . 11 Memoranda of ballots attached (no splits; 64 short) 224 Straight Democrat , 95 Straight Republican 107 Straight Prohibition j 16 Straight Labor 6 Split tickets Names of inspectors: James M. Price, Jonathan L. Suizj, Thomas A. March. • Memoranda or Statement of Canvass in the Second Election Distbiot OF THE Fourth Ward of the City of Middletown. Governor (total) 247 Plower 119 Fassett 121 Bruce 6 DeLeon 1 Senator (total) 247 • Lamont 113 Richardson 126 Seely 6 Blank 1 Brown 1 R. Plurality 13. Justice of Sessions (total) 247 Stevens 118 Bull 119 Talbott 6 Blank 4 283 Memoranda of ballots attached (no splits) 19S Straight Democrat (52 short) 101 Straight Bepublican 94 Straight Prohibition (ballots trimmed) Straight Labor Split tickets ^ Names of inspector^ : B. O. Wolf, Thomas L. Lane, Wesley Decker. ' Bemarhs. \ . Attached ballots are trimmed. Statement by inspectors that they can not obtain Prohibition and Labor tickets to attach. Memoranda or Statement of Canvass in the Third Election District ■ , of the Fourth Ward of the City of Middletcwn. Governor (total) . ; a 178 Flower 81 Fassett 81 Bruce : 14 DeLeon 2 Senator (total) 174 Lamont 73 Eichardson 87 ' Seeley 16 Blank , 2 E. plurality J4. Justice of Sessions (total) 178 Stevens 75 Bull 61 Talbott 16 Blank 26 Memoranda of ballots attached (no splits) 178 Straight Diemocratic (L. 73) 81 Straight Eepublican ^ 81 Straight Prohibition _ 14 Straight Labor ■ ■ 2 Split ticket Names of inspectors : A. Coddington, S. Albert Bull, George Storch. 284 Memoranda of Statemknt of Canvass in the Fibst Election Distbiot OF the OF THE ToWN OF MoNTflOMEBY. , Governor (total) 239 Flower 109 Fassett 106 , Bruce 22 DeLeon , 2 Senator (total) 239 Lamont ■ • 106 Eichardson 114 Seely 19 Blank R. plurality 8. t Justice of Sessions (total) 236 Stevens 108 Bull 106 Talbott ' 22 Blank Memoranda of ballots attached 289 Straight democratic (no splits) 109 Straight Eepublican 106 Straight Prohibition (S. Dem. 109) 22 Straight Labor (L. 106) '. . 2 Split tickets Names of inspectors: Henry J. Powell, Clark Stanley, Wm. Titus. Memoranda of Statement of Canvass in the Second Eojotion District OF THE OF the ToWN OF MONTGOMERY. Governor (total) f. 184 Flower : 84 Fassett 88 Bruce 11 DeLeon 1 285 Senator (total) 183 Lamont 81 Biohardson 91 Seely 11 Blank E. plurality 10. Justice of Sessions (total) 183 Stevens 86 Bull , 86 Talbott 11 Blank Memoranda of ballots attached (no splits) i. .. 184 Straight Democrat (L. 81) 84 Straight Bepublican > 88 Straight Prohibition 11 Straight Labor 1 Split tickets Names of inspectors: Chas. Tice, W. S. Hunter, Chas. J. Kidd. Meuobanda of Statement of Canvass m the Third Election District OF THE OF THE ToWN OF MONTGOMERY. Governor (total) 395 Mower , 132 Fassett - 234 Bruce • 22 DeLeon - - • 5 Blank 2 Senator (total) 395 Lamont 126 Bichardson : • 246 Seely , 19 Blank 4 B. plurality 120. 286 Justice of Sessions (total) 395 Stevens 131 Bull 288 Talbott 21 Blank 5 Memoranda of ballots attached (ballots trimmed) 395 Straight Democrat 109 Straight Eepublican 228 Straight Prohibition 17 Straight Labor ' 3 Split tickets 38 Names of inspectors: Saml. MoKee, Wm. T. Decker, Philip D. Crist. Bemarks. Attached ballots are trimmed; 21 split Democrat; 5 split Prohibi- tionist; 2 split Socalist; 10 split Bepublican. Memoranda of Statembkt of Canvass m the Foubth Election Distbiot OF THE OF THE ToWN OF MONTGOMERY. Governor (total) 305 Flower .- 88 Passett 200 Bruce 16 DeLeon ; Blank 1 Senator (total) 305 Lamont 87 Erichardsou 201 Seely 16 Blank 1 E. plurality 114. Justice of Sessions .(total) 305 Stevens , 88 Bull 200 Talbott 16 Blank 1 287 Memoranda of ballots attached (no splits) 266 Straight Democrat 72 Straight Bepublican (39 short) ] 80 Straight Prohibition 14 Straight Labor .'. Split tickets Names of inspectors: W. D. Sloan, Cyrus B. Farler, "William C. Weller. Remarks. Statement by inspectors that there were 38 split ballots. Memoranda op Statement op Canvass in the First Election District OP the— ^ — OP THE Town op Mt. Hope. Governor (total) ^ 247 Flower 93 Fassett 130 Bruce 2 DeLeon 2 Senator (total) 247 ' Lamont ■ • ■ • r 104 Richardson .■ 140 Seely : 3 Blank ] ., E. plurality 36. ''^ Justice of Sessions (total) 247 Stevens 90 Bull ' 134 Talbott 3 Blank Memoranda of ballots attached (no splits) 195 Straight Democrat 71 Straight Bepublican (52 short) 118 Straight Prohibition • " 4 Straight Labor (stubs' attached) 2 Split tickets Names of inspectors: John Pierson, L. M. Writer, A. J. Crary. Remarks. Stubs are still on attached ballots. 288 Memoranda of Statement of Canvass in the Second Election Disteiot OF THE FiEST WaED of THE ClTY OF NeWBUEGH. Governor (total) '. 243 Flower i 116 Fassett 119 Bruce 6 DeLeon v 1 Senator (total) 243 Lament 114 Kichardson 122 Seely '. 6 Blank ' .-. 1 K. plurality, 8. Justice of Sessions (total) 243 Stevens 116 Bull 120 Talbott 6 Blank 1 Memoranda of ballots attached (no splits) 248 Straight Democrat 116 Straight Republican (L. 114) 120 Straight Prohibition _ 6 Straight Labor , 1 Split tickets Names of inspectors: Jas. D. McGiffert, Jas. 0. Smith, David J. Hjdeman. Mbmoeanda of Statement of Canvass in the Foueth Election Distbiot or THE First Ward of the City of Newburgh. Governor (total) , 307 Flower 103 Fassett 189 Bruce 10 DeLeon 6 289 Senator (total) 302 Lamont , 95 Kichardson 197 Seely 10 Blank E. plurality, 102. "^ Justice of Sessions (total) 302 Stevens 1 101 Bull 190 Talbott 11 Blank Memoranda of ballots attached (no splits) 239 Straight Democrat (sixtvreight short) 79 Sitraight Bepublican 148 Straight Prohibition 7 Straight Labor 5 Split tickets ===== Names of inspectors: Alanson H. Tapping, Robert J. Hill, John Lansberry. Memobamda of Statement of Canvass in the Fifth Election Distbiot OF the First Wabd of the City of Newbubgh. Governor (total) 282 Flower 76 Fassett 138 Bruce 15 DeLeon 3 Senator (total) 232 Lamont 81 ' Bichardson 138 Seely ' 14 Blank 4 B. plurality 62. 37 290 Justice of Sessions (total) 232 Stevens 76 Bull : 136 Talbott 14 Blank 6 No splits. S. Eepublioan, 138. En. 133. Memoranda of ballots attached 232 Straight Democrat 76 Straight Eepublican 138 Straight Prohibition 15 Straight Lahor 3 Split tickets Names of inspectors: "William B. White, E. Farrington, John J. McQueston. ' Memoranda of Statement of Canvass in the Seventh Election District OF THE First Ward of the City of Newborgh. Governor (total) 246 Flower 54 Fassett 178 Bruce 8 DeLeon 16 Senator (total) 246 Lament 55 Eichardson 177 Seely '. 8 Blank (no splits) 6 E. plurality 122. "^~ One short Justice of Sessions (total) 246 Stevens 55 Bull 177 Talbott 8 Blank 6 291 Memoranda of ballots attached 245 Straight Democrat 54 Straight Republican 177 Straight Prohibition 8 Straight Labor' 6 Split tickets Names of inspectors: Andrew W. Taggart, William H. Hallock, Frank B. Dickson. Remarks. Affidavit of Taggairt and Hallock that thej made corrections on ward blank in election district No. 7, on writing the whole number of Totes on tickets and page of said district. Memobanda or Statement op Canvass in the FiSst Election Disteict OF the Second Ward of the City of Newburgh. Governor (total) 293 Flower 142 Fassett , 144 Bruce 4 De Leon ~ 3 Senator (total) ^ Lamont 141 Bichardson - 145 Seely 4 Blank ; R. plurality 4. Justice of Sessions (total) 290 Stevens 140 Bull 146 Talbott 4 Blank (no splitsj Memoranda of ballots attached (61 short) ... - 232 Straight Democrat HI Straight Republican 114 Straight Prohibition 4 Straight Labor 3 Split tickets Names of inspectors: Willett A. Kidd, Wm. C. Elliott, Jno. T. Smith. 292 Bemarks. Affidavit of Kidd and Smith, November fourteen, that there were 232 straight and 61 split tickets. Memoranda of Statement of Canvass in the Second Election District OF THE Second Wabd of the Citt of Newbcrgh. Governor (total) 277 Flower 126 Fassett 141 Bruce 8 De Leon 2 Senator (total) 274 Lament 123 Bichardsou 144 Seely 7 Blank B. plurality 21. Justice of Sessions (total) 273 Stevens ^ 124 Bull 142 Talbott 7 Blank , Memoranda of ballots attached (no splits) 278 Straight Democrat (1 over) 126 Straight Eepublican (L. 123) 142 Straight Prohibition 8 Straight Labor 2 Split tickets None. Names of Inspectors: Jos. Martine, A. S. Weaver, Chas. 0. Barrett. Memoranda of Statement of Canvass in the Third Election District of THE Second Ward of the City of Newburgh. Governor (total) 260 Flower 108 Fassett 145 Bruce 3 DeLeon , , . , , 4 - 293 Senator (total) 257 Lamont 104 Richardson ; 150 Seely 3 Blank E. plurality 46. / Justicevof Sessions (total) 257 Stevens 105 Bull 148 Talbott 4 Blank Memoranda of ballots attached (no splits) 260 Straight Democratic 108 Straight Eepublican (L., 104) 145 Straight Prbhibition 3 Straight L&bor 4 Split tickets I ===== Names of inspectors: Hiram Lozier, I^aac 6. Lozier, James E. Brady. Memoeanda of Statement of Canvass in the Foubth ElectIon District OF the Second Ward of the City of Ni^wbuegh. Governor (total) 334 Flower 1 132 Fassett • 187 Bruce 14 DeLeon Blank 1 Senator (total) 384 Lamont 127 Richardson 190 Seely 14 Blank 3 E. plurality 63. 294 Justices of Sessions (total) 334 Stevens 132 Bull 187 Talbott 14 Blank 1 Memoranda of btiUots attached (no splits) 354 Straight Democratic ( 20 ) 143 Straight Republican (L., 127) 197 Straight Prohibition 14 Straight Labor Split tickets Names of inspector: Ingham Stubley, George Buchann, James S. Beahan. Memoranda op Statement or Canvass in the First Election District OF THE Third Ward of the City op Newburqh. Governor (total) 198 Flower •. 78 Fassett 110 Bruce 10 DeLeon Senator (total) . 198 Lamont 78 Bichardson 109 Seely 10 Blank 1 R. plurality, 31. Justice of Sessions (total, no splits) 198 Stevens 79 Bull (forty-nine short) 109 Talbott 10 Blank 296 Memoranda of ballots attached 149 Straight Democrat 54 Straight Bepublican 89 Straight Prohibition 6 Straight Labor Split tickets Names of inspectors: Wm. N. Beggs, Jos. A, MacDonald, Thos. Harrington. ^ Bemarks. Af&davit by inspectors that 49 split ballots having been destroyed can not be attached. Memoranda or Statement of Canvass in the Second Election District OF THE Thibd Ward op the City of Newbubgh. . Governor (total) 251 Flower , 81 Fassett 161 Bruce 8 DeLeou. . .' 1 Blank 1 Senator (total) 251 Lamont 79 Richardson 162 ^ eely 8 Blank 2 R. plurality, 83. Justice of Sessions (total) 251 Stevens 81 Bull 160 Talbott 8 Blank 2 No splits; 72 short 296 Memoranda of ballots attached 179 Straight Democratic 45 Straight Bepublican 129 Straight Prohibition 5 Straight Labor Split tickets Names of inspectors: A. S. Wood, H. W. Waring, John H. Chapman. « Bemarks, Witnesses: Geo. S. Henmore; John H. Chapman; Jas. Belknap. Memoranda of Statement of Canvass in the First Election Distbiot OF THE FOTJETH WaKD OF THE CiTT OF NeWBUBGH. ^ Governor (total) 241 Flower 110 Fassett 123 Bruce , 4 , DeLeon 3 Blank 1 Senator (total) 241 Lamont 109 Bichardson 124 Seely 2 Blank 6 E. plurality 15. Justic,e of Sessions (total) 241 Stevens 109 Bull 125 Talbott 4 Blank 3 No splits. Statement by inspectors that there were 51 splits. Momoranda of ballots attached 241 Straight Democratic Ill Straight Eepublican 123 297 Straight Prohibition 4 Straight Labor (S. Democratic, 111) , 3 Split tickets (L., 109) Names of inspectors: Alex. A. Darragh, Jas. J. Fogarty, Jacob Lewvis. Eemarks. Statement of inspectors that there were 51 split ballots. Memohanda of Statement op Canvass in the Second Election Disteict OF THE FOUKTH WaBD OF THE CiTY OF NeWBURGH. Governor (total) 241 Flower '. ~~ 134 Fassett 103 Bruce 2 DeLeon 2 Senator (total) 241 Lamont 112 Bichardson i 122 Seely 2 Blank .'. 5 E. plurality 10. Justice of Sessions (total) 241 Stevens ■ 131 Bull (no splits) 106 Talbott (49 short) 2 Blank 2 Statement by inspectors. Memoranda of ballots attached 192 Straight Democratic 92 Straight Eepublican 96 Straight Prohibition 2 Straight Labor 2 Split tickets Names of inspectors: Jas. W. Bradley, Chas. A. Beekman, Eobt. W. Hewitt. Remarks. ' Statement by inspecliors that there were 49 split ballots. 38 298 Memoranda qf Statement oe Canvass in the Thibd Election District op ^ THE Fourth Ward of the City oe Newbubgh. Governor (total) 251 Flower • • 118 Fassett 126 Bruce 7 Senator (total) 261 Lamont 110 Bichardson 133 Seely 7 Blank 1 B. plurality 23. Justice of Sessions (total, no splits, 1 over) 251 Stevens 116 Bull 126 Talbott 7 Blank 2 S. D ; 118 L '. 110 Memoranda of ballots attached 252 Straight Democrat 118 Straight Bepublican 126 Prohibition 7 Labor , Defective (error) 1 Split tickets Names of inspectors: Geo. O. Gardner, Fred. Kernahan, Wm. H. Peake. Memoranda of Statement of Canvass in the Third Election District op the OF THE Town of Newburoh. Governor (total) 199 Flower 79 Fassett 107 Bruce 11 De Leon 2 299 Senator (total) 197 Lamont ■ 74 Richardson 113 Seeley 10 Blank R. plurality 39. Justice of Sessions (total) 198 Stevens 78 Bull 108 Talbott 12 •Blank Memoranda of ballots attached (no splits, ^ D. 79; L. 74). . . 199 Sti?aight Democrat 79 Straight Republican 107 Prohibition 11 Labor 2 Split tickets Names of inspectors: P. W. Howell, Isaac C. Cuyler, Alex. Beattfeis. MeMOEANDA of SbPATEMENT OF CaNVASS IN THE FoUBTH ELECTION DiSTBICT OF THE OF THE TOWN OF NeWBURGH. Governor (total) 168 Flower 74 Fassett 88 Bruce 4 DeLeon 2 Senator (total) 168 Lamont 73 Richardson :.......: 89 iSeely .": 4 Blank , 2 R. plurality 16. 300 Justice of sefesions (total) • ■ 168 Stevens , 74 Bull 88 Talbott 4 Blank 2 Memoranda of ballots attached (no splits; S. D. 74 ; L. 73). 168 Straight Democrat : 74 Straight Republican 88 Straight Prohibition 4 Straight Labor 2 Split ticket ; 0' Names of iiispectors: Wallace Lozier, Michael Benson, Frederick Decker. ' Memoranda or Statement or Canvass in the Second Election Disteict OE THE OP THE ToWN OF NeWBUKQH. Governor (total) 167 Flower 68 Fassett ... 77 Bruce 22 DeLeon Senator (total) 167 Lamont 69 Richardson 76 Blank R. plurality 7. Justice of sessions, (total) 167 Stevens 68 Bull 77 Talbott 22 Blank 301 Memoranda of ballots attached (no splits; S. E.-77; Rn. 76). . 167 Straight Democratic 68 Straight Republican 77 Straight Prohibition 22 Straight Labor Split tickets • Names of inspectors: Elias P. Griffin, Frank S. Griffin, Lfewis W. Miller. Mbmobanda or Statement op Canvass in the Second Election District OP THE OF the Town op New Windsor. Governor (total) 163 Flower 74 Fassett 87 Bruce 1 DeLeon Blank * 1 Senator (total) 163 Lamont 74 Richardson 86 Seely 1 Blank 2 R. plurality 12. Justice of Sessions (total) 163 Stevens (only 1 split) 74 Bull (1 short) 88 Talbott 1 Alex.; S. Rep! 87; Rn. 86. Memoranda of ballots attached, blank (split is Pro.) 162 Straight Democratic 74 Straight Republican 87 302 Straight Prohibition Straight Labor Split tickets Names of inspectors: David W. Halsted, Jno. McGregor, Jas. ^ Flynn. Bemarks. The split is a Prob., Alexander. Memoranda op Statement of Canvass in the Fiest Election Distek OF the OE THE ToWN OF TdxEDO. Governor (total) 21 Flower 11 Fassett \ K Bruce DeLeon Senator (total) 2'i Lamont 11 Bichardson 1{ Seely Blank R. plurality 42. Justice of Sessions (total) 2'i Stevens IC Bull . . : U Talbott Blank .* Memoranda of ballots attached; no splits; ballots trimmed; two over; figures changed; S. Rep. 162; Rn. 157 2'i Straight Democratic 1] Straight Republican 1( Straight Prohibition 1£ Straight Labor • Split tickets : Names of inspectors: Peter W. Belcher, Jno. Marum, Mahlon . Brooks. Bemarks. Attached ballots are trimmed. 303 Memoranda or Statement of Canvass in the Pibst Eleotion Dibteict of THE OP THE Town of Wallkill. Governor (totaL) 213 Flower 97 Tassett 109 Bruce 3 DeLeon 3 Senator (total) 207 Lamont 98 Richardson 106 Seely 3 Blank R. plurality 8. Justice of Sessions (total) 212 Stevens 99 Bull 107 Talbot 6 Blank Memoranda of ballots attached; no splits; S. Rep. 109; Rn. 106, 213 Straight Democratic 97 Straight Republican 109 Straight Prohibition 4 Straight Labor 3 Split tickets Names of inspectors: Henry W. Dunning, J. C. Wilber, W. N. White. Memoranda of Statement of Canvass in the Third Election District of THE OF the Town of Wallkill. Governor (total) 150 Flower 52 Fassett ' 94 Bruce ' 3 DeLeon 1 304 Senator (total) 150 Lamont 50 Eichardson 94 Seely 3 Blank 3 E. plurality 44. Justice of Sessions (total) ;...... 150 " Stevens 51 Bull 95 Talbott 3 Blank 1 No splits Memoranda of ballots attached; no splits; S. Dem. 52; L. 50, 150 Straight Democratic 52 Straight Eepnblican (Lamont fifty) 94 Straight Prohibition 3 Straight Labor ". 1 Split tickets Names of inspectors: Wm. H. Winfield, Emmett L. Bull, Geo. F. Hunter. Bemarks. Number of district omitted in heading. Memoeanda of Statement or Canvass in the Pbobablt Fourth Election DISTRICT OF THE OF THE ToWN OF WARWICK. Governor (total) 311 Flower 145 Fassett 161 Bruce 5 DeLeon , Senator (total) 307 Lamont , 150 Eichardson 152 Seely 6 Blank E. plurality 2. 305 Justice of Sessions (total) 311 Stevens , 146 Bull 160 Talbot 5 Blank V Memoranda of ballots attached (district not stated) 311 Straight Democrat 137 Straigh<^Eepublican 126 Straight Prohibition 5 Straight Labor Split tickets 43 Names of inspectors, Jno. D. Smith, S. E. Holby, Geo. P. Wood. Bemarks. Memobanda 01" Statement of Canvass in the Thibd Election Disteict of the of the town of warwick. Governor (total) 338 Flower 160 Fassett 166 Bruce 8 DeLeon 4 Senator (total) 333 Lament 161 Richardson 8 Blank E. plurality 3. Justice of Session (total) 334 Stevens . . . . ! 162 Bull •... 164 Talbott • • ■ • • ■ 8 Blank ' 39 306 Memoranda of ballots attached (one short) 337 Straight Democrat 146 Straight Eepublican 139 Straight Prohibition 8 Straight Labor 3 Split tickets 41 Names of inspector: Ira D. Smith, frank T. Wildrick, H. K. Wood. Memoranda or Statement or Canvass in the Fiest Election Disteici OP the Town op Woodbubt. Governor (total) 356 Flower 99 Fassett 240 Bruce 15 DeLeon 2 Senator (total) 350 Lamont 121 Richardson 216 Seely 11 Blank 2 R. plurality 95. C. F. LaMont Justice of Sessions (total) 354 Stevens (no ballots attached) 98 Bull 239 Talbott 17 Blank Memoranda of ballots attached. No ballots attached. Straight Democrat Straight Republican Straight Prohibition Straight Labor Split tickets Names of inspectors: Millard F. Earl, Isaiah Huuter, Wm. B. Barclay. Remarks. Affidavit of inspectors, November twelfth, that ballots can not be attached because they were destroyed; but that statement is correct. 307 Memoranda op Statement of Canvass in the First Election Dktbiot OF THE «-T0WN OP BeTHBL. Governor (total) , 201 Flower i^g Fassett Ij2 Bruce 2 DeLeon ; g Senator (total) I93 Lament 32 Eiohardson HO Seely 2 Blank q R. plurality 29. ==== Justice of Sessions (total) 191 Steyens 79 Bull-Barringer (only 5 splits) 112 Talbott-Ingraham Blank Memoranda of ballots attached (only 5 splits; 6 short; S. D. 76; L. 81; S. R. 104; E. 110) 195 Straight Democrat 76 Straight Republican 104 Straight Prohibition 2 Straight Labor 8 Split tickets 5 Names of inspectors: James H. Col well, Wm. Smith, J. J. Bradley. Memoranda op Statement of Canvass in the Second Election District OF the OP the Town op Bethel. Governor (total) 214 Flower 82 Fassett 120 Bruce 8 DeLeon .;:..:.;.. ;....,...:.; ^ . 4 308 Senator (total) 212 Lamont .' 83 Eichardson 122 Seeley 7 Blank R. plurality 39. Justice of Sessions (total) . , , 205 Stevens 83 Bull 122 Talbott Blank Memoranda of ballots attached (3 over; 5 inspectors) 217 Straight Democratic 75 Straight Republican 108 Straight Prohibition 7 Straight Labor 8 Split tickets 24 Names of inspectors: Geo. Anderson, W. H. Carley, Henry Gold- smith, Seth Olmstead, 0. E. DeKay. Memoranda of Statement of Canvass in the Second Election District OF THE OF THE ToWN OF FaLLSBURGH. Governor (total) 321 Flower 155 Eassett , 158 Bruce 10 DeLeon 3 Senator (total) 317 Lamont , 151 Richardson 156 Seely 10 Blank R. plurality 5, 309 Justice of Sessions (total) 30§ Stevens 151 Bull i 154 Talbott Blank Memoranda of ballots attached (no splits; 44 short; S. D. 131; L. 161; S. R 132; R. 156) 277 Straight Democrat ...... 131 Straight Eepublioan 132 Straight Prohibition 10 Straight Labor 3 Split tickets Rejected 1 Names of ixlspectors: Chauncey N. Avery, O. E. Leroy, W.' H, Turner. Remarks. 1 marked ballot attached as voided, with a note by inspectors. Memotbanda of Statement of Canvass in the Fibst Election District OF THE of the ToWN OF IlIBERTT. , Governor (total) '. 1 229 Flower 79 Fassett 138 Bruce \ 9 DeLeon. 2 Blank '. 1 Senator (total) 229 Lament * 79 Richardson 139 Seely 9 Blank 2 R. plurality, 60. Justice of Sessions (total) '229 Stevens '^'^ Bull 138 Talbott 1* Blank aio Memoranda of ballots attached (no splits; S. D. 80; L. 79) . . . 229 Straight Democrat 80 Straight Republican 138 Straight Prohibition 9 Straight Labor 2 Split tickets Names of inspectors: Irving T. Morter, J. M. Hill, D. S. Hill. Memoranda of Statement op Castvass in the Second Election Distbict OF THE of the ToWN OF LiBEETT. Governor (total) 181 Flower 70 Fassett 96 Bruce 10 DeLeon 5 Senator (total) 174 Lament 70 Richardson 93 Seeley 11 Blank R. plurality, 23. Justice of Sessions (total) 165 Stevens 70 Bull 95 Talbott Blank Memoranda of ballots attached (no splits; L. 70; R. 93) ... 181 Straight Democrat 71 Straight Republican 90 Str&ight Prohibition 14 Straight Labor 6 Split tickets Names of inspectors: J. B. Carrier, Joel Crispell, J. B. Nichols. 811 Memoranda, of Statement of Canvass in the Thied Election DiStbioI' OF the OF THE Town of Libebty. Governor (total ) 149 Flower , 53 Fassett 79 Bruce , 16 DeLeon 1 Senator ( total) 148 Lamont 50 Richardson 81 Seely , 17 Blank , ._ E. plurality, 31. Justice of Sessions ( total ) 128 Stevens 52 Bull 76 Talbott Blank Governor. Senator. Memoranda of ballots attached (number of ballots not shown) 49 148 Straight Democratic 53 50 Straight Republican 79 81 Straight Prohibition 16 17 Straight Labor 1 Split tickets Names of Inspectors: Jas. H. Durne, Cyrus Gray, Jr., D. E. Stewart. Bemarks. Memoranda of Statement of Canvass in the Fourth Election District OF the Town of Liberty. Governor (total) 154 Flower 65 Fassett 78 Bruce 5 DeLeon 6 312 Senator (total) 149 Lamont 54 Bichardson 89 Seely 6 Blank E. plurality, 35. Justice of Sessions (total) 142 Stevens 64 Bull 78 Talbott , Blank Governor. Senator. Memoranda of ballots attached; number of ballots not shown; stubs attached 154 Straight Democrat 65 54 Straight Republican 78 89 Straight Prohibition 5 6 Straight Labor 6 Split tickets Names of inspectors: Seth Ennis, Melvin L. Joyner, Wakeman F. Barton. Bemarks. Attached ballots still have the stubs on them. Memoranda op Statement or Canvass in the Third Election District or THE of the Town or Boceland. Governor (total) 146 Flower 60 Fassett 81 Bruce 3 DeLeon 2 Senator (total) 144 Lamont 59 Richardson 82 Seely 3 Blank E. plurality, 23. =-= 313 Justice of Sessions (total) 141 Stevens 59 Bull 82 Talbott Blank Memoranda of ballots attached (colored ballots attached) . . . 146 Straight Democrat 60 Straight Eepublican 81 Straight Prohibition , 3 Straight Labor 2 Split tickets Names of inspectors: Samuel Lord, Ira Martin, Peter Millspaugh. " Remarks. Attached ballots are yellow or brown. Memobai^da of Statement of Canvass in the Foubth Election Distwo* OF. THE OF the Town of Rockland. Governor (total) 78 Flower 33 Fassett 38 DeLeon 2 Bruce 5 Senator (total) ; 76 Lamoat 32 Richardson 40 Seely ... 4 Blank - R. plurality, 8. Justice of Sessions (total) 72 Stevens 34 Bull 38 Talbott Blank 40 314 , Govemoi". Senator. Memoranda of ballots attached; colored ballots; number of ballots not shown 78 V. 76 Straight Democrat 33 32 Straight Republican 38 40 Straight Prohibition 5 4 Straight Labor 2 Split tickets Names of inspectors: J. W. Van Steinbergh, George Preston, Edgar Commer. Bemarks. Ballots attached are yellow or "brown. Number of ballots indicated opposite name of each candidate. Memokanda op Statement of Canvass in the Fihst Election Distkiot op THE OP THE Town op Mamakating. Governor (total) 247 Flower 94 Fassett 144 Bruce 5 De Leon 4 Senator (total) 247 Lamont 97 Richardson 140 Seeley 4 Blank 6 R. plurality, 43. Justice of Sessions (total) 247 Stevens 92 Bull 145 Talbott. 10 ' Blank .* Memoranda of ballots attached (no splits, L. 97; R. 140) 247 Straight Democrat ^ 94 Straight Republican 144 315 Straight Prohibition 6 Straight Labor. 4 Split tickets Names of inspectors: William Hornbeck, W. H. Decker, Charles HuUstand. Memobanda op Statement or Canvass in the Second Election Distbiot of THE of the Town of Mamakating. Governor (total) 243 Flower 75 Fassett 150 Bruce 11 De Leon 7 Senator (total) 236 Lamont 76 Eichardson . 148 Seeley 12 Blank R. plurality, 72. Justice of Sessions (total) 224 Stevens 75 Bull..... 149 Talbott Blank Memoranda of ballots attached (no splits S. D. 75; L. 76; S. R. 150; Rn. 148; ballots trimmed.) 243 Straight Democratic 75 Straight Republican 150 Straight Prohibition. 11 Straight Labor 7 Split tickets Names of inspectors: A. B. Page, Patrick McNamee, Jos. McCauley, Bemarks. Attached ballots are trimmed. 316 Memoranda op Statement of 'Canvass in the Thied Election Disteict OP THE OP THE ToWN OP MaMAKATING. Governor (total) 172 Flower . 67 Fasflett .* 101 Bruce De Leon '. Senator (total) 170 Lamont 68 Bichardson 101 Seely 2 Blank E. plurality 33. Justice of Sessions (total) 172 Stevens 68 Bull , 101 Talbott Blank No splits; two short; number not shown; Democratic and Eepub- lican not attached. Prohibition and labor trimmed. Memoranda of ballots attached: GoTemor. Senator. 170 168 Straight Democrat 67 68 Straight Republican 101 100 Straight Prohibition 2 Straight Labor . Split tickets Names of inspectors: Jno. W. Bell, H. O. Euykendall, Ferris St. John. Bemarks. Number of ballots indicated opposite name of each candidate; no official Democratic or Eepublican ballot attached; Prohibition and Labor ballots attached are trimmed. 317 Memobanda. of Statement of Cauvabs in the Second Election District OP THE OF THE ToWN OF NeVERBINK. Governor (total) 260 Flower 121 Fassett 127 Bruce ).... 10 De Leon 2 Senator (total) \ 259 Lamont 119 Eichardson 130 Seely .' ■ ■ 10 Blank R. plurality 11. Justice of Sessions (total) 246 Stevens 122 Bull...: 124 Talbott Blank Memoranda of ballots attached no splits; Flower 121, L. 119, Fassett 127; E. 130; number of ballots not shown; five inspectors. Governor. Senator. 260 Straight Democrat 121 119 Straight Eepubliean ' 127 130 Straight Prohibition lO 10 Straight Labor 2 Split tickets •■•• Names of inspector^: Jno. E. Stanton, W. V. Denmar, C. B. Yantram, 0. E. Donaldson, Thos. J. MuUenix. Bemarks. No ballots indicated opposite each candidate. 318 Mbmokanddm op Statement of Canvass in the Second Election Distbiot of the of the town of thompson. Governor (total) 200 Flower 87 Fassett 105 Bruce j 6 DeLeon 2 Senator (total) 198 Lamont 87 Richardson 105 Seely 6 Blank R. plurality 18. Justice of Sessions (total) 189 Stevens '. 87 Bull % 105 Talbott Blank Memoranda of ballots attached (ballots trimmed), 200 Straight Democrat 87 Straight Republican 105 Straight Prohibition 6 Straight Labor 2 Split tickets Names of inspectors: Thomas Neil; Frank E. Geraghty; Henry A. St. John. Bemarks. Attached ballots are trimmed. Memoranda of Statement of Canvass in the First Election Distbiot OF the OF THE Town op Thompson. Governor ; 182 Flower 75 Fassett 97 Bruce 6 DeLeon 4 319 Senator (total) : 178 Lamout 76 Bichardson 96 Seely 6 Blank E. plurality 20. "" Justice of Sessions (total) 173 Stevens-Ingraham 97 BuU-Barrenger 76 Talbott Blank Memoranda of ballots attached; two over; number of ballots not shown; ballots trimmed. Governor. Senator. ? ' 184 .... Straight Democrat , 75 76 Straight Eepublican 97 96 Straight Prohibition 6 6 Straight Labor 4 Split tickets 2 Names of inspectors: Herberet E. Barnum, Martin H. Day, Austin A. Bace. Bemarks. Attached ballots are trimmed. Number of ballots indicated after name of each candidate. Six tickets attached. L., Flower; B , Fassett, from the two splits. Memoranda OP Statement of Canvass in the Third Election Distbict OF THE OF THE ToWN OF THOMPSON. \ Governor (total) 94 Flower 36 Fassett 54 Bruce 5 De Leon 1 320 Senator (total) : 95 Lamont 26 Bich.ard.sou 54 Seely 5 Blank *. R. plurality, 18. Justice of Sessions (total) 90 Stevens 36 Bull 54 Talbott Blank Memoranda of ballots attached : two over; colored ballots. ... 96 Straight Democrat 24 Straight Republican 46 Straight Prohibition 3 Straight Labor Split tickets ' 23 Names of Inspectors: Isaac A. Weller, Chas. O. Robinson, Chas. G. Stedder. Remarks. Attached ballots are yellow or brown. Memobasda of Statement op Canvass in the Poubth, Election Disteiot or THE or THE Town op Thompson. Governor (total) 306 Flower 135 Fassett 164 Bruce 2 De Leon 2 Senator (total) 304 Lamont 133 Richardson 166 Seely 2 Blank ! R. plurality, 33. 321 Justice of Sessions (total) 302 Stevens-BerriDger 135 Ball-Ingraham 164 Talbott Blank Memoranda of ballots attached: Two short; number of ballots not shown. ^ Governor. Senator. 304 Straight Democrat \ 135 133 Straight'Republican 164 166 Straight Prohibition , 2 2 Straight Labor 2 IE. Split tickets 1 Names of inspectors: C. S. Starr, Wm. Coddington, J. W. Decker. Bemarhs. Two ballots attached bearing memoranda of inspectors that they were folded and voted jiogether. Number of ballots indicated opposite each candidate. Mr. Gabdneb. — I will call one witness. Abraham L. Dbokbb, being duly sworn, testified as follows: By Mr. Gabdneb: Q. Tou were elected coroner in Orange county at last fall election? A. I was. Q. On the Eepublican ticket? A. Yes, sir. Q. Live in Middletown ? A. Yes, sir. Q. Ybu knew at that time of the existence of what w^s called the Independent German Club ? A. Yes, sir. Q. Do you contribute anything to that club for the support of your- self on the Republican ticket ? A. No, sir. Q. Did you contribute anything whatsoever ? A. No, sir. Q. Did you give them anything to support you on your ticket ? A. I did not. Q. Did you give them any beer or anything else as a club ? A. I didn't do it to buy votes withi Q. What did you do? 41 322 Mr. CouNTEYMAN. — We object to it. Cliairman Eoesoh. — If you will connect this with the case before the committee we will admit it. Q. Did you give the club any beer ? Mr. HiEscHBEEG. — I object. Chairman Eoesoh. — Objection sustained. , Q. Did the club vote the Eepublican ticket as a body ? Mr. HiEscHBEBG. — I object to that. The Witness. — Not altogether; no, sir. Q. Did you contribute or give them anything to support the Eepublican ticket; if so, what was it? A. I did liot give them anything. Q. You gave them some beer, didn't you ? - • ' Mr. CouNTETMAN. — I objoct to that. The Witness. — There was a keg of beer bought by me, but there was no object of buying votes or anything of that kind. Q. What is the political price for beer? A. I don't know. Q. Did you have any conversation with the president of the club during election ? A. No, sir. Q. Before election or afterwards ? A. No, sir. Q. Or the secretary ? A. No, sir. Q. Or the treasurer? A. No, sir. Q. Did you pay for this beer yourself ? A. I did. Q. All your own funds? A. I guess it was; yes, sir. Q. Are you sure ? A. I am. Q. Do you know of Mr. Eichardson having contributed anything for the campaign fund in the city of Middletown ? A. I never heard of his doing so. Q. Did you contribute, as a candidate, anything to the committee ? Mr. HiESOHBEEG. — We object to that. Chairman Eoesoh. — Objection sustained. By Mr. O'Neil: Q. When did you buy the beer? A. Two or three weeks before election. Q. The members of this club you are acquainted with ? A. Yes, sir. Q. What is your business? A. Druggist. Q. You were running for coroner last fall ? A. Yes, sir. Mr. GAEDNEE.-^We rest. Mr. HiRBCHBEEG. — I would like the committee to give us some reasonable time to go over the testimony and determine what wit' nesses we will require, and subpoena them. 323 Chairman Roesch. — I think in a contested election case, stretching over a length of time, counsel can easily determine what points they desire to answer. The subpoenas were delivered in Newburgh Wednesday. Mr. O'Neil.— Not knowing now what we must meet in the returns* one thing must be considered by the commission, that the senatorial district covers a large area of territory. They may charge irregu- larities in the northwestern part of Sullivan, which is a great many miles from Newburgh, and we do not know what this investigation may lead to. Chairman Roesoh. — If the irregularities exist anywhere in any of the returns, they will exist there to-day as much as they will exist next week, and you can not alter that in any respect. Mr. O'Neil. — Unless we might show some, evidence oi^tside of the returns to account for the irregularities, or show there were irregu- larities upon the other side, which would counterbalance the irregu- larities charged against us. , Mr. HiEscHBERG. — When we came here we asked to have these things made specific. Chairman Roesoh. — The committee feels in this way; the committee do not want to do anything to hurry you on, but we would like to get through with this work. If this committee had had any intimation this morning early, that you were not going on with this case, as we made our engagement with you, this committee would have attended to its other work, and it is a serious interference with the work of this committee in other directions. You are perhaps not exactly to blame for that; you must have known yesterday you could not go on to-day, and if you had sent a telegram to the committee, the committee would have made other engagements. Mr. H1BSOHBEE&. — We told the chairman at the last hearing we did not think we would be able to go on to-day. If I had the subpoenas the same day we were here, we could not have been ready. Chairman Roesoh. — The time of the committee is wasted. Mr. HiRSCHBBEG. — The committee said to us when they closed their case you would give us abundant time. Mr. Gabdneb. — The committee also said they must go on with theif ease Friday night and Saturday. Mr> O'Neil. — All we want is time to get ready, and we will finish up in one hearing, which may, perhaps, take an afternoon and an evening. Mr. HiRSCHBERa. — We can not make an agreement to finish in one hearing. 324 Chairman Eoesoh. — The committee stands adjourned as to the Lamont-Richardson contest until 7 o'clock Thursday evening, next week, February 25, 1892. Thubsdat, February, 25, 1892 — 7.30 p. m. The committee met pursuant to adjournment. Present.— Senator Endkes. Mr. HiBscHBEBG. — As we have a number of witnesses subpoenaed here, we will not occupy the time of the committee now in making a motion to dismiss the contestant's proceedings, but will reserve that until the evidence is all in, when it will be embraced in the final argument; we also proceed to the trial of the case on behalf of the sitting member without any formal opening to the committee. James S. Tatlob, being duly sworn, testified as follows: By Mr. Hieschbeeg: i Q. Where do you reside ? A. In Newburgh ; in the town. Q. Were you formerly a resident of the city ? A. Yes, sir. Q. For a number of years ? A. Twelve. , Q. And until within a year past ? A. Yes, sir. Q. Were you present in the city of Newburgh on election day last fall ? A. Yes, sir. Q. In what ward ? A. In the first ward. Q. What district o*f that ward ? A. Fifth district. Q. In what capacity, if any, were you present there that day? A. I was appointed as watcher for that district. Q, A Republican watcher ? A. Yes, sir. Q. Who was the other regularly appointed Republican watcher in that district ? A. John Smith. Q. Who were the Democratic watchers? A. William Mar and Littleton; I don't know his first name. Q. Who were the inspectors of election in that district ? A. John McChrisen and William White, and Eugene Farrington. Q. How much of the time were you actually present at the polls during the day ? A. From the time the polls opened until they closed. Q. And after they closed ? A. Yes. Q. Until what time ? A. Until after the vote was counted.i Q. And the result declared ? A. Yes. Q. Some testimony has been given here to the effect that there was a back room connected with the poll and that people came in and out indiscriminately; what have yoii to say to that ? A, I don't think that 325 there was a man went into that back room who had no right there; either he was an inspector or a watcher, or the man who owned the building. Q. How was it as to coming in the polling place into that room ? A. They couldn't get in from outside. Q. They couldn't get in to where the poll was being held ? A. No, sir. Q. As matter of fact did anybody come in? A. Not to my knowledge, Q. You were in a position to observe it? A. I could see all that was going on. Q. State to the committee how the vote was counted that night? A. I presume it was done as it always has been done since I have had anything to do with watching or counting that vote; I watch the Democratic inspector and the others did the same; the Republican watched the Democrat. Q. And the Democrat watched the Republican ? A. Tes, sir. Q. Who counted the votes ? A. The inspector. Q. Any one else ? A. Only in one instance. Q. State what that instance was ? A. After we had. got through the head bf the ticket, we got to the third or fourth name, I don't knew which it was, there was a ticket passed through the Democratic inspector's hand and I tried to call his attention to it at the time. Q, Mr. MoChristen ? A. Tes; the man I was watching; he rather ignored me, as much as to say he could count the tiokiets which he did proceed to do; he counted them the second time and made the same mistake; I again called his attention to it and the Demo- cratic watcher saw the same mistake. Q. Which one? A. Mr. Mar; after the figures were added up the count didn't balance; made a mistake of one; one man had more than he should have had. Q. Which office was it on the ticket ? A. It was for governor, on the Prohibitionist, Labor candidate, I don't know which it was; there was a scratch on. Q. You mean it was for the office of Governor? A. Tes; the Democratic watcher turned to the Democratic inspector and said, "Let Mr. Taylor count those votes;" I said, "No;" I didn't care to count them; I showed him where the mistake was and the other inspectors who were making the counts had got half a dozen names ahead of the others and they were impatient at the delay, and they turned around and they all insisted on my counting that batch of tickets to make the;n straight, and Mr. McOhristen then said he 326 would allow it; I showed him where the mistake was which straight- ened the thing right out and they went right along and had no more trouble. Q. All the trouble was this one scratch on the office of Governor had been overlooked by McChristen ? A. Tes;wewere all impatient; we all had a hard day and we were all anxious to get away. Q. Did Mr. McChristen count all the tickets correctly with the single exception he overlooked that one scratch ? A. Yes. Q. You found no other error of any other kind ? A. No error that I know of. Q. What was Mr. McChristen's condition? A. In what way? Q. As to sobriety ? A. I consider that he was sober, perfectly ? Q. Did you notice any act of impropriety on his part during the day that indicated anything to the contrary ? A. I did not; I don't think he even left the poll-room that I know of during the entire day. Q. Of course there was nothing to drink in there ? A. I presume not. By Senator Endbes: Q. Did you see anything there ? A. "I saw what I had. Q. Did you hfeve anything to drink? A. There was coffee. Q. No liquor? A. No, sir. Gross-examination : By Mr. Ga-ednee: Q. Do you recall the fact that he knocked over a bunch of ballots when he was counting them; the inspector McChristen? A. I recall the fact at one time during the count the tickets were in front of him on the table, one pile to his right, one to the middle and one to his left, and in reaching over for one pile he accidently jarred them, which almost caused them to fall. Q. Isn't it a fact that they did tumble over ? A. Not on the ground. Q. Did they on the table ? A. They were sliding away when I put my arm up and jsaught them. Q. Yo|i handled the ballots while he was counting them ? A. I didn't say so. Q. Did you? A. No. Q. Did he put them up himself? A. Yes, sir. Q. Are you able to state whether you assisted, yourself, Mr. McChristen in counting some of those ballots now? A. Only so far as I have just testified. Q. How many you assist him in counting ? A. I assisted him in counting the tictets that we were counting up the time we were counting the governor's tickets. Q. About how many would that make? A. I don't know; there were probably in his pile fifty or sixty tickets. ■Q. Did you assist him in counting all those ? A. No. Q. How many of those ? A. Only to the ticket that I knew he had overlooked. Q. Are you able to state how many there were A. No, sir. Q. You annoanced to him what you counted, the number that you had counted? A. No; I simply showed him the ticket which I thought he was in error on which was right. Q. Do you know Charles Byan ? A. I know several Eyans.^ Q. The one that is a clerk for Arthur McLane on Water street ? A. I know him by sight. Q. Do you know J. W. Euttenber, the editor ? A. I know him by sight. Q. Did you ever have any conversation with those gentlemen on the subject of counting ballots on that night ? A. I don't remember. Q. Did you ever say this, or this in substance to Mr. Eyan, that you could have counted thirty -five or forty more ballots for the Eepublican candidates if you had a mind to that night ? A. No, sir; I don't remember anything of the kind. Q. Did you say that or that in substance to Mr. Euttenber? A, I don't remember. Q. Did you say anything to either of those gentlemen on that sub- ject? A. I saw a great many men that day; I don't remember what happened particularly. ' Q. Will you state now positively that you never said anything to either of those gentlemen on the subject of your counting those ballots? A. I will not, because I don't remember saying anything to him or either of. them about it. Q. Tou will noti state you didn't bo state? A. I can't state, because I have no recollection of it. , Q. You say that during the day you were in there at all times, is that true that you were not out of that room from the opening until the close of the polls that day? A. Oh, yes; I was outside the building. Q. At different times ? A. A few times; possibly three or four. Q. How are you able to state, in answer to Judge Hirschberg's question, that there was not indiscriminately passing between the two rooms during different times of the day persons who had no right 328 there ? A. I stated that while I was in the building I saw none of that going on. Q. I understood you to answer that therfe was none of that going on as a fact, now you wish to correct your statement, do you ? A. While I was in the building, of course. Q. You know the fact that the family, the owners of the premises, lived in there ? A. The rear room you speak of was used by them when the house is. used as a dwelling. Q. Was the family in there that day? A. No, sir. By Mr. HiBSOHBEBa: Q. Tou really didn't count at all, you simply mean to be understood that you called attention to the fact that this error arose from the overlooking of one scratched ticket, and you simply took off of the pile until you came to that ticket ? A. Yes. Q. Without counting? A. Didn't really count; simply overlooked it. Q. You have been asked whether you said to certain men that you could have counted thirty or forty Eepublican tickets, could you have counted any tickets at all ? A. No, sir. Q. Could you have affected the result in any way ? A. No, sir. Q. Was it in your power to count five, ten or any number of the Eepublican tickets ? A. No, sir. Q. Or change the result in any manner ? A. No, sir. Q. And of course you didn't do it ? A. No ; I did not. Q. How much of the time were you out on these two or three occa- sions ? A. I don't think the longest time I was away was over ten or fifteen minutes; it was to get air; it was insufferably hot and close in there. Q. Was it at such times that the voting was slack? A. Generally; yes. By Mr. Gabdnee: Q. Didn't you solicit any votes that day ? A. Not at all. John J. Qdiston, being duly sworn, testified as follows: By Mr. Hieschbekg: Q. Where do you live ? A. First ward, city of Newburgh, 297 Ann street, Fifth district. Q. How long have you lived there ? A. Four years last December; I have lived in Newburgh all my life. Q. Born and brought up there ? A. Yes, sir. Q. Were you the Democratic inspector of election in that district? A. I was. 329 Q. You have heard the testimony of Mr. Taylor just given ? A. I heard a part of it; I was too far away to hear all. Q. Did you serve, discharge the duties of inspector that day ? A. I did. Q. All day long ? A. Tes, sir. Q' After the voting ceased did you remain there discharging your duties? A. Yes; until the counting of the ballots was through with. Q. Didn't leave there until the work was entirely completed 1 A. I did not; no sir. Q. Were you in the building all day ? A. I was out of it once in the morning, between 9 and 10 o'clock, for about five minutes, I should think, and once in the afternoon after I had my dinner; I went out and got a glass of ginger ale. Q. Did you get anything to drink when you went out in the morning? A. I got a glass of ginger ale. Q. Those two occasions were the only occasions you weie out of the building at all from the time the polls opened until your duties ceased when the result was announced ? A. They was the only two times. Q. On those two occasions you were absent a few moments ? A. I wasn't out either time over five minutes. Q. Had you been indulging in intoxicating drinks that day ? A. No, sir. Q. Were you or were you not sober ? A. I was sober. Q. All the time? A. All day long; from early in the morning until the close at night, and until the count was through with I was sober; as sober then as I am now. Q. Mrs. Moran testified you came in her place and got a glass of ale; did you go in? A. I did, .on my way down street. Q. That was after the result had been ann ounced ? A. Yes, sir. Q. Did you count the ballots with the other inspectors ? A. Yes, sir. , ' Q. Did you count them correctly ? A. I counted them all correctly, unless once. n Q. State what that was ? A. One time, I think it was on the straight ticket, I wouldn't be positive, but the top of the ticket I started to count and when I got through all but the last pile, I think it was the Eepublican pile, Mr. Taylor told me I had made a mistake, and I told him I would let it run until I saw how it came out in the count, and when it came out in the count there, was a mistake. Q. How many ? ' A. One; the chairman of the board of inspectors told me to count my ballots over again and I started and counted them, and when I came to that place Mr. Taylor put his finger out 42 330 like that, and stopped the ballot from dropping, and that was the only time he touched the ballot. Q. Did he show you where the error was? A. Yes. Q. What was it ? A. A split ticket. Q. That you had overlooked ? A. Yes, and I didn't notice. Q. Do you remember Mr. June being there that day ? A. I do. Q. What did he come for ? A. He came there and asked me if there were any more names on the book that hadn't voted; he called me to the door and I told him there was one, Henry G-uinn, and I sent for him; I came back and went back in my place behind the ballot box; I was receiving ballots that day; that was all the conver- sation I had with Mr. Jane. Gross-examination : By Mr. Gaednbr: Q. On that day did you feel well ? A. I wasn't in the best of health; but I felt able to do my duty. Q. You are quite sure that you didn't drink any whisky that day? A. No, sir; I didn't drink any whisky that day any more than what I told Mr. Hirschberg. By Senator Endbes : Q. You didn't swear you drank any whisky? A. I didn't say I drank whisky at all; it was ginger ale I told Mr. Hirschberg. By Mr. Gardner: Q. You state positively you didn't drink any whisky that day ? A. I didn't drink any whisky; no, sir. Q. You have been in my office during this investigation, haven't you ? A. You sent for me one day. Q. You had a conversation with me one the subject of your state of feeling that day, didn't you ? A. I told you I wasn't feeling well election day. Q. Did you say to me. that you had drank some whisky that day and you drank it because you didn't feel well or that in substance ? A. I don't think I did. Q. If that isn't what you stated will you state what you did state to me ? A. You asked me when I was in your office, didn't you ask me if I drank any intoxicating drink that day, and I told you no, I didn't any more than a glass of ginger ale. Q. Then you didn't state to me that you had drank whisky that day? A. I did not; no. 331 Q. You didn't further state to me that you had drank whisky in Mrs. Moran'ib ? A. That day? Q. Yes? A. No; I wasn't in Mrs. Moran's that day until after the polls closed, and the count and all over. Q. Do you remember knocking over a pile of ballots that night ? A. That was my elbow; Mr. Taylor merely put Ijis hand, I think, and shoved them up; he didn't count them or anything of that. Q. You state Mr. Taylor did not assist in counting the ballots that night? A. Mr. Taylor did. not assist in counting the ballots. Q. And didn't handle them ? A. He just showed me where the mistake was, and put his finger on top of the ballot. Q. Please state how the mistake was made ? A. I must have overlooked the split ticket. Q. At what time did you discover that there was a mistake made ? A. When the chairman announced the count. Q. How did you discover that there was a mistake ? A. It was the chairman said there was a mistake made and he told me to count my ballots over again. Q. How did you satisfy yourself there was a mistake ? A. Mr. Taylor showed it to me when he seen I was going over it the second time. Q. When Mr. Taylor told you thdre was a mistake you satisfied yourself there was a mistake, didn't you ? A. Yes. Q. How did you satisfy yourself aside from what Mr. Taylor told you that there was a mistake ? A. I counted the ballots all over and I was satisfied that the result had to come out just so, such a number of ballots in it. , Q. 'In othisr words, you stated there were so many votes cast for a certain candidate? A. Yes, sir. Q. In looking over the ballots you didn't find as many ballots in your pile as there were votes which you stated were cast; that is the way you found the mistake, isn't it ? I don't understand you. Q. You state there was a discrepancy between the ballots which you counted and the number of ballots which you stated ? A. Yes, sir. Q. Will you state how that discrepancy appeared; were there more ballots in the piles that you counted than what you announced, or were there less? A. One more ballot in than what there ought to have been. Q. How did that occur ? A. It was put to the wrong man. Q. Do you remember the man? A. No; I do not; I don't remember as far back as that; I couldn't think of him either; I don't know. 332 By Mr. Hieohbeeg: Q. It was on the State ticket ? A. Yes, sir. By Senator Endees: Q. Do you mean there was one more ballot or one more vote ? A. One more vote. Jesse V. Eaele, being duly sworn, testified as follows: By Mr. HiESCHBEEa: Q. Where do you live ? A. No. 5 Cottage place, Washington street, Newburgh. Q. Were you at the poll in question to which the last two witnesses have directed their testimony, on election day ? A. Yes, sir. Q. In what capacity ? A. Poll clerk. Q. ' Democratic or Republican ? A. Eepublican. Q. Were you there all day? A. Yes, sir; all but about three or four minutes. Q. At what time in the day were you out ? A. In the afternoon. Q. Was Mr. Quiston there during- the day ? A. Yes, sir. Q. The entire day ? A. All but twice he went out. Q. As he has testified ? A. Yes. Q. Was he there at night and during the canvassing of the ballots ? A. Yes, sir. Q. What was his condition during the day and night as to sobriety ? A*. He was perfectly sober. Q. Was there anything at all about his appearance or manner indicative of intoxication? A. No, sir. Q. Did he count the ballots ? A. Yes, sir. Q. The same as the other inspectors? A. Yes, sir; they were divided up in three piles ; each inspector had a pile. Q. Was there anything at all noticeable about his counting them ? A. Nothing noticeable more about it than he was a little slower than the other two counting; there was a mistake made on the start in the pile that he took. Q. A mistake of how many ? A. One. Q. Did he attempt to verify it himself ? A. To rectify the mistake ? Q. Yes. A. Yes. Q. How was it discovered? A. It was on account of a split ticket; and Mr. Taylor told him when the mistake came, "You made a mis- take there;" but he kept on; and then he counted them over again; and Mr. Taylor, as he was counting them over and when he came to the mistake, he showed him where it was. 333 Q. When he came to that ticket, Mr. Taylor thought there was a split on the one he showed him ? A. Yes. Q. Did Mr. Taylor count the ballots? A. No, sir. Q. Nobody but the inspectors counted? A. That's all; yes, sir. Gross- examitiation : By Mr. Gaednee: Q. Did you count any ballots that day ? A. No, sir; that wasn't my duty. Q. You were the Republican poll clerk ? A. Yes, sir. Hiram B. Odell, being duly sworn, testified as follows: By Mr.' Hiksohbeeg^ Q. Where do you reside ? A. City of Newburgh. Q. Were you there last fall on election day ? A. Yes, sir. ' Q, In what ward ? A. Second ward, first district. Q. Some evidence has been given here to the effect that you elec- tioneered on that day within 150 feet of the polling place; was that a fact? A. No, sir; it was not. Q. Were you on that da!y within 150 feet of the polling place? - A. Yes, sir. Q. All day? A. Pretty much. Q. Why ? A. Because I was a watcher. Q. Regularly appointed? A. Regularly appointed' by .the chair- man of the county committee. ^ Q. Where were you during the day ? A. I was inside a good por- tion of the day; in fact, most all the time. Q. Were you outside part of the day ? A. Yes, sir. Q. You know Mr. Mahoney ? A. Yes, sir. Q. He has been examined as a witness here and said he had a con- flict with you and told you to go away and not remain within 150 feet of the polls? A. You are mistaken about the man; I think it was Mr. Williams. Q. John Williams? A Yes, sir; he came over and Mr. Withers and myself were standing outside and told us we had no business to be there, that we were electioneering and he would have an officer sum- moned and arrest us if we didn't go away; in fact, I think he called an ofScer^s attention to it, that we were there at the polls. Q. What officer? A. I think it was O&cer Thomas R. Depew; I simply stated to Mr. Williams that I thought I had a perfect right there, that I was a regularly appointed watcher and proposed to stay there. 334 Q. Were you interfering with anybody's voting ? A. No, sir. Q. Or attempting to interfere in any way ? A. No, sir. Q. Or was Mr. Withers ? A. No, sir. Q. Was Mr. Withers doing anything of that kind during any part of the day? A. No, sir; not to my knowledge. Q. Was Mr. Williams doing anything in the way of electioneering? A. I wouldn't state positively as to that; he was around there; I saw him around there two or three different times. Q. You know him to be a Democratic worker 1 A. Yes, sir. Q. Has been for a number of years at that poll; was he a watcher ? A. No, sir. Cross-examination : • By Mr. Gardnee: Q. Why is it that Mr. Williams said he would send for a police officer if you didn't leave there ? A. I couldn't say. Q. Do you wish to state that you were standing there doing nothing when Williams approached you and told you if you didn't desist or leave there he would call a police officer ? A. I mean to state nothing of the kind. Q. What were you doing? A. I was talking wifli Mr. Withers; I don't think there was anybody else present. Q. Weren't there any voters present? A. No, sir, I think not; that is, there were not any voters near enough to us that we could talk with them. ^ Q. Mr. Withers was also a watcher ? A. Yes, sir. Q. Did you think it strange that Mr. Williams would threaten to have a police officer sent for to have you removed ? A. I thought it very strange under the circumstances. Q. Did you enter into any discussion with him ? A. No, sir. Q. Didn't he charge you with having electioneered within the poll limits ? As He made some charge of that kind. Q. Then and there ? A. Then and there. Q. Said that was the reason he would send for the police officer ? A. I believe so. Q. Isn't it a fact you had, at least some pasters that day in your hand, asking voters to vote ? A. I did not; I had pasters in my pocket, but I didn't ask voters to vote. Q. Did you hand any pasters to any voters ? A. No, sir. ' Q. Not one during that day ? A. Not one during that day. Q. Mr. Withers'? A. I know nothing what Mr. Withers did; I can't speak for him. 335 Q. Did your duties as a watcher call you outside ? A. Yes, I think they did. Q. You were not aware of the fact your duties as a watcher called you inside of the polls ? A. Yes, sir. Q. You also thought it called you outside ? A. I think so. Q. Did you think so then ? A. I did. By Mr. Washbuene: Q. How many Republican watchers were there at that polls ? A. Two. Q. Mr. Withers the other ? A. Yes. Q. You thought it necessary that both watchers should be outside? A. I gave it no thought; I thought we had a perfect right to be out- side if we wanted to; we were inside most of the time — particularly when the votes were counted. By Mr. Hibsohbeeg: Q. Mr. Williams had seen you there before working, before the ballot reform law was passed ? A. Yes, sir. Q. If he didn't know you and Mr. Withers were watchers there would be nothing surprising in his coming t^ere and asking you to move off 150 feet ? A. No, sir. By Senator Bndkes: ' Q. Where was this you were standing '? A. In front of the building. Q. You had pasters in your pocket ? A. I had a paster or two in my pocket. Q. And distributed none there ? A. No, sir. Q. Within a line of 150 feet of the polls? A. No, sir; I am positive. Albxandee Withees, being duly sworn, tiestified as follows: By Mr. Hibsohbeeg: Q. You are the other watcher in the first district of the second ward of Newburgh and were last fall election ? A. Yes, sir. Q. State to the committee what this incident was that Mr. Williams has brought up here and to which Mr. Odell has referred ? A. I believe as far as I remember the matter that Mr. Williams was across the street; there was no voting going on at the time and we were walking back and forward; we were in conversation, talking with one another; no matter of politics or no matter that would bear in the mat- ter of politics because there wasn't anyone there to talk politics with, and who voted; Mr. Williams was across the street and he came across 336 the street and as I understood him to say that if he didn't cease elec- tioneering he would have us arrested; that is about what he made remarks on. Q. What further was said, if anything, what explanation did you and Mr. Odell make of your being there ? A. There was another man there; I was talking to another man; I don't know whether the special policeman or some other person there. Q. What was said to Mr. Williams as the reason why you and Mr. Odell were there ? A. I don't understand you. Q. Did Mr. Odell tell Mr. Williams that you had a right to be there ? A. I don't remember of hearing him say so. Q. Did Mr. Williams know that you were a watcher? A. I don't think he did. Q. Tou didn't tell him yourself that you were a watcher ? A. I did not; no. Q. He came across the street to the polling place ? A. Yes. Q. Did he go back after that? A. No; he went down along side the polling place. Q. Did he remain there ? A. He moved on down somewhat. Q. Were you there all day ? A. Yes, sir. Q. In the discharge of your duties ? A. Yes, sir. Q. Did you do any electioneering there ? A. No, sir. Q. None whatever ? A. None whatever within the distance. Q. Within what is called the dead line. A. No. Gross-examination : By Mr. Gaednek: Q. You had some pasters in your pocket that day ? A. No, sir. Q. In your hand ? A. No, sir; not in the polling place. Q. Did you have any paster ballots ? A. Not in the polling place ; I had some in the morning early before I went to ,the polls. Q. How many ? A. A little package of them. Q. What did you do with them ? A. I don't know; I left them in stores, different places. Q. State any particular store ? A. Hindman Koas, and I think I left some in different houses the night before. Q. Will you state as a fact you didn't hand any paster ballots to voters that day? A. Not after the polls opened, I don't think I did. Q. I am asking you to put yourself on record as stating it to be a fact that you did not ? A. I don't remember whether I did or did not. Q. You saw Mr. B. B. Odell on that day? A. Yes, sir. Q. What time of day ? A. Several times that day. 337 Q. Can you recall any particular place where you saw him ? A. Yes, sir. Q. Where ? A. In the voting place. Q. I mean B. B. Odell? A. I did not see him that day. Q. Did you see him the day before ? A. Yes. Q. Wasn't it at his office you saw him ? A. I saw him two or three places. Q. Was ft not at his office the day before election that jou saw him 1 A. I don't know as I did see him the day beforp election in the office; which office ? Q. His office on Water street, 14 Water street ? A. I don't know; I don't remember whether I saw him there that day or not; I don't think I did. > Q. Will you swear it wasn't the second day before election ? A. I saw him often; I couldn't tell whether it was that day or the day before. Q. It was some day before electii)n ? A. Yes. Q. Very near election, wasn't it ? A. Yes; I Suppose so; I am in and out there every day. Q. Will you state what the nature of your business at his office was the day that you saw him there last before election ? A. I could not, particularly. Q. Will you swear it wasn't in relation to arranging for the election expenses ? A. Yes, sir; I will swear so. Q. Will you swear you didn't have any conversation with him on election at all, the last day you were at his office before election ? A. Geteral talk. Q. What was your general talk? A. I dpn't remember; what men would have in a general way. Q. Wasn't that the business you had at his office, to talk over about election ? A. No, sir. Q. The money which you had on election day you spent for legiti- mate purposes; didn't you? Mr. HiRscHBEBG. — Did he say he had any money ? Senator Ekdres. — Nothing said about money. Q. You had some money fpr election purposes ? A. No. sir. Q. Not a cent ? A. No, sir. Q. Didn't Mr. Odell hand you any money ? A. No, sir. Q. Or any body else for election purposes? A. No, sir. Q. For any other purpose on the day of election ? A. Well, no. Q. Did anybody on the day of election hand you any money for any purpose? A. I don't think they did, 43 338 Q. The day bfore election ? A. No, sir. Q. Will you swear they didn't ? A. I will. r Q. You will swear under oath that you had no money handed to you for any purpose on election day, will you positively ? A. I don't think there was any money passed over to me. Q. Will you state positively that you did not ? Mr. HiESCHBERG. — I objeot to that; Mr. GrAEDNER. — This witness is intelligent. Mr. HirsChbekg. — Yes; the witness is. Mr.' Gardner, — It seems his counsel — Mr. HiRsoHBBEG — He hasn't any counsel; all I object to is his asking whether anybody didn't give him any money. Mr. Gardner. — I insist this is not 1'air; here is a witness that we can prove had money that day. Mr. HiESCHBERG. — Why don't you prove it ? Mr. Gardner. — I will if you will let me alone on the examination of this witness. Q. I want to know whether you will state positively under your oath that you had no money on election day for any purpose from anybody ? Mr. HiRSOHBERG.- — I object to it as immaterial. The Witness: A. I had money of my own. Q. From whom did you get that money ? A. My own earnings. Q. Did you use any of it for election purposes ? A. No, sir. Q. Not one cent? A. No, sir; I don't know what you call election purposes-. By Senator Endres: ^ Q. Buying votes, etc. ? A. No, sir; I did not. By Mr. Gardner: Q. Paying watchers ? A. No, sir. Q. Paying for teams? A. No, sir; you have got the wrong man. , By Senator SIndres: Q. When you and Mr. Odell were together did voters pass by you to go to the polls ? A. No, sir. Q. When you were this short distance in front of the polling place did they have to pass by you ? A. The same entrance. Q, Did you solicit any votes? A. No, sir; there weren't any voters going in at that time. Q. Did you have any paster ballots in your pockets ? A. No, sir. Q. I heard you testify you met Mr. Odell in the office, and the I 339 remark was made about what the men would have on election day; what do you mean by that ? Mr. HiKSCHBEEG. — What men we would have on election day. , *By Mr. Hirschberg: Q. What men would be at work at the different polls ? A. Yes. By Mr. Washbuen: Q. Were you a Republican watcher at those polls ? A. Yes. Q. When you were outside were you acting as watcher with Mr. Odell ? A. I presume so. Q. Were you acting as watcher there? A. There wasn't anyone voting at the time we were out at the door. Q. Were you there acting in your capacity as a watcher ? A. Yes, sir. Q. Will you state to the committee the duties that you performed there, you and Mr. Odell together, as the watchers at that polls ? A. As far as I know my duty was to see that everything was carried on according to law, and as far as I understood it. Q. What were you doing as a watcher on the sidewalk ? A. There was a movement there; there were others there; other watchers that went back and forward in the room; moved around; moved out to the door. Q. Were there other Republican watchers ? A. Not but the two Republican watchers. Q. They were both on the sidewalk ? A. Two Democratic watchers, also. Q. You don't state what the duties of the watchers on the sidewalk were? A. I wasn't on the sidewalk; merely walking around there, seeing if there was anything wrong or not; I don't know as there was any duty nor there wasn't any work to do. By Senator Endrbs: Q. You were together only this once that you have reference to? A. Yes, sir. William MoBirmie, being duly sworn, testified as follows : By Mr. Hieschberg: Q. Where do you reside ? A. City of Newburgh. Q. You have lived there a great many years ? A. Over thirty years. Q. You recollect last fall's election? A. Yes, sir. Q. Were you at the polls of the third ward, first district ? A. Yes. Q. How long were you there? A. From the time the polls opened until they closed, with the exception of the hour I went to my dinner. 340 Q. Whatwere you doing there? A. I was there to help get out the vote. Q. The Eepublican vote ? A. Yes. Q. You were there as a worker for the Republican party ? A. Yes, sir. Q. Who else was there doing that same kind of work as you were on your side? A. I don't know as there was anyone; I think I was the only one. Q. Was Mr. Rydell there at all ? A. I don't know him. Q. Some testimony has been given here by a man by the name of Eaiser, to the, effect you were at work within 150 feet of the polls that day ; was that so ? A. No, sir ; there was no electioneering at that polls that day with me, because it was only to go after the votes. Q. All the electioneering you did do was to see who had voted, find out who hadn't voted and go after those who hadn't been there and bring them up ? A. That was my work. Q. In doing that work, did you go in the polling place from time to time, and inquire who had not voted 1 A. They give m6 the names. Q. Who gave you the names ? A. Joseph Snead and Joe Bogart. Q. Joseph Snead is the postmaster of the city of Newburgh, now ? A. Yes. Q. Wasn't at that time ? A. Wasn't at that time. Q. Mr. Bogart, what does he do? A. General work; I don't know really what he does do. Q. Did you do any electioneering there at all ? A. No, sir. Q. Solicit anybody ? A. The people came and voted and nobody said anything to them, so far as I saw. Q. That is, the general class of voters in that district? A. Yes; small vote there; they come and go; I didn't see anybody electioneering. Mr. Gardner. — That is all. By Senator Endres: Q. Did you haye any paster ballots? A. Yes; I had some in the morning. Q. Did you distribute any paster ballots.? A. I didn't distribute any paster ballots. Q. The mayor had notified the police about marking out the lines ? A. Yes, sir. Q. Were you inside of that line ? A. I was outside of it all day, going and coming. Q. You didn't solicit anybody inside of that line? A. Neither inside or outside. 341 Joseph Rydell, being dul^ sworn, testified as follows: By Mr. Hikschbekg: Q. Where do you live ? A. Newburgh. Q. Live there all your life ? A. Yes, sir. Q. Mr. Baiser said you electioneered within 150 feet of the third ward polls, third district, on election day, last fall ? A. He told a falsehood. Q. Did you do any electioneering there that day at all? A. No, sir. Q. Give pasters to anybody? A. No, sir. Q. Solicit their votes ? A. No, sir. Q. Or do any kind of worl»? A. No, sir. Q. Were you there during the day ? A. Yes. Q. State whai you were doing? A. In Lawson Hose company, No. 5, of which I have been a member for eighteen years ; a volunteer fire company. Q. That is the building next to the building in which the polling place was held ? A. Yes. Q. You were in there ? A. Yes. Q. Is it your practice to be in there ? A. Yes, sir. Q. Always ? A. Always when I am down town. , Q. Some evidence has been given by Mr. Eaiser, men went in there and came out agaia, did men go in and out of that engine house ? A. Members of the company; they are atout equally divided; part Republicans politically; so they can't do much one way or the other. Q. Did they do any electioneering on either side in there on that day ? A. No, sir. Q. Was there any machinery in there for electioneering ? A. No, sir. Q. Any table and tickets and pasters ? A. No, sir.\ Q. And money such as belongs to election ? A. No, sir. Q. Any party workers in there that you saw during the day? A. No, sir. Q. At any time ? A. No, sir. Q. As a matter of fact there were Democrats in there all day as weli as Republicans ? A. Yes. Q. As many of one as the other ? A. Yes. By Senator Endbes: Q. No paster ballots distributed in there 1 A. No, sir. Q. No person got in there except those that had a latch-key ? A. No, sir. 342 A. S. Wood, being duly sworu, testified as follows: By Mr. Hibsohberg: Q. Where do you reside? A. City of Newburgh, Q. How long have you lived there? A. Since 1868. Q. Wer^ you one of the inspectors of election last fall? A. I was; second district, third ward. Q. Who were the other inspectors? A. John H. Chapman and Harry M. Wareing; I think it is. Q. Two Republicans, Mr. Wareing, Eepublican, and Mr. Chapman, the Democratic ? A. Yes. Q. Who were the ballot clerks ? A. George D. Smith and Lewis N. Smith, jr. • Q. Who were the poll clerks ? A. Alexander Leslie and George K. Smith. Q. It is vCharged in this petition the ballot-box was opened by the inspectors in your district and the result affected ? A. The ballot- box was opened but the result wasn't affected. Q. State how it happened? A. When the polls opened, I, as chairman, received the voted tickets; Mr. Chapman, the Democratic inspector, received the tickets not voted, his box in front of him, and the voted box in front of me, and the stub box between us; and between half-past 8 and 9 o'clock Mr. Chapman had to go out tempo- rarily; was out about five mi,nutes; Mr. Belknap came, a set of tickets were given him; ^le went in his booth, came out and handed me a ticket and said, " I vote this ticket; " I tore the stub off and put the ballot in the box; he turned and handed me the other three and said, " these 1 do not vote," and I tore them up, and as I was tearing them one of the clerks spoke to me and it diverted my mind and I put the whole three tickets in the same box, and as I did I said, " Jim, I put all the ballots in the box; " he said, "I want my ballot to count, and I insist on its being counted ; " I says, " what shall I do ?" Just then Mr. Chapman came in, and he said, " open it, it is the only fair thing to do; " I says, "come up here;" I opened the box and the three tickets were sticking up. Q. Hadn't they gone through the slot ? A. Just in the slot; I tried to stop them, three tickets were sticking up there and I picked them out, one was Democratic, one Prohibitionist and one Socialistic; we closed it up and put those in the unvoted box; there was nobody voting between the time Mr. Belknap voted and the time the box was opened and put back again. Q. Was that done with the consent of the Democratic inspector ? 343 A. Yes, sir; with the consent of the full board; he said it was the only fair thing to do. Q. When the ballots were counted did they balance with the poll- sheet f A. Yes, sir. Q. The result, was it a normal or unnatural result? A. It was a normal result, about the usual Eepublican majority. Q. Of that district ? A. Yes. Mr. Gardner. — No questions, because that it is part of our case; we proved the same facts. Mr. HiRscHBERG. — You needn't apologize for not cross examining. By Senator Endres: ' Q. Were there many ballots in that box when you opened it ? A. I think there were about sixty, Q. You say the three — A. Stuck up just like that. Q. Were ihey in the slot of the cover ? A. They mig^t have been in the slot, but when I lifted them out they dropped; before I fairly got to them I knew they had made a mistake. Q. You admit you made a mistake ? A. Yes. Henry Wareing, being duly sworn, testified as follows: By Mr. Hirsohbekg: Q. Were you the othe* inspector of election referred to by Mr. Wood ? A. Yes. Mr. Gardner. — For the purpose of expediting this examination if you wish to prove by him what the other witness testified to we will admit it. Q. You corroborate the other statement in every respect? A. Yes, sir. ! James Belknap, being duly sworn, testified as follows: By Mr. Hirschberg: Q. Where do you reside ? A. Newburgh. Q. Are you a resident of the second district of the third ward ? A. Yes, sir. Q. Were you a resident and voter there last fall ? A. Yes, sir. Q. Did you hear the testimony of Mr. Wood ? A. Yes. Q. State whether or no,t you are the James Belknap referred to by him or not ? A. I am the man. Q. You recollect of receiving a set of ballots on election morning ? A. Yes. Q. About what time was it? A. About 9 o'clock. Q. Did you prepare one ballot to vote ? A. Yes. 344 Q. And the other three or four to be rejected ? A. Yes, sir. Q What was the political complexion of the ballot which you pre- pared to vote ? A. Republican straight. Q. State briefly what you did with the tickets ? A. I walked in there with the ticket I voted and give it to him and told him I voted that ticket; he put that in the box and I give him the others and he put them all in the box. Q. In the same box? A. Yes; I then told him I voted a straight Republican ticket and I wanted my ballot to count; that is all I said to him. Q. Did he say anything ? A. No; he didn't say anything; he said he made a mistake, that was all. Q. They all saw it ? A. Yes. Q. Did you remain there until the box was open ? A. No, sir; I went away. Q. You weren't there at all when Mr. Chapman came back ? A. No, sir. Mr. Gardner. — :No questions. By Senator Endres: Q. You don't know whether your vote did count ? A. No, sir. Mr. HiRSOHBEEG. — I subpoenaed Mr. Chapman but I have a doctor's certificate from him that he is unable to leave his house. In view of the fact it is not going to be denied what the board did, we will not need him. Mr. Gardner. — We will not deny it. Mr. Hirschberg. — I want to prove it by Mr. R , that the letter which Mr. Lamont publisjied in the Newburgh Sunday Telegram, of November 24, 1889, was furnished to that newspaper "by Mr. Lamont. Mr. Gardner. — We will admit he would swear to it but would object to it as being incompetent. The question is something that I think we could dispose of ' very summarily. He wants to prove that Mr. Lamont wrote a certain letter, and it was published long before this election in 1889, two years. I say that it is immaterial and nothing to do with the case. Senator Endres. — What is the object of it ? Mr. HiESOHBEBG. — The committee may rule the letter out, but they will have to rule it out when we ofifer it without proving it came from Mr. Lamont. It would have no bearing on the case unless it'was his act. Mr. Washbxjen. — We will admit l^r. Lamont wrote a letter to Mr. Ward, and it was published. Mr. HiKSCHBBEG. — I have a priuted copy of it which I will show you and if it differs in any respect from the other you can change it. Mr. Gardner. — Its being read is subject to being stricken off the record if it isn't material. Mr. HiRscHBEEG. — Certainly; if the committee deem it isn't material I am content they shall rule on it. Thei-e has been a great deal of evidence offered here on their side to show we have had money in those different districts, that we gave a hundred dollars in the Highland district, and seventy-five to one hundred in other districts, and altogether our state committeeman has distributed something like $5,000 in Orange, Sullivan and Eockland. We don't make any charge in this letter that Mr. Lamout used the money which he handled on the previous election for senator when Mr. Richardson ran before, improperly, but we claim this is a flat admission on his part, under his own hand and seal, that the amount of money we used is not an improper amount, and that he himself in the election before used a greater amount. He claims he didn't use money enough; that while he got from the Democratic State com- mittee more money than we had, he could have got more; but he (Lamont) wanted him to get money, and Mr. Ward wouldn't get it, and he thinks the voters have done just right in electing Mr. Richard- son and in defeating Mr. Ward; and we propose to follow that up by showing that there was a feeling engendered on the party of the county against him by reason of the publication of that letter, to which is attributable the falling off of his vote, and not to any corrupt performance or uses on our part. Mr. Washburn. — We object to the introduction of the letter in evi- dence on the ground it is immaterial. The following is a copy of the letter: AFTER-ELECTION MUSIC. Mr. Lamont Rampant. What he has to say about the fall canvass and Mr. Ward. [Prom the Newburgh Sunday Telegram, November 24, 1889.1 Turners, November 22, 1889. — Editor Telegram. — Allow me space in which to reply to the attack upon my honesty, published in your issue of the seventeenth instant, and I will give you a very full and detailed statement of my receipts and expenditures during the recent canvass, together with all the facts of my two or three days' connection with Mr. Ward's canvass, if such it could be called. Interested in the entire ticket, as I always have been and always expect to be, I gave two weeks of hard work to the canvass in this 44 346 county before hearing one word from Mr. Ward, except that the treasurer of our county committee advised me that Mr. Ward, of all the candidates, had refused to pay his assessment. I wrote in reply to the chairman of our State executive committee, " I shall do the best that I can with or without money;" as I did, not for Mr. Ward alone, but for the entire ticket. I was working for the party — not for a very small part of it. Since the close of the canvass my business, together with 'my duties as supervisor, have so fully occupied my time that I have not been as prompt in securing receipts and furnishing a statement as I desired to be. But a longer ,time had elapsed after the special election before I delivered to Mr. Ward a state- ment, accompanied by receipts, accounting for every dollar received from the State committee through Mr. Ward, and showing a deficiency of $250, which I made good by subscribing and paying that amount. Mr. Ward never even acknowledged the receipt of the statement, to say nothing of his failure to thank me for miy subscrip- tion and the many days and nights of hard work. He no doubt took oath in Albany he had not used a dollar directly or indirectly. I feel that I should not rest under the grave charge made by Mr. Ward and his friends even for another week, and I will therefore state a few facts in brief. I had no communication with Mr. Ward until Friday after the election, and I would not have communicated with him at all had not the State committee wired me requesting that I place myself in communication with him, and written him to the same effect. The committee had sent Mr. Ward funds to carry on the can- vass, and by letter requested that he confer with me. When I met Mr. Ward I found him complaining because the State committee hadn't sent him more than the five or six thousand dollars which he had received ; six, I think. At all events I went to New York that night, at his request,' and, notwithstanding that I had been up all Thursday night, working at the committee rooms in G-oshen, I returned to Newburgh at 2 o'clock on Saturday morning, so anxious was I to get matters in shape as soon as possible. Before leaving for New York Mr. Ward had said to me, positively, that he wanted me to distribute the funds through the county committee. Therefore I was somewhat taken back when he told me that a meeting had been held in his office, the amounts apportioned to the several towns, and the persons to whom it was to hh sent designated. And when I found that the organization was entirely ignored in making up the list, not- withstanding that, as Mr. Griffin, chairman of the State executive committee, said to me, that we had one of the best organizations in 347 the State, I rightly resented such treatment, and refused to have anything to do with the funds unless I could apportion and distribute thetn through the organization which had been working so hard to elect Ward in spite of his refusal to pay his assessment — in spite of himself. I was sustained in my position by all the gentlemen who were present, of whom there were several, and at about ten minutes before it was time for my train to leave Mr. Logan, at Mr. Ward's request, handed me a check for $2,600 of the State committee's money, Mr. Ward adding that that left a balance in his hands of over $2,300 of the money sent to him by the State committee, which he said he would use himself, as he didn't intend to use his own money. And when I render my detailed statement, I shall expect of Mr. Ward a like state- ment that the party may know where every dollar of the State committee's money went. Mr. Ward's list called for $2,850, and he said that I must care for another claim againt him, and reduce the amounts to be sent to the several towns accordingly, which I did, as in the town of Npw Windsor, where I sent Aymar Van Bnren $100 instead of $150, as on Mr. Ward's list, because I found that Mr. Ward had but sent seventy- five dollars there for the special election. A check for $500 received by me direct from the State committee, and for which I shall also account in my forthcoming statement, I desired to use in my own way, especially as Mr. Ward h'ad not paid his assessment and I did not think right for the other candidates to be obliged to pay for work done for him. But, to go back, I reached Goshen after 11 o'clock on Saturday morning, to find that I could not cash there, it being a half-holiday. It was useless to try elsewhere, I supposed, but I succeeded in getting $620 from Warwick, and through Mr. Edward G. Sweezey, of Goshen, telephoned Mr. Ward, asking if he could not secure the cash for me, as I knew that he was in a position to do, did he care to make the effort. He replied that it was too late. I then asked him if he could fix it if I went over the next day — Sunday — to which he replied that he could not go before 9 on Monday. I then made what money I could get go as far as it would, and telegraphed to all other towns, " Make all arrangements for teams and so forth. Come to-morrow." A messenger was in Newburgh early Monday morning, secured cash for the $2,600 check from Mr. Ward, and reached Goshen with it about 1 o'clock. In the meantime I had secured cash in Goshen for the $500 check, and made it go as far as possible. In the afternoon I distributed, by messenger and otherwise, the $2,600, leaving my own town until the last, so that it was midnight before I was through. 348 As to the town of Highlands, I telegraphed there two or three times, finally asking whether they would come or I should send. At last, about half-past 4, they wired " Send it," and Mr. Sweezey, going to the telephone, asked Mr. Ward if he would send it, and he replied sharply that he might if he had it there. I was thoroughly provoked and had nothing more to say to Mr. Ward, but sent messengers to the towns of Highlands and Newburgh, sending, in Highlands, to the gentlemen named by Mr. Ward $100, or twenty-five dollars more than Mr. Ward sent there last fall. I can't answer as to particular election districts, but I can say that in each and every town the money was given to an energetic, trustworthy Democrat of high standing — politically, socially and in most instances in a business way. Nearly all the towns in this county were fully up to our expectations, but the result in Mr. Ward's own home, Deerpark and Highlands, was a great disappointment to all. So far as the party is concerned, the interior of the county was crushed between the two ends. Is any evidence of double-dealing, on my part, to be found in the vote cast in this town — Monroe ? The Monroe district, where I worked, more than doubled Mr. Ward's majority; and in the Highland Mills district, notwithstanding a num- ber of Democratic electors had been set off to the town of Highlands since the spring election last spring, we polled more Deraocratic votes than ever before, while the result in the Southfields district was a very agreeable surprise to all, as notwithstanding the fact that Mr. Varnum, a wealthy gentleman and a candidate for Attorney-General on the Republican State ticket, was a resident of that district, it gave but twenty-three Republican majority. Point out to me, you reckless ingrates and would-be destroyers of character, another town in this or any other State that made such a showing, with a candidate on the opposite ticket within its borders ! But for that fact Monroe would have gone Democratic. Notwithstanding it gave a Republican majority of 183 last fall; this year it gave Richardson but twenty-two as against Ward. I ask the party in this county if this is not suffi- cient proof, if proof be necessary, that I was in this canvass, as I always have been, true to the party, and to Mr. Ward in particular. The county committee, or rather myself as its chairman, caused to be sent to a large majority of the voters of the county, a sketch of the candidates accompanied by a full set of tickets and cards showing the increase in taxation by reason of "Republican legislative extrava- gance." I also secured a pledge from a reliable man in each school district of the county, that he would visit the Democratic electors of his district and induce them to go to the polls and vote the entire ticket. In short, I worked tirelessly, and am paid in abuse by a candidate 349 beaten bj reason o? his self-conceit, which caused him to believe that the Hon. Peter Ward stood, so far above the ordinary man that he could defeat any other candidate " hands down," and when his secre- tary desired to write 1o the State committee that his (Mr. Ward's) election was doubtful, unless the committee sent him more money, Mr. Ward refused to sanction it, saying: "Lamont, I don't believe this man can beat me ! " As to my being a candidate for senator or any other office, there is no truth whatever in it. I would much prefer to remain in a posi- tion to act fearlessly. I very much regret that I should be obliged to publish such a detailed statement; but I know full well that no man of honesty and spirit would rest under such- charges. There is but one way to meet them, and that is by laying bare all the facts and figures as I propose to do. If it proves to be grist to the mill of our political opponents, and injurious to ourselves, then place the responsibility where it beloEge, with a candidate mortified at the evidence of his weakness, who, in chagrin, seeks to strike down the reputation of one of his most energetic aids in order that he may shift the odium of defeat. Peter Ward is, alone, responsible for the loss of the senatorial district, and bear in mind that he did not " put up " one dollar of his own money, refused to pay his assess- ment, and reserved $2,300 of the State Committee vfwney to use hvmself. Now that I know Peter Ward, I can but feel that the people of this senatorial district rendered a just and correct verdict on the fifth inst. Yours very truly, C. FRED LAMONT. John F. Bennett, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. Blooiningburgh, Sullivan county. Q. In the thirteenth senatorial district? A. Yes. Q. What town do you live in ? A. Town of Mamakating. Q. Where do you vote ? A. First district, Bloomingburgh. Q. How many districts in that town ? A. Three. Q. Where is the first ? A. Bloomingburgh. Q. The second? A. Wurtsboro; the third is also down toward Ulster county, at Phillipsport. Q. That where John Erwin lives ? A. Yes. Q. He is a Democrat and a worker ? A. Yes, sir. Q. He was sworn on a previous hearing ? A. I understood so. Q. Do you know Charles Norbury? A. Yes; he lives in our dis- trict. No. 1. 350 Q. What are his politics ? A. Democratic. Q. An ex-supervisor ? A. Yes, sir. Q. Prominent man ? A. Yes, sir. Q. And quite a worker ? A. Yes, 'sir. Q. "Was he present the last election had at your district ? A. Yes; he was clerk. Q. You were there when the ballots came in the morning ? A. Yes. Q. Where did they come from? A. Wurtsboro; from the town clerk's office. Q. How far is your district from the second district in Wurtsboro 1 A. Four miles. Q. What time did the ballots arrive there ? A. In good season in the morning; I think somewheres in the neighborhood of 7 o'clock. Q,. Who was present when the ballots arrived? A. The inspectors; Mr. Hornbeck, a Republican; Mr. Hultslander, a Republican; and Mr. Beekeir is a Democrat, and Squire Fitts, a Republican, and Norbury, a Democrat. Q. The gentlemen sworn on the other hearing ? A. Yes. Q. Who brought the ballots there ? A.I think it was a son of Ransom Bennett, the town clerk. Q. State what you discovered with reference to the ballots, if any- thing, when they came there? A. We had the sample ballots of district No. 3. Q. That is the Phillipaport district? A. Yes, sir; then we spoke it would take two hours to dhange them, and Mr. Norbury and Mr. Fitts each took some of those and looked over the official ballot, lifted them over as you would money if you were counting them ; I didn't have any in my hand, although I stood there. Q. What did you see ? A. I saw they belonged to our district; saw them settle down and went on using them; there were some people there that wanted to vote ; they were outside; some men that were going hunting. Q. All your official ballots were regular ballots ? A. Yes, sir. Q. And belonged to your election district ? A. Yes, sir. Q. Were so indorsed? A, Yes, sir; they found them correct. Q. And the sample ballots were the third district? A. Yes, sir. Mr. Gardner. — No questions. William Hantbn, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. Phillipsport, Sullivan county. Q. You voted there ? A, Yes, sir. 351 Q. In wh^lj. district ? A. Third district. Q. Of the town of Mamakating? A. Yes. Q. Did you notice your official ballot when you voted it ? A. I did. Q. Who gave it to you? A. John Bell. Q. He is one of the inspectors ? A. He is ballot clerk. Q. What did you notice on it ? A. Noticed third district. Q. Was it the third district ? A. Yes, sir. . Q. So indorsed? A. Yes, sir. Q. So printed on the ballot ? A. Yes, sir. Q. Was Mr. Erwih there that day ? A. Yes, sir. Q. Were the Democratic watchers there ? A. Yes, sir. Q. And Republican? A. Yes, sir. Q. Any question raised as to the regularity of the ballots that day ? A. No, sir. Q. Or at any other time since then? A. There has been here lately. Q. Here in this place ? A. Since^ihis has been started. Q. In the senate chamber? A. Yes, sir. Q. None was raised that day? A. No, sir. That is all. Gross-examination : By Mr. Gtaednee: ' Q. Did I understand you to say that you were a watcher, poll- clerk or inspector? A. No, sir. Q. Were you in and ardund the polls all day? A. No, sir. Q. You are not able to say whether there was any question raised during the day as to those ballots, are you. A. There wasn't during the day time, there wasn't when I was there. Q. You were not there all the time ? A. No, sir. Daniel Aenots, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live? A. Phillipsporf, town of Mamakating, Sullivan county. Q. What election district 1 A. Third district. Q. Did you vote there at the last election ? A. Yes, sir. Q. State whether or not when your ballot was handed you, you looked at it. Q. What did you find indorsed on you ballot ? A. Official ballot, poll, third district, town of Mamakating, November 3, Eichard Gildersleeve, county clerk. 352 Q. Was that printed on the ballot? A.. Yes, sir; Eichard Gilder- sleeve was written on. Q. The rest was printed on ? A. Yes, sir. Q. You are positive as to the third part of it ? A. Yes, sir. Q. Third district? A. Yes, sir. Q. Was there any question raised there as to the regularity of the ballots that day ? A. No, sir. Q. By any person ? A. No, sir. Q. What time did you leave there ? A. About three o'clock. Q. How long had you been there ? A. Prom eight o'clock until three. Q. What did you do there ? A. Watching John Erwin. Q. He was the Democratic worker ? A. Yes, sir. Q. Are you a Republican ? A. Yes. Q. Who was watching you? A. John Erwin, I guess. Q. There was no question raised at all by any person as to the regu- larity of the ballots ? A. No, sir. Q. Erwin didn't raise any such question ? A. No, sir. Q. Did you ever hear of it until the last meeting of the committee ? A. No, sir; I did not. Q. This district was investigated there, that is where Dr. Beakes lives, the member of Assembly ? A. Yes. Q. There was a contest there in reference to one ballot ? A. Yes, sir; one or two ballots. Q. You voted the Republican ticket ? A. Yes, sir. Q. And it was a Republican ballot that had this indorsement on ? A. I can't tell for that. Q. You voted the Republican ticket? A. Yes; the Republican ticket had this indorsement on. Q. The ticket you voted had this indorsement on ? A. Yes, sir. Cross-examination : By Mr. Gakdnee: Q, Had the polls been opened before you got there ? A. Yes, sir. Chaelbs G. Bennett, being duly sworn, testified as follows: By Mr. O'Nbil: Q. Where do you live ? A. Wurtsboro, Sullivan county. Q. Are you town clerk of the town of Mamakating ? A. Yes, sir. Q. You were such at the late election? A. Yes, sir. Q. Did you receive the ballots from the county clerk's office for the town of Mamakating ? A. Yes. V \ 353 Q. How many districtB hare you in that town ? A. Three districts. Q. Where are they located? A. No. 1 is at Bloomingburgh; No. 2 at Wurtsboro; 3 at Phillipsport. Q. You live at Wurtsboro ? A. Yes. Q. Did you send the ballots to the different districts that morning? A. Yes, sir. Q. By whom ? A. I sent to the first district my son, Charles G. Bennett, Jr., and to Phillipsport by Edgar Stanton; he lives at Wurtsboro; he is a Eepublican; the second district I took myself. Q. That is to your polling place ? A. Yes, sir. Q. What is there in reference to the ballots if there was any irregularity in the sample or oflSoial ballots ? A. Regularly indorsed for district number one, two and three. Q. Did you send the official ballots that were indorsed district No. 3 to Phillipsport ? A. Yes, sir. Q. Did you send the official ballots marked No. 1 to Blooming- burgh? A. Yes. Q. And retained the No. 2 in your own district? A. Yes; when my son came back, he said everything was all right, but I made one mistake; I asked him what it was, and he said — Mr. Gaedher. — That we object to as hearsay evidence. Mr. O'Neil. — We will have the son here to fill the gap if necessary. A. We couldn't both leave at the same time. Mr. O'Neil. — They are both telegraph operators. Mr. DiMMioK. — We withdraw the objection. Mr. HiESCHBEEG. — The son took the ballots to the first district; the committee understands he came back and reported. We will prove as a fact his report was correct. The Witness. — He said everything was right with the tickets, but I had made one mistake ; I asked him what it was. He said those colored sample ballots should have been sent to district No. 3, they were indorsed third district, and I said were the other tickets all right; were the official ballots the ones they were going to vote; he said they were. They looked them over; they first thought they would send them back, but they found everything all right except the sample ballots, and they thought it would make no difference, and they kept it. Mr. Gardner. — To all this evidence we object. Senator Endees. — I understood you allowed it to go in. Mr. HiRsoHBERO. — They regard it as hearsay evidence. Mr. Gaedneb.^ Take it for what it is worth. 45 354 Q. Tou did take the three districts and lay them aside, put them in three different packages ? A. I will state what I done in the morn- ing; the tickets and sample ballots, poll-list and card of instnictions came to me in one large bundle, and I receipted for them, and elec- tion morning I undone the bundle, and the official ballots for district No. 1 were tied up by themselves, and district No. 2 were tied up by themselves, and district No. 3 also; the poll-list and sample ballots, etc., were all packed in together, sample ballots had a strap around them so that the ends could be seen; I took the ballots for No. 1 of official ballots, and saw they were all right, indorsed for No. 1, and put them in a pile, and also with No. 2 and No. 3, and I took some cards of instruction and laid them with each pile, and took the sample ballot and laid with each pile, and I undoubtedly made a mistake with the sample ballot and laid them on No. 3 instead of No. 2. Q. Tou are sure the official ballots you sent to the third district were indorsed third district? A. Yes. Q. You heard of no irregularity in the ballots ? A. When my boy told me that — Q. You never heard of it afterward until this contest? A. No, sir. Q. Did you go to your district No. 2 to investigate ? A. Yes. . Q. What did you find ? A. I found the official ballots and sample ballots and everything all indorsed for the second district. Q. All right? A. Yes, sir. Q. You never heard any report from the third district, anything was irregular ? A. Not until recently; I didn't hear anything of it before. By Mr. Hikschberg : Q. Where did you get these ballots from ? A. The county clerk sent them to me by some man; I forget his name. Q. Came from the county clerk ? A. Yes. Q. Do you know where they were printed? A. I think he told me they were left in Liberty; I don't know that. By Mr. O'Neil : Q. You have been town clerk how long ? A. Thirty years. By Mr. Hiesohbebg: Q. There is only one Assemby district in Sullivan county ? A. That ig all. Q. Do you know there was a considerable contest before the board of canvassers in Sullivan county over the election of assemblyman? A; I understood so; I wasn't present. 355 Q. And especially with reference to your town? A. Yes, sir. Q. What was the difference ? A. One vote. Q. Either the Democrat or Republican was there elected by one vote ? A. Yes. Q. The votes and ballots of your town were the subject of consider- able scrutiny before the board of canvassers for a long while ? A. That is what I understood. Q. Eesulted in legal proceedings and appeal to the General Term ? A. I understood so. Q. During all that time was there any claim made there were any ballots wrong in the third district ? A. No, sir. Q. That they were wrongly indorsed? A. No, sir. Q. Or the first district ? A. No, sir. Gross-examination : By Mr. Gaedneb: Q. When those ballots came to you did they come sealed with the wrapper around them? A. They were in one large package and tied with heavy cord; I objected to receiving then;i because I didn't know they were in that package; he wouldn't deliver them to me until I did; so I signed a receipt for them and I found them as stated in the receipt. Q. Was that the usual way to deliver ballots ? A. I couldn't say. Q. You had an idea at the time that it wasn't, didn't you ? A. I dont know that I did. Q. Why did you object ? A. For the reason that the receijpt stated I received so many prohibition tickets, a certain number of Democratic, certain number of Labor and certain number of Eepublicans; I said I didn't know they were in the bundle, that many; I stated a specific number of each. Q. That was the objection which you had signing the receipt was because you didn't know whether you were signing for the num^ ber that was purported to be contained within? A. Yes. Q. When you opened the package you found four or five different packages, didn't you? A. Poun d three packages of official tickets. Q. And two of sample tickets ? A. I don't remember how many packages; there were several packages of sample tickets. Q. Around the packages of these official tickets or ballots was paper? A. Yes; heavy manilla paper. Q. Wrapped around them was twine ? A. Yes, sir. Q. Did you open tho^e packages ? A- I tiiink I did the morning of election. 356 Q. Did you before you gave them to distribute among these dis- tricts ? A. I opened the package and saw the ballots was there then I tied them up just the same. Q. Did you open each package ? A. Each package. Q. Did you count the tickets? A. No, sir; I did not. Q. How many tickets did you count? A. I didn't count any; I saw they were for the first district, the second district and the third district. Q. You saw the ones on top were indorsed for the proper district ? A. Yes, sir. Q. You didn't look any further, make any further examination ? A. No, sir. Q. You are not able to state whether the remaining tickets in the package were properly indorsed ? A. I couldn't say as to them. By Mr. O'Neil: Q. Only three packages of official ballots ; A. YeU. Q. They were indorsed first district, second district and third dis- trict? A. Yes; there were four smaller packages in each package; Prohibitionist, Democratic, Republican and Labor. Q. Were all the four parties indorsed there ? A. Yes, "sir. By Mr. Washburn: Q. Did you look at each one of the tickets for the third district ? A. I saw that each of the four smaller packages were indorsed for the first district, second district and third district; I think there was a strip around each package; I am certain there was; the indorsement was plainly visible, and on the strip was marked the number; I saw the number of tickets corresponded with the receipt I signed. Q. Did you examine each ticket in the package? A. I only examined the top ticket. By Mr. Hieschbekg: Q. ^he top Republican jbicket was indorsed there ? A. Yes, sir. William Hansen, recalled: By Mr. O'Neil: Q. That ballot you saw indorsed district No. 3 on, was the ballot which you voted ? A. Yes, sir. Q. That was a Republican ballot ? A. Yes, sir. By Mr. Gardner: Q. What time of day did you vote ? A. Between the hours of 11 and 12. 357 Q. What is your business ? A. Keeping grocery and farming. Q. Did you take any particular interest in the election that day ? A. I did not,. only to go and vote. Q. How are you able at this late day to state positively the number of indorsement on that ticket ? A. I voted the ticket and looking at the back. Q. When was your attention first drawn to the fact what number there was on the back of the ticket 1 A. The day I voted. Q. Who brought your attention to it ? A. I brought my attention, the new ballot law. Q. Did anybody bring your attention to it that day ? A. No, sir. Q. When was your attention first brought to it since election day ? A. This here contest. Q. Who brought your attention to it ? A. They begun the contest, brought my attention to it. Q. Who was the person asked you if you remembered it or not ? A. Nobody. Q. Your attention has not been drawn to the fact since election day until within a few days ? A. That is all. Q. You can state positively now the indorsement on that district was what ? A. Third district. Q. What district were you voting in ? A. Third district. By Mr. Hibschbekg: Q. It was a new law ? A. Yes, sir. Q. Did you notice it particularly on that account ? A. Yes, sir. Q. Different kind of ballots from any you had ever seen before A. Yes. By Mr. Gaednee: Q. You had voted the election before then ? A. Yes, sir. Q. Weren't there' the same kind of ballots as to indorsement; then it isn't true that is the first time you voted that ballot ? Mr. O'Nbil. — He said it was a new law. By Mr. Washbukn: Q. Did you vote last spring at town meeting ? A. Yes. Q. How was your ticket indorsed on that election, the same ? A, YeSj sir. By Mr. O'Neil: Q. Is it the fact the year before they used the unofficial ballots there do you know ? A. No, sir. 358 Q. Did you hate any discussion with Mr. Erwin there that day that called your attention specially to the number of the ballots ? A. I merely spoke to him as I walked through. Elmer Pitts, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live? A. Bloomingburgh, town of Mamakating, Sullivan county. Q. What district ? . A. First district. Q. Were you at the polls on last election day ? A. I was. Q. What were your duties there ? A. Poll clerk. Q. Do you remember when the ballots were brought over by young Mr. Bennett as testified to by his father ? A. I do. Q. What time did he get there in the morning ? A. I think nearly 8 o'clock; shortly before the polls opened. Q. Who was present when he came there ? A. The inspectors; Hornbeck, Eepublican; Mr. Hulslander, Eepublican; Beeker, Demo- cratic; Charles A. Norbury, ballot clerk, Democrat, and Alfred L. Clarke, the Republican ballot clerk, and myself and Mr. Billings, I think was the other poll clerk. Q. What was discovered with reference to the ballots when young Bennett brought them there ? A They went to open the ballots and I think the official ballots were all done up in a large paper making quite a bundle; I think they were all done up in fact in one large paper and when the large paper was open there were three smaller papers in there and they opened one of those and they found that that was for the third district; they were red, the sample ballots so called, I think some of them was sort of a yellowish cast; we opened two or three of those packages; some said, "That is a pretty fix; we won't have any ballots here to-day; it will take at least two hours to have these ballots changed;" some one said "we had better look at the other packages;" so they took the other packages out and looked at the official ballots, the whole of them; they were done up in four packages with a piece of paper around each package, said to be 600 in a package, and the ballot clerk signed a receipt. Q. Did you and Mr. Norbury inspect these ballots to see whether they were official ballots ? A. Yes. Q. Did you find them the official ballots of the first district. A. Tes. Q. So indorsed ? A. So indorsed. Q. For all the parties ? A. Yes, sir. 359 Q. Were there any unofficial ballots used there, or any ballots that, were not indorsed for that district 1 A. No, sir. Q. The only irre^ulajity or mistake was that the sample ballot from the third district had been put in with the official ballots and sent to that district ? A. They were in separate packages. Q. They had been sent to that district. A. Tes, sir. Q. That is all there was ? A. Yes. Q. You had the third district sample ballots ? A. Yes. Q. You had no official ballots from the third district. A. No, Sir. Q. You and Mr. Norbury, the Democrat, made a fair and thorough investigation to see whether your ballots were regular? A. Yes. Q. You found them regular and regularly indorsed in your dis- trict? A. Yes, sir. Q. There was a very rigid and critical contest made in your dis- trict ? A. Yes, sir. Q. With reference to the Member of Assembly ? A. Yes sir. Q. There was found in that district or that town one disputed bal- lot in the whole town ? A. I don't think the ballot was disputed at all. Q. Whether it was counted dr not? A. It was only disputed as to how it should be counted. Q. That was in reference to only one ballot ? A. Only one man on the ballot. Q. Was there ever any question raised as to the regularity of any votes or ballots in the third district, first district and second district of your town to your knowledge, except here at the last hearing ? A. I never heard of any. Q. Was there any charge made that the official ballots for the third district were irregular ? A. I never heard any. Q. You know your ofiicial ballots were all right? A. Oh, yes; I am quite satisfied of that. Gross-examination : By Mr. Gabdnek : Q. There may have been a hundred charges and yc*u not know it ? A. Yes. By Mr. O'Nbil : Q. Could there have been charges of fraud and irregularity in your town ? A. There might have been charges and I not hear of it. Q. I am speaking of public charges in the board of canvassers or before any party there ? A. I would have heard of that. 360 Q. The Democratic State committee had legal representatives at the board of canvassers ? A. I heard so. Q. What is your business ? A. I am justice of the peace. Q. Have been for a number of years ? Tes, sir ; Mr. Norbury and myself took the ballots in this shape and looked them over, each pack- age, to see if they were properly indorsed after this question of the sample ballots came up. Q. Mr. Norbury is an active Democratic worker ? A. Tes. Q. And ex-supervisor ? Tes, sir. Q. An intelligent, smart man? A. Tes; rather above the average Amos Van Etten, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. Port Jervis. Q. Tou are an attorney and counselor-at-law ? A. Tes. Q. Did you vote there at the last election ? A. I did. Q. Were you around the polls a great deal ? A. I was at the polls of three districts. Q. What three ? A. Sixth, seventh and eighth. Q. Were you around the polls where it is alleged Charles St. John was working? A. Tes, he votes in my district; I was there several times during the day; it was on my way back and forth and I was around the polls. Q. Did you see Boner there that day ? A. He is in the other dis- trict; the eighth district; I was over at that polling-place about noon. Q. How long were you there ? A. Perhaps half an hour. Q. During the noon hour 1 A. Tes, I think it was. Q. Saw nothing of Mr. Boner there at all ? A. I did not. Q, State whether or not the election, so far as you discovered, was carried on regularly and orderly ? A. It was, I might say, the first fair election, I thought, in those three districts that I had seen in a long time. Q. Anybody approach a voter and attempt to buy him ? A. I did not. Q. Did you see St. John ? A. Tes. Q. See him buying votes ? A. No, sir. Q. Soliciting votes ? A. When I was talking with him in the morn- ing he was in his printing ofiice. Q. Tou were around where he votes and where he works generally? A. Tes, sir. Q. If he had been doing anything irregular you would have seen 361 it and noticed it? A. Possibly; possibly might have been something done I didn't see. By Mr. Washbukn: Q. You say this came nearer to being a fair election than anything that had been held there in a long time? A. Yes. Q. How was the majority? A. I think the town of Deer Park was 275 to '300 Democratic; and I think Flower had 260 about; Lament had about 280. Q. What did Eichardson have there two years ago last fall ? A. I think Eichardson carried the town two years ago by quite a majority. Thbodokb Weiss, being duly sworn, testified as follows: By Mr. O'I^eil: Q. Where do you live ? A. Port Jervis. Q. What is your business ? A. I am now on the road as a sales- man. Q. What was your business during last election ? 'A. Saloon keeper at Port Jervis, in the ninth district on Jersey avenue. Q. That is where it was alleged some votes were bought by St. John ? A. So I read in the papers. Q. Do you know Charles St. John ? A. Yes. Q. Do you know O. P. Howell ? A. Yes, sir. Q. Did either St. John or Howell buy any votes in your place that day ?' A. Mr. St. John wasn't there at all. Q. Was Mr. Howell there? A. He was there for a second; came in to buy a cigar and walked out. Q. No votes bought there by any person ? No, sir. Q. You bought no votes ? A. No, sir. Q. You didn't work that day, did you? A. No, sir; I was tending bar. That is all. Mr. Gabdnee. — No questions. By Senator Endees: Q. Anything said in your place about buying votes ? A. No, sir. Q. No one spoken to about paying any money for the purchase of votes ? A. No, sir. By Mr. Washbuen: Q. What did you mean by saying that you didn't work that day ? A. I was tending bar. 46 362 Q. You were not to the polls? A. I was once or twice; I walked around. By Mr. Hibschbeeg: Q. There is a charge here that you bought a man named Dotter ? A. I did not. Q. Tou know such a man ? A. I do. Q. That you paid him two dollars and gave him a paster and told him to go and vote? A: I did not; he came in the morning early a little under the weather. Q. Under the influence of drink? A. Tes; and he asked me whether I wouldn't be kind enough to lend him a dollar which I had often done; he has always paid me; and I gave him a dollar which he has not paid me, and he is discharged from the road and I don't expect to get it. Q. You didn't give him a paster? A. No, sir. By Mr. O'Neil: Q. You saw no one else buying votes ? A. No, sir. By Mr. Gtakdner: Q. Was there a complaint made against you for buying votes? A. Yes; he wanted to see me in the justice's office, and I went there and nobody appeared against me and I was discharged. Q. On whose complaint ? A. Hank Dotter. Q. You occasionally work around the polls for the Republican party up there ? A. I am a Democrat. By Mr. O'Neil: Q. Dotter was drunk when ne made the charge against you ? A. Yes. ' Q. When he became sober did he retract what he said? A. Yes; and wouldn't appear; they tried hard to get him to appear, but he wouldn't do it; he said he was sorry; he was drunk and didn't know what he was doing. Q. You voted the Democratic ticket ? A. I voted a split ticket last time. Q. You generally vote a Democratic ticket ? A. Always. By Senator Endbes: Q. You saw Dotter in your place election morning? A. Yes; he was there three or four times drinking; he was there in the morning, and at noon, and in the afternoon. 363 Q. When did he ask you for this dollar ? A. In the forenoon. Q. The first time he was there or second time ? A. I think the second time. Q. Did you give him the dollar ? A. I loaned it to him. Q. Did you tell him it was a loan ? A. Yes, sir. Q. What did he say in reply to that ? A. He said as soon as he drawed his pay he would give it back. Q. Did he tell you he had voted ? A. I didn't ask him. Q. You said nothing to him about going to vote and give him a paster ballot ? A. I did not. Q. Nothing at all said about voting ? A. Nothing said about voting. Q. That this was to be for his vote ? A. No. Q. How long before election day did you loan him the money ? A. I should judge it was about three weeks previous. Q. Had he paid you that back ? A. Yes. y. He has not paid you this ? A. He hasn't got anything now to do; he ain't working. Q. You swear you purchased no voters there ? A. No, sir; I have not. By Mr. O'Neu,: Q. Can't pay because he has been discharged and lost his job? A. Yes, sir. ^ ' Q. You expect him to pay you some day ? A. If he is lucky. Mr. O'Neil. — I think that winds up our testimony for to-night. Senator Endbes. — How much more testimony do you expect to have V I ask this at the suggestion of the chairman to-day, who was called away, so he could regulate the next session of the committee, as we have the next week, the entire week, devoted to the Collins-Derby case; Monday, Tuesday, Wednesday and Thursday, three evenings, and Monday all day. Mr. O'Nbel. — So far as I am concerned, I think we could finish up with one hearing of three or four hours with that part; tha.t is, answering the iCharges alleged on the other side. Mr. HiBSOHBERG. — I think with our end of the county a good long session a d^y, we could get along with the witnesses there. They have given us a list of the election returns which they claim are irregular. If we have got to bring inspectors from all those districts to show how these trifling irregularities occurs, it will take a great many men on our side. We are having prepared by the county clerk an equally formidable list of irregularities of a kindred character in the other districts which gave a Democratic majority. It is the same in every return I have no doubt. 364 Mr. Washbuen. — We have examined every return. Mr. HiRSCHBEBG. — I have no doubt the democratic inspectors made the same mistakes. Senator Endres. — Can't you agree among yourselves when you will have the next session ? It can't possibly be the next week. Mr. HiEscHBERG. — When can you give us the following week ? Senator Endres. — I think Tuesday night. Mr. Countryman. — I suggest you had better adjourn it untU a week from Tuesday. Senator Endres. — It is the determination of the committee to dis- pose of these cases and get through with them as soon as possible because within a few weeks the evening sessions of the legislature of both houses will begin and we will have very little opportunity to take up and continue these cases without neglecting some of our official duties outside of. this. Mr. Gaednee. — We understood at the last session the chairman of the committee, Senator Roesch, to say to these gentlemen represent- ing the sitting member, who at that time strongly insisted upon a postponement to this late day, that they must be prepared to go on to-day and this evening, and also to go on to-morrow evening. Counsel disagreed on that proposition. I only wish to bring the attention of the committee to this from one salient fact as bearing on the question as to when the next hearing for this investigation will be had. We have had one postponement at their instigation. That was last Friday evening. They then said they were not prepared to go on with their evidence, notwithstanding that the committee on the prior session had said to them that they must be prepared to go on Friday evening last, in view of the fact that the contestant had noti- fied the committee we would close our case on Friday afternoon. After having closed our case and got through with it, then the sitting member applied for a postponement, saying that he did not wish to go on then. The committee said tbere had been one appointment in which they had been disappointed, not only that, but was occasioning delay in this investigation. It was set down for this evening. The evidence they have given thus far we are prepared to admit, with the exception of two or three witnesses, the very fact we have sworn to as it is a part of our case. That fact is a very saliept fact for the committee to take into consideration, as bearing upon the question that this application for delay is not made in the very best of faith as to their intentions; the intention which they expressed of producing evidence here in the future. We insist that if the committee can give us a hearing on either to-morrow night or 365 Saturday, in Newburgh, that there will be no possible reason why they can not close this case up. Senator Endbes. — They could not subpoena the witnesses in time. Mr. GrAKDNBK. — I only bring these lacts to the attention of the com- mittee if it is desired to close it up. Senator Bndres. — It wiU expedite the case. Mr. Gabdnee. — The witnesses can be subpoenaed for Saturday. I am assuming the committee can conveniently sit on Saturday. Senator Endebs. — I do not think we can this week. ' It is the inten- tion of this committee, and we decided upon that, and very delibe- rately, when Judge Hirschberg asked for a postponement, that we wanted to get through with all these cases, and we insisted they go on to-night, and that was last Friday afternoon. I can give you the assurance that this committee will fo'rce the sitting member to pro- duce his witnesses as fast as they can be produced. Mr. CouNTBTMAN. — It took them a month and a half to get out their case. Senator Endbes. — They have had a great many witnesses here. Their testimony was very short. Mr. Gabdneb. — With the exception of three or four, they have all sworn to nothing but what we would adrait. That is the kind of evidence they are applying here for delay. Senator Endbes. — The committee will set down this hearing a week from next Tuesday evening, and if there is any chance to give you a hearing before that time, the committee will notify you. The following is a certified copy of the proceedings of the board of county canvassers of Orange county, as referred to heretofore in the testimony. The board of county canvassers of the county of Orange, having met at the oflSce of the clerk of said county on the tenth day of Novem- ber, at 12 o'clock noon, on calling the roll the following answered: Thomas C. Brewster, supervisor - Bloomingrove. Nicholas Demerest, supervisor Chester. Charles Ketcham, supervisor Cornwall. Samuel D. Eoberson, supervisor ...:.. Crawford. Aaron V. D. Wallace, supervisor -Goshen. George A. Durland, supervisor Greenville. Stephen I. Webb, supervisor Hamptonburgh. Louis F. Goodsell, supei visor Highlands. C. Fred Lament, supervisor Monroe. Eichard S. Tuthill, supervisor Minisink. Dwight W. Berry, supervisor First ward, Middletown. 366 Charles J. Boyd, supervisor Second ward, Middletown. Charles L. Elwood, supervisor Fourth ward, Middletown. Irving H. Loughran, supervisor Montgomery. Oliver Lozier, supervisor Newburgh. John M. Wilson, supervisor Fii:st ward, Newburgh city. Charles L. Brown, supervisor Second ward, Newburgh city. John C. Adams, supervisor Third ward, Newburgh city. Hugh McKissock, supervisor Fourth ward, Newburgh city. Joseph K. Alexander, supervisor New Windsor. J. Spencer Ford, supervisor Tuxedo. Adam W. Beakes, supervisor Wallkill. George W. Sayer, supervisor Warwick. William H. Wood, supervisor Wawayanda. John A. Patterson, supervisor Woodbury. On motion of R. S. Tuthill, Samuel D. Koberson was chosen chairman. The constitutional oath was then administered by the clerk to the chairman. The chairman then administered the constitutional oath to the mem- bers of the board. The returns filed with the clerk of the county were then presented to the board. The board then adjourned to meet at the rooms of the board of supervisors at 1.30 o'clock p. m. , The board met pursuant to adjournment, all the members being present except Messrs. Adams,. Hawkins, Tuthill and Wallace. It was moved and carried that a committee be appointed to examine the returns, Mr. Vaninwegen and Mr. Iseman appeared and were duly sworn. i The chair appointed as a committee to examine the returns Messrs. Van Inwegen, Boyd, Ketchum, Brown, Webb, Patterson, Wood and Loughran. Mr. C. F. Van Inwegen appeared with certain returns in which the number of ballots attached did not agree with the number of votes cast, and moved that they be C9.nvassed. Mr. Laraont moved that the question of their regularity be sub- mitted to a committee of two, to whoin were to take legal advice, and protested against the returns being canvaiSsed. Which motion was lost by the following vote: Ayes. — Messrs. Berfy, Demarest, Elwood, Lamont and Lozier. Noes. — Messrs. Alexander, Beakes, Boyd, Brewster, Brown, Durland, 367 Ford, Goodsell, Iseman, Ketchain, Loughran, McKissock, Patterson, Van Inwegen, Webb, Wilson and Wood. Absent and not voting. — Messrs. Adams, Hawkins, Sayer, Tuthill and Wallace. Mr. Sayer moved that all returns not regular be returned' to the inspectors of* election of the respective districts to which they belonged. Which motion was carried by the following vote : Ayes. — Messrs. Beakes, Berry, Demarest, Elwood, Ketcham, Lamont, Lozier, McKissock, Patterson, Saiyer, Van Inwegen, Webb, Wilson and Wood. Noes. — Messrs. Boyd, Brown, Durland, Ford, Goodsell, Iseman and Loughran. Absent and not voting. — Messrs. Adams, Brewster, Hawkins and Tuthill. ■ The following returns were received and ordered canvassed: Green- ville; Chester, first; Chester, second; Newburgh, third district, third ward; Cornwall, second, third and fourth, Warwick; Montgomery, first; Bloomingrove, second; Goshen, first; Warwick, second; Chester, third; Warwick, third; first and second. Highlands; Crawford, first; Wallkill, second; Wawayanda, first; Minisink; Tuxedo; Deerpark, second; Deerpark, third; first district, second ward, Middletown; fourth district, town of Newburgh; second district, town of New- burgh; third district, second ward, Newburgh; Deerpark, fifth;' second district, second ward, Middletown; Deerpark, fourth; Deer- park, seventh; Deerpark, sixth; Monroe, first; first, second and third districts, first ward, Middletown; Deerpark, ninih; Cornwall, third; Montgomery, fourth; Montgomery,, second; third district, fourth ward, Middletown. l^oard adjourned until to-morrow at 11 o'clock. November 11, 1891. Board met. All present except Messrs. Adams, Brewster, Brown, Lamont, McKissock, Sayer, Tuthill and Wilson. Mr. Hawkins appeared and was sworn. Mr. Van Inwegen moved that the vote for Thomas Merritt, superin- tendent of poor of first district, Wallkill, be canvassed at 106. Carried. Mr. Lamont protested against canvassing returns in which the num- ber of ballots attached to return did not agree with the vote. Moved by Mr. Vaninwegen, that the board proceed to canvass from returns presented by supervisor to board of canvassers. Carried. 368 Mr. Vaninwegen moved that the preceding resolution be recon- sidered. Carried. Mr. Wood moved that the board proceed to canvass votes from returns in their hands. Carried. Recess until 1 o'clock. One p. M., roll called. All present except Adams, Boyd, Demarest, Durland, Elwood, Loughran, Tuthill, Vaninwegen, Wood. Mr. Sayer moved that the returns from the third district, Cornwall, be returned for correction. Carried. The following returns were reported correct and ordered can- vassed: Wallkill, first; seventh district, first ward, Newburgh; first district, first ward, Newburgh; fifth district, first ward, Newburgh; first district, fourth ward, Newburgh; third district, Wallkill. Eecess for fifteen nainutes. The board came to order. The returns from the sixth district of the second ward of New- burgh; second district, fourth ward of Newburgh; third district, Montgomery, and second district of Wawayanda, reported correct and ordered canvassed. The third district of Goshen reported that the ballots did not agree with the number of votes. Statement laid on the table. District No. 1, Goshen, statement did not agree as to ballots attached with the number of votes, but the statement filed with the county clerk was correct. Ordered canvassed. District No. 4, Goshen, was returned for correction. District No. 2, Goshen, statement of ballots defective returned for correction. Statement for the District No. 2, fourth ward of Middletown, re- turned for correction. District No. 6 for the first ward of the city of Newburgh was reported correct except one ballot attached, and was ordered canvassed. District No. 1, Warwick, ordered canvassed. District No. 3 of the town of New Windsor reported correct except that no ballots were attached, but the returns in the clerks office were correct. Moved that it be returned for correcbion, and motion lost by the following vote: Ayes. — Alexander, Beakes, Berry, Boyd, Brewster, Brown, Darland, Ford, Iseman, Loughhran, Patterson, Wilson. Noes. — Hawkins, Ketcham, Lamont, Lozier, McKissook, Sayer, Van- inwegen, Webb and Wood. 369 Moved, that the return be canvassed, and carried by the following vote: Ayes — Alexander, Beakes, Berry, Boyd, Brewster, Brown, Durland, Ford, Iseman, Loughran, Patterson, Wilson. Noes. — Elwood, Hawkins, Ketcham, Lament, Lozier, McKissock, Sayer, Vaninwegen, Webb and Wood, The returns from third district Bloomingrove were found incor- rect and were ordered to be returned by the following vote: Ayes. — Demarest, Durland, Elwood, Ford, Hawkins, Ketcham, Lamont, Lozier, McKissock, Sayer, Vaninwegen, Wallace. Noes. — Alexander, Beakes, Berry, Brewster, Brown, Iseman, Loughran, Patterson, Wilson. I , Bloomingrove, No. 1, order to be canvassed by the following vote: Ayes. — Alexander, Beakes, Berry, Boyd, Brewster, Brown, Durland, Ford, Iseman, Hawkins, Loughran, Patterson, Vaninwegen, Wilson. Noes. — Demarest, Elwood, Ketcham, I^amont, , Lozier, McKissock, Sayer, Wallace and Wood. Eighth district of the town of Deerpark reported .correct, except in the ballots attached, and was ordered canvass by the following vote: Ayes. — Beakes, Berry, Boyd, Brewster, Brown, Durland, Ford, Haw- kins, Iseman, Loughran, McKissock, Patterson,' Wilson. Noes. — Demarest, Elwood, Ketcham, Lamont, Lozier, Sayer, Webb and Wood. The returns from the town of Hamptonburgh, being found incor- rect, were ordered returned. District No. 1, of the third ward of Middletown, being found incor- rect, were returned for correction. District No. 10, of the town of Deerpark, was reported, statement of ballots less than votes, was ordered canvassed by the following vote: Ayes. — Alexander, Beakes, Berry, Boyd, Brewster, Brown, Durland, Ford, Hawkins, Iseman, Loughran, McKissock, Patterson, Wilson. Noes. — Demarest, Elwood, Ketcham, Lament, Lozier, Sayer. The returns from the second district of the fourth ward of New- burgh were reported, ballots do not agree with votes. It was moved that they be returned, which was lost by the following vote : Ayes. — Demarest, Elwood, Hawkins, Ketcham, Lamontj Lozier, Sayer, Van- inwegen, Webb, Wood. Noes. — Beakes, Berry, Brewster, Brown, Durland, Ford, Iseman, Loughran, McKissock, Patterson, Wilson. It was then moved that the same be canvassed, which was carried by the following vote: Ayes. — Alexander, Beakes, Berry, Boyd, Brewster, Brown, Durland, Ford, Iseman, Loughran, McKissock, Patterson, Wilson. Noes. — Demerest, Durland, Hawkins, Ketcham, Lamont, Lozier, Sayer, Vaninwegen, Webb, Wood. 47 370 The first district of the fourth ward of the city of Middletown was reported more votes than ballots and was ordered canTassed by the following votes: Ayes. — Alexander, Beakes, Berry, Boyd, Brewster, Brown, Elwood, Ford, Iseman, McKissock, Patterson, Sayer, Wilson. Noes.— Demarest, Durland, Ketcham, Lamont, Loughran, Wilson. The returns from the town of Woodbury were returned for correction. First district of the town of Newburgh returned for correction. Fourth district of the fourth ward of the city of Newburgh returned for correction. District No. 3 of the town of Newburgh returned for correction. Third district of the first ward of the city of Newburgh returned for correction. First district of the third ward returned for correction. Fifth district of the second ward of the city of Newburgh returned for correction. District No. 4 of the first ward of the city of Newburgh was reported correct except as to the ballots attached. It was ordered canvassed by the following vote: Ayes. — Alexander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Iseman, Loughran, McKissock, Pat- terson, Vaninwegen, Wilson. Noes. — Demarest, Elwood, Hawkins, Ketcham, Lamont, Lozier, Sayer, Wallace, Webb, Wood. District No. 2 of the third ward of the city of Newburgh was reported, statement of ballots less than votes. Ordered canvassed by the following'vqte: Ayes. — Beakes, Berry, Boyd, Brewster, Brown, Durland, Ford, Iseman, Loughran, Patterson, Vaninwegen, Wilson. Noes. — Demarest, Elwood, Hawkins, Ketcham, Lozier, McKissock, Sayer, Webb, Wood. Fourth district of the fourth ward of the city of Newburgh ordered canvassed. New Windsor No. 2 ordered canvassed. Third district of the fourth ward in the city of Middletown reported correct and ordered canvassed. One district in the third ward, Middletown, returned for correction. Bloomingrove third, returned for correction. First district of the fourth ward, Middletown, returned for correction. First district of the second ward, Newburgh, reported correct and ordered canvassed. Second district of the town of Crawford, reported correct and ordered canvassed. First district of the town of Cornwall, received. First district of the third ward of the city of Middletown, returned for correction. 371 The tenth district of the town of Deerpark, reported correct and ordered canvassed. The third district of the town of Newburgh, returned for correction. The returns from the town of Mount Hope were returned for correction. Mr. Lamont renewed his protest against canvassing returns in which the ballots attached did not agree with the votes cast. District No. 2 of the third ward of the city of Middletown, was reported correct and ordered daavassed. The returns of the fourth district of the fourth ward of Newburgh were returned. Reports from the second district of the the town of New Windsor received. Eeturns from sixth district of the second ward of Newburgh returned. Moproe second, returned for correction. Adjourned until to-morrow at 2 p. m. o'clock. Thubbday, November 12, 1891. ■/ At 2 p. M. roll called; all present but Adams, Alexander, Berry, Ford", Iseman, Loughran, Lozier, McKissock, Webb, Durland. The committee on return presented several return^ and it was moved that they be passed on separately. Carried. The returns of the town of Woodbury were taken up, Mr. Goodsell moved that the returns of the town of Woodbury be canvassed. Mr. Lamont moved as an amendment that they be rejected and entered protest, Mr. Sayer for himself and Mr. Elwood for Mr. George T. Walker, and Mr. Wood on behalf of Mr. Comfort, also protested against canvassing the vote. The motion of Mr. Lamont was lost by the following vote: Noes. — Alexander, Beakes, Boyd, Brewster; Brown, Goodsell, Hawkins, Ketcham, Patterson, Tuthill, Webb, Wilson. Ayes. — Demarest, Durland, Elwood, Lamont, Sayer, Vanin- wegen, Wallace, Wood. ' Mr. Ketcham moved that the returns from the town of Woodbury be laid on the table. Carried. The returns from district No. 3, of the first ward of Newburgh, were presented to the board and were ordered to be returned for correc- tion, which motion was lost by the following vote : Noes. — Alexander, Beakes, Boyd, Brewster, Brown, Durland, Goodsell, Hawkins, Patter- son, Wilson. Ayes. — Demarest, Elwood, Ketcham, Lamont, Sayer, Tuthill, Vaninwegen, Webb, Wood. 372 After some discussion the super-visor of the ward stated that he would return with the statement for correction. It was moved and carried that the return be sent back. The returns from the second, district, of the fourth ward of the city of Middle town, were returned to the board and on motion of Mr. Goodsell were ordered to be canvassed by the following vote: Ayes. — Alexander, Beakes, Boyd, Brewster, Brown, Durland, Elwood, Good- sell, Hawkins, Ketcham, Patterson, Tuthill, Vaninwegen, Wallace, Webb, Wilson. Noes. — Demarest. Fourth district, of the town of Goshen, was presented to the board. Mr. Lamont moved that it be rejected. Mr. Goodsell moved, as an amendment, that it be laid on the table. Carried. Third district, of the town of Goshen, was presented. Moved that it be sent back for correction. Carried. Bloomingrove, third district, was presented. Mr. Lamont moved that it be returned for correction. Mr. Goodsell, moved, as an amendment, that it be canvassed, which was lost, by the following vote: Ayes. — Alexander, Beakes, Boyd, Brewster, Brown, Demarest, Goodsell. Noes. — ^.Durland, Elwood, Hawkins, Ketcham, Lamont, Sayer, Tuthill, Vaninwegen, Webb, Wood. Mr. Lamont, Mr. Elwood, Mr. Sayer, Mr. Wood again entered protest against the canvassing of the returns of said district. It was then on motion carried that the statement be returned. Sixth district, of the second ward of Newburgh, was again returned for correction. The returns from the third district, of the first ward of Newburgh, were then presented. Moved that they be returned for correction. Motion lost. The motion was then reconsidered and the returns were then sent back for correction. The third district, of the town of Cornwall, was then presented, and were reiurned for correction by the following vote: Ayes. — Alexander, Beakes, Brewster, Brown, Elwood, Goodsell, Lamont, Patterson, Sayer, Wallace, Webb, Wilson, Wood. No opposition. Mr. Goodsell moved that the returns from the town of Woodbury be taken from the table. Mr. Lamont raised the point of order that the returns were laid on the table until full meeting of the board, and the chair so decided. Board adjourned until to-morrow at II o'clock. 373 At an adjourned meeting of the board of canvassers of the county of Orange, held at the. supervisor's room, in the village of Goshen, in the county of Orange, on the 13th day of November, 1891. The meeting was called to order by Chairman Roberson. The roll was called by Clerk Elliott, and all the supervisors answered to their names, except Ford, Loughran, Ketcham and Vaninwegen. The chair stated that if there were any returns that were sent back for correction, they should be hatded to the committee. So done. » On motion of Mr. Lamont, an adjournment was taken till 1.30 p. m. Board met pursuant to adjournment, and was called to order by the Chairman. On the roll being called by the clerk, all answered to their names. All the members of the board were present, except Mr. Ford. Mr. Elwood. — I move that the action taken previously by the board of canvassers, in regard to the second district of the third ward of the city of Newburgh, the first and second districts of the second , ward, the second district of the first ward, the fifth district of the first ward, and the seventh district of the first ward, be reconsidered. Carried by the following vote: Ayes. — Demarest, Durland, Elwood, Eetcham, Lamont, Lozier, McEissock, Sayer,, Tuthill, Vaninwegen, Wallace, Webb, Wood, and the Chair; fourteen ayes. Noes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Goodsell, Hawkins, Iseman, Loughran, Patterson and Wilson; thirteen noes. Mr. Ford absent. Mr. Adams then offered the following resolution: I move that all districts that have been canvassed, that cast a Democratic majority, be reconsidered. Carried by the following vote : Ayes. — Adam^, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Goodsell, Iseman, Hawkins, Loughran, Patterson, Tuthill, Wilson, fourteen ayes. Noes. — Demarest, Dur- land,' Elwood, Ketcham, Lamont, Lozier, McEissock, Sayer, Van- inwegen, Wallace, Webb, Wood and the Chair, twelve votes. Mr. Ford absent. Mr. Ketcham offered the following resolution : I move that all other Bepublican districts that have not been reconsidered, be reconsidered also. Carried by the following vote, twenty-five ayes, one no : Ayes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Demarest, Durland, EUwood, Goodsell, Hawkins, Iseman, Ketcham, Lamont, 374 Loughran, Lozier, McKissock, Patterson, Sayer, Tuthill, Wallace, Webb, Wilson, Wood and the Chair, twenty- five! ayes. Noes. — Van- iUwegen, one. Mr. Ford absent. Mr. Adams offered the following resolution: I move that the committee of the board of canvassers do now pro- ceed to canvass the votes of Orange county. Mr. Lament made the following amendent : I move as an amendment that the Chair appoint a committee of four, two from each party here in the house, to receive such evidence as may be submitted to them concerning the irregularities of the returns from the city of Newburgh. Mr. Adams raised the point of order that neither the committee nor the board of canvassers had any right to go into such investigation, and requested the Chair to decide thereupon; the Chair decided against Mr. Adams. Mr. Lamont then withdrew his amendment, and the original motion of Mr. Adams was put and carried unanimously. Mr. Adams then moved that a recess be taken till 3.30 p. m. Lost. Mr. Wood asks that he be permitted to resign as a member of the canvass committee; there being no objection his resignation was accepted and the Chai.- appointed Mr. Durland in his place. Mr. Adams desired that the members of the canvass committee and the board of canvassers be called together for a few moments to see if they could not get out of this difficulty; that he had a proposition to state which would settle the whole matter. There being no objection it was so ordered. Mr. Adams then addressed the board at length in reference to his proposition. The committee of canvassers here passed up to the Chair some returns that had been reconsidered by them, and the Chair read as follows : First ward, city of Newburgh, " Writing on ballots defective, not on statement and ticket, but ticket only." Mr. Lamont. — In consequence of an agreement between Mr. Adams and myself, I move that these affidavits be read and placed on file. Carried; no objection. The affidavits were then read by the clerk, and are as follows: Orange County, ss. ; Samuel E. Dimmick, being duly sworn, says: That he resides in the city of Newburgh. Orange county, aforesaid, and was an elector of said city at the last election held there; that he is informed and believes the same to be true that at said election there was gross -375 irregularities committed by ilie inspectors of election, as well as by the voters. Deponent further says that he charges that in the second district in the third ward after the polls had been opened and ballots had been received and deposited in the box provided for that purpose and before the polls had been closed, the inspectors of said district opened said box and removed ballots therefrom; that deponent's source of information is derived from a qonversation with Stanley Wood, one of the Republican inspectors of said poll; deponent further says that in the seventh district of the firgt ward, while said board was sitting as a board of registry, the Democratic inspector was absent two days of registration, and no one was appointed in his place or stead, and that during his absence persons were registered who were not entitled to register, and that upon said election day said persons voted ; that said district includes the alms-house of the city and town of Ne^burgh, and that almost every inmate of said alms-house, irrespective, of where his residence was, voted at said election at said poll; that at said election the inspectors allowed the official ballots to be taken by the voter outside of the guard-rail and exhibited to party watchers before voting; that the truth of the above charges can be proven by the testimony of Frank Dickson, Democratic inspector, Fred Herman, Repubjican worker, or any other elector who was around said poll on election day. Deponent further says that at the second district of the first ward, at one of the registration days, the Democratic inspector was absent, and no one was appointed in his place; that during his absence persons not entitled to "register were allowed to do so without personally pearing before said board of registry, that the above charges can be proven by the Republican inspectors of said district, and Roundsman Hanner of the police force of the city of Newburgh. Deponent further says that in the first and second districts of the second ward and in the fifth district of the first ward, and in several other districts in said city of Newburgh, persons other than inspectors of election were allowed to count the ballots cast at the last election and exercise the duties of inspectors. Deponent further says that in almost every district in said city after the votes were canvassed they burned the ballots contrary to the law. S. E. DIMMICK. Sworn to before me this 13th } day of November, 1891. ) JuDSON A. Hoar, Notary Public, Orange County. 876 Obange County, ss.: G. C. F. Deisseroth, being duly sworn, says that he resides in the fifth district of the first ward of the city of Newburgh, in Orange county and state of New York. That he was present and voted at the poll held in said district on the third day of November, last; that the board of inspectors at said poll was composed of William White and Eugene Farrington, pepublican, and John McQuistan, Democrat; that after the vote had been cast at said poll and the same was commenced to be counted, the said John McQuistan passed the ballots to one James Taylor, who resides in the town of Newburgh, to count the same and the said James Taylor did take said ballots handed to him by said McQuistan and counted the same. Deponent further says, that he did not see the said McQuistan count any ballots and does not believe that he counted any from the condition he was in. G. C. F. DEISSEEOTH. Sworn to before me this 12th \ day of November, 1891. ) James G. Dunpht, Notary Public Orange County. Mr. Adams moved that the vote be canvassed. Messrs. Lamont, Elwood and Sayer protest, basing their protest upon the affidavits read. Motion to canvass carried. First ward of the city of Newburgh, election district No. 2, reported correct except the coroner's vote should be doubled and one vote short. Motion made that it be canvassed; carried; same protest. First ward, city of Newburgh, election district No. 4, ballots do not account for full number of votes. Motion made that it be canvassed; carried; same protest. First ward, city of Newburgh, election district No. 5, reported all right. Motion made that it be canvassed; carried. First ward, of the city of Newburgh, election district No. 6, reported correct except the number of ballots lacked one ballot. Motion made that it be canvassed; carried; Lamont protests. First ward, city of Newburgh, election district No. 7, reported cor- rect, except the word blank is put on several times and also the statement the ballots do not appear both on the ballots and the sheet to which it is attached. 377 It is partly on the ballot and partly on the paper. Mr. Adams moved that it be canvassed; Mr. Sayer and Lamont protest; Mr. Adams then moved that the supervisor be required to take it back to the inspectors and have it corrected; carried. First ward, city of Newburgh, the first one acted upon this after- noon, that was reconsidered this afternoon. First ward, district No. 1, was taken up again and motion made to reconsider it; carried. Mr. Adams moved that it be handed to the supervisor for correc- tion; carried. Second ward, city of Newburgh, election district No. 1, incorrect as to number of ballots; there are not as many tickets on as votes counted. Mr. Adams moved that It be canvassed; Mr. Lamont protests; Mr. Vaninwegen moved as an amendment that it be sent back for cor- rection; carried by the following vote: Fifteen ayes, twelve noes. Ayes. — Demarfest, Durland, Elwood, Hawkins, Ketcham, Lozier, McKissock, Patterson, Sayer, Tuthill, Van- inwegen, Wallace, Webb and the Chair; fifteen Noes. — Adams, Alex- ander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Goodsell, Iseman, Loughran and Wilson; twelve. Mr. Wood absent. Second ward, city of Newburgh, election district No. 2, incorrect as to number of ballots; one ballot too many. Motion made that it be canvassed; carried. Second ward, city of Newburgh, election district No. 3, short number of ballots; no Prohibition or Labor tickets attached. Mr. Loughran moved that it be returned for correction ; Mr. Adams" moved; as an amendment, that it be canvassed as it is impossible to get the tickets; Mr. Lamont protests. Lost by the following vote: thirteen ayes, fourteen noes. Ayes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Goodsell, Hawkins, Iseman, Patterson, Wilson; thirteen ayes. Noes. — Denfarest, Durland, El- wood, Ketcham, Lamont, Loughran, Lozier, McKissock, Sayer, Tut- hill, Vaninwegen, Wallace, Webb and Wood; fourteen noes. • The Chair not voting. The original motion, that it be returned for correction, was then put and carried by the following vote: fifteen ayes and seven noes. -Ayes. — Demarest, Durland, Elwood, Hawkins, Ketcham, Lamont, Loughran, Lozier, McKissock, Sayer, Tuthill, Vaninwegen, Wallace, Webb and Wood; fifteen. Noes. — Berry, Brewster, Ford, Goodsell, Iseman, Patterson and Wilson; seven. 48 378 The Chair not voting, and Adams, Alexander, Beakes and Brown not voting. Second ward, city of Newburgh, election district No. 4. Ballots more than the votes — twenty more. Mr. Keteham moved that it be returned for correction; Mr. Adams moved, as an amendment, that it be canvassed; Messrs. Lamont, Sayer and El wood protest. " Carried by the following vote: fifteen ayes, eleven noes. Ayes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Durland, Ford, Goodsell, Hawkins, Iseman, Lough- ran, Patterson and Wilson; fifteen. Noes. — Demarest, Keteham, La- mont, Lozier, McKissock, Sayer, Tuthill, Vaninwegen, Wallace, Wood and the Chair; eleven. Absent, Elwood and Webb. Second ward, city of Newburgh, election district No. 5, marked O.K. Motion made that it be canvassed; carried. Second ward, city of Newburgh, sixth district. Coroner's vote should be doubled and the word blank is omitted. Mr. Loughran moved that it be returned for correction; Mr. Adams moved, as an amendment, that it be canvassed; same protest. Car- ried by the following vote: sixteen ayes and nine noes. Ayes. — Adams, Alexander,. Beakes, Berry, Boyd, Brown, Ford, Goodsell, Iseman, Keteham, Loughran, Patterson, Tuthill, Wallace and Wilson; sixteen. Noes. — Demarest, Durland, Hawkins, Lozier, McKissock, Sayer, Wood, Lamont and Vaninwegen ; nine. Webb and Elwood absent. Third ward, city of Newburgh, election district No. 2. Whole number of votes for Governor not entirely written out. The statement of ballots runs short of the vote. Mr. Sayer moves that it be returned for correction. Mr. Adams moved as an amendment that it be canvassed; same protest by Mr. Lamont; carried by the following vote: Fourteen ayes, thirteen noes. Ayes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Goodsell, Iseman, Loughran, Patterson, Tuthill and Wilson, fourteen. Noes. — Demarest, Durland, Hawkins, Keteham, Lamont, Lozier, McKissock, Sayer,' Vaninwegen, Wallace, Webb, Wood and the Chair, thirteen noes; Mr. EUwood absent. Third ward, city of Newburgh, election district No. 1, reported correct; motion made that it be canvassed; carried. Third ward, city of Newburgh, election district No. 1, the statement that there were forty-nine split ballots cast; the ballots equal the vote. Motion made that it be canvassed. Carried. 379 Fourth ward, city of Newb.urgh, election district No. 1, votes and ballots agree ; the statement of the inspectors show that there were fifty-one split ballots. Mr. Adams moved> that it be canvassed; Mr, Lamont protests. Carried . Fourth ward, city of Newburgh, election district No. 2, the vote is not repeated in figures; statement made that forty -nine split ballots were voted. Motion made that it be canvassed. Carried. Fourth ward, city of 'Newburgh, election district No. 3, reported correct, except that there is one defective ballot against Sayer, which seems an error. Motion made that it be canvassed. Carried. Fourth ward, city of Newburgh, election district No. 4, reported correct, except no ballots attached. Mr. Sayer protests to all that have no certificate attached. The certificate and affidavit attached to the return read by the Chair; motion made that it be canvassed. Carried. By Mr. Lamont. — I now call up the return from the town of Wood- bury from the table. By the^CHAiE. — It was returned to the committee this morning with the others. By Mr. Lamont. — I move that the committee be instructed to return it forthwith. There being no objections it was so ordered. By Mr. Sayek. — I moved that it be rejected on the ground that it is clearly irregular, no ballots attached. By Mr. Boyd. — I move as an amendment that the vote be canvassed. Same protest by Elwood, Lamont and Snyder. Carried by the following vote: Eighteen ayes and nine noes. Ayes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Goodsell, Hawkins, Iseman, Loughran, Lozier, Patterson, Tuthill, Vaninwegen, Wallace and Wilson, eighteen. Noes. — Demarest, Durland, Elwood, Ketcham, Lamont, McKissock, Sayer, Webb and Wood, nine noes. By Mr. Boyd. — I make the motion that the returns that were once canvassed and afterwards reconsidered and sent back to the com- mittee with the exception of twelve districts that were in the hands of the supervisors this morning for correction be ordered back before the full board for canvass. This motion was afterwards withdrawn. By the Chair. — We have some more returns from the committee which we can pass upon now. 380 Town of Chester, election districts numbers one, twa and three, reported correct. Motion made that it be canvassed. Carried. Town of Goshen, election district No. 4, reported correct. Motion made that it be canvassed. Carried. Districts numbers two, three, four, five, six, seven and nine of the town of Deerpark, reported correct. Motion made that they ba canvassed. Carried. Districts numbers one, eight and ten of the town of Deerpark, reported correct, with the exception that the ballots do not corre- spond with the vote. Motion made that they be canvassed. Carried. Town of Cornwall, election district No. 1, same as the last — more votes than ballots. Motion made that it be canvassed. Carried. District No. 4 of the town of "Warwick, reported correct. Motion made that it be canvased. Carried. District No. 3 of the town of Warwick, were short one ballot; they attached a sample ballot, otherwise correct. Motion made that it be canvassed. Carried. District No. 1, town of Warwick, short on ballots, attached one of the sample ballots. Motion made that it be canvassed. Carried. Town of Montgomery, election district No. 1, reported correct. Canvassed on motion. Districts numbers two,- three and four of the town of Montgomery reported correct. Canvassed o^i motion. Town of "Wawayanda, district No. 1, reported correct. Canvassed on motion. Town of Bloomingrove, districts numbers two and three, reported correct. Motion made that it be canvassed. Carried. Town of Tuxedo, No. 1, reported correct. Motion made that it be canvassed. Carried, Town of Bloomingrove, election district No. 1; ward of the city of Middletown, districts numbers one and two; second ward of the city of Middletown, district numbers one and three; fourth ward of the city of Middletown, district No. 3; the town of Minisink; town of Warwick, election district No. 2; town of Crawford, election district No. 1 ; second ward of the city of Middletown, election district No. 2 ; 381 first ward of the city of Middletown, election district No. 3; town of Cornwall, election district No. 2; and town of Goshen, election district No. 5, reported correct. Motion made that they be canvassed. Carried. Town of Wallkill, election districts Nos. 1, 2 and 3, and the town of Highland, electioD districts Nos. 1, 2 and 3, reported correct. Motion made that they be canvassed. Carried. Fourth ward of the city of Middletown, election district No. 3, correct; fourth ward of the city of Middletown, election district No. 2; town of Goshen, election district No. 4; town of Hamptonburgh, election district No. 1, were all returned to the inspectors and have been returned with their certificates attached. Mr. Adams moved that they be canvassed. Same protest to all except Cornwall. Carried. Town of Goshen, election district No. 1. — Statement of ballots cor- rect to the county clerk, but were not received by the supervisor. Motion made that it be canvassed; Lamont protests. Cai-ried. Town of New Windsor, election district No. 3, no ballots attached, but correct in the county clerk's office. Motion made that it be canvassed; Lamont, Sayer and EUwood protests. Carried. Town of New Windsor, election district No. 1, same as the last one. Same protest; motion made and carried that it be canvassed. Town of Monroe, election district No. 1, reported correct. Motion made that it be canvassed. Carried. Fourth ward of the city of Middletown, election district No. 1 ; third ward, city of Middletown, election district No. 1, town of Mount Hope; third ward, city of Middletown, election district No. 2, are all reported correct, except that the ballots do not agree with the total number of votes. Motion made that they be canvassed; same protest by Lamont, Sayer and EUwood. Motion carried. Town of Goshen, election district No. 2, except every man's vote is written out. Canvassed on motion. Town of Newburgh, election district No. 3, reported correct. Motion made that it be canvassed. Carried. Town of Crawford, election district. No. 1, no labor ballot attached. Motion made that it be canvassed. Carried. Town of Wav/ayanda, election district No. 2, has one more ballot than votes. Motion made that it be canvassed. Carried, 382 Mr. Adams moved that the statements of the county clerk so far as he has compared them, be adopted. Carried. By the Chair. — Town of Newburgh, election district No. 1. Reported correct, except instead of writing it out they have used figures. Motion made that it be canvassed. Carried. Town of Bloomingrove, election district No. 1, reported all right, except more votes than the statement of ballots. Motion made that it be canvassed. Carried. Town of Goshen, election district No. 3 : No ballots, or the state- ment of the number of ballots does not agree with the number cast ; it has been returned and the certificate attached. Motion made that it be canvassed. Same protest by EUwood, Lamont and Sayer. Carried! Town of New Windsor, election district No. 2, reported all right, except one ticket lacking, and also the signatures of the inspectors to the final certificate. Motion made that it be returned. Carried. On motion of Mr. Adams, the board adjourned till to-morrow morn- ing, at 11.15 A. M. Goshen, N. Y., November 14, 1891. Board met pursuant to adjournment. Called to order by the chairman. On the roll being called by the clerk, the following gentlemen answered: Messrs. Adams, Alexander, Beakes, Berry, Boyd, Brown, Brewster, Demarest, Elwood, Ford, Goodsell, Hawkins, Iseman, Ketcham, Lamont, Loughran, Lozier, McKissock, Patterson and "Wilson. Absent. — Messrs. Durland, Sayer, Tuthill, Vaninwegen, "Wallace, Webb and Wood. Mr. Adams rose to a question of privilege and addressed the board in relation to a certain article that appeared in the Middletown Times, to which his attention was called this morning', concerning certain statements alleged therein to have been uttered by him upon this floor yesterday afternoon ; he repudiated any such language that was attributed to him, and denounced the publication of it in the strongest terms. By the Chaie. — Those members that have returns, please hand them to the committee. Mr. Lamont said that he had been unable to get his board together so as to get his returns corrected, and he gave them to the committee. 383 Mr. Adams moved that the second district of the town of Monroe be canvassed. Carried by the following vote, fourteen ayes and nine noes: Ayes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Goodsell, Hawkins, Iseman, Lo.ughran, Patterson and Wilson; 14. Noes. — Demarest, Durland, Ellwood, Keteham, Lamont, Lozier, McKissock, Webb and the Chair ; 9. Absent. — Messrs. Sayer, Tuthill, Vaninwegen and Wood. The committee of the board of canvassers retire and on motion a recess was taken till 1 p. m. 1 p. M. Board convened pursuant to adjournment, and was called to order by the Chair; on the roll-call the following gentlemen answered: Messrs. Adams, Alexander, Beakes, Berry, Brown, Demarest, Ford, • Goodsell, Hawkins, Iseman, Lamont; Loughran, Lozier, Patterson, Webb and Wilson; sixteen; the others absent. By the Chair. — Town of New Windsor, district number two, sent back for the inspector*to sign, which has been done. Motion made that it be canvassed. Carried. First ward city of Newburgh, election district number one, cor- rected by certificate. Motion made that it be canvassed; same protest by Lamont, Sayer and Ellwood. Motion carried. Second ward, city of Newburgh, election district number three, reported correct. Canvassed on motion. Second ward, city of Newburgh, election district number one, sent back for a certificate which has been signed and sent back. Motion made that it be canvassed; same protest by Lamont, Sayer and Ellwood. Carried. First ward, city of Newburgh, election district number seven, the number of ballots one short. Motion made that it be canvassed; same protest. Motion carried. On motion, the board adjourned till Monday, November 16, at 2 p. m. Goshen, N. Y., Monday, November 16, 1891 — 2 p. m. Board of canvassers called together by Chairman Eoberson. EoU called and all present except Mr. Durland. Mr. Wood moves that Messrs. Van Inwegen and Ford be appointed a committee of two to foot up the tally-sheet. Carried. i 384 On motion of Mr. Ketchum, a recess was taken for one hour. Board was called to order after recess by the chair, and roll called by order of the chair. All present. By Mr. Lamont: I have a protest to offer which I ask to be attached to the return to be made to the Secretary of State. By Mr. Elwood: I have one also, which I wish to offer in behalf of Mr. Walker, to be attached to the return. Both protests were handed to the clerk and were read by hinJ, and are as follows: I, C. Fred Lamont, the Democratic candidate for senator, voted for at the last election held in the county of Orange, do hereby protest against the board of canvassers of said county allowing or counting any votes for William P. Richardson, the Eepublican candidate for senator, returned by the several inspectors of election in the following election districts in said county, viz. : The first district of the second ward of the city of Nawburgh, because other persons than the inspectors of election were allowed to handle and count ballots when the inspectors were canvassing the poll and because on election day public electioneering was allowed and did take place within less than 150 feet of the polls. The seventh district of the first ward of Newburgh city. The Democratic inspector was absent two days of registration, at which time illegal and non-rvoters' names were placed upon the registry and were allowed to vote election day. That number of paupers in the alms-house, whose legal residence was elsewhere, were allowed to and did vote; that the official ballots were allowed to be taken outside the guard-rail by voters and shown to party watchers just before handing them to the inspector of election, and that some votes for Wm. P. Eichardson were purchased by Republican workers. Second district third ward of the city of Newburgh, discrepancy between the statement of the number of votes cast in the certificate and the statement of the number placed upon the ballots attached to said certificate, the number of votes for Governor partially rubbed out. That after the polls had been opened and ballots had been received from legal voters and placed within the ballot-box, and before the polls were closed, the inspectors of election opened the ballot-box and removed ballots therefrom contrary to law. Second district fourth ward of the city of Newburgh, for the same reasons as expressed above for the seoond district of the third ward. 385 First district fourth ward of city of Newburgh. Discrepancy between the statement of the number of ballots contained in the cer- tificate and that placed upon the ballots attached to the certificate. First district, Croshen, the same as given above for the first dis- trict of city of Newburgh. First district of Mount Hope, the same as for first district of fourth Ward of Newburgh city. Third district of Highlands, same as above. First district of Highlands, same as above. Eighth district of Deerpark, same as aboVe. Second district of Bloomingrove, same as above. First district of Bloomingrove, same as above. First district of Tuxedo, same as above. First district of Cornwall, same as above. Second district of Goshen, same as above. Fourth district of first ward of Newburgh city, same as above. Third district of Goshen, same as above. Third district of Cornwall, same as above. First district of third ward of Newburgh city, same as above. First district of fourth ward of Newburgh city, same as above. Fourth district of second ward, Newburgh city, same as above. Second district of second ward, Newburgh city, same as above. Third district of third ward, Newburgh city, same as above. Sixth district of second ward, Newburgh city, same as above. Sixth district of second ward, Newburgh city, same as above and improper return in that the ballots attached are defaced and not written on as required by law, and that there are pencil marks on . the ballots returned. Second district first ward,l Newburgh city, the Democratic inspector was absent half of one day of registration, and that during his absence persons were improperly and illegally registered by the Republican inspectors. Fifth district of first ward, Newburgh city, discrepancy between the number of ballots certified as having been cast and the number contained upon the face of the ballots returned. Fourth district of Montgomery, same as above and that there is no proper or legal certificate. Fourth district of Goshen, no ballots attached to the certificate of inspectors. First district of Woodbury, same as above. And I also further protest against counting any of the ballots cast for William P. Eiohardson, as the last election in the city of Middle^ 49 / 386 town, for the reason that a hundred and more persons were induced to vote for said Richardson, because of having received money from or through Republicans to do so. And I also further protest against said board of canvassers counting any ballots cast for William P. Richardson for senator at the last election in the city of Newburgh, because votes in each and every election district in said city were procured, for said Richardson, or his agents or party friends by the payment to more than two hundred voters in said city, money for their votes for said Richardson. 0. FRED LAMONT. Oraugb Cotjnty, ss.: On this 16th day of November, 1891, personally came before me C. Fred Lamont, known to me to be the person who signed the above protest, and who acknowledged before me that he signed the same. S. E. DlMMICK, Notary Public, in and for Orange county. In behalf of G-eorge T. "Walker, the Democratic candidate for clerk of the county of Orange, voted for at the last election, do protest against the board of canvassers of said county, allowing or counting the votes for William G. Taggart, the Republican candidate for county clerk, returned by the several inspectors of election in the respective dis- tricts and places mentioned in the protest filed this day with this board by C. Fred Lamont, and for the reasons therein specified. And I further protest against this board issuing a certificate of election as county clerk to William G. Taggart, for the reason that the said William G. Taggart did not receive a plurality of the votes cast for said office, and I demand that the certificate of election to the office of county clerk of Orange county be issued to George T. Walker, as having the plurality of the legal votes cast for said office at the last election. CHARLES L. ELWOOD. Mr. Lamont. — I now make such motion for my protect. Mr. Elwood. — I make such a motion for my protest. Mr. Adams raised the point of order that the board had no returns as yet. Messrs. Lamont and Elwood withdrew their respective motions for the present to have the returns properly before the board. By the Chair. — Our returns are complete; our canvass is com- plete; all that is necessary is for the board to take action in regard to it. 387 Clerk Elliott here read all the returns. Mr. Lamont now renews his motion. Roll called and lost by the following vote: 14 ayes and 14 noes. Ayes. — Demarest, Durland, Elwood, Ketcham, Lamont, Lozier, McKissock, Sayer, Tuthill, Van Inwegen, Wallace, Webb, Wood and the Chair; 14. Noes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Goodsell, Hawkins, Iseman, Loughran, Patterson and Wilson; 14. Mr. Lamont then moved that this protest be filed as a statement. ' Carried by the following vote : 20 ayes, 7 noes. Ayes. — Adams, Alexander, Beakes, Brown, Demarest, Durland, Elwood, Ford, Ketcham, Lamont, Loughran, Lozier, McKissock, Sayer, Tuthill, Yan Liwegen, Wallace, Webb, Wood and the Chair; 20. Noes. — Berry, Boyd, Brewster, Goodsell, Iseman, Patterson and Wilson; 7. Hawkins not voting. By Mr. Elwo'od : I make the same motion in reference to the protest that I filed for Mr. Walker, that it be filed as a statement. Eoll called, and lost by the following vote: 14 ayes and 14 noes. Ayes.-7-Demarest, Durland, Elwood, Ketcham ,Lamont, Lozier, McKis- sock, Sayer, Tuthill, Van Inwegen, Wallace, Webb, Wood and the chair; 14. Noes. — Adams, Alexander, Beakes, Berry, Boyd, Brewster, Brown, Ford, Goodsell, Hawkins, Iseman, Loughran, Patterson and Wilson; 14. By Mr. Wood : I move that we now proceed to sign the certificates of canvass. Carried. The canvass was then completed by signing by the chairman and secretary. / The board then adjourned without day. C. G. ELLIOTT, County Clerk and Secretary. Entered in election book No. 3, p. 176, etc. C. G. Elliott, Clerk. (.Endorsed.) Filed Nov. 16, 1891. 4h. 20m. p. m. 388 STATEMENT OF BOARD OF COUNTY CANVASSERS. Statement of Board of County Canvassebs of the County of Orange, N. T., IN Relation to Votes Given fob Ctoveknoe, Lieutenant- GovEENOE, Secketaey OP State, Compteollee, Teeasueee, Attoeney- Gbneeal, State Engineee and Suevbyoe, Sbnatoe and Justice of the Supreme Court. The board of county canvassers of the county of Orange, N. Y., having met at the office of the clerk of said county;, on the 10th day of November, 1891, to canvass and estimate the votes given in the several election districts of said county, at the general election held on the third day of November, in the year aforesaid, do certify as follows: That it appears on such estimate and canvass that the vrhole num- ber of votes given for the office of Governor was twenty thousand and fourteen (20,014) ; of which Roswell P. Flower received nine thousand three hundred and twenty- five (9,825); Jacob Sloat Fassett received nine thousand eight hundred and thirteen (9,813); Joseph W. Bruce received six hundred and eighty-eight (688) ; Daniel De Leon received one hundred and sixty-nine (169); blank received seventeen (17); Roger B. Towner, one (1) ; defective, one (1). The whole number of votes given for the office of Lieutenant- Governor was twenty thousand and five (20,005) ; of which William F. Sheehan received nine thousand one hundred and ninety-three (9,193); John W. Vrooman received nine thousand nine hundred and fifteen (9,915); George W. Hallock received seven hundred and one (701); Prank Gesser received one hundred and seventy-two (172); blank received twenty-three (23) ; defective, one (1). The whole number of votes given for the office of Secretary of State was twenty thousand and eighteen (20,018); of which Frank Rice received nine thousand two hundred and sixty-three (9,263) ; Eugene F. O'Connor received nine thousand eight hundred and six (9,806) ; William E. Booth received seven hundred and ten (710); Frederick Bennetts received two hundred and eighteen (218) ; blank received twenty-one (21). The whole number of votes given for the office of Comptroller was twenty thousand and twenty (20,020); of which Frank Campbell received nine thousand two hundred and seventy-three (9,273); Arthur C. Wade received nine thousand eight hundred and two (9,802); William W. Smith received seven hundred and thirteen (713); Henry Vitalius received two hundred and fifteen (215); blank, received seventeen (17). 889 The wh'ole number of votes given for the office of Treasurer was twenty thousand and nineteen (20,019) of which Elliot Danforth received nine thousand two hundred and fifty-seven (9,257); Ira M. Hedges received nine thousand eight hundred and thirty (9,830); Francis Crawford received seven hundred and three (703) ; James Withers received two hundred and fifteen (215) ; blank received fourteen (14). The whole number of votes given for the office of Attorney-General was twenty thousand and twenty (20,020); of which Simon W. Bosen- dale received nine thousand two hundred and seventy-eight (9,278); William A. Sutherland received nine thousand eight hundred and ten (9,810); Calvin S. Grosser received seven hundred and five (705); Henry G. Wilshire received two hundred and fourteen (214); blank received thirteen (13). ' The whole number of votes given for the office of State Engineer and Surveyor was twenty thousand and fourteen (20,014) ; of which Martin Schenck received nine thousand two hundred and seventy three (9,273) ; Verplanck Colvin received nine thousand eight hundred and three (9,803); Henry P. Forbes received seven hundred and five (705^ ; Charles Wilson received two hundred and thirteen (213); blank received twenty (20). The whole number of votes given for the office of Senator was nine- teen thousand nine hundred ^nd twenty-one (19,921) ; of which C. Fred Lamont received nine thousand two hundred and thirty-five (9,235); William P. Eichardson received nine thousand eight hundred and eighty-five (9,885) ; Gabriel Seely received six hundred and seventy-five (675) ; blank received one hundred and twenty-three (123); C. F. Lamont received two; Brown received one (1). The whole number of votes given for thej office of Justice of the Supreme Court was nineteen thousand six hundred and sixty-two (19,662); of Which Calvin E. Pratt received nineteen thousand one hundred and seventy-six (19,176) ; blank received four hundred and eighty-six (486). We certify this statement to be correct, and have caused the same to be attested by the Signatures of the chairman and secretary of this board, this sixteenth day of November, A. D. one thousand eight hundred and ninety-one. S. D. EOBERSON, Ghairman. C. G. Elliott, County Clerk and Secretary. 390 Indorsed on the back: " Canvass of state ofacers, senate and judi- ciary. To state board. County of 1891. Orange county, ss. Eecorded on the sixteenth day of November, 1891, at 4.20 o'clock, p. M., in Liber 3, Elcfc. Returns, at page 210. Examined. C. G. Elliott, clerk. Indorsed: Filed Nov. 16, 1891, 4h. 20m. p. m. STATEMENT IN RELATION TO COUNTY OFFICERS. Statement oi' the Boaed or Countt Canvassers of the County of Oeanse, N. Y., in Relation to Votes Given fok Sheriff, County Clebk, Superintendent of the Poor, Coroners and Justices of Sessions. The board of county canvassers of the county of Orange, N. Y., having met at the office of the clerk of said county on the 10th day of November, 1891, to canvass and estimate the votes given in the several election districts of said county, at the general election held on the third day of November, in the year aforesaid, do certify as follows: That it appears on such estimate and canvass that the whole number of votes given for the office of sheriff was nineteen thousand nine hundred and twenty-five (19,925); of which George W. Sayer received nine thousand two hundred and fifty-seven (9,257); Joseph K. Alex- ander received nine thousand eight hundred and thirty-three (9,833) ; Horatio N. Green received six hundred and eighty -nine (689); blank received one hundred and forty-five (145) ; G. W. Sayer received one (1). The whole number of votes given for the office of County Clerk was nineteen thousand nine hundred and nineteen (19,919); of which George T. Walker received nine thousand four hundred and seventy- eight (9,478); William G. Taggart received nine thousand six hundred and eight (9,608); Samuel S. Bull received six hundred and seventy- eight (678); blank received one hundred and fifty-four (154); defective one (1). The whole number of votes given for the office of Superintendent of the Poor was fourteen thousand two hundred and seventeen (14,217); of which James Comfort received six thousand seven hundred and ninety-two (6,792) ; Thomas Merritt received six thousand seven hundred and ninety-seven (6,797) ; Charles B. Roe received five hundred and six (506) ; /blank received one hundred and twenty-one (121) ; Merritt received one (1). The whole number of votes given for the office of Coroners was thirty-nine thousand seven hundred and eighiiy-two (39,782); of which Prank F. Corwin received nine thousand two hundred and forty 391 (9,240); Charles E. Hill received nine thousand one hundred and fifty (9,150); John Corwin received nine thousand eight hundred and nineteen (9,819); Abraham L. Decker received nine thousand eight hundred and fifty (9,850); George Hartshorn received six hundred and ninety-nine (699); John M. Brink received seven hundred and twenty-two (722) ; blank received two hundred and ninety-four (294) ; E. B. Decker received one (1); Cooper De Graw received one (1); Decker received one (1) ; A. L. Decker received one (1) ; Prank Cor- win received three (3) ; Abraham Decker received one (1). The whole number of votes given for the office of Justice of Ses- sions was nineteen thousand nine hundred and twenty-five (19,925); of which James B. Stevens received nine thousand two hundred and seventy- four (9,274); Charles R. Bull received nine thousand seven hundred and thirty-one (9,931); Robert S. Talbott received seven hundred and twelve (712); Blank received two hundred and eight (208). We certify this statement to be correct, and have caused the same to be attested by the signatures of the chairman and secretary of this board, this 16th day of November, A. D. eighteen hundred a,nd ninety-one. , S. D. ROBERSON, Chairman. C. G. Elliott, County Clerk and Treasurer. (Indorsed on the back.) Statement on county officers, 1891. OEANaE County, ss. : Recorded on the 16th day of November, 1892, at 4.20 o'clock p. m., in Liber 3 Elc't Returns, at page 214, and examined. C. G. Elliott, clerk. Indorsed: Filed November 16, 1891, 4h. 20m. p. m. Statement in Relation to Members of Assemble. The board of county canvassers of the county of Orange, N. Y., having met at the office of the Clerk.of said coanty on the 10th day of November, 1891, to canvass and estimate the votes given in the sev- eral election districts, in each of the Assembly district of said county at the general election held on the third day of November, in the year aforesaid, do certify as follows, to-wit. : That it appears on such estimate and canvass that the whole num- ber of votes given for Member of Assembly in the first Assembly district of said county, was ten thousand one hundred and forty-one (10,141); of which Grant B. Taylor received four thousand four 392 hundred and eighteen (4,418) ; Howard Thornton receiTed five thou- sand two hundred and ninety-four (5,294); Robert S. Talbott received three hundred and seventy-nine (379); Blank received forty-eight (48); W. E. McCormick received two (2). The whole number of votes given for the office of Member of Assem- bly for the second Assembly district of said county was nine thousand seven hundred and seventy-four (9,774); of which William E. McCor- mick received five thousand and thirty-two (5,032); Henry M. Howell received four thousand three hundred and ninety-five (4,395) ; Abram T. Squires received two hundred and'ninety-five (295); blank received fifty (50); H. M. Howell received one (1); Wm. P. Eichardson received one (1). We certify this statement to be correct, and have caused the same to be attested by the signatiires of the chairman and secretary of this board, this sixteenth day of November, A. D. one thousand eight hun- dred and ninety-one. S. D. ROBEESON, Ghairmaig,. C. G. Elliott,, County Glerk and Secretary. (Indorsed on the back.) Orange county. Statement on Assembly. 1891. Oban&b County, ss. : Eecorded on the 16th day of November, 1891, at 4.20 o'clock, p. m , in Liber 3 of Elc't Eeturns, at page 216, and examined. C. G. ELLIOTT, Glerk. Indorsed. Filed T!^ov. 16, 1891, 4h. 20m. p. m. Certificate or the Election op County Ofeicbrs. The board of county canvassers of the county of Orange, N. T., having canvassed and estimated the votes given in the several election districts of the said county, at a general election held on the 8d day of November, 1891, do hereby certify, determine and declare that Joseph K. Alexander, by the greatest number of votes, was duly elected sheriff of said county. That William G-. Taggart, by the greatest number of votes, was duly elected County Clerk of said county. That Thomas Merritt, by the greatest number of votes, was duly elected superintendent of the poor of said county. That John Corwin and Abraham L. Decker, by the greatest number of votes, were 393 duly elected Coroner of said county. That James B. Stevens and Charles R. Bull, by the greatest number of votes, were duly elected Justices of Sessions of said county. Dated G-oshen, N. T., the 16th day of November, 1891. S. D. EOBERSON, C. (^. Elliott, Chairman. County Clerk and Secretary. (Indorsed on the back) : Orange county certificate of election of county officers, 1891. OBA.NGB County, ss.: Recorded on the 16th day of November, 1891, at 4.20 o'clock p. m., in Liber 3 of the Elc't Returns, at page 217, and examined. C. G. Elliott, clerk. Indorsed: Filed November 16, 1891, 4h. 20m. p. m. Certificate or the Election or Members of Assembly. The board of county canvassers of the county of Orange, N. Y., hav- ing canva,ssed and estimated the votes given in the several election districts, in each of the Assembly districts of the said county, at a gen- eral election held on the 3d day of November, 1891. Do hereby certify, determine and declare that Howard Thornton, by the greatest number of votes was duly elected Member of Assem- bly in and for the first Assembly district in said county. That William E. McCormick, by the greatest number, of votes, was duly elected Member of Assembly in and for the second Assembly dis- trict in said county. Dated Goshen, N. T., the 16th day of November, 1891. S. D. ROBERSON, C. G. Elliott, Chairman. County Clerk and Secretary. (Indorsed) : Orange county, certificate of election on Member of Assembly, 1891. / OEANftE County, ss.: Recorded on ths 16th day of November, 1891, at 4.20 o'clock p. m., in Liber 3 of Elc't Returns, at page 218, and examined. C. G. Elliott, clerk. Filed November 16, 1891, 4h. 20m. p. m. 50 .}■ 394 STATE OP NEW YORK, Oeange County Clerk's Office, I, William G. Taggart, clerk of the county of Orange and also clerk of the Supreme and County Courts in and for said county (courts of record), do hereby certify that I have compared the preceding copy with the original proceedings of the board of canvassers, filed in my office, and that the same is a true and correct transcript therefrom and the whole of said original, filed November 16, 1891, at 4 20 p. m. Witness my hand and the seal of said courts and county at [l. 8.] Goshen, this 15th day of January, 1892. C. G. ELLIOTT, Deputy Glerk. The committee then adjourned to meet Tuesday evening, March 8, 1892, at 7.30 p. m. ' Albany, Tuesday, March 8, 1892, — 7.30 p. m. The committee met pursuant to adjournment. Present. — Chairman Boesch and Senator Endres. Charles H. Van Gobder, being duly sworn, testified as follows: \ By Mr. Hirschbekg: Q. Where do you live ? A. City of Newburgh. Q. How long have you lived there ? A. Fifteen years. Q. Where were you last election day, last fall? A. In the fifth district, first ward. Q. How much of the time were you there ? A. All day. Q. Did you see what was going on there at the polls generally? A. I did. Q. Do you know B. B. Odell, Jr.? A. I do. Q. Was he there that day ? A. He was, I think, about two or three times. Q. How long each time ? A. Probably five or ten minutes. Q. Was there any electioneering going on there within 150 feet of the polls ? A. There was not. Q. Did he do any electioneering there ■? A. Not that I know of. Q. You saw him there ? A. I did. Q. Saw what he did do ? A. Yes. Q. If he had brought men to the polls could you have seen him ? A. Yes, sir. Q. Did he ? A. He did not. 395 Q. Do you know the colored man that has been examined here by the name of Matthews? A. I do. Q. Did he say anything to you about what he was to be compensated for his work in this case ? A. He did not. Gross-examination: V By Mr. Gakdnee : Q. Were you around th6 polls all day ? A. I was. Q. You were an officer, weren't you ? A. No, sir. Q. How did-you come to be about the polls all day ? A. There was a man appointed' in my place; I asked to be excused and I went there with him ia the morning before the polls opened, and I had other business there and stayed there all day. Q. What business was it that you had there ? A. I was electioneering. Q. Were you at any^time within 150 feet of the polls ? A. No, sir. Q. Did you take dinner that day ? A. I did. Q. Where ? A. On the corner of Washington street and Mill. Q. That was some distance from the polls? A. Just outside the 150 feet. Q. While you were engaged in eating dinner are you able to state whether Mr. Odell was about the polls electioneering or not ? A. No, sir; I am not able to state that. Q. What time did you get there in the morning ? A. Half-past 6. Q. What time did you leave there at night ? A. I left there when the polls closed. Q. How long were you at dinner ? A. Probably half an hour or twenty minutes, something like that. Feed S. McCann, being duly sworn, testified as follows: By Mr. Hirsohbebg: ■ , Q. Where do you live? A. Eighty-three Ann street, city of Newburgh. Q. Did you live there last fall ? A. Tes, sir. Q. Were you an inspector of election? A. Yes, sir. Q. In what district ? A. First district, first ward. Q. Was the ballot box opened in that district of that ward that day? A. Yes, sir. Q. Who by? Mr. DiMMicK. — We object to that; this is not in contradiction of any testimony that we have introduced. Mr. HiRSOHBBKa. — No, sir; but if they can prove we had boxes open, we can prove they had boxes open. 396 Mr. DiMMiOK. — There is no allegation before the committee we have committed any irregularities. [No answer.] Mr. HiEscHBEHG. — It isn't for the purpose of keeping Mr. Lamont out; it is for the purpose of neutralizing the effect of such testimony as may have been introduced by the contestant. Mr. DiMMiCK. — We object to it that it is immaterial. Mr. CouNTBTMAN. — As far as the answer was concerned it was under- stood we could - give our testimony and put in the answer at any time. Chairman Eoesoh. — So far as the matter of the answer is concerned in the other case the sitting member filed his answer within a short time after commencing his side of the case. Mr. HiBSCHBEEa. — The chair informed us we need not file an answer at all. Chairman Roesch. — That is true. Mr. Gaedneb. — The chair .said the evidence should be strictly in rebuttal if you didn't. Chairman Eoesoh. — I don't recall having said that; possibly I did, but I do not think that it is necessary for you to go into an affirmative defense, as it were, to establish affirmatively the right to your seat, or even to "show that Mr. Lamont is not entitled to the seat because of irregularities upon his side. Mr. Hiesohbebg. — We are hot doing that; but if you should con- clude you would throw out the district because of that irregularity, then we should ask you to throw out this district because of an irregularity there. The testimony can be taken in five minutes; we have only two witnesses on that point. Chairman Roesch. — The committee will allow it. Q. Was it opened ? A. Yes, sir. Q. Who by ? A. The chairman, William A. Ryan. Q. He is here 1 A. Yes. Q. Do you know for what purpose he opened it? A. There was some document lost and we couldn't find it, and he thought probably it might have got in there. Q. What hour in the day was it ? A. It was in the morning, after the voting had commenced. Gross-examination : By Mr. Dimmick: Q. About what time in the morning was it; immediately after the polls had opened? A. No, sir; I don't think immediately afterwards. 397 By Chairman Eobsch: Q. Were there any ballots taken out? A. No, sir. Q. Were there any ballots put in other than those entitled to be put in ? A. No, sir. Q. Were there any ballots destroyed ? A. No, sir. Q. Was the box destroyed ? A. No, sir. Q. Did the opening of that box in anywise aSect the result? A. No, sir. Mr. HiRSOHBEBO — It isn't claimed it did in the other case, now. Mr> Gabdnep. — It is, and that they took out ballots. William A. Eyan, being duly sworn, testified as follows: By Mr. Hibsohbebg : Q. Tou have heard the testimony of the last witness ? A. Yes, sir. Q. Were you the chairman of the board of inspectors in the district referred to by him ? A. Yes, sir. Q. Was the ballot-box opened on that day ? A. Yes, sir. Q. At what hour ? A. Shortly after the polls were opened. Q. About what time V A. I should judge about twenty minutes to 7 or a quarter to 7. Q. It was unlocked ? A. Yes, sir. A. There were ballots in there ? A. There were two or three. Q. What was it opened for ? A. I opened it; I lost a document sent to me by the mayor and I couldn't find it, and I thought, probably, I had put it in there in mistake for a ballot and I called the inspector and opened it. Q. Did you find the document ? A. No, sir. Q. You were a Democratic inspector? A. Yes, sir. Q. What you return in your district as straight tickets dq you take the head of the ticket ? A. Yes, sir. Q. You return as straight tickets whatever the head of the ticket receives ? A. Yes. sir. Q. Do you return the split tickets ? A. No . Mr. DiMMiCK. — Doesn't the return speak for itself? Mr. HiKSCHBERG. — The return don't show what they call straight tickets. Mr. DmMicK. — It shows what they call straight tickets. Mr. G-ABDNBR. — If the evidence is offered for the purpose of contra- dicting the returns we object to it. 398 Edgae L. Bequa, being duly sworn, testified as follows : By Mr. Hiesohbekg: Q. Where do you reside ? A. Highland Mills. Q. What town is that in ? A. Town of Woodbury. A. Were you there at the election last fall ? A. I was. Q. In any special capacity ? A. No, sir. Q. Simply as a Republican interested in the result ? A. Interested in the election. Q. Not an officer 1 A. No, sir. Q. You know Irving Washburn, one of the counsel ? ' A. Yes, sir. Q. About whom some testimony has been given; were you present when Mr. Washburn was excluded from the polls ? A. I was. Q. Did you see and hear all that occurred on that occasion ? A. I did. Q. Did Mr. Washburn, at that time, have and present any credentials as a Democratic watcher ? A. No, sir; he hadn't made them out yet. Q. How do you know he hadn't made them out ? A. On or about ten minutes past 7 a. m. I went up to the polls to vote, and I was up there and Mr. Washburn also made his appearance and went inside where the board met and said he was one of the Democratic watchers, and also John G. Earle was anothei: one, and the board had a short consultation about it and they had looked the law up and decided the watchers should be there before the polls were open to see the ballot-boxes were all right, no- ballots in them, and everything correct; the Republican watcher was there and the Democratic watcher; Mr. Washburn and Mr. Odell was not; Mr. Washburn said he was the president of the Democratic club, and that he had all the authority to sign his credentials; he said he proposed to stay in the board; I was outside the railing, and I thought the chairman of the board was a little slow about it, weak-kneed, and I made the demand on the chairman that I didn't think he had any right in there; they had a few words, and then I asked the chairman to ask Mr. Washburn if he had his credentials made out; the chair did so, and Mr. Washburn said he hadn't them made out, but he could step down stairs and make them out in a few moments, and on that information' I demanded the chair to put him outside the railing; he refused to go, and defied the board to put' him out; I made the remark if I was chairman of the board he would go out and go out right away, and I insisted upon the chairman of the board calling an officer if he didn't go out. 399 Q. Was he then put out? A. The chairman of the board called an ofl&cer and the officer went in and asked Mr. Washburn if he would go out; Mr. Washburn asked him if he was an officer, and he said he was; he says, "Do you demand me to go out?" the words were about that; I can't give the exact language, and then he went out. Q. Did he afterwards come back with his credentials ? A. I wasn't there when he came back. Q. It is in evidence that he came back afterwards with credentials, and was allowed in? Mr. Washburn. — I think not. Q. That is all you know about it ? A. I think that is all. Gross-examination : By Mr. Washbuen: Q. Were you there when I first entered the polling-place in the morning? A. I can't remember whether you were there before about ten minutes past 7. Q. Were you there when I first entered the polling place ? A. I don't know ii^hat time you first entered. Q. Do you know whether you were there or not at the time I did enter ? A. I know you were there when I was there. Q. You know I was there when you first came there ? ^. You were there when I first came there. Q. Were you there when Mr. Richardson, the Republican watcher, entered the polling place ? A. I don't remember that. Q. Do you know whether you were there or not when he entered the polling place ? A. I don't remember that. Q. Don't remember whether you were there or not at that time ? 4-. I remember I was there on or about ten minutes past 7. Q. Are you able to state that no document claiming to be creden- tials had been submitted before the watcher was excluded by the officer ? A. I am able to state that fully and understand what I am saying. ' Q. Are you able to state that no credentials had been offered before the watcher was excluded; do you state that upon your oath ? A. I state upon my oath that at the time I made the demand you had not presented your credentials, whether it was the first or second time you were there. Q. Do you mean to stat^ at that time I hadn't presented what I claimed to be credentials, or do you quibble upon the question 400 whether the credentials were proper or not ? A. I don't quibble at all; you had no credentials when I demanded you be put outside the board. Q. Don't you know I claimed to have presented credentials and stated to the chairman they laid upon his table? A. No, sir; I don't remember any conversation of that kind at all. Q. Tour memory seems to be defective in some part; are you able to state that any credentials were subsequently submitted? A. I don't know what time you presented your credentials after that time. Q. Do you know I did present any credentials ? A. I know you did after that. Q. Tou kiiow I did pi;esent credentials subsequent to my exclusion as a watcher; if you do you know what isn't true ? A. I know your credentials were presented after you had left the board by the aid of an officer. Q. And on your demand ? A. On my demand. Q. Tou know I was subsequently admitted to the polls as a watcher? A. Tes. Q. There is evidence in this case that money was placed in your hands for use for election purposes in the town of Woodbury; that money was placed in your hands by Mr. Odell, of Newburgh, the Eepublican State committeeman; will you please tell the committee what the amount was ? Mr. HiRSCHBEEa. — That has all been in evidence; I don't object to it; if the committee will take the time I am willing he should be examined. Chairman Roesch. — Go on. Q. Will you state the amount ? A. I don't remember the exact amount; in the neighborhood of about seventy- five dollars. Q. Will you swear it wasn't more than seventy-five dollars? A. I am not positive of the amount. Q. Will you swear it wasn't more than seventy-five dollars ? A. I am not positive of the amount. Q. Will yo'i swear it was less than a hundred dollars ? A. I am not positive, on or about seventy-five dollars. Q. What did you do with that money ? A. I used it for legitimate campaign expenses. Q. Did you offer any man any money for his vote on that day ? A. No, sir. Q. Do you know a man in that town by the name of Jerry Arnold ? A. I do. Q. Did you offer him four dollars for his vote ? A. No, sir. 401 William B. Barclay, being duly sworn, testified as follows: By Mr. Hieschbbbg: Q Where do you live ? A. Central Valley. Q. How long have you lived there ? A. Fourteen years. Q. That is in the town of Woodbury ? A. It is now. Q. Was last fall? A. Yes, sir. Q. Were you the Democratic inspector in that distj-ict that fall ? A. I was and have been for ten years. Q. Been a Democratic inspector for ten years? A. That is poll clerk of the district. Q. Engaged in the election in either one capacity or the other? A. Certainly. Q. And have, always been a Democrat? A. Since Stephen A. Douglass, Henry Cl^ay, Whig before that. Q. You know Irving Washburn? A. Correct; good friend of mine. Q. He claimed he was put out of the polls there that day improp- erly? A. He claims right; I put him out. Q. Improperly ? A. I won't acknowledge him. Q. Tell the committee why you ordered him to go out of the polls? A. It is a long story. ' Q. Cut it short? A. There were two Eepublican inspectors; the chairman and I was attending to the unvoted ballots, that takes a good deal of time, tearing off the coupons; I didti't hear the racket first if you know; Mr. Washburn stood up against the rail inside and the chairman, Republican board of course, you know, kind of appealed to me and everything kind of stopped; of course I turned around and I saw the snag somewhere and says I, " Mr. Washburn, won't you please step outside;" he said he wouldn't; says I, "Mr. Washburn, won't you please step outside; " he says, "No, I won't;" says I, "Is there an officer in this room;" one stepped, out, and I says, "Remove the gen1;leman; " that is all there was about it. Q. You were the cause of his being removed? A. I was. Q. It was under your orders ? A. It was. Q. Had he presented any credentials showing his right to remain there at that time ? A. No; I hadn't nothing to do with him. Q. Had he to the others ? A. I can't answer. Q. Had you seen any ? A. I had not. Q. Or heard of any ? A. I had not. Q. Or any claim on his part why he should be there ? A. I had not. 51 402 Q. He was simply making a disturbance ? A. No; he wasn't making a disturbance, but when arguments go, half a dozen mixing in makes a muddle. Q. Did he afterwards come there with credentials ? A. I don't know anything at all about it; I saw Mr. Washburn there after- wards; if I had been a Democratic chairman he should never have got back again. Cross-examination . By Mr. Washbden : Q. Are you able to state that no credentials were presented" before the watcher was fexcluded? A. Page 64 of the election laws, and section 231, says all watchers shall present their credentials fifteen minutes before the ballot boxes are examined to see if there is any nigger in the ballots; that is the ground I stood on. Mr. HiRSCHBERG. — He didn't do that ? A. He did not. Q. Was that the ground on which the watcher was excluded, that his credentials were not presented early enough? .A. You didn't have any credentials. Q. Are you able to say no credentials were presented? A. No; I won't state nothing 1 don't know. Q. you are not able to state anything about whether any credentials were ever presented or not ? A. I don't know anything at all about it. Q. At any time during the day ? A. I do not; it is not my province to know; you present to the chairman of the board, not me, I attend to my duties under them; I don't care who the devil is outside. Q. Was it not the chairman who gave the order to the ofl&cer to exclude the watcher ? A. I don't know nothing about no orders; the poll stopped; I have served as inspector for ten years; if you don't like me don't put me there again; if you can't have it right don't put me there. Q. Do you know anything about the circumstances under which I was admitted as a watcher about 11 o'clock 1 A. I don't know nothing about it, only I told you to leave instantly. Stephen V. Hkaton, being duly sworn, testified as follows: By Mr. Hirsohberg: Q. Where do you reside ? A. Monroe, New York. Q. Were you there last election last fall ? A. I was. Q. In Orange county ? A. Yes, sir. 403 Q. Who were the Democratic workers there that day ? A. Do you mean outside the polls ? Q. Yes ? A. Gilbert Carpenter, Henry M. Morehouse, Abrani Letts, not so much as the first two. Q. Where did they do their work ? A. Mostly outside the polls. Q. How far from the polls ? A. One hundred and fifty feet as far as I know. Q. Did you see anything indicating the use of money there that day ? A, I saw some suspicious circumstances. Q. State what you saw ? A. There was a man that told me that he intended to vote the Bepublican ticket from here on; he had just got a pension; he felt very grateful, and he said he thought he had been standing in his pwn light, and I saw these workers around him to fix his tickets up for him. Q. Which ones? A. Mr. Morehouse; I was quife satisfied they changed him; of course, this is only what I think. Q. What are his politics ? A. He told me he was a Republican. Q. That is all you know about it ? A. There is one other circumstance. Q. State it? A. One of our Bepublican workers just about two weeks or ten days before election, began to talk in fa|Vor of Fred Lamont, and he was working in a gang of men that was working on a new street, and most of them were Bepublicans, and they told me thi^ man was talking Fred. Lamont, and finally I went to him and said: " Sile, what in the world do you mean ? " He asked me what I meant; I said, " You are talking for Fred. ; " he says, " If I didn't talk I wouldn't say anything; " I said, " This is of vital importance, probably you don't know the importance of this election; it isn't like a sheriff, or county clerk, or poor-master; this is a legislative man, a man that helps make our laws, and we want to stand together on this if we ever stand;" he talked off a little; I said, "Here, you have been offered money; " he says " They know well enough I won't wprk for them without it," and that was the answer he made. Q. Did he work for them? A. I rather think he did; I don't know; he was pretty sly. By Chairman Boesoh : Q. He was a Bepublican ? A. He was a Bepublican. James Moboan, being duly sworn, testified as follows: By Mr. Hikschbebg: Q. Where do you live ? A. Monroe, Orange county. Q. How long have you lived there? A. I have lived there between forty and fifty years. 404 Q. Are" you a voter there ? A. Yes, sir. » Q. Did you vote there last fall? A. Yes, sir. Q. Do you know Mr. Morehouse that has been spoken of by the last witness? A. Yes, sir; well acquainted with him. Q. Did you see him there at the polls on election day? A. Yes, sir; I saw him outside the polls. Q. Did he give you a ticket to vote or a paster? A. Yes; he gave me a little paster to put on for Mr. Lamont. Q. A Republican paster ? A. On a Republican ticket. Q. A Republican ticket or paster with Mr. Lamont's name on? A. Yes, sir. Q. Did he give you any money with it? A. He give me three dollars. Q. To go and vote it ? A. Yes, sir. Q. That is Mr. Lamont's own district? A. Yes, sir. Q. It is the second, or first district ? A. I couldn't say. Q. What is known as the Monroe clistrict as distinguished from the Turner's district ? A. Yes, sir. Q. Did you know of any other persons being paid money that day? A. No, sir. Q. You kept the three dollars ? A. I did, because I was poor and needed and I wanted it. , Q. Did you vote the paster which he gave you ? A. I did. Gross-examination : By Mr. Gardnek: Q. Can you read and write? A. Yes, sir; I can; a little. Q. Can you read print? A. Yes, sir; if it ain't too fine. Q. Are you a Republican or a Democrat ? A. I am a Republican, sir, to the backbone and you can take that out of the top of your head if .you are a mind to. Q. You voted the straight Republican ticket, didn't you ? A. No, sir; I didn't; I had Mr. Lamont's name and I call that a Democrat; there is where I crossed over — kind of a Catholic, a cross on it. By Chairman Roesoe: Q. That is what you got three dollars for ? A. Yes. Q. You sold your vote for three dollars ? A. I didn't sell it. Q. You voted for Lamont because you got three dollars ? A. Yes; I was old and crippled and poor and I thought I needed the money. [It is admitted this was the first district.] 405 Hknby T. Bell, being duly s worD, testified as follows: By Mr. Hiksohberg: Q. Where do you live ? A. No. 110 Smith street, Newburgb. Q. Are you a member of the Sherman club ? A. Yes, sir. ' Q. Were you a member last fall ? A. Yes, sir. Q. Did you vote in the city of Newburgh? A. Yes, sir. Q. At the fall election ? A. Yes, sir. Q. Did you receive any part of the donation which has been spoken of in these proceedings ? A. No, sir. Q . Did you receive anything from anybody ? A. No, sir. Q. Yet you were a good member in regular standing ? A. Yes, sir. By Chairman Boksoh: Q. What is your business ? A. Steamboating. Q. Were you at the club when there was any discussion about this election? A. No, sir; I haven't been able to meet the club only the time they were organized, a year last spring ; my business has called me away and I was unable to meet. » Fbanklin Abndm, being duly sworn, testified as follows : By Mr. Hiksohberg : Q. Where do you live ? A. Newburgh. Q. Where ? A. Washington street, 251. Q. Were you a member of the Sherman club last fall ? A. I was. Q. Did you vote in the city of Newburgh last fall 1 A. Yes, sir. Q. Did you receive any part of the donation that has been spokeu of in these .proceedings ? A. No, sir; not that I know of. Q. That is a circumstance that would have been apt to have impressed itself on your memory ; did you get any pay that day? A. No, sir. Q Any part of the $600 ? A. No, sir; not that I know of. Q. Or any money from anybody that day ? A. No, sir. Q. Were you in the club when some discussion was had as to the disposition to be made of this fnnd? A. I was. Q. What was said upon that subject? A. Well, vten I heard that there was some money for the benefit of the club they sent for me; I went there; they asked my advice what to do with it, and I advised them to use it in a way that we could have our own-club room, and out of what was left to put it in the bank for our own use; some of them agreed with me on that point and then there were others that didn't like the idea and wanted to draw out what they thought would 406 be their share; the object was to bank it for the benefit of the club whatever there was of it; I don't know how much there was; that was my advice to them. Q. Were there any others in favor of that same disposition that you advised? A. Oh, yes, sir; quite a number. Q. To make a fund of it for the benefit of the club in the purchase of furniture and the providing of a room? A. That's it; for ourselves. Q. Do you know Henry Matthews? A. Yes, sir; I am acquainted with him. Q. Did he tell you anything about what he was expected to get, or was offered, or would get in this case if Mr. Lamont was seated ? Mr. Gardner. — We object to that. Mr. HiRscHBERG. — It is oyly offered on the question of credibility. I should be very sorry to haVe to bring Mr. Matthews here to lay the foundation. Chairman Eoesch. — The chair don't want any more of him. Mr. Gardner. — Mr. Matthews was on the stand and they didn't ask him the question whether he was to get anything for the success of this contest or not. Chairman Eoesch. — We will allow it; let everything in that will give us any light on the subject. Q. Tell what he said he was to get ? A. Mr. Matthews reported in Washington street to two different persons that I know of and requested them to go with him down street to give his evidence so far as he knew. Mr. Gardner. — I object to that; that he wasn't there and don't know anything about it. Q. What did he say. to you, or in your hearing ? A. That he was to get, in case this thing should pi^ove a success in regard to Mr. Lamont, that he was to get $100. Chairman Koesch. — Matthews said that to you ? The Witness. — I heard it. Q. Who did he say it to ? A. Mr. Major's wife. Q. Pullman Major's wife ? A. Yes. Q. In your hearing ? A. I heard it; yes, sir. Q. When was that ? A. I can't just say, Q. How long ago? A. Oh, it was just before he first came up here; I can't say just now. Q. Just before he came here as a witness? A. Yes; I didn't pay any particular attention. Q. Did he want some one else to come and testify the same way ? A. He asked for Reid, and he even sent a man to his own house to 407 interrogate Major's own wife to know if they Lad seen men coming out of Dawson's house with money, and he denied it afterwards, after he met this lawyer here ; I forget his name. Q. Mr. Gardner? A. He denied in Mr. Gardner's ofl&ce he ever sent him there, but Gardner said he did; he promised Major fifty dollars if he would come and testify to this effect, whatever it should be. By Chairman Roesch: < Q. This was before Matthews came here first as a witness? A. Yes, sir. i Q. Where was this conversation had that you overheard; in New- burgh? A. Yes, sir. Q. Where ? A. Rig(ht by Mr. Major's house. Q. Where is that in Newburgh? A. A little east of me. > Q. On what street ? A. On Washington street. Q. What number of the street ? A. The streets are not numbered. Q. Was it in the house ? A. No, sir. Q. In front of the house? A. She was standing by the gate and he was standing on the sidewalk; and Matthews is naturally a very loud talker. Q. Where were you standing? A. No farther than from me to that gentleman there. Q. This took place quite a number of weeks ago, did it not ? A. I can't remember' how long ago, but it was, perhaps, I will say a week or ten days; maybe twelve days; somewheres along there; before he came up here. , Q. Who did you first speak to about this conversation; who did you first tell that you heard Matthews say that he was to get a hundred dollars ? A. The first one I spoke to about it was my wife. Q. Did you tell anyone else but your wife? A. I don't know; I might have spoken to some members of the club about it; it wouldn't be necessary for me to tell any particular one, because it is all over Newburgh; the whole club. Q. That Matthews said he was to get a hundred dollars if Lament won this case; is that it? A. He said that he could get a hundred dollars, and he would insure him forty dollars. Q. He said he could get a hundred dollars ? A. That is what he said; he would get it. Q. Sure about that? A. I don't know about his surety; that's what he said. 408 Q. Did he say he would get a hundred dollars if tiamoUt *o& this case ? A. He said that if Lamont should take his seat he could ^et a hundred dollars, or was to get it. Q. Did you talk with Matthews about it? A. No, sir; I don't talk to him no further than civility. Q. Some trouble between you and Matthews? A. Not particularly; no, sir. Q. You didn't speak to him at all about having heard that he was to get a hundred dollars? A. Yes; I told him that. Q. What did he say ? A. He denied it, but I knew better because I heard it and I told him I heard it. ' By Mr. O'Neil: Q. You say he would insure him forty dollars; who do you mean by "him?," A. Major. Q. The husband of the person with whom he was talking? A. Yes, sir. By Mr. Gaednee: Q. Did you afterwards talk with Major about it? A. No, sir; I had no talk with Major ? Q. Did you talk with Major's wife? A. No, sir; Major's wife came and told my wife about it. Q. Major's wife came and told your wife about it ? A. Yes, sir. Q. Isn't that all you know about it ? A. No, sir; because I heard this talk with Matthews before Major's wife told my wife of it. Q. You know the club got $600, don't you? A. No, sir; I don't. Q. The statement that Mr. B. B. Odell made is false, is it ? A. I don't know what his statements were. Q. All these witnesses that have sworn, the treasurer of the club, Johnson, and all the other witnesses that they got $600 is false ? A. I don't know anything about it; they might have counted it; I didn't. Q. Don't you know that that club got $600 ? A. No, sir. Q. Haven't you heard they got it ? A. Yes. Q. Who did you hear it from ? A. I heard it from several. Q. Don't you know there was a committee appointed by the name of Pelham, Alsdorf and Dawson to distribute the donation? A. No, sir. . Mr. O'Neil. — I don't think that this is material. There is no question but they got $600. Mr. Gardner. — I want to know as president of this cliib if he don't know what was done with the money ? Mr. O'Neil. — He says he didn't gst any. 409- By Chairman Eoesch: Q. You are the president of the club ? A. I was at the time. Q. Wei-e you in the club rooms one evening when Mr. Odell came in the rooms and addressed the members of the Sherman Club ? A. Yes, sir. Q. Was there anything said that evening about the donation? A. No, sir; Mr. Odell never said anything about donating anything; all he said was that he was satisfied we had always proven ourselves men, and he hoped we would do so on the next election; that was the night before election. " Q. Do you know who got the money, the $600 in behalf of the club? A. I don't know anything about that because I wasn't there; after voting an^ doing my duty around the polls I went about my work. Q. You say you are president of that club ? A. I was at the time. Q. There have been several witnesses here on the stand, members of that club who have sworn the club got $600, and that that $600 was divided and' that some of them got three dollars, some got five dollars and forty-five cents; you are president of the club; do you want us to believe you didn't know anything about that? A. I didn't know that there was any money distributed or appropriated until after some of the members came to me and told me of it, and when I got there I didn't know anything about the amount of the money. Q. When were you told about the money, after election day or before? A. Way along the afternocn, almost night. Q. Of election day ? A. On election day. Q. Where were you all election day? A. 1 was around the polls. Q. Working for the good of the party ? A. Certainly. Q. You had a right to do that; what is your trade or business ? A. Most all kinds of work, job work. Q. What were you paid for your work election day ? A. I wasn't paid anything; I wasn't employed by no particular person. Q. You weren't paid anything at all for working around the polls election day? A. No,' sir; I took an interest in the Eepublican party to that extent. Q. How long have you been president of the Sherman Club? A. Just one year. Q. When were you elected president ? A. Last February, a year ago this last month. 52 410 Q. How many members in the club the d&j before election or election day ? A. Election day we had 110, so far as my memory serves me; I won't be positive; somewhere between 110 and 115. Q. The club consisted exclusively of Republicans; only Republicans in the club ? A. I supposed them to be such; took them to be such; I don't know what they voted. Q. Did they live in different election districts ? A. Yes, sir. Q. Or all in one election district ? A. Oh, no. Q. In different election districts ? A. Yes. Q. Were there members of the club appointed to have charge of the ilifferent election districts ? A . Yes, sir. Q. Men on the part of the club to have charge of the different election districts ? A. Yes. Q. Were these men who were members of the club to have charge of the members of the Sherman Club living in those different election districts ? A. How is that ? Q. Were those who were placed in charge of the different election districts as members of the Sherman Club, were they to look after the members of the Sherman Club that lived in those election disbicts over which they were placed ? A. Each one that lived in his own district was appointed to look after the men that lived in that district. Q. Was that man who was appointed to look after the men who lived in that district; was he the man who was to divide the money among them ? A. We didn't know there was to be any money to be divided. By Mr. Hibschbeeg: Q. What do you mean by saying there was a man in each district to look after the members of the club in each district ? A. If any mem- ber of that club should approach a man to get a ticket for him to show him how to fold it; to give him all such instruction as he could. Q. Nothing beyond that ? A. No; he wasn't instructed to inform him there was anything behind that, because none of us knew any- thing about it; didn't expect it. By Senator Endees: Q. About what ? A. About what he is speaking about in regard to any finances or- anything of that kind. By Chairman Roesoh: Q. You say you were doing any kind of work you could get around election day? A. No; I understood you to ask me what my general work was. 411 Q. Anything you could earn some money at? A. General work. Q. Were you doing anything election day at general work ? A. I had nothing to do. Q. Had nothing to do the day before election day? A. Yea, sir. Q. Where were you working? A. Down on the corner of Lander and Broadway. Q. Why didn't you work election day? A. Because I completed that work the day before ; election day T had nothing to do particularly. Q. You weren't paid for that day ? A. No, sir. By Mr. Gardnek: Q. You say you didn't know how much money there was until you got there in the afternoon, is that so? A. I didn't know that there -was any money there until after they came after me in the afternoon. Q. Where did you go when they came after you 1 A. I was down street. Q. Where did you go with them ? A. Went down town. Q. Whereabouts down town ? A. Down to the corner of Lander and Broadway. Q. To whose place ? A. Mr. Toohey's. Q. Who did you see there ? A. I saw the inmates of the house there. Q. Colored people live there ? A. No, sir. Q. You say you didn't count the money ? A. No, sir. Q. Who did? A. I don't know. Q. You were in Alsdorf's that day ? A. I was there after they came after me. ' Q. What time of the day did you go to Alsdorf's ? A. I couldn't say exa,ctly what time. Q. It was in the afternoon, wasn't it? A. Yes; good ways in the afternoon. Q. After the polls had closed? A. I didn't take no particular notice whether the polls were closed or not. Q. There were several in the house, weren't there ? A. There was Mr. Alsdorf, myself and Mr. Dawson; I don't know; there were quite a number in there; I don't just remember now. Q. How did you come to go to Alsdorf's that day? A. Because the party that came after me to tell me that there was some money there took me there. ' Q. Who was the party that came to tell you? A. His name is Freeman. Q. You went with Freeman to Alsdorf's house ? A. Yes, sir. 412 Q. When you got there you saw some money, didn't you? A. I saw some. Q. It was out on the table, wasn't it? A. Yes, sir. Q. You didn't count it, did you ? A. No, sir. Q. What was that money there for, can you explain ? A. I don't know what it was for no more than they told me it was a donation for the benefit of the club and they asked me wh^t I thought best should be done with it. Q. You say Dawson was there ? A. Yes, sir. Q. Was Pelhaiii there also ? A. I think not, but he was there before i came out; 1 think I saw him there before I went out. Q. Isn't it a fact that when you were there there were some of those colored men that received a part of that donation at the time you were there ? A. If they did I didn't know anything about it, what they were doing with it. Q. If they took it you don't know what they did with it, do you ? A. No. Q. You can't state whether they took it for their votes or not, can you ? A. I feel satisfied they didn't take it for no votes. Q. What did they take it for '? A. Th^y took it because they pro- posed instead of as I advised them to put it in the bank, they wanted to divide it up and take their share and use it for themselves. Q. That is ■vyhat your understanding was as the reason why they took part of that money? A. I supposed that was it; I didn't sup- pose they took it for any votes for that purpose. Q. How long did you stay there ? A. I suppose fifteen or twenty minutes, may be, along there; I don't know; I couldn't say. Q. Did you see James Dubois there in that room at the time you were there? A. There is two James Dubois'. Q. Will you swear neither one of them was there at the time you were in the room ? A. I don't remember of seeing either one of them. Q. You some time since were arrested, wern't you, in the city of Newburgh ? A. Since when. Q. Within the last year ? A. No, sir. Q. Last two years ? A. Possibly I was. Q. What were you arrested for ? A. I was arrested for nothing. Q. What were you charged with ? A. The charge was theft. Q. Theft of what, stealing what? A. Stealing whisky, but the point was, was it proven that I was guilty ? By Mr. Hibsohberg: Q. Was it proven? A. No; the man came in court and acquitted me; I paicT for the whisky before I took it and I was discharged then and there. 413 Q. There has been an election in Newburgh last week ? A. Yes, sir. Did the Sherman Club receive any donation then ? Ir. Gabdner. — I object. Q. There was no change of any kjnd, the majority of the city' of Newburgh was just the same. Mr. Gabdneb. — I object. A. Every one of the Sherman Club voted the Republican ticket just the same without any dollar, and I stood out in the cold and storm and I received no more at this election than I did last fall, and it was a pleasant day last fall. Q. Did you see any money paid last fall to anybody? A. No, sir. Q, At that house or anywhere else ? A. No, sir. By Senator Endbbs: Q. I heard you testify that when you got into Mr. Alsdorf 's room there was some money laying on the table and the remark was made what disposition to make of this money; that it was a donation; what did you tell them to do ? A. I advised them to put it in the bank for the benefit of the club, as it was so donated. Q. That is what you advised them the evening before election ? A. No,' sir; there was nothing said about money the evening before. Q. That is the only time you ever spoke about money ? A. Yes. Q. That afternoon of election ? A. Yes, sir. ^ Q. You reseived no part of that money that was laying there ? A_ No, sir. By Mr. Washbubn: Q. Did they put the money in the bank according to your advice? A. I can't vouch for that. Geobge E. Maboet, being duly sworn, testified as follows: By Mr. Hibschbebg: Q. Where do you live ? A. One hundred and forty-six Smith street. Q. What is your occupation ? A. Waiter. Q. In the city of Newburgh ? A. Yes, sir. Q. You have been engaged there how long? A. A little over two years. Q. Were you a member of the Sherman Club? A. Yes, sir. Q. How long have you been a member of the club ? A. Shortly after it was organized. Q. Were you a member in good and regular standing on the day of election last fall? A. Yes, sir. 414 Q. Did you receive any part of the doiiation that has been spoken of? A. No, sir. Q. You were in the club ? A. Yes, sir. By Senator Endkes: Q. Do yoQ know anything about any donation made to the club ? A. No, sir. Q. Were you present the day before election when Mr. Odell was there? A. Yes, sir. Q. Did you hear anything said then about donation ? A. No, sir. Q. Have you heard anything said since the election about any donation ? A. I have heard the newspaper talk. Q. Didn't hear anything on election day? A. No, sir; I wasn't around the polls. Q. You simply voted ? A. Yes. > Q. You received nothing for voting? A. No, sir. Q. At either of those three men's places, Alsdorf, Dawson and Pel- ham ? A. No, sir; I didn't see those at all on election day. > By Mr. Gakdneb: Q. Were you at any time promised a part of this donation as a member of the club ? A. No, sir. Q. By anybody? A. No, sir. Q. When is the first you heard there was a donation ? A. I heard lots' of people talking around; I suppose everybody in town heard it at the time I did. Q. Did you hear anything about it before this case came off ? A. I saw it in the Telegram the time Matthews made the statement; that was the first to my knowing anything about a donation. Thomas F. Ryan, being duly sworn, testi&ed as follows: By Mr. Hieschbbkg: Q. Where do you live ? A. Corner of Van Ness and Carpenter avenuet Q. In the city of Newburgh 1 A. Yes, sir. Q That is the Ryan of whom the witnesses have testified; the Ryan Club was organized for boodle; you kept a house there last fall? A. Kept a saloon there. Q. Were there any meetings there of a club known as the Ryan Club ? A. No, sir. Q. Was there any such club organized there to your knowledge ? A. No, sir. 415 Q. Or any other club ? A. There was one organized there as the Independent Democratic Club. Q. Was it organized? A. I don't know; they had one meeting. Q. Had you anything to do with it ? A. No, sir. Q. Who had the meeting there ? , A. I couldn't exactly name all that was there. Q. Who presided ? A. Therel was one man appointed as chairman, Philip Maher. Q. Was there anything said there about getting money? A. Not that I know of. Q. You would have heard it if there had been ? A. I wasn't in the meeting; they were in the back room off the bar-room. Q. How long were they there? A. I should judge about half an hour. Q. Never came there again ? A. No, sir. Q. None of them ? A. They came in and out for a drink. Q. They never came there to bold a meeting ? A. No, sir. Q. Was there any committee appointed to go out and at a subse- quent time to come there and make a report? A. Not as I know of; they never had a meeting after that night. Q. Do you know anybody by the name of Foley that was there at the meeting ? A. I know a young man by that name. Q. What is his full name ? A. There are two or three of them. Q. That was there at the meeting ? A. I couldn't say whether he was there that night or not. Q. Mention anybody that you can say was there ? A. I can't. Q. Was there any Foley there ? A. Not that I know of. Q. You say no club was ever organized ? A. Not as I know of any more than they had one meetiiig there; that is all. William Reillt, being duly sworn, testified as follows: By Mr. Hiesohbeeg: Q. Where do you live ? A. Newburgh; 242 Broadway. Q. Were you ttiere last fall? A. Yes, sir. Q. A voter ? A. I am. Q. Did you vote last fall ? A. Yes, sir. Q. Do you know Abram Gutchess ? A. I do; well. Q. Did you see in the newspapers a report that he had testified on this examination that you told him you had received twenty shillings for your vote from the Republican party ? A. I saw it in the news- papers, and when I asked him about it he said he would make an affidavit he never said such a thing. 416 Q. Is it true ? A. No, sir. Q. Did you tell him you had received twenty shillings from George Tygert ? A. No, sir. Q. Did you receive twenty shillings from George Tygert? A. No, sir; or from any other person. Q. And you didn't tell him that? A. I didn't; he says so himself. By Senator Bndbes: Q. He told you he was willing to make an affidavit ? A. He told me when I brought a letter to him, a letter of contradiction, that he said wouldn't sign it, because he said he never testified to such a thing in Albany; that he was willing to make an affidavit to; I came up here on this special purpose to-night. Joseph Etdell, recalled: By Mr. Hihschbekg: Q. Mr. Raiser testified- that Mr. Rydell stated to him that he had money enough to defeat his God damn man Lamont; did you make use of any such words to Mr. Baiser or to anyone else on election day last fall f A. No, sir. Q. Did you have any money at all that day ? A No, sir. Q. Did you use any money against Mr. Lamont or anyone else that day ? A. No, sir. Q. Did you have aiiy occasion to use anything of that kind? A. No, sir. Q. Did you have any talk with Raiser at all ? A. One or two words. Q. What ? A. We weren't very good friends. Q. No reference to Mr. Lamont ? A. No, sir. Q. Or to election ? A.. No, sir. Q. How long have you and he been unfriendly ? A. I never was much of a friend of his. Gross-examination : By Mr. Dimmick: Q. On your last examination you testified that no one but members of Lawson Hose went in the hose-house on election day ? A. I did. Q. Was that true ? A. There are not allowed there. Q. But they were there, were they not, other persons with members of Lawson Hose? A. I don't stay there all the time. Q. You saw persons there other than members ? A. No; I don't know particularly whether there was or not; parties came in and out. 417 Q. Persons other than members of that hose company came in and out there on election day? A. I suppose they did; they don't make a practice since this new ballot went in force. By Mr. Hiksohbeko: Q. Not electioneering? A. No; because they are very evenly divided. William Foshat, being duly sworn, testified as follows: By Mr. Hieschbekg: Q. Where do you live ? A. Newburgh. Q. Whereabouts in Newburgh ? A. No. 282 Washington street. Q. Did you live theire last fall ? A. Yes, sir. Q. Were the polls in the fifth district of the first ward held in your house 1 A. Yes, sir. Q. State whether or not you were at home that day ? A. I was at home all day. Q. Do you know Mr. Dieseroth ? A. Yes, sir. Q. He has testified there was a back room, in your house, back of the polling place, and that persons generally promiscuously had access to the polling place from that room ? A. Allowed nobody in but the inspectors; when they came in in the morning they generally put their overcoats in; we use it for a kitchen up and down, my wife does, to get things out of the closet. Q. Who, outside of the inspectors, had access to it that day ? A. Nobody — only myself and my family. Q. Did anybody go in the polling' place through that room outside of the inspectors, watchers, poll clerks and ballot clerks ? A. No, sir. Q. If there had been persons going in and out promiscuously, would y.ou have seen them? A. Yes, sir; and I would have put them out. Q. Are you positive nothing of that kind occurred ? A. Yes, sir. Q. Did you have any instructions to keep the place clear from out- siders ? A. Yes, sir. Q. From the inspectors ? A. Yes,, sir; the chairman. Q. Did you obey such instructions? A. Yes, sir; I wouldn't allow anybody in there anyhow; I don't rent it to the city — that apart- ment — only the store. Q. Only the store where the polls were held ? A. Yes. Q. The other part you reserve for yourself and your family? A. Yes. 53 418 Q. Nobody else had a right there ? A. No, sir. > Q. And, as matter of fact, didn't go there ? A. No, sir. Q. Did you see McChristen there ? A. Yes, sir. Q. What was his condition during the day ? A. He was all right. Q. And at night ? A. Yes, sir. Q. The same as the other inspectors ? A. I locked the door after that when they went out. Q. You saw him when he went out ? A. Yes. Q. Did he go out all right ? A. Yes, sir. Q. Straight and sober ? A. Yes, sir. Cross-examination. By Mr. Gardner: Q. Do you keep a store where the polls are held? A. No, sir; I don't keep no store. Q. What business were you engaged in? A. I am a musician. Q. You a Republican, vote the Republican ticket last fall? A. Generally on presidential election, usually do; in charter elections I generally pick my man. Q. You generally vote the Republican ticket ? A. Yes, sir. Q. Where were you last election day ? A. In the back room and upstairs. Q. In your back room and upstairs ? A. Generally upstairs. Q. Were you out doors that day ? A. Yes, sir. Q. Were you far frora the polls; were you within a block or two of the polls ? A. I went as far as the grocery store on the corner for my wife on errands. i Q. How long were you upstairs ? A. Five and ten minutes. Q. At a time ? A. About that. Q. During different times of the day ? A. Once in a while I would take a slip upstairs and back again. Q. While you were upstairs, as -you have stated, during those times; are you quite sure that there weren't persons promiscuously going in and out of the room below ? A. I left strict ordei's about that. Q. I am not asking you that; are you sure persons weren't going in and out of that room promiscliously in the room below while you were upstairs ? A. No; I don't think there was. Q. When you answered Judge Hirschberg that there were no pas- sage promiscuously by persons in and out of that room during that day, you meant to say while you were in the room or about the place below, didn't you ? A. I didn't allow nobody to go in the back room while I was there. 419 Q. You meant when you were there no persons passed in and out ? A. No, sir; there was not. / Q. That is the time you meant? A. Yes, sir; I was there about all the time, except I would run upstairs and down, Q. When you were upstairs you couldn't see ? A. No. Q. When you were out to the grocery store you couldn't see, could you ? A. No, sir. , By Mr. Hirschbebg: Q. Who did you leave in charge when you went upstairs and when you went to the grocery store ? A. Generally my wife was there. Q. You left strict instructions with her not to let anybody in ? A. Yes. Q. Your wife ia like all other wives, always obeys her husband ? A. Yes, sir. By Senator Endbes: Q. How long were you away during the day altogether ? A. I wasn't away. Q. An hour or so ? A. No; I wasn't away for an hour. Q. When you went to the grocery store and upstairs, how much did that amount to ? A. About fifteen or twenty minutes. Q. All told? A. Yes Jacob Herman, being duly sworn, testified as follows: By Mr. Hiesohberg: Q. Where do you live ? A. Seventh district of the first ward of l^ewburgh. Q. You are a brother of Fred Herman ? A. Yes, sir. Q. Were you* one of the watchers at the polls in that district on election day, last fall ? A. Yes, sir. Q. On page 107 of the minutes a witness testifies that you handled votes in that district, while they were being counted ? A. Nothing more than to straighten a pile up as it was falling over, to prevent its going to the floor. Q. State fully about that; whose pile was if? A. One'of the Repub- lican inspectors; Mr. Leonard, one of the Democratic watchers, went to catch for them the same I did; they were toppling over,' and would have gone to the floor if one of the two of us hadn't caught them; I am not certain whether I did it with my lead pencil or with my hand. Q. You didn't count any votes? A. I did not. 420 Q. You dida't really handle any of them? A. No, sir; not really handle them. Q. Did you observe that they were counted correctly ? A. Yes, sir. Q. Were they ? A. As far as I know. Mr. Gardner. — We would bring the attention of the committee to one fact, that there are several of these witnesses who have testified to facts which are not in contradiction of the tebtimony of the wit- nesses produced on the part of the contestant. Mr. HiBSCHBERtt. — This is in direct contradiction. Mr. Gardner. — It is not. The testimony of our witnesses on that subject was that this man han:lled ballots. A. I did not handle no ballots; Mr. Dickson says if he swore that way he swore false. Mr. Gardner. — That is handling ballots. I want to bring that fact to the attention of the committee. We had several witnesses sworn here that the committee did not pay their fees on the ground unless they swore to something that amounted to something they couldn't get their fees. Our witnesses testified that this man handled ballots while they were being counted. , He says in substance that he did handle ballots by having his hands on them. The Witness. — I didn't say I had my hands on them. I wouldn't swear it was my hand or pencil. Mr. Gardner. — That is negative testimony. Alexander Leslie, being duly sworn, testified as follows: By Mr. Hieschberg: Q. Where do you live ? A. Newburgb. Q. Were you at the third ward polls in the second district last fall ? A. Yes, sir. Q. In what capacity ? A. I was the poll clerk. , Q. Were you there all day? A. From the time of the opening of the polls. Q. Did you count any ballots ? A. Yes, sir. Q. How many did you count ? A. I think about thirty. Q. Were they divided between the three or four political parties ? A. The two. Q. You didn't count the Prohibitionist? A. The tiekets were all there, but they were counted by the Democrats and Republicans. Q. Those you counted, were they all one kind of tickets or promis- cuous tickets ? A. Promiscuous tickets. Q. Did you count correctly when you counted ? A. Yes, sir. Mr. Gardner. — We do not deny that. , 421 Mr. SiKscflBEEG. — We do not ask you to deny it. Mr. Gabdner. — We admit it. Q. Did the others that were there count correctly ? A. As far as I know. Q. Was the result correctly ascertained and certified to ? A. It was. Q. Were you present when the ballot box was opened that day? A. Yes, sir. Q. Did you hear the testimony of the other witnesses ? A. I read it. Mr. Gardner. — We admitted that at the last hearing. This illus- irates our contention. Mr. H1RS0HBEE&. — You admit the result was correct in that district? Mr. Gardner. — No, sir; nor he isn't swearing it was. Q. Did anybody else verify your account? A; Yes; the Democratic watcher; he looked over. By Mr. Gardner: Q. Those piles were counted separately? A. By each inspector; each one had a pile. Q. There was a poll clerk counting ? A. Yes. Q. Two of them? A. Yes; one of each party. Q. You didn't count after the poll clerks ? A. I was the poll clerk. Q. You didn't count after the other poll clerks ? A. No, sir; each had a watcher; they said correct; each watcher said "all right." Q. You didn't go over his ballots ? A. The one that was watching me hadn't no ballots. Q. You didn't go over the other poll clerk's ? A. No, sir. Q. - Or inspector's ? A. No, sir. , Q. All you know about its being correct is what they said ? A. All I know about being correct, is what I counted. Q. If you didn't count their piles you can not state as a fact whether they counted correctly ? A. Each one called off his pile. Q. If you didn't count the other inspector's pile, then you are not able to state whether they counted them correctly or not, are you ? A. No, sir; I am not. Q. Then you are not able to state whether the whole result was correctly announced, are you? A. As we each counted and added up, it brought out the correct count; it was admitted by the whole board it was correct. Q. That is the only way you know ? A. Yes, sir. By Mr. Hirsohberq:' Q. As the result was footed up, it balanced with what the outside vote should be ? A. Yes, sir. 422 Q. Each inspector and each poll clerk, as he counted, had a watcher of the opposite political party watching him, and verifying his count? A. Yes, sir. By Senator Endres : Q, Did it tally with your poll list? A. It did. William B. White, being duly sworn, testified as follows: . By Mr. Hikschbekq: Q. Where do you reside ? A. Lander street, Newburgh. Q. Did you live in Newburgh last fall ? A. I did. Q. Were you one of the inspectors of election in one of the districts of the first ward? A. Yes, sir; I was in the fifth district of the first ward. , Q. Were you chairman of the board ? A. I was. Q. State to the committee what was taken as the standard for the straight Republican and straight Democratic tickets in making your return ? A. The head of the ticket, with the Governor's name — Mr. DiMMicK. — We object to that; the returns show for themselves. Mr. HiRSCHBEKO. — They do not show that; they show how many straight tickets were returned. Senator Endres. — Let him answer. It won't do you any harm. Q. The number of votes cast for Governor Flower were called the straight Democratic votes ? A. Yes, sir. Q. And the number of votes cast for Mr. Fassett were called the straight Republican votes ? A. Yes, sir. Q. That is the reason why Lamont or Richardson may have got less votes than were returned as straight Democratic or Republican tickets? A. Yes, sir; we counted every ticket. Q. You counted each name separately? A. Yes. Q. If any one on the ticket received less votes than was returned as straight Democratic or straight Republican tickets, it was because the ticket was split ? A. Yes. Q. Did you return the split tickets, the samples; a sample of each split ticket? A. No, sir; we didn't understand the law that way. Q. Was McChristen there all day, the Democratic inspector ? A. Yes, sir. Q. What was his condition ? A. He was all right. Q. All day ? A. Yes, sir. Q. And at night? A. Yes, sir; he counted the same as the rest of the inspectors, only a little slower. 423 ' Q. That a matter of temperament? A. It was new business to him. Q. He was not as familiar with the business as the others ? A. No. Q. With that exception he appeared to count as well as the rest? A. Yes, sir; he was perfectly sober. Q. You have no doubt of it ? A. I have no doubt of it. Gross- examtnation: By Mr. Gardner: Q. The ballots you returned, yoa attached to the return, were the ' straight ballots ? A. I don't quite understand your qiiestion. Q. You attached to the returns straight tickets ? A. To the state- ment of canvass ? Q. Yes. A. Yes, sir; we attached the ballots. Q. The only ballots you attached were the straight ballots ? A. I think that was all; it is quite a while ago and I can't remember directly. Q. The ballots will show for themselves, of course, on examination whether they were in conformity with the law ? A. Yes, sir. Q. What did you do with the split ballots that you didn't attach ? A. I don't understand that question. Q. There were split ballots; all of them in fact, or at least none of them were attached to the return ? A. Do you mean all the split, thosei which had pasters attached ? Q, Yes. A. Yes, sir. Q. You didn't return any of them with the return, did you ? A. I don't think I did. Q. They were destroyed, weren't they? A. I am not' certain; I am quite positive they were though. " Q. Are you able to state as a fact the size of those split ballots which you are quite positive were destroyed, can you tell how wide they were ? A. They were the official ballot. Q. Are you able to state now how wide they were as a fact ? A. In appearance they were the same as the other ballot; if there had been any discrepancy we would have undoubtedly noticed it. Q. You are able to state they were as long as the other ballots ? A. I think they were; yes, sir. Q. If you should be shown some of those ballots you would be able to identify them, wouldn't you, now? A. I don't think I would. Q. If any of them were preserved do you think you could identify some of these ballots? A. I don't think I could now; no, sir. Q. Why? A. I don't think 1 could, because'it is a considerable while since I saw the ballots. 424 Q. Did you see all the ballots that were counted that night? A. No, sir; I didn't count them all; I saw them as the general pile of ballots. Q. Tou counted a separate pile by yourself ? A. Eac& inspector counted his pile. Q. If you didn't see all the ballots that night, then are you able to state they were all in conformity with the law? A. All the ballots I counted, to the best of my knowledge and belief. • Q. That you saw ? A. Yes. Q. You didn't see them all ? A. I saw them, but I didn't have them in my hand. Q. Did you particularly examine all of them ? A. No more than to observe that they were official ballots. Q. Are you able to state whether there were any marks on any of the ballots which you didn't count ? A. No, sir; there was none on the ballots I counted. Q. Were there any marks on the ballots you did not count ? A. That I don't know. Q. If there were any marks on the ballots, what was your duty to do under the law ? Mr. HiEscHBERG. — I object to that as immaterial. Mr. Gabdnbb. — I have the right to ask him as to his means of knowledge, his intelligence on the subject. Mr. HiBscHBEEG. — Go on. , Q. What was your duty, under the law, as inspectors, in the dispo- sition of the ballots which had marks on them? A. If any had marks on, I suppose they would be defective ballots. Q. What would you do with them? A. Whatever the law directed. Q. What did the law direct? A. I am not positive what it directs; I think they were to be marked on the statement of canvass and attached to the returns, for the supervisors to act on. Q. That is the impression you had at that time ? A. Yes, sir. Q. And it is your impression now ? A. Yes, sir. Q. If a ballot was not quite as wide as the official ballot, what dis- position were you to make of that ballot? A. It would be a defective ballot according to the law, as near as I remember. Q. If the ballot had a paster upon it, would that be similar to a ballot that didn't have one on; wouldn't that be a ballot of a certain kind, different from the straight ballot ? A. Certainly, it would be a different ballot. Q. Wasn't your understanding of the law at the time you made the return that you had to attich each kind of the ballot to the return ? 425 A. I didn't understand it that way ; I understand it only as a party ballot. Q. If there were ballots counted by the inspectors that night which were not in accordance with the law you didn't attach them ? A. There were none in the pile I counted, I am quite certain; I knew the law pretty well at the time, but my business is such I can't give attention every day to elections. ' Q. There may have been defective bfallots there counted that night for Mr. Richardson and you not know it ? A. I don't see how there could have been, there were competent watchers there. Q. The watchers may have made a mistake ? A. They didn't do the counting, they only looked over. Q. The other inspectors might have made a mistake ■? A. I suppose most anybody is liable to a mistake, yet the returns all footed up even. Q. The returns wouldn't show the way you made them, whether there were any defective ballots or not, would they? A. If there was a ballot more counted in a pile than should be there, it would be one more than the total vote. Q. Will you state as a fact that there were no ballots counted there that night by the board of inspectors which were defective or not in accordance with the law ; vrill you state as a fact that there were no defective ballots counted by the inspectors that night? A. I know I counted none. Q. Will you state as a fact that there were no defective ballots counted there that night by- any of the inspectors ? A. No, sir; I can't answer for the others. By Mr. Hibschbeeg: Q. If there were, as Mr. Gardner has asked you, defects in ballots which you didn't see and don't know anything about, you don't know whether it was or not ? A. What is that? Q. If there were any defective ballots, which you didn't see you are ncft able to say whether they were counted or not? A- No; , I thought every gentleman was competent to act as inspector. Q. Did you count correctly what you counted? A. Yes; I am positive. Q. The result was certified correctly, so far as your ballots were concerned ? A. Tes, sir. By Mr. O'Netl: Q. You were posted as to the law at that time ? A. Yes, sir. Q. Did you follow the law strictly ? A. I did, to the best of my knowledge and belief. 54 426 By Mr. Hieschbeeg: Q. There was no complaint made by the watchers that you didn't ? A. No, sir; they were all intelligent men. By Mr. Washburn: Q, Attached to that return is a regular straight Democratic ticket, and there is a memorandum, a party ticket, as you call it, and partly upon that ballot and partly upon the sheet to which it is attached- is the statement there were seventy-sis ballots like this received; do you remember the attachment of a ballot of that kind; there is a straight Republican ballot, marked as having been one of 138; state to the committee what you mean by that statement that there were seventy-six ballots like the straight Democratic ballot ? A. As I said before, the seventy-six, as I understood, were Mr. Flower's tickets. By Senator Endbes : Q. That was a straight ticket, containing all the Democratic candi- dates ; is that what you mean to testify to; the seventy-six ballots were seventy-six tickets containing the names of the entire Demo- cratic ticket ? A. That is what I testified to. Q. The Republican ticket the same way? A. Yes, sir. Q. Were any pasters on or any erasures on it ? A. I don't under- stand whether there was any or not; I can't testify to that, my memory doesn't recall it. By Mr. Washburn: Q. You know what is meant by a straight ticket? A. No; I don't know as I do. Q. Do you know what a split ticket is ? A. I understand the matter in a different light perhaps since you have spoken about it ; as I understood the law to read, it was the number of tickets that had been voted with a separate name of the party; that is, the Republican ticket might have been scratched and so on, and the Democratic the same, the Prohibitionist and the Labor, and Independent. Q. There were delivered to voters in that district official ballots containing the names of only Democratic candidates; such ticket is attached to your return, accompanied by a statement that there were seventy-six such ballots receiv.ed ; will you state what the meaning of that statement is? A. I didn't understand the law to say — Q. I ask for the meaning of that statement, as you certified to it as an inspector ? 427 By Senator Endres: Q. Who wrote out the return ? , A. Each inspector wrote out his own return, and then we all signed them. Q. Tou wrote out one ? A. Yes. By Mr. Washbukn: Q. This statement that there were seventy-six ballots like this received partly upon the Democratic^ State ticket, was a part of the return which you certified to as an iaspector; I ask you to tell the committee what that statement meant ? A. As near as I remember it meant there were seventy-six of such tickets cast for the head of the ticket; that is what I meant for it. Q. Seventy-six votes like that for Gc vernor ? A. Yes. Q. Without any regard to the rest of the ticket? A. Taking the head of the ticket as being the straight name; that is the way I under- stood it. By Senator Endbes: Q. That is your rule that you adopted 1 A. Yes. By Mr. Hibschbeeg: Q. If you said there were 138 ballots cast for the regular Republican ticket, you meant for Fassett? A; Yes. Q. A less number might have been cast for any other man on that ticket whose name was scratched off ? A. Yes. By Mr. Washburn: Q. Then that statement was not true that there were seventy-six tickets like this ? A. It was true, as I understand the law. Q. Ther6 strictly were seventy-six ballots containing the name of each and every Democratic candidate ? A. I didn't say that; I said the head of the ticket. By Mr. Hihschberg: Q. In your return as you signed it, you return 138 votes fof Fassett? A,. Yes. Q. He received 138 votes ? A. Yes. Q. You have returned 133 votes for Richardson; he received less votes than Fassett ? A. Yes. Q. His name was on Fassett's ticket ? A. Yes. Q. It was on the sample ? A. Yes. Q. Richardson didn't have 138 votes ? A. No, sir. 428 Q. He didn't have 138 votes of the same kind that that ticket showed ? A. No. Q. Because yoa took Fassett as the standard ? A. Yes. Q. And returned the other names separately, with the votes cast for them ? A. Yes. Q. You didn't mean there were 138 votes cast for every name on that Fassett ticket ? A. No, sir. By Mr. Washburn: Q. Then the statement was not true ? A. I understood it to be positively true. Q. You state positively there were 138 ballots like this ? A. For the head of the ticket. Q. It does not say so on the return, and the ballot upon which this statement is written contains the name of Mr. Richardson for senator, and you certified to the statement there were 138 ballots like this, one which contained the name of Mr. Richardson for senator, and you also certified in same return Mr. Richardson only received 133 ballots; is it possible for both of these statements to be true, exactly as they are made ? A. One hundred and thirty-eight meant it was a Republican ticket. Senator Endres. — Do you attack the returns in that election district? Mr. Washburk. — We do. Mr. HiESCHBEBG. — They attack the return, we want to show only how it was made. Mr. Washburn. — We are simply cross-examining the witness on the testimony he has given. Mr. HiRSCHBERG. — It it clear to the committee how it was done. Senator Endres. — I understand. EuGBNE Faebington, being duly sworn, testified as follows: By Mr. Hirschberg: Q. You are the other, the third, inspector of election from the dis- trict in which the last witness was an inspector ? A. Yes, sir. Q. Did you count a third of the votes ? A. I did. Q. Did you count all of the votes cast that day except those that were counted by Mr. White and Mr. McChristen ? A. I did. Q. State whether or not what you counted were correctly counted ? A. They were. Q. And whether or not they were certified in the return correctly ? A. They were. Q. For each candidate of each of the four parties ? A. Each and every one correct. 429 Q. Will you state what was adopted by the board as the standard for what they called straight tickets and was returned ? A. First we adopted, we thought we would take the head of the ticket, so many for Fassett; we called that the straight Eepublican ticket, and we counted the splits in with the regulars, just the same. Q. Gave each candidate what he goli ? A. Yes. Q. Is that the reason it appears some candidates received less votes than what was returned for the head of the ticket ? A. Yes. Q. Was Mr. McChristen there all day ? A. He was. Q. State what his condition was? A. He was, perfectly sober all day long. Q. And during the night while the vote was being counted? A. Yes, sir. Q. Anybody else count his ballots but himself? A. Nobody but himself. Q. Some evidence has been given here about Mr. Taylor calling attention to an error ? A. Mr. McChristen was counting and made a mistake, and the chairman called his attention to the mistake; I think it was on Lieutenant-Governor, and he counted the ballots over, and when he came to the ballots Jimmy Taylor told him there is where his mistake was, and another time he kind of knocked the ballots with his elbows, and Jimmy pushed them back on the table ; I stood right alongside of him. Q. What became of the split tickets ? A. That I ain't sure. Q. If they were not returned they were destroyed? A. We destroyed some there; ^e stood and watched them burn; I wouldn't say for sure whether we returned the split tickets or not. Q. Did anyone else besides the inspectors count the ballots? A. No, sir. Q. Did anyone else, except those entitled by law, come in there during the day or evening ? A. No, sir. Q. No one promiscuously from the back room ? A. No, sir. Gross-examination ; By Mr. Dimmick: • Q. Mr. Forshay came in and out ? A. Not through the polls. Q. Wasn't he out in the polling-room at all? A. I don't think he was out there unless he was called; I think I called him once. Q. Then he came out through the door ? A. He came out when I called him. Q. You only recall one occasion ? A. That is all. 430 By Mr. Hiesohberg: Q. What for did you call him ? A. There was a drunken man came in to vote, and I didn't want to leave him behind the railing, and I asked him to come in and put him out; and just at that somebody opened the door and told him to come out. John F. Colwell, being duly sworn, testified as follows : By Mr. O'Neil: Q. Where do you reside ? A. Middletown, 29 Grant avenue. Q. You lived there last fall ? A. Yes, sir. Q. Were you a ballot clerk at one of the polling places? A. Yes, sir. Q. At what polling place ? A. Second district, first ward. Q. Who were the other poll clerks ? A. Mr. Tator and Edgar Sproat. Q. Were you there when the ballots were counted ? A. Yes. Q. Did Mr. Sproat, who was a ballot clerk, take part in the count ? A. Yes, sir. Q. Do you know whether his count was verified by any of the inspectors ? A. I think they were. Q. Did they count them over after him ? A. Yes, sir. Q. Were the inspectors there during the day ? A. Yes, sir. Q. Was there any time when they were all absent at one time ? A. No, sir. Q. "Was there a time when there was but one there ? A. Some- times, at dinner time. Q. How long? A. Go for about an hour, something like that; time for dinner. Q. Who were the inspectors ? A. A. E. Mclntyre, J. Frank Cowell, and Sweeney. Q. Isn't it a fact there were times when none of the inspectors were there at all ? A. On registering day there was. Q. Isn't it a fact there wasn't any one there at all? A. There were times. . Q. What times were those? A. Along about noon. Q. Wasn't it before noon ? A. Sometimes. Q. Left the clerk there ? A. Yee, sir. Q. Did people register during that day? A. Yes, sir. Q. With no inspector there ? A. No inspector. Q Do you remember the majority in that district for Mr. Lament ? A. I think it was sixty |o sixty-five. 431 Gross-examination : By Mr. Washbubn: Q. What was your position at the polls ? A. Poll clerk. Q. Tou didn't see the ballots there when they were counted ? A. Yes, sir. Q. See any marked ballots ? A. Nothing more than a scratch; that is, the names. Q. Names scratched out? A. That was all. Q. Any peculiarity about the manner in which that name was scratched out in any case ? A. No, sir. Q. All scratched out exactly the same way? A. No, sir. Q. Did you notice any considerable number of ballots on which the candidate for justice of sessions had been scratched out? A. No, sir. By Mr. O'Neil: Q. What are your politics ? A. Democrat. Q. You voted the Democratic ticket ? A. Yes, sir. Q. And you were the Democratic poll clerk? A. Yes, sir. Heney Kuykendall, being duly sworn, testified as follows: By Mr. O'Nbil: Q. Where do you reside ? A. Summitville, Sullivan county, town of Mamakating. Q. What district? A. Third district. Q. What was your business there, last fall? A. Inspector of election. Q. Who was chairman of your board ? A. Mr. Bell. Q. Is he here ? A. Yes, sir. Q. Were you there when the ballots were received in the morning ? A. Yes. Q. Who brought them there ? A. Ed. Stanton. Q, Did you make an inspection of them? A. Yes, sir; and counted them over, Q. What did you find? A. Before we receipted for them wie counted the ballots. Q. Each one separately 1 A. Yes, sir. Q. What did you find ? A. We found them all straight. Q. Was the sample ballot there, the first (district, sent to your district? A. Yes, sir; we had the first district sample ballot. Q. Is it a fact the Eepublican official ballots were all properly indorsed? A. Yes, sir. Q. You know that ? A. Yes, sir.-^ 432 Q. Third district ? A. Yes, sir. Q. You were there all day ? A. Yes, sir. ■Q. Did you see John Erwin there ? A. Yes, sir. Q. What was his business? A. He didn't have any. Q. Was he a Democratic worker ? A. Yes, sir. Q. Is it a fact that during any time that day Mr. Erwin or anyone came to the inspectors or clerks and made complaint that the official ballots were not properly indorsed? A. No, sir; I think not. Q. No such complaint made ? A. No, sir; not that I heard of. Q. Was Mr. Erwin there that night when the ballots were counted ? A. Yes, sir. Q. Watching? A. Yes, sir. Q. Who else was there watching on the Democratic side ? A. He wasn't a watcher. Q. Did they have watchers there? A. Yes, sir; Charley Banks and Billy Boice. Q. -Were they there at the time the votes were counted ? A. Yes, sir. Q. Was there any question raised there as to the irregularity of the ballots? No, sir. Q. The ballots were counted by the inspectors ? A. Yes, sir. Q. Properly counted and correctly counted ? A. Yes, sir. Q. Where were you when you looked over the ballots? A. We were in where we voted. Q. Who brought the ballots there ? A. Ed Stanton. Q. Behind the rail t A. Yes, sir. Q. Was Erwin therei at that time ? A. Yes, sir. Q. Was Mr. Bell there? A. Yes, sir. Q. Was Mr. Stoddart there ? A. Yes, sir. Q. Was Mr. Tice there? A. Yes, sir; he was there. Q. You are willing to swear positively all the Republican ballots you saw were properly indorsed the third district? A. I counted them myself that morning; I made a mistake the first time, and made two short in the morning, and I went over them the second time. - Q. And you made a close inspection to see they were properly indorsed as well as the count? A. Yes. Q. You found them correct? A. In every respect; found nothing wrong about them at all. Q. What was the color of the official ballot; the Bepublical official ballot ? A. I don't know as I could tell the color exactly. By Mr. Hiksohberg: Q. The official ballots were all one color? A. Yes. Q. The sample ballots all one color ? A. Yes. 433 Q. Weren't the official ballots all white ? A. I think bo. Q. And the sample ballots a tinted color; brown, red? A. Yes, sir. Gross-examination : By Mr. Gardner: Q. In counting those ballots, did three of you participate in count- ing them in the morning ? A. Yes, sir. Q. You divided them in how many piles ? A. Each ticket was sepa- rate, in separate packages, Eepublican ticket, Democratic ticket. Pro- hibitionist; I counted the Eepublican ticket. Q. Can you give the indorsement as it was on the ballot now? A. It was printed on, the signature of the county clerk was written on. Q. State the indorsement ? A. Third district, town of Mamakating. Q. State it in the way in which it appear^^? ^ I don't know as I could. Q. Is that all that was on it ? A. That is all, I think, was on; just the county clerk's name and the number of the district and town; I think that was all that was on. Q. You can't think of anything else ? A. No, sir. Q. That was all there was on it ? A. I thiuk so. By Mr. Washbtjen: Q. Were you present at the town meeting a year ago this spring, in that town ? A. Yes, sir. Q. Were the baljots voted at that town meeting indorsed in the same manner ? Mr. 6'Neil. — We object to that as immaterial. The Witness. — I don't know as I could tell that. Harmon Tice, being duly sworn, testified as follows: By Mr. O'Neil: * Q. Where do you live ? A. Phillipsport, town of Mamakating, Sul- livan county, third election district. Q. What is your business ? A. Railroad man. Q. Did you have any occupation there last election day ? A. Yes, sir. Q. What was your position ? A. I was the Eepublican ballot clerk. Q. The fall of 1891 ?^ A. Yes, sir. Q. Were you there all day? A. Yes, sir. Q. Were you there when the ballots were received in the morning ? A. I was. Q. Were they counted over ? A. They were counted over. Q. Any question raised as to the irregularity of the ballot in any respect ? A. No; I didn't see nothing or hear nothing. 55 434 Q. Do you know John Erwin ? A. Yes, sir. Q. Where does he live ? A. He lives about a quarter of a mile west of me. Q. I mean the person that has been sworn upon this investigation ? A. Yes, sir. Q. You were here the night he was sworn ? A. I was. Q. Did you hear him testify that he came to the ballot clerks and made complaint the ballots were not regularly indorsed ? A. I heard him swear to that effect here. Q. Is that so ? A. He never came to our desk and made that com- plaint at all, not to my knowledge. Q. Who was your associate there ? A.' Barnard Pearl. Q. Did he make it in your hearing, any such complaint, or any other person ? A. No, sir. Q. Was there any question raised there that day by any person as to the regularity of the ballots ? A. Not to my knowledge. Q. Did you see the ballot you voted ? A. Yes, sir. Q. You voted the Republican ticket ? A. I suppose I did. Q. You know, you did ? A. I intended to. Q. Is it a fact your ticket was numbered correctly ? A. I ain't going to swear positive to that;. I can't remember it; I don't remem- ber whether it was district number three, one or two. Q. You would have remembered if there had been any such irregu- larity upon your ticket ? A. I think I would have took notice of it. Q. What was your business there, to see the tickets were regular and regularly numbered ? A. Yes. Q. You say positively Mr. Erwin made no such complaint to you or in your presence or hearing ? A. He did not. Q. Was Mr. Erwin there all day? A. Except when he went to his dinner. ' Q. Was he there in the evening when the ballots were counted ? A. He was. Q. Did he raise any question then as to the irregularity of the bal- lots ? A. Not to my knowledge. Q. Did anybody raise any question ? A. Not to my knowledge. Q. Were the ballots regularly counted ? A. Yes. Q. And accurately counted ? A. I .suppose' they were; there was no complaint found. Gross-examination. By Mr. Gardner : Q. Were you there all day ? A. I was there all except about half an hour. 435 Q. When was it ? A. Dinner time. Q. During that time Mr. Erwin might have made objections and you not know it ? A. I don't know anything about that, when I was to my dinner what transpired. By Mr. O'Neil: Q. ¥ou are positive he made no such objection when you were there ? A. I will swear positive when I was there he made no such remark, not to our desk where I was stationed. Q. Who was next to you? A. Mr. Pearl. Q. Who was the inspector nearest you ? A. John W. Bell. By Mr. Washbdrn: Q. Were you the ballot clerk nearest to the inspector ? A. I was the ballot clerk nearest to the foreman of the board, John Bell. Q. Would it have been possible for Mr. Erwin to have any conver- sation with Mr. Bell that you didn't hear ? A. There a- e possibilities. Q. Do you thinkj you heard every word of conversation that passed between Mr. Bell and every other man who came to the polls ? A. I didn't hear to anybody. Q. Did you hear every word that Mr. Bell said and every word that was said to Mr. Bell that day ? A. Oh, no. John W. Bell, being duly sworn, testified as follows: ByMr. O'Neil: / Q. Where do you reside ? A. Phillipsport, Sullivan county. Q. Do you vote and live in the third election district in the town of Mamakating ? A. 'Tes, sir. Q. Tou were inspector in that district last fall ? A. Yes, sir. Q. Were you chairman of the board ? A. Yes, sir. Q. Do you know John Erwin? A. Yes, sir. Q. You know him well ? A. Yes, sir. Q. He is what you call a sterling Democrat? A. He is. Q. And a worker ? A. Yes, sir. Q. Was he there during election day ? A. Most of the day. Q. What was his business there ? A. He was working around the polls. Q. Was he there when the votes were counted ? A. I think he was. Q.- Did he during that day say to either you or to any person in your presence, that the official ballots were not properly indorsed and numbered ? A. No, sir; he did not. Q. 'You would have known it if he said it; did anybody question the regularity of the ballots that day ? A. No, sir. 436 Q. Did any one say that ballots were not properly numbered ? A. No, sir. Q. Did any one say you had the ballots that belonged to the first election district ? A. No, sir. Q. Did you hear any question raised as to the regularity of the ballots until Mr. Erwin was sworn here ? A. I did, three or four weeks after election. Q. By whom ? A. By J. D. Boice. Q. It is a fact, isn't it, that the sample ballot from the first district was sent to your district and your sample ballots w;ere sent to the first district? A. The sample ballots, I don't know that I noticed the indorsement on to them. Q. You voted there that day ? A. I did. Q. Tou looked at the Kepublican ballot? A. Yes, sir. Q. State whether or not they were indorsed for the third district ? A. I can't answer positive that they were. Q. To the best of your judgment? A. To the best of my judgment the ballots were all right. Q. If they hadn't been all right you would have, been apt to have noticed it ? A. Yes, sir. Shaplet W. Stoddaed, beiog duly sworn, testified as follows: By Mr. 6'Neil: Q. You live in the town of Mamakating, county of Sullivan, and third election district in that town ? A. Yes, sir. Q. You did last fall and voted there ? A. Yes, sir. Q. What ticket did you vote ? A. Bepublican tfcket. Q. Straight ticket ? A. Straight ticket. Q. Did you notice your ballot to see whether it was properly indorsed or not ? A. I did. Q. What did you find? A. I found the third district; it was indorsed the third district. Q. Were you there when the ballots were brought there in the morning by Mr. Stanton ? A. I was there some time before the polls were opened, but I did not see the ballots brought there; I saw them there before the package was opened. Q. Did you see the inspectors and clerks arranging those ballots ? A. Yes. Q. Saw them open ? A. I am not positive I saw them open. Q. Did you see the indorsement on the back of the Republican ticket? A. Yes. Q. Were they properly indorsed ? A. Yes. 437 Q. The third district received the sample ballots that belonged to the first district? A. I didn't see it. Q. When was jour attention first called to the fact that the sample ballots wete changed ? A. I think when the first witnesses came to Albany, when Mr. Erwin and Mr. Bell came here. Q. You are positive you noticed several of the Eepublican ballots and the number of the district was properly indorsed on those ballots ? A. Yes; there has been a question in my mind, I had been talking with my wife a few days before. Q. Why was your attention directed particularly to the number of the district indorsed upon the ballot ? A. In explaining the matter to her I found I did not know the number of our election district, whether it was number two or number three, and when I first saw the ballots opened that morning I noticed the number of that dis- trict, and that settled the question in my mind. Q. You noticed because you wanted that information? A. Yes. Q. That morning you didn't know ? A. I didn't know until I saw it on the ballot. Q. Did you looked at several Eepublican ballots ? A. I looked at a number. Q. How many ? A. Probably from fifteen to twenty to twenty-five. Q. They were all indorsed ? A. As 'far as I saw. Q. You looked particularly you say to see whether the number of the district was properly indorsed on them ? A. Yes, sir. Q. You found them right ? A. All that I noticed. Q. Those were Eepublican ballots? A. Yes. Q. All one color ? A. I think they were all one color, all white. Gross-examination : By Mr. Gtaednee: Q. Will you state what the indorsement was on the ballot ? A. I couldn't give the indorsement word for word what it was. Q. State as much as you can ? A. I think .the official ballot, third district, town of Mamakating, and the fac simile of the name of the county clerk, on it. ' Q. You say the first your attention was drawn to it was when the witnesses were sworn here to Albany ? A. The first my attention was called to the fact the sample ballot was wrong, I did not see the sam- ple ballot. Q. How long after did you talk to your wife about seeing this indorsement? A. My conversation with her was before election a day 438 or two; she asked me where theother voting places were, and I told her and we were talking something in regard to the number, and I found I was not certain of the number of our own election district, and when I saw the number upon the ballot my uncert'ainty was removed. , Q. Did you look at any other ballots except the Eepublican ? A. I did. , Q. Were they all correct? A. They were all correct, all that I saw. Q. Was it after or before they commenced to vote ? A. Before they commenced to vote. Q. Didn't look at any except the one that you voted after they com- menced to vote ? A. No, sir; that was the only one I saw after the voting was opened. Q. Tbu are quite sure of that? A. Yes, sir; I voted the first ticket that was given out and left immediately. Q. Where were the ballots that you did see ? A. The first that I saw in looking over when one of the inspectors was counting, I stood a little behind him, and I looked over his shoulder, and the next was on the table of the ballot clerk, just before the polls were opened. Q. You stood over the inspectors while they were counting them ? A. I stood behind one of them. Q. About how many did you see ? A. I couldn't say how many I saw of his. Q. How many did you see altogether ? A. I might have seen fifty altogether, but of the • Republican party, and one other which I can not say; those counted by Mr. Kuykendall and one other; I saw from fifteen to twenty-five of each of them. The committee then adjourned to Tuesday, March 15th, 1892, at 7.30 p. m. Tuesday, March 15, 1892 — 7.30 p. m. The committee met pursuant to adjournment. Present. — Chairman Roesoh and Senator Endkes. John H. Chapman, being duly sworn, testified as. follows: By Mr. Hiesohbeeg: Q. Where do you live 1 A. City of Newburgh. Q. Were you one of the inspectors of election at the election last fall in the city of Newburgh ? A. I was. Q. What district and what ward? A. Second district of the third ward. 439 Q. That is a Eepublioan district ? A. Always been so. Q. Were you the Democrat inspector in that district ? A. Demo- cratic inspector. Q. You have always been a Democrat ? A. ¥es, sir. Q. Who were the ballot clerks in that district ? A. Henry M. Wareing and George Smith. Q. Do you remember who the watchers were ? A. No; I do not; the watcher who was over me was the name of Tucker. Q. Did you see any of the watchers count the ballots in that district ? A. Not to my recollection I did not. Q. You would have been able to have seen it if it occurred ? A. I was busy counting the ballots; I don't remember taking notice of it. Q. Were you so busy counting ballots you couldn't have seen that ? A. I don't recollect seeing it done. Q. You would have been apt to have seen it ? A. Probably would. Q. As far as you saw it they didn't ? A. No. Q. The ballot clerks counted ? A. Yes, sir. Q. And the inspectors 1 A. And the inspectors. Q. So far as you counted was the count correct ? A- ^es, sir. Q. 'And correctly certified in the, return? A. Yes; the watcher was satisfied with my count. Q. TheVe has been considerable evidence given about the opening of a box in that district; did you read the testimony that was given on that subject? A. I did. Q. By the chairman of the board ? A. Yes, sir. Q. State whether or not your recollection of the occurrence accords in all respects what he testified to ? A. I can vouch for his testimony being correct as far as I remember. Q. And what was done was done with your consent ? A. It was. Cross-examination : By Mr. Gaedneb: Q. The poll clerks counted that night the ballots? A. Yes, sir; they assisted in counting the ballots. Q. The system of counting was to divide the ballots in piles, each one counted a pile ? A. Yes. Q. Didn't count over the piles of the others ? A. No, sir. By Mr. Hirsohbbeg: Q. When you speak of the poll clerks you mean the ballot clerks ? A. Yes, sir. 440 Q. That practice has always prevailed in that district, has it not ? A. Yes, sir. Q. Did you return the split tickets ? A. No. Frank J. Bankon, being duly sworn, testified as follows: By Mr. Hiesohberg: Q. Where do you live ? A. Seven Cottage place, Newburgh. Q. Were you a resident of Newburgh at the last election in the fall? A. Yes, sir.. Q. Did you perform any services in one of the districts of the ,city? A. One of the ballot clerks of the fifth district »f the first ward. Q. Who was the other ballot clerk in that district? A. George W White. Q. Did you count any of the ballots ? A. No, sir. Q. Did the other ballot clerks count any of them ? A. No, sir. Q. Were all the ballots in that disctrict counted by the inspectors ? A. Yes, sir. » Q.. Did you pay any attention to the count? A. No, sir. , Q. Do you know Mr. McChristen ? A. Yes, sir. Q. He was one of the inspectors in that district? A. Yes,»sir. Q. Were you there all day ? A. Yes, sir. Q. Were you where you could see Mr. McChristen ? A. Until they counted the ballots at night. Q. Could see his condition ? A. Yes, sir. Q. What was his condition as to sobriety ? A. To the best of my knowledge he was sober. Q. Have you any doubt about it ? A. No, sir. Q. Did he do or say anything that indicated he was not entirely sober? A. No, sir. Q. The entire day ? A. No, sir. Q. When did you leave the polls ? A. When we got done counting the ballots. Q. You were there until he got through counting at night ? A. Yes, sir. Q. Was he sober all that time ? A. To the best of my knowledge he was. Q. Did he count with the others ? A. Yes. Q. Appeared to count correctly ? A. Yes; only a little bit slower, and green at the business. 441 Oross-exmiination : By Mr. Dimmiok: Q. Tou made up his return for him ? A. Part of the return. Q. Why did you do that, because hje requested you ? A. Tes. Q. There was a room in the rear of this poll? A. Tes, sir. Q. Did the officers of the poll visit that room that day? A. Tes, sir. Q. Do you remember Mr. Maher going in?. A. Tes, sir. Q. Do you remember a dispute or discussion about what he did after he got in there ? A. Tes, sir; he was sent there by Mr. Farrington. Q. One of the inspectors ? A. Tes, sir. Q. Mr. White, another inspector, found fault? A. Going through his pockets, looking for a drink. Q. Getting a bottle out of his pocket and taking a dpnk ? A. Tes; he didn't find the bottle, Mr. Farrington sent Mr. Maher in the back room to get a drink; told him the bottle was in his pockets; Mr. White saw him going in and going through his pockets, and found fault with him. * Q. Did McChristen Visit that room that day? A. Certainly did; he had to go through there if he had any call in the yard at all. By Mr. Hirschbekg: Q. Who sent Maher in the back room 1 A. Mr. Farrington; one of the inspectors. Q. Mr. Maher was a Democratic watcher ? A. Tes, sir. Q. Did he say he wanted a drink? A. Tes; he asked him if he had anything; he told him to go in there to a certain coat, his coat; and he would get a drink; that coat belonged to Mr. White, and. he caught him going through it. Q. Did he find anything in it ? A. No, sir; not to . my knowledge. Q. Maher was sober? A. To the best of my knowledge he was. Alanson H. Topping, being duly sworn, testified as follows: By Mr. Hieschbbeg: Q. Tou live in the city of Newburgh ? A. Tes, sir. Q. Were you last fall one of the inspectors of election in the fourth district of the first ward. A. Tes, sir. , Q. Who counted the ballots in that district, the inspectors or the inspectors and ballot clerks, or the ballot clerks ? A. The inspectors of election. Q. Alone? A. Tes. Q. The clerks did not count in that district? A. They did not. 56 442 Q. Is it true the watchers handled the ballots at all ? A. I didn't see them. Q. Were you in a position to see them if it occurred ? A. I was to the table and took charge of the counting. Q. Are you able to say they did not participate in the counting ? A. I am able to say they did not participate in the counting, officially; they might have verified the count of somebody that sat next to them, counted them over to satisfy themselves it was correct. Q. Have you any recollection they did that? A. I haven't any recollection of even that.- Q. Were there some split tickets voted in your district? A. Tes,sir. Q. Were they returned by you or destroyed? A. They were destroyed with the other voted ballots. Q. Then the difference between the entire vote in that district and the number of ballots attached to the return is accounted for by the split tickets ? A. Yes, sir; the split tickets were returned with the voted ballots. Gross-examination : By Mr. Gabdner: Q. Will yOu swear positively that John Valentine, a Democratic watcher, didn't count the ballots that night in a separate pUe assigned to him? A. I will swear he didn't count any ballots officially. Q. I am not asking you to say whether officially or not; will you swear he didn't count a separate pile of ballots? A. To the best of my knowledge I will. Q. Tou won't swear he didn't ? A. I don't see how he could and me not know it. . Q. He was engaged in counting ? A. Not to my knowedge. Q. Did he handle ballots at all ? A. Not to my knowledge he didn't. Q. Will you put yourself on record as saying that he didn't posi- tively ? A. No; I wouldn't do that, because I explained that. / Q. You were at my office once some four or five weeks ago? A. Yes, sir. Q. And asked to make an explanation of the discrepancy that appeared in the returns ? A. Yes, sir. Q. Were you asked by me whether it was proper in your opinion to attach a sample of the split ballots voted to the return ? A. Yes, sir. Q. Do you remember the reply that you made ? A. The reply that I made was, therei were sixty-eight or about that split tickets, and 443 > » there were no two alike, and it would be an impossibility to attach the sixty-eight to all three of the returns. Q. Then you didn't make this reply, or this in substance, that split tickets be damned ? A. No, sir; I did not. Q. Nor that reply was not made by your associate there that day ? A. It was not. Q. You certified in your return ? A. I will explain that statement you are trying to drive at. Q. You signed the return as one of the inspectors ? A. Yes, sir. Q. You certified that there were 103 straight Democratic ballots voted, didn't you ? A. No, sir. Q. How many did you certify ? A. Seventy-nine, if I certified any. Q. It was the fourth election district of the first ward ? A. Yes. Q. You certified Flower had 103 ? A, I thought you were referring to the senatorial candidate; Flower received 103 in straight. Q. You attached a sample ballot to the return ? A. Yes, sir. Q. That ballot was a straight ballot ? A. Yes, sir. Q. You certified there was 103 of that character voted, did you not ? A. That I don't remember; I can't remember what I did certify to. Q. If you did certify, as a matter of fact, that there were 103 voted of that character, then Mr. Lamojit received 103 votes, didn't he ? A. If I certified that there were 103 straight ballots for Flower, then, naturally, Mr. Lamont would receive 103 straight votes. Q. Why didn't you credit him with 103 votes instead of ninety-five ? A. Because he wasn't entitled to them; seventy-nine straight Demo- cratic tickets. Q. Then your certificate was false ? Mr. H1BS05BEE&. — I obect to that. The certificate shows there were seventy-nine straight Democratic; straight Republican, 148. Q. I am asking the witness what he testified to ? A. I don't remem- ber what I did put on the return; I presume what I put on the return! was right; that is, in my way of thinking; there were only seventy- nine straight Democratic votes anyway, and 148 straight Republican, and seven straight Prohibitionist. By Chairman Roesch: Q. What are you looking at ? A. A memorandum from the official canvass that night. Q. Made by whom ? A. Made by me as chairman. Q. When ? A. I made this memorandum before I came away; took it from the sort of a tally-sheet that I kept myself that night; hete is the tally-sheet I made that night. 444 * Q. Tou took the memorandum from the tally-sheet ? A, Yes. Q. Both are in your handwriting ? A. This isn't a tally-sheet, only my own tally-sheet. Q. Both are in your handwriting ? A. Yes, sir. By Mr. Hieschbeeg: Q. Some inspectors have testified here that they took the standard for straight Eepublican and straight Democratic tickets from the vote cast for the highest candidate for governor, you did not ? A. No, sir. Q. What did you call the straight ticket ? A. I call a straight ticket an official ballot that hasn't any erasures or changes on it at all; that was voted as it was printed. Q. There were sixty-eight more that were split ? A. That were split. Q. As to Mr. Valentine's counting, can you state positively if he counted any of the ballots; it was supplementary and in addition to the counting of the inspectors ? A. Yes, sir; I can; the three of us counted them. Q. The three inspectors counted all the ballots ? A. I counted every ballot myself. Q. And the return was certified from the account so ascertained by each and all of the inspectors ? A. Yes, sir. Q. They all agreed ? A. All agreed. Q. There was no return made from any count by Mr. Farrington ? A. No. Q. Did Mr. Gardner send for you to come to his office ? A. No, sir; Mr. Sandsbury was the Democratic inspector, and I was down- town with him, and Mr. Gardner had been looking for him, as he under- stood it, and I happened to drop in with him. Q. Wasn't it Mr, Gardner that made the remark, " Split tickets be damned ? " A. There was no such remarks maide. Q. He would have been more apt to have made it ? A. I should think he would, and I think he would quicker than I would. RoBEET J. Hill, being duly sworn, testified as follows: By Mr. Hieschbeeg: Q. You reside in the city of Newburgh ? A. Yes, sir. Q: You are one of the other inspectors in the same district as Mr. Topping ? A. Yes, sir. Q. Did you hear his testimony ? A. I heard what I could of it. Q. State who counted the ballots ? A. Mr. Topping, Mr. Sandsbury and myself, the three inspectors. 445 Q. Did each of you count all the tickets ? A. Each of us counted all the tickets. > Q. State whether or not your count agreed ? A. It did. Q. Was the result certified from the agreed count of all three inspectors? A. Yes. Q. Did the watchers or ballot clerks share in the counting ? A. Not to the best of my knowledge. Q. If any of the watchers did any of the counting, was it in addi- tion to the counting of the inspectors ? A. If they did it was to verify our account, but the official count was made by us. Q. Tou don't recollect they counted at all ? A. I do not. Q. Tou know the fact the split tickets were not returned 1 A. Yes. ,Q. There were sixty-eight split tickets? A, Yes, sir. Q. You verify his statements then ? A. Yes, sir. ' Mr. Gabdneb. — That is all. ' William H. Hallook, being duly sworn, testified as follows: By Mr. Hibsohbeeg: fi. Where do you live ? A. 352 Washington street, Newburgh. Q. Were you one of the inspectors in the seventh district of the first ward last fall ? A. I was. Q. Who were the ballot clerks in that district ? A. Greorge Mont- gomery and Max E. Bastian. Q. State whether the ballot clerks counted the ballots ? A. They didn't count the voted ballots; they merely made out their returns of the unvoted ballots. Q. Who did count the voted ballots? A. The inspectors of election. Q. Did each count them all ? A. No, sir. Q. Each counted their own pile ? A. Yes, sir. Q. Subject to the inspection of the watchers? A. Yes, sir. Q. Did the result agree ? A. Yes, sir. Q. With the whole amount of votes 1 A. Yes, sir. Q. You are positive neither the watchers nor the ballot clerks counted the voted tickets ? A. Yes, sir. Mr. Gabdneb. — No questions. William N. Beggs, being duly sworn, testified as follows: By Mr. Hibsohbeeg: Q. Wher« do you live ? A. One hundred and thirty-seven Water street, Newburgh. 446 Q. Were you a resident of Newburgh last fall ? A. Tes, sir. Q. State whether br not you were an inspector of election at that election ? A. I was . Q. What district ? A. First district of the third ward. Q. Who were the ballot clerks in that district ? A. Arthur M. Johnson and Max Samuels. Q. Mr. Samuels has been examined as a witness ? A. Yes. Mr. HiESCHBERG. — Mr. Johnson is not able to be out, and I would ask the committee's permission to take his affidavit to the fact that what he counted was counted correctly. He was subjected to an operation two or three years ago of tracheotomy. Mr. Gardner. — We will admit he would swear to it, but we won't admit it as a fact. Mr. HiESCHBEEG, — Wc will file an affidavit to that effect. Senator Endkes. — He can leave the affidavit. Q. Did the ballot-clerk count part of the ballots'? A. They did. Q. Has that been the practice in that district? A. Yes, sir. Q. Did the result agree with the total number? A. Yes; there was a watcher back of each one of those men. Q. A watcher examining their count the same as the inspectors? A. Yes. Q. Did they count what they counted under the direction of the inspectors? A. Yes, sir. Q. And the result was adopted by the inspectors ? A. Yes, sir. Q. Was the result correct, so far as you know ? A. Yes, sir. Q. In every respect ? A. In every respect. Q. You counted your own ? A. Yes, sir. Q. And counted them correctly 1 A. Yes. Q. And have no reason to doubt the others did the same ^ A. None whatever. Q. The gross amount of each county corresponded with the total vote polled on each candidate ? A. Yes, sir. Q. Did you return the split tickets from your district? A. No, sir; they were burned up. Q. How many were there, do you remember ? A. No, sir. Q. The return shows forty-nine ? A. Whatever the return shows was correct. Q. The returns were afterward sent back for correction by the board of county canvassers, and you and the other inspectors made an affidavit there were forty-nine split ballots that were destroyed? A. Yes. Q. That is true ? A. Yes. 447 Q. That accounts for the apparent discrepancy ? A. Yes. Q. The split ballots were of all sorts? A. Yes. Q. Sometimes a single split ticket by itself? A. Yes. Q. So you couldn't annex that to each one of three returns ? A. No, sir. Gross-examination : By Mr. Dimmick: , Q. Were you present at all the registry days ? A. Yes. Q. Was the full board present at the registry days ? A. I think they were; yes, sir. Q. Did you register any person that didn't appear personally on registry day? A. No, sir. > By Mr. Gabdneb: Q. You are not able to state whether the other inspectors and bal- lot clerks counted correctly their ballots; are you? A. They had a watcher back of them. Q. Are you able to state now whether they counted their piles cor- rectly or not ? A. Of course, I didn't count their ballots. ) Q. Then your answer is, no, sir ? A. I didn't count their ballots. Q. Your certification as to the correctness of the returns was partly based upon an assumption on your part that they had done their duty ? A. No; there was a watcher back of them. Q. An assumption they had done their duty; you had no personal knowledge of the fact that the return was correct; did you ? A. I took their word for it. Q. So you had no personal knowledge? A. Of course, I didn't count their ballots. It is stipulated that the testimony of Arthur Johnson as to the correctness of his count may be supplied by his affidavit. Mr. GAEDNEB.^In order to expedite this examination, we are willing to admit that every inspector in pvery district where we claim there was a discrepancy appearing upon the face of the return, on those districts where we claimed in making our case that either the ballot. clerks or watchers counted ballots, that the inspectors in each and every one of those districts will swear to the fact that their count was correct; that will expedite this examination. Senator Endees. — You mean so far as subpoenaing no more witnesses on that branch of the case ? Mr. Gaednbe; — Yes. Mr. HiEscHBEEG. — Will you admit they did count correctly ? 448 Mr. GrABDNER. — I will admit all you can accomplish by putting them on the stand. Joseph A. McDonald, being duly sworn, testified as follows: By Hibsohbeeg: Q. Tou were one of the inspectors of election last fall, in the city of Newburgh, in the first district of the third ward ? A. Yes, sir. Q. Did you count correctly inch ballots as you counted ? A. Tes, sir. Q. Do you know of the fact there were forty-nine split tickets ? A. Yes, sir. Q. Which were not returned in the memorandum ballots attached ? A. They were not. Q. But they were destroyed ? A. Destroyed. Q.' Split tickets of all kinds ? A. Yes, sir. Q. "Was all the counting in thstt district done correctly so far as you could ascertain or discover ? A. Yes, s,ir; it was. Mr. Gardner. — :No questions. Thomas Harrington, being duly sworn, testified as follows : ' By Mr. Hibschbebg: Q. You heard the testimony of Mr. McDonald ? A. Yes, sir. Q. State whether or not you can verify his statement in respect to yourself ? A. Yes, sir. Q. You counted correctly ? A. Yes, sir. Q The returns were correctly ascertained and returned ? A. As he has spoken. Q. You were an inspector in that district last fall ? A. Yes, sir. Q. Did watchers assist at all in countii\g ? A. No, sir. Q. None of them ? A. None of them. Q. That you are positive of ? A. That I am positive of. Philip Maheb, being duly sworn, testified as follows: By Mr. Hieschberg: Q. Where do you live ? A. Three hundred and seventeen Wash- ington street, Newburgh. Q. Did you reside in the city of Newburgh last fall ? A. Yes, sir; I lived in Van Ness street then. Q. Where in Van Ness street did you live last fall ? A. Between Lutheran street and Carpenter avenue. Q. Do you know where James F. Eyan's place is ? A. Yes; corner of Carpenter avenue and Van Ness street. 449 Q. Some evidence has been giten here as to the organization of an independent club last fall at Eyan's place, on the corner of Carpenter avenue and Van Ness street; do you recollect that fact? A. Yes, sir; an independent Democratic club. Q. When did it meet there; how long before eleetion ? A. It met there Tuesday before election. Q. Were you present at the meeting ? A. Yes, sir. Q. Were you the chairman of the meeting ? A. Yes, sir. Q. I read from the testimony of John J. Eaiser, at page seventy-five of the minutes, he states that you as chairman of the meeting made a speech ? A. I did nothing of the kind. By Senator Endbes: Q. Can you make a speech ? A. No, sir. By Mr. Hibsohbkbg: Q. He was asked what did you state, and he said you stated the meeting was called for the purpose of organizing an independent club, the object of the club was that they had been voting for some time and never received any pay, and now they desired to vote for the party that paid the most money; did you make any such speech as that ? A. No, sir. Q. Did you use any words to that' effect ? A. No, sir. Q. Any words which Mr. Eaiser could construe into anything of that kind? A. I told Mr. Eaiser there was a meeting called for the Friday night previous, and we went there, about four or five only of the men; Weaver told me some of them had got a little money; he says, " I don't know as they hav^gpt over ten dollars — unless it was to stay away from the meeting," and I told those that were there " I am done." Q. You didn't say anything of the kind which he has testified to here ? A. No, sir. Q. He also says a committee was appointed to wait upon both parties, to wait on Foley, to wait on Doyle or Tygert; was that true ? A. No, sir; there was no committee appointed at all. Q. And no committee did wait on both parties or either of them ? A. No, sir. Q. Did any committee make a report subsequently ? A. No, sir. Q. Was there ever a subsequent meeting ? A. No, sir. Q, He says there was a report afterwards made, which may be true in fact, that the Democrats were no good and the Eepublicans were fairly good; was there anything of that kind reported? A. No, sir; they had just the one meeting Tuesday night. 57 450 Q. He further testified that you told him you got ten dollars; was that true? A. No, sir; I never handled a political dollar in my life; aint that kind of a man. Gross-examination : By Mr. Gardner : Q. How many were there that night? A. I didn't count them; there might have been twelve or fifteen. Q. How did you come to go there ? A. They had been asking me for a month before that whether I would join that club, and I told them no. Q. Who asked you? A. McCloy boys, Donnelly and several; that was the first club I ever belonged to; I told them before it was organized it wouldn't last. Q. You were the president, were you ? A. Elected president tem- porarily; I told them I was going to move out of the ward. Q. Who was the secretary ? A. A young man named Donnelly. Q. Who was the treasurer ? A. John McCloy. Q. If there was any money received by the club the treasurer got it ? A. There was no money received. \ Q. May have been some money given to the treasurer and you not know it ? A. I don't think he received much money. Q. He may have received some and you not know it ? A. I don't think he is that kind of a man to receive any money. Q. Did you make any remarks that night yourself? A. I told them — they asked me to join it, and I said yes I would join it if they made it an independent club. Q. What was the object of the ckib? A. To be independent on local matters; I told Baiser when I came out — he told me he was in the employ of the county committee, and he asked me if the head of the ticket was all right — meaning Flower and Lieutenant-Governor Sheehan — and I told him yes, they were independent only on local matters. By Senator Endres : Q. Did you consider the senator included in that ? A. The senator all right. Q. That is, Mr. Lament ? A. Yes, sir. Q. You mean Mr. Eichardson ? A. I mean Mr, Lamont. Q. You told him the head of the ticket, Flower and Sheehan, was all right? A. Yes. Q. Didn't tell him the rest was ? A. Didn't tell him the rest was, rio; what I meant was the State officers were all right. 451 Q. Were there any local candidates in the city of Newburgh last year, then? A. What I meant hy local was Billy George, Tygert; it was to be independent not only on that fall election but other elec- tions if it had continued. Q. Tygert was running for county clerk on the Republican ticket ? A. Yes, sir. **Q. It was sort of a club organized to support Tygert? A. No, sir; it was not. Q. Did the club wait on Tygert ? A. No, sir. Q. Was there a committee appointed to wait on him? A. No, sir. Q. Tygert came to your meeting ? A. No, sir. Q. Was there any inducement in any way held out by Mr. Tygert why you should support him ? A. None that I know of. Q. You voted for Tygert ? A. No, sir. Q. Did any of the other members? A. What I interviewed after- ward said they voted the straight Democratic ticket. Q. Then you didn't accomplish the object for which you were organized, to be an independent club ? A. We didn't mean for that previous election, we meant on local matters in the city of Newburgh; we were opposed to some of the leaders in the district; it wasn't got up for that fall election. Q. You say you disbanded at once ? A. I say they failed to connect on the ne:it meeting. Q. How? A. They busted up among themselves; they were opposed to two or three that were in the club; didn't want them there. Q. Who were the two or three ? A. I suppose one of them was a man named Weaver, and I think Stockley another. Q. What was tjhe matter with Weaver? A. I don't know; I had no objection to him. Q. What was the matter with Stockley? A. I don't know ; the club wasn't in existence on election day. Q. Did you have any talk among yourselves as members? A. No, sir. Q. After that meeting ? A. No, sir. Q. Did you adjourn to meet at any special time ? A. In the fol- lowing Friday. Q. Did you go there ? A. I went there, yes. Q. Who else was there ? A. There was Weaver and Ryan ; there was about five. Q. What did Ryan say and Weaver, if anything? A. I told all the remark made was by Mr. Weaver that he heard some of them got ten 452 dollars to stay away from the meeting; got some money, he didn't think they got over ten dollars to stay away from the meetitig. Q. The second meeting ? A. Yes. Q. That was Friday, following the Tuesday ? A. Yes. Q. He didn't say who paid it to him ? A. , No, sir. By Mr. Hiesohbekg: ' Q. He didn't say he got it ? A. He only surmised they got it ; he didn't say they actually got it. Q. Did your club have any watchers appointed, or make an appli- cation for the appointment of watchers on election day ? A. No, sir. By Mr. Hiksohbebg: Q. What is Weaver's full name? A. I don't know; I never knew him only that night; I believe he works for Mendes in Fishkill, in a grocery. Q. Do you know whether he lives in Newburgh ? A. I do not. Q. Kaiser told you he was acting in the employ of the county committee? A. Yes, sir. Q. When was it he told you that ? A. That night after the meeting. Q. Democratic county committee ? A. Yes. Q. Did he say what he was getting; how much? A. He told, me there was a little in for him, not a great deal. Q. Has he ever told you anything about this contest ? A. Not until I was subpoenaed. Q. I mean when you were subpoenaed by the other side ? A. He came to my house and told me I would have to go to Albany, Q. He subpoenaed you for Mr. Lamont? A. Yes, sir; at the court house in Newburgh. Q. What did he tell you then ? A. I attended court and wasn't called then; I went down when I read about the next session being in Albany, and T went down to Mr. Gardner's of&ce, and Mr. Gardner wasn't in, and I met Baiser there, and he excused me from attending. Q. He was subpoenaing the witnesses for the contestant, Raiser? A. He served me with a subpoena. Q. And served others ? A. ^aid he was going for other^. Q. Had the subpoenas with him ? A. Probably had. By Mr. Gabdnee : Q. There might have b^en other members of your club waited on, Mr. Odell, and you not know it? A. Not as members of the club. Q. How do you know but what they may have ? A. The club wasn't in existence. 453 Q. There were fifteen there that night 'I A. Tes. • Q. About what was the extent of the membership ? A. About fif- teen I should say. Q. Between the Tuesday that you speak of and election day, some of those fifteen may have waited on Mr. Odell and asked him for financial support and you not know it? A. They might have. Q. You don't wish to be understood as saying that there were not members of your club that did not wait on Mr. Odell ? A. I would ' not like to swear they wouldn't. By Mr. Hibschbebq: Q. What are your politics ? A. A Democrat. Q. Have you always been a Democrat ? A. "!^es, sir. Q. Were the other liiembers of the club Democrats? A. The major portion. Q. Of those you khow of ? A. I couldn't say what Weaver's poli- tics are;' outside of Weaver they are all Democrats. , Q. Did they vote the Democratic ticket last fall? A. Several of them told me they did. Q. You did ? A. Yes, Q. Straight? A. Straight. By Mr. Gardner: Q. Did some of them tell you they hadn't ? A.. Those that I saw told me they had. Q. None of them told you they had voted the Bepublicau ticket ? A. I haven't seen them. By Senator Endres: Q. When did you first speak about organizing this club ? A. They spoke to me abo'ut two, weeks before they had the meeting. Q. Who was the person that spoke to you about it? A. James McCloy. Q. He is the fellow that was to be treasurer ? A. A brother of his. Q. You finally waited about two weeks then you had this meeting. A. They got me outside and asked me if I would go over the night of the meeting. Q. A.re jou an organizer? A. No, sir; they couldn't get, nobody else, and I told them I would serve temporarily. Q. Was anything said at that meeting in regard to striking any of the candidates for money? A. Not at the meeting. Q. Was something said after that by the members they were going to see the candidates who would put up the most money ? A. Not in my presence; I came out. 454 Q. Ybu weren't there but a little time ? A. Little time. Q. The next meeting was to be the Friday "following ? A. TeB. Q. Were there any committees appointed the first meeting? A. No, sir. Q. The Friday meeting broke up in a row? A. Busted up somehow. Q. You claim what they have told you, they all voted the Democratic ticket ? A. Those boys, McCloy and Donnelly. ' Q. "What was the object of organizing an independent club?' A. They said to organize on the city election. Q. When do you have the city election ? A. In the spring. Q. You were going to start it then ? A. Going to start it up then and keep it permanently. Q. You are sure nothing was said in the first meeting about appointing a committee or having some of the members of this club see some of the candidates on both sides and see if they couldn't get some money for their support ? A. No, sir. Q. Was anything said when you had a talk with them on Friday' about striking the candidates for money ? A, Weaver said some of them must have got some money, couldn't have got over ten dollars to bust a meeting up. Q. Was any party claimed from whom they got the money? A. No; sir. Q. Eaiser said he was there from the county committee; did you know he was a Democrat ? A. Yes. Q' Did it strike you as remarkable he wanted to organize an inde- pendent club ? A. He didn't belong to it all. Q. He advised you about it ? A. He didn't have nothing to do with it at all. Q. Did he know anything about it ? A. He must have heard some- thing about it; he told me afterwards they advertised in the paper. Q. Did you tell him you were going to meet the subsequent Friday? A. Yes, sir. Q. Did he say anything about what he was going to do, or the county committee was going to do? A. No; he said he was in the employ of the county committee, and if it was not for them he would go in tl)e meeting. Q. Nothing ever mentioned about seeing any parties about getting any money ? A. Not in my presence. Q. Nothing said Ftiday when the club failed to meet? A. No, sir. Q. Nobody said anything about going to see anybody about any money? A. No, sir; I was there five minutes and went away. 455 By Mr. Gabdneb: Q. Did you stay there until the meeting was over Tuesday night ? A. Just long enough to treat them and go out. Q. They remained there after you left ? A. Some of them, I sup- pose, did; McCloys lived next door to me, and they came over with them. Q. Had the meeting adjourned formally before you left ? A. Yes, sir. By Senator Endbes: Q. Was this your money you treated the boys with? A. Yes; my own money. Q. Did you ever take interest enough in politics tp treat the boys before? A. Never. Mr. HiBscriBEEG. — I offer in evidence, on the question of Mr. Kaiser's credibility, a certificate of the warden of the Michigan, State prison, that Mr. Baiser, No. 3,605, was sent from Ann Harbor, Michigan, and served a five years' sentence less, the commutation for good behavior. Sentenced May 31, 1883, discharged June 11, 1887. I have been try- ing to get Mr. Raiser and I can't find him. Mr. Gaedneb. — The only objection we have to that is no proof show- ing that it is the witness, Baiser. Mr. HiEsoHB^pa. — Mr. Baiser can deny it, and secondlyj our further objection is, they should have on cross-examination developed' the fact; they had an opportunity; he was on the stand and was sworn, and after we have rested our case, they come in and offer this evidence; that is, strictly illegal. Mr. HiEsoHBEEG. — I called for Mr. Raiser to recall him for cross- examination, and they assured me I should have an opportunity to do so before they closed their case. Another time I called him they said by and by. Senator Endbes. — I remember the witness said he had been arrested. Mr. Washbuen. — Is this the same Baiser the distryjt-attorney failed to indict ? Mr. HiBSOHBEBG. — No. Mr. Gaedneb. — Does Judgf Hirschberg insist here that ihis is admissible in evidence? This is nothing but a private letter. Mr. HiESCHBEBG. — I heard Mr. Baiser had been imprisoned there, and I wrote to the warden of State prison and received his reply, and I wrote to Governor Wynans if he had ever pardoned him, and I have received an answer from the executive ofSce he was not pardoned. Mr. Gaedneb. — He can get Baiser any time. 456 Mr. HiRscHBteRG. — 1 have sent a man to his house and I can't get him. Mr. Gardner. — The object is to bring it to the attention of the com- mittee whether a man has been to State prison; why isn't it better to make the statement instead of trying to put such a letter as this in evidence as a certificate. Mr. HiEscHBtRG. — You know the fact. Mr. Gardner. — No; I don't know anything about it, or you either. Mr. Hieschbeeg. — Yes, I know all about it; I have two grounds for offering that; first, on the question of his credibility, and secondly, because it was an illegal vote that he cast when he voted for Mr. Lamont, as he testified to, in the third ward. It is expressly pro- vided in our Constitution that no man convicted of an infamous crime can vote, unless he was pardoned. Mr. Baiser can come here and deny it if it isn't true. Mr. Gardner. — We object to putting an ordinary letter in evidence here to show a man's imprisonment. Mr. HiRSCHBBRG. — I am willing to substitute his testimony for the letter at any time. Senator Endres. — His testimony tended to show he had been imprisoned a number of times. Mr. HiRSCHBERG. — You are thinking of the witness Gutchess. Senator Endres. — Wasn't he the man that used to call you Mike ? Mr. HiRSCHBERG. — He is the very man; he swore he voted for Lamont. Mr. Gardner. — I think he said he was arrested. Mr. HiRSCHBERG. — That was in Orange county. , Mr. Washburn. — He said there was a failure to indict because he voted for Mr. Hirschberg. Mr. HiRSCHBERG. — He never said^anything of the kind. Senator Endebs. — You had better turn to his evidence and see what he did testify to. Mr. HiRSCHBERG. — His place was pulled once, but that was after I was elected district attorney, so he couldn't have voted for me on any such ground, and I never ran but once. There was not sufficient evidence to indict him, and he was not»indicted. There isn't a word in his testimony from beginning to end about his having been arrested. I said the only knowledge I had of the man was that he was before the grand jury and they failed to indict him, but owing to his impertinent behavior and the number of important things that he testified to, which a number of witnesses have entirely disproved, I sought to learn his history, and found he had lived in Ann Harbor 457 and also that he had been in State prison, and I wrote to thd warden of the State prison to know whether it was true, and in reply to that he sent me this letter. I then notified the counsel on the other side at the meeting at Newburgh that I wished to recall ]jim for further cross-examination. I then had the letter ''in my possession, and they said they would give me the opportunity, and they took pains not to do it. Mr. Washbuen.^ — I \^ish to state I offered to Judge Hirschberg the opportunity to call this witness when Baiser was in the room. Mr. HiRsoHBEEo. — I said, " There is Mr. Raiser, and I would like to examine him now." They said, " There is time enough by and by," and they examined their witness. Since that time I have had an officer with a subpoena at every hearing to go to Mr. Eaiser's house with a subpoena, and they can't find him. I had an officer up to the time the train left, and I notify them now to produce him; he is one of the associate counsel; he has been around subpoenaing these witnesses. ; Mr. Gardneb. — According to his statement, his liberty is due to the indulgence of the district attorney. Mr. HiKSOHBEEO. — That is the case with a great many. Mr. Gabdnee. — I will state I did say to Judgle Hirschberg if he wanted to cross-examine this man he was in the court-house, and he could dp it. After we have closed our case — Mr. HiBscHBEEG. — ¥ou made the promise to the earbut broke it to the hope. Mr. Gabdnee. — ^After we have rested our case, when an opportunity was afforded them to cross-examine this man, he haAthe letter in his . pocket; knew the fact, failed to do it, at this late hour he comes in and. wishes to prove that fact; we claim it is unfair to the witness and * unfair to us. Mr. HiEscHBEEG. — The hearing at Newburgh was on the fifth of February, and I think that letter was written in January. Senator Endees. — Did you submit the letter to the counsel on the other side? Mr. HiESOHBEEG. — No, sir; I didn't tell them. They knew, no doubt Mr. Baiser knew. He made sundry remarks that indicated he knew what it was. i Senator Enpees. — Have you no other way of proving ? Mr. HiBSOHBBEG.— I could by commission, I presume. Senator Endbes. — That is too long winded. Mr. HiBSCHBEEG. — The committee has taken? secondary etvidence. 58 458 If Mr. B^aiser will come forward and say it isn't he, it can be taken out. Mr. Gaedneb. — We have no pontrol over Mr. Raiser. Senator Endbeb. — Is there a way of your producing him ? Mr. Gardner. — He is not in our control. Mr. HiEsoHBERG. — He subpcsnaed the most of your witnesses. Mr. DiMMiOK. — He did not subpcBna most of them. Mr., CNeil. — Tou refuse to produce him ? Mr. Washburn. — No; it is you that want him. Mr. HiRscHBEEG. — We will leave the letter to be ruled on by the committee when they are together. Letter maAed "J. M. E." Clabenoe a. Speagde, being duly sworn, testified as follows: ByMr. O'Neil: ' Q. Where do you live ? A. Liberty, Sullivan county. Q. In what senatorial district ? A. Thirteenth I believe. Q. Did you print the ofiBcial ballots of the Republican party last fall? A. Yes, sir. . \ Q. Did you print them for the town of Mamakating ? A. Yes, sir. Q. Do you remember having examined them ? A. Yes, sir. Q. Were they properly indorsed ? A. Yes, sir. Q. Where did -you send them ? A. To the county clerl% — Gildersleeve. . Q. It was his duty to transmit them to the town clerk of the town ? A. Yes, sir. * Q. When tjiey left your office you sent how many packages ? ' Mr. Washburn.^ I would like to ask to what evidence this is in reply ? We don't claim this printer made any mistake in the indorse- ment of the tickets. Mr. O'Neil. — You say someone did, and we are going to show there i was no mistake whatever. Q. State whether those tickets were properly indorsed that you printed for the town of Mamakating. A. They were. Q. How did you transmit them to the county clerk ? A. I took them there myself. Q. And delivered them to th« clerk in his office? A. Yes, sir. Q. They were all right whan you got there ? A. Yes, sir. Mr. Gaedner.-^No questions. Q. What was the color of the official ballots ? A. White, all white. Q. Third district and all the other districts? A. Yes, sir; the whole county. 459 BioHABD GiLDEBSLEEVE, recalled: By Mr. O'Neil: Q. You were the county clerk of Sullivan county ? A. Yes. Q. The ballots from the office of Mr. Sprague were left with you ? A. Yes, Q. You had them transferred to the town clerk of the town of Mamakating? A. Yes. Q. Did you examine the official ballots of that town ? A. Yes. Q. Were they all properly indorsed ^ A. They were. Q. How did you transmit them ? A. I sent them with a man named Robert Bradley. Q. Who is he ? A. He is a citizen that lives in Monticello. Q. Living there stijl ? A. Yes. Q. When you sent them, with Bradley were they properly indorsed ? A. Yes. ', Q. Everything was regular ? A. Yes, sir. Q. The tickets were white ? A. Yes, sir. Q. The third district of the town of Mamakating, the Republican official ballots, were they indorsed third district ? A. Yes. Q. That you know of your own knowledge ? A. Yes, sir. Q. The second indorsed second district? A. Yek. Q. And the first, first district ? A. Yes. Q. State whether they were put up separately? A. Yes; separate bundles. Q. The sample ballots of the district was separate ? A. By a paper band around them and all were done up in one bundle. Q. The official ballots for the district were in different packages ? A. Yes, sir. Gross-examination : By Mr. Gaedner: Q. You are the Republican county clerk of Sullivan county 1 A. Yes, sir. Q. You have been a Republican for some years ? A. Yes, sir. Chaeles Barnum, being duly sworn, testified as follows: By Mr. O'Neil: Q.^ Where do you reside ? A. Monticello, Sullivan county. Q. You p,re a member of the Democratic State committee from that congressional district ? A. Yes, sir. Q. And were during the last election ? A. Yes, sir. 460 Q. Have been for how long ? A. Since the Syracuse convention in 1889. Q. You are also editor and proprietor of the Monticello Watchman ? A. Yes, sir. Q. You have been editor of that paper how long? A. Nearly eight years. Q. Did you have occasion to examine any of the official ballots last fall ? A. I went to the clerk's office and examined; I intended to examine them all but I got tired and didn't examine them aU. Q. Did you examine the official ballots of the town of Mamakating ? A. I can't say now;. I examined about fifteen districts out of the thirty-four to see whether^ they were numbered consecutively and indorsed properly. Q. What did you find ? A. I found they were all right and I let the rest go. Q. Can't recall whether you examined the official ballots of the town of Mamakating or not? A. I can not; I can only recall two district's that T examined. Q. What two were those ? A. District No. 1 in the town of Thomp- son and district No. 3 in the town of Neversink. Q. How much money came into your hands from the Democratic State committee last fall for distribution in that district ? A. About $1,200. Q. That was for what; that district ? A. That was for the county of Sullivan. Q. County of Sullivan alone ? A. Yes. Q. You didn't disburse the money in the county of Orange ? A. I know nothing about it; I didn't receive it or disburse it. Q. Why did you make the examination of the ballots in the clerk's office ? A. The year before there had been a failure, the printer failed to print the ballbts and I had provided, as chairman of the county committee, emergency ballots, and I did this year. Q. Were you still chairman of the county committee this year ? A. Yes, sir. Q. You examined for the' purpose of having them all right ? A. I examined the ballots to see if there was any failure in the printing of them — to see if I ha,d to use my emergency ballots. Q. You satisfied yourself upon that point; the ballots were all right ? A. I did. By Senator Endres: Q. You took it for granted they were all right after seeing what you did see ? A. I did. 461 ' ^By Mr. O'Neil: Q. Did you ever hear from any source there was any irregularity in the ballots ? A. I did not. , Grpss-examination : By Mr. Washburn: Q. Was the official canvass of the voters in Sullivan county paid for out of the amount you have mentioned ? A. Yes, sir. Bernard Fabrell, recalled : By Mr. O'Nbil: Q. Where do you live ? A. Town of Mamakating, Sullivan county. Q. In what district ? A. Third election district. Q. Were you subpoenaed here before by Mr. Lamont ? A. Yes. Q. Were you sworn? A. Yes, sir. Q. Were you one of the ballot clerks at the last general election? A. I was. Q. Who was your associate ? A. Harmon Tice. Q. He was sworn previously ? A. Yes, sir. » Q. A week ago ? A. Yes. Q. Do you know John Erwin ? A. Yes. Q. He is a Democratic worker in that district ? A. Yes. , Q. Did you see him there election day ? A. Yes. Q. Was he around all day? A. Yes. Q. Did he come in and state to you or in your presence that the official Republican ballots of that district were improperly indorsed, improperly numbered ? A. I don't remember it, Q. Did he m^rke any such objection in your hearing that day ? A. I don't remember hearing him object to the regular ballots dis- tributed to voters. Q. Did he object on the ground that you had the ballots of the first district? A. I don't remember of hearing him. Q, You would have heard if he made any. such objection, wouldn't you? A. Yes. Q. You would have noticed it ? A. Yes. Q. If he had made any such objection or any other person had made such objection you would have noticed it ? A. Yes. Q. Were you there when the ballots were received in the morning ? A. Yes. Q, Who brought them there ? A. Man named Edgar Stanton. Q. Were the ballots opened in his presence ? A. Yes. 462 Q. "Were they iaspected to determine whether you had the right number ? A. Yes, sir. Q. Were you there then ? A. Yes, sir. Q. Were the ballots all right then ? A. Considered so. • Q. They were passed by the inspectors as all right? A. Yes. Q. Who was present when that inspection was made of the ballots, give the names of the parties who were present there ? A. The inspectors of election, John Bell. Q, He has been sworn here? A. Yes, sir. Q. Who else? A. Clarence St. John, Q. Mr. Kerkendall? A. Yes, sir; Henry O. Kerkendall. Q. They comprised your board of inspectors? A. Yes, sir. Q. Kerkendall and Bell were Kepublicans ? A. Yes, sir. Q. And St. John was the Democratic member of the board? A. Yes, sir. Q. You are a Democrat ? A; Yes. Q. Were you associated with Mr. Tice, a Eepublican? A. Yes, sir. Q. Did you hear any objection made by Mr. Erwin that day that the official ballots were irregularly or improperly numbered ? A. No, sir. '^ Q. Is it the fact you had the sampl^ ballots for the first district of the town of Mamakating 1 A. Yes. Q. That was noticed before the day hatj passed ? A. Yes, sir. I Q. And commented on by different members ? A. I presume if there were any objections it was. on the strength of those ballots. Q. There was no objection to the official ballots ? A. No, sir. Q. That day or any other day ? A. No, sir. Q. John Erwin was there all day ? A. Yes. Q. And Democratic watchers there all day ? A. Yes. Q. Who were the Democratic watchers? A. Charles Banks and William Boice. Q. The official ballots; were they indorsed third district? A. I couldn't say. Q. As far as you know ? A. Yes. Q. Republican as well as the others? A. Yes. Gross-examination : By Mr. Gaednee: Q. When you examined them in the morning you refer to the ones that were on top of the piles? A. Examined as to the numbers that were in the pile; we had to account for the number; that is what we were charged with. 463 Q. You examined as to the number of the ballots ? A. Probably five hundred was in each. Q. Tou didn't examine as to the indorsement? A. No, sir. Q. Yoii are not able to state jyhether the indorsement of all the ballots was correct or not ? A. Don't swear positively what district _ they were for. By Mr. O'Neil: Q. You saw no mistake ? A. No, sir. Q. You can read and write ? A. Yes, sir. Q. Your business there was to determine whether the' ballots were regular or not; that was part of your official dut^? A. To receive the number of ballots and account for them properly. Q. You heard no one make any objection to any irregularity either as to the number of the ballots or as to the indorsement upon them? A. Not the ballots we distributed. ' By Mr. Hieschbeeg: Q. Did you see any official ballot that day that was indorsed first district instead of third ? A. I could not swear th^t I did. By Mr. O'Neil: Q. And you didn't hear of any ? A. No, sir. By Mr. Gaednbb: Q. You heard Mr. Erwin testify ? A. Yes, sir. Q. That he did bring the attention of the inspectors or the clerk to fact that the indorsement wasn't correct ? A. Yes, sir. Q. May he not have made that statement to the cjerk and you not know it ? A. I didn't remember hearing him. Q. May he not have made it td the clerk and you inadvertently not known it? A. Yes, sir. Q. You have known Mr. Erwin for some years ? A. . Yes, sir. Q. He is a respectable citizen of your town ? A. Considered so; yes. Q. You have no reason to doubt the truthfulness of "his statement if he made it ? Mr. CouNTEYMAN.— We object to that. The Witness. — I don't say but he- might have said that, but I didn't hear anything of it. By Mr. O'Neil: Q. You were there all day ? A. Yes, sir. Q. And you are one of the clerks 1 A. Yes. 464 Q. Mr. Tice was your associate ? A. Tes. Q. You sat close together? A. Yes, sir. Q. How far did Mr. St. John, Mr. Bell and Mr. Kuykendall sit from you ? A. As far as these gentlemen.- Q. They could hear anything that was said in an ordinary tone of voice ? A. Yes, sir. By Senator Endbbsi Q. You have no hard feelings against Mr. Erwin ? A. No, sir. Q. On friendly terms with him ? A. Yes. By Mr. O'Neil: Q. You are warm personal and political friends ? A. Yes, sir. Febbis St. John, being duly sworn, testified as follows: By Mr. O'Nbil: Q. Where do you live ? A. Town of Mamakating; Summitville. Q. In the third election district ? A. Yes, sir. Q^Did'you live there at the last general election? A. Yes, sir. Q. What were yotir duties there ? A. I was one of the inspectors. Q. A Democratic inspector ? A. Yes, sir. Q. For that' district? A. Yes. Q, Do you know John Erwin ? A. Yes, sir. Q. How long have you known him ? A. For a number of years. Q. You and he were friendly ? A. Yes, sir. Q, Both personally and politically? A. Yes sir. Q. Mr. Erwin is quite an active Democrat in that district ? Yes, sir; h^s been for a number of years.- Q. Were you there when the ballots came there in the morning ? A. Yes, sir. ' Q. Did you discover then the sample ballot attached to the Bepub- lican official ballots was of the first district ? A. I didn't discover the sample ballots. Q. Who did discover it ? A. The ballot clerks. Q. Was your attention called to it ? A. No, sir; not at that time. Q. You were inspector there, were you there all day ? A. All day. Q. Were yoa looking out to see if there were any irregularities or mistakes in the ballots ? A. I was watching what I could. Q. That was part of your duty to see the ballots were all right ? A. Yes. , Q. Were the official Republican ballots of that district indorsed third district, properly indorsed ? A. I couldn't say. H 465 Q. Is it a fact your official ballots there were indorsed first district? A. I couldn't say. Q. Did any one make any complaint of that kind that day? A. No, sir. Q. That you had the first district official ballots there ? A. Not that I heard. Q. Did John Erwin call the attention of the inspectors; "when I first went in there at that time, I thought it was a mistake in their tickets, thought we had received the wrong tickets; some of them made the remark they were all right; " is it a fact he so stated ? A. Didn't call my attention to it or the board. Q. Nothing of that kind was said by Mr. Erwin ? A. Didn't call the board. Q. Did Mr. Erwin or any perspn call the attention of the board to the fact that your official ballots were indorsed first district ? A. Not that I heard. Qi Would you have heard it if there had been any such conversa- tion there ? A. I think I would. Q. Did you ever hear there was any irregularity or mistake in ref- erence to the ballots ? A. Not that day. Q. When did you first hear of it ? A. Some time afterward. Q; Wasn't it after this investigation commenced up here ? A. I think it was: ' Q. After this contest commenced between Lament and Bichard- son ? A. Yes, sir. Q. Is it a fact that you did have attached to your official ballots the sample ballot of the first district ? A. I couldn't swear that I did, any more than there is told me. Q. Tou are willing to swear that Erwin or no person called the, attention of the board of inspectors to the fact that you had the wrong tickets in your district ? A. No, sir. Cross-examination : By Mr. Gaedneb: Q. Were yqu around there all forenoon ? A. I was there all day; from 8 o'clock until 8 o'clock in the evening. Q. ^re you able to state where your seat was that day ? A. Yes, sir. Q. Were you very far distant from one of the clerks? A- The ballot clerk ? Q. Yes. A. Some ten feet probably. Q. Isn't it a fact there were more or less people in there in the fore- noon at all times? A. Yes, sir; they were voting. \ 59 466 Q. Talking? A. Tes,sir. Q. Some noise, more or less, from the talking? A. Yes, sir. Q. Do you remember of seeing Mr. Erwin in there that day? A. He was in there. Q. Do you recollect of having seen him 'now? A. Tes, sir; he was in there. Q. Do you remember the fact of having seen him, or do you base your knowledge upon what others say? A. Certainly I seen him there. Q. What time of day did you see him there ? A. I couldn't tell how many times; several times through the day. Q. Are you able to state that you saw him there in the forenoon ? A. Tes, sir; I think he was there in the forenoon. Q. Are you able to state surely that you saw him there as early as 10 o'clock ? A. I wouldn't be very positive about that. Q. If he was there then you didn't know it; you don't remember it now positively? A. I don't remember it now positively; I don't know what hour of the day he was there but he was there. Q. You say he was there several times during the day? A. He was there out and in. Q. Isn't it a fact that you did some talking with some of the voters that 'came in there that day? A. Very little said to them; I had other business. Q. What was your business ? A. I was keeping a record. Q. You attended your business pretty strictly ? A. Yes, sir. Q. While you were attending to your business in keeping a record of what was going on, may not Mr. Erwin have been in there early in the morning and said something to the clerk on the other end of the board in regard to the regularity of the ballot and you not know it ? A. If he did I don't know it. Q. He might have and you not know it? A. He possibly might. Q. So you are not able to swear positive that he did not say some- thing ? A. No, sir. Q. To anybody excepting yourself; you are sure he didn't say anything to you? A. Yes; I am sure of that. Q. You are the only one that you are able to state positively ? A. He didn't call the board's attention in my hearing. By Mr. O'Neil: Q. Had he made any appeal to the board of that kind you would have heard it ? A. I think I would; I was there, right there. 467 By Mr. HiBSOHBEBa.' Q. Was there any way in which you could tell that day when these ballots were presented by the voters to the inspectors which ticket they were voting? A. Not that I seen. Q. Was there any difference on the back that indicated which one they were voting ? A. No, sir. Q. Was there any difference in the indorsement on the back between the Republican, Democrat, Prohibition and Labor ticket? A. I didn't notice any. Q. Did you hear of any that day ? A. I didn't. By Mr. O'Nbil: Q. What did you vote ? A. I voted the Democratic ticket. Q. You voted for Mr. Lamont? A. I voted my men regardless. Q. You voted the straight democratic ticket? A. Certainly. By Mr. Hibschbebg: Q. Did you receive some of the tickets during the day ? A. No, sir; the chairman received all the tickets. Q. Did you see them ? A. Nothing more than I saw him tear the stubs off. f Q. You saw them as they lay there during the day ? A. Yes. Q. Did you see any difference between one party and the other ? A. I didn't notice any difference. Q. Notice whether there was any difference in the indorsement? A. I didn't. By Mr. Dimmiok: Q; Did you notice the indorsement at all ? A. Nbt the number of the district. Edgab Stanton, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. Wurtsboro, Sullivan county. Q. Wurtsboro is in the second election district ? A. Yes, sir. Q. Did you live there at the last general election ? A. Yes, sir. Q. Are you the person that carried the tickets from the town clerk's office in Wurtsboro to Summitville in the third district? A. Yes. Q. Who was there when you got there ? A. Henry Kuykendall one of the inspectors, and Mr. St. John; I don't recollect who the other one was. Q. Was Mr. Bell there ? A. Yesi sir. 468 Q. Harmon Tioe there ? A. Yes, sir. Q. Was John Erwin there ? A. Tes, sir. Q. Was the other clerk there, Mr. Farrell ? A. Yes, sir. Q. Did they open the ballots to see if they were all right ? A. Yes, sir. Q. What did they find? A. They pronounced thein all right. Q. And looked them over ? A. Yes, sir. Q. Looked at the indorsement ? A.* Yes, sir. Q. Did they pronounce them all right ? A. Yes; they signed the receipt. Q. Is it a fact the sample ballots were transferred ? A. I didn't hear them say anything about it. Q. They looked at the official ballots and pronounced them all right? A. Yes. Q. They were some time doing that ? A. Quite a Tyhile. Q. Did John Erwin have anything to say about it? A. Yes; he said he didn't see what the use was counting them, they were all right. Q. After he had inspected them ? A. He stood and looked on. Q. He said he didn't see any use keeping you there and counting them, that they were all right ? A. Yes, sir. ' Gross-examinatioep, : By Mr. Dimmiok : Q. Were the ballots faced up or backs up when he was counting them ? A. Backs up, I think. Q. How many ballots did they look at ? A. They counted them all over. Q. Take them one by one ? A. They lifted them over. Q. Lifted them over at' the end ? A. Yes, sir; the same as you would money. Q. They wouldn't disclose the indorsement on the back when they lifted them over ? A. No, sir. ^ By Mr. O'Neil: Q. They did look at the indorsement? A. Yes, sir; to see whether the numbers corresponded. By Mr. Dimmiok : Q. You mean on the stubs ? A. I mean on the numbers. By Mr. O'Neil: Q. On the baoik of the ticket ? A. Yes, sir. 469 • By Mr. Dimmick: Q. To see whether the district was on ? A. I don't recollect about the district. Q. They didn't lift the tickets all over this way and look into every one of them to see whether the number of the district was on ? A. No, sir; they didn't open them; the same as you would lift money; to see 'ffheMier the numbers corresponded. Q. To see whether there were five hundred there, wasn't that the object ? A. I believe so. By Mr. O'Neil: Q. You delivered them just as you got them ? A. 7es, sir; and they signed the receipt. William H. Deoeeb, being duly sworn, testified as follows : By Mr. O'Neil: Q. Where do you live ? A. Bloomingburgh, town of Mamakating, county of Sullivan. Q. What election district ? A. First election district. Q. Were you one of the board of inspectors in that district at the last general election ? A. I was. Q. You were the Democratic member ? A. Yes,' sir. Q. Who were your associates? A. William Hornbeck and Charles Holsapple., Q. Mr. Hornbeck sick ? A. I understand it so. * Mr. O'Neil.— I have a letter heijf stating he is sick and I have a cer- tificate of a doctor. Q. Who were your ballot clerks there ? A. Charles Norbury, a Democrat and Alfred Clark, a Eepublican. Q. Were there any watchers, there ? A. Yes, sir. Q. Who were the Democratic watchers ? 4- George Garvin. Q. Who the Eepublieans ? A. Dore Bell. Q. Were you there when the tickets came in the morning? A. Yes, sir. Q. Who brought them to you ? A. I don't know who it was. Q. Wasn't it young Bennett? A. I wasn't acquainted with him. Q. Would you know him if you saw him ? A. No, sir. Q. (Bennett stands up.) That the young man? A. I don't know; I wouldn't swear to it. Q. A good looking boy like him ? A. Something similar. Q. Did you look, at the ballots when they came there that morning to see whether they had the proper indorsements on ? A. Yes, sir. ■ 470 Mr. DiMMicK. — There is no charge th6re was any improper indorse- ment in the first district in the town of Mamakating ? Mr. O'Neil. — They had alleged a charge and have attempted to prove that the ballots of the third district, the first district indorsed, were voted in tlie third district; now we will show — Mr. Washbden. — We prove they were wrong in the tBtrd district. Mr. DiMMicK. — M'e prove by Norbury the ballots in the first district were correctly indorsed. Senator Endkes. — If that is so — Mr. O'Neil. — If they say the first district were properly indorsed and properly numbered we will take that admission. Senator Endres. — Go ahead. Mr. HiBsoHBEEG. — We will show that the first district had the third district sample ballots. Q. State whether or not your ballots were properly indorsed ? A. The official ballots were. Q. How about the sample ballots ? A. They were not; they were the third district. Q. Was that detected immediately when they first came there ? A. ¥es, sir. ' Q. The board thought that would make no difference ? A. Yes, sir. Q. As long as the official ballots were right? A. Yes, sir. Q. Is it a fact the official ballots were right ? A. Yes. Q. Properly indorsed ? A. Yes. Q. Wifh the number of the district on ? A. Yes. Q. Is it a fact you had the sampl^ballot of the third district ? A. Yes. Q. That was discovered early in the morning ? A. Yes, sir. Q. By every one of the members of the board ? A. Yes, sir. Q. They were white ballots, the official ballots ? A. Yes. Q. What color was the sample ballots? A. I think two different colors, red and green. Q. Who counted the ballots that night ? A. The inspectors. Q. Did the clerks take any part in the count ? A. I think not. Q. The inspectors done all the counting so far as your recollection goes. A. Yes, sir. Q. Did you count all the ballots ? A. I did. Q. You verified the count of the other inspectors ? A. I counted them first. Q. They verified your count? A. Yes, sir; I counted them by tens. Q. They verified your count ? A. Yes, sir. Q. All agreed? A. Yes, sir. 471 Q. Tally ? A. Yes, sir. Q. Found them all right? A. Yes, sir. Q. Everything was regular? A, Yes, sir. Q. Was your complement of ballots full; did you have as many Democratic official ballots as you had Republican in the morning ? A. Yes. Q. As many Republican as you had Democrat? A. Yes; as many Prohibition and Social and Labor. Q. No irregularity ? A. No, sir. Q. You are a Democrat and voted the Democratic ticket ? A. I did. Q. Straight ticket ? A. Yes, sir. Cross-examination: By Mr. Dimmiok: Q. Do you know each inspector handled every ballot at that poll ? A. Yes, sir. Q. The split as well as the straight ? A. Yes. Q, When you came to count the split ballots wasn't Mr. Norbury the man thal^ handled the split ballots ? A. No; we laid them all out each one by themselves' and all the straight tickets ^ere counted first and then we took up the split ticket. ' Q. When it came to counting the split tickets wasn't it Mr. Norbury counted the split tickets and announced the count and you inspectors put it down? A. No, sir; all of us inspectors counted them; we done them up in ten and each inspector counted them over after one another. By Mr. Hieschbekg: Q. You say there were split tickets ? A. Yes, sir. Q. You didn't return them ? A. They were all put up as they were. Q. Not returned to the clerk ? A. No. Q. The actual tickets themselves, they were destroyed? A. They were destroyed. Q. You don't know how many there were? A. No; I do not. Q. Quite a n^imber of them ? A. Yes; several. Charles Gr. Bennett, Jb., being duly sworn, testified as follows: By Mr. O'Neil: Q, You reside in Wurtsboro, county of Sullivan ? A. Yes, sir. Q. That is the second election district of the town of Mamakating ? A. Yes, sir. Q. You are a son of the town clerk of that town ? A. Yes, sir. 472 Q. Are you the person who carried the ballots from your father's house or oifice to the polling place of the first election district ? Aj Tes, sir. Q. At the general election ? A. Yes, sir. Q. What did you find after you arrived there? A. Found the sample ballots were for the wrong district. Q. What district? A. Third district. Q. Were you there when Mr. Decker and the other inspectors looked at the official ballots ? A. Yes, sir. • Q. Is it a fact the ballots there were indorsed first district, properly indorsed? A. Yes, sir; for that district. Q. The only mistake or irregularity was you had the sample ballots which belonged to the third election district of the town of Mamakat- ing? A. Yes, sir. Q. That was the result of all the investigation that morning; they looked them over ? A. Yes. Q. Looked them over and counted them and determined the official ballots were all right ? A. They didn't count them while I was there. Q. They looked them over to determine whether they were properly indorsed? A. Yes, sir. Q. It was discovered when you first went there the sample ballots were wrong? A. Yes. Q. Then they looked at the official ballots to see whether they were wrong or not ? A. Yes. Q. And they found they were right ? A. Yes, sir. Q. Then they sent you home with the reeeipt ? A. Yes, sir. Gross-examination : By Mr. Gaedner: Q. Did you examine the Ballots yourself ? A. No, sir; I didn't look at them. Q. All you know about it is what they said ? A. Yes, sir. By Mr. O'Nejx: Q. You took them just as your father gave them to you ? A. Yes. Q. Delivered them ? A. Yes, sir. Melvin Billings, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. EUenville. Q. Did you live in Bloomingburgh at the last general election ? A. Yes, sir. Q. That is the first election district ? A. Yes, sir. 473 Q. Did you vote there ? A. Yes. Q. Did you hold any position there on the board of election ? A. I was poll clerk. Q. For wh»in ? A. For William Decker. Q. What are his politics ? A. Democrat. Q. Did you vote the straight Democratic ticket? A. I did. Q. I Decker was the Democratic inspector ? A. Yes, sir. Q. Were you there when the tickets were brought there in the morning ? A. No. Q. Was there any discussion about the sample ballot ? A. Not that I heard of. Q. How were the official ballots there indorsed, official Kepublican ballots, were they properly indorsed, first district ? A. I believe so. Q. Don't you know they were ? A, Yes. Q. Who counted the tickets that nighf ? A. The inspectors. Q. Clerks take any part in it? A. No, sir; none whatever. Gross-examination : By Mr. Gakdneb: Q. The tickets you saw, the ballots were properly indorsed? A. Yes, sir. Q. You didn't see all of them ? A. No. sir. DoKE Bell, being duly sworn, testified as follows : By Mr. O'Neil: Q. Where do you live ? A. Bloomingburgh. Q. The first district of the town of Mamakating, Sullivan county r A. Yes, sir. Q. Did you live there at the last general election ? A. Yes, sir. Q. Did you vote there ? A. Yes, sir. Q. Did you hold any position there ? A. Yes, sir; watcher. Q. For which party ? A. Eepublican party. Q. Were you there when young Mr. Bennett deposited the votes there in the morning? A. I was. Q. Was there some question raised there as to the regularity of the sample ballot ? A. Yes, sir. Q. Was that immediately detected ? A. Yes, sir. Q. As soon as the package was opened ? A. Yes, sir. Q. By whom ? A. By one of the inspectors. Q. That firoused some comment ? A. Yes, sir. Q. Did they then inspect the official ballots to see whether they were all right? A. Yes. 60 474 Q. What did they find ? A. They said they were all right. Q. Properly indorsed with the proper district ? A. Yes, sir. Q. Were you there in the evening when the ballots were counted ? A. I was. Q. Did the inspectors count the ballots ? A. They did. Q. Did the clerks take any part in it ? A. They separated them. Q. Did the watchers take any part in the count ? A. No, sir. Q. The inspectors did the counting ? A. Yes, sir. Q. Did the clerks take any part in the count itself ? A. No, sir; no more than separate the ballQts. Q. They took no part in the actual count of the ballots? A. No, sir. Q. The inspectors did that themselves ? A. Yes, sir. Gross-examination : By Mr. Dimmick: Q. You don't know of your own knowledge whether they were prop- erly indorsed ? A. No, not for certain; I heard the inspectors say they were all right. Feed Bennett, being duly sworn, testified as follows: By Mr. O'Neil: Q. You reside in Bloomingburgh ? A. Yes, sir. Q. First election district of the town of Mamakating, in the county of Sullivan? A. Yes. Q. Were you present at the polls in that district at the last general election? A. Yes, sir. Q. There in the evening? A. Yes, sir. Q. Were you a watcher ? A. Yes, sir. Q. You went there in the place of your father ? A. Yes, sir. Q. There when the votes were counted in the evening? A. Yes, sir. Q. Who counted them ? A. The inspectors. Q. Did the clerks take any part in it ? A. No, sir. Q. No one else took any part in the actual count except the inspectors ? A. No, sir. Q. Did they pronounce the result correct tally ? A. Yes, sir. Q. Heard no question as to any irregularity ? A. No. Mr. DiMMiOK. — No questions. Edgab L. Spboat, being duly sworn, testified as follows : By Mr. O'Neil: Q. Where do. you live? A. Middletown, county of Orange. Q. You have lived there for a number of years? A. Yes, sir. 475 Q. What election district did you vote in? A. Second election diBtrict of the first ward. Q. Do you remember what day you registered ? A. Second day of registry; I can't say the date. Q. Who was present when you registered 1 A. John Cowell, the registry clerk, and Samuel Foster. Q. John Cowell was the person that was sworn at the last hearing ? A. Yes, sir. Q. He was clerk of the registry 1 A. Yes. Q. Were you there a good deal of the time while the registering was going on ? A. Occasionally. Q. Did several other people register there vrhen these same persons were present and no one else ? , A. Yes, sir. Q. How many about ? A. I couldn't say. Q. When Foster and Cowell were there all alone 1 A. My impres- sion is there were five; there were five at the time I registered, I think. Q. At other times did you see them register, at other times other persons when these two parties were there or either one was there alone ? A. I am liot positive about that. Q. Was there any registry book there? A. There were registry books there. Q. Were they used? A. No, sir;, not while I was there. Q. What did you use when you registered? A. Piece of legal cap; I think it was on foolscap. Q. No regular book 1 A. No, sir. Q. You noticed that particularly ? A. Yes, sir. , Q. Do you know what the official position of Mr. Foster was there ? A. All excepting he was acting — he was- acting, I should judge, as inspector. Q. What did he do that indicated he was inspector ? A. When I went in; I went in perhaps half -past 9 first and there was no one present but the clerk; I went to the post-office and returned home and stopped in the place of registry. Q. Did any one register when you first went in there ? A. No; but there were three names on the paper; I didn't siee them register. Q. In his handwriting ? A. I couldn't say as to that. Q. Did he have the paper? A. Yes. Q. Lying in front of him? A. In front of Mr. Cowell. Q. These three names were on this paper; you came back? A. I came back and Mr. Foster says to me, "Do you wish to register?" I made remark perhaps I was registered, and he said all right, and 476 I am under the impression, although I am not positive about that, that I wrote my own name on the paper, on the sheet of paper; my impression is that I stepped close to the table and Mr. Foster said to me, I won't say which one, " register yourself." Q. And you did register yourself? A. Tes; I am positive I did. Q. And five others ? A. Not five others. Q. Five others were registered about the same time ? A. After that; I think that was in the afternoon. Q. Were you there at any other time while people were registering? A. In and out during the whole day. Q. During the four days of registration did you see others there besides these five and yourself? A. Oh, yes. Q. Who was there when you saw these others registered A. I couldn't say. Q. Did you see anyone else registering when nobody was there but Cowell and Foster ? A. I don't think I did, but I am not positive of that. Q. What time of day was this ? A. It is my impression it was nearly 12 o'clock. Q. That is when you first went in? A. No, when I first went in and didn't register was shortly after nine, between 9 and 10, and on my return I should judge it was a quarter to 12. Q. Who were the regular inspectors there; what hours after that were you in that day ? A. I couldn't say. Q. You were around a good deal of the time? A. A good deal of the time. Q. Was that way all day; who comprised the inspectors of that dis- trict? A. Mr. Foster was acting when I was there. Q. Who were the regular inspectors elected 1 A. Daniel B. Sweeney and Frank Cowell. Q. Frank was the inspector and John F. the clerk ? A. Tes, sir. Q. Johnnie was the one that was here at the last meeting ? A. Tes, sir. Q. He was the clerk? A. Tes. Q. And Frank the inspector ? A. Tes. Q. Who else ? A, Ames Mclntyre. Q. They comprised your regular board of inspectors? A. Board of registry. Q. Do you know the majority that Mr, Flower received in that dis- trict ? A. My impression is it was sixty-one. Q. And Mr. Lamont about sixteen or eighteen? A. I think it was sixteen. 477 Q. Is it a fact Mr. Lamont did run behind his ticket in almost every district in the city of Middletown ? A. A number of districts. Q. How do you account for that ? Mr. DiMMioK. — To that we object. Senator Endres. — He would be expressing his own opinion. Would that have any weight? Mr. HiEsoHBBEG. — What did you hear about it ? Mr. DiMMiOK. — I object to that. Mr. HiRSOHBERG. — If there is any expression of opposition — Mr. O'Nbil. — Senator Greene, Judge Greene, was very popular there and there was a strong feeling in his favor for this nomination, and they never overcame that feeling from the time of the nomination until election time; there was one district where he ran fifty behind ; it is to meet the idea it was not the German Club. Q. Did you know Democrats that expressed themselves in opposi- tion to Mr. Lamont by reason of the fact they were friendly to Mr. Greene? Mr. DiMMicK. — We object to that. Senator Endbes. — Let it go in. Q. Not only there but all through that section of country? A. There was a very bitter feeling on the part of some Democrats imme- diately after the Democratic convention. Q. Your politics are what? A. Republican; a very bitter feeling, and they threatened they would carry it to the polls, which some of them did. Q. Was it a fact some were unreconciled at the time of election ? A. That is my understanding. Q. Some prominent Democrats ? A. Yes, sir. Q. There was a general dissatisfaction among the rank and file of the Democratic party ? A. I don't know how general it was. Mr. Gardner. — We object to this evidence. Mr. O'Neil. — I simply want to draw this fact out. Senator Endbes. — You are getting the authority filsm a Republican at that; I don't think it will have one particle of influence with the committee in arriving at a decision. Mr. O'Neil. — It is to answer this general charge of fraud; their general argument is Mr. Lamont ran behind because there waa fraud in this district and we meet that by showing the reason why he ran behind there; Mr. Lamont was a man that wasn't known there, and in the second place Mr. Greene was a man that was well known and intensely popular, and these men remained unreconciled up to the day of election.. 47§ Mr. Washbdbn. — If the committee desire to go into evidence of this character — if they produced a Democrat it might amount to the shadow of something; we can produce plenty of Bepublicans to prore Mr. Kichardson's unpopularity in his party, if it is worth anything. GrOss-examination. By Mr. Dimmiok : Q. You have been an active Republican partisan most of your life ? A. A good share of my life. Q. ¥ou knew of what you call an improper registration in you dis- trict in Middletown that day, did you not ? A. Yes, sir. Q. You took no means to correct that registration ? A. The minority have but little rights. Q. They are not in the minority in Middletown ? A. Are in the second ward. Q. Did you take any means to correct the wrong that was com- mitted, any legal means ? A. No, sir. Q. Or your party? A. No, sir. Q. Did you call the leaders of your party to the fact there was illegal registration going on ? A. Not until after election. 0,- While you were there and saw these five persons registered were they entitled to registration ? A. Yes, sir. Q. You were entitled to registration? A. Yes. Q. And every person, so far as you know of, was entitled to regis- tration? A. Yes, sir. Q. Then there was no illegal registration ? A. I don't think there was. By Mr. O'Neil: Q. There was no illegality in the persons who registered putting their names there ? A. No, sir. Q. You don't know anything about the composition of the board ? A. No, sir. Q. Except Mr.'Cowell was simply a clerk ? A. Yes. Q. Mr. Foster was there acting as an inspector? A.. Yes. Q. You don't mean to say if he wasn't regularly appointed and sworn in it was legal? A. No; if he wasn't an inspector it certainly wasn't.' Samuel Foster, being duly sworn, testified as follows : By Mr. O'Neil: Q. Where do you live ? A. Middletown. Q. How long have you lived there?" A. Twenty years. 479 Q. Where were you at the last general election of the city ? A. In Middletown. Q. What were you doing there during the registration day ? A. Two of the registration days I officiated for A. E. Mclntyre; two half days. Q. You officiated for him ? A. Yes, sir. Q. Were you there when Mr. Sproat, the last witness, came there to register ? A. Yes, sir. Q. Who else was there with you? A. I believe John Cowell. ' Q. He was a clerk? A. Yes, sir. Q. Were yo a the only persons present when he registered? A. I believe we were. Q. Several other names registered while you two were there alone ? A. Yes, sir. Q. Were you ever sworn in as inspector 1 A. No, sir. Q. Did you take any oath? A. No, sir; I didn't know it was necessary. Q. Is it a fact that you kept no registry book there ? A. As they registered they put them down on paper, and at the close of the day they put them in the book. Q. They took the names down on pieces of paper f A. Yes, sir. Q. Loose pieces of paper; detached pieces ? Al Yes, sir. Q. It is a fact Mr. Sproat put his own name down there ? A. I really can't remember, but I believe he did. Q. You are positive you never were sworn in or took the oath of of office ? A. I am positive. Q. You didn't know the law required it ? A. I did not else I wouldn't have done it. Q. You served there how long? A. Two half days; I commenced before 12 o'clock and stayed until 7 in the evening. Q. Were you there alone a good portion of the time ? A. About dinner time I was there alone. Q. Isn't it a fact a good portion of the time you were there alone ? A. Quite a portion. Q. How many names were registered during the time you were there acting as inspector? A. I couldn't say; I should think there must be half a dozen or more while I was there alone — there were quite a number. Q. As many as a hundred during the two days you were there ? A. Probably there was. Q. You were there alone a good part of that time ? I was alone a good part of the time from 12 to 2, while the others went to dinner. 480 Q. You served all the time during the four days? A. No; two half days. Q. Were those the last two days ? A. I am not quite positive of that. Q. This was the second district of what ward ? A. Second district of the first ward. Q. That is the same place that Mr. Sproat voted ? A. Tes. Q. And that Mr. John Cowell acted as clerk ? A. Tes, sir. Gross-examination: By Mr. Dimmice: Q. What are your politics ? A. I am a Eepublican. Mr. HiRsoHBEKG. — There has been a statement made in one of the county papers that Mr. Lamont, the contestant, was shamming sick- ness to avoid the service of a subpoena from our side, and that state- ment has been copied more or less in the county papers. It is a statement that does great injustice to Mr. Lamont, and I wish to cor- rect it. There has been no subpoena issued by our side for him, there has been no intention of calling him, and the statement, so far as I am aware, and I learn also from my associates, the same is not true. Whatever may have been the origin of Mr. Lamont's sickness, it cer- tainly is not due to any intention on his part to avoid testifying in this contest. We would be willing to examine Mr. Lamont if there is any subject he desires us to examine him about, and he has offered himself as a witness. The committee adjourned until Tuesday, March 22, 1892, 7.30 p. m. Albany, Tuesday, March 22, 1892 — 7.30 p. m. The committee met pursuant to adjournment. Present. — Chairman Eoesch and Senator Endres. Chables Hulslander, being duly sworn, testified as follows : By Mr. Hirschberg: Q. Where do you live ? A. Bloomingburgh. Q. Were you one of the iuspectors of election in one of the districts of the town in which you live ? A. Yes, sir. Q. What town is Bloomingburgh in? A. Town of Mamakating, Sullivan county. Q. What district? A. First district. Q. Were you the inspector of election in that district last fall ? A. , Yes, sir. 481 Mr. DiMMicK. — We will admit he will swear the same as the other inspector that was here at the last hearing. Q. The official ballots were all right in your district? A. Yes, sir. Q. And marked "First district?" A. Yes, sir. Q. Including the Eepublican ballot as well as the others? A. Yes, sir. Q, It was the sample' ballots only that were the ballots of the third district? A. Yes, sir; the sample ballots only. Q. Were the inspectors .there all day long? A. Yes, sir. Q. Were there any irregularities in the district at all that day ? A. No, sir. Mr. GrABDNEE. — No questions. William Hornbeok, being duly sworn, testified as follows: By Mr. Hirsohbebg: Q. You heard his testimony ? A. Yes. Q. And you verify the statements he made right through? A. Yes, sir. Q. In all the questions and answers ? A. Yes, sir. John H. Moss, being duly sworn, testified as follows: By Mr. Hirsohbebg: ' Q. Where do you reside? A. One hundred and thirty-five Lander street, Newburgh. Q. Were you one of the inspectors of election in the third district of the third ward last fall ? A. Yes, sir. Q. In Newburgh? A. Yes, sir. Q. Who were the other two inspectors of election ? A. E. M. Peattie and DeWitt C. Cameron. Q. Did the Democratic inspector verify the count of the votes by yon and Mr. Peattie ? A. Yes, sir. Q. Did you count your share of the ballots correctly ? A. I did ; yes, sir. Q. Did you verify Mr. Peattie's count ? A. What do you mean by "verifying?" Q. Go over it after him ? A. No, sir. Q. You counted your own ? A. I did. Q. Counted them correctly ? A. I did. Q. And they were correctly and accurately returned as counted ? A. Yes, sir; sure. Q. You don't know anything about Mr. Cameron or Mr. Peattie's, only the result was correct in the total ? A. In the total* 61 482 Q. You didn't count their ballots over after them? A. No, sir. Q. The -whole amount agreed with the poll- list ? A. Yes, sir. Gross-examination : By Mr. GakdSer: Q. If they made a mistake in their count you don't know it, do you? A. I couldn't swear to any mistake. Q. Your opinion as to the correctness of the result is somewhat speculation, you don't know whether it was correct or not, do you; all you know about it is what they said as to their count ? A. All I know about it is, that there were democratic watchers on my side and so on around. By Mr. Hieschbbeg: Q. You were watched by a Democratic watcher ? A. I was. Q. And he was satisfied with your count ? A. He certainly was. Q. The other Republican inspector was watched by a Democratic watcher? A. Yes. Q. And they were satisfied with his count ? A. Yes. Q. And there was a Republican watcher watching the Democratic inspector ? A. Yes. Q. And he was satisfied with his count ? A. Yes. Q. So they were satisfied all around ? A. Yes, sir. Andrew W. Ttgekt, being duly sworn, testified as follows : By Mr. Hibsohbeeg: Q. Where do you reside ? A. No. 328 Washington street, Newburgh. Q. Were yoa an inspector of election last fall in the seventh dis-- trict of the first ward of the city of Newburgh ? A. Yes, sir. Q. Who counted the ballots in the district at that election ? A. The inspector. Q. Anyone else ? A. No, sir. Q. Did either of the watchers or the poll clerks or ballot clerks ? A. No, sir. y. Or handle the tickets? A. No, sir. Q. Did you each count a portion of tickets, or did each of the inspectors' count them all? A. Each counted a portion. Q. Did you count correctly those which you counted ? A. Yes, sir. Q. Was the result as certified correct ? A. Yes, sir. Q. Did it balance and accord with the poll-list? A. Yes, sir. 483 Q. Were jou watched by a Democratic watcher? A. Yes, sin Q. He was satisfied with the result ? A. Yes, sir. Gross-examination ; By Mr. Gabdnee: Q. If the others made a mistake in the count, those that counted the piles, certainly you don't know it ? A. It all amounted up to the total. Q. The several sums which they mentioned figured up and amounted to the total that you refer to ? A. Yes, sir. Q. You don't know whether the sums which they declared were correct or not, if you didn't count their ballots ? A. There was only one Democratic inspector, and there were two Republicans. , Q. You know what I mean ? A. Yes. Q. Why don't you answer the question ? A. I did. Q. You wouldn't know whether it was correct or not unless you counted it yourself ? A. Hardly. Q. Your opinion as to the result being certified to as correct depends upon whether they counted their piles correctly or not ? A. Sure. Q. Which you are not able to state positively, are you ? A. Hardly; no, sir. Mr. HiESCHBEKG. — They have been examined as witnesses, and they have testified their count was correct, and I simply bring him to prove his count was correct. Joseph Coon, being duly sworn, testified as follows: By Mr. Hieschbebg : Q. Where do you live ? A. Seven Clark street, Newburgh. Q. Are you a member of the Sherman Club ? A. Yes, sir. Q. Were you a member of the Sherman Club last fall ? A. Yes, sir. Q. Did you receive any part of the doiiatioli that has been testified to in this contest ? A. I did not. Q. Or receive anything that day, election day ? A. Nothing. Q. Or any other day after election ? A. Nothing. Q. Do you know Mr. Henry Matthews ? A. Yes, sir. Q. Know him very well ? A. Personally quite well; yes, sir. Q. Did you hear him say anything about his testimony in this con- test, what he expected or was to get for it ? A. I did. Q. State to the committee what he said. Mr. DiMMicK. — We object to that. Mr. HiBSCHBEEG. — That objection has been ruled on a number of times; I suppose the ruling will be the same. 484 The Witness. — He made a statement in regard that he expected to receive a hundred dollars benefit. Q. Where did he say that ? A. Said that in Washington street, right opposite my aunt's house. Q. Who were present at the time ? A. There was ker husband and Mr. Eeed. Q. What is her husband's name ? A. Coleman Major. Q. What Keed ? A. Henry Eeed. Q. When did he inake that statement ? A. I couldn't say positive what the date of the month was; he made the sttatement, but it was before ever he came up here. Q. Before he came here as a witness ? A. Yes, sir. Q. Did he say anything about anyone else coming here as a witness, what they could make ? A. No, sir. Q. Or ask anybody to testify ? A. Nothing more than my aunt's husband. Q. Did you hear him ask him ? A. Yes. Q. What did he say to him ? A. He asked him to come down town with him; he wanted him to make a statement, if he went to a certain place he could get $100. Q. Did he say what place he should go to ? A. No, sir. Q. Did he say what he would go for ? A. No, sir. Q. Was it in connection with this contest ? A. I presume it was. Q. That was the subject of conversation? A. Yes. Q. That was to Coleman Major he said this ? A. Yes, sir. GroHS-examination : i By Mr. Gardner : Q. You have known Mr. Matthews for some time ? A. Yes, sir. Q. Never had any quarrel with him ? A. No, sir. Q. What time of day did you say this was ? A. I didn't state the time of day. Q. Can you state now? A. No; I couldn't state the time of day. Q. Was it in the night-time ? A. It was not in the night-time. Q. In t^ie day-time ? A. Must have been. Q. Do you know where Matthews was standing at the time he said that? A. I do not exactly; no. Q. Was he in the street or in the yard ? A. On the sidewalk. Q. What were you doing there ? A. I was coming from my aunt's house. Q. You were coming out of the house ? A. I had come out of my aunt's house; 485 Q. Where did Major stand when he said that to him ? A. I don't know exactly. , Q. Who was Matthews talking to ? A. He was talking to my aunt. Q. Was Major around at the time ? A. Major was in hearing. Q. Where was he standing? A. I don't know where he was standing. Q. Do you know where he was ? A. He was in the street. Q. How far ? A. That I don't know how far. Q. Are you sure of that? A. Tes, sir. Q. Can't give any idea ? A. No idea. Q. To,u are as positive of that as anything you have stated on the standi A. Yes, sir. Q. What do you say then he was within hearing of Matthews for ? A. Because he was in hearing. Q. How do you know if you say you are positive you can't say where he stood ? A. I don't know how far, but I know he was within hearing. Q. Where was your aunt standing at the time ? A. She was stand- ing outside of her gate on the sidewalk. Q. Do you know how far from Matthews? A. No, sir. Q. Did she say anything back to Matthews? A. I should judge she did. Q. What did she say ? A. I don't know exactly what she said. Q. You can't remember ? A. No. Q. Was Matthews offering her $100 to go down to this place ? A. Not that I know of. Q. He was talking to her ? A. Yes, sir. Q. What did he say ? A. He said that if she would let her husband go down — Coleman Major — down town with him that he could make $100. Q. Is thai what you stated in answer to Judge Hirschberg ? A. I presume it is. , Q. That is the truth, what you stated last, is it? A. Just the same. Q. How long had you been a member of that Sherman club ? A. Ever since it was organized. Q. Did you attend the meeting a night or two before election last fall? A. I did. Q. Did you see B. B. Odell there? A. .Not as I remember of. Q. Were you in Pelham's house on election day ? A. No, sir. Q. Alsdorf's? A. No, sir. Q. Dawson's ? A. No, sir. 486 Q. Where were you on election day ? A. I was just able to hobble to the polls to put in my own ticket; I was at the time employed at the Mei;chants' hotel. Q. What do you understand was to be done with this $600 donation? A. It was donated to the club to organize a club of their own, or give an entertainment; whatever they were disposed to do with it. Q. Did you understand afterwards it was divided among the mem- bers of the club ? A. Not until I seen it in the papers. Q. Do you know of any of the members that got any part of it? A. I don't' know anything about the distributing of the funds at all. Q. Do you know what they have done with the funds since they received it? A. I do not. Q. What Mr. Matthews swore to, are you able to state in any par- ticular it was false ? A. I haven't heard him swear to anything. Q. When Mr. Matthews swore the club got a $600 donation and it was divided up among the members of the club, are you able to state whether that is true or false ? A. I am not able to state, as I said before. Q. Will you tell me what Mr. Matthews wanted Mr. Major to swear to? A.' I do not. Q. He didn't ask your aunt to tell him to swear to anything in par- ticular ? A. Not as I know of. Q. When did you last attend the Sherman Club ? A. I couldn't tell you exactly; when was the last meeting? Q. Was it before or after the last election in the city of Newburgh ? A. It was before,,the last election. Q. Did you attend after the fall election ? A. I attended several meetings after the fall election. Q. Was there anything said in the meeting in regard to the fund of $600 after election? A. Not at any meeting I attended. By Mr. Hieschbebg: Q. The club meets quite regularly ? A. Yes; a great many meet- ings since the last fall election. Q. You are a regular attendant ? A. Yes, sir. By Chairman Eoesch: Q. Are you an of&cer of the club ? A. No, sir. Q. Were you ? A. I were once. Q. Were you in the club-rooms the night Mr. O'Dell delivered a speech ? A. Yes, sir; I was. Q. What did he say ? A. He didn't say anything more that I remember of; he said he trusted the club as being a good, solid. 487 Eepublican club, and stand up to their rights, and that was all the address I can remember. Q. Tell you all to vote straight ? A. Not as I remember. Q. Who was your treasurer ? A. I believe it was William Dawson. Q. Do you know anything about his getting any money? A. I do not. Q. Did you have any furniture; the club? A. One of the white members had got us the privilege of the room; the furniture in the room. Q. It wasn't your room at all? A. No; only friendly given us. Q. They met in that room? A. Not in the same room; they had another room previous to that. ^. Same building ? A. Same building. Q. Do they still meet there ? A. I presume they da. Q. Tou meet there ? A. I do. Q. Lately? A. Not lately, because I am steward on a boat and I am not permitted to get there. Q. How often were you there before last election? A. Whenever I was permitted to attend them I always attended the meetings. Q. How many members in that club ? A. I couldn't tell you how many there is. Q. How many were there there before election ? A. Something over a hundred. By Mr. Hibschberg: Q. All Eepublioans the members of the club ? A. Yes, sir. Q. And always 'voted straight ? A. Yes, sir. Q. Didn't require any admonition from the State committee in that respect? A. No. By Senator Endkes: Q. When this hundred- dollar conversation was talked about, did he say who was to give this hundred dollars ? A. No, sir. Henbt Reid, being duly sworn, testified as follows: By Mr. Hirschbeeg: Q. Where do you live? A. Two hundred and fifty Washington street, Newburgh. Q. Are you a member of the Sherman Club ? A. I am. Q. Were you last fall ? A. I was there. Q. Did you receive any part of the donation that has been given considerable prominence in this proceeding; the $600 ? A. No, sir. 488 Q. Did you hear Matthews talking to Mr and Mrs. Coleman? A. No, sir; I wasn't there that time. Q. Did he say anything to you? A. He said something to me; he spoke to me about going down with him; that I could make sixty dollars if I would go with him down street. Q. For what purpose? A. Say two or three words. Q. In reference to what ? A. To go down to Mr.' Gardner's office with him, and I could make sixty dollars; so I did not go with him, and I spoke to Major and Dawson, and the next thing I saw Major was running after Dawson asking him about it. Q. Did he say what he was making, Matthews? A. No, sir; he didn't say what he was making. Q. When was this ? A. That was here early last fall. Q. Before he was examined as a witness ? A. Yes, sir. Q. What about did he want you to say two or three words ? A. I don't know; he never stated to me the words to say. Q. Where did he tell you this ? A. My going down Broadway. Q. Are you still a member of the club ? A., I am. Q. Have you been to meetings since the election ? A. I have. Q. Several of them ? A. Yes, sir. By Chairman Roesoh: Q. When were you to the last ineeting ? A. This last month. Q. Was there anything said at any meeting that you attended about the donation ? A. There was. Q. What was said? A. That there would be a donation to the club, to keep our club up. Q. How much of a donation ? A. I don't know exactly how much there was. Q, Six hundred dollars ? A. I understood so I believe. Q. Did you get any share of that ? A. I did not. Q. Do you know anybody that did ? A. No, sir. Q. Wasn't told anybody got a share ? A. No, sir. Q. Who got that $600 ? A. I don't know who got it. Q. Who paid it ? A. I don't know that either. Q. Did any of the members tell you who paid the money ? A. No, sir. Q. Or who received it ? A. No, sir. Q. Some of the gentlemen who have been here as witnesses in this case, and who were members of the Sherman Club, told us they got five dollars and forty-five cents apiece, and some of them got three dollars; I think one or two got only two dollars; what do you say to that; ever hear about that before ? A. I heard told of it. 489 Q. Tou didn't know anything about it yourself ? A. I didn't know anything about it; I didn't see it. Q. Are you an officer of the club ? A. No, Bir. ' Q. Ever was ? A. I was not. Q. Where were you on election day ? A. I was out to Mr. Vail's working; I came down at noon time and voted. Q. Did you see Mr. Dawson ? A. I did not until the next day. Q. Where did you see him ? A. Saw him on the street. Q. Talk to him ? A. I did. Q. Ask him anything about the $600 ? A. No, sir. Q. Make any inquiries after you heard some of you got five dollars and forty-five cents to know why others didn't get their share ? A. No, sir; I did not. Gross-examination : ' \ By Mr. Gardneb: Q. Where did you vote that day ? A, I voted in the sixth district. Q. What time ? A. I don't know; in the afternoon. Q. Who handed you the ballot ? A. I went up to the ballot-box and got it. Q. Can you read and write ? A. I can not. Q. Who showed you which one to vote ? A. I got the four ballots and I folded, and held them in my hand. Q. Which one did you vote of the fpur ? A. I voted the right one. Q. How could you tell which was the right one if you couldn't read? A. I had four ballots and I folded all four, and I held one and three in one hand, and handed him the other. Q. What ticket did you vote that day ? A. I suppose I voted the Republican ticket, ' Q. Did you have any paster ? A. I did. By Chairman Boesoh : Q. Tou put a paster on every one ? A. I put a paster on one. By Mr. Gakdner: Q. How many pasters did you have ? A. Three or four. Q. Tou put them on the ballot? A. Put one on one ballot. Q. Tou did so with the four ? A. I held the one I put in, I put a paster on. Q. Who gave you that paster ? A. I got that paster from one of the workers around the polls; I couldn't remember exactly who. Q. Was it Smith ? A. No, sir. Q. Rourke? A. No, sir; I don't know who it was. 62 490 Q. Pelham? No, sir. , Q. Alsdorf ? A. No, sir. Q. Dawson ? A. No, sir. Q. Was it Odell? A. No, sir; I didn't see Odell that day at all. Q. After you voted you stayed around the polls some time ? A. No, sir; I had my work to do. Q. What work ? A. Out in the country were I was working. Q. Did you go right back ? A. I went back that afternoon. Q. You saw Dawson the next day ? A. Yes; I saw him on the street. Q. What street ? A. Water street. Q. What time of day ? A. I don't know exactly what time; I came down after a load of boxes, and I met him there. Q. Talked to him? A. Yes. Q. Say anything about how you voted? A. No; he did not. Q. Did you ? A. I did not. Q. Havn't you told anybody that you got some of that donation ? A. No, sir; I have not. Q. Haven't said that to anybody ? A. I did not. By Senator Endbes : Q. Were you there at the last meeting ? A. Yes. Q. Was there a report of the treasurer made ? A. No, sir. Q. Were you there at any time when a report was made from the treasurer of the club ? A. No. Q. Do you know whether they have any money in the treasury ? A. I don't know. By Mr. Dimmiok: Q. Was the last meeting just before or just after the charter elec- tion ? A. After election we had our first meeting, this monthly meet- ing last month. Q. The month of March? A. No. Q. That was the first Monday in March ? A. Yes. Q. The Monday night before charter election ? A. I guess it was. By Mr. Gabdnee: Q. Did you believe that Matthews meant business when he told you about that sixty dollars ? A. I believe he did; I don't doubt him at all. Q. bid you ever come down to Gardner's office and see what there was about it ? A. I did not. Q. Why ? A. Because I didn't feel disposed to go after it; I says, " Mathews, I don't want to burn my fingers and get in any trouble; " I never got in trouble in that town and I wasn't going to get in trouble. 491 By Mr. Hibsohbebs: Q. Tou knew you couldn't get in Gardner's office without getting in trouble? A. No; he says, "You go with me in Mr. Gardner's office, and you can get sixty dollars as quick as that;" I said to Billy Dawson afterwards, and Major, "What do you suppose Matthews said to me; if I should go down to Gardner's office I could get sixty dollars. ' Coleman Majob, being duly sworn, testified as follows: By Mr. Hieschbebg: Q. You live in the city of Newburgh 'I A. Two hundred and forty Washington street, city of Newburgh. Q. Were you a member of the Sherman Club last fall ? A. Yes; I have been a member ever since they started the club. Q. Did you receive any part of this donation that has figured here so largely; $600? A. I received some money, but not for election; this was donated to the club; I got a part of it; not for election; I got five dollars and forty cents, and I don't vote for money; I vote for princi- ' pie; I am a Eepublican man right there. Q. You know Matthews ? A. Yesi sir. Q. State what Matthews said to you about what he was making or expected to make in this matter, or to your wife in your presence? A. Matthews told my wife; asked where I was; she told him I was out somewhere. By Chairman Eoesch: Q. You weren't there when he said that ? A. I am telling what she told me; my wife told me Matthews was here, and said if I would go down town and say three words I would- get $100; Matthews never said a word to me. Q. You didn't see him afterwards ? A. I never see him to change a word with him. By Chairman Eobsoh: Q. You don't know what those three words were ? A. No. Q. What did you get that five dollars and forty cents for? A. It was donated to the club. Q. Your share was five dollars and forty cents ? A. We could have a party or any thing we wanted with" that money in that room; do just as we were a mind to do with it. Q. What did you get this five dollars and forty cents for? A. That was donated to the club, a present, not for election. 492 Q. That was your share of the $600? A. I got five dollars and forty cents; all I got. Q. Do you get five dollars and forty cents every election day ? A. No, sir. Q. That was the only day you got it ? A. Yes, sir. Q. Grot it on election day ? A. I got it the day after election, in the afternoon. Q. Day after election ? A. Day after election. Q. After you had voted 1 A. Yes; and as I told the gentleman, I am a Republican man. Q. Who gave you the five dollars and forty cents ? A. Mr. Dawson. Q. Who else did he give five dollars and forty cents to besides you ? A. I don't know. Q. Nobody tell you either ? A. No, sir. Q. Who was present when you got the five dollars and forty cents ? A. There wasn't anybody present but Dawson ; I came by his house and he handed this five dollars' and forty cents to me. Q. Did he say what it was for 1 A. Didn't tell me what it was, but I heard after election we got a donation and he handed me this five dollars and forty cents. Q. What did you do election day ? A. I went to the poljs and voted, and then I went on to work. Q. You worked at your usual occupation? A. Yes; I did. Q., You voted ? A. I voted. Q. You worked election day before and after you voted ? A. I went to the polls and voted, and then I went on to work election day; ' didn't hang around the polls at all. Q. What did you work at? A. Martin; keep a wholesale store on Front street, and I was driying for him. Q. What did you earn at that time a week ? A. I was only making seven dollars a week. Q. You had pretty steady work ? A. Yes. Q. A man m y? A. Yes, sir; I own a house of my own for thirty years. Q. You took five dollars and forty cents for your share ? A. Cer- tainly; if you make me a present of five dollars I would receive it, or a hundred, and I would thank you for it; I never would ask where it came from. Mabtha Major, being duly sworn, testified as follows: By Mr. Hibschbeeo: Q. You live in the city of Newburgh ? A. I do. Q. You are the wife of Coleman Major, the last witness? A. I am. 493 Q. Do you know Henry Matthews? A. Well acquainted with him, sir. Q. He had some conversation with you which you afterwards told to your husband ? A. I did, sir. Q. State to these gentlemen what that conversation was ? A. I was there taking care of his wife. Q. Matthews' wife? A. Matthews' wife; to come and say I could exact tell the day and date I can not; I can tell the day but to say the day of the month I couldn't say; he came in one day at noon and says, " Martha, where is Major ?" I says, " he has jjist gone to take a basket of clothes home for me; what do you want with him ?" He says, "I want to talk to you; I can't talk to Major." He says, "if Major will go,down street with me and say three words, he can make a hundred dollars." I says, " Henry, I want you to 'stop right where you are, because you know very well no man can go down street, no where, and say three words and make a hundreid dollars." I says, " thei;e is nothing but you and the devil; you have got in' some muss oi; another with your lies, and now you want somebody to help you out; and remember, if you get in a muss or any disgraceful muss, with any old man like him, it won't be well for you." I know perfectly well, gentlemen, what I am talking about; you needn't laugh; I have my good solid sense; I didn't come up here to lie or be made a fool of, and I expect to tell the truth if I am talking to gentlemen ; I says to him when I went home at night, " Pa, what do you suppose Henry says ?" He says, " I don't know.'' I says, " He came in all in a hurry and asked where you was; I said you had gone to take my clothes home." Q. You told your husband what Henry had said ? A. Yes. Q. How long was that before he came up here to testify ? A. 0, 1 guess that must have been, well, about, oh, three or four weeks, as rear as I can get at it. Q. Did he say anything about this contest or about election ? A. No; didn't say a word to me about it; never said how father was going to get out or anything about it; but I knew Henry was always in some mischief. Q. Does Henry always tell the truth ?. A. I wouldn't take him on his oath, and I have been acquainted with him for some fifteen years, if not over. By Chairman Eoesoh: Q. Ever have any trouble with him? A. Not personally, because I generally tell him just what I think of him, because I always know when he is getting up a lie, and I tell him right to his face. 494 Q. You thought he was getting up a lie at that time ? A. Tes. Q. Tou didn't believe he was telling the truth then ? A. Certainly, I didn't, and I told him to his face he wasn't telling the truth, and I says to him, " Eemember, my husband is an old man and never was in any lie and no muss, and if you ever get him in any muss it won't be well for you." Cross-examination : By Mr. Gaednee: Q. You live on Washington street ? A. I do. Q. You know where Mr. Dawson's house is ? A. I should think I would. Q. Right opposite your house ? A. No; it isn't. . Q. On the the other side of the street? A. On the same side we live on but a little below me. Q. You have made an affidavit; you signed some paper? A. I did not, sir. Q. Did you sign your name ? A. Never touched a pen, sir; my name is there but I never touched the pen. Q. How did your name get there ? A. I had a little girl in her eleventh year, and he was in such a hurry to get my name the little girl jumped up and says " I can .sign mamma's name,'' and he let her sign my name. Q. On election day you stated in that paper that you saw a lot of colored men coming out of Dawson's house with some money in their hand? A. Never. Q. Isn't it so? A. Never. By Mr. Hirsohberg: Q. Who tried to get you to sign a paper ? A. The other gentle- man there, I think they call him Graham. Q. Prom Mr. Gardner's office ? A. Yes; came and knocked to the door one day; I went to the door the same as any one else; he says "Is here where Henry Matthews lives?" I says "Yes;" he. says "Is Mrs. Major here;" I says "Yes, sir, I am Mrs. Major;" I thought the gentleman wanted me for work; he says "I would like to speak to you;" I says "Take a chair;" I did not sign the paper. Q. Did he make your daughter sign it ? A. Before I could say a word I had went in the room to give his wife a drink of water and he hollered to me and asked me if I could write; my little girl got up and says, " I can write," and got up and signed my name. 495 By Chairman Eoesoh : Q. Do you know what was in that paper ? A. Don't know what that man put in. Q. Did you tell your little girl to sign your name ? A. No; and I whipped her and I insulted him for daring her to do such a thing. By Mr. Gardner: Q. Didn't you state to Mr. Graham, the man that was there that day, that you saw a great many colored men come out of Dawson's house with money in their hands and you would cbme here to Albany to swear to it ? A. Never told him any such thing. Mr. Gardner.;— "We will ofEer the affidavit in rebuttal later on. George Daws, Jr., being duly sworn, testified as follows: By Mr. Hirsohberg: Q. Where do you live ? A. Monroe. Q. In the county of Orange ? A, Yes, sir. Q. Are you a voter in that toWn ? A. Yes, sir. Q. Last fall ? A. Yes, sir. Q. What district? A. First. Q. The Monroe district ? A. Yes, sir. Q. Did you vote at the election last fall ? A. Yes, sir. Q. Did you receive any money that day ? A. N6, sir. Q. Or prior' to that day or after that day in reference to election? A. No, sir. Q. Do you remember being in a barber shop in Monroe shortly after election ? A. Yes, sir. Q. And making a statement about your vote ? A. Yes, sir. Q. Do you recollect what thai statement was ? A. Yes, sir. Q. That you made publicly ? A. Yes, sir. Q. What was it? Mr. Gardner. — We object to that. Mr. Hirsohberg. — I only want to show why I subpoenaed him. Q. Did you make this statement, that Mr. Lamont was the only man , that ever offered you money for your vote ? Mr. Gardner. — We object to that unless they expect to prove the fact. I Mr. Hirsohberg.— ^ I do expect to prove the fact. That is just what you have done with your witnesses. Mr. Gardner. — We offered no such evidence as that until we were taken by surprise. 496 Chairman. Eoesch. — ^We will allow the question. Q. Did you make that statement? A. Yes, sir. Q. Did it refer to any ofEer of money by Mr. Lamont at any election? A. Yes. Q. It referred to another election than the one last fall ? A. Yes, sir. Q. It was a prior election ? A. Yes, sir. Q. Did he offer you money ? Mr. DiMMicK. — To that we object. Q. Was the statement true ? A. Yes, sir. Q. You^didn't say what election it referred to ? A. No, sir; I did not. By Chairman Roesoh: Q. You say Lamont offered you money ? A. Yes, sir. Q. At what election ? A. Four or five years ago. Q. How much did he offer you ? A. Didn't make no price. Q. "What did he say to you when he offered you money ? A. I was a stranger there; it was about four or five years ago. Q. He didn't offer you any specific sum ? A. No, sir. Q. He offered you no money at the last election ? A. No, sir. Q. Not since ? A. No, sir. Q. And he didn't know you at that time ? A. No, sir. Q. You were a perfect stranger ? A. Yes, sir. Q. Can you recall now the exact language in which you say he offered you money ? A. Yes, sir. Q. What was it ? A. He came up to me and says, " There is a half day's work in it." Q. Outside of that did he offer you any cash in any way? A. No, sir. Q. Or any sum of money in any way ? A. No, sir. Q. He said to you there was a half day's work in it 1 A. Yes. Q. If you would do what ? A. He didn't say what. Q. Did you what he wanted you to do ? A. He offered me a ticket, I suppose that is what he wanted me to do. Q. What tickets did he offer you ? A. Democratic, I suppose. Q. Where do you live now ? A. Monroe. Q. How long have you lived there ? A. About six years. Q. When were you subpoenaed to come here ? A. This morning. Q. Where were you when you were subpoenaed ? A. At my break- fast table, home. Q. How did you come to be subpoenaed ? A. That I can't tell you. 497 Q. Who knew that Lament offered you money four or frve years ago ? A. Just for the question spoke in the barber shop. Q. When? A. A spell agoj since last fall electiin. Q. Who was in the barber shop at the time ? A. Several in there. Q. How did you come to boast in the barber shop that Lamont had* offered you money ? A. They all got talking about it and asked me if I ever was bought. Q. Did you want to brag how you were bought ? A. No, sir. Q. Who was in the barber shop at the time ? A. Mr. Jackson and his son. Q. Who subpoenaed you to come here; do you know the man? A. Arch. Jackson. Q. Where does he live ? A. Monroe. Q. Was he in the barber shop ? A. No, sir. Q. How did he know of this ? A. I don't know. Q. What is his business? A. He is a driver for McKnight & Conklin. Q. Did you ask him why you were subpoenaed to come up here 1 A. Yes. Q. What did he say ? A. He said he knew nothing about it. Q. Did you tell counsel who has questioned you here to-night what you were going to swear to ? A. No, sir. ' Q. Or with Senator Richardson or any one else ? A. No, sir. Q. You have tdld no one as to what you were going to testify to here to-night ? A. No, sir. Chairman Eoesch. — The committee will rule to strike out the testi- mony of this witness. By Mr. Hirschbeeg: Q. Did you mention the time when this was offered you, when you were talking in the barber shop ? A. I don't think I did. Mr. HiESOHBERG. — I received a letter from a man in the' town that this witness had said publicly that Mr, Lamont waq the only man that had ever offered him any money, and on that statement he was subpoenaed. By Mr. Countbyman: Q. Did you take those tickets he offered you when he said there was half a day's work in it ? I want to show, in justice to the witness, he was not bought. Chairman Eoesoh. — He says himself not. 63 498 James H. Simpson, being duly sworn, testified as follows: By Mr. Hibsohbeeg: Q. Where do you live ? A. Turners. ' Q. Is that in the first district of the town of Monroe ? A. I couldn't tell you ; in the Turners district. Q. Were you there last fall ? A. I was. Q. Did you vote at the fall election ? A. I did. Q. Who were the workers at the polls ? A. Tom Jones, for one. Q. Which side was he working for ? A. Mr. Lament, I think. Q. You know he was working for Lamont that day? A. Yes, sir. Q. You understood he was at that polls in Mr. Lamont'e interest and against Mr. Eichardson ? A. Yes, sir. Q. Did he offer you any money to vote for Mr. Lamont? A. He did so. Q. At the same time did he give you any ticket or paster? A. No; he didn't give me no paster or ticket. Q. Did you agree to vote for Mr. Lamont? A. I did; I was a Democrat, anyway. Q. How much did he agree to give you ? A. He didn't say what he would give me, but he said he would give me some money. Q. Did you ask him after you had voted for the money? A. No; I didn't ask him any; I didn't get none yet. Q. He never has paid you ? A. No, he never paid me. Q. Where was he when he made this statement to you; how near the polls ? A. That was way down by Turner's. Q. It wasn't at the polls ? A. No, sir. Mr. Gardner. — No questions. Jacob L. Ebdnee, being duly sworn, testified as follows: By Mr. Hirsohberg: Q. Where do you live ? A. Turners. Q. That is in the town of Monroe ? A. Yes. Q. Do you vote in the second district of that town ? A. Yes, sir. Q. Did you vote there last fall ? A. I did. Q. Have you been a voter in that district for some years? A. Always. Q. Do you know Thomas Jones ? A. Yes. Q. Was he working there for Mr. Lamont that day ? A.. Yes, sir. Q. Did he offer you any money to vote for Mr. Lamont? A. He did. Q. How much? A. Five dollars. Q. Did you vote for him ? A. I did. Q. Did he pay you the five dollars ? A. He did. 499 Q. That day? A. That day; right away after he asked me what I would take to Tote for Mr. Lamont; I said I would take five dollars; he says, " I will give it to you; " I was in need of money. Q. Did he give you any paster or ticket ? A. No, sir. Q. Where was it he said this ? A. Out on the stoop right by the polls. Q. Within 150 feet ? A, Yes, sir. Q. Within fifty feet ? A. Yes, sir. Q. Just a few feet away ? A. Just outside the door. Gross-examinMiOn : By Mr. Gardner : Q. Were you around the polls most of election day ? A. No, sir, I was not; I was there about an hour; I was there until I voted. ■Q. Who was working at the polls for the Republicans that day ? A. I swan I couldn't tell you. Q. Who was the one that was handling the money for the Republi- cans that day ? A. I didn't see any money handled by a Republican that day. Q. Were you offered any by a Republican ? A. No, sir, not a thing. Q. Is Jones the only one that offered you money ? A. He is the only one. Q. Who else offered you? A. Nobody; he was working for Mr. Lamont: he had quite a big roll of bills. Q. Did you get that money 1^.1 did. Q. Before or after you voted? A. After I voted; took me around the corner of the mill, no farther than across this room from the polls and gave me five dollars. By Senator Endees: Q. Are you accustomed to being paid for voting ? A. No, sir. Q. Is that the first time? A. No; Mr. Lamont paid me once before. Q. When ? A. For supervisor. Q. When was that ? A. Year ago this spring. Q. Any other time you were paid for voting ? A. I think not. Q. What are your politics ? A. I am a Republican, always was. Q. And you sold yourself to Mr. Lamont on both occasions? A. You are right I did. Q. You sold your vote to Mr. Lamont on both occasions? A. Yes; he is a neighbor of mine. Q. That induced you to take five dollars from him or from a friend of his to TOte for him ? A. Yes, sir. 500 By Mr. Tatloe: Q. Did Jones give you a paster or ticket that day? A. No; he didn't give me no ticket or no paster; I got the ticket where I went in to vote and had to do it up and doubled it up. By Senator Endees: Q. You can read? A. Yes. Q. All he had was your word for it ? A. Yes. Q. How long have you known Jones? A. Ever since he was a baby; a great many yelars. By Mr. Dimmiok: Q. You and he are good friends? A. Good friends; always have \)een; yes, sir. / By Mr. Tayloe: Q. Did you use a pen when you went in the voting booth ? A. No, sir. Q. You took the ticket as the ballot clerk gave it to you ? A. Yes. Q. Folded it up and voted it ? A. Yes, sir. Q. You say you voted for Mr. Lamont, how do you harmonize the two statements ? A. Mr. Lamont was on the ticket that I voted; his name was on it. Q. You voted the whole straight Democratic ticket ? A. I did. By Senator Endees: Q. But you are a Republican? A. Yes; I ain't the first Bepublican that ever voted a straight Democratic ticket. By Mr. Hiesohbeeg: Q. You voted for Mr. Taylor for Assembly ? A. I did. Thomas Jones, being duly sworn, testified as follows: By Mr. Hiksohbeeg: Q. Where do you live 1 A. Turners. Q. In the second election district of the town of Monroe 1 A. Yes, sir. Q. How long have you lived there? A. Ever since I was born; about forty-five years. Q. Were you at the polls on election day last fall? A. Yes, sir. Q. Were you there all day ? A.I put in the day there. Q. Are you willing to make a statement of the truth of the facts that occurred that day ? A. What you ask me I will. Q. Were you there working in anyone's interest that day ? A. Yes, sir. 501 Q. In whose ? A. Mr. Lament's. Q. State how you came to be there that day in his interest? A. I was employed, of course. Q. By whom? A. Mr. Lamont. Q. What were you employed by Mr. Lamont to do ? A. Work for 'his interest, of course. Q. Get him all the votes you could ? A. Yes, sir. Q. Did he furnish you with any money? A. I didn't spend the money; of course he did. Q. Did you spend, some considerable money that day? A. I spent some. Q. Did you spend all he gave you or about all ? A. As far as T know; yes. Q. Did you get all the votes for him you could that day with the money? A. All I could; yes, sir. Q. You have heard the testimony of the witness, James Simpson ? A. Yes, sir. Q. He states you told him; you would give him some money if he voted for Lamont, did you ? A. Yes. Q. Why didn't you give it to him 1 A. He didn't tell me whether ' be voted for Lamont and didn't say anything about it. Q. You were not satisfied? A. I wasn't satisfied; that is the reason I didn't pay him; them I know I paid them. Q. That was the only reason ? A. The only reason. Q. You heard the testimony of Eedner? A. Yes. Q. Did you pay him the five dollars for voting for Mr. Lamont ? A, Yes. ' Q. Did you pay him with the money Mr. Lamont had given you ? A. Yes, sir. Q. You were satisfied he did vote for him as he said ? A. I would take his word for it; you can't tell much about those cabooses now. Q. You believed him? A. Yes, sir; or I wouldn't have paid him. ' Q. Were there others that day that voted for Mr. Lamont at your request ? A. Yes, sir. Q. Were there many of them ? A. A few of them. ' Q. As many as twenty? A. I don't think there was fifteen. Q. How many votes did you get for him that day that you paid for ? A. Oh, I don't know; I suppose probably thirteen or so. Q. At least thirteen; are you sure there were as many as thirteen ? A. Yes, I know it. Q. There may have been more ? A. I didn't pay for the whole of them. 502 Q. How many did you pay lor ? A. As near as I can come to it, I think seven or eight; I didn't put it down. Q. At least seven or eight ? A. Tes. Q. That you paid for out of Mr. Lamont's money ? A. Tes. Q. Did you have any money from any other source ? A. No, sir. Q. Did you have a large roll of bills, as Mr. Eedner stated ? A. I had money enough to carry the election there. Q. Tou got a large majority for Mr. Lamont ? A. Yes. Q. There were only thirty-three votes against him ? A. Something like that. Q. Out of 115 or 116, that is about the vote of the district ? A. I forget now. Q. In that neighborhood ? A. I suppose so. Q. That is the normal vote ? A. Tes, sir. Q. It was more than the ordinary party majority ? A. He got a good majority there. Q. More than the regular majority ? A. Tes, sir. Q. Can you tell the committee about how much money he gave you? A. Tes; I can tell what he give me and what he owes me. Q. How much did he give you ? A. I received a letter with thirty- five dollars in it. Q. How much more was he to give you ? A. He was to give me twenty-five dollars. Q. He has not done it ? A. No, sir; he said he had bad lack and couldn't pay it. Q. What was the price paid for votes there in his district ? A Different prices. Q. Anything higher than five dollars? A. From three to five. Q. According as you could get them? A. Tes; if I couldn't get them for three, give them five. By Chairman Eoesoh: Q. Tou had some money of your own ? A. I didn't say bo. Q. Had you ? A. No, sir. Q. All the money you got was what you got from Mr. Lamont ? A. Tes. Q. Tou say that you bought seven or eight out of Lamont's money; is that so ? A. That is so. Q. Tou got thirty-five dollars from Lamont? A. Tes. Q. And the prices ranged from three to five dollars each 1 A. Tes. Q. Was thirty-five dollars enough to buy those seven or eight with ? A. Tes, sir. 503 Q. Have anything left ? A. Not much to build on. Q. You said a little while ago you got thirteen voters? A. Said I got thirteen votes; I didn't pay for the thirteen votes, but Mr. Lamont paid for them; I got them for him and he paid for them. Q. How do you know he paid for them ? A. At least he agreed to; the men were satisfied. Q. Who did he agree with to pay for them ? A Several. Q. How do you know ? A. Because I heard the conversation. Q. Did you take part in the conversatidn ? A. I heai-d the conver- sation. Q. Where? A. At Turner's. Q. On electiop day ? A. Yes, sir. Q. At one time or every time that these men voted ? A. You know how they vote; don't you generally? Q. No; we don't know anything about your country ways. A. They don't all vote to once; they get them as they can, like everything else. Q. With each one did you have a conversation as you got them ? A . I did with what I handled. Q. You handled about thirteen ? A. I didn't say so. Q. You said you got about thirteen ? A. I said I paid about seven or eight, didn't I, and I said I got thirteen or fourteen votes he bought. Q. Outside of the seven or eight that you say you bought yourself, your knowledge in regard to the others is based on what you say you overheard ? A. I overheard it and I seen some of it; I heard the conversation and I seen the money when it was handled. Q. When you went to buy one of those seven or eight voters did you take anybody with you, or did you have your transactions with these men alone that you bought ? A. Yes, sir. Q. You had it alone ? A. I did. Q. When Lamont had his transactions with the others beyond the seven or eight making up the thirteen, did he have you with him ? A. I was^ wording right in with him. Q. And were with him ? A. I heard the conversation. Q. Did you take part in the conversation with the other voters ? A. In what way. Q. In reference to their votes or their price for their votes ? A. I heard the conversation. Q. Did yoii at any time take part yourself in any of the conversa- tions? A. Yes; a good many. Q. You brought him over a good many? A. Yes. 504 Q. When you say a good many do j you mean more than thirteen? A. No. Q. Thirteen is the highest that you got for Lamont ? A. As near as I can tell, yes; I didn't get them for Lamont. Q. Who did you get them for ? A. I got them for Lamont; I told you what I paid. Q. Tell us again? A. I told you what I paid; I told you I paid seven or eight, didn't I ? . Q. Yes. A. And I told you as near as I can remember he got the rest of them by my representing him; I would bring them up there, and they would vote and he would give them the money. Q. A moment ago you said you didn't get them for Lamont; what did you mean by that ? A. Did I say I didn't get them for Lamont; I said I helped him all day. Q. Tou' said you didn't get them for Lamont, what did you mean by that ? A. I didn't say that; you understand me right; I say seven or eight I bought myself; you understand that, and the rest I helped him get them; that is what I mean; take me as I mean. Q. Take you as you mean not as you say ? A. Take me as I say or any way you are a mind to. Q. Do you want that answer to go down ? A. No, sir. Q. Take you any way you are a mind to; suppose we don't believe a word you say ? A. It don't make any difference to me; what I come here for to tell the truth, and I am going to tell it. Q. Where do you live ? A. Turners. Q. How long have you lived there ? A. About forty-five years. Q. How old are you ? A. Forty-five. Q. What is your business ? A. I work around by the day; I worked for Mr. Lamont two years. Q. What is your occupation; what do you do for a living? A. I peddled junk all winter for a living to Newburgh. . Q. What are your politics ? A. What do mean by that ? Q. I think you had better answer the question; we age not here to be trifled with by you; we ask you what are your politics ? A. What do I vote ? Q. It seems to me the question is plain; are you a Democrat or a Republican? A. I will tell you; every presidential election I am a Republican; I kind of split up a little; town meetings and like of that, , all elections. , Q. You split up with the side that has the most money ? A. Who? me, no, sir; I don't; I split up for the best man that I think is the best man; see? 505 Q. The man that has the most money ? A. No. Q. How is it that you come to split up with Lamont to get his thirty-five dollars and his twenty-five? A. He has always lived around there and I knew him a good while and I thought I would help the man. Q. I thdught you were a Republican ? A. Yes; in presidential election. ' Q. As a rule you vote the Republican ticket in local matters ? A. I didn't say I did. Q. Do you? A. Sometimes I split up as I told you; a man I like I help him a little. Q. Quite exceptional for you to vote the Democratic ticket ? A. No. Q. Ever vote the Democratic ticket except when you voted for Lamont? A. Yes. Q. When ? A. I don't recollect just now. Q. How many voters in the election district in which you worked A. I couldn't tell you. Q. Have you lived in that district all these years, in that same dis- trict ? A. Since the town has been divided I used to go down to the Highlands and vote; it has been changed. Q. Can you name anyone of the seven or eight men that you bought 7 A. Yes, some of them. Q. Name them? A. I don't know as I have a right to do that. Q. We say you must name them ? A. I say I won't name them. Q. Very well then, we shan't believe a word you say. A. All right; I don't want you to believe them. Q. Do you know of anybody that was bought of the thirteen beyond the eight that you say you bought 1 A. Yes, sir. Q. Name them ? A. I know some of them, of course. Q. Name them? A. Jim Cook. Q. Name another ? A. Sherman Hall. Q. Name another; what are their politics ? A. Hall claims to be a Republican. Q. You say you bought them for Lamont ? A. I didn't say I bought them for Lamont; I say Lamont bought them. Q. Did you buy any one for Lamont ? A. Yes. Q. Who ? A. I told you who I bought. Q. Who ? A. They have been sworn here. Q. Who? A. Jake Redner. Q. Anyone else ? A. No; not in this room. Q. Is there anyone else you bought for Lamont ? A. Yes. Q. Name them? A. I don't know as I can name him now. 64 506 Q. Did you buy anybody for Lamont? A. Yes; I told you I did. Q. Who did you speak to before you came here to testify to-night? A. Nobody. Q. Tell anybody you could give some testimony in this case? A. No, sir. Q. Who subpoenaed you ? A. Sidney Smith. Q. Who is he ? A. One of the Republicans there to Turners. Q. How long has he known you ? A. Every since I was born, I suppose. Q. Does Lamont live in the town? A. He stays there sometimes; he don't live there all the time; he has business around. Q. Where does Lamont live? A. Lives in Turners, there to Head Pond. Q. Is that the only time you had money on election day from, Lamont ? A. I don't suppose this is brought in any other time. Q. Did you have money at any other time from Lamont ? A. This hasn't anything to do with any other time; yes; I have had money. Q. Outside of Eedner can you name any other man that you have bought? A. I didn't say I bought Bedner; oh; Jake Eedner; I bought him; I thought you meant Myers. Q. Anybody else you bought outside of Jake Redner that you can mention; do you know Mr. Gardner? A. No, sir. Q. Do you know Mr. Taylor? I know one Taylor at Central Valley. Q. Do you know Mr. Dimmick ? A. No, sir. Q. How long have you known Lamont ? A. I have always known him ; I suppose I have known him twenty or twenty-five years. Q. Ever^have any business dealings with him of any kind outside of last election ? A. I worked for him two years. Q. Are you a man of family ? A. Yes, sir. Q. Live and pay rent? Yes; lived in one house five years; I wouldn't live there if I didn't pay r^nt; I worked for Mr. Lamont two years, and I have always — By Mr. Dimmiok: Q. Did you buy these men in the morning or in the afternoon of election day ? A. Some bought in the afternoon and some in the morning. Q. Which did you buy the most ? A. I think I had a better run in the afternoon. Q. Which did Lamont have the better run of; those that he pur- chased? A. I think in the afternoon; I don't think he got there until after dinner; I didn't see him. 507 Q. Did you see him buy in the morning ? A. No, sir. Q. You say you have lived in the town of Monroe forty-five years; did you live in Newburgh a portion of that time ? A. I lived here two months; that is all. Q. How long ago was that you lived two months in Newburgh ? A. I think it is thirteen or fourteen years ago. Q. What was your business there ? A. I wasn't doing nothing. Q. Wasn't bartending ? A. No. Q. Where did you live ? A. I lived over Belknap & McCann's soap factory on Front street. Q. No. 6 or 8 ? A. I forget. Q. Tour family living there with you ? A. No, sir. Q. Were you living with anyone else? A. I had no family at that time. Q. Were you living with anyone else ? A. Yes, sir. Q. Who ? A. Living with my sister. Q. Was she keeping house ? A. She was. Q. What was your sister's first name ? A. Cynthia. Q. Was she the proprietor of the house ? A. She lived there. Q. Who was the proprietor of the house I A. She was. Q. Was it a house that Mrs. Van Tuyl formerly kept ? A. No, sir, I know where she used to keep ; she used to keep on Front street. Q. Did you ever live with Mrs. Van Tuyl or at her house ? A. No, sir. Q. Did yOu ever tend bar for her? A. No, sir. Q. Did you ever live at 152 Smith street ? A. Yes, before I moved \ down to Belknap & McCann's. Q. Did you ever live at 152 Smith when Mrs. Van Tuyl kept that house ? A. No, sir. Q. Did you ever live at 8 South Water street? A. No, sir. Q. You swear positively you never lived with Mrs. Van Tuyl or done a,ny business for her? A. Yes. Q. You are acquainted with Daniel Maloney ? A. Yes, sir. Q. You rode up from Newburgh in the same seat with him ? A. Yes. Q. Didn't you tell him you tended bar for Mrs. Van Tuyl when she kept a house on Front street, and Smith street and South Water street ? A. I don't recollect it. Q. Didn't you tell him you were in Newburgh off and on for four years, working for Mrs. Van Tuyl? A. No, sir. Q. Tending bar for Mrs. Van Tuyl ? A. Don't recollect telling him that. 508 Q. Didn't you tell him you tended bar for Mrs. Van Tuyl when a man named Joe Kennedy lived with her ? A. I said Joe Kennedy lived with her, and you heard it; you sat in the seat. Q. Didn't you tell him you tended bar for her ? A. I might have been there once or twice a day and tended for her, I don't know but I did tend bar for her a day or two at a time. Q. Every week or so ? A. I didn't say every week or so. Q. Nearly every week or so ? A. No, sir; I didn't. Q. You knew the character of the place, knew what kind of house she kept ? A. Never asked her business. , Q. You knew it was a house of ill-fame? A. I didn't know nothing about her business. Q. Didn't you know it was a house of ill-fame ? A. What is that ? Q. Did you know it was a disreputable house, a house of prostitu- tion ? A. Yes; I knew it was, that is, I heard them say. Q. At the time you were tending bar for Mrs. Van Tuyl, was your sister Cynthia an inmate of that house? A. No, sir; that ain't got nothing to do with that if it is. . ' ^ Mr. HiRscHBERG. — If Mr. Lamont sees fit to use an instrument of this kind he must take the consequences. By Chairman Boesoh: Q. Have you ever been ia trouble ? A. No, sir. Q. Trouble with the police? A. No, sir; never got locked-up in my life. By Mr. Hirschberg: Q. Mr. Lamont has used you at elections before ? A. Yes, sir. Q. A number of times ? A. Yes, sir; 1892, 1889 and 1890, 1 worked there. Q. Mr. Lamont worked himself in this district in the afternoon ? A. Yes, sir. Q. Is it a fact that whatever floating vpte that was purchasable you tried to get for him? A. Yes; I worked for him and done all I could for him. Q. You don't want to tell the names of all the persons that voted there that you paid money to ? A. No, sir. By Chairman Roesch: Q. How long was Lamont around that poll on election day ? A. I couldn't tell you how long. Q. Was he tliere in the morning ? A. .1 didn't see him in the morning. 509 Q. Was he there before 2 o'clock in the afternoon ? A. I couldn't tell you what time it was. Q. Was he there before 3 o'clock in the afternoon ? A. I don't think I seen Mr. Lamont that day until about between 2 and 3 o'clock. Q. You didn't see him after 3 o'clock ? A. Yes; I did. Q. Until when ? A. Until when the polls closed. Q. When did the polls close ? A. I went up and got a wagon for him to go and get two or three men; I couldn't tell what time it closed. Q. You didn't see him until after 2 o'clock ? A. I don't think I did that day. Q. Between 2 o'clock and the close of the polls, I understand you said you kept rushing men up to him ? A. I got him all I could. Q. Between 2 and 4 o'clock you got him about thirteen men; is that so? A. I didn't say I got him thirteen men; I said me and him, together, was about thirteen; what I could help him in the afternoon; I suppose he got four or five. Q. How many do you suppose you got ? A. I got about the amount I got. Q. How many ? A. I told you eight or nine, seven or eight; as near as I could tell. ' ' Q. Was it six ? A. More than six. Q. Do you think you got eight ? A. I think I did. Q. Do you think you got nine ? A. Between seven and eight, as near as I can tell you. Q. You must have been pretty lively in the afternoon rushing voters up to Lamont ? A. As 'they came in quite a ways, and they hadn't come in as they do in the city; they came kind of slow. Q. Lamont was around with you all the time ? A. I didn't follow him up all the time; but I got what I could. Q. Where did you go to get the voters 1 A. As they would come in. Q. How far away from the polling place would you meet them ? A. Meet them anywheres under the shed. Q. What was the nearest to the polling place you met them? A. Sometimes right on the stoop as they were going in; kind of catch them and pull them back. Q. In all that time you and Lamont together got thirteen ? A. Yes, with what I got in the forenoon. ^ Q. How many did you get in the forenoon ? A. All day I think I got seven or eight. Q. That is all you got all day? A. What I got; I helped Mr. Lamont get what I could. 510 Q. When did you see Mr. Lamont last ? A. I haven't seen Lamont since he run this spring; since he got beat there. Q. Haven't seen him since the spring election? A. No. Q. Did you see him at the spring election ? A. Not this spring. Q. Tou didn't have any of his money at the spring election ? A. No, sir. Q. Did you have any trouble with Lamont ? A. No, sir. Q. Came here of your own free will ? A. Own free will; no m&n said a word to me until I came here. Q. How do you know they could give this testimony; how did they come to serve you with a subpoena? A. I don't know; I know how one part came. Q. How ? A. Because I got his vote and give him five dollars, and Mr. Simpson swears that I agreed to give him so much, and didn't do it for the simple reason I didn't think he voted for hiin. By Mr. Gaednbe: Q, When did you leave Mr. Lamont's employ, two or three weeks ago? A. No, sir; two years ago. . Q. Have you worked for him within the last three months ? A. No, sir; nor the last six; I haven't worked for Mr. Lamont only seven or eight days since 1890. Q. Tou and Mr. Lamont have ha,d no words ? A. No, sir. Q. This thirty-five dollars you got was in a letter ? A. Yes, sir. Q. Where did you get the letter ? A. I got it out of the oflSce. Q. When ? A. Just before election. Q. How long before election ? A. Two or three days, I suppose. Q. Was there any paper in the envelope with the money ? A. Yes, sir. Q. What did that paper state, if anything? A. " Use this to your best judgment," or something like that; I guess I have got it home; I can show it. Q. Was it signed or not signed ? A. Mr. Lamont's name to it, to the bottom. Q. Was it printed or written ? A. Written. Q, Are you acquainted with Mr. Lamont's handwriting so you would be able to state it if it was pij-esented to you ? A. I can't read at all. Q. How do you know that was signed by Mr. Lamont ? A. I didn't say it was signed by Mr. Lamont at all; I said it had his address on. Q. You did state positively Mr. Lamont's name was signed to that letter ? A. I say so yet. 511 Q. How are you able to state Mr. Lament's name is there if you can't read ? A. I have got a daughter that can read going on fourteen years old; she reads my letters. Q. Did you show that letter to your daughter ? A. Yes, sir. Q. When? A. Just before election. Q. All you know about Mr. Lamont's name being there is what your daughter ' told your ? A. She always reads my letters and if I write any she does my writing for me. Q. You will not put yourself on record as a fact that that letter was signed by Mr. Lainont, will you? A. No, sir; I will not; I can't say it was; I say it had his address on. By Mr. Hiesohbkro: Q. Before you got that had Mr. Lamont agreed to send you the money? A. He spoke to me in regard to election. Q. That he would send you money? A. Yes; he wanted me to go on and do what I could for him; he said he would fix the thing. By Chairman Edesch: Q. Did he say anything to you about the money? A. He said he would fix the thing so there would be an understanding. Q. Counsel said to you a moment ago, did he tell you he would send you the money and you said yes? A. He asked me whether he made any arrangements; he said he would fix the thing up for me and him. Q. He said nothing about money to you ? A. Of course, I looked for it. ,Q. Did he say he would send you money? A. He said he would fix the thing up and let me know before election; see to it. Q. You said you kept running out with voters and you bought about seven on eight, and you were busy bringing in voters, and that you overheard. — A. I didn't say I was busy bringing in voters; I said wherever I could get a vote for him I got it. Q. Still you had some time to overhear some conversations between Lamont and other voters ? A. Yes; they don't rush in so as they do in the cities; they come one by one, or maybe two at a time; there was time to attend to all of them. Q. Do you ever attend to voters for the Eepublican party ? A. Never handled no money. Q. They didn't trust you with the money? A. I don't know about that; I never asked them to trust me. Q. You got the thirty-five dollars a day or two before election ? A. Yes, sir. 512 Q. You had this thirty-five dollars on election day ? A. I kept it for that purpose. Q. When did you pay the seven or eight men off ? A.. I never run no bill; I pay as I go along. Q. You paid each one off as he voted ? A. As he voted; what I tell a man I will do, I do. Q. How much did you have left after you paid them off ? A. That ain't got nothing to do. Q. You have sworn you got thirty-five dollars from him; you got seven or eight voters at three to five dollars apiece; how much did you have left ? A. I can't tell you. Q. You got the thirty-five dollars two or three days before election ? A. That's what I said. By Mr. Taylor: Q. Did you have pasters or paster ballots on the day of election ? A. Didn't handle no pasters. Q. You had paster ballots ? A. I handled a straight, ticket. By Chairmq,n Eoesch: Q, Explain how they voted the straight ticket; did they; did they get the straight ticket from you on the outside ? A. What I made a bargain with, I gave them that ticket; I didn't give them no ticket; they said they would vote; I didn't handle no pasters. Q. You said you handled straight tickets? A. If I did I made a mistake. Q. Did you handle any tickets at all ? A. Didn't handle no ticket. Q. Then you didn't give the voter any ballot? A. I took the man's word for it. Q. What did you say to him; suppose Smith or Jones would come along, appa,rently a voter, to yote, what would you say to them; give us a sample of your conversation with a voter ? A. I would buy him for as little as I could. Q. You had no ticket to give to him, had you ? A. Didn't handle the tickets that way. Q. You had no ballot to give to him? A. Just took their word for it. Q. You had no paster to give to them? A. No paster. Q. You simply walked up to a voter and asked him how much he wanted for his vote ? A. I would take his word for it. Q. Would you ask him to vote for Lamont ? A. Yes. Q. Ask him to vote for anybody else ? A. I would not. Q. Would you ask him to vote the Democratic straight ticket ? A. told hiip to vote for Lamont; that was all I was working for. 513 Q. Tliese people you bought in that way Had you asked them to vote for Lamont, could they all read every one of them ? A. I don't know. Q. Isn't it a fact quite a number couldn't read at all ? A. I don't know whether they could or not. Q. Did you know each one you bought in this way personally, or were there, ■ some you didn't know at all ? A. No stragglers came there at all; I know all around there; the town is divided. Q. Mr. Lamont's name was on the regular Democratic ticket ? A. I know what I voted. Q. All you would do you would ask them to vote for Lamont and ask them their price ? A. I didn't say I asked them their price. Q. Would you ask them how much they wanted for their vote; what ticket did you vote ? A. I vo,ted for Lamont. Q. How do you know; you said you can't read? A. I can read enough to know that. Q. Tou couldn't read enough to read the letter? A. No; I can't read a letter. Q. Can you read print ? A. Tou put Lamont's name there. (Qiies- tion repeated.) A. Not to amount to anything; I can read a little. Q. Bead this; this is good big print ? A. I can make out one word or so. Q. Eead a single word? A. This is " first," ain't it? Q. Read up there ? A. I can't read it. Q. How do you know ■ you voted for Lamont? A. Can't I tell his name when it is on paper; I could always tell his name. Q. How far down was his nanie on the paper ? A. I didn't bother about that; I forget that; that is so long ago I can tell nothing about it. By Mr. Hiesohberg: Q. His name wasn't very far down that day at all; he carried the district ? A. ¥es, sir. Q. A.bout this twenty-five dollars; when did he promise to pay you that ? A. After election. Q. Before election to give it to you after election ? A. Yes; after ejection he said he had bad Ijick and got beat. By Chairman Roesoh: Q. When was it he told you he had bad luck ? A. That was aftef election, of course. Q. After which election?^ A; Last fall election. 65 . • . - 514 Q. Did he say anything in the letter iri which he sent you the thirty-five dollars about the other twenty-five, and did he say anything in any letter about giving you twenty- five dollars ? A. I didn't say he did. Q. After you got the envelope with the thirty-five doUais in it, did you see Lamont except on election day ? A. Oh, yes. Q. Did you ask him for the twenty-five dollars? A. Yes; I did. Q. How much were you to get in all from Lamont ? A. Twenty-five dollars is what I calculated to get. Q. How much were you to get in all ? A. I told you what I go^ first and I tol4 you what I calculated to get. Q. How much does that make ? A. Sixty dollars. By Mr. Dimmicz: Q. Tour mind has been a little affected, has it not, prior to this ? A. Affected how ? ' Q. Weren't you insane ? A. Election ? Q. Prior to election ? A. Yes; I had a big abscess on my neck and I was in the house three months last winter and I got a little out of my mind. , Q. How long is it since you recovered your mind ? A. It didn't last only three or four days with me. Q. You were there three months ? A. I was in the house three months with an abscess; I was out of .my mind three or four days and talked a little flighty so they told me. Q. When you went out in the street' didn't you have to have vi com- panion with you for some months ? A. That hasn't anything to do with this; I worked all last summer. George Madison Geeen, being duly sworn, and testified as follows: By Mr. Hirsohbeeg: Q. Where do you reside * A. Turners. Q. Town of Monroe ? A. Yes, sir. Q. Were you home all day election day ? A. Yes, sir. Q. Do you know who had charge of Mr. Lamont's interest at the polls that day ? A. Yes, sir; two men, Mr. Beattie and Mr. Jones, the last iwitness. Q. Ed. Beattie ? A. Yes, sir. Q. Did they work for him all day ? A. I suppose they did, as far as I could see; I was a watcjier inside. ' Q. Do you know this man Jones was there ? A. Yes. 515 Q. Do you know whether or not he occasionally brought voters there ? A. He didn't bring them in the polls. Q. Was Mr. Lament at all there during the day ? A. He was there in the afternoon about 3 or 4 o'clock. Q. Tou don't know what hour he came here? A. No; it was quite late in the afternoon. Q. Tou didn't see him until he came inside ? A. No, sir. Q. Lamont votes in that town ? A. Yes, sir. Q. In that district? A. Yes, sir. Q. Do you know Jones has worked for Lamont before ? A. I have seen him working in Lamont's interest. Q. Were you registered in that district? A. Yes, sir. Q. State whether there was any irregularity in the registry ? A. The first day of the registry I came up in the afternoon on what they call the mountain express, that gets there about 4.55, and the registry was closed ; I went down to register and it was closed^ I went there three times from that time until 9 and it wasn't open again that day, and they told me there it wasn't open from 2 o'clock in the afternoon. Q. When did you register ? A. I registered the next time we had a registry. Gross-examination : By Mr. Dimmick: Q. All the voters in that district were registered ? A. I believe they were. ' Q. What is your business ? A. Blacksmith. Q. Are you engaged in that yet? A. No; I am working in New York, 402 Washington street. Q. At what ? A. What they call the United States public service, appraisers' department. Q. You brought Jones and these other two men up ? A.. No, sir. Q. Did they tell you what they had testified to ? A. I didn't know I was going' to be subpoenaed until I stepped off thetrain. Q. Did Jones tell you what he was going to testify to ? A. I heard them speaking about it coming up. (Question repeated ) A. He said he had offered Mr. Kedner five dollars, or given Mr. Eedner five dollars, for voting; something like that. Abbam V. Crtjvee, being duly sworn, testified as follows: By Mr. Hikschbebg: Q. Where do you live? A. City of Newburgh. Q. Were you in one q| the election districts on last election day last fall ? A. Yes, sir. 516 Q. Which one ? A. Fifth district of the first ward. Q. Was there any electioneering within 150 feet of the polls ? A . There was not to the best of my knowledge. Mr. Gardner. — No questions. Michael Landy, being duly sworn, testified as follows: By Mr. Hirsohbebg: ' Q. _Where do you reside ? A. Goshen. Q. In the village ? A. Yes, sir. Q. How many districts are there ? A. Five. Q. Is there a town separate from the village ? A. Yes. Q. How many districts in the town? A. One, I think. Q. Where were you on the last election day? A. I was out in the fifth district. Q. Where was that ? A. Out about four miles from Goshen village. Q. What is the name of the place ? A. Mapes Corners. Q. Who was working there in the interest of the Democratic party ? A. Thomas Finan, Michael Nally, Michael Casey. Q. Those were the three workers ? A. I believe so. Q. What did you see them do ? A. I saw them working for the ticket. Q. How ? A. I saw one man there, John P. Morrell, tell a man to take that paster and put it on the tickets right outside of the raU. Q. And in the building ? A. In the building. Q. In the room where the vote was being polled ? A. Yes. Q. Do you remember the voter ? A. I don't remember now. Q. Did the voter go in ? A. Took the paster and went in the booth, and came out and voted. Q. He took this paster that Mr. Morell gave him in the booth with with him ? A. Yes, sir. Q. Who was Mr. Morell ? A. Superintendent of the poor of Orange county. Q. Democrat ? A. Yes, sir. Q. Was he electioneering there? A. He was. Q. Were there others electioneering within 150 feet of the polls ? A. I didn't hear them; I could see them talking. Q. You saw them talking with voters ? A. Yes, sir. Q. Right in the room ? A. Just outside. Q. Within the 150 feet limit ? A. Yes, sir. By Mr. Dimmick: Q. Was there any limit marked? A. No, sir; I called the attention of the inspectors to that. 517 Geobge Cummings, being duly sworn, testified as follows : By Mr. Hibschbeeg: Q. Where do you live ? A. I lived last fall at James Howe's creamery in the town of Goshen. . Q. Where did you vote ? A. Mapes Corners, fifth district. Q. Did you walk to the polls ? A. No, sir. Q. Who went with you ? A. I couldn't tell you. Q: Was it Mr. Nallv ? A. No, sir. Q. Or Finan ? A. No, sir. Q. Somebody that had a carriage ? A. Tes, sir. Q. Come with you 1 A. No, sir. Q. Mr. Hinchman ? A. It might have been. Q. It was someone that came there ? A. Someone that came to the creamery with a carriage. Q. Was it the Democratic carriage? A. That part I don't know anything about; it might have been for all I know. Q. Tou don't know anything to the contrary ? A. No; I don't. Q. Did you vote at the election? A. I did. Q. Did you vote for Mr. Lamont? A. I did. Q. Did you vote the Democratic ticket ? A. I did. Q. Were you paid anything ? A.I don't know whether I was or not. Q. Tes; you do ? A. I couldn't swear to that. Q. Did he give you any money ? A. Mr. Lamont ? Q. The person that took you there ? A. No, sir. Q. Who did ? A. I couldn't swear whether it was given to me for election or not. Q. It was given to you after you voted ? A. It was. Q. How long after you voted? A. Probably ten or fifteen minutes. Q. How much ? A. Oh, I got a couple. Gross-examination : By Mr. Gardner: * Q. Tou can't tell who it is gave it to you; you don't know who it was gave it to you ? A. Oh, well; I suppose I could tell. Q. We would like to hear. Senator Endres. — Any of the De|nocratic workers ? The Witness. — I couldn't tell you; Mr. Nally gave it to me. By Mr. Hieschberg: Q. He was named here as one of the workers, that is the Mr. Nally ? A. I suppose he gave it to me for my day. Q. Mr. Richardson didn't give it to you ? A. No, sir. 618 By Mr. Gtaednee: Q, What do you mean by the "day?" A. For the payment of my day's work. Q. How far did you have to go ? A. About a mile. Q. Did he say anything to you before you voted, the man that gave you the money ? A. No, sir. Q. What did he say when he gave ydu the money ? A. Didn't say anything. Q. Did he say anything about your day's work ? A. No; I sup- posed that is what it was for. Q. Did you know a«y Republicans that got any money there that day ? A. I can't say that I do. Q. Do you think so? Mr. HiESCHBEEG. — We have no' doubt there were for voting for Lamont. The Witness. — There might have been. By Mr. Hiesohbebg: Q. Didn't the man, whoever it was that came there with the carriage, tell you if you would go to the polls and vote the Demo- cratic ticket you would be paid two dollars for your day's work ? A. No, sir. , Q. What did he tell you you would get ? A. I can't say that he said anything about it. Q. Why can't you say; did Fred Ellis tell you that? A. No, sir. Q. That you would get two dollars ? A. I think there was, come to think about it. Q. When you voted, this man that took you there took you over to Nally and he gave you the two dollars ? A. I got the two dollars, I don't know the man that took me over, to save my neck. Q. Tou got the two dollars ? A. I got the two dollars. By Mr. Gaednee: Q. Was that said to you before or after you voted, that you would get the two dollars ? A. It is so long ago I don't believe I could tell anything about it. <3. Who handed you the ballots that you voted? A. One of the men at the polls. Q. Is it a fact that you spoke to no man about your day's work or money until after you voted ? A. I didn't speak to anybody at all. Q. And nobody paid you until after you voted; is not that so? A. No; I don't think there did. 619 Q. Aren't you sure there didn't; did you lose a day's -wages ? A. No, sir; I worked until noon. By Mr. Hiksohberq: Q. Didn't Fred Ehlers go with you in the carriage ? A. Tes. Q. Did he also vote ? A. Tes. Q. Did he also get the two dollars ? A. I can't swear to that. Q. You were with him ? A. I was with him. Q. Didn't he go to Nally at the same time ? A. He went over to Nally. Q. Did he go there for that purpose ? A. I suppose he did. Q. Didn't you see him in conversation with Nally ? A. I did. Q. Did he appear to be asking him for the money? A. No; he didn't. - Q. Did he tell you he got it; didn't he say he knew he was going to get it; didn't he tell you he got two dollars ? A. I don't know as he did. Q. Will you pwear he didn't? A. No; I wouldn't swear to that fact. »*Q. He is here ? A. Not that I know of. Q. He has been here ? A. I did hear he was up here to-day noon; but I haven't seen him yet and I don't believe he is here. Q. Wasn't it understood before you left the creamery you were to get two dollars if youl voted the Democratic ticket? A. No; I don't think it was. Q. When was the understanding made; somewheres on the way? A. Somewheres on the way, I think. Q. Fred Ehlers was in the carriage ? A. Yes. , • Q. Wasn't the arrangement made for him as well as you ? A. I suppose it was both together;. I couldn't hear the conversation unless he heard it too. • Q. It was for both of you? A. It was in the presence of both; I supposed it was meant for both. Q. Wasn't that the purport of it; he was Working in the creamery, too ? A. He was. By Senator Endbes: Q. Who did you talk to about getting money ? A. I am unable to say. ^ Q. Do you refuse to give his name ? A. I really don't know. Q, Tell us what he did say ? A. I coaldn't do it; it is so long ago. 520 Q. You certainly must recollect what he did say in the carriage? A. That slipped my memory. Q. Did you ever get two dollars for voting before, or aliy other amount ? A. Well; I am on this business. Q. That doesn't make any difference; we insist on an answer; if you don't I shall report it to the committee and have it reported to the senate; then you will go to jail. A. Then jail it is. Q. Have you been practicing this right along ? A. No, sir. Q. You never got any other money at any other time only last faU for your vote ? ^ A. I can't say I ever did. Q. The first time you ever got any money was when you got two dollars from this man ? A. Got two dollars. Q. Did he tell you it was for voting this ticket ? A. I have always voted the Democratic ticket; I didn't know what it was, whether it was for a present for me. ' Q. How did he come to give you this money ? A. I don't know. Q. We want to know what you know ? A. I don't know much about it. Q. What you have sworn to don't amount to much ? A. Only what I have told this gentleman. Q. You went in and voted ? A. I did. '«. Q. When was this, in the forenoon or afternoon ? A. Afternoon. Q. You came out ? A. I did. Q. You say you_can read? A. I can. Q. You voted the Demcratic ticket ? A. I did. Q. You came out and- went to him and told him you wanted some money? A. No, sir; I did not; I don't know who went to him. Q. How did it happen you got the two dollars ? A. They must have got sosae communication somewhere. Q. Did he come up to you, Nally, and give you two dollars ? A. He was doing the business, I suppose. Q. Did he come to you and give you two dollars ? A. He gave me two dollars. Q. Who ? A. Mr. Nally. Q. Did he come to you and give you this money ? A. He didn't come to me. Q. Who came to you to give it to you ? A. I sent in to him. Q. And said you wanted some money for your vote ? A. No. • Q. What did you sent in to him for ? A. This Ehlers said there was two dollars. Q. Is he the only man that said so in the carriage that went down ? A. As far as I know. 521 Q. It wasn't the other man that said anything about money at all ? A. I suppose -he did. Q. Did you hear him? A. No; Ijefore I came out of the creamery I suppose this man must have told. Q. Isn't it a fact you and Ehlers talked it up between you and said " here, we will go and vote, Und then we will strike these ^fellows for two doUaJs apiece ? A. No, sir. . Q. Nothing was said in the carriage about this money ? A. Only what Mr. Ehlers saiid. Q. Nothing was said by this man that came for you about paying any money for voting 1 A. Only what he told Mr. Ehlers, I suppose. Q. What you heard him tell ? A. He told Mr, Ehlers and he told me. Q. Did you hear him tell Mr. Ehlers ? A. No. Q. Then you don't know anything about what he did tell him? A. No. Q. You voted; what did you do after you voted; did you stand around the polls any length of time ? Ai No; I had to go back to work. Q, Then you sent in word to this Mr. Nally? A. We went in the saloon and there we met Mr. Nally. Q. Then you didn't send for him ?■ A. No. Q. You talked to Mr. Nally about this money? A. No; I didn't. Q. Who did? A. We didn't talk to Mr. Nally at all; I suppose he knowed what was wanted. , Q. He give you two dollars ? A. That is what I received. Q. From Nally? A. Tes. Q. Did he say anything to you when he give jt to you? A. I don't think he did. Q. Pulled it out of his pocket and give you two dollars ? A. Yes, sir. Q. Was Mr. Ehlers with you at that time ? A. Ehlers was close by. Q. Did he give him two dollars ? A. As far as I know I suppose he did^ but that I am not sure of. Q. Did you see him give this man Ehlers any money ? A. I couldn't tell anything about that; he may have done it. Q. You swear positively he give you two dollars ? A. Yes. Q. And said nothing about what it was for ? A. No, he did not. Q. Did you leave as soon as you got the money ? A. Went right out to work. Q. Did you buy any drinks out o| that money ? A. Not a cent. Q. Did you hang on to the mighty dollar ? A. I did; like I do on every dollar I get hold of. Q. Did you go home with Ehlers ? A. Yes. 66 522 Q. Did you say anything to him about receiving any money ? A. No. Q. Did he say anything to you ? A. No. Q. "You kept the thing very quiet ? A. Oh, mighty, quiet. By Mr. Hibschberg: Q. As I understand it, Bhlers was in the carriage with this man before you got it 1 A. Yes, sir. Q. When you got in the carriage Ehlers told you in the presence ■ of this man the man said he was going to give you two dollars. A. Yes, sir. Q. You both went down and voted ? A. We did. Q. After you voted you were told to go in the saloon and see Nally? A. Yes. Q. You went in the saloon and saw Nally, and you got your two dollars, and you suppose Ehlers got his ? A. Yes. i By Mr. Gaednek: Q. How did you come to come up here; who did you first tell you got two dollars ? A. Didn't tell anybody that I know of. Q. Who served you with a subpoena ? A. Mr. Shodd. Q. Do you know Mr. Richardson ? A. Yes, sir. Q. Have you talked with him to-day ? A. No, sir. Q. Talked with anybody else from the town of Goshen about what you were going to swear to ? A. Not a word. ■Q. Who came up ■« ith you ? A. Mr. Landy. Q. The witness that'has been sworn here ? A. Before me. Q. Didn't he drive out that day and ask to see you ? A. Didn't see nobody until this morning. Q. When did you see this gentleman last, before to-night ? A. I don't know as I have seen the man since election day, last fall; if I have seen him, I have had no talk with him. Q. Do you wish to be understood as saying that you have stated to nobody what you werd going to swear to here to-night ? A. I say I have stated to nobody what I was going to swear here to-night, or what I intended to swear to. Q. Has anybody asked you what you knew about it ? A. No, sir; not a word; I didn't know anything about it until this morning, and I am sorry I knew anything about it thfen. By Mr. Hihsohberg : Q. Sorry you took the two dollars, now ? A. I might just as well let it alone. 523 By Senator Endees: Q. Since election day up to this morning you haven't told a living soul a word about getting two dollars from Mr. Nally ? A. Not a one that I know of. Mr. HiESCHBEBG. — They have been subpoenaed on suspicion; they were watched. Mr. Hirschberg called Fred Ehlers and stated he had been sub- poenaed, but he did not answer. Joseph Mann, being duly sworn, testified as follows: By Mr. Hibschbeeg: i Q. Where do you live ? A. My home is Goshen; I work at Howe's creamery. Q. Did you go down to the Mapes Corners district and vote election day ? A. Yes, sir. Q. Fifth district, Goshen ? A. I suppose it is. Q. Mapes Comers ? A. Yes, sir. Q. What time of day did you go there ? A. About 8 o'clock or half-past in the morning. Q. Did you go alone ? A. fes, sir. Q, Did you vote there ? A. I did. Q. Who did you see there and talk to ? A. I went and voted my ticket. Q. Were you promised anything? A. No, sir; I voted my ticket and came out and saw Mike Nally ; he made a motion to me and I went over to him and he says, " I have $300 to distribute out here to-day; do you want to make a couple f I says, '■ what for ?" He says, " Vote this ticket; " I says, " what ticket ?" He says, " Lamont, a Democrat; " I says, "I have voted; " I put my gun on my shoulder and went home. Q. He didn't know you had voted ? A. No. Q. He showed you the ticket ? A. Pulled a paper out of his pocket. Q. Told you it was a Lamont ticket? A. Tes. Q. And if you voted you could have two dollars ? A. Yes. Q. You know Mr. Nally very well? A. Yes. Q. You had voted ? A. Yes, sir- Q. And so told him? A. Yes, sir. Cross-examination : By Mr. Gaednee: Q. What are your politics ? A. Eepublican. Mr. Gaednee. — We were going, to move to strike out that evidence, but I guess we will not make the motion. 524 By Chairman Endres : , Q. You didn't get any two dollars ? A. No, sir. Henry T. Van Deusen, being duly sworn, testified as follows: By Mr. Hieschberg: Q. Where do you live ? A. Town of Goshen. Q, Do you know the fifth election district there ? A. I do. Q. Were you there in any official capacity on the election last fall ? A. I was there as ballot clerk. ' Q. Who was there in the interest of the Democratic party? A. Electioneering ? Q. Yes ? A. I rather think Thomas Pinan was there. Q. Who else 1 A. Nobody that I knew of in particular. Q. Where did Thomas Finan do his electioneering ? A. I couldn't tell you. Q. Did he do any in the room? A. Not that I knew of. Q. Was he in there ? A. Yes. Q. A good deal of the time ? A. A good deal of the time I think. Q. What part of the room ? A. He was around inside the railing and sometimes outside; I couldn't tell you because I did not see him. Q. Both inside and outside the railing ? A. I think he was. Q. Did he bring voters in there ? A. No. Q. Was he in there with voters ? A. That I don't know. Q. Was he conversing with voters in there ? A. _Might have been, but I was attending to my duties. Q. What djities had he inside the rail ? A. I suppose he was watcher. Q. Don't you know ? A. I did know at the time. , Q. You were a watcher ? A. I was ballot clerk. Q. And didn't know who the watchers were ? A. I didn't know he was a watcher; I have understood since he was. Q. Who from ? A. He has spoken of it himself. Q. That is all you know is what he told you ? A. Yes, sir. Mr. Gardner. — No questions. Dewitt C. Dtjelan, being duly sworn, testified as follows: By Mr. Hirsohberg: Q. Whiere do you reside ? A. Town of Goshen. Q. Were you in the fifth district on election day last fall ? A. Yes, sir. Q. In what capacity ? A. Ballot clerk. Q. Who were the inspectors? A. Mr. Popino, Millspaugh and Carpenter. 525 Q. Who did you see there that day in the interest of the Demo- cratic party ? A. llr. Fihan. Q. Where was he electioneering 7 A. About the room. Q. A good part of the day? A. I don't know that he was electioneering. Q. And inside the rail ? A. By times I think he was. Q. Do you remember Mr. Landy making a protest against his being in there electioneering? A. I think he did. Q. Was there any difference then? A. No; I don't know as there was. Q. Went on just the same ? A. I think it did. Q. Was he talking to people there ? A. Passing the time of day with them, sure. Q. Did you hear the coiiversation ? A. No; anything more than speaking to them. Mr. Gardner. — No questions. John P. Popino, being duly sworn, testified as follows : By Mr. Hirschbeeg: Q. You were one of the inspectors of election in the. fifth district last fall ? A. Yes, sir. Q. Do you recollect Mr. Finan being there in the room during the day 1 A. Yes, sir. Q. Was he working for the Democratic party that day? A. I suppose so. ^ Q. Wa^ there a protest made against his being there 1 A. No, sir; I didn't hear no protest. Q. What was he doing in there? A. I couldn't say; I heard none of his conversation. Q. How much of the time was he in there ? A. He was there quite early in the morning; by 9 o'clock I should think. Q. Stay there all day ? A. About all day. Q. Was he a watcher ? A. Yes, sir. Q. Sworn in and appointed? A. He was appointed; yes, sir. Mr. Gardner. — No questions. James E. Millspaugh, being duly sworn, testified as follows: By Mr. Hirsohberg: Q. You are the other inspector in the (^strict ? A. Yes, sir. Q. You heard the testimony of the other inspector ? A. I couldn't hear all he said. 526 Q. He said Mr. Finan was in the room the most of the day? A. In the afternoon he was; he wasn't in there in the forenoon, I do not think. Q. Working outside in the forenoon ? A. I suppose he was. Q. Go in and out during the afternoon ? A. Few times. Q. Come in with anybody? A. No, sir; I don't remember he brought any one in.# Cross-examination : By Mr. Dimmiok: Q. He was a watcher ? A. Yes, sir. Q. Was he electioneering? A. I did not see him; not to my knowledge Daniel Cabpenteb, being duly sworn, testified as follows: By Mr. Hikschberg: Q. You were in the fifth election district ? A. Yes. Q. You saw Finan in the room ? A. Yes. Q. Was he in there as much as he was out?> A. In the morning of it he was outside the rail, and I saw him making attempt to pass a ticket in, and I says, "That won't do;" and he says, "I won't do it again; " then he was appointed watcher after that, and then he was inside the rail. Q. He handed a paster to a voter ? A. Yes; had it in his hand and the voter didn't get it; I says, "That won't do." ,Q. Then he swore in as a watcher? A. Yes. Q. What time of day was that? A. Long enough to get the appointment from Goshen down to our polls than he was inside the rail as watcher. Q. You don't know what he did after that? A. No; I didn't see any irregularities after that. Joseph Walling, being duly sworn, testified as follows: By Mr. Hibschbebg: Q. Do you corroborate the testimony of this witness? A. Yes. Thomas Finan, being duly sworn, testified as follows: By Mr. Hiesohbekg: Q. You reside in the town. of Goshen? A. Yes, sir. Q. You are the gentleman that has been referred to by these other witnesses ? A. Yes, sir. 527 Q. You can state your iniquity, or anything you did that was wrong there that day, in the way of electioneering within 150 feet of the ppUs? A. I don't know that I did anything. Q. Do you remember offering that paster? A. No, sir; I do not. Q. Tou were there most of the day ? A. Yes, sir. Q. How long were you there before you were appointed watcher ? A. I was appointed, supposed to be appointed,' watcher from the time I first went tjiere, but the inspector had left the voucher at his house and we had to send after it; I was appointed at the time, only the voucher wasn't there. Q. What hour in the day was it you got your credentials ? A. I think it was before 9 o'clock in the morning. By Senator Endkbs: Q. Do you know anything aboiit the two dollars ? A. No, sir. Q. You were there in the interest of the Demoora,tic party ? A. Yes, sir. Q. Were they paying two dollars for voters ? * A. I don't know. Q. Do you know anything about this 1 A. Did I see anybody get- ting*two dollars; no, sir. It is hereby stipulated by and between the counsel for the parties to this proceeding that the apparent discrepancy appearing upon the face of the returns in evidence is due to the failure upon the part of the inspectors to attach to the returns split tickets in each and every instance, and that the difference between the returns of the straight tickets and the votes cast for the respective candidates for senator, arises in the difference of opinion entertained by inspectors as to what is a straight ticket, and the trimmed ballots arising from the trimming of the official ballots and not that the official ballots were smaller than the law required. Counsel for the sitting member agreed to close their oral testimony on the adjourned day. The committee then adjurned to meet on Tuesday evening, March 29, 1892, at 7.30 p. m. Albaht, Tuesday March 29, 1892. The committee met pursuant to adjournment. Present — Senator Endbes. Jeremiah E. Barnes, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live? A. Thomas Kidge, Orange county; first district, town of Crawford. 528 Q. Were you poll clerk at one of the election districts there at the last general election ? A. Yes; first district. Q. Who were the inspectors ? A. Ira Van Cleef ; Samuel Anderson and Nathan Eumph- Q. What was the complexion of the board ? A. Wholly Democratic. Q. In counting the votes who took part in it? A. The inspectors unlocked the boxes; one of the poll clerks helped unfold the baUots and put them in piles; Democratic and Republican. Q. Did you see any man voting there that came inside and got his tickets? A. Yes; two of them; I don't know who the second man was; one man's name was William Boyce; I handed him the tickets; he took them and walked outside and the inspector went out and brought him back, and in the case of the man Boyce he voted his tickets without going, in the booth. Q. The first man that came there and went out doors, when he came back what did he do ? A. I think he went in the booth. Q. You are sure he went out doors before he went in the booth? A. Yes, sir. Q. Took the tickets out there ? A. Yes, sir. . Q. The official tickets ? A. Yes ; tickets I gave him. Q. Took them out of the building? .A. Yes; took them outside the room. Q. How long was he gone ? A. Probably ten minutes. Q. What did the other man do ? A. The other man went out of the room; I don't know whether he went out of the building with the official tickets and when he came back he had them folded and voted them. Q. Did you see anybody interfere with a voter there; was Daniel Thompson there ? A. Yes, sir. Q. What are his politics 1 A. Democratic worker on that day. Q. What are the politics of these two men you spoke of that went out of the building with the tickets? A. I don't know what the politics of one was, the other I think was a Republican. Q. State what you saw of Mr. Thompson ? A. I saw a man named John Decker come in, a Democrat, he got his tickets and said he had left his glasses home and was unable to fold them; Mr. Thompson, spoke up and says, "try my glasses;" he says, "I can't see with those;" Thompson took the tickets and looked at them and said, " you vote that " and told him to give the others to the inspectors. Q. Did he go in the booth? A. After that; yes. Q. How long was he gone ? A. Probably three minutes. ' Q. What was Mr.* Thompson ? A. He was simply a worker^ ( 529 Q. Democratic worker there ? A. Yes, sir. Q. Did a man come there about the time the polls closed? A. About five minutes before the polls closed. Q. Do you remember the hour the polls closed ? A. Four fif ty-twoi I think, was the tibae; he got there, probably, ten minutes of 5. Q. State what took place ? A. He had a great deal of trouble in folding his tickets and getting them right, and he came back three or four times and occupied from twelve to fifteen minutes, and when he voted it was eight minutes after the time the polls were to be closed. Q. Did anybody remonstrate against keeping the polls open ? A. Yes; Dr. Condit; he said the polls should be closed at sundown; the inspectors held the man had a right to vote. Q. They kept them open five to eight minutes after the time ? A. Yes, sir. Q. What was his politics ? A. Democrat. Q. You are an attorney-at-law ? A. Yes, sir. Gross-examination : By Mr. Gaedneb : Q. Was there anybody else that voted after that man tbat you refer to voted ? A. After 5 o'clock? Q. Yes ? A. No, sir; he was the last one voted. Q. You were in and around the polls at the time ? A. I was poll clerk. Q. You didn't observe anything irregular except as you claim his voting after sundown ? Mr. O'Neill. — What he stated here. > Q. What are your politics ? A. Eepublican. Q. By whom were you appoints as poll clerk ? A. I was appointed by Samuel Anderson. Q. Who is Samuel Anderson ? A. One of the inspectors of election. Q. Samuel Anderson; are you quite sure he is the one ? A. Yes, sir. Q. When were you appointed ? A. I was appointed about fifteen days before election. Q. Where was Anderson on the day of election? A. He was there; he was an inspector. Q. What are his politics ? A. Republican, I think. Q, I understood you to say in answer to the counsel — ? A. (Inter- rupting) Anderson was a Eepublican inspector; I made a mistake; I wish to correct my statement in that respect. Q. That man who didn't go in the "booth to make a preparation of his ballots; are you able to state his ii^me? A. Yes; William BoycCi 67 530 Q. Do you remember about where he stood when he prepared it ? A. I do not; he was outside of the room. Q. Tou didn't see the Democratic inspectors talking to him ? A. I saw the Democratic inspector go after him and fetch him back. Q. You didn't see him assist him in the preparation of his ballot ? A. No. Q. Do you know whether there is anything irregular about that or not? A. No; nob so far as the preparation is. Q. What did you assign as the reason why you thought the inspec- tor assisted him? A. I didn't assign any reason; I didn't say he did; I said he went one side and prepared his ballot. Q. Do you know whether he could see ? A. Yes; he could see. Q. Eead and write ? A. I couldn't say as to that. Q. Who was it you said assisted him ? A. I didn't say anyone. Q. What was his name; the Democratic inspector? A. Nathan Rumph. Q. You say Dr. Condit assisted somebody ? A. No ; I didn't say so; I said he objected to this man voting after sundown. Q. Did you see any other parties go outside that day and prepare the ballots ? A. I said I saw a man go out, but I didn't recall his name. Q. Do you know whether a Democrat or Republican ? A. I do not. Q. What were the politics of Boyce ? A. Republican. I think. Q. What are the politics of the doctor? A. E«publican. Q. Did the doctor come in with him ? A. In the voting place ? Q. Yes ? A. I think not; he was there. Q. Simply objected ? A. He acted as a watcher at the polls that day. Q. With the exception of the two or tht'ee instances that you have mentioned here, or rather two instences, did you observe anything which you claim to be irregular or out of order that day at the polls in that district? A. I don't think I did. Q. So far as you know, the result was correctly announced as to the count? A. Yes, sir. By Mr. O'Neil: Q. What election district ? A. First election district. By Mr. Washburn: Q. Did you see Dr. Condit working around the polls there that day ? A. I did not. Q. Are you sure he didn't go outside with that voter ? A. I am not sure. 531 Q. Are you sure he didn't meet that voter outside and help prepare his ticket outside ? A. No, sir. Q. Are you sure the doctor was in the room at the time the voter was out of the room ? A. I didn't take no notice of that. Dr. Daniel T. Condit, being duly sworn, testified as follows: By Mr, O'Neil: Q. Where do you reside ? A. First election district, town of Crawford. Q. Were you at the polls at the last general election? A. Part of the time. Q. YHjiat irregularities did you see there, if any ? A. I saw a man take his tickets and go in the booth and in a few minutes come out and when outside the railing showed them to another party; the tickets were folded outside and he went back inside the railing and gave them to the inspector. Q. What is his name ? A. Lineburg. Q. What are his politics? A. I believe him to b6 Republican; some- times he votes a democrat ticket. Q. Did you see any other irregularity there ? Aj Yes, sir. Q. State what it was ? A. There was a man come to the polls four or five minutes before the time for closing; his nataie was Walch. Q. What were his politics ? A. Democrat; he went in the booth and after a while came out and was sent back several times; in the mean- time it came time for the polls to close, and I asked at the time — and he was sent ba^k and the polls kept open; he was twelve minutes try- ing to get the ballot in, and the poU^ were kept open eight minutes after sundown. • Q. Did you remonstrate with the board ? A. Yes ; there was only one Democrat member of the board present at the time, the other two had gone to tea. Q. Notwithstanding your remonstrance, they held the polls open and received his vote ? A. Yes, sir. Q. Anything else? A. There was this man they spoke about — Mr. Boyce — he took his tickets and went out doors; I didn't see him go out of the building; I saw him on the street; I saw the inspector go down after him and come back with him, but I didn't know at the Jbime he had his ticket. Q. Who was the inspector ? A. Eumph. Q. He was a Democrat ? A. Yes, sir. Q. This man that went out of the building, whstt was he? A. Republican; he doesn't read or writei 532 Q. An ignorant man ? A. Yes, sir. Q. Is he what they call a " floater ? " A. Yes, sir. Q. Who was the inspector with Lineberg ? A. No inspector; the man he was talking to in the corner was another citizen named Smiley Howes, a Republican. Q. Who was the inspector that called one of these men back? A. Eumph, the Democratic inspector, went out and brought Boyceback; Boyce went out of the buildiog some 700 feet when he was overtaken by Kumph and brought back, Q. He hadn't voted yet ? A. Yes, sir. Q. Did be come back ? A. Yes, sir. I Q. He had the official ballots when he went out? A. Yps; I saw him have something in his hand; I understood afterwards it was tickets. Q. Did it look like tickets ? A. I was too far away to say positively; he came out and went down the street and got him and brought him back. Q. Did you go back then in the building ? A. No, sir. Gross-examiriation. i By Mr. Dimmick: Q. Did you object to the man voting — this man Eumph brought back ? A. No, sir. Q. Did you object to the man's voting that was counseling with the Republican ? A. I did not. Q. The irregularities that you say principally were committed by Republicans, weren't they, all with the exception of their not closing the polls in time ? A. No, sir; I think not. Q. State some irregularity that you saw a Democrat do ? A. I think I saw a Democratic clerk handling the ballots after the polls were declared closed. Q. Counting them ? A. No, sir; after they had began canvassing there were several ballots in the box that were scratched and they were handed around the board for inspection. Q. Were they the ballot clerks 1 A. No, sir. Q. Poll clerks ? A. The clerks of election. Q. Who was it that you saw ? A. Mr. Clark. Q. They weren't counting them, were they ? A. Only as they kept' a tally sheet. ^ Q. You were a watcher 1 A. No, sir. Q. Were you inside the guard-rail ? A. No, sir. 533 Q. You were there most of the day ? A. I was about one-third or half of the day. Q. Who were the Republican watchers at that polls ? A. We had no watchers either Democrat or Republican. By Mr. Gardnee: Q. Did you solicit any votes that day ? A. Yes; I did. Q. Where; around the polls? A. Yes, sir. ' Q. Had pasters ? A. I had. Q. The polls were held in a house ? A. In a wagon maker's shop, with blacksmith shop adjoining. Q. You were -around the blacksmith shop asking for votes ? A. No, sir. Q. In the 150 feet ? A. I was inside 150 feet, but I didn't solicit votes inside of 150 feet; I saw two Democrats soliciting votes inside of 150 feet. Q. Who were they ? A. Daniel Thompson and Samuel Livingston. Q. Whose votes did they solicit? A. I sii^jposed they were Demo- crats; they were voters. Q. Who were the men ? A. I saw Sam Livingston talking to an Irishman that lives above us by the name of Edward McKenna. Q. How near were you to him ?, A. I came out of the room and went in the blacksmith shop right after dinner; Sam Livingston stood by the stove and they had a paster between them. Q. You are unable to state whether they were talking on the sub- ject of election or any other subject? A. No; they appeared very much interested in the paper they had; tMy had a paster. Q. Who did you see Thompson soliciting ? A. I saw him talking to — I won't say certainly, but it was a man out at the door, and I spoke to him at the time, and told him he was inside of 150 feet; he had some tickets; I didn't pay any attention to what he said; I told him he was inside the 150 feet; he had been measuriiig the distance off and stalled it out. By Mr. Dimmick: Q. Was there any mark there to show the 150 feet ? A. Yes, sir; it was staked out in both directions on the street. By Mr. O'Neil: Q. Mr. Thompson staked it out ? A. Yes; Thompson and Oliver Gillespie. Q. Both Democrats ? A. Yes, sir. 534 By Mr. Dimmick: , Q. There was a Eepublican inspector there ? A. Yes, sir. By Mr. Hibschbekg: Q. That was during the day ? A. Yes, sir. By Mr. O'Nbil: Q. Not at the time they were waiting for this Tote ? A. I won't say positive about that, I think there was only one and he was a Democrat; they went to tea and when they came back the polls were declared closed and I walked down with the other two gentlemen, one remaining there, I going to tea and the polls were closed and the vote wasn't canvassed until after these gentlemen came back from tea. By Mr. Hieschbekg: Q. These poll clerks had these ballots in their hands when they handled them ? A. It vrasn't the poll clerks, it was the clerks of election. Q. Did they have the ballots in their hands, take hold of them and handle them ? A. Yes, sir. By Mr. Washburn: / Q. What do you mean by the clerks of . election of election ? A. You may call them poll clerks, it wasn't ballot clerks. By Mr. Dimmick: Q. Did you protest against the Republican inspector going to tea ? A. No, sir. Q. Do you think the Bepublican inspector was away from the polls at the time it was time to close the polls? A- I can't say. By Mr. O'Nbh,: Q. You are positive this vote was deposited after the polls should have been closed? A. Yes; it was eight minutes after because I had my watch out at the time. By Mr. Washbuen: ^ Q. The Eepublican inspector wasn't present at that time ? A. I couldn't say. Q. What was the name of the two men that left the polls with their tickets ? A. Mr. Boyce went outside, I saw him outside. Q. Did you meet him outside ? A. No. 535 Q. Had any conversation with him ? A. No, sir. Q. Is it a fact you helped him fix his tickets outside 1 A. No, sir; I did not. Q. What was the name of the other man ? A. Lineberg, he didn't take the tickets out of the room ; I saw him out in the street. Q. You didn't assist any voter in fixing his tickets outside of the limits ? A After he had gone in the booth ? Q. Yes, A. No, sir. Q. Or before he had gone in the booth ? A. I may have given him a paster. Q. The official ballot? A. No. Q. Didn't you assist any voter in arranging his official ballot after he had been inside the building ? A. Only in the booth, I went in the booth and helped a man that was partially blind and couldn't see. Q. What time did the polls close ? A. I think the sun went down 4.52, and it was after the sun went down. Q. What time were the polls declared closed? A. If it was 452 it would be just at 5 o'clock; I am not positive the time the sun went down, it was eight minutes after the time for the sun to go down. Q. You are not positive at what time the polls closed ? A. I have told you what I thought. Q. ^ou locate it from the time of sunset; if you should happen to be mistaken as to the time of sunset? A. About noon that question came up; we had been deprived of a Republican vote on this same thing a few years ago, and it was for that reason I asked so particularly ■ about the time; I had the time from the gentleman who opened the polls, they said that was the watch they were going by. Q. What time was it by that watch ? A. Eight minutes after the iime for the sun to go down. Q. What time was it ? A. I believe the sun went down 4.52. Q. Was it 5 o'clock ? A. I believe it was. Q. Will you swear it was ? A. I wouldn't swear to any more than I have. Q, This voter you think was in the polls and had received his ballot before it was time to close the polls ? A. Pour minutes before, he was twelve minutes fixing his ballot. , By Mr. O'Neil: Q. You had the testimony of the inspector in reference to the time the polls should close? A. Yes; I called his attention to his watch 636 "• Q. You paid particular, attention to that to see this ballot was deposited before the polls were closed, or the time fixed by the inspector for the closing of the polls ? A. Yes, sir. Q. Whether 4.52 or not, it was eight minutes after the time they had fixed for closing of the polls ? A. Yes, sir. Q. Whether it was 452 you can't remember ? A. No. Q. Eight minutes after they had fixed for sunset ? A. YeS; sir; all through the day in back of the railing in our district was crowded with voters both Democratic and Eepublicfin, there was no effort made to keep them out, and they were remonstrated with two or three times; I did for one. By Mr. Dimmiok: Q. Any Democrat remonstrate ? A. I don't know what they did, they might. Q. All Eepublicans remonstrate ? A. I didn't say so. By Senator Endees: Q. How many Democratic inspectors were there ? A. Two. Q. Both remonstrated with this crowd ? A. I think once or twice they sent some of them out; it got so full they were interfering. By Mr. Washburn: Q. Are you able to state at what time the polls were closed % A. Not any further than I have. Q. You haven't done it at all as yet. Senator Endees. — He says he believes it was 5 o'clock. Mr. HiESOHBEEG. — It was eight minutes after the inspectors fixed the time for sunset. Geokge Huntee, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. My home is in Chester; I live at Goshen now. Q. You are employed in a hotel ? A. No; Mr. Church's livery stable. Q. Were you living there at the last general election?. A. No, sir. Q. Where were you living? A. At Mr. Church livery stable in Goshen. Q. In what election district did you vote ? A. Second district, I think; the polls were held at Music hall. Q. Above the Orange hotel? A. Yes, sir. Senator Endees. — Is that the second district ? 537 Mr. O'Neil.— Yes. Q. Do you know Fred C. Lamont, the Democratic candidate for senator last fall 1 A. Yes, sir. Q. Where did you see him before election ? A. At Mr. Bacon's office. Q. Congressman Bacon ? A. Yes, sir. Q. Who sent for you ? A. Nobody in particular. Q. How did you come to go there ? A. Some gentleman spoke to me about going up there. ' Q. Who did you see when you got there ? A. Saw Mr. Lamont. Q. Did you have any conversation with him ? A. Yes, sir. Q. What was it ? A. In regard to working for him and voting for him. Q. What were you to do; what was said? A. He said he would pay me for it if I would work for him. Q. And vote for him 1 A. Yes, sir. Q. Did he give you any money; state what he said? A. He said he would give me ten dollars if I would work for him. Q. Was there anything said about voting for him? A. And vote *for him; yes, sir. i ' Q. Add the two together if he said so, if he didn't leave one out ? '*A.- Yes, sir. Q. What did you say ? A. I told him I would do it. Q. Did he give you any money that day ? A. Gave me a dollar. Q. That was how long before election ? A. Probably a week or two. Q. Any one else with you ? A. Yes, sir. Q. Who? A. William Eansom. Q. Did he give him a dollar, too ? A. I presume he did; yes, sir. Q. You were both together all the while ? A. He did; yes, sir. Q. You saw him give bim a dollar? A. Yes, sir; is that satisfactory ? Q. Who was working for Mr. Lamont at Groshen, who was the man that paid out the money, if anybody, who paid out the money for the votes; do you know a man named L'Amoreaux? A. Yes, sir. Q. What is his first name ? A. Jim. • Q. Who was he working for ? A. I judge he was working for Mr. Lamont. Q. Do you know ? A. Yes, sir. Q. Was he working for Mr. Lamont? A. Yes, sir. Q, In what district ? A. Second district. Q. Did you get two dollars the morning after election ? A. I did. Q. How was it given to you ? A. In an envelope. Q. By whom ? A. By Mr. L'Amoreaux. Q. You know him? A. Yes; an engineer, he used to be. 68 538 Q. Was there any other colored man there working for Mr. Lament election day ? A. Not as I know of. Q. Wasn't Mr. Low working for him. Stump Low ? A. He was working for Mr. Wilcox at that time. Q. Was he working election day for any candidate, Vas he peddling pasters ? A. That I don't know. Q. Did he give you a paster? A. He gave me one. Q. The Lamont paster ? A. Yes, sir. Q. Where was it ? A. Up to the house. Q. Near the polls ? A. Yes, sir. Q. Did he tell you where you would get the envelope the next morning? A. Yes, sir. Q. Did you go there to L'Amoreaux's to get the envelope ? A. Yes, sir. Q. And it had two dollars in it ? A. Yes, sir. Q. That was the morning after election ? A. Yes, sir. Q. Was it sealed up ? A. Yes, sir. Q. L'Amoreaux handed it to you ? A. Yes, sir. Q. Where did you see L'Amoreaux ? A. In his place of business under Mr. Howes. Q. He keeps a saloon ? A. Kind of a restaurant. Q. Low told you to take that paster and vote it and go there the next morning and get two dollars ? A. Yes, sir. Q. And you went there and got the two dollars ? A. Yes, sir. Gross-examination : By Mr. Gakdnee: Q. What did you say your first name was ? A. George Hunter. Q. Have you a middle name ? A. No, sir. Q. Are there any other Hunters in the village of Goshen? A. Yes, sir. Q. Colored people ? A. Yes, sir. Q. By the name of George ? A. No, sir; not by the name of George Hunter; my father's name is George but he is dead. Q. How long has he been dead ? A. Eight years. Q. Ab^out how long was this before election that you were in Mr. Bacon's oifioe? A. I couldn't tell you exactly the time, how long it was. Q. In answer to Mr. O'Neil you thought it was about ten days; tliat is correct, I suppose, or one or two weeks? A. I couldn't tell you the exact time. Q. Who was in the office with Mr. Lamont at the time, if anybody ? A. That I couldn't tell you. 539 Q. Was there anybody ? A. Some gentleman there. Q. Tou don't'know who it was ? A. I couldn't call him by name. , Q. You know Mr. Bacon ? A. Tes, sir. Q. It wasn't Mr. Bacon? A. No. Q. Mr. Merritt, his parter ? A. No. Q. He wasn'lj there ? A. No. Q. The gentleman's name you can't mention ? I could not. Q. Yon say he said he would give you ten dollars to work for him ? A. Tes, sir. Q. Did he give it to you ? A. No, sir. Q. At any time ? A. No, sir. Q. The one dollar which you say he gave to you; when was it given to you ? A. The day I went up there in his office and was talking to him. • Q. On this occasion that you mention ? A. Tes, sir. Q. When he handed you that one dollar was there anything said as to what it was given for ? A. There was not; no, sir. Q. What is your business? A. I am a working man; that is all I can tell you. Q. Have you a trade? A. No; I have not. Q. Do you know Mr. Hock? A. Tes; work for him. Q. Who were you working for at the time ? A. I was working, at Mr. Church's livery stable. Q. Tou are a man of family? A. Tes, sir. Q. Tou are not in the habit of selling your vote, are you ? A. I should hope not. Q. Tou have too much respect for yourself and your family for that, haven't you? A. I have got a good deal of respect for myself and my family and my grandparents before me also. Q. Tou ordinarily would resent an insult of offering you money for your vote ? A. I haven't done it as yet. Q. And never intend to so long as you can help it ? Mr. HiKSOHBEEG. — I wouldn't commit him to the future. Q. If it be true, and I presume it is from your appearance, that you have too much respect for yourself and your family to receive money for a vote, then the one dollar that was given to you by Mr. Lamont was to be applied on the account of working for him, wasn't it; isn't that the way you wish it to be put on the record, or do you wish it to be put on record you sold your vote for one dollar? A. No, sir; I didn't sell my vote for one dollar. Q. What was that one dollar given to you for ? A. I suppose it was to lush the boys up and get them around. 540 Q. Tou wish to qualify your testimony, do you not, and have it stated on record that the one dollar which Lamont gave to you was to help along in the election and treat the boys and so on, wasn't that the purpose? A. I don't know what purpose he gave it to me for; but he gave it to me. Q. Mr. Hock you have worked for more or less, he is a Republican, isn't he; you have been in the employ of Mr. Hock in the past? A. Yes, sir. Q. Working for him about the hotel ? A. Yes, ^ir. Q. Heisex-Republicancountyclerkof Orange county? A. Yes, sir. Q. For whom did you vote on election day for senator ? A. Mr. Richardson; is that plain enough? Q. Yes; are you acquainted with a colored gentleman from New- burgh named George Humans ? a.. No, sir. Q. Are you acquainted with a colored gentleman from Newburgh named Henry Hunians ? A. Yes, sir. Q. You have seen Mr. Humans at Goshen within the last four or five weeks ? A. I wouldn't say whether I have or not. Q. You have seen him this winter at some time ? " A. Yes, sir. Q. At Goshen? A. Yes, sir. Q. Did you have any conversation with him upon this subject as to how you voted at the last election ? A. No, sir. Q. Did you have any conversation with him upon the subject of this contest, this election contest going on here ? A. I was talking to him a little bit. Q. Who was by when you were talking to him ? A. Not anybody by when he was talking to me. Q. Were you that day in company with Mr. Humans at the office of Justice of the Peace Wyker ? A. I was ; yes, sir. Q. What called you to the office of Mr. Wyker; how did you come to go there in company with Mr. Humans ? A. He asked me to walk up there and I went up there with him. Q. What did he ask you to go up there for ? A. It was in regard to this, I suppose. Q. In regard to what you knew about voting last fall, wasn't it? A. In regard to what I knew ? Q. Yes. A. Why, yes; but I don't know anything about it. Q. You went with hiin ? A. I didn't go up with him; I didn't walk up there with him. Q. Did you go there ? A. I was there. Q. After or before he went there ? A. After he was there. Q. Was he there when you were there ? A. He was there before I got there. / 541 Q. Did you sign any paper in Mr. Wyker's office that day ? A. No, sir. Q. Did you put your mark on any paper ? , A. No, sir. Q. Did you make any statement to Mr. Wyker ? A. No, sir. Q. Did you make any statement to Mr. Humans? A. I did not; no, sir. Q. Did he ask you to sign a paper ? A. He did. Q. What was your answer ? A. I told him no. Q. When did you tell him you wouldn't, before or after you got there to the office ? A. I told him before I got to the office and I told him also afterwards. Q. How did you come to go to the office ? A. I walked up there, he asked me to come up there; Q. Can you read ? A. I can i:ead. Q. Can you write ? A. Yes, sir Q. Did you make your mark or write your signature ? A. I make my mark or write, either one. Q. [Presenting same. ] Will you look at that writing ? A. Yes, sin Q. Are you able to read it ? A. Yes, sir; that is not my writing, my name is signed there. Q. How do you know your name is Signed there ? A. The gentle- man signed there, I suppose, I didn't know; the gentleman that came up there- with Mr. Humans was drunk. Q. What was him name ? A. I couldn't tell you. Q. What makes you suppose he signed it ? A. That I don't know. Q. Have you heard before that it was signed there, your name ? A. I haven't heard so, no; he was talking very much like a man that was going to put it down there without my permission to put it down there. Q. You deny that is your mark, do you? A. I do; that is not my mark. Q. It wasn't signed by you ? A. No, sir. Q. Nor put there by you ? A. No, sir. Q. In the presence of Henry Humans ? A. It was not. Q. Nor sworn to before Mr. Wyker ? A. No, sir. Q. You didn't authorize anybody to put that mark there ? A. I did not authorize nobody to put no mark on there. ■ Q. If you at any time stated you voted for Mr. Richardson and got two dollars from the Republicans for so doing is it false or true ? A. I did not; no, sir. Q. If you stated it in writing to be so, is it false or is it true ? Mr. CouNTETMANj — We object to that. A. I told you I didn't sign it. 542 Q. On election day you were in Goshen about the polls ? A. No; I wasn't around the polls this last election . Q. Where were you ? A. I was driving. Q. For whom? A. For Mr. Wilcox; the man that keeps the livery stable. Q. In whose interest were you driving? A. Driving for the Eepublicans. Q. Working for Mr. Richardson? A. When do you mean, last election or last fall ? Q. Last fall? A. Last fall I wasn't driving. Q. For whom were you working ? A. I was working around the polls. Q. For whom were you working around the polls, Bichardson or Lamont ? A. I was working for Mr. Richardson, certainly. Q. Then Mr. Lamont don't owe you anything, does he ? A. Only what he said; he said he would give me ten dollars. By Senator Endres : Q. Did you ever get it ? A. No. Q. Did you ever ask him for it ? A. I did ask him for it Q. When ? A. Asked him for it two or three different times. Q. After the election ? A. Yes, sir. By Mr. Gardner: Q. Did you tell him you had been working for Richardson when you asked him for it ? A. No; I did not. Q. So you didn't vote for Mr. Lamont for one dollar? A. No; I did not. Q. And didn't vote on account of any promise made by Mr. Lamont; you did not vote for Mr. Lamont ? A. I told you no. Q. Did you see Mr. Hock that day of election? A. I couldn't say whether I did or not. Q. Did you see him the day before election ? A. That I couldn't Bay. » Q. You got a good many voters on election day ? A. That I couldn't say how many I got. Q. Ten to fifteen ? A. I don't know how many I got. Q. As many as that ? A. I don't know. Q. You got most of the colored voters in the village of Goshen to vote for Richardson ? A. I told you I don't know. Q. Didn't you get a good many of them ? A. I don't know as I have got to answer that question. 543 Senator Endres. — Answer it. Q. Didn't you get a good many Republican voters among the colored people for Eichardson on election day ? A. I got one or two I suppose. Q. You got a great many more than that, didn't you; didn't you get at least ten ? A. I couldn't say how many I got. Q. Will you mention the two you did get ? A. I don't know that I could mention their names just a^ present. Q. You had some understanding with them before they voted, didn't you ? A. Oh, no. Q. Were you subpoenaed once before to appear here in this investi- gation ? A. On what day ? Q. At any time excepting this time before this time; were you served with a subpoena before this time to appear here in Albany? A. I, think it was; yes, sir. Q. Do you remember the fiaan who served you with a subpoena ? A. I do not. Q. Is it that gentleman, Mr. Wager ? A. That is the gentleman that served me yesterday. Q. Somebody did, at least ? A. Yes, sir. Q. You didn't appear, did you ? A. No, sir. Q. Why didn't you appear ? A. Because I didn't have the money to appear with, to pay my fare here, that is the best reason in the world. Q. Was that a good reason why you should not appear, because the money wasn't given you, you understood that was a good reason why you should not appear ? A. I didn't have the money. Q. You understood that is a good reason you shoild not appear because you didn't have the money ? A. I did not, I didn't have the money to come with. Q. You took counsel in the cas'e as to whether you were obliged to appear, that is proper, you asked somebody as to whether you were obliged to appear here if you didn't have the money given to you ? A. I did not; no, sir; I didn't have the money to come with. By Senator Endres: Q. You spoke to nobody? A. No, sir. By Mr. Gardner: Q. Nobody advised you to stay away ? A. No, sir. Q. Weren't you to the train Monday morning following the time you were subpoenaed? A. No; sir; I was not. 544 Q. Didn't see any of the rest of tlie colored gentlemen from Goshen that were subpoenaed; didn't you know some others had been sub- poenaed ? A. I don't know anything about it. Q. Didn't they tell you they had been? A. No; I don't know noth- ing about that at all. Q. Didn't they show you any papers ? A. None of the rest of the gentlemen showed me any papers. Q. You didn't advise any to stay away ? A. No, sir. By Mr. Washbubn: Q. At the time you met Mr. Lamont in Mr. Bacon's office how many others were present besides you and Mr. Lamont ? A. Mr. Eansom. Q. Tou say you met Mr, Lamont a week or two before election at Bacon's office ? A. I can't remember what time it was. Q. Who else was present ? A. Mr. Eansom. Q. No one else? A. That I couldn't s^; I know Mr. Lamont was there and Mr. Bansom and myself. Q. You don't know whether there was anybody else there ? A. I couldn't say. Q. You saw Mr. Lamont give a dollar to Mr. Bansom ? A. Yes, sir. Q. Had he driven him anywhere about the country ? A. That I don't know. Q. Do you know whether he drove him at any time or not ? A. I couldn't say, Q. Was there any conversation between you and Mr. Lamont about how you expected to vote before he talked to you about( working for him at the polls ? A. I haven't said anything to him about it. Q. This man Eansom was he a driver at the livery stable? A. No; he wasn't at that time. Q. Did you work at a livery stable ? A. I was working up to Mr. Church's; Mr. Eansom wasn't driving. Q. He wasn't employed as a driver in any livery stable in Groshen? A. No, sir; he is here, he can tell you. Q. How do you know he was not employed in a livery stable? A. I am most positive he wasn't employed in a livery stable. By Mr. Hieschberg: Q. You knew who was employed in livery stables then ? A. Yes, sir. Q. Did Mr. Lamont say where" he wanted you to work on election day ? A. He didn't mention any particular place. Q. Did he say among whom he wanted you to work? A. He said he would like me to get all the votes I could for him. • 545 Q. Among the colored people ? A. YeB, sir. Q. In Goshen ? A. Yes, sir. By Mr. Washbdbn : Q. Mr. Lament eaid if you did work for him all day at the polls he would give you ten dollars for working for him at the polls ? A. Yes, sir. ByMr.O'NEiL: Q. And you were to vote? A. Yes; he wanted me to vote for him. Q. And he said so ? A. Yes, sir. By Mr. Washburn: Q. Had you not stated you were dissatisfied with Mr. Hock ? A. No; I am not dissatisfied with him and never was. Q. Did say so ? A. No, sir. By Mr. Hirschberg: Q. Humans tried to get you to go up to Wyker's to sign a paper ' there ? A. Yes, sir. By Mr. Washburn: Q. Do you know who wrote that paper ? A. I do not. By Mr. Hibschberg: Q. There* was a paper written there and you refused to sign it? A. I refused to sign it. Q. What was in it wasn't true? A. No, sir; wasn't true; the man that" signed it lives in Newburgh; the man that wrote the paper. Q. Was he a white man ? A. Yes, sir. By Mr. Washburn: Q. Did you see him write it ? A. No; I was told so. By Mr. O'Neil: Q. Was he intoxicated? A. He wasn't intoxicated; he was drunk^ By Mr. Washburn: Q. Did you read it? A. No. Q. You don't know what was in it? A. I couldn't say what was in it; I think it would puzzle a Sullivan county lawyer to read a letter he wrote at that time. Q. Did you see Justice Wyker have it in his hands at that time ? A. I did not. 546 Bj Senator Endres: Q. Who told you to go to Bacon's ofl&ce? A. I don't remember now who it was ; some one on the. street. Q. Tou went to Bacon's office and saw Lamont ? A. Yes, sir. William Ransom, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. Goshen. Q. Where did you live at the last general election? A. Goshen. Q. Did you ever see Mr. Lamont, the Democratic candidate for senator? A. Yes, sir. Q. Did you see him last fall in Goshen ? A. Yes, sir; seen him in an office he had in Mr. Bacon's building. Q. The congressman? A. Yes, sir. Q. Did you go there with anybody ? A. Yes, sir. Q. Who went with you ? A. Me and Mr. Hunter. Q. Did you go together ? A. Yes, sir. Q. How did you come to go there ? A. Mr; Hunter came for me to go up there ; said Mr. Lamont wanted a couple of men to work for him around the polls. Q. See Mr. Lamont there ? A. Yes, sir. Q. Anybody else ? A. No, sir. Q. What conversation did you have with him ? A. Just fisked usif we would work for him ; he says, " I will give you ten dollars if you will work for me to-morrow, and here is a dollar to start on." Q. Any thing said about your voting for him ? A. Yes; andwaqted 'me to vote, too. Q. You were also to vote for him ? A. Yes, sir. Q. And he gave you a dollar apiece to start on ? A. Yes, sir. Q. How long was that before election ? A. The day before election. Q. Who was the worker for Mr. Lamont, the colored man having Lamont pasters at the polls ? A. I don't know of anybody only me; I don't know whether George Hunter had any. Q. Do you know a man named Low ? A. Yes, sir. Q. Did he give you a paster the Jiext day? A. No; he wasn't in my district. Q. Did you have pasters yourself ? A. I had some of Mr. Lamont'a pasters. Q. Where did you get them ? A. I got them of a man named Jack Beddington. Q. Was he a Democrat ? A. Yes, sir. 547 Q. Did you get two dollars the morning after election in an envelope ? A. No, sir. Q. All you got was that dollar ? A. All I got was a dollar. Q. That was given to you by Mr. Lamont himself ? A. Yes, sir. Q. You were to vote and work for him ? A. Yes, sir. Q. He was to give you nine dollars more? A. Ten dollars outside of the dollar. Q. That was simply a starter ? A. Yes, sir. Q. Did you work all day? A. I worked all day for Mr. Lamont. Q. Peddling his pasters and voting for him ? A. Yes, sir. Q. You wouldn't have done it if it hadn't been for this ? A. No, sir. Q. You wouldn't have worked or toted for him if he hadn't paid you for it ? A. No, sir. Q. What district was it ? A. No. 2. Q. You saw him give Mr. Hunter a dollar ? A. Yes, sir. Q. You were both to work and vote for him ? A. Yes, sir. Q. You carried out your part of the contract ? A. Yes, sir. Q. Have you ever seen him since? A. Yes, sir. Q. Ask him for the money ? A. Yes, sir. Q. You didn't get it ? A. No, sir. Q. What did he say ? A. He said he wanted to see what I had done before he would pay me. Q. You were subpcenaed to come here ? A. Yes, sir. Q. Did he say he was beaten and didn't have any. money to pay you? A. He„ didn't say anything about that; he said he wanted to see what work I had done before he paid me. Q. You done all you could ? ' A. YeS, sir. Gross-examination : > By Mr. Gardner: Q. The time that you had this talk with Lamont you say was how long before the election? A. I think the day before election; the morning before eleotioh. Q. Where did you say? A, In the building belonging to Mr. Bacon. Q. Nobody was there except the last witness ? A. That is all; me and him and Lamont. Q. The little office of Bacon's? A. No; in another building next to Mr. Bacon's little office. Q. That is Mr. Bacon's house? A. Yes, sir. Q. You got a considerable number of votes that day? A. I got a few. Q. For Lamont? A. Yes, ^ir; I suppose they voted for Lamont; promised to. 548 Q. You voted for Mm? A. Yes, sir. Q. You got a dollar at the same time Hunter did ? A. Yes, sir. Q. You never sold your vote, did you ? A. No, sir. Q. Nor you wouldn't ? A. No, sir. Q. What was that dollar given to you for then ? A. He didn't say what it was for. Q. Didn't he say that it was — ? A. He said to go on and work and here was a dollar, and give George a dollar, and that is all he said about it. Q. And give you the nine dollars afterwards? A. No; he said he would give us ten dollars apiece. Q. You know the consequences of an oath if you swear falsely ? A. Yes, sir. Q. You voted for Richardson that day sure, didn't you ? A. No; I don't think I did ; I think I voted for Mr. Lamont. Q. Can you read ? A. Yes, sir. Q. Can you write ? A. Yes, sir. Q. [Presenting same.] Is that your signature ? A. That is my name, but it ain't my writing. Q. Swear to that ? A. Yes, sir. Q. Doesn't it resemble your writing at all 1 A. No, sir. Q. I want you to look at that again before you make a statement positively whether that is your signature; this is a sworn affidavit before as reputable a man as there is in Orange county ? A. That ain't my Jiandwriting. Q. You were in Mr. Wyker's office; justice of the peace ? A. Yes, sir. Q. On the 12th day of February, 1892 ? A. Yes, sir. Q. Who was there with you 1 A. Me and a man by the name of Riker from Newburgh. Mr. HiBSOHBEEG. — Raiser ? The Witness. — Raiser. Q; Mr. Humans was there also ? A. Yes, sir. Q. How did you come to go to the office ? A. They asked me to go up there and be sworn. Q. Did you sign any paper that day in Wyker's office ? A. I didn't do no writing. Q. Did you make an affidavit to swear to anything before Mr. Wyker ? A. I think this man asked me if I received any money on or before election, and I told him I think I did receive some before. Q. Did you say in that office that day or swear to it before Wyker that you voted for Richardson and got two dollars for it ? A. I don't think I did; no, sir; I don't say I voted for Mr. Richardson at all. 549 Q. Are you positive you didn't ? A. I don't say I voted for Mr. Bichardson. Q. And didn't swear to it ? A. No, sir. Q. And what sort of a paper did you sign ? A. I didn't sign any paper. Q. Didn't swear to anything did you; did Mr. Wyker ask you to swear to anything that day ? A. No, sir; Mr. Wyker didn't ask me nothing; this gentleman from Newburgh was the man that was talking. Q. Did you say this, or this in substance at any time in the office of Mr. Wyker on that day, " that at the regular election held in Novem- ber last he received two dollars for voting and did vote the Republi- can ticket, and that deponent further says that he was told to vote particularly for William E. Kichardson for State senator;" did you say that or in substance ? A. No, sir; I did not. Q. Nor swear to it? A. No, sir; I didn't. Mr. Gardner. — We will mark this affidavit for identification. [Marked "J. M. E."] Q. Did you that day have a conversation with Mr. Hock ? A. No, sir. Q. You know Hock? A. I do. Q. Did you have a conversation with him the day before ? A. Didn't have no conversation with him any time, before or after. ^ Q. Did you tell Humans you voted for Richardson ? A. I did not. Q. Did this other man? A. No, sir; Mr. Hock and me were on a little bad terms because I was working for Mr. Lamont. Q. Mr. Lamont pay you the ten dollars ? h. No, sir. Q. Haven't received any part of it ? . A. No, sir; I asked him for it once. Q. When? A. All the supervisors met in Goshen; I saw him up there one night and I asked him. Q. He was a member of the board? A. Yes; he said he wanted to see what I had done first. Q. Did he say he understood you had been working for Richardson ? A. No, sir; I told him I worked for him that day. Q. Were you around with Hunter that day? A. No; Hunter was working in another district. , Q. Are you in the second district ? A. I was over in the second district. Q. That is where Hunter was to work? A. He was in another district. Q. What district was Hunter in ? A. Fourth, I guess; he was work- ing the court house district, and I was working in the district where McNally has a printing office now; in the paint^shop. 550 Q. Music hall? A. No. Q. If Mr. Lamont didn't give you any part of that ten dollars, then you spent no money of Mr. Lamont's that day in getting votes? A. No; I didn't spend anybody's money. Q. The votes you got for Mr. Lamont was on account of your per- sonal influence ? A. That was all. By Mr. O'Nbil: Q. You are a Republican ? A. Yes; I didn't get any colored votes. By Mr. Gaedneh: Q. Are you sure it was the day before election you had this con- versation with Lamont? A. Yes; I am pretty sure it was; I think it was the day before, and that night, I think, they were to meet Mr. Bacon to his office. Q. There is no mistake about it, about its being the day before ? A. I think it was the day before election, pretty sure it was, I know it was. Q. What time ? A. I think in the forenoon, about 9 o'clock. Q. It couldn't have been the second day before election? A. I don't think it could, I think it was the last day. Q. You are sure it wasn't Sunday ? A. I know it wasn't Sunday, I think it was the day before election because we were to meet at Mr. Bacon's office that night; we went up there to meet him and when we got there one of Mr. Lamont's men went in and told him we wanted to see him, but he wouldn't have nothing to say to us. By Senator Endres: Q. You say it was the day before election you and Hunter went to Bacon's office to see Lamont ? A. It was the place Mr. Lamont had to do his writing. Q. Who told you to go there ? A. Mr. Hunter came down for me to go up there to see if I wanted a job to work for Mr. Lamont, so I went along with him to see Mr. Lamont. Q. Did Hunter tell you how he came to go there? A. No, sir. Q. Did you vote the Democratic ticket election day ? A. Yes. Q. The straight Democratic ticket ? A. Yes, sir. Q. What kind of a ticket did you vote? A. I put a paster on. Q. A whole paster ? A. No; had one of Mr. Lamont's. Q. You voted the balance of the ticket some other ticket? A. I didn't look at it to see whether it was or not, I supposed it was. Q. Ever work for a Democrat before for senator or any other office day of election ? A. No, sir; not for no Democrat. 551 CsARLES Low, being duly sworn testified as follows : By Mr. O'Neil: Q. Where do you live ? A. Goshen. Q. Orange county? A. Yes, sir. Q. Did you reside there at the last general election ? A. Yes, sir. Q. Fall of 1891? A. Yes, sir. Q. Do you know Mr. Lament,- Democratic candidate for senator ? A. Yes, sir. Q. Did you see him before election ? A. Yes, sir. Q. Whereabouts ? A. I drove for him several times and saw him on the street several times. Q. Did you work for ,him on election day ? A. I did. Q. Peddle pasters for him ? A. I supposed it was for hira. Q. Don't you know? A. I couldn't say, exactly, it was for hira; ' it was for the Democratic party. Q. Who did you agree with to do that work ? A. I was working for Mr. Wilcox then and he asked me if I would as soon take some pasters and go out on the street some. Q. Wilcox a Democrat ? A. Yes, sir. Q. What pay were you to receive for it ? A. He would get me five dollars for the day's work. Q. And you were to vote the Democratic ticket too ? A. He didn't say nothing about my vote. Q. Simply to work ? A. Yes, sir. Q. For the voters you obtained did you get any money? A. There wasn't anything said about any money; all was said we would get an envelope the next morning from Mr. L'Amoreaux. Q. That was the understanding when you gave a voter a paster he was to get an envelope from Mr. L'Amoreaux the next morning ? A. Yes, sir. Q. Do you know what was in the envelope? A. I didn't before election; I did after what the boys told me. Q. What was in the envelope? Mr. Gakdneb. — I object. Q. Who is L'Amoreaux; he was working for Mr. Lamont? A. Yes, sir. Q. What pay was he to receive ? A. I don't know. Q. Did you give George Brown a paster ? A. I think I did. Q. Did you give Samuel Ransom a paster; did you give .Bony Peterson a paster, Lamont paster ? A. No. Q. Did you give Fred Low a paster ? A. I don't know whether I did or not. i 552 Q. All you did give pasters the understanding was that they were to get this envelope the next morning at L'Amoreaux ? A. Yes, sir. Q. And you gave several pasters to several colored men? A. Yes, sir.. By Mr. Hibsohbebg: , Q. They told you they got two dollars in an envelope ? Mr. Gardner. — I object. Senator Endres. — Let the men come. Q. You gave several men pasters with the understanding the next morning they were to get an envelope of Mr. L'Amoreaux? A. Yes, sir. Q. You sent Hunter to him ? A. Yes, sir. Q. You sent George Brown ? A. I think I did. Q. How many in all did you give pasters with the understanding they were to get an envelope ? A. I think there was twenty-three, and I forget how many I had, and Anthony Dusenbury had the bal- ance; I can't remember now what names I did give; there were twenty-three between he and L Gross-examination ; By Mr. Washburn: Q. Do you know how these men voted ? A. No. Q. Do you know how Hunter voted ? A. No. Q. You heard him swear he voted for Bichardson ? A. Yes, sir. Q. All the rest may have voted for Bichardsou, as far as you know ? A. As far as I know. "By Mr. Hirsohberq: Q. You didn't give him pasters for that purpose ? A. No. By Mr. Washburn: Q. You didn't give Hunter pasters for that purpose ? A. No, sir. By Senator Endbes: Q. Have you ever worked for the Democrat ticket before ? A. No, sir; that was my first time. Q. You got how much for it ? A. Five dollars. By Mr. Washburn: Q. This time you worked for the Democrat ticket at the request of your employer ? A. Yes, sir. 553 By Mr. HiBSOHBUBa: Q. He was a Democrat ? A. Yes, sir. Habvey Gabnee, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live ? A. Goshen. Q. Did you live there at the last general election ? A. I did. Q. Fall of 1891 ? A. Yes, sir. Q. Do you know Charles Low ? A. Yes, sir. Q. Did you get a paster of him last election day ? A. Yes, sir. Q. He was working for Mr. Lamont ? A. Yes, sir. Q. Did you go to Mr. L'Amoreaux office the next morning ? A. Yes, sir. Q. Place of business ? A. Yes, sir. Q. What did you get there ? A. Got an envelope. Q. What was in it? A. Two dollars. > Q. When you got the paster of Mr. Low, were you told there to get the envelope after you voted ? A. Yes, sir. Q. You got the envelope the morning after election ? A. Yes, sir. Q. Of Mr. L'Amoreaux ? A. I did. Q. And it had two dollars in it ? A. Yes, sir. By Senator Endbes: Q. Had your name on it ? A. T^es, sir. Q. In ink? A. Written on with lead pencil. Groas-examinatwn ; By Mr. Gabdneb: Q. Can you i;ead or write ? A. No, sir. Q. How do you know your name was on? A. I can spell my own name. Q. Who handed you the paster ? A. Charley Low. Q. The last witness ? A. Yes, sir. Q. Do you know who you were voting for? A. Yes, sir. Q. Could you tell by reading the ballot or paster? A. He told me. Q. That is all you know about it ? A. Yes ; I know it was a Democrat. Q. The paster he gave you ? A. Yes, sir. Q. It was given to you outside the polls? A. Yes, sir. Q. You took it inside the booth? A. Yes, sir. Q. Folded it and put it in the box? A. Yes, sir. Q. All he said to you at the time he would give you an envelope ? A. Yes, sir. 70 554 Q. You didn't know what would be in that envelope at that time ? A. No, sir. Q. Tou had no suspicion what it would be, either; did you? A. Yes, sir. Q. About how big did you think it would be? A. About fifteen dollars or twenty dollars. Q. You got disappointed then ? A. Yes, sir. Q. Were the rest of the boys getting fifteen dollars or twenty dollars ? A. I couldn't tell you. Q. How much did some of the rest of the fellows get ? A. That I couldn't say. Q. Is that what you understand that Richardson was giving, or Hock? A. I didn't know nothing about it. Q. Were you working for Hock at that time ? A. No. Q. Had you been a few days before ? A. No, sir. Q. Have you been since? A. No, sir. By Mr. Washburn: Q. Did I understand you to say Mr. Low was employed by Mr. Lamont on election day? A. I believe so. Q. How do you know it ? A. I think so. Q. Ypu don't know it? A. No. Q. What was this paster he gave you; a paster ballot ? A. A single paster. Q. Was more than one name on it or a number of names ? A. I think so. Q. You think what ? A. More than one name. By Senator Endres: Q. Did you ever get any money for voting before? A. No, sir. Q. Is this the first time ? A. First time. George D. Brown, being duly sworn, testified as follows: By Mr. O'Neil: Q. Do you know Charles Low ? A. Yes, sir. Q. He lives in Goshen ? A. Yes, sir. Q. And you live there ? A. Yes, sir. Q. Did you vote at the last general election ? A. Yes, sir. Q. Did you see Mr. Low that day ? A. I did. Q. He was the witneiss on the stand? A. Yes, sir. Q. Did you get a paster of him ? A. I did. Q. You voted there that day ? A. Yes, sir. 555 Q. Where did you go the next morning? A. Down to Mr. L'Amoreaux. Q. He keeps a saloon there ? A. Tes, sir. Q. Did you get anything there ? . A. I did. Q. What did yotf get ? A. An envelope. Q. What was in it ? A. Two dollars. Q. Did you understand when you got the paster you were to get it there the next morning ? A. Ye^ sir. Q. And you did get it ? A. Yes, sir. Cross-examination : By Mr. Gabdnek : Q. Was there any writing on the inside ? A. No, sir. Q. You can read and write ? A. A little. Q. Was the envelope handed to you by this gentleman ? Yes, sir. Q. Your name was on the outside ? A. Yes, sir. Q. Sure of that ? A. Yes, sir. Q. You wouldn't sell your vote for two dollars ? A. I never did yet. Q. Didn't intend to then did you ? A. No, sir. , Q. Nor you didn't ? A. No, sir. Q. He didn't say it would be in that envelope ? A. No, sir. Q. Did you change your ticket after he handed you the paster and go and get one from another person? A. I did; I had one in my pocket. Q. So you fooled him, didn't you ? Yes, sir. Q. So you didn't vote the paster Low gave you ? A. No, sir. By Mr. Hiesohbeeg: Q. You got two dollars ? A. Yes, sir. By Senator Endkes: Q. You voted for Richardson ? A. I did. By Mr. Gaednbk: Q. That is what the two dollars was for ? A. No. Q. Mr. Richardson didn't owe you anything ? A. No. Q. Anybody ask you to vote for Mr. Richardson ? A. No, sirj Q. Anybody give you a Richardson paster? A. No, sir. Q. t)id you vote the whole Republican ticket? A. Yes, sir. By Mr. O'Neil: Q. You got nothing for it? A. No. Q. Two dollars was to vote the Lamont ticket, the ticket you got of Low ? A. Yes, sir. 556 Q. L'Amoreaux was working for Lament and spending money for him ? A. I suppose he was. Q. Ton cheated him ? A. Yes, sir. By Senator Endees: Q. Are you in the habit of selling your vote ? A. No, sir. Q. Ever get any money before for voting for a Democrat? A. No, sir. Q. How many times have you voted ? A. I don't know. Q. At fall elections ? A. Half a dozen, I guess. By Mr. Washbdrk: Q. Did you see Low spending any money that day? A. No, sir; I did not. Q. Did you say Low was working for Lamont ? A. I suppose he was. Q. You don't know whether he was or not ? A. I do not; I know he givoi me a ticket and wanted me to vote it. By Mr. O'Neil: Q. Ask you to vote for Lamont ? A. He, asked me if I would vote that ticket, and it was a Democrat ticket. By Mr. Washburn: Q. He didn't ask you to vote for Lamont ? A. No, sir. Anthony Dusenbeeey, being duly sworn, testified as follows: By Mr. O' Neil: Q. You live at Goshen ? A. Yes, sir. Q« You lived there at the last general election ? A. Yes, sir. Q. What district did you vote in? A. I think it is the second district. Q. Were you working for Mr. Lamont ? A. Well, yes, sir. Q . Have his pasters that day 1 A. Yes, sir. Q. How many did you have ? A. I think I had thirteen. Q. How did you come to work for Mr. Lamont on election day ? A. Mr. Wilcox asked me, the liveryman. Q. The same that asked Mr. Low ? A. Yes, sir. Q. Were you there when he asked Low ? A. Yes, sir. Q. What were you to get for working ? A. He didn't say. Q. What did he say about your pay ? A. He told me if I worked for Mr. Lamont there would be an envelope to Mr. L'Amoreaux. for me the next morning. Q. Did you get your envelope ? A. Yes, sir. Q. How much was in it ? A. Five dollars, 557 Q. You \fere also to vote for Mr. Lamont? A. No, sir; nothing said about it. Q. Did you vote for him? A. No, sir. Q. Were you to work for him ? A. Yes, sir. Q. Did you work for him ? A. Yes, sir. Q. Did you get thirteen votes ? A. I gave out thirteen pasters. Q. What was the agreement when you gave them out ? A. I told them to go there and they would get an envelope. Q. The understanding was every man that voted for Mf. Lamont should get an envelope containing two dollars of Mr. L'Amoreaux the next morning ? A. I don't know anything about the two dollars. Q. You knew what was in the envelope ? A. No; I knew afterwards. Q. You understood it was money ? A. Yes, sir. Q. You gave them to understand they would get an envelope with something in it? A. Yes, sir. Q. If they, voted that ticket ? A. Yes, sir. Q. You put out thirteen of them ? A. I think so. Q. Did some of them tell you after they got the envelope 1 Mr. DiMMioK. — To that we object. Q. How many of them ? A. I couldn't say how many. Q. Did the majority of them ? Mr. DiMMiOK. — We object to what they told him. By Senator Endbes: Q. Who did you see that told you so ? A. I couldn't think of all the names. By (Mr. O'Neil: Q. How many of the thirteen told you? A. I think four or five. Q. Give us the names ? A. I dop't know that I can now. By Senator Endbes: Q. How did you come to speak about it that they were to get any money ? A. I didn't speak about it. Q. How did they come to tell you ? A. They told me what they got was all right. Q. When ? A. The next day. Q. How long after they got this money before you saw them ? A. Some of them got it in the forenoon and some in the afternoon. Q. How many did you see that day ? A. I saw three or four. Q. Did you know the names of all the parties to whom you gave pasters to ? A. Yes, sir. 568 Q. You can't recollect it who the fellows were twenty-four hours after ? A. I couldn't recollect the whole thirteen. Q. Give us the names of some you do recollect that claim they got this money after they had got it? A. Alvan Miller, Gus Bartholler; that is all I can think of. • Q. Only two? A. That is all. Q. You saw at least four the day after election? A. Yes; I might have saw four or five. Q. That is all you can remember ? A. Yes, sir. Q. You swore you knew the names of all the parties whom you gave pasters to the day before ? A. Yes, sir. By Mr. O'Neil: Q. You gave Fred. Low a Richardson paster that day ? A. Yes, sir. Q. You know them intimately ? A. Yes, sir. Q. They told you the next morning they got two dollars? A. They got the envelope. Q. It was all right 1 A. Yesy sir.\ By Senator Endres: Q. They said they got an envelope and it was all right ? A. Yes, sir. Q. Nothing said about how much money was in it ? A. No, sir. By Mr. Washburn: Q. How many names were on those pasters; more than one? A. Yes, sir; the whole Democratic ticket. Q. Did he say anything to you about working for Mr. Lamont in particular ? A. He asked me that day. Q. Did you distribute any pasters other than these; the whole Democratic ticket? A. No. Q. Do you know how these thirteen men voted ? A. No, sir; I do not. Q. Don't know whether they voted the ticket you gave them or not? A. No, sir. Q. They may have voted the full Republican ticket for all you know ? A. For all I know. By Mr. O'Neill: Q. They agreed to vote this ticket ? A. Yes, sir. Q. The Democratic ticket? A. Yes; that is what I give it to them for, and they said they would. By Mr. Taylor: Q. How did you vote ? A. I voted the Republican ticket straight. 559 By Senator Endbes: Q. Did you ever get any money before for voting for anybody ? A. I didn't get money for voting. WnJLiiM Mines, being duly sworn, testified as follows: By Mr. O'Neill: Q. You live in Goshen, Orange county ? A. Yes, sir. Q. You lived there last fall ? A. Yes; sir. Q. Did you see Charles Low that day ? A. Yes, sir. Q. What was he doing ? A. He was standing on the' corner. Q. What was he doing? A., Working. ' Q. For who ? A. I suppose for Mr. Lament. Q. Didn't he say so ? A. Yes, sir. Q. Did he give you a paster ? ^. Yes, sir. Q. Was that a Lamont paster ? A. Yes, sir. Q. What was the arrangement; where were you to go after you voted the next day ? A. To L'Amoreaux. Q. And get whfit ? A. An envtelope. Q. Did you go down there the morning after you voted ? A. Yes, sir. Q. What did you get ? A. An envelope. Q. What was in it ? A. Two dollars. Q. That was for voting that ticket, wasn't it ? A. I don't know. Q. You understood it when you got it from Mr. Low you were to get something ? A. Yes, sit. Q. Yov; were to vote for Mr. Lamont and go down there and get this envelope? A. He didn't say anything about voting. Q. You were to vote that paster and go down the next morning and get this envelope ? A. He told me to bring a Eepublican paster out. Q. You brought the Eepublican paster out ? A. I got two of them. Q. You brought one back? A. Yes, sir. ' Q. Then you got your two dollars ? A. Yes, sir. Gross-examination : By Mr. Gardner: Q. Do you know what ticket you voted that day? A. I do. Q. Sure it is the Eepublican ? A. Voted straight Eepublican ticket; always do. Q. Who did you understand Low was working for that day ? A. Lamont. ' 560 Q. You took the pasters from him ? A. Yes, sir. Q. You didn't vote the paster he gave to you ? A. No, sir. Q. The money that you got then you don't know where that money came from? A. No. Q. For all you know it might come from Mr. Bichardson ? A. I am pretty sure it didn't. Q. Was it given for a ticket you voted ? A. I don't know what it was given for; it was left there for me and I went and got it. Q. Or anybody else pasters Low speak to you about voting that day? A. No, sir; not that I remember. Q. Sure ? A. Pretty sure of it. Q. What do you say ? A. I know. Q. Did you talk with Mr. Hock that day? A. Yes, sir. Q. He wanted you to vote the Republican ticket, didn't he ? A. He asked me if I had voted yet, and I told him no. Q. He had pasters around that day ? A. Yes, sir. Q. He handed you one ? A. Yes, sir. Q. That is the one you voted ? A. That is the one I voted. Q. Where was Hock at the time he handed you that paster ? A. In the hotel. Q. Did you ever work for Hock ? A. I work for him now. Q. Were you working for him at that time ? A. I was just working by the day for him. Q. Did anybody else ask you to vote except Hock that day ? A. No, sir; not that I know of. Q. Hock was getting Republican votes that day as he does at all elections generally ? A. I suppose he was. Q. That envelope you got, you don't know whether Hock sent it to you or not, do you ? A. I couldn't swear to it; I know he didn't. Q. Can you re'ad and write ? A. Yes, sir. Q. How do you know he didn't ? A. I don't why, but I know he didn't. Q. Did he tell you he didn't? A. No, sir; he didn't. Q. Did anyone tell you he didn't ? A. No, sir. Q. How do you know then he didn't ? A. Because it was Demo- cratic headquarters, and I know he wouldn't send money there. Q. From the evidence as given to-night, we should think it was Republican headquarters; weren't you subpoenaed to come here to Albany ? A. Yes, sir. Q. By the Democrats and for the Democrats ? A. I suppose so. Q. Mr. Wager subppena you ? A. I guess he is the man. Q. What did you do with the paper ? A. I read it and threw it in the waste basket. 561 Q. Tou told him you wouldn't come, didn't you ? A. I don't know whether I did or not. Q. You didn't obey the subpoena; didn't come up here? A. No, sir. Q. You had a little talk with Hock about it? A. No, sir; I didn't. Q. Never said anything to Hock about it? A. All I said to him I had a subpoena, and I would have to go to Albany I suppose. Q. What did he say ? A. He asked me if they left me any money to come. Q. You told him no ? A. Yes, sir. Q. Then what did he say ? A. He asked me how 1 was going to get here, and I told him I didn't know. Q. Did he tell you you could stay at home ? A. No, sir. Q. He was the one that told you you needn't come unless they left you money? Mr. O'Neil.— He didn't say that. By Mr. Hibsohbebq; Q. Wasn't L'Amoreaux and Hock on bad terms ? A. I don't know. Q. You never saw them together ? A. No, sir. Q. L'Amoreax is a Democrat ? A. I don't know. Q. He was a Democratic worker that day ? A. Yes, sir. Q. And was at Democratic headquarters? A. Yes, sir. Q. You were to bring out a Eepublican paster from the polls ? A. I wasn't to bring it from the polls, I was to give them a Eepublican paster. Q. When you got there you were to give up to L'Amoreaux a Eepublican paster ? A. Yes, sir. ' Q. That paster you got from Mr. Hock ? A. Yes, sir. Q. You had two ? A. Yes, sir. Q. One you voted and one you could produce at Democrat head- quarters and get your envelope 1 A. Yes, sir. By Mr. O'Neil: , Q. You produced it to L'Amoreaux as a voucher to prove you hadn't voted it? A. Yes, sir. Q. And he gave you an envelope with the two dollars in it ? A. The next day. Q. You knew very well Charles Low was working for Mr. Lamont that was well understood ? A. Yes, sir. ^ Q. When he gave you this paster he told you so, that was a Lamont paster, and he wanted you to vote for Lamont ? A. I could read for myself. 662 Q. Didn't he say if you went and voted that and brought back the Eepu'blican paster to L'Amoreaux you would get an envelope ? A. He didn't say nothing about that; he said to take that paster and bring a Republican paster, and the next day I would get an envelope to L'Amoreaux's. Q. And you went there and got it ? A. Tes, sir. Q. You done as he told you to ? A. Tes, sir. By Mr. Hibsohbebq: Q. You had two Republican pasters ? A. Yes, sir. By Mr. Dimmiok: Q. The promise you were to get an envelope the next day didn't influence your voting ? A. No, sir. Q. It wasn't on account of receiving this envelope that you voted the Republican pasters? A. No; I always vote the Republican. By Mr. Taylor: Q. Did you get any money for voting the Republican ticket ? A. No, sir. Q. Never got any money for voting the Republican ticket? A. I don't know whether I did or not. By Mr. Washbden: Q. Who gave you this paster, Mr< Low ? A. Yes, sir. Q. Did he say anything to you about voting for Mr. Lamont in particular? A. No. Q. Did he say anything about Mr. Lamont ? A. He said that was a Democratic paster. Q. Did he say anything about Mr. Lamont ? A. He said he was working for Mr. Lamont. By Senator Endees: Q. Was it a single one or one of those long pasters ? A. A full Democrat i paster. By Mr. O'Nbil: Q. You could read and write ? A. Yes, sir. Q. Lamont's name was on it ? A. Yes, sir. James Green, being duly sworn, testified as follows: Q. You lived in Goshen at the last fall election ? A. Yes, sir. Q. Do you know Charles Low ? A. Yes, sir. 563 Q. What was he doing last fall at the election ? A, I suppose he was electioneering. Q. Who for? A. Mr. Lamont. Q. Did you see him on that day ? A. I did. Q. Have a talk with him ? A. No; didn't have any particular con- versation with him. Q. Did you get a paster of him ? A. Yes, sir. Q. What was said at the time ? A. He told me if I would vote that and produce a Republican paster Mr. L'Amoreaux would see me. Q. He was working for him? A. I suppose working for Lamont. Q. Did he say he was ? A. He didn't tell me so. Q. A^hat kind of a ticket was it he gave you ? A. Full Democrat ticket. Q. Who was Mr. L'Amoreaux working for? A. I don't know he was working at all. Q. He was distributing money ? A. Not as I know of exactly. Q. Did you go there the next morning ? A. I did. Q. What did you get ? A. He asked me if my name was Green; I told him yes; he handed me an envelope. Q. What was in it, anything ? A. Two dollars in it. Q. You didn't hand it back to him? A. No; I didn't have no occasion. Gross-examinadon : By Mr. Gaedneb: Q. When the paster was handed to you, you didn't go and vote it ? A. The Democrat paster ? Q. Yes ? A. No, sir. Q. You voted the Republican ticket that day ? A. I think I did. Q. You know you did ? A. Yes, sir. By Mr. Hieschbbb&: Q. How did you have the Republican paster to hand to Mr. L'Amoreaux ? A. Because Mr. Hock gave me two of them. Q. So, you could have one to go and show L'Amoreaux ? A. He didn't know anything about me and L'Amoreaux. Q. That is what you did do ? A. I didn't show Mr. L'Amoreaux none. Q. How did you get the envelope ? A. I showed the paster to Mr. Low. Q. The man you got it from ? A. Yes, sir. Q. After you voted you returned a Republican paster to him ? A. Yes, sir. 564 Q. You had two ? A. Yes, sir. Q. So you could vote one and have one to show ? A. Yes, sir. By Mr. Dimmick: Q. You got those two of Hock ? A. Yes, sir. By Mr. Hiesohbeeg: Q. He didn't know but you got one; Low didn't know you got two? A. No, sir. By Mr. Washbubn: Q. Did Hock give you any money ? A. No, sir. Q. Promise you any money ? A. No, sir. Q. Did you get any money from anybody else except Mr. L'Amoreaux ? A. I have after election and before. Q. For voting one of the two Republican pasters ? A. Not for voting exactly as I know. Q. What was said after he gave you the money ? A. I am ignorant of that. Q. Didn't some one give you money for something concerning elec- tion other than Mr. L'Amoreaux; was L'Amoreaux the only man from whom you received money for what you did on election day * A. I don't know what you mean. Q. Did anybody else give you any money at last fall election but these two dollars you got from L'Amoreaux ? A. No, sir. Q. You got no other money that election but those two dollars? A. No, sir. Q. On election day ? A. No, sir. Q. Or the day afterwards ? A. No, sir. Q. You didn't get any money for voting the paster Mr. Hock gave you ? A. I didn't get any money for voting that paster as I know of. Q. Wouldn't you know it 1 A. Not exactly. Q. That infers they gave you money for something concerning the election ? A. I can get money off of Mr. Hock most any time I ask him for it. Q. You repay it by voting as he wants you to vote ? A. That is, if he wants me to vote a Republican ticket. Q. If he asked you to vote a Democrat ticket you wouldn't do it ? A. I might. Q. If you could get money from him ? A. I might. Q. Isn't it a fact you got money from somebody else besides Mr. L'Amoreaux? A. I got money, certainly. 565 Q. For what you did on election day; did you do any work around the polls on elec^iion day ? A. No, sir. Q. Did you get any money for anything connected with the election either on election day ? A. I got some money after election. Q. From whom ? , A. From Mr. Hock. Q. How soon after election ? A. I forget whether the day after or two days after. Q. How much was it ? A. Three dollars. ' Q. Didn't you get the three dollars for voting one of these two Republican pasters 1 A. I don't know. Q. Did Mr. Hock tell you what he gave you the money for? A. No, sir. Q. Had you done any work for him at that time ? A. No. , Q. Was there any reason aside from that voting why he should give you the three dollars ? A. No. By Mr. O'Neill: Q. Was there any agreement with Mr. Hock you would get any money for voting ? A. No. Q. Tou frequently borrow money of Hock? A. Yes, sir. Q. Before election and times intervening between election ? A. Tes, sir. Q. Tou went there and borrowed three dollars of him ? Mr. Washbubn. — I object to it. Q. Did you ask Hock for the three dollars ? A. Not at that time. Q. Where did you get it ? A. I was in the saloon. Q. What saloon? A. Of his hotel. Q. Did you ask him for it? A. No, sir. Q. How did he come to give it to you ? A. He told me he wanted to see me there. Q. He hadn't promised you any money ? A. No, sir. By Mr. Dimmick: Q. He told you that on election day ? A. No; he did not. ' Q. That he wanted to see you the day after election? A. No, sir. By Mr. Washburn: Q. Tou didn't borrow that three dollars ? A. No, sir. By Senator Endres: Q. Did he owe you any money ? A. No, sir. Q. He still gave you the three dollars ? A. Tes, sir. - Q. Is he accustomed to giving you three dollars or two dollars ? A. He is when I ask him for it. 566 Q. He don't give it to you witholit telling you wliat it is for ? A. 'Ho, sir. Samuel Eansqm, being duly sworn, testified as follows: By Mr. O'Neil: Q. Where do you live 1 A. Goshen. Q. You lived there at the last general election ? A. I was bom there. Q. Did you vote there ? A. Yes, sir. Q. Did you get a paster of Charles Low ? A. I did. Q. Who was he working for ? A. For Lament. Q. And the Democratic ticket? A. I believe bo. Q. Specially for Lamont ? A. Yes, sir. Q. Do you know a man named L'Amoreaux ? A. Yes, sir. Q. When you received this paster of Low was there any under- standing what you should do? A. I believe he told me there would be something there for me after I voted. Q. Where ? A. To L'Amoreaux. Q. Was L'Amoreaux a Democrat or was he working for Lamont ? A. I don't know. Q. He gave you this paster ? A. Yes, sir. Q. Did you go to L'Amoreaux the next day ? A. I did. Q. Did you get anything? A. Yes, sir. Q. What did you get ? A. An envelope. Q. What was in in it ? A. Two dollars. Gross-examined : By Mr. Gabdnee: Q. Did you vote the paster that was given you ? A. I did. Q. What paster was it that you voted. Democratic or Eepublican ticket ? A. Eepublican ticket. Q. Eepublican paster ? A. Yes, sir. Q. You had a paster given to you besides Low that day; somebody else gave you a paster ? A. Yes, sir. Q. Who was it ? A. Mr. Hock give me a paster. Q. It was the one Hock gave you voted? A. Yes, sir. Q. Did Hock owe you anything? A.' No, sir. Q. You saw Hock the next day after election ? A. No, sir. Q. Saw him after you had voted? A. I seen him; yes, sir. Q. He loan you some moi;ey ? A. No, sir. Q. Did he pay you any ? A. No, sir. • Q. Did you owe him anything ? A. No, sir. Q. What did he say to you when he gave you the paster? A. 567 Asked me if I had voted yet; I told him not; he asked me if I was going to vote; I told him I thought I would. Q. Did he say what you could get if you voted ? A, No, sir; he didn't mention nothing of the kind, what I would get. Q. Tou can write? A. Yes, sir; a little. Q. Do you know Henry Hamans, from Newburgh? A. No, sir; I do not. Q. Were you ever in Wyker's office ? A. No, sir. Q. You voted the Republican ticket ? A. Yes, sir. Q. You. don't know who this money came from? A. No, sir. Q. As far as you. know it may have been handed to this man by Hock? A. That I couldn't say. Q. Did anybody else besides Hock offer you anything ? A. No, sir; Hock didn't offer me anything. Q. Didn't get any money except what was in the envelope? A. That is all I got. Q. Did you have any money, two or three dollars, after election? A. Only what I worked for. Q. Who did you work for ? A. Reed & Kelsey. By Senator Endees: Q. How many times have you voted? A. This makes, a second time; last fall. Q. Did you ever get any money before ? A. No, sir. Q. That is the first time you ever got money after you got through voting? A. No, sir. ,Q. Simply told to go there and get it, and you went there and there was an enyelope there with two dollars in ? A. Yes, sir. Q. Never said what it was given for ? A. No, sir. By Mr. Fuller: Q. Do you know what kind of a paster Low gave you ? A. I ain't sure. By Mr. Washburn: Q. How many names on it; more than one on it ? A. Yes, sir. Q. Did Mr. Low say anything to you about Mr. Lamont ? A. No, sir. Q. How many paster ballots did Mr. Hock give you ? A. One. Q. You voted that one ? A. Yes, sir. Q. You didn't get any money for voting it at any time ? A. No, sir. Mr. O'Neil. — That is all the witnesses we have here. Senator Endbes. — On consultation with Mr. Roesch in regard to this printed letter handed up to the committee, and was received by the committee or the member of the committee that was here at the 568 time for consideration by the majority of the committee or the commit- tee itself, the majority of the committee have decided the objection Raised by the contestant, that the letter was immaterial were well taken and it is excluded; also, the decision is the same in the case of the letter which was introduced here from the warden of the state prison in Michigan. ' Mr. HiESOHBEEG. — Wc except to the ruling in each case. We pre- sume the committee will report the testimony to the senate so they can review that decision if necessary. Senator Endees. — Certainly. Mr. HiBsoHBEEG. — We offer in evidence the state board of canvassers' canvass of the votes of the thirteentlj senatorial district, which are a matter of record here in the State archives, and the result of which we can use in our briefs and make a tabulated statement from it, show- ing a majority of 607 in the two counties for Mr. Eichardson. Senator Endees. — No objection to that? ■ Mr. Gabdnek. — ^No, sir. Mr. HiESOHBEHG. — We also offer in evidence a certificate filed by Mr. Lamontj of his expenses under the law, with the secretary of state; we offer the original certificate which he signed and filed. I have here a copy received from the ofSce of the secretary of state. Senator Endees. — No objection to that. Mr. Gahdner. — We do not object to it. STATE OF NEW TORE, County oi' Oeange. \- Pursuant to the laws of 1890, State of New York, I, C. Fred Lament, having been a candidate at the recent general election for the office of state senator in the thirteenth senatorial district of this state, do hereby make the following itemized statement showing in detail all the moneys contributed or expended, directly or indirectly, by myself, or to my knowledge through any other person in aid of my election, together with the various person or persons who received said moneys; the specific nature of each item, and the purpose for which it was expended or contributed, as follows : Assessment Democratic county committee $500 00 Postage and circulars 375 00 Traveling and incidental expenses (estimated) 700 00 Total $1,576 00 (Signed.) C. FEED LAMONT. 669 STATE OF NEW YORK ) ^ . County op Oeangb. J C. Fred Lamont, being duly sworn, says that the foregoing state- ment by him subscribed is true. (Signed.) C. FEED LA.MONT. Swoyn to before me, this ) 12th day of November, 1891. f W. H. Wtkee, Justice of the Peace. Mr. HiKSOHBEEG. — If we wish to compare the vote of Mr. Richardson and Lamont with the gubernatorial vote I would like to have it appear. Mr. DiMMicK. — It is is in evidience now; you can use that. Mr. HiBSOHBEBa-. — I offer in evidence a certified statement from the clerk of Orange county. Memobanda of Statement of Canvass in the Second Election District OF the OF the Town op Chester. Governor (total) 88 Flower ..... 61 Fassett 26 Bruce 1 DeLeon Senator (total) 88 Lamont 65 Richardson 21 Seely 1 Blank 1 L. plurality, 44. Justice of Sessions (total) " 88 Stevens • • • 61 Bull 26 Talbott 1 Blank — 72 570 Memoranda of ballots attached: \ Straight Democraitic i 60 Straight Kepublican 20 Straight Prohibition 1 Straight Labor Split tickets 7 Names of inspectors: E. M. Dolson, S. L. Conklin, A. Xnapp. Bemarks. The Prohibition ballot attached is a sample ballot. The Eepublicans' splits is on a sample ballot. Memoranda of Statement of Canvass in the Third Election Distbiot of THE OP THE Town of Chester. Governor (total) 182 Flower 92 Fassett 86 Bruce 2 De Leon 2 Senator (total) 180 Lamont 93 Bichardson , 85 Seely 2 Blank , L. plurality 48. Justice of Sessions 180 Stevens . . 92 Bull 86 Talbott 2 Blank Memoranda of ballots attached : Straight Democrat 86 Straight Eepublioan , 81 Straight Prohibition 2 Straight Labor 2 Split tickets 12 Names of inspectors: B. CuUen, Jr., Henry C. Duryea, R. P. Conklin. Bemarks. The 12 split ballots are written on a sample ballot upon which is indorsed the words in pencil, "Copy of sample ballot'' 571 Meuobanda of StateiJent op Canvass in the Fiest Election Distbiot or THE OE the' Town op Ceawfobd. Governor (total) 208 Flower ,./. 119 Fassett 81 Bruce 7 De Leon Blank 1 Senator (total) 208 Lamont 122 Eichardson 78 Seely 6 Blank 2 L. plurality 44. Justice of SessiouB (total) . . ., 208 Stevens 119 Bull 82 Talbott 7 Blank Memoranda of ballots attached: Straight Democrat 119 Straight Republican 82 Straight Prohibition 7 qtraight Labor Split tickets , Ballots trimmed'. Names of Inspectors: Nathan M. Rumpf, Ira Van Kleeck, Samuel J. Anderson. Memobanda of Statement of Canvass in the Seoond Election Distbiot of > THE of the town of Cbawfobd. Governor (total) 221 Flower 128 Fassett 79 Bruce • • • 11 DeLeon • 3 572 Senator (total) 219 Lamont 137 Eichardson .• 72 Seely. . , 10 Blank ' L. plurality 65. Justice of Sessions (total) 218 Stevens 129 Bull 78 Talbott 11 Blank Memoranda pf ballots attached; Straight Democratic 126 Straight Bepublican 65 Straight Prohibition 10 Straight Labor Split tickets Names of inspectors: J. H. Wallace, John Woodward, S. R. Whitten. / Bemarks. Apparent discrepancy of twenty votes. Memoranda of Statement of Canvass in the Pibst Election Distmot OF the of the Town of Deebfabe. Governor (total) 127 Flower 71 Fassett 47 Bruce 9 DeLeon Senator (total) 127 Lamont 71 Richardson 47 Seely 9 Blank L. plurality 24. 573 Justice of Sessions (total) 127 Stevens 71 Bull 47 Talbott 9 Blank Memoranda of ballots attached: Straight Democrat 53 Straight Republican 43 Straight Prohibition ' 5 Straight Labor Split tickets Ballots trimmed. Names of inspectors: Elisha E. Case, James Mitchell, Stoddard Gordon. Remarks. Apparent discrepancy of 26 votes. Memobanda or Statement of Canvass in the Thibd Election District OF the op the Town of Deekpabk. Governor (total) 196 ' Flower 110 Fassett 82 Bruce 2 DeLeon 2 Senator (total) 196 Lamont - 110 Richardson 82 Seely 2 Blank 2 L. plurality 28. Justice of Sessions (total) 196 Stevens 113 Bull 79 Talbott 2 Blank 2 574 Memoranda of ballots attached: Straight Democratic 77 Straight Republican 64 Straight Prohibition* Straight Labor* Split tickets 51 Names of inspectors : J. M. Gillson, Frank Patterson, Harvey N. Dean- *Written. *Two prohibition tickets voted that we have not got to put on this canvass sheet and also two labor tickets. Memobanda of Statement op Canvass in iHE Fourth Election District or THE OF THE Town op Dberpark. Governor (total) 204 Flower 133 Fassett 62 J Bruce 5 DeLeon 4 Senator (total) 201 Lamont 134 Eichardson 63 Seely 4 Blank -.. .0 L. plurality 71. Justice of Sessions (total) 200 Stevens , 132 Bull 64 Talbott , 4 Blank Memoranda of ballots attached: Straight Democratic 133 Straight Republican 62 Straight Prohibition 5 Straight Labor 4 Split tickets Names of inspectors: Cornelius H. Vanaken, Jno. J. Casey, Morris F. Wehner. 575 iIGmobakda op Statement op Canvass ik the Fifth Election District OP THE OP the Town op Deeepaek. Governor (total) 222 riower 172 Tassett 43 3ruoe 2 )eLeon . . .' 5 Senator (total) ; 217 [jamont ; 174 Richardson \ 41 3eely 2 Blank I ^ — L. plurality 133. lustice of sessions (total) 216 Stevens - 171 Bull , . . . 43 ralbott 2 Blank Memoranda of ballots attached: Straight Democrat ., 172 Straight Eepublican 43 Straight Prohibition 2 Straight Labor 5 Split tickets Names of inspectors: John H. Beirne, J. D. Lyons, C. D. Frazel. Memoeanda op Statement op Canvass in the Sixth Election Disteiot OF the of the Town op Deeepabk. Grovernor (total) 235 Flower : 1^8 Fassett 85 Bruce ■'■ DeLeon .l 676 Senator (total) 233 Lamont 145 Richardson 87 Seely 1 Blank L. plurality 58. ^ Justice of Sessions (total) 233 « Stevens 146 Bull 87 Talbott '. Blank Memoranda of ballots attached: Straight Democratic 148 Straight Eepublican 85 Straight Prohibition » 1 Straight Labor 1 Split tickets Names of inspectors: Stephen Clune, Geo. W. Case, John J. Feldman. Memoeanda of Statement of Canvass in the Ninth Election Dibtbiot OF THE OF the ToWN OF DeEEPABK. Governor (total) 328 Flower 202 Faasett 116 Bruce 3 DeLeon 7 Senator (total) 323 Lamont 202 Richardson 118 Seely 3 Blank C L. plurality 84, ■ 577 Fustice of Sessions (total) 323 Stevens 202 Bull 118 Ealbott 3 Blank Memoranda of ballots attached: Straight Democrat .^ 202 Straight Republican 116 Straight Prohibition 3 Straight Labor . . ." , 7 iplit tickets Names of inspectors: Patrick Burns, Harry E. Snook, Bernard Morman. Memoranda or Statement of Canvass in the Tenth Election Distkiot OF the of the Town of Deeepakk. ^ S^overnor (total) 146 Flower 81 Passett 56 Bruce .7 7 DeLeon 2 Senator (total) 144 Damont 84 Richardson 53 3eely 7 Blank L. plurality 31. Fustice of sessions (total) 144 Stevens • 80 Jull 57 Mbott • 7 Jlank • • • . 73 578 Memoranda of ballots attached : Straight Democrat » . . 55 Straight Kepublican 46 Straight Prohibition 6 Straight Labor 2 Split tickets Names of inspectors: B. A. Conkling, John Eaton and Theodore Hoffman. Remarks. Apparent discrepancy of 37 ballots. Memoranda of Statement of Canvass in the Fifth Election Distbict OF THE OF THE ToWN OF GoSHEN. Governor (total) 185 Flower 100 Fassett 73 Bruce 11 DeLeon 1 Senator (total) 185 Lament 98 Eichardson 75 Seely 11 Blank 1 L. plurality 23. Justice of Sessions (total) 185 Stevens '. 99 Bull 74 Talbott 11 Blank 1 Memoranda of ballots attached: Straight Democratic 100 Straight Eepublican 73 Straight Prohibition 11 Straight Labor 1 Split tickets Names of inspectors: Daniel Carpenter, J. E. Millspaugh and J. J. Poppino. 579 Memoeanda of Statement op Canvass in tiIe First Election Disteiot or -THE OB THE ToWN OP GeeENViLLE. Governor (total) 183 Flower 139 Fassett 41 Bruce 2 DeLeon 1 Senator (total) 182 Lamont 141 Eichardson 39 Seely .7 ., 2 Blank L. plurality 102. Justide of Sessions (total) . . : 182 Stevens 138 Bull '.,. 42 Talbott 2 Blank Memoranda of ballots attached: Straight Democrat 139 Straight Republican 41 Straight Prohibition 1 Straight Labor 2 Splittickets Names of inspectors : C. L. Doty, C. 0. Stranaburg, C. D. Fergerson. Memoranda op Statement o* Canvass in the Fibst Election District QY -THE op the Town op Hamptonbuegh. Governor (total) 261 Flower 137 Fassett 118 Bruce * DeLeon ^ ! 'm '-■ I' 580 Senator (total) ... 261 Lamont 136 Bichardson 118 Seely ; 4 Blank 3 L. plurality 18. Justice of Sessions (total) 261 Stevens ^, 137 Bull 118 Talbott 4 Blank 2 Memoranda of ballots attached: Straight Democrat ? '. 137 Straight Eepublican , 118 Straight Prohibition 4 Straight Labor 2 Split ticketB *0 Names of inspectors: George M. Pierson, W. M. Thompson, John E. Watkins. Remarks. " Attached is affidavit of inspectors. This return was corrected and that the difference was caused by not adding^ the * split ballots with the whole number of straight ballots. Memoranda of Statement of Canvass in the Third Election Distriot OF THE First Ward of the City op Middletown. Governor (total) 182 riower 95 Fassett 71 Bruce 14 DeLeon 1 Blank '. 1 Senator (total) 182 Lamont 91 Richardson 75 Seely 14 Blank 2 L. plurality, 16. 581 Justice of Sessions (totftl) 182 Stevens 93 Bull 71 Talbott j. 14 Blank I 4' Names of inspectors: Robt. J. Lecmon, Cbrnelius J. Burhans, John John E, Skelton. Bemarks. i They are attached: Straight Democratic ballots, straight Republi- can, straight Prohibition and straight Laboij, and the number of votes given for each is written in full opposite eacji name. Memobanda OF Statement of Canvass in the First Election District of THE Second Ward op the ,Citt of Middletown. Governor (totajl) ; . 276 Flower • ^- ■ 141 Passett ; 115 Bruce 14 DeLeon 6 Senator (total) ^ Lament * 133 Richardson - -< 123 Seely : 13 Blank ■ 7 L. plurality 10. Justice of Sessions (total) 276^ Stevens 136 Bull -; 119 Talbott 1* Blank • J Memoranda of ballots attached : t Straight Democratic • ■ , . - . 139 Straight Republican , ■ • • , 118 Straight Prohibition . ." • • ^^ Straight Labor \- •■.•.-. 5 Split tickets ■ g Names of inspectors: J. R. A. Taylor, J. P. Craus, B. C. Woodward. I I S82 Memoranda op Statement or Canvass in the First Election District OF the Third Ward of the City of Middletown. Governor ^(total) 247 -Flower 128 Fassett Ill Bruce 4 DeLeon 4 Senator (total) 247 Lamont 127 Richardson 112 Seely 4 Blank 4 L. plurality 15. Justice of Sessions (total) 247 Stevens 128 Bull 97 Talbott 4 Blank 18 « Memoranda of ballots attached: Straight Democrat . . . i 102 Straight Republican '. 78 Straight Prohibition ... 4 Straight Labor 4 Split tickets Names of inspectors: J. W. Canfield, Dan H. Bailey, J. M. Garland. Remarks. Apparently a discrepancy of fifty-nine ballots. I Memoranda oj' StItembnt of Canvass in the First Election District OF THE OF THE TOWN OF MiNISINK. Governor (total) 282 Flower * 176 Fassett 103 Bruce . , 3 DeLeon 583 Senator (total) » 282 Lamont i 170 Bichardson 107 Seely 3 Blank 2 L. plurality 63. Justice of Sessions (total) ... 282 Stevens ...,:. 175 Bull 103 Talbott 3 Blank 1 Memoranda of ballots attached: Straight Democrat 176 Straight Republican 103 Straight Prohibition 3 Straight Labor Split tickets Names of inspectors : Caleb Clark, Isaac E. Toland, Geo. P. Brinkerhoff. Memoranda of Statement of Canvass in the First Election District OF the OF the Town of MoSboe. Governor (total) 269 Flower 135 Fassett 128 Bruce 4 DeLeon 2 Senator (total) 267 Lamont 141 Bichardson 123 Seeley 3 Blank L. plurality 18. 584 Justice of Sessions (total) 265 Stevens 136 Bull 124 Talbott 5 Blank Memoranda of ballots attached : Straight Democratic 107 Straight Republican 101 Straight Prohibition 2 Straight Labor 2 Split tic\sets 57 Names of inspectors : E. H. Welling, John D. Carver, Horace Swezey. Memoranda of Statement of Canvass in the Seconb Election Distbiot OF THE of the Town of Moneoe. Governor (total) 121 Flower . . '. 70 Passett 43 Bruce 5 DeLeon ; 3 'senator (total) 119 Lamont ■. 81 Richardson 33 Seely : 5 Blank : . . . L. plurality 48. Justice of Sessions (total) 117 Stevens 72 Bull 40 Talbott 5 Blank Memoranda of ballots attached: Straight Democratic 67 Straight Republican 30 Straight Prohibition 5 Straight Labor 8 Split tickets Names of inspectors: Eugene D. Stokem, Wm. R. DeWitt, Samuel G. Bush. 585 Bemarks. There seems to be a discrepancy of sixteen tickets. Memoranda of Statement of Canvass in the First Election District OF THE First Ward op the City of Newburoh. Governor (total) 257 Flower 141 Fassett 106 Bruce 1 8 DeLeon 1 Blank 1 Senator (total) 257 Lamont 144 Eichardson 103 Seely 8 Blank 2 L. plurality 41. Justice of Sessions (total) 267 Stevens 140 Bull.. 108 Talbott 8 Blank 1 Memoranda of ballots attached: Straight Democrat 141 Straight Republican 107 Prohibition •, 8 Labor 1 Split tickets Names of inspectors: W. H. Eyan, A. J. Hutchison, E. A. Br.ennan. Bemarks. > Statement of inspector states, that they had collected the returns by combining the writing of the statement of the number of votes cast for each ticket, from the ticket itself to the return sheet proper. 74 586 Memoranda of Stateisibnt of Canvass in the Thibd Eleotion Distbioi OF THE FlEST WaKD OF THE CiTT OF NeWBURGH. Governor (total) 281 Flower 181 Fassett 92 Bruce 6 DeLeon 2 Senator (total) 1 . . . 281 Lamont 198 Richardson 80 Seely 3 Blank '. L. plurality 118. Justice of Sessions (total) 281 Stevens 201 Bull 76 Talbott 3 Blank 1 Memoranda of ballots attached : / Straight Democrat 180 Straight Republican 92 Straight Prohibition 6 Straight Labor 2 Split tickets 1 Names of inspectors: Samuel J. Hewitt, John J. Perrott, Daniel S. O'Neill. Bemarks. Affidavit of inspector attached; setting forth that they had added one vote on Governor by adding blank vote. Memoranda of Statement of Canvass in the Sixth Election District ob THE FIRST WARD OP THE CiTY OF NeWBURGH. Governor (total) 276 Flower 146 Fassett 117 Bruce 7 De Leon 6 Blank 1 587 Senator (total) ~ 276 ^' — Lamont 143 Eichardson 120 Seelj 6 Blank 7 L. plurality 23. Justice of Sessions (total) 276 Stevens '. 146 Bull _ 119 Talbott 6 Blank 6 Memoranda of ballots attached: I Straight Democrat 146 Straight Republican 117 Straight Prohibition 7 Straight Labor 6 Split tickets Names of inspectors: Thomas Gilleran, Jonathan Taylor, John V. Hayes, Memoranda of Statement of Canvass rs the Fifth Election District OF THE Second Ward of the City of NEWBDRan. ' Governor (total) 242 Flower 117 Fassett , ,114 Bruce 9 DeLeon 2 Senator (liotal) '. 242 Lamont 116 Bichardson 114 Seely • 9 Blank ••••••, " •/ ' • ^ L. plurality 2. 588 Justice of Sessions (total) r 241 Stevens ?". 11' Bull , 11 Talbott 1 Blank , I Memoranda of ballots atta6hed : Straight Democrat 9' Straight Eepublican 91 Straight Prohibition ■■. I Straight Labor I Split tickets : 31 Names of inspectors : William E. Tibbs, Charles E. Griffith, Johi E. O'Grady. Bemarks. Affidavit attached stating that 39 split ballots were voted and re turned to the county clerk. Memoranda of Statement or Canvass in the Fourth Election District oi N THE Fourth Ward of the City of Newburgh. Governor (total) 10! Flower ? 5i Fassett 4i Bruce , i DeLeon ! Senator (total) 91 Lament 5- Bichardson 41 Seely I Blabk ( L. plurality, 12. Justice of Sessions (total) 9! Stevens , 5i Bull 4 Talbott ; Blank ' Names of inspectors: Michael J. Carboy, Alfred L. Many, John H McAllister. 589 Bemarks. No ballots attached. Affidavit of John H. McAllister stateB| that )allots were not attached because they deemed it unnecessary, as the tatetnent filed with the couiity clerk had the ballots attached, and efers to that statement. . iEMOEANDA OF STATEMENT OF CaNVASS IN THE FlKST ELECTION D18TBIOT OF THE OF THE ToWN OF NeWBUKGH. Governor (total) 217 riower 113 fassett 95 Jruce / 8 )eLeon 1 lenator (total) 216 jamont , 114 lichards6n 94 leely 8 Jlank L. plurality, 20. ^ ustice of Sessions (total) 216 Itevens Ill $ull 97 . ]albott I .8 Jlank Memoranda of ballots attached: traight Democrat 88 traight Eepublican 94 traight Prohibition 7 traight Labor '. 1 plit tickets 27 Names of inspectors: C. H. Baumes, C. H. Koch, Wm. H. McConnell. [emobanda op Statement of Canvass in the Fiest Election Distbict OP THE OF THE ToWN OF NeW WiNDSOE. •overnor (total) 203 lower 129 assett ' 68 ruce 5 eLeon -. 1 590 Senator (total) 20i Lamont _ 12i Richardson _. . * 61 Seely j Blank '. ! L. Plurality 60. Justice of Sessions (total) 20i Stevens . 12! Bull 6) Talbott\ i Blank ] Names of inspectors: John K. Still, Joseph C. Bayley, E. E. Walsh Memoranda of Statement of Canvass in the Thied Election Disteici ^ of the of the Town of New Windsor. Governor (total) 94 Flower 4J Fassett 41 Bruce c DeLeon , 1 Senator (total) ; 9^ Lamont 5( Eichardson 4( Seely i Blank ] L. plurality 10. » Justice of Sessions (total) 9^ Stevens 4£ Bull 41 Talbott i Blank ] Names of inspectors: William C. Giles, Alexander E. Morrison Knox Getty. 591 Memoranda of Statement or Canvass in the Second Election District OF THE of the ToWN OF WaLLKILL. Governor (total) 208 Plovrer , 98 Fassett 106 Bruce : 2 DeLeon , 2 Senator (total) 206 Lament 102 Richardson 102 Seely 2 Blank Justice of Sessions (total) 205 Stevens 96 Bull 107 Talbott : 2 Blank Memoranda of ballots attached: Straight Democrat 98 Straight Republican ... 106 Straight Prohibition 2 Straight Labor • • 2 Split tickets Names of inspectors: C. W. Hoyt, W. S. Gillen, 0. E. Gardner. Memoranda or Statbment or Canvass in the First Election District or the OF THE Town or Warwick. Governor (total) 261 Flower 182 Fassett ; • • ■ ^2 Bruce • ^ DeLeon ^ 592 Senator (total) 259 Lamont 186 Richardson 69 Seely - 4 Blank L. plurality 117. Justice of Sessions (total) 260 Stevens 184 Bull 72 Talbott 4 Blank ' : Memoranda of ballots attached: Straight Democrat 171 Straight Republican 63 Straight Prohibition (on sample ballots) 2 Straight Labor (on sample ballots) 3 Names of inspectors: John W. Vealey, E. D. Waterbury, John O. Edsall. Memoranda of Statement op Canvass in the Second Election District OF the or the Town of Warwick. Governor , (total) / 275 Flower 145 Fassett 126 Bruce 3 DeLeon '. 1 Senator (total) - 275 Lamont 147 Richardson 123 Seely '. " 4 Blank 1 L. plurality 24 593 Tustioe of SeBsions (total) 275 Stevens 1 m BuU 124 Talbott i Blank Memoranda of ballots attached: Straight Denioorat 136 Straight Republican 101 Straight Prohibition 3 Straight Labor Split tickets 35 Names of inspectors: Chas. E. Schultz, J. O. Goble, T. M. Van Brunt. Memoeanda or Statement of Canvass in the Fifth Election Distbiot OF THE of the ToWN OF WaBWIOK. ' Governor (total) 115 Flower 57 Fassett '. 52 Bruce 4 De Leon 2 Senator (total) 115 Lamont 56 Bichardson 53 Seely 4 Blank 2 ■ .... ri=B- L. plurality 3. Justice of Sessions (total) 115 Stevens 57 Bull 52 Talbott 4: Blank • 2 Memoranda of ballots attached: Straight Democrat 57 Straight Republican 52 Straight Prohibition 4 Straight Labor 2 Split tickets - • • ■ ■ Names of inspectors: Alexander Neely, William "N, Hazeu, John Hallock, Jr. 75 594 Memoranda of Statembn* of Canvass in the First Election District or the Second Ward or the Town of Wawatanda. Qovernor (total) 140 Flower 71 Fassett 63 Bruce 5 DeLeon 1 Senator (total) 140 Lamont 73 Richardson -. 60 Seely ". 5 Blank 2 L. plurality 13. Justice of Sessions (total) 140 Stevens 71 Bull 63 Talbott , : . 5 Blank 1 Memoranda of ballots attached: Straight Democrat 61 Straight Eepublican 51 Straight Prohibition 5 Straight Labor 1 Split tickets 22 Names of inspectors: John J. Bradley, B. G. Mead and Emmett A. Wickham. Memoranda of Statement of Canvass in the Second Election District OF THE OF THE ToWN OF WaWATANDA. Governor (total) 212 Flower 118 Fassett 86 Bruce 6 DeLeon 2 595 Senator (total) 212 Lamont 116 Bichardson 88 Seeley 6 Blank 3 L. plurality 27. Justice of Sessions (total) 212 Stevens 118 Bull 86 Talbott 6 Blank 2 Memoranda of ballots attached: Straight Democrat 109 Straight Republican 82 Straight Prohibition 6 Straight Ijabor V . Split tickets Names of inspectors: Charles C. FuUerton, John E. Tryon and George A. McBride. Bemarks. One straight Democrat ballot with Henry M. Howell for member of assembly attached with yellow paster; one straight Eepubliean ballot with the name of John Corwin erased; two Labor tickets attached in sample ballots; one Democrat with H. M. Howell; one Democrat with C. Fred Lamont erased; one Democrat with William P. Richardson paster for senator; one Republican ballot with G. W. Sayer for sheriff; one Democrat with Abram L. Decker, coroner, yellow paster; one Republican ballot with George W. Walker; one Republican with C. Fred Lanliont, yellow paster; one Democrat ballot with Abraham L. Decker for coroner; one Democrat ballot with William P. Richardson and Joseph K. Alexander, with yellow pasters; one Democrat ballot with Abraham L. Decker. STATE OF NEW YORK, ^ ^^ ]■ Orange County Clerk's Office- I, William G. Taggart, clerk of Orange county, do hereby certify that the foregoing are true extracts from the returns of inspectors of election, filed in my office on the i6th day of November, 1891, for the following districts: Second district of Wawayanda; first district of Wawayanda; fifth district of Warwick; second district of Warwick; 596 first district of Warwick; second district of Wallkill; third district of New Windsor; first district of New Windsor; fij:Bt district of to)vn of Newburgh; fourth district of the fourth ward of the city of Newburgh; fifth district of the second ward of the city of Newburgh; sixth dis- trict of the first ward of the city of Newburgh; third district of the first ward of the city of Newburgh; first district of the first ward of the city of Newburgh; second district of the town of Monroe; first district of the town of Monroe; only election district of the town of Minisink; first district of the third ward of Middletown; first district of the second ward of Middletown; third district of the first ward of Middletown; first district of the town of Hamptonburgh; first district of the town of Greenville; fifth district of the town of Goshen; tenth district of the town of Deerpark; ninth district of the town of Deer- park; sixth district of the town of Deerpark; fifth district of the town of Deerpark; fourth district of the town of Deerpark; third district of the town of Deerpark; first district of the town of Deerpark; second district of the town of Crawford; first district of the town\of Crawford"; third district of the town of Chester; second district of the town of Chester. Witness my hand and the seal of said county this Ist day of [l. s.] March, A. D. 1892. W. G. TAGGAET, County Clerk. Mr. HiRsoHBERG. — And the same thing from Sullivan county certi- fied by the Sullivan county clerk from certain other districts in that county. Memokanda of Statement of Canvass in the Fibst Election DistbkJt OF the Town of Calicoon. Governor (total); 222 Flower 136 Fassett 82 Bruce 3 DeLeon 1 Senator (total) 222 Lamont 136 Richardson 82 Seely 3 Blank 1 597 Justice of Sessions (total) ^ 222 Barringer ' 135 Ingraham , 83 Blank 4 I — Names of inspectors: Ed. Killian, Peter Wagner, Sidney Brown. Memobanda of Statement op Canvass in the Second Election District OP the Town op Caliooon. Governor (total) 211 Flower ... 155 Fassett 51 Bruce 2 DeLeon 3 Senator (total) 208 Lament 156 Richardson 50 Seely 2 Blank Justice of Sessions (total) 204 Barringer 164 Ingraham 50 Talbott Blank ^ Names of Inspectors: L. J. Wagner, John Moots, George Ludwig. Bemarks. The ballots attached and trimmed. Memoranda op Statement op Canvass in the Fiest Election District OP THE Town op Cooheoton. Governor (total) 231 Flower 133 Fassett 83 Bruce • 10 DeLeon 6 598 Senator (total) 226 Lamont 134 Richardson ; 82 Seely 10 Blank Justice of Sessions (total) 216 Barringer 134 Ingraham 82 Talbott Blank Names of inspectors: Jacob Theis, Andrew L Hawks, Jacob Dexheimer. Memoranda of Statement of Canvass in the First Election Distbiot I OF THE Town of Delaware. Governor (total) 242 Flower 182 Fassett 51 Bruce 6 De Leon 2 Blank : , 1 Senator (total) 242 Lamont 185 Richardson 48 Seely 6 Blank 3 Justice of Sessions (total) 242 Barringer 185 Ligraham ; ■ 47 Blank 10 Names of inspectors: Chas. F. Starok, John H. Baum, John G. Stenger. 599 Memoranda of Statement op Canvass in the Second Election Distbiot OF THE Town of, Delaware. Governor (total) 130 Plovrer 101 Fassett 23 Bruce , 1 De Leon 4 Defective 1 Senator (total) 130 Lamont 101 Eichardson 23 Seely 1 Blank 4 Defective 1 Justice of Sessions (total) 130 Barringer 101 Ingraham 23 Blank 5 ' Defective 1 Names of inspectors: Philip Metzger, Henry Chelins, Wm. H. Pfeiffer. • ' , Memoranda op Statement of Canvass in the First Election District V OF THE Town of Fobestbuegh. Governor (total) 128 ' Flower 66 Fassett ; 52 Bruce 7 DeLeon - 3 Senator (total) 125 Lamont 63 Eichardson 55 Seely 7 Blank , 600 Tiistice of Sessions (total) 118, Barringer 66 'ngraham ^ 52 Dalbott . : Blank Names of inspectors: John C. Magie, Charles H. D. Decker, Tim jonroy. % tiEMORANDA or STATEMENT OF CaNVASS IN THE FlEST ELECTION DlSTEICT ' OP THE Town of Fbemont. 3^overnor (total) ... 240 riower 138 Tassett 90 Jruce 9 )e Leon 3 lenator (total) 236 jamont 139 lichardson 88 leely 9 Jlank ustice of Sessions (total) 227 Jarringer .' 139 ngraham 88 lalbott Jlank Names of inspectors: Wm. H. Newman, Erhardt Gebeline, Jerry )'Meara. Bemarks. No ballots attached. Iemobanda of Statement of Canvass in the Fibst Election Distmot OF the Town of Lumbebland. tovernor (total) 182 Slower 109 'assett 61 Sruce 9 )eLeon 3 601 Senator (total) I79 Lamont 108 Bichardson 62 Seely ; 9 Blank Justice of Sessions (total) 169 Barringer " 109 lugraham 60 Talbott Blank Names of inspectors: John Morgan, Benja. Buchanan, George W. Wilson. MEUOBA.NDA OF StATBUENT OF CaNTASS IH THE SsOOND ELECTION DiSTRIOT OP THE TOWN OF EoOKLAND. Governor (total) '. 247 Flower 132 Fassett : 90 Bruce » 17 DeLeon 8 Senator (total) 241 Lamont 131 Bichardson 92 Seely 18 Blank Justice of Session (total) 222 Barringer 131 Ingraham 91 Talbott , Blank Names of inspectors: A. J. Bennett, Jefferson Campbell, Willard H. Darber. 76 602 Memoeanda of Statement op Canvas's in the First Election Disteict OF the Town of Tustbn. Governor (total) 227 Flower 152 Fassett 69 Bruce ,. , 3 DeLeon ; 3 Senator (total) , 224 Lament ' 160 Richardson 61 Seely 3 Blank Justice of Sessions (total) 221 Barringer 153 Ingraham 68 Talbott I.... Blank Names of inspectors: Owen Einn, Hala J. Moore, Joseph O. Bums. STATE OF NEW YORK, J , ss, Sullivan County, Clekk's Office, I, Richard Gildersleeve, county clerk in and for said county, do hereby certify that I have compared the foregoing copy of a portion of the election returns of Sullivan county with the original now remaining on file in this office, and that the same are correct trans- cripts therefrom, and of the whole of said original portions. In testimony whereof, I have hereunto set my hand and affixed [sEAL.J the seal of said county, this 3d day of March, A. D., 1892. RICHARD GILDERSLEEVE, Charles Low, recalled. Clerk. By Mr. O'Neil: Q. Did you have any conversation with Mr. Lamont prior to the last election? A. Yes. sir; I talked with him. ' Q. Where was that with reference to working for him or voting for him 1 A. He never said anything about my voting for him personally. Q. Where was this conversation that you had with him ? A. Once between Goshen and Chester and once between Meriden and Goshen. 603 I Q. What was' the conversation? A. When he first began talking about it was the first day I drove for him, and he asked if I thought the boys would do anything for him, and I told him I didn't know; of course, then I was working in the livery stable, and there were quite a good many come there, and I told him I would speak to them about it; when I went back I done as I told him I would do, and talked with the boys about it when they came in, and they all said they would vote for him; the next time I saw him I told him, that is, Mr. Lamont; I think that was the night he went to Meriden. Q. Get down to the interview where he promised to pay him? A. He told me if I would get these fellows for him that he would pay me ten dollars and be a friend to me afterwards. Q. So you did work for him all day? A. Yes; I worked for him until my boss came and took me away, and told me I had to drive on a carriage. Q. What time was that ? A. That was about 2 o'clock in the afternoon Q. Did you ever get anything from him besides his friendship ? A. No, sir. By Mr. Dimmiok: Q. What carriage did you drive ? A. I drove the carriage for the Democrat party. Q. You were working for Mr. Wilcox then ? A. Yes, sir. Q. Mr. Wilcox that asked you to go and work for the Democrat ticket ? A. He did the second time. Q. He was the one that said he would pay you ? A. They both said they would pay me. < Q. Wilcox said, so too? A. Yes, sir. Q. And did pay you ? A. Yes, sir. By Mr. Washbubn: Q. After that di^ he promise you the ten dollars for working at the polls ? A. Yes, sir. Senator Endbks.— Any more witnesses ? Mr. 0*Neil.— That is all, Mr. Gabdneb. — We know we can close to-night except this affidavit of Eansom we can get the certificate of the county clerk and send it to the committee to-morrow or next day, if there is no objectioh by counsel on the other side that he is justice of the peace, unless they will allow us to introduce it in evidence to-night, we offer in evidence the affidavit of William H. Ransom made before Justice Wyker, justice of the peace of Goshen, Orange county, State of New York, sworn to February 12, 1892. 604 Mr. HiKSOHBEEG. — We will admit Wyker is a notary public and that ) is a justice of the peace. Mr. Gardner. — We offer that affidavit in evidence to contradict and ipeach the testimony of the witness Ransom the contents of which I ill not read. Mr. HiKscHBEEG. — We object as incompetent, he expressly states he d not sign any such paper or swear to it. Senator Endebs. — Objection sustained. Mr. Gardnee. — Upon the ground they take evidence which the com- ittee rules out, that we can have printed for the information of the mate so I will leave it with the stenographer. DATE OF NEW YORK, 1 ^^ . County of Oeange. j Wm. H. P. Ransom, being duly sworn, says: That at the regular ection held in November last, he received two dollars for voting, and d not vote the Republican ticket. Deponent further says that he IS told to vote particularly for W. P. Richardson for State senator. WM. RANSOM. wovn to before me, this ] .2th day of February, 1892. j • W. H. Wyker, Justice of the Peace. , Daniel Mahoney, recalled. By Mr. Gardner: Q. Tou have had some conversation with the witness Thomas )nes, that was sworn at the last investigation ? A. Yes, sir. Q. Coming upon the cars that day? A. Yes, sir; at the West lore depot in Newburgh. Q. Will you state what the conversation was with him in relation the subject of his testimony ? Mr. HiESCHBEEfl. — I object to that; Mr. Boyce was examined loroughly as to his conversation vrith Mahoney. Senator Endbes. — Let him testify. The Witness. — He followed me in the West Shore depot and told e he would swear to anything I wanted to if I would give him two )llars, and I had to give him ten cents to get him away from me; told him I didn't want him to swear to anything. By Mr. Washbuen : Q. On election day was Mr. Lamont at your hotel ? A. Yes, sir. Q. D you remember what time he left there ? A. About 12 o'clock. Q. How long had he been there ? A. I think he came there about 10- 605 By Mr. Gaedneb: Q. What is your buBiness ? A. Hotel proprietor for seven years. Q. Your hotel is corner of Norton street and Broadway ? ' A-. Yesj sir. ( Q. Known as what? A. The Metropolitan. Gross-examination : By Mr. Hiesohberg: Q. He followed you in the depot and told you he would swear to anything you wanted him to for two dollars ? A. Yes, sir. Q. How- did he know you wanted him to swear to anything ? A. I don't know. Q. Were you counsel in the case? A. No, sir. Q. Connected with it publicly in any way ? A. He knew I had some interest in it. Q. What is the interest ? A. I think Mr. Lamont was elected. Q. What was your interest in the contest, what charge of the contest did you have ? A. None at all. Q. And only had the interest of a patriotic citizen? A. Yes, sir. Q. The upholder of the principles of Jefferson ? A. Yes, sir. Q. Was it because you were a Democrat he went to you ? A. I had known him for twenty years. Q. You had no other reason to suppose why he should come to you ? A. No. Q. You gave him ten cents? A. He told me he wanted a drink. Q. When you came to ride up With him in the cars you sat in the same seat with him ? A. Yes, sir. Q. How much did you pay him for the privilege of his society in the cars ? A. Nothing. Q. You pumped him all the way up ? A. I talked with him. Q. Got out of him what you could ? A. Mr. Dimmick and I sat together and he came and forced himself on us. Q. You used the pump while you did have him ? A. Talked with him. James H. Cook, being duly sworn, testified as follows : By Mr. Gaedneb: Q. You live at Turners ? A. Yes, sir. Q. Are you the Cook to whoni the witness referred as having bought your vote ? A. Yes, sir. Q. How long have you lived at Turners ? A. About four years the last time. 606 Q. What is your business ? A. Painter. Q. Man of family ? A. Yes, sir. Q. Did you vote last fall ? A. Yes, sir. Q. What ticket ? A. Republican ticket. Q. Did you call upon Mr. Jones this morning ? A. Yes, sir. Q. At his house ? A. Yes, sir, Q. For what purpose ? A. I wanted to see what he swore to a lie for. Q. You went there to get from hun an explanation as to what he aad sworn to concerning the purchase of your vote ? A. Yes, sir. Q. And saw him ? A. I did. Q. Did you have any conversation with him 1 A. He wouldn't talk so me. Q. State how he appeared and what he said ? Mr. HiRSCHBERG. — I object to that. Q. State what occurred? A. I went and asked him and says: ' Good morning, Tom.'' Mr. CoTiNTBTsiAH. — I submit this is a conversation since he was sworn ts a witness. Senator Endbes. — Let it go on. The Witness. — He stood and looked at me and I looked back at him md he said " good morning " again to me; he says, " where are you ^oing;" he didn't know me; wouldn't talk to me; at least he acted so. Q. Was he in charge 6f of&cers? A. No; he was sitting in his own louse, two men watching over him. Q. Who were they? A. One young lad named Sid Smith and ZJharley Simpson. Q. Public authorities ? A. I couldn't say. Q. What was his mental condition ? A. They claimed he was crazy. Senator Endreb. — He don't know anything about that. Mr. HiRSCHBERG. — I move to strike that out. Q. Will you state what was his mental condition this morning? Mr. HiRSCHBERG. — I objcct to that. Q. Did he recognize or know you this morning? A. No, sir. Q. Did you have any conversation with him on election day at all ? k. No, sir; don't remember of seeing him at all. Q. You weren't purchased by him ? A. No, sir; or nobody else. Q. Nor influenced in any manner or shape in the casting of your 7ote that day by Jones or by money? A. By Jones or anybody else. Q. Did you ever sell your vote ? A. No, sir. Q. Did anybody ever ask you to buy your vote ? A. No, sir; not to my knowing. / 607 Gross-examination : By Mr. Hibsohberg: Q. What hour did you vote ? A. I think I put in about three- juarters and went down and voted. Q. At the Turners district? A. Yes, sir. Q. Was Mr. Lamont there? A. No, sir; I know he wasn't when I (vas there. Q. You don't know what hour it was? A. No; I couldn't exactly aay; I think it was about 4 o'clock or a little after. Charles Munhall, being duly sworn, testified as foUoyrs: By Mr. Gardner: Q. You live at Turners ?. A. Yes, sir. Q. What are your politics ? A. Eepublican. Q. Lived there some years ? A. Thirty years. Q. Man of family? A. Yes, sir. Q. Are you the one to whom Jones referred to in his testimony as baving purchased your vote ? A. Yes, sir. Q. Did he purchase your^vote? A. No, sir. Q. At last fall election ? A. No, sir. Q. Did you have any conversation with him that day? A- No, sir; ion't remember of seeing him. Q. You voted the Eepublican ticket? A.. Yes, sir. ( Q. Promised money by anybody? A. No, sir; nobody. Q. Did you ever sell your vote ? A. No, sir. Q. Did anybody ever ask you to buy your vote ? A. No, sir. Q. What is your trade or business ? A. Mason. Stephen C. Eable, being duly sworn, testified as follows: By Mr. Gardner: Q. You live in Turners ? A. Yes, sir. Q. An officer ? A. Yes, sir^ Q. Constable ? A. Yes, sir. Q. You know Jones ? A. Yes, sir. Q. And known him some time ? A. Yes, sir. Q. Several years? A. Yes, sir. Q. You were called to his house this morning ? A. His brother-in- aw came up to the store and wanted me to go down and take charge )f him, and I refused because I had no p&pers. Q. Take charge of him for what purpose ? Mr. O'Neil. — I object to that. 608 Q. You didn't go down to the house ? A. Yes, sir. Q. Did you see Jones ? A. Yes, sir. Q. What was his mental condition this morning ? Mr. O'Nbil. — We object to that. Senator Enbres. — He doesn't know. Q. State how he appeared; how did he act? Mr. HiBSCHBBEG. — We object to that. Q. Did you see him do anything unusual in your presence this morning ? Mr. HiEscHBEBG. — We object to that, it opens a new line and it would be the basis for an application on our part for an adjournment. Mr. Washburn. — We withdraw it then. By Senator Endees: Q. You didn't arrest him this morning ? A. No. By Mr. Washburn: Q. Did you send for the poor officer of the town 1 A. No, sir. William F. Milford, recalled. , By Mr. Dimmiok: j Q. You were in Goshen from Saturday before election until election day ? A. Until 1 o'clock Monday afternoon. Q. What was your business there f A. I was acting as clerk for Mr. Lamont for a few days. Q. Was Mr. Lamont in Goshen ? A. Not from Saturday night 5 o'clock until election night between 8 and 9 o'clock. Q. Y6u left Goshen 1 o'clock Monday afternoon ? A. Yes. Q. Where did you go ? A. I went to Newb.urgh. Q. Did you see Mr. Lamont there? A. No; but I knew where he was. Q. Where was he ? A. In the town of Monroe. Gross-examination : By Mr. Hibschbeeg: Q. How do you know 7 A. Because indirectly I had communica- tion with him. Q. You didn't see him ? A. No, sir. Mr. HiRsoHBEBG. — I move to strike out his evidence as to where he was. Senator Endres. — So far as it applies to Monroe. Q. Where were you Monday morning ? A. In Goshen. Q. Whereabouts? A. In the county committee rooms. 609 Q. "Were you there all morning? A. All morning until 1 o'clock. Q. Wasn't in Mr. Bacon's office ? A. No. Q. Were you in there ? A. Yes, I was in there. Q. Monday morning you were in there ? A. Tes, sir. Q. All morning ? A. No; might have been there half a dozen times; I was there during the morning; there is one room runs back. Q. And two rooms in the other building ? A. Tes, sir. ' Q. His rooms are in both buildings ? A. Tes, sir. Q. Were you in those rooms Monday morning ? A: I was, Q. What hours? A. I was in there about 8 or, 9 o'clock in the morning. i Q. When were you in again ? A. Probably anywhere from 10 to 12. Q. Tou weren't there from 9 to 10 at all ? A. I wouldn't swear but what I was. Q. Tou will swear to that ? A. No. Q. Swear you might have been ? A. Tes, sir. Q. Swear you were there all the time ? A. No. Q. Where were you the most ? A. In the county committee's rooms. Q. What hours were you in the county committee's rooms in the morning ? A. I was there probably from 7 o'clock until 8. Q. When again ? A. Every :^fteen minutes from that up to noon. Q. What do you know about that ? A. That probably if I went in Mr. Bacon's office once or twice during the morning I wouldn't remain over five or ten minutes in his office. Q. Those are the two places you were ? A. Tes, sir. Q. Where were you in the afternoon ? A. Newburgh. Q. Tou didn't see Mr. Lamont at all that day? A. No. Q, Nor Sunday ? A. Nor Sunday. Q. Tou don't know of your own knowledge where he was? A. , Only by hearsay and what he told me. Q. By what he told you afterwards ? A. Tes, sir. Q. By what he afterwards told you ? A. Tes, sir. By Mr. Tayloe: Q. Didn't you have telephonic communication with him ? A. I tried to tel^phone" and did telephone several times, but each time I tele- phoned^he had left the place where I telephoned. Mr. HiRSCHBBBG. — I move to strike out that answer. Senator Endebs. — Strike out that. By Senator Endees: Q. Did you have any telephonic communication with him that ffiprning ? A. He didn't answer me through the telephdne himself. 77 610 By Mr. Washburn: Q. Did you see Mr. Bacon that morning? A. I did. Q. Do you know anything about Bacon desiring to communicate with Mr. Lamont ? A. He was very anxious to. Q. You knew Mr. Lamont was not in Goshen ? A. Tes, I knew he was not in Goshen from Saturday night at 5 o'clock. Counsel for the sitting member files the answer as follows: In the Matter or the Senatorial Contest op C. Feed Lamont against William P. Eichardson, in the Thirteenth Senatorial District of New York. , Answer of Senator William P. Richardson. The undersigned, , William P. Eichardson, senator from the thirteenth senatorial district, answering the petition of C. Fred Lamont, as the contestant for his seat in the senate. First. Denies that said Lamont received a plurality of the legal votes cast at the last election on the 3d day of November. 1891, in said thirteenth senatorial district. , Second. The undersigned also denies that he was guilty of or par- ticipated in, any bribery, corruption or fraud at said election, or that money was corruptly, illegally or unlawfully used by him, or author- ized by him to be used in every or any election district in either of the counties of Orange or Sullivan, to influence or buy up a sufficient number of voters to secure his election, or any voters whatever. Third. He also denies, that there was any unlawful or illegal solici- tation or electioneering by him or by his authority on election day at every or any election district in said thirteenth senatorial district, at a distance less than 150 feet from the polling place therein. Fourth. He also denies that any ballots were marked for identi- fication by him or by his authority, or were caused to be voted, or counted for him at said election at several or at any election district in either of the counties of Orange or Sullivan. Fifth. He also denies that every or any device to evade the ballot reform law was resorted to by him, or by his authority, to forward his election, or that the same was secured through bribery, fraud or corruption. Sixth. Upon information and belief he also denies each and every other statement and allegation contained in said petition not specifically denied above. Seventh'. Upon information and belief he alleges that bribery, corruption and fraud was participated in by the said C. Fred Lamont, his friends, servants, agents and representatives at said election. Eighth. Upon information and belief he also alleges that money was oorruptlyi illegally and unlawfully used by the said C. Fred 611 imont, his servants, agents and representatives in every election strict of the counties of Orange and Sullivan to influence and buy )ters for the purpose of securing his election. Ninth. Upon information and belief he also alleges that there was ilawful and illegal solicitation and public electioneering by the said Fred Lamont, his servants, agents and representatives, on election ly, at every election district in said thirteenth senatorial district, at distance less than 150 feet from the polling-place in each of said ection districts. Tenth. Upon information and belief he also alleges that non-resi- mts and minors were allowed to vote and did vote for said C. Fred amont at several election districts in said senatorial district. Eleventh. Upon information and belief he also alleges that at several ection districts in the counties of Orange and Sullivan, the board of igistry placed upon the registry the names of persons known to lem to be persons not entitled to vote at the respective polls where ley were registered, and on election day the inspectors of election lowed the persons whose names were thus placed upon the roigistry I vote. Twelfth. Upon information and belief he also alleges that at the first strict of the first ward and other districts in the city of Newburgh, hile the election was in progress, ballots being received and deposited the' ballot box, the inspectors of election at each of said election stricts, unlawfully and illegally, and with intent to change the isult of said election, contrary to law, opened the ballot-box at each said districts and abstracted therefrom ballots that had been voted f electors of said districts. Thirteenth. Upon information and belief he also alleges that lUots marked for identification by the said C. Fred Lamont, his iends, servants, agents and representatives were caused to be voted id counted for the said C. Fred Lamont at said election, at several ection districts in the counties of Orange and Sullivan. Fourteenth. Upon information and belief he also alleges that at some the election districts in the city of Middletown, upon registration ly, in the absence of the Eepublican inspector, and, indeed, of all e inspectors, the other inspectors, the clerk placed on the registry ereof the names of persons not entitled to vote at said election dis- ict, and on election day received and deposited in the ballot-box llots offered by such persons. Fifteenth. The undersigned further alleges that he was lawfully Jcted senator from the thirteenth senatorial district by a plurality the legal votes at said electiom Dated March 29, 1892. 612 Wherefore the said William P. Eiohardson prays that his election as such senator may be confirmed and said petition of the contestant dismissed. City and County of Albany, ss.: WiUiam P. Richardson, being duly sworn, says that he is the above named senator; that he has read the above answer to the contestant's petition, and that the same is true of his own knowledge, except as to the matters therein stated to be denied or alleged on information and belief, and as to those matters he believes it to be true. W. P. RICHARDSON. Sworn to before me this 29th | day of March, 1892. ,3 Thomas A. Mee&ak, Notary Public, Albany county, N. Y. Mr. O'Nbil. — Mr. St. John stated to me he was not subpoenaed; that a subpcena was left in an envelope on his desk, and he never saw it until two weeks afterwards. He was away at the time . Mr. Washburn. — We wish to offer in evidence a certified copy of Mr. Richardson's certificate of election expenses filed with the Secretary of State. Statement or the Election Expenses op W. P. Riohabdson. Assessment to State committee $500 00 Assessment to Orange county committee 300 00 Assessment to Sullivan county 200 00 Printing, distribution of circular, etc 156 25 Postage and envelopes 89 22 Traveling expenses, etc 50 00 $1,295 47 Orange County, ss. : William P. Richardson, being duly sworn, says that the foregoing statement is in all respects true, and that the same is a full and detailed statement of all moneys contributed or expended by him directly or indirectly, by himself or through any other person in aid of his election to the office of State senator for thirteenth district. Wl P. RICHARDSON. Sworn to before me, this 12th 1 day of November, 1891. ) C. W. Coleman, Justice of the Peace, 613 STATE OP NEW YOBK, ) r SS * Obange CbuNTY, Clebk'a Obtiob. ) I^ Charles G. Elliott, clerk of said county, and the County Court of said county (a court of record), do hereby certify: That C. W. Cole- man, whose name is subscribed to the annexed affidayit, was, at the time of taking the same, a justice of the peace, in and for said county, duly elected and qualified, and having full j)ower to take the same; and further, that I am well acquainted with the handwriting of said justice, and verily believe that the signature subscribed to the said affidavit is genuine. In witness whereof, I have hereunto subscribed my name, and [l. b.] affixed the seal of said court and county, this 11th day of November, 1891. C. a. ELLIOTT, Glerk. STATE OF NEW TOEK, 1 ^^ . Office of the Sbceetaey of State. ) * I have compared the preceding copy of statement of election expenses with the original statement on file in this office, and do hereby certify that the same is a correct transcript therefrom, and of the whole thereof. Given under my hand and the seal of office of the Secretary of [l. 8.j State, at the city of Albany, this sixth day of April, in the year one thousand eight hundred and ninety-two. FEANK EICE, Secretary of State. The following are the statements heretofore offered in evidence: Memobanda of Statement of Canvass in the First Election District of THE of the town OF WaLLKILL. .Governor ( total ) 213 iFlower ^7 Fassett... ^^^ ' Bruce ^ ■ DeLeon ° * Blank - ^ 614 Senator ( total ) 207 Lamont 98 Richardson 106 Seeley 3 Blank R. plurality 8. Justice of Sessions ( total ) 212 Stevens 99 Bull 107 Talbott 6 Blank Memoranda of ballots attached 213 Straight Democratic 97 Straight Republican 109 Straight Prohibition 4 Straight Labor 3 Split tickets Names of inspectors: Henry W. Dunning, J. C. Wilber, W. N. White. Mbmoranda or Statement of Canvass in the Thied Election District of THE of the Town of Wallkill. Governor (total ) 150 Flower 52 Fassett 94 Bruce 3 DeLeon 1 Senator ( total ) 150 Lamont ' 50 Richardson 94 Seeley 3 Blank 3 * R. plurality 44. 615 Justice of Sessions ( total ) 150 Stevens 51 Bull , 95 Talbott 3 Blank 1 Memoranda of ballots attached 150 Straight Democratic 52 Straight Bepublican 94 Straight Prohibition 3 Straight Labor 1 Split tickets Names of inspectors: Wm. H. Winfield, Emmet L. Bull, Geo. F. Hunter. Memoranda of Statement of Canvass in the Peobablt Fotjeth Election District of the of the Town of Warwick. Governor (total) 311 Flower 145 Fassett 161 Bruce 5 DeLeon Senator (total) 307 Lamont 150 Richardson. . . . . L 152 3eely 5 Blank: *. E. plurality 2. Fustice of Sessions (total) 311 Stevens 146 JuU 160 Calbott .* 5 Blank 616 Memoranda of ballots attached 311 Straight Democrat 137 Straight Republican ; . . 126 Straight Prohibition 4 Straight Labor Split tickets 43 Names of inspectors: Jno. D. Smith, S. E. Holly, Geo. P. Wood. Eemarks. Twenty-four ballots attached. Memokanda op Statemekt op Canvass in the Third Election District op the op the town op warwick. Governor (total) 338 Flower " 160 Fassett .166 Bruce 8 DeLeon ! 4 Senator (total) 333 Lament 161 Richardson 164 Seely , 8 Blank . R. plurality 3. Justice of Sessions (total) 334 Stevens 162 Bull 164 Talbott 8 Blank. '. Jd Memoranda of ballots attach^ 337 Straight Democratic 146 Straight Republican 139 Straight Prohibition 8 Straight Labor 3 Split tickets 41 Names of inspectors: Ira S. Smith, Frank T. TJhldrick, H. K. Wood. Bemarks. Yellow paster (labor) ballot attached. 617 iIeMOBANDA op StATEMEHT of Oa,N7AB8 in the FiEST EIiEOTION DiSTBlOT OP THE OP miE Town op Tuxedo. 31-OTernor (total) 276 riower 110 Tassett 162 Bruce ' 4 DeLeon Jenator (total) » 276 jamont i . 115 Richardson 157 3eely 4 Blank E. plurality 42. Fustice of Sessions (total) 275 Stevens 109 Bull 162 Dalbot 4 Blank liiemoranda of ballots attached 278 Straight Democratic '. 112 Straight Bepublican 162 Straight Prohibition 4 Split tickets Names of inspectors: Peter W. Belcher, Jno. Marvin, Mahlon J. Brooks. Semarks. Attached ballots are trimmed. Hemoisanda of Statement op Canvass in the Second Election Disteiot OF THE op the ToWN OF WiNDSOR. jlovernor (total) 163 Slower 74 Tassett • 87 Bruce • 1 [)eLeon v Blank ■ • » 78 618 Senator (total) 163 Lamont 74 Bichardson 86 Seely 1 Blank 2 B. plurality 12. Justice of Sessions (total) 163 Stevens .* 74 Bull 88 Talbott 1 Blank Memoranda of ballots attached 162 Straight Democratic 74 Straight Bepublican 87 Straight Prohibition Straight Labor Split tickets ; 1 Names of inspectors: David W.' Halstead, Jno. McGregor, Jas. W. Flynn. Remarks. The split is an Alexander, Prohibition. "Boger B. Towner" received one for Governor. Memoranda oy Statement of Canvass in the Second Election District OF the Fourth Ward of the City of NeWbuhgh. Governor (total) 241 Flower 134 Fassett 103 Bruce 2 DeLeon 2 Senator (total) 241 Lamont 112 Bichardson 122 Seeley ^ 2 Blank .'' 5 E. plurality 10. 619 Justice of seseioDS (total) 241 St&vens 131 Bull 106 Talbott 2 Blank t 2 Memoranda of ballots attached 192 Straight Democratic ., 92 Straight Eepnblican 96 Straight Prohibitionist 2 Straight Labor 2 Split tickets : Names of inspectors: Jas. W. Bradley, Chas. A. Beekman, Bobt. W. Hewitt. Bemarks. Statement by inspectors that there were 49 split ballots. Memobanda of Statement of Canvass in the Thibd Election Disteiot, OF THE Fourth Wakd of the City of Newbtjhgh. Governor (total) 251 Flower 118 Fassett 126 Bruce »• 7 DeLeon i Senator (total) , r 251 Lamont 110 Richardson 133 Seely 7 Blank 1 R. plurality 23. Justice of Sessions (total) -. 251 Stevens 116 Bull .; 126 Talbot ■ 7 Blank 2 620 Memoranda of ballots attached 252 3traight Democratic 118 Straight Republican 126 straight Prohibition 7 Straight Labor '. Split tickets Defective 1 Names of inspectors: Geo. 0. Gardner, Fred. Kernahan, Wm. H. Peake. I VIemoeanda of Statement oe Canvass in the Thied Election District OF THE of the Town of Newbubgh. Governor (total) 199 Flower 79 Passett 107 Bruce 11 DeLeon 2 Senator (total) 197 i — *-^ Lament 74 Richardson ^ 113 Seely 10 E. plurality, 39. ' — == Fustice of Sessions (total) 198 Stevens 78 Bull 108 Talbott 12 Blank „ . . Memoranda of ballots attached 199 Straight Democratic 79 Straight Eepublican 107 Straight Prohibition 11 Straight Labor 2 Names of inspectors: P. N. Howell, Isaac C. Colyer, Alex. Beattie. 621 MintiOBAi>DA or Statement or Canvass in the Fiest Election Disteiot t ' OF THE — : OF THE ToWN OF WoODBUEY. Governor (total) , 356 Flower 99 Fassett 240 Bruce 15 DeLfeon 2 Senator (total) 350 Lamont 12] Bicbardson 216 Seely 11 Blank 2 C. F. Lamont. R plurality, 95. ' Justice of Sessions (total) 354 Stevens 98 BuU 239 Talbott 17 Hank Names of inspectors : Millard F. Earl, I. Hunter, Wm. Barclay. Bemarhs. Affidavits of inspectors, November twelfth, that ballots can not be attached, because they were destroyed, but that statement ifil correct. Memoeanda of Statement of Canvass in the Poubth Election Disteiot OF THE of the ToWN OF NeWBUEOH. m Crovernor (total) * 168 Flower 74 Fassett 88 Bruce 4 DeLeon : 2 Senator (total) 168 Lamont 73 Richardson 89 Seely 4 Blank ■_. 2 E.'plurality 16. 622 Justice of Sessions (total) v 168 __ Stevens , '. . 74 Bull 88 Talbott 4 Blank 2 Memoranda of ballots attached 168 Straight Democrat 74 Straight Eepublican ■. 88 Straight Prohibition 4 Straight Labor 2 Split tickets , Names of inspectors: Wallace Lozier, Michael Benson and Fred- erick Decker. Memoranda of Statement of Canvass in the Second Election District OF the of the Town of Newburgh. Governor (total) 167 Flower 68 Fassett 77 Bruce 22 DeLeon Senator (total) 167 Lamont 69 Richardson 76 Seely 22 Blank R. plurality 7. Justice of Sessions (total) 167 Stevens 68 Bull ... 77 Talbott 22 Blank , 623 Memoranda of ballots attached 167 Straight Democrat 68 Straight Bepublican 77 Straight Prohibition 22 Straight Labor. .'. Split tickets Names of ' inspectors: Elias P. Griffin, Frank S. Griffin and Lewis W. Miller. Memoranda op Statement or Canvass in the First Election District or THE 'Fourth Ward or the Citt or Newburgh. Governor (total) 241 Flower ^ 110 Fassett ? ■ 123 Bruce 4 DeLeon 3 Blank.. 1 Senator (total) 241 Lamont ... 109 Eichardson ,.. '. 124 Seely 2 Blank 6 E. plurality, 15. Justice of Sessions (total) 241 Stevens '. 109 Bull 125 Talbott ^ 4 Blank 3 Memoranda of ballots attached 241 Straight Democratic Ill Straight Bepublican 123^ Straight Prohibition ■ . . 4 Straight Labor 3 Split tickets Name of inspectors: Alex. A. Darragh, Jas. J. Fogarty, Jacob Lewis. Bemarks. Statement by inspectors that there were fifty split ballots. 624 Memoranda of Statemekt of Canvass in the First Election Distkeot OF THE Third Ward of the City of Newbtjrgh. Governor (total) . . . , .7 ■ 198 Flower 78 Fassett •. 110 Bruce 10 DeLeon Senator (total). 198 Lamont 78 Bichardson 109 Seely 10 Blank . 1 R plurality, 31. Justice of Sessions (total) 108 Stevens 79 Bull 109 Talbott 10 Blank Memoranda of ballots attached 149 Straight Democratic ' 54 Straight Republican 89 Straight Prohibition 6 Straight Labor Split tickets ! Name of inspectors: Wm. N. Beggs, Jos. A. MacDonald, Thomas Hallington. ~ Bemarks. Affidavit by inspectors that forty-nine split ballots having been destroyed can not be attached. Memoranda of Statement of Canvass in the Second Election District OF the Third Ward of the City of Newburgh. Governor 251 Flower "si Fassett 160 Bruce 8 DeLeon 1 Blank i ; ; .... 1 625 Senator (total) 261 Lamont 79 Richardson 162 Seely , 8 Blank 2 R. plurality 83. ' "^ Justice of Sessions (total) 251 Stevens 81 Bull 160 Talbott 8 Blank , 2 Memoranda of ballots attached 179 Straight Democratic 45 Straight Republican 129 Straight Prohibition . , 5 Straight Labor , Split tickets .- \ - — Names of inspectors: A. S. Wood, H. W. Waring, Jno. H. Chapm§,n. Bemarks. The one Labor ballot cast was on return to county clerk. Memoranda of Statement or Canvass in the Second Election Distkiot OF THE Si;00ND WaED OF THE CiTY OF NeWBURGH. Grovernor (total) 277 Flower 126 Passett J 141 Bruce 8 DeLeoH 2 Senator (total) • 274 Lamont - ■ 123 Richardson 144 Seely 7 Blank ^ R. plurality 21. 79 626 JuBtice of Sessions (total) 273 Stevens 124 Bull 142 Talbott 7 Blank Memoranda of ballots attached 278 Straight Democratic 126 Straight Republican 142 . Straight Prohibition 8 Straight Labor 2 Split tickets Names of inspectors: Jos. Martine, A. S. Weaver, Ghas. O. Bairett. Memoranda of Statement op Canvass in the^ TmED Election District or THE 'Second Wabd of the City of Newbhrgh. Governor (total) 260 Flower 108 Fa;Ssett 145 Bruce 3 DeLeon , 4 Senator (total) , 257 Lamont 104 Richardson 150 Seely 3 Blank '. R. PluraUty 46. Justice of Sessions (total) 257 Stevens 105 Bull 148 Talbott 4 Blank 627 'd>;" _.x- ,-' ' , ■'■■ Memoranda of ballots attached I , 260 Straight Democratic .■^;'. . . 108 Straight Republican 145 Straight Prohibition , . , ' 3 ' Straight Labor /T 4 Split tickets I Names of inspectors: EUram Lo::ieir, Isaa.'c B. Lozier, Jas. E. Brady. \ ^ Memobanda op Statement op Canvass in cte Fourth Election Dibteiot or the Second Ward op THEyCiTy op Newbubgh. Governor (total) \ 334 V Flower \ 132 Fassett .\ 187 Bruce , \ 14 DeLeon '. Blank .-t:... 1 Senator (total) ., 334 Lamont * g. , 127 Bichardson . .y 190 Seely 14 Blank 3 # ■■ — ■ E. plurality 63. Justice of Sessions (total) . .^ 334 Stevens 132 Bull ". 187 Talbott 14 Blank 1 Memoranda of ballots attached 354 Straight Democratic 143 Straight Republican 197 Straight Prohibition 14 Straight Labor • Split tickets :"''"^" TO Names of inspectors: Ingham Stubley, Geo. Buchanan, Jas. S. Beaban. 628 Memoranda of Statement or Canvass in the First Election District OF THE Second Ward of the City of Nbwbcroh. Governor (total) 293 Flower 142 Fassett 144 Bruce 4 De Leon " 3 Senator ,' 290 i: =_= Lamont { •" • 141 Eichardson i 145 Seely , Blank i E. plurality 4. I c:^ 1 Justice of Sessions (total) . / . 290 Stevens 140 Bull 146 Talbott 4 Blank __ __ Memoranda of ballots attached 232 Straight Democratic Ill Straight Eepublican 114 Straight Prohibition 4 Straight Labor 3 Split tickets *. 3 Names of inspectors : Willett A. Kidd, Wm. C. Elliott, Jno. S. Smith. Bemarks, Affidavit of Eidd and Smith, November 14, that there were 232 straight and 61 split tickets. Memoranda of Statement of Canvass in the Seventh Election Dis- trict OF the First Ward of the City of Newburge. Governor (total) 246 Flower 54 Fassett 178 Bruce 8 De Leon 6 629 Senator (total) 246 = — f ■ — ■ Lamont 55 Richardson 177 Seely 8 Blank ^.. .. 6 R. plurality 122. ^ Justice of Sessions (total) j*. 246 Stevens k 55 Bull y 177 Talbott 1 8 Blank i.... 6 Memoranda of ballots attached ji 245 Straight Democratic 54 Straight Republican '. 177 Straight Prohibition 8 Straight Labor 6 Split tickets Names of inspectors : Andrew N. Taggart, Wm. H. Hallock, Frank B. Dickson. ' Remarks. Affidavit of Taggart and Hallock that they " made corrections on word blank in election district number seven on writing the whole number of votes on tickets and page of said district. Memobanda of Statement of Canvass in the Second Election District OF THE FlEST WaED OF* THE CiTY OF NeWBTJBGH. Governor (total) 243 Flower 116 Fassett 119 Bruce 6 DeLeon 1 Blank 1 S^enator (total) • 243 LaiQont 114: Richardson '.. . 122 Seely 6 Blank ^ 1 R, plurality 8. 630 ^^ustice of Sessions (total) 243 ■>- Stevens 116 Bull 120 Talbott.. 6 Blank 1 Memoranda of ballo*^ attached 243 ; — straight Democrati(^ 116 Straight KepublicaA 120 Straight Prohibiticja / 6 Straight Labor . . ,• 1 Split tickets , Names of inspectors: Jas. D. McGiffert, Jas. C. Smith, David J. Hyndman. Memoranda of Statement of Canvass in the Fourth Election District OF the First Ward of the City of Newburgh. Governor (total) 307 Flower 103 Passett 189 Bruce 10 DeLeon 5 Senator (total) ." 302 Lamont 9^ Eichardson 197 Seely 10 Blank E. plurality 102. Justice of Sessions (total) 302 » Stevens 101 Bull 190 Talbott 11 Blank 631 Memoranda of ballots attached 2?d Straight Democratic i 79 Straight Bepublicau 148 Straight Prohibition 7 Straight Labor 5 Split tickets Names of inspectors: Alanson H. Topping, Bob't J. Hill, Jno. Sansbury. Memoranda of Statement of Canvass in the Fifth Election Disteiot of THE First Ward of the City of NEWBURan. , Governor (total) 232 Flower 76 Fassett 138 Bruce 15 DeLeon 3 Senator (total) 282 Lamont , 81 Eichardson 133 . Seely 14 -Blank 4 R. plurality 52. Justice of Sessions (total) 232 Stevens 76 Bull 136 Talbott '.■ : 14 Blank 6 Memoranda of ballots attached C 232 Straight Democratic 76 Straight Republican 138 Straight Prohibition 15 Straight Labor 3 Split tickets Names of inspectors: Wm. B. White, E. Farrington, John J. McQuestou. ' 632 Memoranda of Statement of Canvass in the First Election District of THE OF THE ToWN OF Mt. HoPE. Governor (total) ' • • 2 47 Flower 93 Fassett 150 Bruce 2 DeLeon . 2 Senator (total) 247 Lamont ". 104 Eichardson • 14^0 Seely 3 Blank / === B. plurality 36. Justice of Sessions (total) 247 Stevens 90 Bull , 154 Talbott , 3 Blank Memoranda of ballots attached 195 Straight Democratic 71 Straight Eepublican 118 Straight Prohibition 4 Split tickets Names of inspectors: John Pierson, L. M. Nuter, A. J. Craig. Remarks. Stubs are still on attached ballots. Memoranda of Statement of Canvass in the Fourth Election District OF the OP THE Town of Montgomery. Governor 305 Flower 88 Fassett 200 Bruce 16 DeLeon Blank 1 633 Senator (total) 305 Lamont 87 Eichardson 201 Seely 16 Blank : 1 E. plurality 114. Justice of Sessions (total) 305 Stevens 88 Bull f, 200 Talbott ... 16 Blank •; 1 Memoranda of ballots attached ^ '. 266 Straight Democrat 72 Straight Eepubiican 181 Straight Prohibition 14 Straight Labor Split tickets Names of inspectors: W. D. Sloan, Cyrus B. Fowler, William C. Weller. Remarks. Statement by inspectors that there were 38 split ballots. Memoranda or Statement of Canvass in the Third Election District OF-THE op the Town of Montgomery. Governor (total) , 395 Flower ! 132 Fassett 234 Bruce 22 DeLeou 5 Blank 2 \ ===== Senator (total) 395 Lamont , 126 Eichardson 246 Seely ' 19 Blank ■ _4 E. plurality 120. ~~ 80 634 Justice of Sessions (total) 395 Stevens 131 Bull 238 Talbott : 21 Blank 5 Memoranda of ballots attached 395 Straight Democrat y 109 Straight Republican 228 Straight Prohibition 17 Straight Labor ......' 3 Split tickets *. • Names of inspectors: Samuel McKee, William T. Decker.s Philip D. Crist. Betnarks. Attached ballots are trimmed. Democrat splits 21 Republican splits 10 Prohibition Splits 5 Labor split 2 There were only 4 spUt ballots attached. Memoranda of Statement op Canvass in the Fiest Election District OP THE OP the Town of Montgomery. Governor (total) 239 Flower 109 Fassett 106 Bruce 22 DeLeon 2 Senator (total) 239 Lamont 106 Richardson 114 Seely \ 19 Blank '. R. plurality 8. 635 Justice of Sessions (total) 236 Stevens >. 1^ Bull... 106 Talbott .- 22 Blank ; Memoranda of ballots attached 2^9 Straight Democrat ; 109 Straight Eepublioan 106 Straight Prohibition 22 Straight Labor ;'. *2 Split tickets Names of inspectors: Henry J. Powell, Chas. E. Stanley, Wm. Titus. Memoranda of Statement or Canvass in the Second Election DIstbiot OF the of the town op Montgomebt. Governor (total) ) 184 Flower .' ' 84 Fassett . 88 Bruce .. .« 11 DeLeon 1 Senator* (total) 183 Lamont ^ 81 Richardson . . . '; 91 Seely 11 Blank - E. plurality 10. Justice of Sessions (total) 183 Stevens 86 Bull • 86 Talbott 11 Blank ^^ liemoranda of ballots attached 184 Straight Democrat 84 Straight Eepublican 88 Straight Prohibition 11 Straight Labor 1 Split tickets Names of inspectors: Chas. Tice, W. S. Hunter, Chas. J. Kidd. 636 Memoranda or Statement ov Canvass in the Second Election District OF THE Fourth Ward of the Gitt of Middletown. Governor (total) 247 Flower .~ 119 Fassett 121 Bruce '. 6 DeLeon 1 Senator (total) '. 247 Lamont 113 ^j^ichardson ^ 126 Seely 6 Blank 1 Brown 1 R. plurality 13. Justice of Sessions (total) 247 Stevens 118 Bull 119 Talbott i. 6 Blank • 4 Memoranda of ballots attached 195 Straight Democrat 101 Straight Republican 95 Straight Prohibition Straight Labor Split tickets Names of inspectors: B. O. Wolf, Thos. L. Lane, Wesley Decker. Bemarks. Attached ballots are trimmed. Statement by inspectors that they can not obtain ProhibitiQn and Labor tickets to attach. Memoranda of Statement of Canvass in the Third Election District OF THE Fourth Ward of the City of Middletowi?. Governor (total) 178 Flower , "si Fassett 81 Bruce 14 DeLeon 2 637 Senator (total) 178 Lamont 73 Bichardsou 87 Seely 16 Blank ,. 2 K. plurality 14. Justice of Sessions (total) 178 Stevens ( 75 Bull. 61 Talbott 16 Blank . : 26 Memoranda of ballots attached 178 Straight Deinocrat ., 81, Straight Republican . . 81 Straight Prohibition 14 Straight Labor 2 Split tickets Names of inspectors: A. Coddington, S. Albert Bull, Geo. Storch. Memoranda or Statement of Canvass in the Fibst Election Disteict OF THE Fourth Ward of the City of Middletown. Governor (total) , 288 Flower . .-. 123 Fassett 142 Bruce • 16 DeLeon 6 Blank 1 Senators (total) 288 Lamont 120 Richardson ■ 144 \ Seely • 17 Blank 7 R. plurality 24. 638 Justice of Sessions (total) 288 Stevens 124 Bull 135 Talbott 18 Blank 11 Memoranda of ballots attached 224 Straight Democratic 95 Straight Republican 107 Straight Prohibition 16 Straight Labor 6 Split tickets Names of inspectors: James M. Price, Jonathan L. Suizy, Thomas A. March. Memoeanda of Statement op Canvass in the Second Election District OF the TmED Waed of the City of Middlbtown. Governor (total) ' 162 Flower 58 Fassett 94 Bruce 9 DeLeon 1 Senator (total) 162 Lamont 61 Richardson 93 Seely 8 Blank R. plurality 32. Justice of Sessions 162 Stevens 60 Bull 93 Talbott 9 Blank ' 639 Memoranda of ballots attached 134 Straight Democratic 49 Straight Republican 76 Straight Prohibition 7 Straight Labor 1 Split tickets , "2 Names of inspectors: E. B. Quick, G. A. Swalin, H. B. Dill. Memoranda of Statement of Canvass in the Thibd Election Distbiot of THE Second Wabd of the City of Middletown. GiDvernor ( total ) 327 Flower 137 Fassett, 169 , Bruce 19 DeLeon 2 Senator (total) 327 Lamont : *. ■' 130 Richardson 174 Seely j 19 Blank 4 R. plurality 44. Justice of Sessions ( total ) 327 Stevens 135 Bull 168 Talbott 21 Blank . . , • 3 Memoranda of ballots attached 327 Straight Democratic ; 137 Straight Republican 169 Straight Prohibition 19 Straight Labor - 2 Split tickets • Names of inspectors: B. D. Mapes, Chas. V. Puff, L. G. Wilson. 64:0 Memoranda of Statement of Canvass in the Second ELfeoTiON District of THE Second Ward of the City of Middletown. Governor ( total ) 207 Flower '. . 59 Fassett 123 Bruce 25 Senator ( total ) 207 Lament '. 57 Richardson 125 Seely ,' 24 Blank 1 Justice of Sessions ( total ) 207 Stevens 60 Bull 116 Talbott ....'. 28 Blank . .' '. 3 Memoranda of ballots attached 207 Straight Democratic 59 Straight Republican 123 Straight Prohibition 25 Straight Labor Split tickets Names of inspectors : C. B. Hulse, J. M. H. Little, J. L. Towner. Memoranda of Statement of Canvass in the Second Election District OF the First Ward of the City of Middletown. Governor (total) 266 Flower 162 Fassett 88 Bruce 13 DeLeon , 2 Blank 1 641 Senator (total) 266 Lamont j34 Richardson H3 Seeley 12 Blank 2 L. plurality, 16. Justice of Sessions (total) 266 Stevens 131 Bull 92 Talbott 12 Blank 31 Memoranda of ballots attached 266 Straight Democrat < . . . 161 Straight Republican 88 Straight Prohibition 2 Straight Labor 13 Blank ." 1 Split tickets Names of inspectors: Dan'l B. Sweeny, J. Holmes, A. E. Mclntyre. Memoranda of Statement of Canvass in the Fiest Election District of THE First Ward of the City of Middletown. Governor (total) , 184 Flower 85 Fassett 93 Bruce 5 DeLeon 1 Blank 1 Senator (total) 184 Lamont 81 Richardson 97 Seely 4 Blank ;..;....;...; 2 — ' -^ R. plurality 16. 81 642 Justice of Sessions (total) , 184 Stevens 84 Bull '. 91 Talbott 5 Blank 4 Memoranda of ballots attached 183 Oov. Sen. Straight Democrat 85 81 Straight Republican 93 97 Straight Prohibition 6 4 Straight Labor . 1 Blank ,. . 1 Split tickets Names of inspectors: Jno. A. Wallace, Oliver G. Hulse, C. C. V. Ketcham. Bemarks. Number ballots of each kind is indicated opposite name of each candidate. Memoranda, of Statement of Canvass in the Second Election Distbiot OF THE OF THE ToWN OF HlOHLANSS, • Governor (total) 196 Flower 79 Fassett 110 Bruce 3 DeLeon 4 Senator (total) 192 , Lamont 78 Bichardson Ill Seely 3 Blank E. plurality 33. Justice of Sessions (total) 192 Stevens 79 Bull 110 Talbott 3 Blank 643 emoranda of ballots attached 196 iraight Democratic 71 xaight Eepublioan 103 xaight Prohibition 3 iraight Labor 4 jlit fcictets '. 15 Names of inspectors: J. 0. Drew, H. F. Bock, Henry Marvins. Bemarks, Does not give number of district, but indorsed " No. 2." Ibmoranda op Statement or Canvass in the Third Election Disteiot OF THE or THE ToWN OP HIGHLANDS. <. overnor (totalj 179 lower 84 assett 89 race 3 eLeon 3 snator (total) 177 amont 84 iehardson 90 sely 3 lank E. plurality 6. istioe of Sessions (total) 178 ievens •* 85 all 90 ilbott .- 3 lank emoranda of ballots attached 180 iraight Democratic 81 iraight Eepublioan 79 iraight Prohibition • - • ■ • 3 raight Labor '. 2 )lit tickets 15 / — ^ Names of inspefctors: &eo. A: Harrs., Chas'. Curtis, J. Manley. 644 Memoeanda of Statement ot Canvass in the Fibst Election Disteiot OP the OP the Town op Highlahds. Governor (total) 247 Flower 109 Fassett 127 Bruce ' • 9 DeLeon 2 Senator (total) 245 Lamont. 106 Eichardson 130 Seely 9 Blank ...'. ^ E. plurality 24. Justice of Sessions (total) 246 Stevens 109 Bull 128 Talbott 9 Blank . . . .' Memoranda of ballots attached 248 Straight Democrat 100 Straight Eepublican 92 Straight Prohibition 9 Straight Labor I 2 Split tickets 45 Names of inspectors: Wm. E. Eose, J. Denna and Lawrence Gibney. Remarks. Heading not filled in; indorsed " First District." Meuobanda op Statement op Canvass in the Fourth Election Distbiot OF THE op the Town op Goshen. Governor (total) 209 Flower 95 Fassett 106 Bruce 5 DeLeon '. 3 645 enator (total) '"'"' P09 tamont 91 lichardson 110 eely 5 Hank 3 E. plurality 19. uetice of Sessions (total) 209 tevens 98 lull •; , 100 'albott , 5 Hank 6 Memoranda of ballots attached: traight Democrat 76 traight Bepublican 76 traight Prohibition 5 traight Labor 3 plit tickets 49 Names of inspectors: Jno. H. Staats, Henry F. Kenny and Jno. F. rilby. Bemarlcs. Statement of inspectors dated NoTember eleventh that number of EillotB were as shown in margin abqve. [emobanda of Statement op Canvass in the Thibp Election Dibteiot OF the of the Town of Goshen. overnor (total) 175 lower 73 assett 99 race 3 eLeon mator (total) 175 Eimont 58 ichardson 114 >ely 2 ank 1 E. plurality, 56. 646 Justice of Sessions (total) 175 Stevens 69 Bull 96 Talbott , 3 Blank 7 Memoranda of ballots attached 98 Straight Democratic 49 Straight Republican 46 Straight Prohibition '. . . . 3 Straight Labor Split tickets Names of inspectors: Geo. Hillills, H. Clark Norton, Fred B. Hock. Bemarks. Attached ballots are trimmed, but show official indorsement. State- ment (November twelfth) by inspectors that they are unable to attach 77 split tickets because they had been " burned according to law." Memoranda or Statement or Canvass in the Second Election District or the ~ of the Town of Goshen. Governor (total) 221 \ === Flower 109 Fassett ^ 107 Bruce 5 DeLeon Senator (total) 221 Lamont 87 Eichardson 128 Seely 5 Blank 1 R. plurality, 41. Justice of Sessions (total) 221 Stevens 106 Bull 104 Talbott 5 Blank 6 647 Oovemor. Senatol*. Memoranda of ballots attached 221 220 Straight Democratic 109 87 Straight Republican 107 128 Straight Prohibition 5 5 Straight Labor Split tickets Names of inspectors: Jho. M. H. Coleman, E. P. Bedfield, F, J. Hawkins. I Bemarks. The number of ballots of each kind is indicated opposite the name of each candidate. Memoeanda op Statement op Canvass in the First Election Distkiot of THE OP THE Town op Goshen. Governor (total) 168 Flower "88 Fassett '. 77 Brucie (written two) 20 DeLeon Blank 1 Senator (total) 168 Lamont 72 Bichardson 92 Seely 2 Blank 2 E. plurality, 20. Justice of Sessions (total) 168 Stevens I. 85 Bull 79 Talbott 2 Blank 2 Memoranda of ballots attached 146 Straight Democratic 51 Straight Republican 61 Straight Prohibition 2 Straight Labor Split tickets 21 Names of inspectors: Theo. Smith, S. L. Eniffin, Jas. Scott, Jr. 648 Mbmobanda 01' Statement of Canvass in the Eighth Election Disteict OF THE OF THE ToWN OF DeEBPARK. Governor (total) 394 Flower 148 Fassett 227 Bruce 15 DeLeon 4 Senator (total) 394 Lamont 150 Eichardson 226 Seely 15 Blank 3 E. plurality, 76. Justice of Sessions (total) 394 Stevens 147 Bull 223 Talbott 15 Blank 9 Memoranda of ballots attached ^ 317 Straight Democratic 121 Straight Eepublican 180 Straight Prohibition 12 Straight Labor 4 Split tickets Names of inspectors: S. A. J. Conkling, Thad. Mead, W. S. Bevins. Memobanda of Statement of Canvass in the Seventh Election District / OF the of the Town of Deeb Pabk. Governor (total) 257 Flower 101 Fassett 148 Bruce 5 DeLeon 3 649 Senator (total) 254 Lamont 100 Bichardsou 149 Seely 5 Blank B. plurality 49. Justice of Sessions (total) , 254 Stevens 101 Bull 148 Talbott 5 Memoranda of ballots attached 257 Straight Democrat 101 Straight Bepublican 148 Straight Prohibition 5 Straight Labor '. 3 Split tickets Names of inspectors: Moses Dapy^ Chas. C. Boyd, BardayS. Marsh. Memob^da of Statement of Canvass in the Second Eleotion District OP THE of the Town of Deeb Pake. Governor (total) 94 Flower •- 38 Fassett ^3 Bruce 2 DeLeon 1 Senator (total) 99 Lamont 38 Bichardson 53 Seely 2 Blank ^_0 B. plurality 15, Justice of Sessions (total) 93 Stevens 37 Bull 54 Talbott 2 Blank » 82 650 Memoranda of ballots attached 94 Straight Democrat 37 Straight Eepublican 54 Straight Prohibition 2 Straight Labor 1 Split tickets , Names of inspectors: Lewis Cuddeback, C. J. Van Inwegen, Jno. M. Thorpe. Memoranda or Statement op Canvass in the Thibd Election Distbiot OF the : OF THE ToWN OF CORNWALL. Governor (total) 135 Flower 59 Fassett 64 Bruce 11 DeLeon 1 Senator (total) ' 133 Lamont 58 Eichardson ' ■ 62 Seely 13 Blank K. plurality 4. Justice of Sessions (total) 133 Stevens 65 5ull 63 Talbott 15 Blank Memoranda of ballots attached 135 Straight Democratic 59 Straight Republican 63 Straight Prohibition 11 Straight Labor 1 Split tickets , Names of inspectors: 0. C. Terry, E. J. Benjamin, Eugene Barton. 651 Bemarks. Affidavit dated November twelfth that return is correct and explaining change of one vote in red ink on Bosendale, Danfortb and Schenck. Memoranda or Statement or Canvass in the Second Election Dibtmci or THE OF THE Town of Cornwall. Governor (total) 271 Flower Ill Fassett '. 147 Bruce , 12 DeLeon 1 Senator (total) . . . . ' 267 Lamont 106 Bichardson 149 SeelyT 12 Blank C E. plurality 43. Justice of Sessions (total) 26fi Stevens 107 Bull ..'.... 147 Talbott 12 Blank C GoTemor. Senator Memoranda of ballots attached 271 267 Straight Democratic Ill 106 Straight Republican 147 14S Straight Prohibition - 12 12 Straight Labor ■■ 1 C Splittickets C Names of inspectors: Chas. E. Miller, Jno. W. McCauley, H. J, Van Duzer. , Bemarks. The number of ballots of each kind is indicated opposite the name of each candidate. 652 Memoeanda or Statement of Cantass in the Fiebt Election District OF THE OF THE ToWN OF CoENWAIX. Governor (total ) 329 Flower 145 Fassett , 161 Bruce 23 DeLeon Senator { total ) 328 Lamont 143 Bichardson , 157 Seeiy 28 E. PluraUty 14 Justice of Sessions ( total ) 329 Stephens 143 Bull 167 Talbott 29 Memoranda of ballots attached 288 Straight Democratic t 131 Straight Eepublican- 136 Straight Prohibition , 21 Straight Labor Split tickets Names of inspectors: Chas. S. Atwood, Eob't. Mitchell, Rob't. Cleland. , Remarks. Attached ballots are trimmed. Memoeanda OF Statement of Cantass in the Fibst Election Disteiot OF THE Town of Chester. Governor ( total ) 203 Flower '. 84 Fassett 113 Bruce g 653 Senator ( total ) 201 Lamont 85 Bichardsou HO Seely '. 6 E. Plurality 26. ===== Justice of Sessions (total ) 200 Stevens 85 Bull 107 Talbott 8 Memoranda of ballots attached 203 Straight Democrat 80 Straight Bepublican 103 Straight Prohibition 4 Straight Labor Split tickets .'.1 16 Names of inspectors: Geo. E. Vail, D. W. Miller, C. F. Wood. Bemarks. The sixteen split tickets have La Mont paster for seniator and are otherwise Bepublican. Memoranda of Statement op Canvass in the First Election Distbiot, or THE OF THE ToWN OP BlOOMING GrOVE. Governor (total) 245 Flower 78 Fassett 145 Bruce 19 DeLeon 2 Defective .* 1 Senator (total) 245 Lamont 81 Richardson 141 Seely 21 Blank 2 R. plurality 60. 654 Justice of Sessions (total) 245 Stevens 79 Bull 141 Talbott 19 Blank 6 Memoranda of ballots attached , 217 Straight Democratic 72 Straight Republican 128 Straight Prohibition 15 Straight Labor , 2 Split tickets Names of inspectors: E. J. M. Laughlin, Chas. H. Tuthill, Henry C. Brooks. * STATE OF NEW TOEK, ) ^^ . Obangb Codnt¥ Cleek's Offioe. ) ' I, Willliam G. Taggart, clerk of Orange county, do hereby certify that the foregoing are correct extracts from the election returns filed in my office on the 16th day of November, 1891, from the following districts: First district of the town of WaUkill; third district of the town of WaUkill; probably fourth district of the town of Warwick; third district of the town of Warwick; first district of the town of Tuxedo; second district of the town of New Windsor; second district of the fourth ward of the city of Newburgh; third district of the fourth ward of the city of Newburgh; third district of the town of Newburgh; first district of the town of Woodbury; fourth district of the town of Newburgh; second district of the town of Newburgh; first district of the fourth ward of the city of Newburgh; first district of the third ward of the city of Newburgh; second district of the third ward of the city of Newburgh; second district of the second ward of the city of Newburgh; third district of the second ward of the city of Newburgh; fourth district of the second ward of the city of Newburgh; first district of the second ward of the city of New- burgh; seventh district of the first '^ard of the city of Newburgh; second district of the first ward of the city of Newburgh; fourth dis- trict of the first ward of the city of Newburgh; fifth district of the first ward of the city of Newburgh; first district of th§ town of Mount ' 655 Hope; fourth district of the town of Montgomery; third district of the town of Montgomery; first district of the town of Montgomery; second district of the town of Montgomery; second district of the fourth ward of the city of Middletown; third district of the fourth ward of the city of MijJdletown: first district of the fourth ward of the city of Middletown; second district of the third ward of the city of Middletown; third district of the second ward of the city of Mid- dletown; second district of the second ward of the city of Middle- town; second district of the first ward of the city of Middletown; first district of the first ward of the (?ity of Middletown; second district of the town of Highlands; third district of the town of Highlands; first district of the town of Highlands; fourth district of the town of ' Goshen; third district of the town of Goshen; second district of the town of Goshen; first district of the town of Goshen; eighth district of the town of Deerpark; seventh district of the town of Deerpark; second district of the town of Deerpark; third district of the town of Cornwall; second district of the town of Cornwall; first district of the town of Cornwall; first district of the town of Chester; first dis- trict of the town of Blooming Grove. Witness my hand and seal of office, this 1st day of March, [L..S.] A. D., 1892. W. G, TAGGART, 'Glerk. Mbmobanda of Statement of Canvass in the Fibst Election Distbiot OF the OF THE ToWN OF BlOOMINA GbOVE. Governor (total) 245 Flower *. 78 Fassett • - - • 145 Bruce - 19 De Leon 2 Defective - 1 Senator (total) • 245 Lamont ^1 Eichardson • • • 1^1 Seely 21 Blank _ 2 E. plurality 60. 656 Justice of Sessions (total) , 245 Stevens 79 Bull 141 Talbott 19 Blank . . . .• * 6 Memoranda of ballots attached (28 short) 217 Straight Democratic 72 Straight Eepublican 128 Straight Prohibition T 15 Straight Labor 2 Split tickets Names of inspectors : E. J. iAfLaughlin, Chas. H. Tuthill, Henry C. Brooks. Memoranda of Statement of Canvass in the Fibst Election Distbiot OF THE of the ToWN OF ChEBTEB. GofBrnor (total) 203 Flower 84 Passett 113 Bruce 6 De Leon \ ===== Senator (total) 201 Lamont 85 Eichardson 110 Seely 6 Blank B. plurality 25. Justice of Sessions (total) '. 200 Stevens 85 Bull ;.. 107 Talbott 8 Blank oL. 85. ===. 657 Memoranda of ballots attached 303 Straight Democratic '. 80 Straight BepubUcan 103 Straight Prohibition 4 Straight Labor Split tickets 16 ( S. Dem., 80 ^- \ Splits, 16 Names of inspectors : Geo. R Vail, D. W. Miller, 0. F. Wood. Bemarks. The sixteen split tickets have Lamout paster for senator, and are otherwise Bepublican. Mbuobansa of Statement of Canvass in the Fibst Election Distbiot OF the of the Town of Cornwall. Governor (total) 329 Flower 145 Fassett 161 Bruce 23 De Leon i Senator (total) - 328 Lamont 143 Richardson 157 Seelj 28 Blank ^^^^ R. plurality 14. Justice of Sessions (total) 329 Stevens 1^3 Bull 157 Talbott 29 Blank .• • ■ » 83 658* Memoranda of ballots attached, 41 Bhort, (ballots trimmed) . . * 288 Straight Democratic 131 Straight Republican 136 Straight Prohibition 21 Straight Labor SpHt tickets Names of inspectors: Chas. S. Atwood, Bobt. Mitchell, Bobt. Cleland. Remarks. Attached ballots are trimmed. Memoranda of Statement of Canvass in the Second Election Distbiot OP THE or THE Town of Cornwall. Governor (total) 271 Flower Ill Fassett 147 Bruce 12 DeLeon 1 Senator (total) 267 Lamont 106 Bichardson 149 Seely 12 Blank B. plurality, 43. Justice of Sessions 266 Stevens 107 Bull 147 Talbott 12 Blank Governor. Senator. Memoranda of ballots attached 271 267 Straight Democratic Ill 106 Straight Eepublican 147 149 Straight Prohibition 12 12 Straight Labor 1 Split tickets No splits; no statement of number of ballots. Names of inspectors : Chas. E. Miller, John W. McGauley, H. J. VanDuzer. 659 Bemarks. The number of ballots of each kind is indicated opposite name of each candidate. Memobanda of Statement or Canvass in the Thibd Election Dibteiot OP THE Town of Cornwall. Governor "(total) 135 Flower 59 Fassett 64 Bruce 11 DeLeon ' , 1 Senator (total) 133 Lament 58 Richardson 62 Seely 13 Blank E. plurality, 4. Justice of Sessions (total) 133 Stevens . . . ^ 55 Bull 63 Talbott 15 Blank Memoranda of ballots attached 136 Straight Democrat 59 Straight Republican 64 Straight Prohibition 11 Straight Labor 1 . Split tickets No splits. S. Dem. 59. t. 58. Names of inspectors: C. C. Terry, E. J. Benjamin, Eugene Barton. Bemarks. Afl&davit dated November twelfth that return is correct, and \ explaining change of one vote in red ink on Eosendale, Danforth and Schenck. 660 Memoranda of Statement of Canvass in the Second Election Dibtbiot or the Town or Deebfabe. Governor (total) 94 Flower 38 Fassett 53 Bruce ." 2 DeLeon 1 Senator (total) 93 Lamont ' .• . . . 38 Richardson 53 Seely 2 Blank E. plurality 15. Justice of Sessions (total) 93 Stevens 37 Bull 54 Talbott ." 2 Blank Memoranda of ballots attached ^ . 94 Straight Democrat 37 Straight Eepublican 54 Straight Prohibition 2 Straight Labor 1 Split tickets No splits. S. Eep. 54. Rn. 53. Names of inspectors: Lewis Ouddeback, C. J. Van Inwegen, John M. Thorpe. Memobanda op Statement or Canvass in the Seventh Election Dis- TBIOT or THE OF THE ToWN OF DeEBPABE. Governor (total) 257 Flower iioi Fassett .' 148 Bruce 5 DeLeon 3 661 Senator (total) 254 Lamont 100 Bichardson 149 Seely 5 Blank B. plurality 49. Justice of Sessions (total) 254 Stevens 101 Bull 148 Talbott f 5 Blank 3 Memoranda of ballots attached 257 Straight Democrat 101 Straight Bepublican 148 Straight Prohibition 5 Straight Labor 3 Split tickets No splits. S. Dem. 101. L. 100. Names of inspectors: Moses Dapy, Chas. C. Boyd, Barclay S. Marsh, Memoranda of Statement op Canvass in the Eighth Election Distbiot OF THE OF THE ToWN OF DeERPABE. ' Governor (total) 394 Flower 148 Fassett 227 Bruce 15 DeLeon 4 Senator (total) 3 94 Lamont 150 Bichardson 226 Seely 15 Blank 3 E. plurality 76. 662 Justice of Sessions (total) 394 Stevens 147 Bull 223 Talbott , 15 Blank 9 Memoranda of ballots attached 317 Straight Democrat 121 Straight Republican 180 Straight Prohibition 12 Straight Labor. 4 Split tickets No splits. Seventy-seven short; Names of inspectors: S. A. J. Gonkling, Thaddeus Mead, W. S. Bevins. Memobanda of Statement of Canvass in the Fibst Election District OF the of the Town of Goshen. Governor (total) , 168 Flower 88 Fassett 77 Bruce 20 DeLeon Blank ' 1 Senator (total) '. 168 Lamont 72 Eichardson. 92 Seely 2 Blank 2 R. plurality 20. ===— = Justice of Sessions (total) 16£ Stevens 85 Bull 78 Talbott 2 Blank 2 663 Memoranda of ballota attached (22 short) 146 Straight Democratic 51 Straight Eepublicau 61 Straight Prohibition 2 Straight Labor Split tickets 32 Name of inspectors: Theodore Shuit, S. L. Kniffin, James Scott, Jr. Memoranda of Statement of Canvass in the Second Election Distkict OP THE OF THE ToWN OF GoBHEN. Governor (total) 221 Flower 109 Fassett... ■ 107 Bruce. 5 DeLeon J , Senator (total) 221 Lamont 87 Richardson 128 Seely 5 Blank. 1 R. plurality, 41. Justice of Sessions (total) 221 Stevens 106 Bull 104 Talbott 5 Blank 6 Governor. Senator. Memoranda of ballots attached 221 220 Straight Democrat 109 87 Straight Republican.' 107 128 Straight Prohibition 5 5 Straight Labor Split tickets Q No splits. Number of ballots not shown. Name of inspectors: Jas. H. Coleman, E. P. Redfiel^ F. J. Hawkins. 664 Memoranda of Statement of Canvass in the Thibd Election Disteict OF THE OF THE ToWN OF GoSHEN. Governor (total) 175 Flower "" "73 Fassett - 99 Bruce 3 DeLeou . . . i Senator (total) 176 Lament 58 Eichardson 114 Seely 2 Blank 1 B. plurality, 56. Justice of Sessions (total) 175 Stevens , 69 Bull 96 Talbott 3 Blank 7 Memoranda of ballots attached 98 Straight Democratic 49 Straight Republican 46 Straight Prohibition 3 Straight Labor Split tickets No splits; 77 short; ballots trimmed. Name of inspectors: Geo. Hillills, H. Clark Norton, Frank B. Hock. Remarks. Attached ballots are trimmed. Statement (Nov. 12) by inspectors that they are unable to attach 77 split tickets because they had been " burned according to law." • Memoeanda of Statement of Canvass in the Fourth Election District OF THE of the Town of Goshen. ■ Governor (total) 209 Flower 95 Fassett 106 Bruce 5 DeLeon 3 t " ,665 Senator (total) 209 Lamont ry 91 Bichardson :'y 110 Seely 5 Blank 3 R. plurality, 19. ' Justice of Sessions (total) 209 Stevens 98 Bull 100 Talbott 5 Blank 6 Memoranda of ballots attached . 209 Straight Democratic 76 Straight Bepublican 76 Straight Prohibition 5 Straight Labor i 3 Split tickets 49 No ballots attached. /Names of inspectors: John H. Staals, Henry F. Eenny, John F. CriUy. m Bemarks. ^ Statement of inspectors dated, November eleventh, that number of ballots were as shown in margin above. Memoranda of \ Statement 01: Canvass in the Fibst Election District OF THE of the Town of Highlands. Governor 247 Flower 109 Fassett 127 Bruce 9 DeLeon 2 Senator (total) 245 Lamont 106 Eichardson 130 Seely 9 Blank ===== B. plurality 24. , 84 ^ #X 666 Justice of Sessions (total) 24i Stevens 10' Bull 121 Talbott Blant : ' Memoranda of ballots attaohed 24 Straight Democrat ■ 10 Straight Republican 9 Straight Prohibition Straight Labor Split tickets 4 1 or 12 over. Names of inspectors: William E. Rose, J. Denna, Lawrence Gibnej Memobanda of Statement op Canvass in the Second Election Distbic OP THE OP THE Town op Highlands. Governor (total) 19 Flower 7 Fassett 11 Bruce DeLeon Senator (total) 19 Lamont 7 Richardson 11 Seely Blank R. plurality 33. Justice of Sessions (total) IS ■ ' - ■■ —■■■ Stevens T Bull 1 11 Talbott Blank 667 Memoranda of ballots attached 196 Straight Democrat 71 Straight Bepublican 103 Straight Prohibition 3 Straight Labor 4 Split tickets . . 15 Names of inspectors: J. O. Drew, H. F. Bock, Henry Marius. Memoranda of Statbmknt of Canvass in thb Thibd Election District of THE OF THE Town of Hi&BUisva. Governor (total) ^ 179 "■■ ^-. — ■■■'■ ■ Flower '.... 84 Fassett 89 Bruce 3 DeLeon 3 Senator (total) 177 Lamont 84 Bichardson 90 Seely 3 Blank E. plurality 6. Justice of Sessions (total) 178 Stevens 85 Bull 90 Talbott 3 Blank Memoranda of ballots attached 180 Straight Democratic 81 Straight Republican 79 Straight Prohibition 3 Straight Labor, 2 Split tickets 15 One over. Names of inspectors: Geo. A. Harris, Ghas. Curtis, Jim Manley. / 668 Memoranda of Statement of Canvasb in the First Election District i THE First Ward op the City of Middletown. Governor (total) li Flower i Fassett i Bruce DeLeou Senator (total) , IS Lamont.. ....;. i Bichardson i Seely Blank E. plurality 16. Justice of Sessions (total) ^ If Stevens i Bull i Talbott Blank Memoranda of ballots attached li Governor. Senate Straight Democratic 85 i Straight Eepublican 93 J Straight Prohibition 5 Straight Labor 1 Blank Number of splits one short. Number of ballots not shown. Names of inspectors: John A. Wallace, Oliver G. Hulse, C. 0. ' Ketcham. Bemdrks. Number of ballots of each kind is indicated opposite name of ea< candidate. i 669 MiMOEiNDA OF STATEMENT OP OaNVASS IN SeOOND ElEOTIOIT DiSTRIOT OF THE First Wabd of the City of Middlbtown. Governor (total) 266 Flower 162 Fassett 88 Bruce 13 DeLeon 2 Blank 1 Senator (total) 266 Lamont 134 Eichardson 118 Seely 12 Blank 2 Lamont plurality 16. JuBbice of Sessions (total) . . . . , 266 Stevens 131 Bull 92 Talbott 12 Blank 31 Memoranda of ballots attached 266 Straight Democrat 162 Straight Bepublican 88 Straight Prohibition 13 Straight Labor '. 2 Blank 1 Split tickets • No splits. Straight Democrat 162. L. 134. Names of inspectors: Daniel B. Sweeny, J. Halman, A. E. Mclntyre* Memoranda of Statement of Canvass in the Second Election District OF the Second Ward of the City of Middletown. Governor (total) 207 Flower 59 Fassett 123 Bruce - 25 DeLeon 670 Senator (total) 2C Lamont ^ Bichardson IS Seely 2 Blank _/ E. plurality, 68. Justice of SesBions (total) 2G Stevens 6 Bull 11 Talbott 2 Blank E. plurality 68. Memoranda of ballots attached. 20 Straight Democrat 6 Straight Eepublican , 12 Straight Prohibition 2 Straight Labor Split tickets No splits. Straight Democrat 59. L. 57. Names of inspectors: C. B. Hulse, J. M. H. Little, J. S. Towner. Memoranda of Statement of Canvass in the Third Election Distrio OF the Second Ward of the Citt of Middletown. Governor (total) 32 Flower 13 Fassett 16 Bruce 1 DeLeon Senator (total) 32 Lamont 13 Eichardson 17 Seely 1 Blank B. plurality 44. 671 / Justice of SesBions (tbtal) 327 Stevens. 135 Bull 168 Talbott . . . . \ 21 Blank 3 Memoranda of ballots attached 327 Straight Democratic 137 Straight Kepublican 169 Straight Prohibition 19 Straight Labor 2 Split tickets No splits; S. Dem. 137; L. 130. Names of inspectors: R. D. Mapes, Chaa. K Puff, L. G. "Wilson. Memoranda or Statement of Canvass in the SeoOnd Election Dibtbict OF THE Third Ward or the City of Miijpletown. Governor (total) 162 Flower 58 Passett 94 Bruce , 9 DeLeon 1 Senator (total) 162 Lamont 61 Eichardson 93 Seely 8 Blank R. plurality 32. Justice of Sessions (total) 162 Stevens 60 Bull , 93 Talbott 9 ;i;^ Blank 672 Memoranda of ballots attached 134 Straight Democratic 48 Straight Eepublican 76 Straight Prohibition 7 Straight Labor C Split tickets S Twenty-eight short; only two splits. Names of inspectors: E. B. Quick, G. H. Swalin, H. B. Dill. Memoranda op Statement of Canvass in the Fibst Election Distrioi OF THE FonKTH WaHD OP THE OiTT OP MiDDLETOWN. Governor (total) 28S Flower 123 Passet 142 Btuce 16 DeLeon 6 Blank 1 Senator (total) 288 Lamont 12C Richardson 144 Seely 11 Blank 1 R. plurality 24. Justice of Sessions (total) 288 Stevens . '. 124 Bull 13E Talbott 1£ Blank 1] Memoranda of ballots attached .'. 224 Straight Democrat '. 9£ Straight Eepublican lO"! Straight Prohibitionist 1( Straight Labor ( Split tickets ( No splits. Sixty-four short. Names of inspectors: Jas. M. Price, Jonathan L. Suizy, Thos. A March. 673 Memoeanda of Statement or CANyAss in the Second Election Distbict OF fHB FOUBTH WaBD OP THE CiTi: OF MpjDLETOWN. Governor (total) 247 Flower 119 Fassett 121 Bruce , l 6 DeLeon 1 Senator (total) 247 Lamont 1 113 Eichardson ; 126 Seely , 6 Blank 1 Browfi 1 R. plurality 13. Justice of Sessions (total) 247 Stevens 118 Bull , 119 Talbott 6 Blank 4 Memorandum of ballots attached 195 Straight Democrat .' 101 Straight Republican 94 Straight Prohibition Straight Labor Split tickets No splits. Fifty-two short. Ballots trimmed. Names of inspectors: B.X). Wolf, Thos. L. Lane, Wesley Decker. Bemarks. Attached ballots are trimmed. Statement by .inspectors that they can not obtain Prohibition and Labor tickets to attach. 85 674 Memobandum of Statement of Cantass in the Thied Election Disteh OF THE FOUETH WaeD OF THE CiTY OF MiDDLETOWN. Governor (total) ^ 1' Flower ' Fassett • ' Bruce DeLeon Senator (total) - 1 Lamont - • Eichardson I Seely Blank E. plurality 14. f Justice of Sessions (total) : 1' Stevens Bull ,.'. < Talbott .~v- Blank : Memoranda of ballots attached 1' Straight Democrat i Straight Eepublican , Straight Prohibition Straight Labor Split tickets No splits; S. Dem. 81; L. 73. Names of inspectors: A. Goddington, S. Albert Bull, Geo. Store Memoranda of Statement of Canvass in the FiesT Election Distei of the of the town of montgomebt. Governor (total) 2 Flower 1 Fassett 1 Bruce DeLeon. » ...... ; , 675 Senator (total) 239 Lament 106 Eichardson , 114 Seely 19 Blank . Justice of Sessions (total) 236 Stevens 108 Bull 106 Talbott . 22 Blank , A Memoranda of ballots attached 239 Straight Democrat 109 Straight Eepublican 106 Straight Prohibition '. = 22 Straight Jjabor 2 Split tickets , No splits; S. Dem. 109; L. 106. Names of inspectors: Henry J. Powell, Clark Stanley, Wm. Titus. Memoranda op Statement op Canvass in the Second Election District OP the Town op Montgomery. Governor (total) ., 184 Flower 84 iPassett 88 Bruce 11 DeLeon '. 1 Senator (total) 183 Lamont 81 Eichardson 91 Seely 11 Blank ^ • • ' E. plurality 10. 676 Justice of Sessions (total) 1 Stevens Bull Talbott Blank Memoranda of ballots attached ' 1 Straight Democratic Straight Republican Straight Prohibition Straight Labor Split tickets No splits; S. Dem. 84; L. 81. ""^ Names of inspectors: Chas. Tice, W. S. Hunter, Chas. J. Eidd. MEMOEAJiTDA OP StATEMENI OF CaNVASS IN THE ThIBD ElEOTION DiSTB] or THE OF THE ToWN OF MoNTQOMEET. Governor (total) 3 Flower 1 Fassett • , 2 Bruce .' DeLeon Blank • Senator (total) 3 Lamont 1 Richardson 2 Seely '. Blank ' R. plurality 120. Justice of Sessions (total) 3 Stevens 1 Bull 2 Talbott Blank 677 Memoranda of ballots attached 396 Straight Democratic 109 Straight Bepublican 228 Straight Prohibition 17 Straight Labor 3 Split tickets ' 30 Ballots trimmed. Names of inspectors: Samuel McEee, Wm. T. Decker, FhiUp T. Grist. Bemarks. Attached ballots are trimmed. Split Democrat 21; split Prohibi- tion 5; split Socialist 2; split Bepublican 10. Memoranda of Statement oe Canvass ii* the Fourth Election Disteiot OP THE OP the Town of Montgombbt. Governor (total) 305 Flower 88 Passett 200 Bruce , 16 DeLeon Blank 1 Senator 305 Lamont .• • ■ • 87 Eichardson 201 Seely 16 Blank 1 E. plurality 114. Justice of Sessions (total) 305 Stevens 88 Bull 200 Talbott 16 Blank ; 1 Memoranda of ballots attached 266 Straight Democratic 72 Straight Republican 180 Straight Prohibition 14 Straight Labor. Split tickets No splits; 38 short. Names of inspectors: W. D. Sloan, Cyrus B. Farler, Wm. C. Weller. 678 Bemarks, Statement by inspectors that there were 38 split ballots. Mbmoeanda or Statement of Cantass in thi First Election Disteii OF THE OF the ToWN OF Mt. HoPE. Governor (total) 2< Flower ! Fassett li Bruce DeLeon Senator (total) 2( Lamont 1( Richardson 14 Seely R plurality 36. "~ Justice of Sessions (total) 2i Stevens i Bull i; Talbott Memoranda of ballots attached li Straight Democrati6 '^ Straight Eepublican 1] Straight Prohibitionist Straight Labor No splits; 52 short; stubs attached. Names of inspectors: Jno. Pierson, L. M. Writer, A. J. Cray. Bemarks. Stubs are still on attached ballots. Memoranda of Statement of Canvass in the Second Election Distrii OF the First Ward of the City of Newburgh. Governor (total) ,. 2^ Flower \] Fassett j; Bruce DeLeon 679 Senator (total) 243 Lamont 114 Bichardson 122 Seely 6 Blank ^ 1 R. plurality 8, Justice of Sessions (total) 243 Stevens 116 Bull 120 Talbott 6 Blank 1 Memoranda of ballots attached 243 Straight Democrat 116 Straight Republican 120 Straight Prohibition i 6 Straight Labor 1 No splits. S. Democrat 116. L. 114. Names of inspectors: Jas. D. McGiffert, Jas. C. Smith and David J. Hyndman. Memobanda' of Statement of Canvass in the Fourth Election Distbiot OF THE FiBST WaBD OF THE CiTT OF NeWBUB&H. Governor (total) 307 Flower 103 Fassett 189 Bruce 10 DeLeon 5 Senator (total) 302 Lamont 95 Richardson 197 Seely 10 R. plurality 102. 680 Justice of Sessions (total) ... 302 « Stevens ■ • • • 101 Bull 190 Talbott JLl Memoranda of ballots attached 239 Straight Democrat 79 Straight Eepublican 148 Straight Prohibition • • • 7 Split tickets , 5 No splits. Sixty-eight short. Names of inspectors: Alanson H. Topping, Eobert J. Hill and Jno. Sansbury. Memoeanda or Statement of Canvass in the Fifth Elbotion Disteiot OF the First Ward of the City of Newbdbgh. Governor (total) 232 Flower 76 Fassett , 138 Bruce 15 DeLeon 3 • Senator (total) 232 Lamont 81 Eichardson 133 Seely 14 Blank « 4 R. plurality 52. Justice of Sessions (total) 232 Stevens 76 Bull 136 Talbott . . ; 14 Blank 6 No splits. S. Republican 138. R. 133. 681 Memoranda of ballots attached. .' 232 Straight Democrat 76 Straight BepubUoan 138 Straight Prdhibition 15 Straight Labor 3 Split tickets Names of inspectors: Wm. B. White, E. Farrington^ Jno. J McQueston. Mkmobanda 01' Statehent of Canvass in the Seventh Election Distbiot or THE First Ward of the City of Newbuboh. Governor (total) 246 Flower 54 Fassett . .\ f 178 Bruce 8 DeLeon > 6 Senator (total) 246 Lament v ^^ ' Eichardson 177 Sfeely 8 Blank 6 ' E. plurality 122. ^ No splits; 1 short. Justice of Sessions (total) 246 Stevens 55 Bufi m Talbott 8 Blank 6 Memoranda of ballots attached 246 Straight Democrat 64r Straight Eepublican 177 Straight Prohibition 8 , Straight Labor 6 Split tickets - Names of inspectors: Andrew W. Taggart, Wm. H. Hallock, Frank B. Dickson. '86 682 Remarks. ' Affidavit of Taggart and Hallock that they " made corrections on word blank in election district No. 7 on writing the whole number of votes on tickets and page of said district." Memo'eanda of Statement of Canvass in the Fibst Election District of THE Second Ward.of the City of Newbueoh. Governor (total) 293 Flower 142 Fassett 144 Bruce 4 DeLeon -. -^ 3 Senator (total) .^ ' .' 290 Lament , 141 Richardson \ 145 Seely 4 Blank : R. plurality 4. Justice of Sessions (total) 290 Stevens 140 Bull. f 146 Talbott 4 Blank ; . . 1= I 111== No splits; sixty-one short. Memoranda of ballots attached 232 Straight Democratic Ill Straight Republican « 114 Straight Prohibition 4 Straight Labor 3 Split tickets Names of inspectors: Willett A. Kidd, Wm. C. Elliott, Jno. T. Smith. Remarks : Affidavit of Kidd and Smith, November fourteenth, that there were 232 straight and sixty-one split tickets. 683 Memoeahda of Statement of Canvass in the Second Election District of THE Second Wabd of the City of Nbwbubgh. Governor (total) , 277 Flower 126 Fassett 141 Bruce 8 DeLeon 2 Senator (total) 274 Lament J., 123 Eichardson r 144 Seelj 7 Blank B. plurality 21. Justice of Sessions (total) 273 Stevens 7 124 Bull 142 Talbott 7 Blank../. ,. . 1^0 splits; 1 over; S. Dem. 126; L. 123. Memoranda of ballots attached 278 Straight Democratic 126 Straight Republican u : . 142 Straight Prohibition 8 Straight Labor 2 Split tickets Names of inspectors: Jos. Martine, A. S. Weaver, Chas. O. Barrett. Memoranda op Statement of Canvass in the Third Election District OF the Second Ward of the City of Newbue&h. Governor (total) 260 Flower '... 108 Fassett 145 Bruce 3 DeLeon 4 684 Senator (total) 257 Lamont 104 Bichardson , 150 Seely 3 Blank E. plurality 46. Justice of Sessions (total) 257 Stevens * 105, Bull 148 Talbott _ 4 Memoranda of ballots attached . .•. 260 Straight Democrat 108 Straight Eepublican 145 Straight Prohibition 3 Straight Labor. 4 Split tickets . ; No splits; S. Dem., 108; L., 104. Names of inspectors: Hiram Lozier, Isaac B. Lozier, Jas. E. Brady. Memoranda or Statement or Canvass in the Foubth Election Distbiot OF the SeoSnd Ward of the Citt of Newbubgh. Governor (total) 334 Flower 132 Fassett 187 Bruce 14 DeLeon Blank i 1 Senator (total) 334 Lamont 127 Eichardson 190 Seeley 14 Blank 3 E. plurality 63. =.== Justice of Sessions (total) 334 =■' ' ' =»a^ Stevens 132 Bull 187 Talbott 14 Blank 1 685 Memoranda of ballots attached 354 Straight Democrat 143 Straight Bepublioan 197 Straight Prohibition 14 Straight Labor Split tickets No splits; 20 over; S. Dem„ 143; L., 127. Names of inspectors: Ingham Stublej, Geo. Buchanan, Jas. S. Beahan. Memoranda of Statement of Canvass in the Fibst Election Disteiot of the Thibd Wabd of the CiTr of NEWBUi^rf. Governor (total) 198 k Flower 78 Fassett 110 Bruce 10 DeLeon - Senator (total) 198 Lamont 78 Bichardson 109 Seely 10 Blank 1 E. plurality 31. Justice of Sessions (total) 198 Stevens ,- ■ • 79 Bull ." 109 Talbott 10 Blank No splits; 49 short. Memoranda of ballots attached 149 Straight Democratic 54 Straight Republican 89 Straight Prohibition 6 Straight Labor Split tickets Names of inspectors: Wm. N. Biggs, Jos. A. MacDonald, Thomas Harrington. / 686 Bemarhs. AflSdavit by inspectors that 49 split ballots having been destroyed can not be attached. Memoranda of Statement or Canvass in the Second Election Distbict OF the Thibd Ward of the City of Newburgh. Governor ^total) 251 Flower 81 Fassett 160 Bruce 8 DeLeon , 1 Blank 1 Senator (total) 251 Lament 79 Richardson ._ 162 Seely '. .' 8 Blank 2 E. plurality 83. Justice of Sessions (total) 251 Stevens 81 Bull 160 Talbott 8 Blank 2 No splits; 72 short. ' Memoranda of ballots attached 179 Straight Democratic 45 Straight Republican 129 Straight Prohibition 5 Straight Labor Split tickets Names of inspectors: A. S. Wood, H. W. Waring, John H. Chapman Bemarks. Witnesses: Geo. "T, Heumore, John H. Chapman, Jas. Belknap. 687 Mbmokanda or Statement of Cantass in the First Election Distbiot or THE Fourth Ward of the City of Newbuegh, Governor (total) t 241 Flower 110 Fassett • 123 Bruce ; 4 DeLeoB 3 Bl*nk . . .'. , 1 Senator (total) 241 Lamont ^ 109 Bichardson 124 Seely 2 Blank 6 E. plurality 15. Justice of Sessions (total) 241 Stevens 109 Bull 125 Talbott 4 Blank 3> Remarks. No splits; statement by inspectors that there were 51 splits; S. Dem. Ill; L. 109. Memoranda of ballots attached 241 Straight Democrat Ill Straight Republican 123 Straight Prohibition 4 Straight Labor 3 Split tickets Names of inspectors: Alex. A. Darragh, James J. Fogarty, Jacob Lewis. Bemarhs. Statement by inspectors that there were 51 split ballots. \ 688 Memoranda of Statement oe Canvass in the Second Election Disteict OF THE Fourth Ward of the City of Newburgh. Governor (total) l 24: Flower 13< Fassett 10; Bruce ' DeLeon ! Senator (total) 84: Lamont 11! Kichardson 12! Seely i . . ! Blank I E. plurality 10. Justice of Sessions (total) 24: Stevens 13] Bull 10( Talbott ! Blank ! No splits; 49 short; statement by inspectors. , Memoranda of ballots attached 19! Straight Democrat 9! Straight Eepublican ' 9( Straight Prohibition I Straight Labor 1 Split tickets ( Names of inspectors: Jas. W. Bradley, Chas. A. Beekman, Eob't N Hewitt. Bemarks. Statement by inspectors that there were 49 split tickets. Memoranda of Statement of Canvass in the Third Election Distric OF THE FoDRTH WaBD OP THE CiTY OF NeWBUROH. Governor (total) 25! Flower , . ill Fassett 12 Bruce De Leon 689 Senator (total) . : 251 Lamont HO EichardBon I33 Seely 7 Blank 1 R. plurality 23. === Justice of Sessions (total) 251 Stevens H6 Bull 126 Talbott 7 Blank 2 No splits; 1 over; S. D. 118; L. 110. Memoranda of ballots attached 252 Straight Democratic 118 Straight Republican 126 Straight Prohibition 7 Straight Labor Split tickets ; Defective (error) 1 Names of inspectors : Geo. O. Gardner; Fred Kernahan; Wm. H. Peake. Memoranda ot Statement of Canvass in the Thibd Election District OF THE OF THE ToWN OF NEWBUBdH, Governor (total) * 199 Flower 79 Fassett 107 Bruce 11 De Leon '. 2 Senator (total) ' 197 Lamont 74 Richardson 113 Seely 10 Blank ' R. plurality 39. 87 690 Justice of Sessions (total) 198 Stevens 78 Bull '. 108 Talbott 12 Blank , No splits; S. D. 79; L. 74. ' Memoranda of ballots attached 199 Straight Democratic 79 Straight Republican 107 Straight Prohibition 11 Straight Labor 2 Split tickets Names of inspectors: P. W. Howell, Isaac C. Colyer, Alex. Beatties. Memoranda of Statement of Canvass in the Fourth Election District or THE or the Town of Newburgh. Governor (total) 168 Flower 74 Fassett 88 Bruce , 4 DeLeon 2 Senator (total) ' 168 Lamont .'. 73 Richardson 89 Seely 4 Blank 2 R. plurality 16. Justice of Sessions (total) 168 Stevens 74 Bull 88 Talbott 4 Blank 2 691 Memoranda of ballots attached 168 Straight Democrat 74 Straight Bepublican . . . *. 88 Straight Prohibition i '. . 4 Straight Labor 2 Split tickets No splits; S. D. 74; L. 73. "^ Names of inspectors: Wallace Lozier, Michael Benson, Frederick Decker. Memoranda of Statement or Canvass in the Second Election Distbiot OP THE of the Town of Newbubgh. Governor (total) 167 Flower 68 Fassett 77 Bruce 22 DeLeon Senator (total) 167 Lamont 69 Richardson 76 Seely 22 Blank R. plurality 7. Justice of Sessions (total) 167 Stevens 68 Bull 77 Talbott •, 22 Blank _ _0 Memoranda of ballots attached 167 Straight Democrat 68 Straight Republican 77 Straight Prohibition 22 Straight Labor Split tickets ; No splits; S. R. 77; Rn. 76. Names of inspectors: Elias P. GriflSn, Frank S. Griffin, Lewis W. Miller. i:- •■ 692 Memoeanda op Statembnt or Canvass in the Second Eleotion Distbiot or THE OF THE TowN OF New Windsoe. Governor (total) - 163 Flower . . .'. 74 Passett 87 Bruce 1 DeLeon - Blank 1 Senator (total) .... 163 Lamont 74 Richardson , 86 Seely 1 Blank 2 E. plurality 12. Justice of Sessions (total) 163 Stevens 74 Bull 88 Talbott 1 Blank Only 1 split; 1 short; split is Pro. Alex.; S. Rep. 87; Rn. 86. Memoranda of ballots attached 162 Straight Democrat 74 Straight Republican 87 Straight Prohibition Straight Labor Split tickets 1 Names of inspectors: David W. Halstead, Jno. McGregor, Jas. W. Flynn. Bemarks. The split is a Prob. Alexander. Memoranda of Statement of Canvass in the First Election Distbiot OF THE Town of Tuxedo. Governor (total) 276 Flower nO Fassett 162 Bruce 4 DeLeon ; 693 Senator (total) 276 Lamont 115 Eichardson 157 Seely 4 Blank E. plurality 42. Justice of Sessions (total) 275 Stevens 109 Bull. . . .■ 162 Talbott 4 Blank No splits; ballots trimmed. Memoranda of ballots attached 278 Straight Democrat 112 Straight Eepublican 162 Straight Prohibition 4 Straight Labor ". Split tickets Two over; figures changed; S. Eep. 162; Bn. 157. Names of inspectors: Peter W. Belcher, Jno. Maruta, Mahlon J. Brooks. Remarks. Attached ballots are trimmed. Memoranda op Statement op Canvass in the First Election District OP THE, OP THE Town op Wallkill. ' Governor (total) 213 I ===== , Flower 97 Fassett 109 Bruce 3 DeLeon 3 Blank 1 , Senator (total) 207 Lamont 98 Richardson 106 . Seely 3 Blank B. plurality 8. 694 Justice of Sessions (total) 215 Stevens • 9' Bull 10"; Talbott ( Blank ( - Memoranda of ballots attached 21t Straight Democratic 9'i Straight Eepublican 109 Straight Prohibition 4 Straight Labor 3 Split tickets No splits; S. Eep., 109; Rn., 106. Names of inspectors: Henry W. Dunning, J. C. Wilber, W. N. White. Memorakda of Statement of Canvass in the Thibd Election Distbiot OF THE OF THE ToWN OF WaLLKILL. Governor 150 Flower 52 Fassett 94 Bruce 3 DeLeon 1 Senator (total) 150 Lamont 50 Eichardson 94 Seely 3 Blank 3 E. plurality 44. Justice of Sessions (total) 150 Stevens 51 Bull 95 Talbott 3 Blank 1 695 Momoranda of ballotB attached 150 Straight Democratio ' 52 Straight Bepublican 94, Straight Prohibition 3l Straight Labor 1 Split tickets No splits; S. Dem., 52; L., 50. Names of inspectors : Wm. H. Winfield, Emmett L. Bull, Geo. F. Hunter. Meuobanda of Statbubnt of Oanvass m the (pbobablt) Fourth Election DiSTEICT OF THE OF THE ToWN OF WaBWIGK. Governor (total) 311 Flower 145 Fasaett 161 Bruce 5 DeLeon ' Senator (total) 307 Lamont 150 Bichardson 152 Seely 5 Blank B. plurality 2. Justice of Sessions (total) 311 Stevens 146 Bull 160 Talbott 5 Blank , Memoranda of ballots attached 311 Straight Democrat 137 Straight Eepublican 126 Straight Prohibition 5 Straight Labor Split tickets 43 District not stated. Names of inspectors: John D. Smith, I. E. Holby, Geo. P. Wood. 696 Memorakda of Statement op Canvass in the Third Election District of the of the town of warwick. Governor (total) 338 Flower 160 Fassett *. 166 Bruce 8 DeLeon 4 Senator (total) 333 Lament 161 Bichardson 164 Seely 8 Blank B. plurality 3. Justice of Sessions (total) 334 Stevens 162 Bull 164 Talbott , \ 8 Blank Memoranda of ballots attached 337 Straight Democrat 146 Straight Eepublican . , 139 Straight Prohibition 8 Straight Labor 3 Split tickets 41 One short. Names of inspectors: Ira D. Smith, Frank T. Wildrick, H. K. Wood. Memoranda of Statement of Canvass in the First Elbctio^ District OF THE of the Town op Woodbury. Governor (total) 356 Flower 99 Fassett 240 Bruce 15 DeLeon 2 697 Senator (total) 360 Lamont 121 Bichardson 216 Seely 11 Blank 2 G. F. LaMont E. plurality 95. Justice of Sessions 354 Stevens 98 Bull 239 Talbott 17 Blank No ballots attached. Nances of inspectors: Millard F. Earl, Isaiah Hunter, Wm. B. Barclay. , ^ Remarks. Affidavit of inspectors November twelve, that ballots can not be attached because they were destroyed, but that statement is correct. Mbmoranda of Statement of Canvass in the First Election Distbiot OF the OF the Town of Bethel. Governor (tqtal) 201 Flower 79 Fassett 112 Bruce , 2 DeLeon 8 Senator (total) 193 Lamont 81 Bichardson . .. ; 110 Seely 2 Blank R. plurality 29. Justice of Sessions (total) 191 \ ===== Stevens • 79 Bull, Barringer 112 Talbott, Ingraham Blank ^^ 88 ' 698 Memoranda of ballots attached 19{ Straight Democratic 7( Straight Bepublioan lO'i Straight Prohibition i Straight labor ^ i Split tickets .... , i Only five splits; six short; S. D. 76; L. 81; S. R. 104; R. 110. Names of inspectors: Jas. H. Col well, Wm. Smith, J. J. Bradley MeWoeanda of Statement of Canvass in the Second Election District OF THE Town of Bethel. Governor (total) 214 Flower 85 Fassett ^. . 12( Bruce , f DeLeon 4 Senator (total) 215 Lament 8c Richardson . . ■ 125 Seely 1 Blank t R. plurality 39. ===== Justice of Sessions (total) 20£ Stevens , 8S Bull 125 Talbott ! Blank Mem\jranda of ballots attached 21' Straight Democratic 7{ Straight Republican 10( Straight Prohibition ■; Straight Labor j Split tickets 24 / Three over; five inspectors. Names of inspectors: Geo. Anderson, W. H. Carley, Henry Gold- smith, Seth Olmstead, C. E. DeEay. 699 Mbmoranda of Statement or OANTAsa in thb Skoond Election Dibtbiot OF THE Town of Fallsbuboh. Governor (total) 321 Flower 156, Fassett 163 Bruoe 10 DeLeon ; , 3 Senator (total) 317 Lamout 161 Biohardson 156 Seely .' 10 Blank R. plurality 5. Justice of S^BBions (total) 305 Stevens 151 Bull. 164 Talbott Blank No splits; U short; S. D. 131; L. 151; 8. R. 132; R. 156. ^ Memoranda of ballots attached 277 Straight Democratic 131 Straight Republican 132 Straight Prohibition y. 10 Straight Labor 3 Split tickets • Rejected 1 Names of inspectors: Chauncey N. Avery, O. E. Leroy, W. H. Turner. Semarks. One marked ballot attached as voted with a note by inspectors. Memobanda or Statement of Canvass in the Pibst Election Distbiot of THE of the Town of Libebty. Governor (total) '. 229 Flower 79 Fassett 138 Bruce 9 DeLeon • . 2 Blank 1 700 Senator (total) 229 Lament "^^ Bichardson 138 'Seely 9 Blank 2 E. plurality 60. Justice of SeBsions (total) 229 Stevens 77 Bull 138 Talbott 1* Blank No splits. Memoranda of ballots attached 229 Straight Democratic > 80 Straight Republican i 138 Straight Prohibition 9 Straight Labor 2 Split tickets Names of inspectors: Irving T. Morter, J. M. Hill, D. S. Hill. Memobamda. of Statement of Caiivass in the Second Election Distbict of THE OF THE ToWN OF LiBKBTY. Governor (total) 181 Flower 7C Fassett 96 Bruce , IC DeLeon £ Senator (total) , 174 Lamont 7C Bichardaou 91 Seely 1] Blank ( R. plurality 23. "^ 701 Justice of SessioxkB (total) 166 Stevens 70 Bull 95 Talbott Blank , ^ No splits; S. D., 71; L., 70; S. R., 90; R., 93. — ===== Memoranda of ballots attached 181 Straight Democratic 71 Straight Republican 90 Straight Prohibition 14 Sfoiiight Labor 6 Split tickets , Names of inspectors: J. B. Carrier, Joel Crispell, J. B. Nichols. MKMOBA.NnA. OF STATEMENT OF OaNVASB IN THE ThIED ElBOTION DiSTRIOT OF THE OF THE ToWN OF LiBERTY. Governor (total) 149 Flower : 53 Fassett 79 Bruce 16 DeLeon 1 Senator (total) 148 Lamont 50 Richardson 81 Seely ' 17 Blank R. plurality 31. I Justice of Sessions (total) 128 Stevens 52 Bull 76 Talbott Blank Number of ballots not shown. 702 OoTemor. Senator. Memoranda of ballots attached 49 148 Straight Democratic 53 50 Straight Bepublican 79 81 Straight Prohibition 16 17 Straight Labor 1 Split tickets Names of inspectors: Jas. H. Dume, Gyrus Gray, Jr., D. £. Steuart. Memobamda op . Statement or GjlXvabb in the Fourth Election District ♦ op the Town of Liberty. Governor (total) 154 Flower 65 Fassett 78 Bruce 5 DeLeon 6 Senator (total) 149 Lament 54 Eichardson 89 Seely 6 Blank B. plurality 35. Justice of Sessions (total) 142 Stevens ... 64 Bull 78 Talbott Blank Number of ballots not shown. Memoranda of ballots attached 164 Governor. Senator. Straight Democratic 65 54 Straight Bepublican 78 89 Straight Prohibition 6 g Straight Labor 6 Split tickets Names of inspectors: Seth Ennis, Melvin L. Joyner, Wakeman F. Barton. Bemarks. Attached ballots still have the stubs on them. 703 Memoranda of Statement or Canvass in the Thibd Election Distbiot OF THE or THE ToWN OF RoOKLAND. Governor (total^ 146 Flower , 60 Fassett 81 Bruce 3 DeLeon 2 Senator (total) j 144 " — I — y— ^ - I... Lamout 59 Bichardson 82 Seely 3 Blank R. plurality 23. -= Justice of Sessions (total) 141 Stevens 69 Bull 82 Talbott Blank Memoranda of ballots attached 146 Straight Democratic 60 Straight Bepublioan . . . . .1 82 Straight Prohibition 3 Straight Labor 2 Split tickets Colored ballots attached. Names of inspectors: Samuel Lord, Ira Martin, Peter Millspaugh. Bemarkg. Attached ballots are jellovr or brown. Memoranda of Statement of Canvass in the First Election District or the of the Town op MAMAKATiNoi Governor (total) 247 Flower 94 Passett 144 Bruce 5 DeLeon 4 704 Senator (total) 247 Lamont *. 97 BichardBon 140 Seely 4 Blank 6 B. plurality 43. Justice of Sessions (total) 247 Stevens 92 Bull 145 Talbott , JO Blank ' ■ ■■.■■■ Memoranda of ballots attached 247 Straight Democratic 94 Straight Bepublican 144 Straight Prohibition 5 Straight Labor 4 Split tickets No splits; S. D. 94, L. 97; S. B. 144, B. 140. """°^^ Names of inspectors: Wm. Hornbeok, W. H. Decker, Ghas. Hull- stand. MEMOBAin>A OF Stateuent of Ca»va88 IN THE Seoond -Eleotioh Distbiot OF THE OF THE ToWN OF MaMAEATINO. Governor (total) 243 Flower 75 Passett 150 Bruce 11 De Leon 7 Senator (total) 236 Lamont 76 Bichardson 148 Seely 12 B. plurality 72. 705\ Justice of Sessions (total) 224 Stevens 75 Bull 149 Memoranda of ballots attached 243 . Straight Democratic 75 (Straight Republican 150 Straight Prohibition 11 Straight Labor 7 No splits; S. D. 75, L. 76, S. R. 150, Rn. 148j ballots trimmed. Name of inspectors: A. B. Page, Patrick McNamee, Jos. McCauley. Remarks. Attached ballots are trimmed. Memoranda op StatbSient of Canvass in the Fourth Election DisirRioT OF THE OF THE Town or Rockland. Governor (total) ' 78 Flower 33 Fassett 38 Bruce , 5 De Leon 2 Senator (total) 76 Lalmont 32 Richardson 40 Seely 4 R. plurality 8. Justice of Sessions (total) 72 Stevens ' 34 Bull ; . ■ • 38 Goyernor. Benajor, Memoranda of ballots attached 78 76 Straight Democratic 33 32 Straight Republican 38 40 Straight Prohibition 5 4 Straight Labor 2 Colored ballots; number of ballot^ not shown Names of inspectors: J. W. Van Steinbergh, George Preston, Edgar Commer. 89 706 Bemarks. Ballots attached are yellow or brown; number of ballots indicated opposite name of each candidate. Memoranda or Statement of Canvass in the Third Election District or the Town of Mamakating. Governor (total) 172 Flower 67 Passett 101 Bruce 2 DeLeon 2 Senator (total) 170 Lamont 68 Richardson. ' 100 Seely : 2 Justice of Sessions (total) 168 Barringer 67 Ingraham ' 101 Names of inspectors: John W. Bell, H. O. Kuykendall, Ferris St. John. Bemarks. The number of votes is shown opposite name of each candidate individually. The Democratic and Republican ballots attached to the returns are not official ballots. The Labor and Prohibition ballots attached are official ballots, but trimmed so the indorsement can not be seen. SXA.TE OF NEW YORK, i Sullivan Codntt, Clerk's Office, f " ' I, Richard Gildersleve, county clerk in and for said county, do hereby certify that I have compared the foregoing copy of a portion of election returns of the third district, town of Mamakating with the original now remaining on file in this office, and that the same is a correct transcript therefrom, and of the whole of said original portion. In testimony whereof, I have hereunto set my hand and affixed [l. s. j the seal of said county, this 7th day of April, A. D. 1892 RICHARD GILDERSLEVE, Clerh. 707 Memoranda of Statement of Canvass in the Second Election Disteic OF the of the Town of Nbveesink. Governor (total) 26( Flower 12] Passett 12'i Bruce IC DeLeon 2 Senator (total) , 25£ Lamont 11£ Eichardson 13C Seely '. IC E. plurality 11. Justice of Sessions (total) 246 Stevens 122 Bull 124 Memoranda of ballots attached 260 Governor. Senator. Straight Democratic ., 121 1 19 Straight Eepublican . .' 127 130 Straight Prohibition 10 10 Straight Labor 2 No splits; FlQwer, 121; L., 119; Fassett. 127; E., 130; number of ballots not shown; 5 inspectors. iJames of inspectors: Jno. E. Stanton, N. S. Denmar, C. B. Vantran, O. E. Donaldson, Thos. J. MuUenix. J Bemarks. No ballots indicated opposite each candidate. / Memoranda or Statement of Canvass in the Second Election District OF THE r OF THE ToWN OF THOMPSON. Governor (total) 200 Flower 87 Fassett • 105 Bruce ■ 6 DeLeon 2 708 leuator (tutal) 198 jamont 87 lichardson •' • • • 105 leely 6 Jlftak ^ __ R. plurality 18. ustice of Sessions (total) 189 itevens 87 Jull 105 ?albott ilank ilemoranda of ballots attached 200 Straight Democrat • ■ i 87 Jtraight Eepublican 105 Straight Prohibition 6 Straight Labor 2 Split tickets Ballots trimmed. Names of inspectors: Thos. Neil, Frank E. Geraghty and Henry A. St. John. Bemarks. Attached ballots are trimmed. Ammobasba of Statement op Canvass in the First Election Distkiot of the of the town of thompson. Tovernor (total) 182 Slower 75 Tassett 97 Bruce 6 DeLeon 4 Senator (total) 178 Jamont 76 ilichardson 96 3eely 6 51ank R. plurality 20. 709 Justice of Sessions (total) 1 Stevens (Ingraham) Bull (Barrengerj Talbott Blank '..... Memoranda of ballots attached 1 Governor. Senat Straight Democrat 76^ Straight Eepublican 97 Straight Prohibition 6 Straight Labor , 4 Split tickets 2 -Two over; number of ballots not shown. Ballots trimmed. Names of inspectors: Herbert E. Barnum, Martin H. Day a Austin A. Bow. Remarks. Ballots attached trimmed; number of ballots indicated after nai of each candidate, 6 tickets attached. L., Flower; R, Fassett; from the two splits. Memoranda of Statement of Canvass in the Third Election Distr OF the Town op Thompson, Governor ( total ) '. Flower i Fassett Bruce DeLeon Senator ( total ) Lamont Bichardson /Seely ,. Blank R. plurality 18. Justice of Sessions ( total ) Stevens Bull Two over. Colored ballots. 710 Memoranda of ballots attached 96 Straight Democrat 24 Straight Republican 46 Straight Prohibition '. 3 Straight Labor Split tickets 23 Names of inspectors: Isaac A. Weller, Chas. O. Eobinson, Chas. H. Stedder. Eemarks. Attached ballots are yellow or brown. Memoeanda of Statement or Canvass in the Fourth Election District OF the op the Town of Thompson. , Governor ( total ) ^ . . 306 Flower 135 Passett 164 Bruce 2 DeLeon 2 Senator ( total) 304 Lamont 133 ' • Richardson 166 Seely . . : ". .' 2 R. plurality 33. ^^^ Justice of Sessions ( total ) 302 Stevens, Berringer t^ 135 Bull, Ingraham 164 Two short. Number of ballots not shown. I Governor. Senator. Memoranda of ballots attached 304 Straight Democrat 135 133 Straight Republican 164 166 Straight Prohibitionist 2 2 Straight Labor 2 1 Split tickets 1 Names of inspectors: C. S. Slarr, Wm. Coddington, J. W. Decker. 711 Bemarks. Two ballots attached bearing memoranda of inspeotors that th were folded and voted together. Number of ballots indicated opposite each candidate. Senator Endres. — I will see the chairman of the committee and w notify counsel at what time briefs are to be submitted. The committee then adjourned. Subsequently the following briefs were submitted: CONTESTANT'S BRIEF AND ARGUMENT OF FACTS. SUMM.1EY OP VOTES TO BE STRICKEN OUT OF EICHAEl SON'S PLURALITY. L , Votes Proven to Have Been Purchased. Sherman Club, Newburgh 1( See testimony of L. F. Johnson, Matthews, Hasbrouck, B. B. Odell, Jr., Humans and Schoonmaker. Chester Club i See testimony of Seeley, Peterson, Hunter, Sayer, McGinnis, DeGroat and Miller. Port Jervis l See testimony Mead, Lindley, Lynch and Odell, of Port Jervis. Ryan Club, Newburgh , ] See testimony of Raiser and Goetchus. Second district, second ward, Newburgh See testimony of Hanna. Seventh district, first ward, Newburgh f Floaters from Herman's shanty. See testimony of Presler, Dickson, Bastian, Warwick and F. Herman. Total vote purchased 31 II. Districts for Corruption and Irregularity. Third district, Mamakating, Sullivan County 10 Indorsement of the Republican tickets was for the " First District." Discrepancy (41) in statement of total vote. See testimony of John Irwin and Farrell. 712 First district, Blooming Grove 60 Discrepancy (28). Defective ballots not attached. First district, Cornwall 14 Trimmed ballots attached to return. Discrepancy (41). Eighth district, Deerpark 79 Discrepancy (77). Electioneering within limits. Improper counting of ballots. Open purchase of votes. See testimony of Morgan, Mead, Odell, P. J. Lynch, Lind- ley and Dotter. First district, Goshen 20 Discrepancy (22). Third district, Goshen 56 Trimmed ballots attached to return. Discrepancy (77). Second district, third ward, Middletown 32 Discrepancy (28). First district, fourth ward, Middletown 24 Discrepancy (64). Second district, fourth ward, Middletown ^ 13 Discrepancy (52). Third District, Montgomery 120 Trimmed ballots attached to return. Fourth district, Montgomery 114 Discrepancy (39). First district, Mount Hope 39 Stubbs still on ballots attached to return. Discrepancy (52). Fourth district, first ward of Newburgh 102 Discrepancy (68). Watchers counted ballots. See Valentine's testimony. Fifth district, first ward, Newburgh 52 Electioneering within limits. Improper persons allowed behind rail in polling place. Democratic inspector drunk. Purchase of votes. Irregular and improper count of ballots (watchers counted ballots), and general disregard of law. 713 See testimony of Deissoroth, June, Mrs. Moran and Mayor Doyle. Seventh district, first ward, Newburgh 177 Irregular and improper registration of voters. Inmates of alms-houses voted. Wholesale purchase of voters. Electioneering v^ithin limits. Improper count of ballots. Improper voting. Witnesses, Presler, Dickson, Bastian, Warwick, F. Herman. Eichardson's plurality was 112, his vote was 177. First district, sejoond ward, Newburgh 4 Discrepancy (61). Electioneering within limits. Witnesses, J. Williams, June and Mahoney. First district, third ward, Newburgh 31 Discrepancy (49). Improper electioneering within limit. Improper mode of counting ballots (watchers counted ballots). Witnesses, Baiser, Fisher, Beggs and McDonald. Second district, third ward, Newburgh 83 Improper mode of counting ballots (poll clerk counted ballots). Inspectors opened ballot-box and removed and destroyed ballots during the day. Discrepancy (72). Witnesses, Wood, Chapman and Leslie. Third district, third ward, Newburgh 99 Improper mode of counting ballots. First district, fourth ward, Newburgh 15 Ballot-box opened, ballots removed and destroyed. Witness, Darragh. Second district, fourth ward, Newburgh 10 Discrepancy (49). Electioneering within limits. Witness, Eogers. First district. Tuxedo 42 Trimmed ballots attached to returns. Defective ballots not attached. Woodbury : • • 95 90 '^^^^^ 714 Improper electioneering within limits. Excluding watcher illegally. False oath of physical disabilities. See testimony of John T. Miller and John G. Earl. Total vote for corruption and irregularities 1,3' Total vote purchased 31 Total number of votes to be stripken from Eichardson's plurality , 1 , 6f CONTESTANT'S BRIEF AND ARGUMENT OF FACTS. In the Matter op the Contest of C. Feed Lamont against Willia P. RiCHAEDSON. State Committeeman Odell admits of having disbursed more tha . $6,450 in Rockland and Sullivan counties and in the first Assembl district of Orange county, $1,500 of which he received from the Stai committee and the balance was contributed by the Republican cand dates, of whom Richardson was one. In addition to the amount thu received and disbursed he admits that he used a considerable amour of his own money. The amount may best be judged by his state ment, "It is something that I do not like to remember; I always foi get it as soon as I can." This too is to be taken in the light of hi statement of the large amounts of money handled by him every yea; making it difficult for him to recall such insignificant sums as $1,50 or $2,000. Five hundred dollars of this sum he sent to Rocklan county, $1,000 to Sullivan, leaving him the snug sum of $4,950 t spend in the first Assembly district of Orange, subject to be increase by the amount of the deficiency paid by Odell. Whit amount was disbursed in the second Assembly district we wer unable to prove because Charles St. John, one of the principal manipu lators of the floaters in that district, failed to obey the subpoena of th committee, but from the evidence it is manifest to all that there wa as much, if not more disbursed in the second Assembly district as i the first. Ten thousand dollars, then, it is safe to assume was pai- out by the Republicans in Orange county to carry the last fall' election. A portion of this money was contributed by Mr. Richard son. It is thus brought home to him, and if any bribery is proven h must father it. (See testimony of Odell, Seeley and Sayer.) First. — As to the bribery proven. (a.) That the Sherman Club of the city of Newburgh was bough in a body the proof clearly establishes. Every witness from Stat 715 Committeeman Odell ta the humblest member of the dub, save Marcetta, knew the club received $600, and every member save a barp half dozen received a portion of it. Five dollars and forty-five cents being paid to most of them, some, however, received but three dollars. This club had no rent to pay, it had no furniture, no expenses, owed nothing and had nothing owing it. Why then was $600 given it unless it was to secure its support to the Eepublican ticket ? The division of the money among the members, the secession of twenty- five or thirty from the Flower Club on account of it, the receipt of the bundle containing 600 one-dollar bills, and the time and' mode of distribution are sufficient to convince ' any one that the money was given for and did obtain the support of the Sherman Club. Their number is variously estimated at from 107 to 160. There were more than 110, for $600 divided by five dollars and forty-five cents would give 110 and a fraction, but some received less, some as low as three dollars, therefore the number must have been more than that, say 130, the number fixed upon by Odell, to which add the thirty, the accession from the Flower Club, and you have 160, the number at which Matthew fixes it. One hundred and sixty must then be deducted from Richardson's plurality.! (6.) The Chester Colored Club. The same is true of this club as of the Sherman, except the amount was not given in a lump, but paid per head, and the price was lower; there was a great depression in the colored market compared with Newburgh. This club was composed of thirty-two members. It was organized for plunder, and it fulfilled the mission for which it was created. It started but a week or two before election, and it did not have time to elect officers because election came too soon. Two mem- bers visited George W. Sayer, Democratic candidate for sheriff, and informed him of the nature and object of the organization, and when he found its purpose, he refused to treat with them. The organizer, Peterson, proceeded to Goshen, presumably to interview Richardson, and made arrangements with John G. Walsh, Richardson's friend, by which they were to receive two dollars per head, if they voted right. Richardson and Walsh rode to Chester election morning. Richard- son was seen there by Witness Seeley. Walsh interviewed the colored contingent in Redner's barn, and being assured that they had fulfilled their coptract to vote for Richardson, he paid them each two dollars. Thirty-two must be deducted from Richardson's apparent plurality. (c.) The purchase of votes in Port Jervis. The purchase was not made here in a lump, through clubs and organizations, as in Newburgh and Chester, but the single voter was 716 manipulated. The testimony, uncontradicted by anyone save Wei ' himself, is that he (Weiss) was running floaters all day to the pol that he corralled as many as thirty of these cattle and led them to t slaughter. He is proven to have bought Herman and Gleason. ] admits loaning Dotter a dollar election day. It is proven he attempt to bribe others. It is shown that St. John bought four and ende£ ored to get more. None of this does he deny. The shallow preter that he did not know he was wanted as a witness will not avail hi The testimony charges him with one of the most heinous crim known to the election law, viz., bribery. He is the editor and pi prietor of a daily newspaper, published at Port Jervis. The t« timony given in the contest has been published in every daily nev paper in this senatorial district, including hie own. In the colum of his own journal he is charged with the crime of bribery. Does rush to the defense of his character? Does he ask or demand to examined before the committee so as to refute these charges ? He do nothing of the kind, but sends Judge Van Etten to Albany to testify th he. Van Etten, did not see St. John buy a vote on election day; b when he learns that both parties have agreed to finally submit t case, on a certain day, he conveys to the committee the informatii through one of the counsel for the sitting member that he did n Ijnow until two weeks after the time he was wanted, that he had be subpoenaed. We have shown that Weiss had been arrested for t crime of bribery, and the witnesses against him spirited away; tt an affidavit and complaint for bribery had been lodged agair St. John. We have shown enough to satisfy any reasonable mind th Bonner lied when he swore he did not purchase the vote of the color jnan, Odell, for two dollars. We have shown that at least thirty-fi votes were purchased in Deerpark, by St. John, Weiss & Co., and tl number must be deducted from Eichardson's vote. (d.) Bribery in the second district of the second ward of Newburg In this district, one Eobert Hanna, Jr., was assistant Republic worker. His employment required him to give Eepublioan pasters voters, and when he ran across a floater, or one who asked him " h( much there was in it ?" he was to send him to Todd, the man charge of the Republican party's interest at this poll. He sent Toi flve or six who had inquired of him "how much there was in i Todd interviewed them before they voted, met them immediately af i they had cast their ballots and walked them around the corner of t street, out of the sight of Haaina, and then dismissed them. W this subsequent meeting, between Todd and the voters? Why tl secrecy just before dismissing the man? It was to pay him for wl 717 he had done — voted the Eepublican ticket. Six must come from Eichardsou. (e.) The Independent Democratic, or Eyan Club. In Newburgh there was an organization started last fall, under the name of the Independent Democratic Club. It met in the house of a man nam^d Eyan, and thereby got the name of the " Eyan Club." It is confessed by its organizers that it was conceived for the pur- pose of mating itself felt; that others had received benefits from tlie political parties, but the members of this organization had received none; therefore they proposed to unite together and see what there was in it. Eighteen persons piet and formed an association to ■procure " wealth," as one testified. A committee was appointed to wai upon both Eepublicans and Democrats and -find which would pay the most. It was subsequently reported that the Democrats were no good and that the Eepublicans were fairly good. One member admitted that the club received ten dollars from the Eepublicans, and another that he got two dollars and a half for his vote. There was an attempt to controvert this testimony. Witnesses are produced who were participants in the crime, who, of course, deny it. With the district attorney of Orange county present, carefully waiching the interests of the sitting member, with it m his power to cause the indictment and conviction of any who might admit that they had violated the election laws, it is to be expected these men would deny participation in the crime. The fact, however, still remains that eighteen men did assemble one week before election and efiEect an independent organization. If it was not for boodle, what earthly object was there of its existence ? If it was not for revenue, why was it ever called into being ? It is an undoubted fact that the greater portion of the evidence upon which the existence of this club depends,. is founded upon the testimony of a person who has suffered the penalty due his offenses, and another who was saved from indict- ment by the personal intervention of the district attprney. Yet that these eighteen men did meet, a person to preside over their delibera- tions was selected and that they did adjourn to a future time, is established by witnesses produced by Mr. Eichardson. Is it probable that men of the character, that these men possessed would organize an independent club for any other purpose than revenue ? And is it improbable that a State committeeman who was so lavish in his dis- tribution of wealth as to make a donation of $600 to a colored club in Newburgh, or have Walsh pay two dollars a head for darkies in Chester, would hesitate to allow his bounty to embrace an independent Democratic club of eighteen ? All the circumstances surrounding 718 the socalled Ryan or Independent Democratic club prove that the; were purchased to vote Richardson, therefore eighteen more must bi deducted from his plurality. j^Thus have we shown that over one-hal of Richardson's plurality was procured by bribery. That thi bribery was effected by Richardson through himself and his agents That he contributed to the fund that Odell used to corrupt the voteri in the first^assembly district of Orange county, and was present an( supervised the distribution of funds to the colored men in Chester, ii the second district. To this terrible ^arraignment ^.gainst the sitting member, what ii opposed ? It is claimed that some twenty votes were purchased foi the contestant in the town of ^Goshen and about thirteen in the towi of Monroe, but there was an* abject failure of evidence to support th( claim. All the Goshen witnesses, save three, swore that they votec for Richardson, that they received their pasters from Hock, a Repub' lican worker and one (Green) said that Hock paid him for voting Is there any doubi in the minds of the committee that all the resi who voted with Green shared |Hock's bounty ? The Goshen vote therefore dwindles to three and they, with all the rest, say thai Lamont's^name was not mentioned to them. In Monroe there is no attempt to connect the contestant with Mor- gan, and as to the others, the whole charge depends upon the testi- mony of the witness Jones, who admitted that he had been " out oi his mind," who is flatly contradicted by two witnesses whom he specifically names (see testimony of Munhall and James Cook), and who offered his evidence to a friend of the contestant for two doUare (see D. R. Mahoney recalled). It is notorious in Orange county that this man has since been sent to the retreat for the pauper insane in that county. There is then only the evidence of five votes purchased in the contestant's interest, no attempt to connect the contestant with more than one, and that upon the evidence of a lunatic. The best answer to any claim that the contestant was associated with any bribery in his interest is to be found in the fact that he offered himself as a witness and that the counsel for the sitting member flatly refused to call him. Second. Improperly indorsed ballots in the third district of the town of Mamakating. Much testimony has been given by the sitting member upon this branch of the case, with no apparent object other than to confuse and mystify the charge the contestant makes that none but the Dem- ocratic tickets were properly indorsed in this district. Ten or twelve 719 witnesses have been produced to establish the truth of the testimony given by Charles Norbury, contestant's witness, that the official ballots in the first district of Mamakating were properly indorsed. It was in the third and not the first district that contestant claims the ballots were improperly indorsed. His proof relies almost entirely upon the 'testimony of John Irwin, however, partially corroborated by the witness Charles Farrell. Irwin swore positively that the Republican, Labor and Prohibition tickets were indorsed " First District " of Mamakating. That he noticed it before the polls opened and called the inspectors' attention to it. That he examined the indorsements upon the four ballots that he took into the booth when he voted, as well as when. he went into the booth with four disabled voters, and in each of these five separate cases the Democratic ballot was the only one properly indorsed, third district, and the Republican, Labor and Prohibition tickets were improperly indorsed "First District." Now Irwin either noticed what he swore he did, or he did not. If he did not he committed as rank perjury as anyone ever committed. You must either believe Irwin or brand him as the blackest villain in the country. There is no middle ground to be taken in this matter. He either swore to the truth or committed the vilest perjury possible. Are you prepared to brand him as a perjurer ? Was there anything , in his manner while upom the witness stand to lead you to form such - a judgment of his character ? Has any evidence been submitted as to his reputation that would justify you in arriving at such a conclusion ? He has always lived in this third district, he is a man of position and standing in that community. No one has or can say aught against his honesty or integrity. Is it reasonable then to believe that one who has passed the meridian of life with character unblemished, just as he is about sinking in his grave, will blacken his soul with will- ful, corrupt perjury, and that, too, in a matter where he had no per- sonal interest or gain at stake. He swore positively that a certain state ■of facts existed, which he knows either existed or it did not. If they did not exist he knew full well of their non-existence when he gave his testimony, and that he committed perjury . If they did not exist he is a perjurer of the deepest dye, and must be detected in it. That is the position in which John Irwin is placed if you discredit his testi- mony. Not so with thosp who attempted to refute his statements. Their testimony was only negative . They simply did not notice what Irwin saw. They might have noticed it and forgotten it. It ' might have existed, but it had so entirely passed out of their memory as to be unable to recall it. Their minds were not so much on the indorsement as on the number of ballots they had to receipt for. A 720 number of reasons will suggest themselves how they could have sworn as they did, and although being mistaken, yet thought they were telling the truth, but not 80 with John Irwin. His testimony was the truth or a willful lie. It is your duty to harmonize the testimony so as to brand no one as a perjurer, if you can. If you can so view the testimony as to certify that all the witnesses told the truth so far as they knew it or remembered, it is your duty to place that con- struction upon the evidence given . The only way you can solve this riddle and certify to the intentional truthfulness of all the witnesses is to find that John Irwin did not discover that the Republican, Prohi- bition and Labor ballots at that poll were indorsed "First District. One or two circumstances will assist in arriving at a correct conclusion on this point. If the three ballots were correctly indorsed why were they not attached to the certificate of the inspectors from that district ? Why did the inspectors affix paster ballots to their returns, instead of the official ballot, as the law requires? If the law had been obeyed in this instance, this apparent conflict of testimony would not have arisen. Another circumstance, to be taken into consideration is the haste with which the official who procured these ballots to be printed caused them to be destroyed. If the ballots had been properly distributed, where was the necessity of burning them as soon as the county canvassers had canvassed the vote, as clerk Gildersleeve testified he did. In Orange county, where there is no claim of improperly indorsed ballots, the clerk still has the ballots. This unusual haste manifested by the person charged with a proper distribution of the ballots to destroy the evidence which would prove the truth or falsity of Irwin's testimony must weigh heavily against the probability of the three ballots in this district being properly indorsed. The fact that pasters and not official ballots were attached to the inspector's returns, that the unvoted ballots were immediately destroyed by the clerk, and the positive testimony of John Irwin, corroborated as it is, by Charles Farrell, must lead you to the conclusion that the Republican, Prohibition and Labor ballots were improperly indorsed. If so, this district comes under the Court of Appeals decision in the Nichols case, and 101 votes must be deducted from Mr. Richardson's plurality. , Third. — Irregularities committed in several election districts. (o.) The seventh election district of the first ward, Newburgh. This district presents more corruption and disregard of law than any in the senatorial district. Hardly a provision of the election law was observed and every barrier erected by the Legislature to prevent 721 dishonesty and fraud was publicly disregarded. It commenced with the registration, of voters and ended with the inspectors' certificate of the canvass. Bastian's testimony shows that on one day of registra- tion no legal board was present until nearly noon, and until a number had registered. Persons not voting residents of the district were allowed to register, notwithstanding the inspectors were notified of their ineligibility. (See Presler's testimony.) All the male inmates of the alms-house registered and voted, although only two had a voting ij'esidence there. (See Dickson's testimony on recall.) Men who were not blind swore to their inability to fix their ballots so as to have Eepublican workers sent into the booth with them. Persons came out of the booth with their set of tickets spoiled and were told by Eepublican inspectors to go outside to Herman, a Eepublican worker and procure a set of pasters. A line of floaters numbering sixty or seventy, were bought by Fred Herman, see War- wick's testimony. The watchers handled ballots (see Bastian and Dickson), and' the inspectors adopted a manner of counting the ballots which seemed to be the mode in some districts in Newburgh, but, strange to say, this plan was used only in Eepublican districts. The mode was as follows: Each inspector took out a pile of bal- lots, opened and counted only h^s pile. He knew not, or had he any means of determining whether his fellow inspectors counted theirs correctly, yet they all three certified to the correctness of the count without attempting to verify the count of the others. The returns of the canvass was irregular and when sent back by the county canvassers for correction, the board of inspectors were not notified to reassemble to make the corrections, but the majority made what corrections they saw fit, without even speaking to the minority representation. Grross and outrageous irregularities were committed here. Barefaced and shameless bribery was perpetrated, flagrant and willful perjury com- mitted in order that Eichardson and his party might be successful. Can the beneficiaries of these offenses against law and decency be permitted to enjoy the fruits of these crimes ? With such a state of affairs, as was shown to have existed in this district last November, it is not just that the innocent should be made to suiflfer with the guilty. Those who endeavored to maintain the law should not be made to suffer the same punishment which those who violate the law undergo; Justice, fair play, tequity, all demand that the perpetrators of this out- rage upon the elective franchise and not the upholders of the law should suffer the penalties for these offenses; therefore we contend that the whole Republican vp.te of tfei^ district should be thrown out. 91 722 The 177 votes that Richardson received, should be taken from him. They were procured by fraud, they were obtained by bribery. After this is established, upon what ground can he claim them ? Even this corrupt board of inspectors give Mr. Lamont fifty-five votes, and why should he be deprived of them when neither he nor his friends, nor his party did anything to violate the poll or intimidate or purchase or defraud the voter ? But if the committee do not see it as we do, then at least the poll must be thrown out and 122 instead of 177 taken from Richardson. (6.) The fifth district of the first ward. This is a district in which the contestant claims the Democratic inspector was drunk. This claim is based upon the testimony of two as truthful and reliable men as there are in Newburgh, Messrs. June and Deisseroth. These men were disinterested spectators and in no way party to the offense charged. All the witnesses produced by the sitting member were persons interested around the polls in the interest of the Republican party, except one Bannon, and were par- ticipes criminis in the matter. If it were ^ntrue, what earthly motive would Captain June have in swearing that McQueston was too drunk to attend to his duties as inspector? How would it benefit the Cap- tain if untrue ? He says he could not be mistaken. He judged his intoxication by his actions. He also knew McQueston had been drinking, because he smelled the fumes of whisky on his breath. It was very distinct, and the time that he was so intoxicated was just before time to close the polls. Deisseroth is equally positive with June as to McQueston's intoxication, and Henry Quinn, one of con- testant's witnesses, is uncertain whether McQueston was drunk or sober at 4 o'clock. It is admitted by Richardson's witnesses that McQueston was unable to count properly; that he was slow; that when his attention was called to a miscount he immediately made the same blunder over again, so that Taylor, a Republican watcher, took the ballots 'Out of ' his hands, or, as Taylor testifies: "The Democratic watchers said, 'let Mr. Taylor count the votes;' I said no, I don't care to count them. The other inspectors were impatient at the delay, and then turned around and insisted on my counting that batch of tickets to make them straight, and McQueston then said he would allow it; I showed him where the mistake was which straightened the thing right out and they went along." That there was a bottle of liquor in the rear room, provided by the election officers and that McQueston frequently visited this room; that an altercation arose between White, Republican inspector, and Maher, the Democratic watcher, concerning a bottle of whisky in this rear 723 room, is proven beyond question. (See Bannon's testimony.) It is but natural that White and Farrington, Taylor and Smith, all those who assisted in making McQueston drunk should swear that he was sober, yet this can not overcome the straightforward testimony of •Deisseroth and June. There was a room in the rear of the poll- ing place, entrance to which was through a door in the rear of the booth. Parties were passing in and out of the room all day — officers of the poll, voters and the landlord and his family. (See Deisseroth, June and Foshay's testimony.) Electioneering took place within 150 feet and the voter was corrupted with money. George Eooke was one of the Eepublican heelers; he made his headquarters at Mrs. Bridget Moran's saloon. The public door was closed, but the private door was open. Booke and his men were passing in and out all day. Mrs. Moran saw Eooke give one man money He treated with it. It was a new bill, and she frequently heard the rattling of new bills as Eooke passed Something from his hands to those of the men with him. Im- mediately after a transaction of this kind Eooke would say: "Gome, now boys, let's go and vote," and the party would leave. This Con- tinued through the whole day. (See Bridget Moran's testimony.) Deisseroth saw Eooke upon several occasions come from Moran's with men whom he would pass over to B. B. Odell, Jr., and by him they would be led to the polls. The watcher (Taylor) counted some of the baUots. (See Deisseroth and Taylor's testimony.) So great was the disorder and disregard of law in this district, that complaint was made to the mayor that illegal voting was going on in this district, that he sent the marshal and a policeman there to preserve order. (See Mayor Doyle's testimony.) The inspectors adopted the same mode of counting ballots as in the seventh district, each one taking out a pile and only, counting those in his pile; the illegality of which will be discussed hereafter. All these infractions of the law must compel the committee to disregard entirely the vote in this district and thereby deduct fifty-tf?o from Eichardson's plurality. (c.) As to opening ballot boxes while the election was progressing. At three polls in the city of Newbjtirgh, while the election was pro- gressing, the ballot boxes were opened in the first district of the first ward, second district of the third ward, and first district of the fourth . ward. In the first district of the first ward, the ballot boxes were opened just after the polls had epened and when two or three ballots had been cast. They were not touched, or none of the ballots removed or destroyed. (See McCann's and Williana Eyan's testimony.) 724 In the district of the third and fourth ward a number of persons had voted and ballots were removed and destroyed by the inspectors. After a ballot passes from the hands of an inspector of election into the ballot-boxes he loses all control over it, it can not be touched, handled or removed by him until the close of the polls and the canvass of votes commences. Whether put in there by mistake or purposely, it is the same, the inspector's jurisdiction over it ceases, except to guard the poll and box and see that no ballots are removed. It is the handling and removing of ballots which constitutes offense, not sim- ply opening the box. The law expressly provides what shall be done if a ballot or ballots improperly are placed or get into the box. As soon as the box is opened the inspectors without unfolding or opening the ballots shall count them and if they tally with or are lees than the poll list, they shall proceed to canvass the vote; if they over-run the poll list, they shall be returned to the box and a person shall be blind- folded who shall draw from the box as many ballots as there are in excess of the poll list. This is the provision made by law to govern just such cases as happened in the third and fourth wards of New- burgh. The first district of the fourth ward should be rejected on this account. But there are additional reasons why the second district of the third ward should be rejected. Here the poll clerks counted the ballots as well as the inspectors, and each person counted just the pile he took from the general pile, as the inspectors did in the seventh and fifth districts of the first ward. The legality of this mode of counting as well as any person, save an inspector participating in the count, will be discussed hereafter. These two polls must be rejected fifteen and eighty-three. Fifteen for the first district, and eighty-three for the second district of the third ward, making ninety-eight. (d.) Fir-it district third ward. Here there was public electioneering within 150 feet of the poll. (Raiser and Fisher's testimony.) Ballot clerks as well as inspectors counted; each inspector counted but the Single pile taken by him, (See Begg's and McDonald's testimony.) Here Richardson's majority was thirty-one. (e.) Third district third ward. ' The inspectors of election counted only the pile drawn from the general heap and did not count all the votes cast. Richardson's plurality was 99. (/I) Fourth district first ward. « The watchers participated in the count. (See Valentine's testimony.) Richardson's plurality 102. (g.) Town of Woobury. 725 , • , In the town of Woodbury there was electioneering within 150 feet of the polls. Men swore to physical disability, who had none. The Democratic watcher having his credentials was improperly excluded from the polls, half a day. (See John T. Miller and John G. Earl's testimony.) This alone ^should throw out Woodbury. Richardson's plurality was 95. Sections 5 and 7, chapter 56, Laws of 1880. {h.) Eighth district of the town of Deerpark. In this district the inspectors counted simply the pile each with- drew from the general pile and no one inspector counted all the bal- lots. Bribery was proven here. St. John, Bonner, Weiss & Co., were caught openly- purchasing votes. Public electioneering within 150 feet of the polls is shdwn. This district must be thrown out for the above reasons. It gave Richardson 76 plurality. THE RETURNS. I. Tbimmed Baixots. To the return from each of the following election districts are attached narrow ballots, varying in width from two one-half to three one-half inches, which are by the inspectors certified to be like the ballots received, voted and counted. The pluralities of these districts are also given: BichardBon First election district, town of Cornwall 14 Third election district, town oi Goshen 56 Third election district, town of Montgomery 120 First election district, town of Tuxedo 42 Second election district, town of Mamakating — ^. . 72 First election district, town of Thompson 20 Second election district, town of Thompson . 18 n. Stubs Attached. To the return from each of the following election districts are attached official ballots with the stubs still upon them, which are likewise certified by the inspectors. Bichardson. First election district, town of Mount Hope 36 Fourth election district, town of Liberty 35 726 III. CoLOHED Ballots. To the return from each of the following Election districts are attached ballots of various colors, white, yellow and brown, which are certified by the inspectors to be like the ballots received, voted and counted. Blchardson Third election district of town of Eocklan^ 23 Fourth election district of town of Eockland 8 Third election district of town of Thompson 18 IV. DiSOEEPANCIES. * In the return from each of the following named election districts a marked discrepancy arises between the total number of ballots as shown by the certificate required by law upon the ballots attached to the return. In this list all minor discrepancies which may have occurred by clerical or other slight error have been ignored and in no case is the discrepancy less than twenty. The subjoined list shows the amount of the discrepancy in each case and the plurality in each: Elohard- Amount son's of district, plurality. First district, Blooming Grove 28 60 Eighth district, Deerpark 77 76 First district, Goshen 22 20 Second district, third ward, Middletown 28 32 First district, fourth ward, Middletown 64 24 Second diStrict, fourth ward, Middletown 52 13 Fourth district, Montgomery 39 114* Fourth district, first ward, Newburgh 68 102 First district. Second ward, Newburgh 61 4 Fourth district. Second jyard, Newburgh 20 63 Second district, third ward, Newburgh 72 83 First district, third ward, Newburgh 49 31 Second district, fourth ward, Newburgh 49 10 Second district, Fallsburgh 44 5 Conclusions of Law. The specific grounds for the claim that there should be thrown out 1,627 votes, counted forv,the sitting member, and upon which his 727 certificate of election was based in part, and the legal reasons therefor, are as follows : First. — There are over three hundred votes specifically proven to have been purchased for Richardson, summarized as follows: 1. Sherman Club 160 2. Chester Colored Club 32 3. Port Jervis floaters bought by Weiss and St. John 35 4. Ryan club 18 5. Second district, second ward, Newburgh 6 6. Floaters from Herman's shanty 60 311 Whatever view the committee may take as to the effect of bribery in throwing out the entire Republican vote iu districts where it was practiced by the Republicans, or^ rejecting the returns, or as to whether either of these two courses shall be followed, one conclusion is certain, in which all must agree, as they least can do^ and that is to deduct the votes entirely from the plurality of the sitting member. The insistence of the contestant is, however, that, as a legal prop- osition, the sitting member's connection with purchase of three hundred votes, or most of them, in the manner as shown by the statement of facts herein, invalidates his certificate and renders it void on the ground of fraud and public 'policy. " In case of bribery on the part of the successful candidate, or his agents, the election may be set aside even though it shall not appear that his majority or plurality was secured by such bribery." Paine on Elections, Section 479. Truscott V. Beran, Law Times E. (N. S.), 64. ■» To illustrate: Assume a candidate for senator should have a plurality of one thousand votes over the opposin'g candidate, and it should be conceded that he had openly purchased nine hundred and ninety-nine votes, and had a plurality of but one aside from the purchased votes, can there be any doubt as to the invalidity of his certificate of election ? In a republican form of government, where representatives are the choice of the people, can it be supposed for a moment that the ele'ction of a senator can be maintained where he has obtained his certificate by the open and defiant corruption of the voters and has been heard to say that his election was secure, notwitbstanding ^he 728 ,fact that he had purchased nine hundred and ninety-nine votes out of a plurality of one thousand ? We submit not. The presumption is strong and: indeed the infer- ence irresistible that the voter whom he purchased if uninfluenced by a bribe would have voted against the candidate and thus have changed the result. Second. — Electioneering within the poll limits is prohibited by the Statute, Laws 1890, ch. 262. The people of the State, through their representatives in the Legis- lature, sought by the prohibition cited to check and prevent the reprehensible practice of subjecting voters to the influence of over- zealous workers at the polls, by whom weak voters might be induced, under the excitekient of tgo enthusiastic advice, to vote against their will. As in the cases shown by the statement of facts herein and especially in the^ eighth district o| the town of Deerpark, how can it be said that there was a free expression of the people's will at the polls ? The law was violated in the district named, to an alarming extent. Red-handed was St. John and others caught in the act within the poll limits all day, soliciting and bribing voters in the interests of the Republican candidates. The law was enacted to prevent such prac- tices, and since it is apparent that the Republican workers violated the law, and openly bribed voters all day, the committee can do nothing but give expression to the people's will which made the law by enforcing it and rejecting the Republican vote of the district entirely. In what other way can the committee give effect to the law ? In what other way should it ? The sooner that any party which practices such openly defiant violations of the law, realizes that it does so at the risk of having its entire vote rejected, the quicker will it desist. Third. — Counting ballots in piles separately, without eacl> other verifying the count, is no count at all. The statute says,' the inspectors shall canvass the votes. It does not say that they shall do so by a partial canvass. It says " canvass the votes," which means all the votes. To permit an inspector to cer- tify a result as being true, when he does not and can not know whether it is true by the manner in which the count was made, is absurd. The result of such a practice, if sanctioned, would open the door to the greatest fraud, and at the same time practically exonerate inspectors from all criminal responsibility for a false certification,' as each one would claim on the trial of an indictment, that his count was true, and thus to whom could the blame attach for an intentionally false count! 729 The integrity of a return based upon a count which all the inspec- tors say they guess is correct, without knowing it is, is impeached root and branch and should be rejected. The principle has often been recognized. See Paine, 653. Hillman vs. Flanders, Loring andB. Mass., 338, Allen vs. Crowley, Loring and R. Mass., 368. Fourth. — In those districts where watchers or poll-clerks handled or counted ballots, the returns must be rejected. To uphold this practice would establish a precedent that would allow any unofficial person whomsoever to assist in the counting of votes. None but inspectors shall count. L. 1842, ch. 130, T. 4, sec. 24, as amended L. 1847, ch. 240, sec. 13, and L. 1880, oh. 553, sec. 2. ■ TJpon such grounds the returns should be rejected. People vs. Cook, 8 N. Y., 67. Fifth. — The ejection by the Republican board of inspectors in the town of Woodbury of the Democratic watcher, Irving Washburn Esq., jvithout cause is ground to throw out the entire count. Such an act is conclusive evidence of fraud and there is but one course open, which is to reject the return from that town. The law says that each party is entitled to two watchers (Laws of 1880, ch. 56), and if an election board can exclude a watcher, without cause, they can poll clerks, or either one of the inspectors themselves. It has been held good ground for rejecting the return, this exclusion of those entitled to be at the polls. ' See Paine on Elections, 481. Delano v. Morgan, 13 dist., Ohio (Oongj. 2 Bout, 168. The refusal to allow the United States supervisor of elections to be present at polls, held to be conclusive evidence of fraud. Smith V. Shelly. 6 Congressional Election Oases, 40. Beturn rejected because supervisor of elections not permitted to be present at poll. Buchanan v. Manning. 8 Congressional Election Cases, 287. Smith V. Lilman. 2d. P. 430., 92 730 Where the overseers of election were driven away by the election officers, it was held that improper conduct on the part of such officers, would present the only excuse for a desire to keep the overseers away. Duffe Ee. 4 Brews. (Pa.), 531. Sixth. — The wrongful indorsement of the Eepublican ballots in the third election district of the town of Mamakating, Sullivan county, by having thereon district No. 1, rendered void all Republican ballots voted. See People v. Onondaga Canvassers, N. T. Eeporter, Jan. 1892, 713. Seventh. — The returns to which trimmed ballots and ballots bearing stubs are attached should be rejected. These facts appear upon the face of the returns, and there has been r^'evidence offered to explain the condition of these returns. They therefore appear before this committee as they were before the board of county canvassers. It is manifest that the use of the ballots bearing numbers corres- ponding to those opposite the lists of voters in the hands of the ballot clerks defeats the purpose of the so-called Ballot Reform Law, and instead of maintaining the secrecy of the ballot estab^shes a system- atic record, by which each and every ballot may be identified with certainty. The extremely narrow ballots attached to the returns in the class of cases first enumerated do not bear the official indorsement required explicitly by the statute, and are not of the width required by law. Law of 1890, chap. 262, as amended by Laws 1891, chap. 296. If it is claimed that the irregular width is occasioned by the action of the election officers in making up the return, the objection is not removed. In trimming the ballots the indorsement is lost and thus the only means recognized by the law for subsequent determination of the indorsement is totally destroyed. If these returns are admitted, a precedent is thereby established, which furnishes an easy an4 efficient method, under the sanction of the senate, whereby the systematic frauds of identification by false indorsement, such as occurred in Onondaga county last November, may be securely hidden. 731 The ballots thus cast should in both classes of cases be excludec from computation by the canvassers. People V. Onondaga Oanvaserera. N. T. State Eeport6r, Jan. 1892, 717 and 719. Eighth. The returns to which ballots of various colors are attached should be rejected. The statute requires that the ballots shall be of a uniform tint. Ir each of these cases it appears upon the face of the returns thai ballots of various tints were voted and thus all secrecy of the act ol voting was removed. The principle laid down in the cases in this and other States touching a secret ballot requires the exclusion of these ballots. People V. Onondaga Canvassers. (Cited above.' In his opinion, in this case, the learned judge (O'Brien) says "Other cases could be cited which hold the principle that ballots casi by electors not conforming to the provisions of a statute intended for the purpose of securing secrecy and which reveal th6 contents ol the ballot or render it capable of subsequent identification are void by force of prohibitions in the statute against receiving and counting them, in substance the same as is to be found in the statute undei consideration." , He cites: , State V. McKinnon, 8 Oregon, 493. Eeynolds v. Snow, 67 Cal., 497. Talcott V. Philbrick, 59 Conn., 472, Fields V. Osborne, 21 Atl. Eep., 1070. In revote Marks, Same, 962. Ledbetter v. Hall, 62 Mo., 422. Perkins v. Garroway, 59 MiSs., 222. ^ Steele v. Calhoun, 61 Same, 556. i Ninth. The returns in which a material dis(irepancy occurs betweer the total number of votes as shown by the statement in the body ol the return and by the certificate on the attached ballots should b« rejected. These returns did not meet the requirements of the law and hence were not returns and not before the board of county canvassers and should be rejected. * The election law of this State prescribes precisely what the. duties ol inspectors of election are in canvassing and returning the votes cast It states how the canvass is completed. It says, " The canvass shall be completed by ascertaining how manj ballots of the same kind, corresponding in respect to the names ol \ 732 persons thereon, and the offices for which they are designated, have been received; and the result being found, the inspe^ors shall securely attach to a statement of such canvass, one ballot of each kind, found to have been given for the officers to be chosen at such election, any or either of them, except those given for electors for president or vice- president; and they shall state in words at full length, immediately opposite such ballot and written partly on such ballot and partly on the paper to which it shall be attached, the whole number of all the ballots that werp received that correspond with the one so attached, so that one of each kind of the ballots received at such election for the officers then to be chosen, shall be attached to such paper, with a statement of such canvass. " They shall also attach to such paper the original ballots rejected by them as being defective which were given at such election. " The remaining ballots, not so posted or attached, shall be destroyed." L. 1842, ch. 130. This is the plain language of the law. It is a matter of common knowledge that ballots are marked for identification in such manner as to render them " split tickets," and it is the object of the statute to secure to tribunals investigating the vote cast, evidence of the form, character and kind of ballot which was counted for the officer declared elected. It is impracticable to preserve all the ballots, and the same evidence is secured by preserving, a specimen of each kind. When a specimen of each kind is attached and affixed for preserva- tion, the other ballots not so attached must be destroyed. The statute itself affirmatively declares ,that the canvass is not com- plete till the attachment of ballots as before explained is done, for it says, "The canvass shall be-completed by securely attaching ballots," etc. The formality thus enjoined is not technical. Its disregard enables the returning officers to destroy the very evidence on which depends the validity of the election. To violate this requirement puts it in the power of the returning board to destroy the very ballots which the statute commands shall be by them preserved. Under the existing law which enacts such particularity and uniformity in the form and kind of ballot to be used as a safeguard Against bribery, and since ballots, the form of which are in violation of the statute, are void and must not be counted according to the law as expounded by the Court of Appeals. People V. Onodaga Canvassers N. Y, Eeporter Jan. 1892, 717 and 719. 733 t It fbUowB as a necessary consequence that any conduct on the part of the officers of the law whether intentional or through official negli^ gence, which defeats the object of the statute in providing for the preservation of the ballot is such as to impeach the integrity of their return. Where the statute requires return of votes to be signed and attested in a certain way and it was not, it was void and could not be received by the canvassing board. MoCreary, 318. 13 Gray, Mass., 83 Where the provisions of the election law have been disregarded, and the method adopted is such as to render their return unworthy of credit, the return must be rejected. The return in the first instance, prima facie evidence of the result only till impeached. MoCreary, 319 and 324. 1 Chicago Legal News, 230. 1 Bart., 267. Case of David Bard, C. L. & H. P., 116. A return may be so uncertain as to be of no validity. 59 Ind„ 152. If the number of genuine ballots is uncertain the whole should be rejected. People vs. Cook, 8 N. Y., 94. Even carelessness and disregard of the essential or important requirements of the statute will destroy the integrity of the return. MoCreary, 362. 3 Bart., 600. ^ ^ • A discrepancy between the check list and votes declared invalidates return. MoCreary, 363. 50 N. H., 140. 63 III., 405. If the return can be made in disregard of this important require- ment and stand entitled to the credit of an official canvass, then any kind of a paper, no matter what, that bears the signature of the board, is prima facie proof of the result. Such a doctrine as this is absurd. Suppose the return did not state when the election was held, nor in what town or district, nor the whole number of votes given; or the number of votes given for each 734 • candidate, but merely said Richardson had a majority of 110, can it be said that such a paper would have the official character of a return ? • Such a principle would set at naught the statutes of the State, and vest the returning boards in the election districts of this State with a power to overcome the will of the people by evading the observance of such requirements as the Legislature of the State has deemed proper and necessary. / Again, aside from the logic of the principle which sustains it, there are judicial precedents without limit that declare it and hold that unless an official certificate, by which certain facts are in the first instance thereby presumptively proved, is in the form which the law requires, it can not be admitted in evidence; or if upon its face it is contradictory and uncertain, it must be rejected. The condition of the return in each instance is sucn as to throw upon the sitting member the burden of proof to show the regularity of the proceedings of the election board. Whipley v. McCune, 12 Cal . , 352. Goggin V. Giliner, 2 Gong. El. cases, 70. Littell & Bobbins, Id., 138. Thompson v. Ewing, 1 Brews. (Pa.), 67. It is no answer to this argument that the strict enforcement of the law would disfranchise certain election districts in cases where the vote may fairly be assumed to have been honestly cast and counted, but the return produced in its grossly irregular and uncertain con- dition through the ignorance or blundering of the inspectors, even if it be assumed that the inspectors acted honestly and in good faith, but in ignorance of the law which they are sworn to carry out and obey, it can not be argued from this, that the rejection of the return work^ an injustice to the electors of the district, for the inspectors are but the agents of the electors from whom they obtain their authority, and it is not reasonable to suppose that any election district is so unfortunate as to contain no suitable men who would act as inspec- tors. If then the neglect or indifference of the electors leads to the selection of incompetent inspectors, the people must accept the results of their carelessness. Again, taking the most extreme view of the case it is better that a few election districts should be disfranchised, than that the people of the entire state should be virtually disfranchised by the violation of law in a manner which provides an easy way to the grossest abuses and frauds upon the franchise throughout the State. Read. People v. Onondaga Canvassers. N. Y. State Eeports, Jan. 1892, 720. 735 It is better that the election of a senator should fail than that the constitution or laws should be nullified or violated. Sherwood v. State Board of Canvassers, N. Y. , State Eeporter, Jan., 1892, p. 920. Bead also quotation from Gullch v. New, 14 Ind., 93, there cited. Upon the facts and the law as above stated the votes named in the summary statement prefixed to this brief should be rejected 1687 in all, which will leave a plurality of legal votes for C. Fred. Lamont of 1080. ' EespectfuUy submitted. JOHN M. GAEDNER, IRVING WASHBURN^ GRANT B. TAYLOR, S. E. DIMMICK. ^ Attorney for Contestant. BRIEF AND POINTS FOR SITTING MEMBER. As counselfor the sitting member we feel like protesting against the ruling flf the ^committee, which inhibits us from making an oral argu- ment on the questions of fact, and compels the submission of briefs before the' evidence is printed, so that the references to the testimony are practically useless, at least so far as the senate, as the court of ultimate resort, is concerned. It goes without sajing that an oral discussion of the issues of fact upon which contradictory testimony has been given is 'far more satisfactory to the counsel and the parties in interest, and more useful to the court, especially where the testi- mony is voluminous, than any other course; and a brief containing references to the testimony is of little benefit, unless the tribunal which is to pass upon the issues can readily refer to the printed record, whenever any member may wish to do so. As the evidfence taken before the committee embraces many topics and much detail, it may be well to arrange and classify the testimony relating to the different charges under appropriate heads. Pursuing this plan, we will proceed to examine the most important charges for which the sitting member is sought to be held responsible. I. — Bribery. The question of bribery may be considered in two aspects : First, where the candidate and his personal agents have purchased votes or been guilty of corruption ; and, secondly, where bribery is perpe- trated by other persons without the knowledge or consent of the candidate. 736 I. Happily for tte sitting member there is not a particle of proof anywhere in the case inculpating him, or any of his agents or repre- sentatives, with bribery or corruption. No one has appeared among the numerous witnesses to suggest any such charge against him, and the committee will look in vain through the testimony for a scintilla of evidence creating even a suspicion of the offense. On the other hand, we have positive proof of personal bribery per- / petrated in several instances by the contestant. He is shown by undisputed testimony to have authorized the pur- chase of votes on his own account; to have furnishe\i money for that purpose, and to have personally paid some of the voters who were purchased in his behalf. Thomas Jones, who had previously been in the employment of Mr. Lamont, the contestant, for the period of two years, and who had at former elections and town meetings performed similar services for him at his request, testifier that Lamont furnished him with the sum of thirty-five dollars, prior to the last election, to use in his behalf in purchasing votes, and agreed to pay him twenty-five dollars more after election for his services, and that he purchased and paid for seven or eight voters with the money, and obtained four or five more voters at stipulated prices, who were actually paid for their Totes~by Mr. Lamont in person. The sums thus agreed to be paid and actually paid to such voters varied from three dollars to five dollars. Jones was a Republican, but at the last election, in pursuance of the agreement with Mr. Lamont, voted the Democratic ticket, and also procured the voters thus purchased to vote the whole Democratic ticket, including Lamont for senator. (See his testimony, pages 918-926, 934, 937, 939.) He is corroborated by Jacob L. Eedner, one of the persons thus purchased, who testifies that he was a Republican, in need of money, and received five dollars from Jones for voting the Democratic ticket, including Mr. Lamont, and that- he had previously, at to.wn meetings, voted for Lamont for the office of supervisor, and received money from him expressly for that purpose. (See pages 915-918.) Mr. James H. Simpson also testifies that Jones agreed to pay him money for voting in favor of Mr.JJamont, but did not fulfill his agree- ment (pages 913-914), and Jones corroborates the fact, and explains his omission to pay Simpson by testifying that he did not believe that he had really voted for Lamont. (Page 920.) None of this testimony is directly contradicted, and Mr. Lamont, who was present when it was given, tacitly admits by his silence the the truth of the charges thus proved against him. 737 But there is other testimony equally strong and conclusive. George Hunter, a colored voter, living in the town of Chester, testifies (pages 986-1003) that he was asked to go, and did go, to Bacon's office or building in Goshen, where he met Lamont a few days before elec- tion (page 987). Lamoi^t requested him to work and vote for him at t];ie election, and promised to give him ten dollars for doing so. Hunter told him he would, and Lamont thereupon pfaid him one dollar on account (pp. 987-8, 1002). Hunter did not vote fdr him although he received a Lamont paster from one of his workers during the day (pp. 993, 989). Lamont there- fore never paid the ten dollars (p. 991). But Hunter obtained the day after election an envelope containing two dollars from L'Amoreaux, an agent of Lamont, to whom he was referred for that purpose by the Lamont worker (pp. 988-9). An attempt was made to weaken this testimony by producing a paper, purporting.tb be an affidavit of the witness, controverting his statement. But he denied in the most unequivocal terms that he ever signed or verified it, although he was requested to do so (pp. 993-996, 1002-1003). But neither the justice of the peace nor any of the other persons present, were produced before the committee to contradict his statement, and the inference is irresistible that the transaction at the justice's office was a disreputable trick to capture and " bulldoze '' the witness. Furlihermore, Hunter is fully confirmed as to the interview with Lamont by William Bansom, another colored voter, who was priBsent at the time, and with whom Lamont made a similar arrange- ment, paying him also one dollar " as a starter; " and Bansom performed on his part, voting for Lamont as he had promised (pp. 1004-1007). The same trick was attempted with this witness, as with Hunter, to induce him to make an affidavit discrediting his testi- mony, which utterly failed. He denied that he ever signed or verified the affidavit; and no witnesses were produced to establish the fact (pp. 1008-1013). It follows that the contestant, even if he has received a majority or plurality of the votes cast for senator in the thirteenth senatorial district, is not entitled to a seat in the senate. " In case of bribery on tue part of the successful candidate or his agents, the election may be set aside, even though it shall not appear that his majority or plurality was secured by such bribery." Paine on Elections, Sec. 479. Tusoottv. Bevan, 44 Law Times E. (N. 8.>,.64. 93 738 This result necessarily follows from the fundamental maxims of the common law, that "No one shall be permitted to profit by his own fraud, to take advantage of his own wrong, to found any claim upon his own iniquity or to acquire property by his own crime." Eiggs V. Palmer, 115 N. T., 506. Bribery at election is a crime at common law. Paine on Elections, Sec. 479. Rex V. Pitt, 1 W. Black.. 383. It is no mitigation of the offense that in some instances the voter did not perform his promise to vote for the contestant. The crime is complete when the bribe - is offered and accepted, and the voter promises to vote in pursuance of the corrupt contract, although he may break his promise, or may never have intended to perform it. Paine on Elections, Sees. 490, 492. Sulston V, Norton, 3 Burr, 1235. Harding v. Stokes, 2 M. & W., 233. Henslow v. Fawsett, 3 A. & E., 51. 2. The second aspect in which we are to consider bribery relates to the acts of other persons, without the knowledge or consent of the candidate. This is the only view in which the question if of any importance in its application to the sitting member, and in this view it is necessary to show in order to set aside the election, that the votes effected by corruption were sufficient to change the general result — in other words, that Mr. Richardson's majority or plurality was thus assured. "Bribery perpetrated by other persons, without the consent or knowledge of the successful candidate, will not ordinarily justify the rejection of the -poll, when it shall appear that the result was not thereby changed." Paine on Elections, Sec. 479. " A candidate will not be held responsible for improper acts per- formed by his supporters without his consent or knowledge, unless such acts affect the result of the election." Paine on Elections, Sec. 488. Duffy V. Mason, 1 Ells., 361. We will therefore proceed to consider the Various instances of alleged bribery and corruption and the several localities or election districts in which it is claimed to have occurred; first, in behalf of the sitting member; secondly, by or in behalf of the contestant. (1). Bribery charged to the credit of the sitting member. — The corruption charged against Mr. Eichardson principally con- 739 sists of acts and declarations on the part of representatives of the Republican party, assuming to speak for the organi- zation as sucji, and not with the view of rendering any special aid or, assistance to the candidate for senator. With one or two exceptions, there is no evidence to show how the alleged bribery and corruption affected any given locality or any particular district. The evidence offered on behalf of the contestant, as a rule, simply points to certain subordinate organizations claiming to act in harmony with the Republican party, and alleged to have been iinduly influenced by, funds furnished by the Republican State committee, without refer- ence to particular election districts. It will therefore be impossible, as will be subsequently pointed out, to refer to any definite results' accomplished in the election districts, or how the voting in any locality was affected by such improper or illegal acts. We will, ho'^ever, attempt to classify the evidence under such heads and subjects so as to give a clear and distinct abstract of the testimony touching each of the charges by which the rights of the sitting member are sought to be affected. a. Sherman Olub. It is claimed on behalf of the contestant that the votes of the members of the Sherman Club were pvirchased for the Republican ticket. It is an undisputed fact' that $600 in money was given to the club as an organization by Mr. Odell, who was a member of the Republican State committee; and it would seem that this money was subsequently distributed among several of the members of the club. It was not divided among all of the members, because many of them have testified, and their testimony \ is not . disputed, that they received nothing and knew nothing about the money until after this controversy arose concerning the senatorial election. All of the members of the club were Repub- licans, unless we except such persons (about 22 in number, p. 71) as left the Flower Club and joined the Sherman Club, just prior, to the election. The Republicans, ^f not purchased, would presumably have voted their own ticket, unless they were paid to vote_ against it, and all the members who have been sworn have confirmed this pre- sumption by their testimony. The question therefore arises whether this act of the State commit- tee in furnishing money to a Republican club, constitutes bribery within the meaning of the statute . The club was composed exclu- sively of colored, persons in the city of Newburgh, and numbered about 107 members. It was composed of professed Republicans all 740 of whom intended to support the Republican ticket. They were work- ing in harmony with the Republican organization, and occupied, by express permission, the rooms of another Republican , not by special statutory provisions conferring such authority, as in several other States and in England. And upon such a state of facts as we have shown, in the absence of express statutory authority, the decisions are uniform that the entire poll will Dot be thrown out as long as it is possible to trace and identify the illegal votes. " The rule is well settled that the whole vote of a precinct should not be thrown out on account of illegal votes, if it be possible to ascertain the number of the illegal votes, and the candidate for whbm they were cast in order toj reject them and leave the legal votes to be counted. Legal votes^are not to be thrown out in order to exclude illegal votes unless necess;ity requires it as the only means of prevent- ing the consummation of a fraud upon the ballot box." Paine on elections, sec. 510. Barnes v. Adams, 2 Bart., 760. 742 But if the rule were otherwise it would still be incumbent on the contestant to trace the voters to their respective election districts in order to bring the case within the rule. He must at least identify the election districts which are tainted with the fraudulent or illegal votes. As that has not been done, we are necessarily remitted to the number of individual voters who were members of the club and were actually infliienced by receiving some of the money for their votes. Nine members of the club were called as witnesses by the contest- ant, who testified that they received some of the money, varying from three to five dollars apiece; and eight other members, who were sworn as witnesses, testified that they had never received any of the money, and had no knowledge that it was distributed among the other members. Assuming therefore ^hat the payment of this money to the club and its distribution among some of the members amounted to bribery, it would only affect the votes of those members who actually received a portion of the funds, and the contestant must affirmatively show who these members were. As he has the burden of proof he can not claim that any of the members were unduly influenced except those to whom the payment of the money is directly traced, especially in view of the fact, that about as many members as he called testified that they received no portion of the money. The following witnesses admitted that they received some of the money after they had voted, some of them on the same day, several on the next day, and one or two several days afterward: Henry Mathews, pp. 21-35; James DuBois, pp. 36-41; James F. Schoon- maker, 41-51; William A. Broadhead, 51-55; Lewis Marvin, 55-59; John J. Hasbrook, 60-69; William Washington, 310-313; Charles F. Simons, 449-450; Henry Humans, 450-454. The following witnesses, who were members of the club, received no part of the money, and most of them never heard of the payment of the money to the club until the fact came out in this senatorial contest: William Dunn, pp. 156-163; George W. Murray, pp. 15^155; Franklin Arnum, pp. 740-754; Joseph Coon, pp. 887-893; Charles Watkins, pp. 123-124; Henry T. Bell, pp. 739; George R. Marcet, pp. 756-757; Henry Eeid, pp. 894-900. There is no legal evidence that any other members of the Sherman Club than those above named, seventeen in number, offered their votes at the election, and of those eight received no money. But it is imma- terial how many of them received money, unless it is followed up by showing that their votes were offered and received at the polls. The committee can not assume without proof that all the other members, or •^ 743 any of them received their share of the money and voted, although we concede that if it had been proven that they had received money and voted, the presumption would be under the circumstances that they voted for the sitting member, Mr. Eichardson. It follows that only nine votes can be deducted from Richardson's majority, in any event, on account of the transactions between the Republican State committee and the Sherman Olub. It may be claimed, however, that it is shown by the testimony of Hasbrool?, one of the self-inculpated members of the club, sthat many others, not sworn as witnesses, were parties to the plot and received money for their votes (pp. 65-68). He named the following persons twenty-one in all, as having received five dollars apiece: Cliff Bodine, Henry Reid, Thomas Schoonmaker, Elias Mahosen, James Dubois, William Johnson, Samuel Thompson, Abe Miller, Samuel Sailor, Thomas Coon, George Brush, George Murray, John DuBois, George Marvin, Noah Carter, Robert Schoonmaker, A1 TenBrook, Amos Murray, Charles Murray, Leonard DuBois, Lew Marvin. Of- this list, two names, James DuBois and Lew Marvin, are already included among the nine above named, as having received money by their own admission. This leaves nineteen additional names men- tioned by Hasbrook as guilty recipients of money. Our first obervation upon this testimony is, that it is apparent from reading it in connection with what precedes it, and the rambling, incoherent and unintelligible manner in which it was given, as it was evident to the observation of the committee from his appearance on the stand, that Hasbrook was too drunk to appreciate the nature of an oath or his own position as a witness, and his testimony is worthless. We remark, secondly, that the names two persons, George Murray and Henry Reid, who have distinctly testified that they received no part of the money. And no impartial person can read their testimony, (pp. 152, 155, 894, 900) without reaching the conclusion that they are truthful persons Their plain, direct and artless answers to all the questions must convey conviction to every intelligent reader. But the conclusive answer to this reckless jumble of testimony is that it is mere heresay. He frankly, admitted upon the cross examination that he did not see any money paid to any of the persons named, and knew nothing about it except what they told him (pp. 68-69). The ordinary rules of evidence in judicial tribunals obtain in contested election cases of this character Hearsay evidence, therefore, is not admissible. Paine on Elections, sec. 770. 744 'i The senate in deciding such a case acts judicia,lly. The exclusive jurisdiction conferred by the Constitution to determine the election of its own members is a part of the judicial power expressly reserved from the courts to which it would otherwise belong. And whUe it may be exercised by the senate, it must be recognized as a judicial and not a legislative power, and be exercised subject to all the rules of judicial investigation. The senate, therefore, had no constitutional right to ignore the established rules of evidence in judicial proceed- ings, and it, can not refuse to be governed by them. To attempt to do so would be an act of usurpation which we will not impute to that honorable body or to its honored representatives on the committee. The testimony of Hasbrook on this subject must, therefore, be rejected or ignored as ineffectual for any purpose. The testimony of Mitchell (pp. 299-301) comes under the same condemnation. He merely stated that he was an occupant of a store directly opposite to the house of Dawson, a member of the Sherman Club, and that he observed about sixty colored men congregated in front of Dawson's house in the afternoon of election day, and that he was told by IJaw- son's son that they were paid five dollars and seventy-five cents apiece. But, as already observed, neither Hasbrook nor Mitchell state, even as hearsay, that any of these persons voted at the election, so that their testimony is inconsequential in any event. b. The Chester Club. A similar question, in its general features, is presented by the evi- dence with reference to the members of the Chester Club, which was also composed of colored men residing in the town of Chester. This club was composed of thirty-two members (p. 318), and it is claimed on behalf of the contestant that their votes were purchased for the sum of two dollars per liead. In this case also there was no proof offered or received showing the election districts in which the members oast their votes, so that the question again is limited to the number of votes actually purchased from the members of the club. It is undisputed that all the members were Republicans, and would vote the Republican ticket unless special inducements were held out to them to vote otherwise. Here again it was necessary to produce affirmative proof as to each voter who it is claimed was corruptly induced to vote the Republican ticket, and the contestant must be limited to the persons thus specifically proven to have voted from improper influences. No presumption can be indulged from the fact that some of them received money for their votes, that all the members of the club did 745 J . . • likewise, as it is affirmatively shown and not controverted that some of them did not receive any of the mone^. William F. Seely so testified (pp. 398-401). Only the following persons, six in number, can therefore in any event be deducted from the vote of the sitting member. Charles Peterson says he received six dollars (pp. 318, 319). But that was received for going out on , the road with his horse one day before election, scouring the country, as compensation for a day's work (pp. 319-323). Peterson also testifies that no one made any contribution to the club that he knew of, and no member received or was paid anything for his vote (p. 322). Abraham Earles received two dollars on election day. He "hooked up his horse to run the wagon down there to carry the folks' to the depot " (p. 403). " Money had nothing to do with my voting" (p. 405). Stephen Hunter^ received one dollar, after he had voted, without any conversation with anyone on the subject, prior to his voting (pp. 405, 406). . Joseph D. McGinnis, received two dollars, in the same manner after voting (pp. 407, 408). Peter DeGroat said he received two dollars for voting (pp. 409, 410)_ Winslow Seely also received two dollars (p. 410-412). It is unnecessary to enlarge upon this topic> as the principles adverted to in considering the evidence relating to the members of the Sherman Club are equally applicable and controlling here. (c.) The Eyan Club. ^ Some claim may also be made that the members of the so-called Ryan Independent Democratic or boodle club was purchased for the Republican ticket. The witnesses to sustain this charge are of the most disreputable character. Raiser, who seems to have graduated at the Michigan penitentiary, and eluded all efforts to " smoke him out " after his first appearance before the committee says there were eighteen persons present at the organization of the club, and that two of these persons, Maher and Foley, afterward told him that the club received ten dollars from the Republicans, and so far as he was able to judge or know from hearsay, they all voted the Republican ticket (pp. 75, 76). Gutchess, the other witness for the contestant, testifies that the club received no proposal for their votes from either party, and they accordingly disbanded, the members voting as they pleased. He thinks that a majority voted the Republican ticket, but has no knowl- edge on the subject. He saw no money paid to any of them, and he voted the Democratic ticket (pp. 91-96). He added, however, that 94 746 William Eiley had told him that he had been paid twenty shil- lings to vote the Republican ticket, after having first stated that he saw it paid to him and then withdrawing the statement (p. 94). His testimony is utterly worthless and unreliable, as he seems to have spent the larger portion of his life in the penitentiary and county jail, having been incarcerated in jail thirty-six times (pp. 93, 94, 95). Riley, however, expressly contradicts him as to the fact of his receiving money, and as to any conversation admitting that fact (pp. 760, 761). The statement of Raiser with reference to the organization of the club, the money received and the manner in which the members voted, is expressly contradicted by the other witnesses. It appears that all the persons present on the only occasion they ever met were Democrats except one, and all of them afterward voted the Democratic ticket (pp .761, 762 and 821-838). (d.) German Club of Middletown. It it hardly worth while to spend any time in discussing the evi- dence relating to this club. The only proof offered is to the effect that the Republican candidate for coroner purchased a keg of beer for the club, some three weeks prior to the election. He had no cohversation with any of the members concerning the election or their voting, and the sitting member, Mr. Richardson, had no knowl- edge of the transaction (pp. 574-576). There is no proof of the number of members composing the club or of the election districts in which they severally voted. The rule is too well settled to require discussion that " treating " the voters under such circumstances can not effect the validity of the election. Paine on Elections, sec. 488, and cases cited. (e.) Alms-house voters, in Newburgh. We may concede for all the purposes of this controversy, that all of the persons at the alms-house, in the city of Newburgh, were Ulegal voters, as such a concession must result in a net gain of nine or ten voters for the sitting member. There were twenty-seven votes from the alms-house, of which only eleven were Republicans and voted the Republican ticket, while the rest, sixteen in number, were Democrats and voted the Democratic ticket (pp. 152, 439-441). The alms house is situated in the seventh district of the first ward of the city (p. 98). Two men were paid five dollars apiece for their day's work in bringing the voters down to be registered in the district where they voted. One of the voters received after election one dollar (pp. 134-137). 747 The alme-house superintendent, who is a Democrat, appeared before the board of registry and consulted with the board, composed of both parties, who apprbved of their registration (pp. 98-99). (/.) Seventh district of the first ward of Newburgh. The only testimony relating to bribery in this district is that of John Warwick, who states on election day he saw thirty-seven to thirty-nine men whom he regarded as purchasable voters in a little shanty, about 150 to 175 feet from the polls, talking with Fred Herman, who was a Bepublican worker, and that Herman afterward told him that he had got all of them except four or five, and added, " You know who they are ? " " ¥ou know what they want." Warwick further testifies that he saw no money paid to any of these voters (pp. 83-88). Standing alone and uncontradicted this testimony would not be sufficient to make out a case of bribery as to any of the voters in question. There is no competent affirmative evidence on the subject,, nothing but hearsay testimony, consisting of the declarations of Fred Herman. But Warwick is flatly contradicted by Herman as to his admission concerning the purchase of votes, and Herman testifies distinctly that he purchased none of the votes in question (pp. 129-152). He also repudiates the imputation of any illegal expenditures at the election. (g.) Ninth district of the ninth ward of Port Jervis. There was no legal evidence of bribery in this district, which resulted in procuring votes for the Bepublican ticket. The principal witness on the part of the contestant to sustain the charge was Levi Lindley, but his evidence is all surmise and hearsay. He distinctly testifies that he saw no money paid, and had no personal knowledge on the sub- ject (pp. 264-267). He saw Weiss, a Bepublican voter, talking with a man named Dotter (p. 252). Dotter afterward told him that he had received money from Weiss (pp. 252-255), and the wit- ness thereupon procured the arrest of Weiss, but as Dotter did not appear against him he was discharged (p. 253). Dotter was_ afterwards called as a witness and testified that he had received the money and a Bepublican paster from Weiss, but was not asked to vote the paster, and that he did not vote it. He . voted the Democratic ticket, and the Democratic candidate for senator, Mr. Lamont (pp. 289-291). The election district is Democratic by a large majority, and it went Democratic at the last elecTaon by a majority of eighty-six (pp. 259-261). 748 Another voter, Edward Gleason, was called, who testified that he received one dollar from Weiss and voted the Bepublican paster in this district and that he saw Weiss pay some money to a man named Frank Herman, but he did not know nor hear them say what it was for (pp. 292-295). (h.) Port Jervis districts not identified. Some testimony was given upon the question of bribery in other districts of Port Jervis, which were not identified, to which references will now be made. The testimony of Michael Morgan (pp. 353-358), as to the payment to him of two dollars on election day by Mr. St. John, is immaterial and ineffectual to sho'v? bribery, for two reasons: First, he did not vote in the eighth district, ward not men- tioned, where he received the money, but in the town of Deerpark, to which town he had recently removed, and there is no proof of the election district in which the vote was cast (pp. 353, 354); second, the vote was not procured for the Kepublican ticket. Morgan, as he testified, was a Democrat, and voted the Democratic ticket, including the candidate for senator (pp. 352-358). The testimony of Winters (pp. 373-378) is equally immaterial for the same reasons: First, there is no evidence designating the election district in which he voted; and, second, he also voted the Democratic ticket. The case of John Dwyer, upon his own testimony, was held by the committee at the time to be a complete failure of proof, but in that case, also, there was no evidence of the election district in which he voted (pp. 359-362). The testimony of Detective Thomas Lynch (pp. 485-492) does not mend the matter. His observations took place, as he testifies, in the fifth and eighth districts of the city of Port Jervis, without mentioning the ward or wards (p. 484). Again, all of his testimony touching the charge of bribery is hearsay. The case of Lorenzo Odell, a colored voter, is peculiar in that there is a direct conflict of testimony between him and William Boner, who js charged \yith paying Odell two dollars for his vote. Their is no possible way of harmonizing their conflicting statements (pp. 379-396). In any event even if Odell's statement can be accepted as to the fact of bribery it could only affect his own vote, because there is no proof of the election district in which the vote was cast. The evi- dence is merely that the transaction took place in the eighth district without specifying the ward in which it was located (p. 379). (2.) Bribery charged against the contestant. The countervailing evidence on the other hand to sustain the 749 charge of bribery and corruption against the contestant is far more specific and conclusive. Some of this evidence has already been pointed out in referring to bis personal connection with the com- mission of the crime. We will now call attention to the salient por- tions of the evidence in the different localities, specifying the particular electipn districts in which the transactions occurred. (a.) First district of the town of Monroe. In this district it is directly proven by the oath of the party him- self who was purchased, James Morgan, that he received three dollars from Henry Morehouse for voting a paster with Lamont's name on for senator. He received a Lamont paster to aflSx to the Eepublican ticket, which he promised to vote and did vote, and was paid the money for doing so (pp. 737-739). Lamont resided in the same district (p. 738), and Morehouse was one of his workers at the polls (pp. 735-6). There is no contradiction of thiB testimony. (6.) Second district of the town of Monroe. Thomas Jones, a worker at the polls, employed by Lamont in pier- son (p. 919), and furnished by him with thirty -five dollars in money for that purpose, purchased and paid for seven or eight votes in favor of Lamont, ftnd purchased several more which were paid for by Lamont himself. He names Jabob L. Redner as one of these voters, paying bim five dollars, which is corroborat* d by Redner (p. 915- 918, 920). Jones also named two others as the recipients of his bounty, but as they have denied the soft impeachment, we do not include them in the list. We restrict ourselves in this enumeration to the cases established by undisputed evidence. (c.) Fifth district of the town of Goshen. Michael Nally was a Lamont worker on election day in this district (p. 949). He offered Joseph Mann, a ^epuhlican, a couple of dol- lars to vote for Lamont, but as Mann had already voted, the offer came too late (p. 962). He succeeded better, however, with George , Cummings and Fred Ellis, two voters vvho came to the polls , in the afternoon from Howe's creamery, about a mile distant, in a carriage, evidently sent after them with a messenger for that purpose (pp. 950-961). CuiJimings reluctantly confessed as a witness on the stand the guilty connivance of all concerned, Nally, Ellis and himself. Ellis and the messenger were in the carriage together before Cummings got in at the creamery, and Ellis informed him in the presence of the messenger on the way to the polls that they would each receive two dollars for their votes (p. 959). They were driven directly to the polls, and voted the Democratic ticket, including 750 Lamont (pp. 950-951), and then went to Nally's saloon, where he paid two dollars to each of them (pp. 941, 969, 960). After much evasion and prevarication Cummings was obliged to admit that he and Ellis received the money for their votes (pp. 954-957). No one appeared to controvert the story of Oummings. (d.) Second district of the town of Goshen. The plot to purchase votes in this district was well conceived and skillfully executed. Charles Low, and Anthony Dusenberry, two colored Republicans in the employment of a Democrat by the name of Wilcox, were each paid five dollars to circulate Lamont pasters on election day. They gave the pasters to twenty-three different dif- ferent voters, telling them if they voted the pasters and returned the Republican paster as evidence of that fact, they would find an enve- lope the next day at L'Amoreaui's saloon ready for delivery to each of them (pp. 1013-1016, 1023-1027). And each of them, accepting and returning the Republican paster, did find such an envelope directed to him at the saloon, containing two dollars, which he received and used. As usual in such cases there was cheating on both sides, and some of the recipients of the Lamont pasters and money, voted for Rich- ardson. But the bargain was made, and the money received in each instance, although in six cases it was not performed by the vendee of his vote. George Hunter got the paster and money, but did not vote for Lamont (pp. 989-993); George Brown did likewise (pp. 1020-1); Dusenbury did not vote for Lamont, although l^e gave out thirteen of bis pasters (p. 1024) ; William Mines voted for Richardson, although he brought back the Republican paster as agreed, and thus gave the requisite proof that he voted for Lamont. This he and the others were enabled to do by a trick arranged with a Republican worker, by which they each received two of those pasters, so that they could each vote one and return the other to the Lamont headquarters (pp. 1029-1032); James Green and Samuel Ransom did likewise (pp. 1033-6,, 1040-2). But William Ransom performed his agreement and voted for Lamont and the whole Democratic ticket (p. 1006). And the legal presumption is that all the rest of the purchased voters fifteen in number, voted as they agreed. " If it be shown that an elector, for a consideration, promised, directly or indirectly, to vote for a particular candidate, the presumption will be that he cast his ballot in accordance with such promise." Paine on Elections, § 483, and cases cited. Why were not L'Amoreaux and Nally of Goshen, Morehouse and Lamont of Monroe, called to deny their complicity in the bribery to 751 which it is distinctly proven they were parties ? Their sileface is a confession of guilt. "When evidence of bribery by an active sup- porter_ of the candidate is given, the court will draw unfavorable conclusions from the neglect or refusal of the person so charged, to explain his conduct in the witness box." Paine on Elections, § 491. II. Soldiers' Vote in the Town of Highlands. Something may be claimed on behalf of the contestant in relation to the soldiers' votes at Highland Falls. We understood, however, at the time the evidence was received that the committee practically determ- ined these were legal votes. The question has been up several times before the judges of the Supreme Court, particularly Judges Barnard and Bartlett, of the second district, and these votes have been held valid. This was so held by Judge Barnard in the case of William Harer, which is the strongest case proved on the part of the contestant. Harer, it seems, had removed to and lived with his family at West Point for two years, but claimed a residence at Highland Falls, and the judge held that he had a right to vote there (p. 365). John Erne had' also lived at West Point many years, but Judge Barnard held that he had a right to voto at Highland Falls (p. 367). The same decision was made by Judge Barnard in the case of Joseph Buchar (p. 369), and upon the announcement of Chairman Roesch i that the committee would deem themselves concluded by the decision of the court in these cases, three other witnesses were only formally called and sworn to enable them to draw their fees (pp. 371, 372). It also appeared that an application was made to the county judge to strike of the registry the names of several soldiers, and that he did take off one by the name of Grover, and refused to strike off any of the others. Grover accordingly did not vote (pp. 255-6). III. Marked Ballots. Some 6>idence was given on the part of the contestant, with a view of showing that there were marked ballots received, in several elec- tion districts, which were illegal and under a recent decision of the Court of Appeals, must therefore be deducted from the vote of the sitting member. There was an entire failure of proof to sustain the charge, but it may be well to refresh the recoll^ection of the Commit- tee, by referring to the salient points of the evidence of the evidence, bearing on the question. 1. Town of Mamakating. 752 It was proved on the part of the contestant, that the Eepublican sample ballots of the first and third election districts in this town were changed, so that those marked the third district, were found at the polls in the first district and those marked for the first district, were found in the polls in the third district, but there was no evidence whatever that the regular official ballots were exchanged, or that any ballot was voted in either district which was not properly indorsed for that district (pp. 413-418, 442-444). Indeed the contestant proved affirmatively by the witness Norbury who was an inspector in the first election district, that he observed nothing at all irregular in the ballots that were voted in that district, and he par- ticipated in counting the ballots (p. 457). There was no case thierefore on the contestant's proof for throwing out any of the votes. But the evidence on behalf of the sitting member affirmatively dis- proves the implication sought to be drawn from the fact that the sample ballots were exchanged by showing conclusively that in both the first and second districts, the regular official Republican ballots were properly numbered, and were in every respect regular. It was shown by persons who voted the Republican ticket in the first and third districts respectively, by the town clerk who received the ballots when printed from the county clerk, by the messenger who carried the votes to each district from the town clerk's office, by the officers and persons present in each district when the ballots were received, opened, counted and receipted for, that only the sample ballots were exchanged for the two districts, while the official ballots iised and voted were regular in every respect (pp. 629-648, 789-802 845-869); and it was also shown that the tickets for each of those districts were properly printed, and forwarded to the county clerk, and by him delivered to the town clerk of Mamakating (pp. 839- 842). 2. Town of Monroe. A single witness who was an snspector of election, was called on behalf of the contestant, to show that there were marked ballots in one of the districts, not identified, in the town of Monroe. He testified that in counting the ballots, he saw three or four that he thought were marked. They were Democratic pasters, with Mr. Richardson's and Mr. McCormic's name inserted. " Mr. McCormic's name was scratched off and Grant B. Taylor's name was written over McCormic's." The witness did not bring the attention of the inspectors to the fact at tl^e time, and nothing was said about it. These ballots were attached to the returns made to the supervisor (pp. 348, 349), but 753 this return, we do not find incorporated in the evidence. The fair inference is that the ballots in questions were altered or scratched by the voters, after they were dealt out to them, in the booths, and were not dealt out as marked tickets. IV. Othee Alleged Irregularities. A great many witnesses were called on behalf of the contestant to prove various other alleged irregularities, committed in different election districts of several towns and cities. A brief reference will now be made to some of the most important of these alleged irregularities. 1. Counting of votes by watchers and poll clerks. It is claimed that in several election districts, the watchers and clerks assisted the inspectors in counting the votes, and in one district' counted the votes alone with the assent of the inspectors and under their supervisionj This occurred in instances where not only the Republicans, but also the Democrats, were in the majority and controlled the board of inspectors; and in every instance the clerks and watchers of both parties participated in the ii^regular proceeding, if it was an irregularity. It should be noted as an undisputed fact, that in .every instance where this fancied irregularity occurred, the count was correct as was proven by the Democratic participants themselves, and the result was in accordance with the normal vote and the recognized relative positions of the political parties in those localities. Not a particle of proof was given or offered, to show that an error was committed in any instance in counting the votes, although such an inference perhaps is sought to be drawn from the fact that the votes taken from the pile and counted by one person, were not invariably recounted by anyone else, and those counted by one watcher or poU-ol^rk, were not always re counted by an inspector. The inference is not warranted by the fact, but if it were it is completely overthrown by the testimony of each of these watchers and the clerks that he counted the votes allotted te him correctly; and this also covers the case of the Democratic inspector, McChristen, who, it is claimed, was intoxicated on the day of election. As to all the inspectors, the legal presumption is, that as ofiScers especially assigned to that duty by statute their count was correct; but in the case of McChristen and several others, express proof was given that their counts were correct. (a.) Seventh district of the first ward of Newburgh. 95 754 In this district the vote was counted by tke inspectors, each count- ing his share of the votes, but the count of one was not verified by the others (pp. 103, 104). Here the presumption obtains in the absence of proof to the contrary, that the count was correct (pp. 107-109). There is no pretense of error in the count. " The law pre- sumes that sworn officers of election perform their duties, until the contrary is shown." Paine on Elections, sec. 763, and cases cited. The only witness sworn on behalf of the contestant (Dickson), tes- tified that Jacob Herman handled votes while they were being counted (page 107), without stating how or the circumstances under which he handled ihem. Herman himself, called as a witness (pp. 767-769), explained the circumstances. He denied that he handled any of the votes or took any part in the count, except as one of the watchers (p. 707), and that all he did in the way of handling was to straighten the pile as it was falling over, to prevent its going to the floor (pp. 767-768); and that as far as he observed the votes were counted correctly (p. 768). Hellock, one of the inspectors, testified that the inspectors counted all the ballots in the presence of the watchers, and the result agreed with the whole number of votes cast (p. 815). Tygert, one of the other inspectors corroborated Hellock (pp. 885-887). He also testified that he counted his pile correctly, while overlooked by a Democratic watcher, and that the result agreed with the poll-list (pp. 885-886). And there was no contradiction of this testimony. (6.) Fifth district of the first ward of Newburgh. In this district it is claimed that the Democratic inspector, McCristen, was drunk, and that Taylor, one of the clerks, helped him count the ballots. Several witnesses were called to show that McCristen was more or less under the influence of liquor, some of whom thought he was intoxicated, but nearly all of them testified that he was sober, and counted his votes correctly. The only evidence that Taylor, the clerk, helped him count the ballots, was to the efiEect that Taylor stood behind him and looked over his shoulder and verified his count,' but did not handle any of the ballots himself, except on one occasion when there was danger of some of them falling to the floor, he simply put out his hand to prevent the accident, which was in presence of all the members of the board; and there is no pretense that he removed any of the ballots. The witness, Guinn, testified that he could not say whether McCris- en was drunk or sober (p. 115). The witness, June, saw McCristen between three and four o'clock in the afternoon, on election day, and 755 thought he was too drunk then to attend to business, but did not observe or know that he had any business that day or how well he did it (p. 120). The witness, Deeseroth, thought MoCristen was " pretty full," the larger part of the afternoon, and observed Taylor assisting him in counting the ballots that night '(pp. 125-128). Taylor was one of the watchers but the witness does not state how or in what manner Tay- lor assisted McCristen in counting. The witness Bridget Moran testifies that McCristen was sober election day, but that he came to her saloon after the vote was can- vassed, and got a glass of ale at her bar, on his way down after the canvass was completed (pp. 104-110). The witness John Smith testified he thought McCristen- was sober (p. 178), and that Taylor merely watched McCristen counting his ballots, but did not count any ballots himself or handle them except when McCristen accidentally touched one of his piles with his sleeve, so that some of them came near falling off the table, Taylor saved them from falling (pp. 177-178). The witnesses thus far cited, were called on behalf of the contest- ant, and it will be observed that the weight of testimony even of these witnesses is against the charge, but the testimony offered on behalf of the' sitting member clearly disproves any irregularity whatever in the count or in the condition or conduct of the Demo- cratic inspector. Taylor, the watcher who overlooked the count of MoChristen (pp. 579-587), testified that he was perfectly sober (p. 583), and that his count, after the correction was made of one mistake as to one vote for Governor, was correct (pp. 581-583). Taylor also testifies that he had no part in handling the tickets, except on a single occasion he put his hand up and prevented the tickets from sliding off the table (p. 584), and that he simply overlooked the count of McChristen (p. 587). McChristen himself was sworn and examined as a witness (pp. 588-594). He testifies that he drank nothing during the day, except a single glass of ginger ale. and was perfectly sober (p. 598). He also testifies that his count was correct (p. 590), and. that Taylor did not count or handle any of the ballots (p. 592-593). Mr. Earle, who was a poll-clerk, also testifies that McChristen was perfectly sober (p. 595), and that Taylor did not handle the ballots, but simply watched or overlooked McChristen's count and corrected a mistake as to one vote for Governor, caused by his overlooking a split ticket (p. 596). 756 Mr. Poshay, the owner of the building where the polls were held, and who was there nearly all day (pp. 763-767), testifies that McChristen was " All right, straight and sober " (p. 764). Mr. White one of the other inspectors (pp. 772-783), testifies that McChristen " Was all right and perfectly sober " (p. 773), and that the voter were counted correctly by the inspectors (p. 779). Mr. Parrington, the third inspector (pp. 784-786), testified that he counted the votes correctly, as one of the inspectors (p. 786), and that McChristen was "Perfectly sober" (p. 785), although he made one mistake in counting the vote for Governor, which was corrected by Taylor (p. 785). Mr. Bannon, one of the ballot clerks (pp. 805-808), testifies that McChristen was sober (p. 806), and that the counting of the votes was all done by the inspectors, while being overlooked by the watch- ers (p. 806). (c.) First district of the third ward of Newburgh. The irregularity charged in this district is that the two poll clerks assisted the inspectors in counting the votes, and the counts of the ballot clerks were not verified by the inspectors. The contestant called Fisher, one of the Democratic watchers as a witness (pp. 423, 424), who testified that the votes were sepa- rated into five piles, one being assigned to each of the tBree inspectors and the two clerks for counting, and that none of the piles were recounted, that no objection was made to this course, and that they all concurred in the result which appeared to be all right, and the witness was satisfied that it was correct. This testimony was corroborated by the witness Samuels, the Democratic ballot clerk (pp. 445, 446), who testified that he counted one of the piles correctly, and that the general result appeared to be correct. This is all the testimony offered on behalf of the contestant. The witness Beggs, one of the inspectors, testified on behalf of the sitting member (pp. 815-819), that this course had always been pursued at prior elections in that district, the ballot clerks assisting in counting the votes (p. 816). But on this occasion the watchers of the opposite party closely observed each inspector and clerk while engaged in the count, and the gross results of the count agreed with the whole number of votes at the polls (pp. 816-818). He was satis- fied that the entire count was correct (p. 817), and that he counted his own pile correctly (p. 817). Another inspector, McDonald (pp. 819-820), testified that he counted his pile correctly, and that the whole count was correct, so far as he could ascertain or discover (p. 820). 757 The third inspector, Herrington (pp. 820, 821), also testified that he counted his pile correctly; and Johnson, the other ballot clerk, who assisted in counting the votes, it is admitted, was sick and unable to be present as a witness, and that he would swear he counted his pile correctly (p. 816). It is thus affirmatively proven by all the persons participating in the count that it was absolutely correct. {d.) Second district of the third ward of Newburgh. The same irregularity is charged in this district. The only witness called by the contestant, George Smith (pp. 183, 188, 189), testified that he was one of the poll clerks, and that the two clerks assisted the inspectors in counting the ballots, none of the counts being verified by the others, but that he counted his pile correctly (pp. 183-185), and that the general result was the same as usual in that district (p. 188). This statement was corroborated as to the manner of counting by Leslie, the other clerk, and by Chapman, the Democratic inspector, who were called as witnesses for the sitting member. Leslie testified (p. 769) that he counted his pile correctly, that all of the counts were open to the observation of the watchers (pp. 770-771), and that the result tallied with the poll-list (p. 772). Chapman testified (p. 804) that he counted his pile correctly, and that the practice of allowing the clerks to assist in the counting had always prevailed in that district (p. 805). (e.) Third district of the third ward of Newburgh. In this district the only Democratic inspector, Cameron, was called as a witness, who testified that all the votes were counted by the inspectors, each counting his own pile, which was not verified by the others. He counted his pile correctly, and the result was the same as usual in that district (pp. 189-190). Of course the legal presumption that the officers did their duty in the absence of other evidence is conclusive. But Cameron is contradicted in one material, particular by Moss, another inspector (pp. 883-885), who testified that Cameron did verify the counts of the other two inspectors, as he recounted each of their piles, although they did not verify his account (p. 883.) He further testified that he counted his pile correctly, and that the general result agreed with the poll-list (pp. 883-884), and that the watchers were all satisfied with the count of the inspectors (pp. 884-885.) » (/.) Fourth district of the first ward of Newburgh. In this district there is no dispute in any of the evidence, but that the inspectors counted the votes, and each inspector 758 verified the count of the others, but there is some conflict as to whether the two watchers did not also count a portion of the votes. It is immaterial whether they did or not, as it is undisputed that the inspectors also counted the votes. The contestant called three witnesses, two watchers and the Democratic inspector. Valentine, a Democratic watcher, testified (pp. 180-183), that the watchers assisted the inspectors in counting the votes, or that they recounted them sometimes before and sometimes after the inspectors had done so, that he participated in the count and counted his pile correctly, and the others did also as far as he knew (pp. 181-182). Vrooman, another watcher (pp. 372-373) testified that he saw some of the watchers counting the votes, but the inspectors also counted the same votes (p. 373). Sandsbury, the Democratic inspector (pp. 190-206) who voted for Lamont (p. 196), testifies that he did not see Valentine assist in counting the votes (p. 190), that the inspectors counted all the votes themselves (pp. 197, 198, 205 and 206), and that the count was correct (p. 201). This is corroborated by the other two inspectors. Topping and Hill, who were sworn on behalf of the sitting members. Topping testified (pp. 808-813), that the votes were counted by the inspectors alone (p. 108), and that they were not assisted by anyone (pp. 808, 809 and 813). Hill testified (pp. 813 and 814), that each inspector counted all the tickets himself and no one else counted the ballots (p. 814). The probability is that some of the watchers counted portions of the votes over again, after the inspectors had done so, for their own satis- faction, but whether they did so or not it is entirely immaterial, as there is no claim or proof that there Was any error in the count. {g.) First district of the town of Mamakating. The contestant called a single witness, Norbury, who was a ballot clerk in this district, and testified that the votes were counted by himself and the other ballot clerk alone, each clerk verifying the other's count, and that the inspectors did not count the votes. He testified that the count was correct and in accordance with the usual result in that district (p. 457-8). This man, for some inscrutable purpose, must have committed downright perjury, as he is flatly con- tradicted by all the other witnesses, including the Democratic inspec- tor, all of whom were called on behalf of the sitting member. Decker, th« Democratic inspector, testified that the ballots were all counted by the inspectors alone, each one verifying the count of the others, and found them all right, but the clerks did not count the votes (p. 803). He is fully corrobo- 159 rated by the testimony of Billings, the other clerk (pp. 867 and 868), and by both the other inspectors, Bell and Bennett (pp. 868-870). If these four witnesses tell the truth, there was no irregularity and the count was correct; but even if Norbury's statement be accepted, the count is also correct and no error resulted from the irregularity. The authorities all concur in holding that an irregularity of the elec- tion officers which does not affect the final result will not be regarded as a ground of contest or as a reason for invalidating the return. " Ignorance, inadvertence, mistake, or even intentional wrong on the part of the local officials should not be permitted to disfranchise a dis- trict." " The rules prescribed by the law for conducting an election are designed chiefly to afford an opportunity for the free and fair exercise of the elective franchise, io prevent illegal votes, and to ascertain with certainty the result. Generally such rules are directory, not mandatory, and a departure from the mode prescribed will not vitiate an election, if the irregularities do not deprive any legal voter of his vote, or admit an illegal vote, or cast uncertainty on the result, and has not been occasioned by the agency of the party seeking to derive a benefit from them." ' Paine on Elections, Sections 497-8, and cases cited. {h.) Eighth district (ward not named) of Port Jervis. In this district there were two Democratic inspectors and one Republican. Mead, one of the Democratic inspectors, was the only witness called by either party (pp. 306-307), and testified that the votes were counted by the inspectors, each counting his own pile, which was not verified or recounted by the others (pp. 306-307), and that he counted his pile correctly (p. 307), and that this practice had been the custom in this district (p. 309). Here, again, the legal presumption applies that each of the inspec- tors properly performed his official duties, and correctly counted the votes. (i) Similar irregularities in counting the votes in other election dis- tricis, which were controlled by Democrats, were shown on behalf of the sitting member. But in view of the legal r.ules to which we have adverted, we will not stop to revert to the evidence. The time and labor thus employed would be entirely wasted as there is nothing in this class of objections raised by the contestant. (2.) Electioneering within 150 feet of the polls. Some evidence was given tending to show that the Republican workers in several election districts electioneered for votes on the street or in an adjoining building within 150 feet of the polls. 760 The weight of evidence in nearly every instance was against the claim, as the aflSrmative testimony is merely a matter of surmise, none of the witnesses having heard any of the conversations between the workers and the persons whose votes are supposed to have been solicited, nor is there any proof identifying any particular voters as having been procured under such circumstances. We will, however, briefly refer to the evidence bearing on the sub- ject in the various districts. (a.) Fifth district of the first ward of Newburgh. The contestant called a witness by the name of Deeseroth who testified that he saw Odell, a Republican worker, meet parties and converse with them on the street within 150 feet of the polls, and accompany some of them to the polls, but heard no part of the con- versation between them (pp. 126-128). He further testified that he saw Eourke talk to voters and hand them pasters outside of the limit of 150 feet, but did not hear what he said to them, and he did not see Rourke and Odell meet and converse with each other, but some of the persons to whom Eourke handed pasters afterward talked to Odell within the limit (pp. 127, 128). Van Gorder, \.ho was called on behalf of the sitting member, testi- fied that he was at the polls nearly all day, and saw what was going on there, and that there was no electioneering within 150 feet of the polls (p. 719). The witness Cruger testified (p. 948) that he also was at the polls that day, and there was no electioneering within 150 feet of the polls to his knowledge. (6.) First district of the second ward of Newburgh. The following witnesses were sworn on behalf of the contestant: June testified that he saw Withers, Odell and others. Republicans, talking with people on the sidewalk in front of the place where the polls were held, and in front of the engine-house adjoining until they were ordered to go away by a police officer (pp. 120-121). He did not hear anything they said to each other (p. 122). Williams, another witness, also testified that he saw Withers and Odell within the statutory limit talking to persons on the street. He finally went across the street to them and remonstrated without effect and as he approached them heard a voter say that he would not vote the ticket, about which they seemed to be talking (pp. 313-317). Mahoney testified that he saw Odell and Withers talking to colored voters on the street within the pree^sribed limit, but he heard nothing that was said between them (p. 445). Odell and Withers were called as witnesses on behalf of the 761 sitting member, and Odell testified (pp. 597-599) that he was a regular watcher at the polls, and was inside the limit much of the time, but did no electioneering whatever (pp. 597-598), He distributed no pasters that day (p. 600). He and Withers, another watcher at the same poll, were talking with each other, and not with voters, when Williams interrupted them, and complained of their electioneering (p. 599). Withers also testified (pp. 601-609), that he did no electioneering within the prescribed limit, and was in conversation with Odell, no voters being present, when interrupted by Williams, who came across the street for that purpose and threatened them with arrest (pp. 601, 603 and 607). It is evident that the charge is based entirely on suspicion, and there is not a particle of proof that any votes were obtained or the result affected by any electioneering, if it occurred. (c.) First district of the third ward of Newburgh. Contestant called two witnesses, Baiser, the ex-convict, and a man by the name of Fisher. Baiser testified that he saw McBimey, a Bepublican, solicit vates within 150 feet of the polls, around the corner of an intersecting street, and out of view of the polls, and that he took voters into the Lawson hose house, which was the first or second building from the polls on the same street before reaching the corner (pp. 73-74), but he heard no conversation and states no fact concerning the action of McBimey. Fisher testifies that he observed Beidell talking to one or two men at the door of the engine-house (evidently the Lawson house) as they passed by, but could not hear what was said. He also observed McBimey at the same place, and complaint being made to a policeman, he ordered them away, and they thfen went around the corner of the intersecting ^street. The witness thought that the persons conversed with by Beidell and McBirney were purchasable voters (pp. 545-548). McBirney and Beidell, the persons thus implicated, gave their testimony on behalf of the sitting member as follows: McBirney testified (pp. 609-611) that there was no electioneering at that poll by anyone that day, whether inside or outside the statu- tory limit. His duty as a worker was merely to go for voters who had failed to appear, when the names of such absentees were given him for that purpose. , He was simply to bring in the absent voters (pp. 609 and 610). The class ot voters living in that district did not need electioneering (pp. 610 and 611). He was* outside of the limit all day (p. 611). 762 Reidell testified (pp.' 611-613) that he gave out no pasters, solic- ited no votes, and did no electioneering at all that day; that he was a member of the Lawson hose company, having its headquarters in the adjoining building, and was in and about there that day as usual, that compary being composed about equally of Democrajfcs and Republicans, many of whom of both parties were there during the day, and there was no electioneering on either side (pp. 612 and 13). (d.) Second district of the first ward of Newburgh. The contestant called as a witness Robert Hanna, who testified that he did nothing more than to give out a few pasters to voters, at the request of James Todd, who was a Republican worker. Hanna stood, however, outside of the limit of 150 feet from the polls (pp. 471-472). Some of the voters approaching him asked " if there was anything in it," and he told them he had nothing; and sometimes said that Mr. Todd might have something. From four to six of them he afterwards saw talking with Todd, who was stationed down the street near the other men who were Democratic workers. He had no arrangement whatever with Todd as to money matters for the payment of himself or of other voters. He also testified that he knew of no money being furnished or paid to any other voters (pp. 471, 783). This is all the testimony relating to this election district. (e.) Eighth district (no ward mentioned) of Port Jervis. The following testimony was given in behalf of the contestant. Mead testified that he saw Bonner, a Republican worker, give a paster ballot to a colored man and solicit votes during the day within the prescribed limits; hei " saw him talking with a number of men " (pp. 307-308). Martin, another witness, testified that he saw Bonner, within the limit talking with men, walking backwards and forwards, and heard him talking, but could not repeat anything that he said (pp. 397- 398). Pufther comment on this class of testimony is unnecessary. (/".) Town of Woodbury (no district named). The effort to prove by the witness Earle, that there was electioneer- ing in this district within the limit utterly failed (pp. 463-470). Two voters were merely informed that they had a right to assistance, if they were unable to read their tickets, and both of theta made the requisite affidavits. Tke witness testified that he saw nothing of the sort that is usually called electioneering (p. 46). {g.) Similar irregularities in electioneering within the statutory limit were proven in several instances by persons acting in the interest of the Democratic party. But we omit references in detail to the testimony, as we de6m it a mere waste of time 763 and labor in view of the well established rule that such acts of third persons, where they are not clearly shown to have affected the result of the particular poll, can not be considered except in passing on the propriety of receiving or rejecting the votes of particular per- sons. We content ourselves with the passing remark that if the com- mittee desire to dwell longer on this topic, they will find instances of more serious import and food for deeper reflection in the testimony of some of the witnesses called for the sitting member than in any of those abd^ve adverted to. (See the testimony of the following wit- nesses: Jeremiah E. Bonner [pp. 970-976], Daniel E. Condit [pp. 976-986]). {h.) Several other trivial irregularities have been charged against persons acting in the interest of the Eepublican party in several elec- tion districts, which we are unable to notice in detail because of the shortness of time allotted by the committee. We can only refer to them by name, — such as opening the ballot-boxes in one or two instances and removing tickets inadvertently dropped into them; which, however, was always done with the approval of the Democratic inspectors and officers in attendance; and also entering the booths with voters, which was only done where thfe requisite demand was made and the preliminary oath administered. Similar acts were proven against the other side in other districts. We have only time to add that all official acts of this character, even if they are technical violations of the statute or of the common law, will not be considered as affecting the validity of the election. Paine on Elections, Sees. 497-509. V. Recapitulation. Upon the evidence before the committee there can be no question of setting aside the return from, or rejecting the entire poll of any election district. This can never be done where the common law prevails, so long as the illegal votes can be traced and identified and the poll purged by their rejection or deduction from the proper party in whose favor they were cast at the election. " Where illegal votes have been cast the true rule is to purge the poll, by first proving for whom they were cast, and thus ascertain the real vote, but if this can not he done, then to exclude the poll altogether." Paine on Elections, Sec. 513. In this case there is no difficulty in that respect. All of the votes proven to be illegal on account of bribery or corruption or from any other cause upon either side, have been clearly identified and traced, so that the proper deductions can be made and the real vote ascer- 764 tained. The rule in England is governed by special statute, and has no application here. There are only nine voters proven to have been bribed, who veere members of the Sherman Club and voted the Kepublican ticket, unless the ridiculous hearsay testimony of Hasbrook be accepted as ■ conclusive, and in that case nineteen more would be added, making twenty-eight in all. There were sis members of the Chester Club who may be classified in the same category. There must be added eleven illegal Eepublican votes from the alms-house in Newburgh. But there were also sixteen illegal Demo- cratic votes cast from the alms-house in the same district. There can be no rejection of the voters mentioned by Warwick as purchased by Herman, even if his hearsay testimony be accepted because he does not name or identify a single voter. But if his state-, ment could be received as proof it would only add thirty-three or thirty-four votes to the tainted Republican list. If we allow all the hearsay testimony concerning bribery in Port Jervis, there are only two purchased voters who can be charged to the Eepublican ticket, Edward Gleason and Lorenzo Odell, all the the others having in fact cast their votes for the Democratic ticket. And if all the other members of the Sherman and Chester clubs were added, it could not amount to 200 votes in the aggregate, to be deducted from Mr. Richardson's official majority of 605. But we have sixteen voters from the alms-house in Newburgh, two in the town of Monroe, and three more in the town of Goshen, all of whom have been identified by name — twenty-one in all, saying noth- ing of as many more whose names were not given, which must for the same cause be deducted from the Democratic column. If, however, the revolutionary method should be attempted of throwing out the entire polls in those election districts in which voters are shown to have been bribed, the case of the contestant will not be much improved. In that view it will be necessary to clearly identify the district in every instance, which the contestants, as we have shown, have failed to do. And in that view we should present on behalf of the sitting member the following additional reductions from the Democratic column of the contestant: Lamont's plurality. First district of Monroe 18 Second district of Monroe 48 Fifth district of Goshen 23 765 But we will not asBume that a constitutional tribunal will resort under any circumstances to such an extreme measure. It can not turn out the sitting member unless the balance of illegal votes against him is sufficient to overcome his official majority. " It is no objection to an election, that illegal votes were received, unless the illegal votes changed the majority. The mere fact of their e^stence never avoids an election. This is so plain a proposition that it needs no authority to support it. It is the principle adopted and acted upon in all cases of contested elections, whether in the British Parliament, the Congress of the United States, the Legislature of this or any other of the United States. The burden of proof too is always upon the persons contesting the election." Sudbury v. Stearns, 21 Pick., 148, 154r-5. The foregoing decision was made before the recent act of Parlia- ment was passed, but is still the law of this State and other States where the rule has not been changed by statute. Ex parte Murphy, 7 Cow., 153. The simple question is, in such a controversy, who received the most legal votes. People v. Pease, 27 N. Y., 45, The certificate of election is prima faxAe evidence of the election of the sitting member, and the burden of proof is on the contestant to overthrow it. People V. Thatcher, 55 N. Y., 525. People V. Cook, 8 N. Y., 68. I VI. The objection made to the return from certain election 'districts, in view of the facts proven in several instances and finally admitted to exist in all cases, is too trivial to require extended notice. It is a conceded fact that the " apparent discrepancy appearing upon the face of the returns in evidence is due to the failure on the part of the inspectors to attach to the returns, split tickets in each and every instance, and that the difEerence between the returns of the straight tickets and the votes cast for the respective candidates for senator, arise in the difference of opinion entertained by inspectors, as to what is a straight ticket, and the trimmed ballots arises from the trimming of the official ballots and not that the official ballots were smaller than the law required " (p. 969). Besides, in every instance the body of the return sets forth the entire vote for each candidate correctly, and 766 ■' '-f: the discrepancy arises solely from the figures attached to the sample-' ballots annexed to the return, and in such a case it has recently been decided by the Court of Appeals that the statement in the body of the return must control. The duties of tjie inspectors as to the sample ballot* are merely directory. People ex rel Noyes v. Canvassers of Chemung, ' • 126N. Y.,'392. The petition of the contestant should be dismissed and the election of the sitting member confirmed. E. COUNTEYMAN, > M. H. HIESCHBERG, W. F. O'NEIL, Of Counsel for Sitting Member.