D ^^. ■ n CSC 4 «li NREGI 6 ^m ^ ■ b ■^ ■ sB 5 AR b ^^S!S U 3 1 1 NE.V YOHK (3TAT3) COURT OF CYilR hITD T/:;^^CIII2?^ Report and testimony from Grand Jury, Oyer and Terminer, Nov, -Dec, \' 6P^ concerning election irregularities. f CaUfornia Regional Faci.Uty -' '\ V '• z^^tl REPORT AND TESTIMONY FROM GRAND JURY, Oyer and Terminer, Nov.— Dec, 1868, CONCERNING Election Irregularities. PUBLISHED PURSUANT TO THE STATUTE IN SUCH CASE MADE AND PROVIDED. PRINTED BY THK NRW YORK TRINTING COMPANY, 81, 83, AND 85 Centre Strekt. 18G9. -^^l^b^ COURT OF OYER AND TERMINER. Gkand-Juky Room, ) JSovember 17, 1S68. \ Jicsolved, That the Secretary be directed, to prepare the evidence given before this Grand Incpiest relative to the allegations of frauds at the late elections, and also the e\i- dence gi\en relative to the Citizens' Association, that an embodiment of the salient points therein may be entered upon the book of mhiutes for future reference and possi- bly publication. REPORT (tr AND- Jury Room, ] December 8, 1y the testimony of Theodore Allen they were, to select through a partizan Committee in connection with the Board of Police, Inspectors and Canvassei's. * * -X- * -K- * * * * -Sf * * * * [A portion of the Memorial which relates to the Citi- zens' Association is here, for the purposes of this pamphlet, omitted.] 6 The Grand Jmy are of opinion that the M'holesale alle- gations in respect to frands at the recent election are man- ifestly nnfonnded. Tliis particnlarlj appears when we con- sider that the whole police force of the city, political com- mittees, largely interested in detecting frands, and the In. spectors, Canvassers, and Poll-clei'ks at each poll being- zealous and careful men, were eacli and all exercising the utmost vigilance in respect to frauds, and yet none have been brought to the notice of the Grand Jury, except those which ordinarily arise in any excited political contest, and which are comparatively trivial. It will appear from the minutes of the Grand Jury and the testimony taken, that the Grand Jury, taking notice of the popular public rumors made by tlie successful partv at the recent Presidential election against their opponents of fraud, deemed it advisable to investigate whether the parties making these wholesale charges were themselves capable of coming into Court wn'tli clean hands. With what result, tlie testimony itself wdll make apparent. In accordance with tlie statute, the Grand Jury direct that this their report, which of course is only advisory and for the purpose of information, together with the testi- mony stenographically taken, and all together forming the minutes of the Grand Jury, be filed with tlie District At- torney, to be or not to be made public, as in tlie discretion given him l)y the statute he may elect. CHAKLES II. IIASWELL, Foi'eman. JOSEPH II. TOOKEP, Secretary. NovEJOBKR 13, 1868. JU>iob'td^ That the Grand Jurv, having had before it jnany complaints for illegal voting, and illegal registering by individuals, and having ordered bills on some, deem it expedient to investigate into the alleged financial induce- ments to such offences; and, being informed by public rumor and by some of the members present, that exces- sively large sums of money have been raised in this County for election purposes, one individual claiming to have sub- scribed ^20,000, and another, §40,000 for such purposes, order the District Attorney to subpoena such witnesses as he may, on conference with this body, deem advisable, for Tuesday morning, the 13tli inst. By order of the Grand Jury, the papers herewith at- tached, relating to the contumacy of Edwin D. Morgan, a subpa'uaed witness, were ordered entered on the minutes, November 17, 1868. SUBFCENA FOK A W1T^'ESS TO ATTEXD THE GEAXD Jl'KY OF THE COURT OF OYER A>'D TERMI>'ER. The Peojyle of the State of JS^ew York : To Edwin D. Morgan, corner of Thirly-seventh street and Eif th avenue — Greeting : We command you, that, all business and excuses ceas- ing, you appear, in your proper person, at the Grand- Jury room, in the basement of the Sessions building, adjoining the Eotunda, in the Park, in the City of Xew York, on Friday, the 13th day of November, instant, at the hour of eleven in the forenoon of the same day, to testify the truth, and give evidence before the Grand Jmy, touch- ing a certain complaint then and there pending against Daniel E, Sickles, for frauds against the elective franchise, and this yon are not to omit, nnder the penalty of two hundred and fifty dollars. Witness, the Hon. George G. Barnard, Justice of our said Court, at the City Hall, in our said city, the first Monday of November, in the year of our Lord 1868. A. OAKEY HALL, District Attorney. State of New YorJc^ City and County of New York, ss : John White, of the said city, Leing duly sworn, deposes and says : That on Friday, the 13th day of November, in- stant, he served a copy of the annexed subpoena upon Ed- win D. Morgan, at liis residence, corner of Thirty-seventh street and Fiftli avenue, at about 9.30 a. m., by delivering the same to hina in person. Further deponent saith not. JOHN WHITE. Sworn to before me, this — day ] of November, 1868. f J, Spakks, Notary Public. TESTIMONY. FraDAV, NoveialKT 13, 18GS. Alexanukk T. Stkwakt, swoni and cxaiuined, testified as follows : Foreman — Mr. Stewart, the Court specially eailtMl the attention of tliis (Jrand Jury on the matter (d" election frauds, and the District Attorney also, and under their direction they have sul)j)(enaed several parties, and re(piested the jury to take such action as they see tit on a certain order. Did you suljseribe any moneys to or collect any for apolit- ical committee in the City of New York during^he recent election canvass ? Q. Did you sul)scril)e any moneys to any political partv ? A. Yes, sir. Q. IIow much ? A. I should be pleased to ask a rpiestion, if I am per- mitted, of the jury. I anisubpoMuied here by the subpo'ua to give evidence in relation to frauds committed 1)y Daniel K. Sickles. I would be }»leased to know whether the Court or Jury have a right to g(j into any matter than that for which I have been subpcenaed. I have nothing to conceal, and am willing to tell you everything that I have done in every way, but I merely ask whether legally you have a right to go beyond that for which I have been subpoenaed here this morniuii;. 10 Foreman : Q. I did not exactly understand your reply. Did I un- derstand that you. questioned tlie right of the jury ? xi. I have nothing to conceal as to anything I personally have done, either with Sickles or any li\ ing man ; but I am subpoenaed here to give evidence in relation to a cer- tain matter. Caw you by an easy track tra\el beyond that? I want the jury to decide that. I do not object to giving evidence, but I merely wish the question put. I hope the jury understand it. [The witness allowed to withdraw.] Marsuall O. lioBEKTS, swom and examined : Q. Do you know of any money having been given to Daniel E. Sickles for election purposes ? ^1. I do not. Q. Did you subscribe any moneys for election purposes at the late canvass ? A. In relation to Mr. Sickles ? Q. No, sir ; generally 'i A. Is that the subject for which I am subp(x'naed here ? Q. Did you subscribe any money to any political com- mittee during the late canvass ? A. I liave no ol)jection to answer it ; but as a nuxtter of principle I decline. Q. You understand that Mr. Sickles is charged with expending large sums of money, and the inference is rea- sonable that some one must ha\e given it to him ? A. I have never given him any money, nor anybody for him ; he never received any money of mine under any circumstances, at any time. Q. Did you subscribe any moneys for the last election, and if so, how much ? A. I do not recollect. Q. Did you subscribe any for fraudulent purposes ? A. None whatever — none of my money was so used. Q. You do not recollect that you have ever subscribed auy ? 11 A. I did not subscribe any ; subscribing is putting your name on paper. I Q. You know sending a check is giving a sul)scrIption ? A. I made no memorandum of it. Q. ITow much money did you pay? A. I sliould think §500. It is impossible for me to say now — I don't remember — probably more. Q. Did you subscribe as much as *>5jfiO() ? A. I cannot remember. Q. Did you subscribe as much as $10,000 ? A. I do not recollect that — I nn'ght perhaps. Q. Did you subscribe as much as $2<>/)00? A. I do not recollect. Q. If yon had subscribed more than $10,000, and less than $20,000, do you think you could have recollected ? A. Well, I should think pro1)ably I might; I have a faint idi'a it was over five hundred dollars. Q. Do you swear positively that it was less tlian five thousand ( A. Xo. It was for tickets and printing bills. Q. Did they present you any of those bills? ^I. Some of them were sent to me. I suppose I shall see the bills pretty soon. Q. Did you have charge of the printing? ^1. I did not; T tliiiik it i^^ very unroaa:ave him mouev. 12 Q. Ton refer to your contributions to C'liarital)le pur- poses generall}' ? A. Yes, sir. Q. I am not spealving of charitable contributions ; I am speaking about political ? . A. I never gave Sickles a cent of money, and be has never asked me. Q. Did the State Central Committee assess you % A. No, sir, never. Q. Did you subscribe to the Executive Committee of the State ? A. No, not at all. Q. Did you send the Executive Committee of the State a check ? A. I did. Q. Do you kno^v the amount of the check ? A. My impression is — I will tell you, but I do not think you have a right to ask — I speiit two thousand dollars for printing purposes. The first moment I could not tell, but my mind has been brought to the subject. They did not assess me ; I sent them two thousand dol- lars. Q. For what purpose did you suppose this two tliousand dollars would be spent ? A, For printing ; I thought it was fair and right. Q. Did you send other checks ? A. No, sir. Q. You drew no other checks for election purposes ? A. I do not recollect that I did. Q. All tlie money you subscril)ed was two thousand dollars? A. I did not say that. I recollect one single instance ; I may have contributed to Wards through the city ; they used to come to me from the Fii-st and Eighteenth Wards. Q. Did you subscribe to an organization in the Eighteenth Ward ? A. I do ]iot remember. 13 Q. Did you suLscriljC to any individuals wlio wcro can- didates before the people in tliis oonnty ? A. I do not think I did. MATTnEw T. ]>KENNAN, swoiMi uud oxaiiiincd : Q. Did yon ever see these 1)Ooks, or similar hooks before ^ A. Never. Q. Do I nnderstand yon, as Police Commissioner, you are prepared to say that you nevei- saw these books in your office ? A. Never. Q. Do you kno^\• whether the Police Connnissioners paid for those l)Ooks — a number of them? ^•1. Tlie Police Board pays for a considerable innubcr of l.)ooks, but none ordered for that purpose. Q. You do not recoii'nize these books i' A. No, sir. Q. Yon, as a Police Connnissioner, as one of the Com- missioners, never acted with your associates in ordering these books ? * A. No, sir. Q. Are those books similar to tlic books used in the Police Department ? A. The registry -books that we ordei-ed fi'om the stationei- are of larger size than that. Q. Yon, of your own knowledge, do not know that books of this size had been ordered, and no apjilicatiou had been made to yon l)y stdxtrdinates:! .1. T understand books were ordered l>y tlic Supci'in- tendent, that 1 would not pay for, used for jirivate pur- poses. Q. Has the Superintendent authority to ordei' t1ie books { A. No, sir; they always do it on a requisition. Q. No rerpiisition wa< madi- for tliose books ^ A. No, sir. Q. Were those boohs ore any large amount— amounting to 85Ci(), or $1,000, or $5,0urposes. Q. How much '. A. Allow me to ask if that is not going into my ])rivate affairs i I am perfectly willing to answer, but I do not think it is a fair question. In fact I could not tell you ; I subscribed so much I would have to look over my cash- book to see what it was. Q. Who received your money i Who acted as treasu- rer ? .1. I acted as treasurer, myself, of that Committee. Q. What was the lai'gest sum you ever dispensed at one time ^ A: Well, now, 1 am entii-ely willing to answer these questions ; but I do not see that it applies to Gen. Sickles, on which sul)ject I am snbpoMiaed. Q. I ask you this question, and you decline to answer. I now ask yon to whom that money was paid? A. 1 am perfectly willing to answer, and I will answer it. if you say you have a right to ask it. The largest sum I paid, at one time, was two thousand dollars; it was for counsel fees. Q. To whom ? A. James T. Brady. Q. As treasurer of the fund, how much money did you receive ( A. I was only treasurer of the fi-aud fund. Q. As I understood you, the moneys }ou subscribed 4 26 were not for the purpose of obtaining fraudulent votes, but for the prevention of them ? A. Yes, sir, so far as my knowledge is concerned, noth- ing was used but to prevent frauds and to man the polls. Q. Have jon any objection to state how much you gave ? A. I believe the whole amount did not exceed twelve thousand, the amount that was paid to clerks by the com- mittee. Testimony of Jonx A. Kennedy [taken by foreman — Stenographer absent] : Recognized the books submitted to him ; they are records of the inhabitants of the city, entitled to vote, as deter- mined by the officers inquiring at residences ; their cus- tody is the Police Headquarters ; does not know of these, or like books, having been taken to the Fifth Avenue Hotel ; has no knowledge of any such proceeding ; does not recognize the marks / and x, and does not know who made them ; is a member of the Loyal League Club ; has not attended any political canvasses or committees during the recent canvass ; lias not any direct evidence which will establish frauds during the recent election ; there were two inspectors and one canvasser, of each political party, at each of the late election polls ; the police and the public were urged to vigilance, against frauds at the re- cent election ; does not know how the arrests for frauds, at the late election, would compare with prior elections ; did give orders to hurry up the canvass, in some cases, wlien canvassers were dilatory. Testimony of D. B. Hasbkoitok [taken by foreman — Stenographer absent] : Inspectors of Registry are appointed b}' Police Com- missioners ; removals are made in like manner ; there were many changes of inspectors at late election ; does not re- cognize the books submitted to him. The registry-books. 27 deposited in his bureau, have not been lent or parted witli to his knowledcre. Monday, November 10, 1^68. Judge Bosworth, sworn and examined : The books were not ordered by the Board. There M-ere books, many of different sizes and some in that form, filed with the Clerk. What was done with them afterwards, or what use was made of them, I know not. Q. These books Mere not ordered under a re(iuisition or direction of the Board of Commis?^ioners '. A. Not at any meeting at wliich I was present or of which I have knowledge. Q. Have they been paid for, or ordered to be paid i A. Not by any order of which I have any knowledge. Q. Would you, as a memljer of the P/'0 and con whether I woidd have any- thing to do with it. I could liardly tell how I would vote until I would hear all that was to be said. By District Attorney — Q. Judge, assuming that it should be in evidence that these books were taken at night fi-om the Police Head- quarters to the rooms of a poHtical Committee, would that be an act coming within the scope of the Police I A. I am not aware, at present, of any rule or order that should make it proper to go to any such ]ilace. Q. Is there any rule or usage in the Department requir- ing books and papers, that belong to the De})artment, to remain on file for record ? A. They are to remain there, as I understand it. Q. Is there any rule, of the Police De})artnH'nt. wlu'ch 28 forbids the wearing of a political badge by any officer of the Department? A. Xot as I remember. I wonld not want to answer abont tliat more than I wonld as to certain things in the Statnte. Our rules are against officers taking part in a political meeting. As I understand the matter, the thing svonld be censured at once, if it was discovered, for the reason that it would tend to demoralize the force. Q, Do I understand that books similar to these, in ap- pearance, were the property of the Police Commissioners ? A. I said that was a nice question ; if these books had been bought with police funds and paid for on general principles, I should say they ought to belong to the Police Department as representmg the city and county. Q. Were they paid for ? A. I cannot tell you ; I am not treasurer ; I do not know howtliey got in thei'e; liesides those books tliere are (piite a number of books about the size of bank pass-books whicli were, })robably, oi'iginally memorandum books. Those books have in tlie front of them a diagram of a block, or a part of a V)lock. I wish to be permitted to say, in behalf of i\Ir. Acton, tliat he is not really in a condition that he ought to be asked to come here to-day. Moses II. Grln'xell, sworn and examined, testified as follows : [The District Attorney read the resolution passed by the grand jury requesting him to conduct the examination of witnesses.] Q. Mr. Grinnell, were you treasurer of any political fund during the last election ? A. I was the Treasurer for the Boys in Blue. Q. Did you, at any time, ask Mr. Stewart for any por- tion of the sum of $20,000, said to be subscribed by J udge Pierrepont ? A. No, sii-; I never asked him for any portion of it. Q. Did you have any communication with him or Judge Hilton about it ? 29 A. Not speciall}' in regard to that sum or any other,^ Q. During the late canvass, how much money j)assed througli your hands as treasurer of a pohtical fund i A. I suppose I })aid something Hke eight or nine thou- sand dollars for the Boys in Blue, for their dress and out- fit — the most of it was for that purpose. Q. Does that comprise all the amounts that were paid out by you in any capacity duriug the last canvass ? A. I paid out in my own individual capacity donations frequently to the different connnittees, foi- the purpose of defraying the expenses of the election. 1 paid generally when I was called uixjn. Q. Did you have any conversation with Judge Pierre- pont in relation to his suhsci-iption of twenty thousand dollars ? A. No. sir. Q. Are you accpiainted with Hamilton Harris i A. I know him, sir. Q. How much money during the late canvass did you collect for political purposes altogether ? A. I do not know how much ; I gave freely myself and collected all I conld, and whatever I recei\ed I paid over to different committees. Q. Can you gi\e any approximate idea of the maximum ? A. Probal)ly I paid eight or ten thousand dollars my- self to the different committees. Q. Those moneys were collected in this County, were they not ? A. Some in this County and some elsewhere. Q. Eight or ten thousand dollars, your own individual subscription i A. Money has been remitted to me, from through the State and from other States, in very small sums, for the Boys ill Blue. Q. Were you in the Fifth Avenue Hotel at any time when the books of registry were there ? A. No, sir ; I do not know when they were there ; I never was there, to my knowledge, when tlie books were there, nor did I ever hear a rumor that thev were there. 30 Q. Of the moneys which you collected, and Avhich were handed over to the committees, and which you paid your- self, was any portion of that to be used for improper pur- poses in the election 'I A. Not to my knowledge. Q. Do you know of any illegal or fraudulent votes hav- ina: been cast at the last election ? A. I know nothing, only by rumor in the newspapers ; of my own knowledge, 1 know nothing of it. By District Attoexey — I desire to serve the grand-jury with evidence furnish- ed of two subpoenas being sent to Senator Morgan. John II. AN^hite, sworn and examined, testified as follows : Q. Mr. White, have you any personal knowledge of any police directory books of election districts having been be- fore a political committee that met at the Fifth Avenue Hotel ? A. I do not know what l>ooks you refer to ; that com- mittee had books there. Q. Were they books of that character? [Books shown.] A. No, sir ; the books that I refer to were wider — regu- lar registry -books — books that are used by registers on elec- tion day. We had a quantity of those and smaller books. Q. Look inside of them and see if vou recognize books like that. Did you have occasion to inspect any books like these? A. No, sir, I did not. Q. You do not know of any having been there ? A. The matter of books was not specially under my charge ; it was only incidental so far as I was concerned. Q. Who had charge of this ? A. I think George Bliss, Jr., had more charge of the books, although the books I speak of, what we call the registry and challenge book, was frequently in my hands, and Igase some directions ; all those were books we made up ourselves. Q. Did you have before your political Committee any books belonging to the public ? 31 A. ?sot that I am aware of. Q. Did you have any registiy-books ? A. Our registry-books were made up from copies that were taken from the original books of tlie inspectors. Q. Who bought those books — larger than that? A. We bouglit them. Q. Was there not a copy of tlie registry-books before your Committee ? A. No, sir ; we had registers that took a copy of the names registered on each election day, usually on slips of paper, of such a district; these names wouhl be handed in and transcribed into l)ooks that we purchased. Q. The official registers furnished the names i A. Yes, sir; they did some, and some were hung up iif the public places wliere we could examine them. Q. But books like those you never saw? A. No, sir. Q. I officially observe, and I believe the grand jury also, that you have the lionor to be on a Committee for in- vestigating into election frauds and irregularities. If you have any evidence which, as a lawyer, you regard of a practical and original character, I should be officially very much o])liged if you would furnish me with it, if yon have any such evidence now ? A. I can say that during the i)rogress of the investiga- tions, as a member of that Committee, we found a great many things that led us to l)elieve that there were frauds being perpetrated in the way of large quantities of false naturali>^ation papers and illegal registration, more or less of which papers are in the possession of myself and others — the matters that you refer to now. It was deemed ex- pedient by those who desired to have the subject investi- gated to have a Committee appointed. I am an ornamen- tal member of that Committee. I have not yet anything to do with it, but probal)ly shall have. Q. At this time are you not cognizant of what we hiw- yers call original evidence ? A. Well, sir, what I liave in my possession, the docu- ments and papers, if they are truthful, show a good many 32 frauds. Parties that say they iie\'er went to court ; a good many papers have been surrendered and some books that we have got that liave been used by repeaters, going about putting their names in various districts ; we have got their names, and found by comparing these names on the regis- ters, that they have been registered. Q. Have you any persons that you can trace, as respon- sible for the possession of these repeating-books ? A . I think so ; I think we can reach parties. Q. Have any of these been arrested '^ A. I think one or two have been indicted in the United States District Court ; I have been so informed. Thei-e was on the last day of registration some repeaters, over in *the Seventh and Tenth Wards, that went ronnd register- ing ; eight of them were arrested ; we have got their books ; they were discharged that very evening, upon a writ of habeas corpus issued by Judge Barnard ; I don't know wlio tlie parties are, or where they belonged. Q. Tlie books were taken from them that you have ? A. Tliey had books with • them, — admitted that they were their books. Q. We should be very happy, if your Committee think it consistent ^vith their duty to furnish us with any of tliat evidence, if they would do so ? A. I say that the Committee liave not progressed very much ; I do not know how it will ultimate ; it would not inake any personal difference with me. We think we can show that frauds were being pei'petrated which require some additional legislation. I should be very -willing, in- deed, to communicate with the District Attorney, when we get information, that I think may be valuable to him. From the books and documents we have, many of the facts have been shown. I saM^ some parties this morning (and I think we are not misguided) who obtained papers, and had been arrested. I recommended their discharge because I did not thiidv they had the intent. I thought they had been tools ; they were before Commissioner Osborn. I received a letter on Saturday, from a man up in Dutchess County, in which he stated he employed sixty 33 men, and tliev all liad i-ecelved their iiatiimlizatic»n papei's, dated the I'Jth of October, 1>)08, issued in the Citv and County of New York, and not one of the men came to the I'ity; he kept a pay-roll and knew they had not left their jthiccs. Another man, in llaver.straw, states he employs thii'ty men, all of whom received their papers, and none of tlicm had hcen to the city or taken an oatli. This is the nature of s(»meof the fi'auds we are investio-atin^, and they come in fr(jm all directions. Some papers are sent to us that have Ijeen surrendered. Q. Did they vote in the City of Xew Y(»rk ? A. No, sir. Q. The ol)ject of your committee's investigation is rather more for the purpose of procuring evidence in respect to enforcing additional legislation than to prosecute parties ? A. That is the S(de object, so far as I am concerned. I can say frankly I do not think the connnittee can attain any object in contesting the late election. Q. After your connnittee has discharged its functions, if y(ju have any evidence, if you will have the goodness to furnish it to the authorities, we will act ujK>n it. A. I should be happy to do it. Q. Do you know of your committee iiaving jiassed a j'es«»latii>n reipiiring the lie[)ublican Iiegisters to l>ring tlie registry-books at the close of each day to the Fifth Ave- nue Hotel '. A. Xo, sir; I had that whole matter in charge. Q. Tiie organization did not \ A. No such resolution passed. Q. It was sworn to l)y Mr. ]\Iuri>hy ^ A. Mr. Murphy is mistaken. Mr. Murphy does not know anvthing about that matter. In the iirst place the Iie[)ublican inspectors, or those supposed to be Republican inspectoi-s, were invited to meet at Iloom No. 15, or a public room across the way, for the pui-pose of being instructed in their duties. That was before any registration took place at all. It so happened I went over and gave them such instructions that the exigencies of the case demanded. The rci luivlng been ordered by mvself. were like these. SQ Q. I mean books containing like entries to tliose wliicli you saw at Police Headquarters ? A. I liave no means of distinguishing the different entries ; each contained names under the number of the street. Q. Ol^tained apart from the register ? A. I do not kno-u' how they were obtained. Q. The l)ooks you saw were not registry books ? A. Xo, sir. Q. It was merely an election directory ? A. I saw, at Police Headquarters, books similar to that which you showed me, which were copies of the police records. Q. Did your Connnittee have any copies, or order any copies, made of the Police Directory or police record, tliat you liave just been speaking of? ^4. I undertook to get copies of the police records. Q. IlaN'e 3'ou any knowledge of those copies being taken from the Police Headquarters ? A. The copies that I procured were, I thiuk, some of them taken from Police Headquarters. Q. AVere they taken of an e\"ening, in a carriage, do you know ? ^•1. I ha\-e no knowledge that any were so taken ; I do Udt thiuk any wei-e ever so taken. Q. If any l)ooks M'ere so taken of an evening, from the Police Headquarters to the Fifth Avenue, it was not with your knowledge? A. No, sir; I speak with tlie greatest confidence when I say tliat no books were taken to Eoom Xo. 15. They may ha\e been taken somewhere else. Q. Are you able to tell wliat handwriting is in this book here — the handwriting of any persons eniploj^ed l)y you ? A. Xo, sir; I have seen that handwriting, but I cannot say where. This handwriting, I do not remember ever to have seen ; I liad some eighty clerks employed ; it is im- possible f(>r me to identify the handwriting. Q. Do you know anything about marks l)cing made in these bodks, with blue pencil ? S7 A. I do know of marks l^cinij made in some l)Ooks. Q. AVho made those mai'ks { ^1. I cannot tell you. Q. You do not recognize, either of these hooks, as ever having been personally submitted to you ? A. No, sir ; I do not. Q. These books liave a blue mark — would that liel]) you to any identification. A. Tliey might have tlic l>hic iiiark>, and 1 never liave seen tliem. Q. Did you liave l)cfore you, at any time, any of the books of registry of the City of Xew I'ork ? A. T had copies of the registry. (J. AVho furnislied those copies ? A. Copies were furnished in some cases by inspectors themselves, and in other ca^es by persons whom I sent to copy tlie register. Q. 1 1)elieve yon assisted Judge James on the day of election at the ^Metropolitan Hotel, Mr. Tiliss, or acted in liis behalf ( A, No, sir; 1 saw Judge Jame> with a nmnber of other gentlemen. Q. Did ynu not follow up any conijilaint !! A. I did, sir. Q. Do you remember of a haljeaf< corpus l)eing issued by Judge James ; have you any perj^onal knowledge of that — an inspector under ai'ivst i A. ^'es, sir. Q. Was the Jiaheas corj)Us issued Avhile the insjiector was actually under arrest before him '. A. ]\Iy recollection i- that it was not — in fact 1 am very sure. Q. lie was brought thei'e under a Jmheas corpus I A. Yes, sir. Q. Tie was discharged, was he not ? A. lie was. Q. Do yon rememl»er whether any notice of the issue of that latlteiijt corjius was given to the District Attorney? Q. I do not know anything about that. In reference 38 to that I tliink I filled out the petition at the request of the gentlemen who eanie tliere. Q. The party was brought before Judge James and on the hearing dischai-ged ? A. Yes, sir. Q. Yon were there ? A. Yes, sh-; I was there at the time Judge James ex- pressed the opinion that an infamous outrage had been committed upon him. Q. What was the attorney's name signed to the writ of hahms corpus ? A. Henry Hilton. Q. You have no personal knowledge as to whether or no a notice was or was not served upon the District At- torney 'i A. I know nothing about it. Q. AVHiere you present when Judge James heard the case ? A, I was, sir. Q. Do you know whether there was anybody there to represent the people i A. I cannot tell you ; there were a considerable num- ber of persons. Q. I mean any oihcials of the county ? A. Tiiere was a gentleman there whom I suppose did, l)ut I d(» not ]ir ; I. di; not. (^. \X aiiv rate tliere was n[iosed he rep- resented the District Attorney. He came in, apparently, acting with a view of having the man detaine(L Q. Well, the party under arrest, and who wa.> dis- charged, M'as an inspector, -was he not '. A. It was so stated, and the returns showed a conunit- ment of hiui by two of his fellow inspectors. Q. Do you know, wliether the two who connnitted him, Avere of an opposite political faith to the one Avho was committed :' A. I kn<;w nothing about that ; it was so stated at the time. Q. The statement was made that the party, who was befoi-e Judge James, was of the same political faith of Judge James \ A. ^'o, sir; personally, I do not know; \)\ I'eputation, 1 did not know that J. S. Urmy was a repuljlican, at any rate. I may say, when the huhrni^ was applied foi", it was not till ihe return was made that Judge Hilton, or any body had any idea under what process he liail l»een com- mitted ; he supposed he had been arrested by a deputy sheriff, without [)rocess. Some time prior to the election, I learned that ^Ii*. Kennedy had made what was called a census of the City; I learned that through the news- papers. 1 asked the Preveatin'::; or detecting frauds in the i-egistrati(.>n. I was tohl that that was a matter that could not then l)e 40 answered. Subsequently, I was t(jl(l tliat the original books liad been directed to remain in the Police Head- quarters, and not to _i;-o out. I then asked if I was at liberty to see them. I was told that, like all the records of the City, unless tliere was some particular reason, they were open to my inspection. I sat d(jwn in the office and examined some of them. 1 tlien nitide the remark that, being public records, I supposed I had a right to copy them. I immediately took means to have copies made of them, and I found that, as to some of them, copies had already been made. Q. By whom were the cojties nuide '. A. They were made by clerks whom 1 employed. I employed clerks, and paid them to make tlicni in the Police Headquarters. There Averc some clerks mIio were there whom I induced to stay over hours and make them, but I also got clerks from outside. Q. Those books that had been copied, you did not liave any additional copies made, but used those copies, and these were loaned to you i A. Nobody loaned them to me; I asked if those books were puljlic and I was told that they were not — that they were private property — that the pass books were the pul)- lic books. I took then and used them, such as you have got there. Tiiose checks M'ere all made at headquarters ; that is my impression, I would not l)e certain. Q. Do you know the sigiiilication of those cliecks I A. I dJ. Q. What does the cross mean i A. A plain check means that a person similar to that, or a name precisely like it, had registered ; the cross means that a person of a similar name had registered, and probably it was the same person. For instance, you would find John Wagner, who had registered, and James Wagner would appear on the police record. Q. When did you order those books i A. It is impossible for me to telL I shuuld think it was the same dav that I first saw a book of tlic same kind. 41 I think the .same day I i\i-6t ?-aw one uf the original pass- l)0()ks, and also one of those books similar to that Mr. Hall has in his hand. Q. AVas it before the registry commenced ? A. O yes, sir ; your suggestion enables me to say it \vas probably the week previous to the first registration ; I should think, perhaps, the "Wednesday ; I know I hurried them up to have tlicm ready before the registry com- menced. Q. You say you had eighty clerks employed i A. Yes, sir. ' Q. Did you }»ay them individually out of your own pocket, or did you pay them out of funds furnished by a political organization ? A. I paid them. Q, Did you pay them as an indi\ idual i A. I decline to answer the question on the ground that I am brought here on a subpcena as to election irregulari- ties ; you ]iave no right to go into this matter. Q. For what purpose had you copies taken ? A. For the purpose of taking means to prevent illegal voting. Q. And no other object ? * A. No other object — illegal registration and voting. Q. Did you order those books yourself ? A. 1 did sir. Q. Yi-om Mr. Kogers ? A. From Mr. Rogers — the books which I had seen, he had a previous order for these, from somebody. Q, How much money did you pay out ? A. I decline to answer. Q. Which was the most numerous, the books that you had copied by your own clerks or those which you found already copied ? A. I should think decidedly that the Ijooks I found al- ready — about half and half. Q. Those that had been copied, ^vhat wards did they rep- resent, do you remember ? 42 ^4. I do not think they represented any particuhir ward, they were scattered all over the City, as I recollect it. Q. Those books had been copied in sequence ? A. No, sir ; I got copies of the names that were regis- tered and took those to the Police Ileadcpiarters and com- pared them with the copies that had been made, Q. The copies that you found at the Police IIead(piar- ters that had already been made — did you take those away ? A. AVith reference tuthat,! decline to answer the ques- tion. I decline to answer on the ground that the subpcena issued does not authorize you to go into that. Q. "Were you furnished with a fund by any political or- ganization in the City of Xew York I A. I decline to answer. Q. "Were you furnislied by the Police Commissioners with any funds ? A. Xo, sir. Q. Did you order the Inspectors and Registers, upon the completion of their registry on each evening the registry was completed, to bring tliose books to any particular rooni in this City ? A. No, sir. Q. Did you bring the Inspectors before you and give them those instrnctions '{ A. No, sir ; I had no right to give them instructions. The Inspectors came to Room 15 for two or three weeks preceding the election, and there was something or other in the nature of a conversation more than anything else as to their duties as Inspectors— very much snch a meeting as I heard was held at Tannnany Hall by the gentlemen on the other side. The Inspectors were asked to bring copies of their registers of the two first days and of the two last days. Q. You do not know whether these books Avere the original copies or copies of the original ? ^i. I have no knowledge ; these might possibly have been ; I Avill not say that these were not. They were asked to brino- the orio-inal reo-istrvs there. 43 Q. You are positive you did not askthein to bring them tlicre ? A. \es, sir; it is possible iu certain cases v.diere pei*sons said tliey had not time to copy them. I think I did. Q. Some of the rcgii^trys came there ? A. They might liave come there. (2- You advised tliat course ? A. I asked tliem if they would. Q. Do you know the}" did ? A. I cannot say that they did, and I won't say that they did not. Q. Did you make co[)ies ? A. I had copies made of some of the original registry- books. Q. Do you know what districts or what wards ? A. No, sir; I do not. Q. Mr. Murphy in his testimony stated that resolutions were passed directing the registry-books to l)e taken to Room 1 5, M'here copies were to be made. A. Mr. ]\[ur[)hy is utterly mistaken; Mr. ]\[uri)hy knew nothing al»out it ; he came in there occasionally ; I will say, further, Mr. Murpliy does not know to-day the difference Ijetween that book and the register. He supposed the l)ook you showed him, when he was on the stand, was the original register. Tni:i;i:: Allen, sworn and examined, testified: Q. Your place of residence and business, I believe, is the corner of Prince and Mercer ? A. Yes, sir. Q. Prior to the last election were you, or not, furnished by any one with a list of names for canvassers in the Eighth Ward? A. Yes, sir ; part of a list. Q. Furnished you to be nominated for canvassei-s \ A. Wanted me to see if I could get those men ap- pointed as canvassers. Q. Who was it handed that list to you f 44 A. 1 think Mr. Jolmson gave a few names. Q. He was a candidate for Assembly ? A. Yes. Q. Do you remember liow many names were upon it ? A. Iso, sir ; I could not tell. Q. Ten? A. Yes ; I tliink tliere was a full list made out of twenty, for the Assembly District. Q. To whom, if any one, did you band that list 1 A. I will tell you. There was a list made out, and I left it at the rooms of the Fifth Avenue Hotel ; after- wards, the list was revised, and re-revised again. Q. Did 3'ou revise, or re-revise the list ? A. No, sir ; Mr. Jolmson revised the list. Q. Did he hand it to you again ? A. Yes, sir. Q. You then gave it to tlic Committee ? A. Yes, sir. Q. Were any of the gentlemen whose names were on that list, that was handed to you by Mr. Johnson — and handed by you to the Fiftli Avenue Committee — ap- pointed as canvassers ? A. I think there was. Q. Were not nearly all, if not all, appointed canvassers, and acted as canvassers ? A. No, I think not; part of them. I could not tell whether there was a majority ; 1 know some of them per- sonally were appointed. I do not know whether they Were appointed from my list ; they may have been on the list handed in by the republican organization. Q. You handed in a list of names, some of which were subsequently appointed and acted i A. Yes, sir. James McGowan, sworn and examined : Q. I understand you were one of the Inspectors at the last election ? A. Yes, sir. 45 Q. Which district vrere you in ? A. Eleventh District of tlie Sixth Ward. Q. Were A'on there at the first day's registration \ A. Yes, sir. Q. And tlie second day's and the day •>£ election '. A. Yes, sir; np to the finish. Q. From the time that yonr duties commenced on the first day of registration, doM'n to tlie time that your duties ceased as Inspector at sunset, on the day of election, how many different associates did you have as registers? A. (^n the opposite side they sent eight different men — • eight different Uepuhlicans all that time. The first day I had two, and four on the second day, and they changed them on the third day ; that made eight altogether tliat they had changed. There were four changes made — eight dif- ferent men, Q. Would that change occur during the ]irogress of registration I ■ A. Yes, sir; they sent three in the first place ; in the morning another acted about two hours. Two remained on Saturday till about noon ; they sent two others, and they acted up to the finish of the election. Q. Are you personally cognizant of any registers taking books up to the Fifth Avenue Hotel? A. I know they did ; I heard them say so. There was one book they wanted to take up to the Fifth Avenue Hotel ; they made no secret of it. Q. Did any of your brother registers ask for original books to take up to the Fifth Avenue Hotel ? A. They had their own, and they did not ask for mine. I heard them sav one woultl take his book up to the Fifth Avenue. Q. Was his name Phalon ? A. Phalon was one of them ; he had instructions to take his book up to the Fifth Avenue Hotel ; I heard him say so to his colleague. It was reported in the papers that my district was overrun in the register, which is not the case. The register was S7I :in;istrv ^vhich you had custody of at the close of Saturday night. What did you do with those books ? A. 1 took one of the books up to the Fifth Avenue Hotel when the registry was(4osed, on Saturday night, and there had an interview witli ]\[r. White; he did not know anything about them. Jt ap])ears he did not understand about the books, so I took the book down to Mr. Leask to ask advice. The reason of this was, T did not send the book up — we did not sign the books — the books did not compare. I asked Leask his advice, and he told me if I had a safe place to keep tlie Ijook till Monday, and after that leave it at headqnartei's. Q. Why did you take the book to the Fifth Avenue Hotel at all hi the first place? A 1 was ordered to take it up there. Q. Who by ? A. By Mr. Leask. Q. Did you not see Mr. Leask up at the rooms ? A. Xo, sir ; I saw him afterwards at his place of busi- ness. Q. Did you see other Registers up there with their books when you went up with your book ? A. I could not say; I saw a large crowd of men ; they 52 all seemed to be busy, writing. I did not see any books that looked like registry books, not like mine. Q. Was tlie original which you kept, the book you took up there, your ofhcial book ? A. Yes, sir. It was to go to headquarters, but it was not signed. Q. Did anybody else tell you to take that book up to the Fifth avenue headquarters but Mr. Leask ? A. No, sir. Q. Was he a member of this Committee % A. I do not know, sir. Q. Who is Mr. Leask ? A. He is a hatter, and kee])s a place corner of Chatham and Pearl streets. Q. Wliy did you take an order from Mr. Leask ? A. Because it was the first time I was Register ; I was ignorant of the duties. I was only appointed about ten hours before tlie registry was closed. I thought that was the proper place to take them up to. I was perfectly ignorant of where the books should he sent to. Q. What instructions did yon receive at the Police Headquarters when you were sworn in as Register? A. To do my duty. Q. Any other instructions besides doing your duty ; did they tell you to bring that book there when you got through with the I'egistry ? A. I did not hear that. Q. Did not they give you a printed paper of instructions ? A. Yes, sir. Q. Did you read them ? A. When we got down to the place of registry there was such confusion I did not have time to read anything ; there were three hundred names on slips of paper ; they were upside down. I liad to do all this before nine o'clock. Q. Did you get your appointment through Mr. Leask ? A. Yes, sir. Q. Mr. Leask is President of a political club in the Fourth Ward ? 53 A. Not as I know of. Q. Did Mr. Leask serve as a Register with you ? A. Xo, sir. Q. Were you instructed not to sign the register, by any person ? A. I was instructed not to sign these registry books, if they did not compare. Q. "Who instructed you 1 A. Mr. Leask. Q. Did you read your paper, tliat tliey gave you at headrpiarters ? A. No, sir ; not till after everything was all done ; I did not have the time. Q. When yon say you did not know wliat to do, why did not you read your paper before going to Mr. Leask ? A. I did not see the paper before going to Mr. Leask ; there was two sets of registers there before me. Q. When you were sworn in at the Police Headquar- ters, you got a paper of instruction. .Vfter you com- pleted your book, as I understood you, you did not know what to do with it, and M'cnt to ask Leask. My question is, w^hy didn't you read your paper of instruction, instead of going to ask a private individual ? A. He told me to take the book to the Fifth Avenue Hotel, befoi'e I commenced to register. Q. Wlio informed yon tliat you were appointed? A. Mr. Leask came after me, and asked rae if I wtudd accept the ])osition ; he talked of the frauds committed there. I told him that I would. Q. What was it you declined to sign ? the register or the election return ? A. The register return, and the election return^both. Q. You say they did not compare ; where was the dif- ficulty? A. There was a difficulty of thirty-six to forty names — some eiffht hundred names on their book, and there was eight hundred and forty-one on ours. Q. Who is ours? A. The Republicans. 54 Q. Therefore you did not agree, and yon declined to igx - sign A. Yes, sir ; the Democratic Inspector and I differed in five names while I was sitting there. The other names that were deficient I did not know am^thing about them ; there were two sets of registers liefore me, Q. When did yon first discover the difference between yonrself and the Democratic Inspector ? A. In the evening I discovered it, in the first place, and declined taking the five names that the Democratic Inspec- tor did. Q Why did yon decline? A. Because they would not take the required oath. Q. Was thei-e any oatli put to those five ? A. No, sir ; they declined. Q. In regard to the election returns ; what difference was there between the returns, after the votes were can- vassed ? A. I did not say that I declined to sign the register at the close of the evening. Q. Did not the discrepancy occur in this way — that the two registers left the poll and went away, and during tlie time they were going to the Police Headquarters and coming back, these names were placed on by the other two that remained there ? A. No, sir; nobody had left, except one going to dinuer, Q. Did not two of them leave at one time ? A. I do not know anything about that. Q. Could not a discrepancy occur in that way ? A. Yes, sir. I only registered about sixty names from the time I was appointed Register until I returned back. There was some eight hundred names registered before I was appointed. Q. Then, if you had not read your instructions, how came you to insist upon putting the oath when your fellow Inspectors were satisfied as to the legal right of those per- sons to register ? A. There was another Register there. I did not do all this myself. I had an assistant. 55 Q. Yoii said you put tlic i'e(|uired oatli ? A. I (lid not mean I, jjersonally. I meant my Repub- lican c'olleag'ue. (2- Wliat was the name of the other Register wlio was at M'ork — tlie otlier Re})uhHcan ^ A. His name is George Seaback ; tlie other man's name I do not knoAv. Q. You were there on Saturday, the 31st of Octdber ? A. Yes, sir; but not all day. Q. Was Mr. McGoM^an there ? A. I believe he was. Q. How came you to put the oath to these gentlemen 'i A. I did not put the oath. Q. AYho did ? A. My colleague. Q. What was the reason ? A. Some of them had not papers, and they would not swear they were citizens. Q. Did yon swear every one that came there? A. No, sir. Q. What was the reason you wanted to swear them ? A. Because I thought they were illegal voters. Q. Do you say that when these live men refused to take the oath that the other inspectors still required them to be registered ? A. Yes, sir. Q. The other inspectors were satisfied they were voters I A. Yes, sir. THE CASE OF CORNWELL. Grand Jury Room, Thui-sday. MicnAp:L KuHN, sworn and examined, testified as fol- lows : Q. Do you know the first name of the Inspector t A. I do not. Q. Were you an Inspector there ? A. No, sir. 56 Q. State to the jury wliat you witnessed. Where was this 'i A. No. 446 Eighth avenue. Q. What election district ? A. Twentieth. Q. What ward? A. Twentieth. Q. Detail the circumstances. A. All I saw, I saw Cornwell take a ticket out of the box — Mr. Cornwell, the Inspector of election. Q. Just be particular, and state when it was, where you were, and what you witnessed, were you inside the poll, or where were you ? A. Yes, sir; I was inside the poll, looking over the parties in the afternoon. Q. In the afternoon of election day 1 A. Yes, sir. Q. You saw Cornwell thei'e actij";g as an Inspector? A. Yes, sir. Q. You saw Cornwell do what ? ^4. Take a ticket out of the ballot-box and put it down below his waist ; he had. a big overcoat. Q. Did he substitute any other ticket ? A. I could not swear to that. Q. Did you see him do that more than once ? A. I saw him do it once, and then I paid my attention to the floor ; while doing that, I saw three tickets lying on the floor. 1 went around to pick them up, and handed them to Mr. Whitley, a lawyer ; he was there at the time, and to the officer. Then we took him to the station-house. Q. What were the tickets ? ^4, Mr. AVhitley and I went up and. made the charge. Q. Is he inside ? A. No, sir ; he is not subpoenaed. Q. Is there any other witness here ? A. George Hendricks. Q. George Hendricks was a barber, and he saw him do it ? A. Yes, sir. When the tickets were lying down he ;)( took it off the l>all<>t-i)(i\ ; when it was o-iveii to vote he took it off; stood uj) and })iit it l>eh)W liis vest; he had a bii^ coat on. I saw him afcer tliat. I })ut my attention to the floor. I saw three tickets lying there. I came ont in front and picked np tliose tickets; handed thein to Mr. Whitley and the officer. Q. Did the voter say anything at the time? A. No, sir; J think he was gone at the time. Q. Which box did he take it from? A. State and Supervisor. I think it Avas a State ticket, bnt I am not certain. Mr. Whitley, the lawyer, can tell you more about it. I did not open them. Q. Did you see either one of them dropped from the box on the floor '. A. I did not. Q. Did you I'cad anything on the ticket, to see what was on it ( A. No, sir; I did not read anything. Q. Did you see it put on the box as the party passed there ? A. I could not say that. ' Geokge Hendricks, sworn and examined, testified : Q. What is your l)usiness ? A. Keep a barbershop and segar store. Q. AVhere? A. Kumber 444: Eighth avenue. Q. What election district do you vote in ? A. The Twentieth of the Twentieth Ward. Q. What number is that ? A. 444 Eio-litli avenue. It is held in a se2:ar store in front of my bar1)ershop. The barl)ersliop is in the rear. Q. The polling place is held in the segar store? A. Yes, sir. Q. What do you know about this? A. I was told that there was goings on wrong in my place by some men there polling the election. I went into the barbersliop, Ijack. I saw one of the Inspectors. 8 58 Q. Corn well? ^4. So I suppose. Q. You found it afterwards, his name was Cornwell ? ^4. Yes, sir; he was standing in front of the box, taking the tickets, holding the tickets pretty nearly equal with the counter, below the ballot box, by holding his hand down ; his coat sleeve was so long that I could not see what was done with the ticket ; I saw him then place the ticket in the box afterwards ; I could not say that was the same or another. Q. Did you see any tickets on the floor ? A. I saw a whole lot of tickets on the floor, right down where he stood. Q. How many ? A. I could not say who picked them up because there was confusion. Q. Were those, all around the floor, around where he stood ? A. Right around there. Q. A large number. A. I think about twenty-five at the moment ; I saw there was twenty-five, and they were not there before. Q. Who picked those tickets up ? A. I could not tell ; there were two other inspectors. Q. Did your wife see this ? A. Yes, sir. Q. She is not here to-day ? A. No, my child is very sick with the scarlet fever ; the doctor said she could not leave the bed. Q. "When did 3'ou first name this fact to any body, that you saw these tickets lying on the floor '. : A. I did not tell it to any body. Q. Who is the first man you told that occurence to, that you have narrated hei'e ? A. Mr. Khun said, '' Did you see all those tickets on the floor ? " Q. When did he ask you ? A. About an hour after he was arrested Q. When were you ar'-ested ? 59 A. That day in the afternoon. Q. While he was at tlie Police '( A. Yes, sir. Friday. Xovenil)er 20, 1868. James II. Wjiitledoe, sw»:>rn and examined, testified : Q. Detail to the jury what you know al)Out this ease ? ^1. .Vll that I know about the matter is, on the day of the last election, in passing from my house, on my way to my office, there was a large number of people congregated around the Twentieth district poll. There was some talk about one of the Inspectors being drunk, and I sug- gested that if that was the case he ought to be removed at once, and I went in and I saw this Cornell, or whatever his name is, in front of the two boxes east of the others, that is, towards the end of the stove, I think it was a City and County and State. I Avatched liim for some consider- able time. I saw people leaning over the petition from the other side, and I asked one of the parties who was com- plaining outside that liad g<»ne in at the time I did, who this man was, and it was Cornell. I kept my eye on him for a little M'hile, and I saw him take tlie ballots that were given to him from the top of the box. The box is a great deal higher than my hat ; he held his hands close to his bosom, thus [showing] he would take the ticket, look round and say how he vc>ted, and lowered the ticket below the box and bring it up again as I supposed, and lay it down when he cried, he votes all, or votes so many and put it in. I noticed on one occasion that at the time he put his hand down there was a ticket fell, and I do not know how to account for that, but it raised my suspicions a little more, he put a ticket in and he did not pick that from the floor. Mr. Xuhn who was looking over the partition, winked at me, and I responded with a wink myself. Mr. Kuhn, said that he dropped some tickets there — that he was stuffing. I saw that ticket fall, and I picked it up myself. I believe it was a ticket for the State. I picked 60 that ticket np, and kept possession of it, and delivered it to the Police Sergeant when I went into the Police Sta- tion in company with the officer. Q. How many tickets do you tliink you saw on the floor, where you were standing ''. A.. There were three tickets. After I had seen the one fall, I went a little further to^'ards where the temporary partition had been put, and I saw two others. Mr. Kuhn came around and picked up tJiose two ; I gave him the one I had, that made three. They were all of the same kind — State tickets. Q. Were you there when this man was arrested 'i A. I was. Q. On going to tlie Stationhouse, did he throw away any tickets 'I A. No, sir ; but at the time the policeman told him to go over, he shook his sleeve, and a number fell out. Q. Was he very drunk ? A. He was ; he was intoxicated. Q. That was very percejatible % ufl. Oh, yes ; he acted in a very strange manner. I thought at first the man was non Gomj)OS mentis. Q. What political ticket was it ? A. H you desire me to give an opinion — I do not sup- pose it is necessary for me to give it. Q. You were not an Inspector ? A. No, sir ; I was not au Inspector. '/I/; 7 THE LIBRARY UNIVERSITY OF CALIFORNIA Santa Barbara THIS BOOK IS DUE ON THE LAST DATE STAMPED BELOW. Vi LCr^ Series 9482 Uni\ S