Chicago Daily Tribune Newspaper, April 16, 1876, Page 2

THE CHICAGO TRIBUNE: SUNDAY, APRIL 16, 1876—SIXTEEN PFAGHES, ments to Mr. Hunter, and they aaw through s crevica of the front door two men standing at the door of the ‘sault, which was ly open. They kuocked on the front door, and they observed one of the men in- wide closing the vaultdoor. When the front door was opened they found that two persons, nsmed David Thornton and James Glesson, had gained entrance to ihe room contrary to the sgreement, and they be- lisve that they were the same persons whom they dis- covered tampering with the door of the vault, At & Iater hour in the night they aaw the vault door again opan and s man standing near it whom they could not . Itis evident that the persons who were ©pening and cloging the door of the vault containing the ballot-boxes could have been thers at that honr only for purpoees of fraud. On the second day after the town meeting, the bal- Jot-boxes were opened and the vote canvassed. Measures were taken by the canvassers 1o prevent the detaztion of any fraud, by mixing all the ballots from all the boxes together befors counting them, instesd of counting those in each box separately, notwith- standing a protest against snch nnususl snd irregular procecdings was entored by ‘Mr. Murry Nelson, & citizen of South Chicago. This transaction, bowever, did not prevent the publio from learning that thers 'was a great variation between the number of ballots in the boxes and the number of persons registered as voting st said election. This variation smounted to 1,467 votes, ehowing that the persons who perpetrated the fraud did not have time o remove all the evidences of their crime. We submit that a0 large a variation could not have been the rosult af accadent, and that it faes nfldean 1o vitiate the mnw said election en. ly, and t0 ifruposs upon y ves, a8 the Iaw{: Board 'of Appoiament i cass whero. the angusl town meeting has failed (o elect town officers, the doty of appointing the same for the succesding year. We bave the honor to present herewitn 3 legal opin- iop, signed by a number of the most eminent mein- bers of the Bar of Chicago, in justification of the ac- tion which we respectf{ully urge you to take, We deem it nnuscesssry to dwell upox the evils that must result from the usurpation of pablic offices by uascrupulons men throngh instrumentauities like those we bave de- scribea. Unisea they are promptly checked, every form of socisl dworder must enusue. Local sclf-gor- ernment will became impossible. Citizens will refuse o pay taxes, and the whole mackinery of municipal ®fairs will fall to pieces, Capiial will be withdrawn from plxces where such misrule is tolersted, and then population will diminish. The frauds upon the baliot- bbox, which had been the éxceptions of tho past, will become the rule i the future, to bsterminated only Dy procesdings akin to revolution. We earnestly hope sou will copsider wall this matter, and perform your duty 25 ofticers of the Jaw haviog & permanent interest tn the welfare af the community. e sre prerated to wpake good all the statements ol n py ummpeachable testimony. C. AL HrpEnsex, Jzees SpALDING, Grorck SCaXEID Annim Taxeom, Lucius B, O1is, E. Wa; GuanLes P. EXLLOGS, MuRey NELsON, Daxies N, Basz, CraRLES P, COUNATLMAN, Eswano £ 4 POELTDE. Justics D'Wolf said he would like to know whether it was proper to hear the evidence be- fore the legal opinion was heard. He thought Lhere was some evidencs the Compittee wished o offer. Justice Mesch wanted to know what the evi- fence was, and Justico D'Wolf said ne didn’t inow. Justice Meech moved to resd the proceedings of the last town meeting. ‘Che motion was sec- onded by Justice Heines and carriod. Justice Wallace said he supposed that wonld tome under the hoad of evidencs, and therefore it would be_neceseary to take the evidence al- sogether. This was mot a Town Board mecung, and they had not assembied s a Town Board, but for other purposes, He, therefors, oppozed it might be well to 2luo add to that motion ke oilier evidenca to be heerd. Mr. Gleeson ea{d this was mot the place to receive svidence, The eourta were orca, aud _there was the place where evidence should ba received. 1n epite of this protast, Lwever, 1ho Tecord was raad, after wiich Justice D'Wolf moved that tho gen- tlensen preseat oder the other evidence. HAINES OBJECT. Justice M1ines reised Lhe Objection that the record baviLg beeu certified to by tke Town Cierk (Gleeson) shey con'd recefve 20 other evidence than that of e Town Clerk. Could they they allow evidence to come in and controvert therecard presented by the Town Clerk of what took place? He thought it very ques- tio Justice Poliak said that made no difference. Any toapectable cltizen conld come forward and give evi doncs in regard o the matfar. HMEECH OBJTLCTS. Justice Mesch had eomething tosay. He doubted o right of the Board to resolve iteclf into 2 Board to tate evidence of a confested eloction. If fley had, they xhonld go cn and taks the evidence; if thers was B0 such right, they ought Dot to take this testimony. They must be governed by the law, which required the Town Clerk to make his return'andsignit. Tne Board could inquirs whether that return waaa argers, but it bad n0 power usder God's heaten to inguire whether the report wes true or not, He was as much opposed s sny ono present to theis infernal frauds, but, at ths same time, the only question was whether the Justices of the Fezop could do what hs conscien- tiously beliored they had 1o lemal righttodo, The whois thing rested upon thastatute, and he then read from the staute that portion Telating Lo elections, and the appointment and .duties of & sworn Town Clerk, They could simply {nguire whether this record was a Tergery or not, snd not whether it was troe or false. Here was s statement by an officer that 50 many votes were cast, snd that certudn persons wera elected. Where could they oontest thia? _Only in the courts, as the etatnte prescribed, =nd nowhers else, ‘The person fieafring o contest suth election siould, within thirty dags after the peron whoss 'election was o" be contested was decared elected, fila with tne Clerk of the proper court a statement in writing, seting forth the poita on which b contesta the elsction, whith statement shonld be verified by ividence, The matier lsy with the County Oourt. Ho was sorry it was so, but he was not, after twenty- Bve or thirty years’ practice, prepared to act sgainst his own copviction of right. He would do every- g ihis, if they could ng he could to right dgkt it in & legal wav. The Board had no iuthority to act, except in cats of 3 va. zancy, Thers were frandulent returns, he admitied, Sut when that was the case they must go 10 the County Court. If the gentlemen ocould satisfy bim that the Bosrd had a 7ight 1o declare & vacancy, he would by very giad indeed to kuow it, and act accordingly, Be- =2use the ballot-box had undoubtedly heen tamperad with. But he would maintain, ss he firmly believed, shat this Board Lad 1o pawer 10 review the town elec- tion. That had to g0 to the Connty Court if anywhere, Hle Belioved it as firmly as he believed anytbing under God's heaven. He bad lived in Chicago for twenty-five years and ho was not aware of having conumitted a dishonest act, but. when he sas acting as & Justice of the Peace, he would do what he believed to bs his duty, regardless of suybody. He would do it for the simple reason that he believed every citizen ought to doit, and_because he was un. ‘willing that a clazs of respectable gentlemon and re- spectable Lawyers should Le gailty of an illegal act for the kake of curing another iliegal act, JTRTICE D'WOLY had not much o ssy but it wazeminently to the Toint. He quietly got up and spoke ae foljow: 1 cannct boast 80 much legal knowledge as my friend ‘who b made » few remarks ou this subject, nor will 1 boast of my long residencein Chicsgo, and_thst I am an old citizen, or anything of that kind. Nor will I sttempt to rebut any charges thet may Bave been made sgainst me until 1 know what they are. Tha uestion bejore this Board is, whether we are to hear e evidence of theas citizens who will appear and prove certain things which they allege. That is all therw iy of t. The merits of the proof and availibility of the proof fo establish the particaisr thing they think they will establish will be for us to judge of when we hearit. Now, J &m notin favor of shut- ting their mouths, because 1 may have some precon- ceived notions of tae logal nght of this Board. Iam willing to hear those gontiemen, nd propose o hear {hem, 50 far a8 [ am concerned, and the naturs of the testimony will be for us to judge of after we hear it. 1 do mot wish to take up b time of this Board by ‘making any further remarks, [ Binstice Pollak moved that the Moderstor snd Assist- a0t Moderator be heard; but Justice D'Woif #aid that Lb;fuzcu’ had probably incloded that in their re- por “The roll was then callsd on the motion to hear the evidence, resuiting in & vote in favar of the motion of 7 to 2.—aines and Meech. Judge Otis said there wers attorneys present who, - atthe request of the Committes, would pressant the snidence, —— THE EVIDENCE. TAE HON, THOMAS HOYNE. Mr, Swett then called the Hon. Thomas Hoyne and examined him. His testimony was as follows : ‘-Q.X—Wm you presens at the last town election? —T was. Q.—Who wat elacted Moderator of the mesting 7 A. —1f 1 ahould state who was elected by tha voles taken, 1 should ssy Mr. Eoyne was. Q.—Give tho facts upon woich you make that state- ment. A.~To be brief, I will alate that when the . question was put by Mr. Gieeson to thoss ¥ho were then present—tho number I cannot state, but should ay st least 200—the vote was overwhelmingly against the motion put by Mr, Gleescn, the Clerk, I think I mever heard Thoraton o at Q—Who was first nominnted? A—~In the furst place, we ware thers half an hour befors the time, and 1 met twenty or thirty geniemen, smong the yest Mr. Bellogg, Mr. Dixon. and others. We were all waiting oy o oo 1aat RioWA e b 10F suppoasd to be the In: beld for the puf'pfl of organizing. The door is three or four steps d and it was closed. Before tho hour ar- Sived, & oelock -4bout cight or ten minutes belore— there seemed tobes crowd of persons—a column I might call jt—moving from the south side of the building in the direction of those where I stood, They were waiting for the opening of the door, snd can- siderable commotion took place, The effort seemed 10 be £o get us out of the way. I cannot say that was the sctusl intention, but it dcemed so. Some of the policemen wers called, but they failed to oome or were otherwise engaged outsida, 1 could not say what they = were doing, but in a few minutes more I saw or flemen turned around at the foot of the steps, and somebody called out, *“Hoype.” Then thers was quiet. Ar, Gleeson said, ** Mr, Thornton is nominated &8s Moderator of this mecting. Those in favor of the eleotion of Thornton s Moderator say *Aye.” A ‘number of persons responded * Aye,” and Mr. Gleeson forgot to put thae alternative of the moton, but the crowd reminded him, and he besitated a momeat, In the mesntime some moved Hogne for Moderator, and there was o lond shout. But Gleeson waited, and finally put the motion, * Those opposed to the nom- ination say * No,” and there was a_ pretty Snanimous No.!” Tut Gleeson would not put Mr. Hoyne's name. 8o he turned around and opensd the door, the polico standing ocross the Bteps, protecting the door. He turned aside, untocked the coor, and he and Thornton went in and locked the door, 1n the meantime I was puthed down thosteps, Another shout was made for Hoyne,” and it continued for sometime. Finally Mr- Dizon said, “ Let Hayne in.” Thero was a genersl #hout that Re must go in. I told the policemea they bad better let me go in, and finally1 think he called to the ons inside. At any rate, the door was opencd, aud T was admitted to the inside. That is abont whst X saw outsido at that time. Q.—1 will ask you, {rom a fair count of the votes, who was elected Moderator? A.—1 have no doubt that Hoyne was slected Moderator by the vote. Q—What do you know,of the count of ths vote in ihe avening 7_‘A.—~Well, 1 know nothing of that at all, sir. 1 had been theroall dsy and in the evening, after g to Mr. Gleeson of this irregularity in the ballot-boxes at the ontside polls, it bang under- sto0d thut there would be two or thrre irregular boxes not provided by the Comissioners, I spoke to Gloe- 20m about what should be done with thera when thoy came in, Heagroed, on my suggestion, that they ought to be put away into the vault, and kept there taken befors notil morming : thut a rocess should be the count commenced, nd that, in the mean- tune, he should tske legal opinfon. My recollaction 8 I suggested be might get the advice of two or thres of the Judges, €0 that when the Moder- ators from the other polls bogan to bring in the boxes Gleeson or Thornton took charge of tliem, and they took them into this vault, and locked tho vault. ln that way they came in a5 T understood, and they wero ail locked. And therenpon Imade n statement, at the suggestion of Glsoson, I think—at suy rats an twas made with him substautially 1o this effect: That a difficulty had arisen zbout these outside polling-places, and that two or three irregular boxes probably wonld be brought in, aud that that raussd » very grave and jmportant legal question. and that thess gentlemen, anxious to bo perfectly safe to secure the rights of oficers za well as thoso of the county, and Mr, Gleoson being anxions particularly to avaid the suspicion of tampenng with the ballot-boxes, and anxious also to bave the com- municy at large, who wers very much excited, under- stand precisely what the legal question was, and Dence the care sud scrutiny of the community with ey 1o town ballot,— azy stated all tlin to the gentlemen at the zequest of Gleeson, and told tho persons sssombled that from \he Republican de espacially should bo selozted threo carefal and t ‘men to stay all night and wetch ihe vault wiih the ofcers. All of thia was nnder- st00d and masented {o, and then some qusstion was raisad about making (b6 sdjournzgent perfeclly Jogal no So Gleason brought ous the box, counted ten or twelva Yotes, and put it back again, After speaking to scv- eral gentiemen, snd talling them they must zeo that iwo or tares persons—good Ropaublicans—wara left thero to, watch, I thougntwould go home. I had been thers from 7:30 tili 10 o'clock. CISITIVE GLECSON. Mr. Gleeson—Dida't 1 tell you they could all atsy there 1f they wantsd to, and I wonld'go home 7 Alr. Hoyns—You might have 63id so. Mr. Giseson—What time did you see me with a bsl- lot-box under wy arm? Mr, Hoyne—It must have been about 8 o'clock, Mr. Gleeson—That ballot-box Was in there about twenty-four houss, locked up.. : 3ir. Swett—~Were there any ballots in the Eallot-box ‘before the young commenced 7 Mr. Hoyne—When I got_ there I wanted to sce the ballot-box. 1t was opened and there wers tea or twalve ballots inaide. There Were some names on a sheet of paper. 7. Gleason—Yea; sevenleen names, C. P. XELLOGG ‘was next cxsmined and testified as follows: About 10 minuies befuro 8 3 number of policemen and others cams to tue polla. There was & good deal of naiss aud confnsion, and the ofiicers made an effort to clear the doorwsy. Shortly after, st 8 o'clock, I moved that Toyne e declared Moderstor. I put tuc queation sad ‘considered him elected. Just then Glaesou put a vote in favor of Thornton and declsred him clected, al- though Y ehould say the voloes were thres to ens sgaizst him. ME. 3. 3. MAGILL Hoyne was really elected, Th-rs pulling and pushing and his over- testified that 3r. was 8 good deal piczes, THE REV. ABTACE MITCAELL nozt took the chair. He testified as follows: Iwent dowa to 234 LaSslle, reaching thers sbout 7.30. 1 accompsnicd the ballot-box Irom Twelfth ect. I heard the question debated as fo what should be dons with the irrej toxes, and Alr, . Hoyne made the statement to which he had referred, ‘and the_count was postpoaed till 2 o'clock the next dsy, 1t _having boen finally decided, about 12 o'clock, that Phillipe sna Hunier ahould siay witk the policeman. Before we left wo promised Hunter to Lring him refreshments, We went to the Pacific for that e, and_returned in sbont half an hour. All was quief. We stepped down and Psgo eaid: * There, they’re at that vonit now,” and s moment af- terward be said, : ** THEY'BE SHUTTING IT.” ‘Wo rapped and called for Munter, and, after the vault-door was ahut, the outer door was opened. I handed iv the lunch, aud was suprised to And Thorn- ton and Gleeson there, Page sent in for Hunter, but he did not come until some time afterwards, when he ealled Hunter, Who came, W told him what we had seen, and he sesmed very much surprised. He rapped on the door, and Page looked in £aid, * Thers they are at tho vaultagain,” 1 looked in the crack and sawa man in the act of Ebutting the door. Thornton then came to the door, and 1ssid, “ What wera you in that vault for? ™ He replied, ** Who was in the vault?” and I said, *We have seen youatit, I want to know what business yon had in there? Aln't that s breach .of faith? I should like to know what you were doing in ihat vault with thoso ballota at 1 o'clock st night.” He didn make sny very definite reply to that interrogation, and asked mors particularly what e had seen. I deciined to state, and said I was will- ing to testify 02 any proper occasion. Thoruton de- nied very soiemniy thut he bad opsned the vault door, and we ropested the chargs about opening the door, and that it was a breach of faith, At laat we alf left aud went to the TRIBUNE office to insert a reference to ‘what wa had seen, and theee Gther geutlemen left the ‘premises at the same time. After going toths Tris- UxE office, wo returned by way of 204 LaSalle street, ALL SEEMED QUIET and we kept on, reaching bome atout 2 o'clock, The vault is in the front room. ‘The whoie room was not inview from the outeide, I saw Gleeson when "we «came back, and when we ssw Thorntop, Gleeson camo tothe door for us,and Thornton came and got tho lunch. I could distinguish between the vault door and the water-clozet door, and I am positive it was the vault door that clicked. The waler—closet door is considerably farther from the front than the vault door, but it is exsctly in line. I could ses both doors from thix crack, When they were opeued any one could ses them, Mr, Glecsop—Wad the gas let on in the front room? Mr. Mitchell—I don’t kuoW. Mr. Glceson—Was there s light there? r. Mitchell—Certainly. Blr. Swett—Did you see anybody at the vault door? Mer. Mitchell—TYes, alr. Mr, Sweir—Is there no mistake about 157 Mr, BMtchel!—No, sir, not the Isast, I saw the man in the act of sbutting he door, pushing againat it in a vigorons, wmussular way. His form was ot for the purpozs of SHUTTING A HEAVY TRON DOOR, such as that vanlt door. Nobody wonla ahut a water-, closes door in that styls. “Thers was light in the front room, but 1 don’t kmow the mource from which it came. Tt showed every man's form thut ercssed the room distinetly, W. B. PAGE testified 23 follows: I was there. st night, arriving about £:30, aud found a crowd of 50 or 75 peopie. Thare was a good deal of wrangling for two or three hours as to what should ba done with these Lallot- boxes; bui sbout 14 roclock it was finslly seitled, ‘Thoraton stating he had made up his mind to count the ballots that night or leave the place in charge of the policemen. We objected to counting them then or leaving them with the police. They might be hon- est, but I didn't know them, and thought it mnsafis- factory. Thornton sxid thers was no use in argning 1t, and turned off the gas. Then thers was an order that the room be cleared, and the crowd yelled * Get out I" st us, After some [ittle €3Ik we got out, and Nr, Anthony, Mr., Alitchell, Mr, Spalding, and mysolf went to the Facifie, got a lunch for Hunter, and retarned. ‘Through a crack in the door I saw THE VAULT-DOOR OPLN and 2 man standing partially in §t. I rapped on the wooden papel and the man turned stound sud pushed the door in, giving it one or iwo vigorous Xicks, aud then sprung the bolt, Theard the click and called the attention of the gentlemen to it. The first one who came to the door was & policaman. We told him we find refreshmenta. He went back and Thornton came and got the Junch. X told him I wanted to soe Hunter, and he said he would send him. I waited for seve: ‘minutes and he didn’t come, Then I called for Lim, and there was & Temonstrance at his coming, but e came ont tous.1100ked in the crack again and told Mitchell there was somebody in the vault, and be Jooked in there and saw it too. Itold Hunter what [ bad sesn and he expressed great surprisa. We knocked gain, and Hupter was admitted. The charge was di- rectly made ihat the vault bad been tampered with, but Thorpton said he bado’t doue ft. 1said that might be, but somebody bad done it, e went to the TRIBUSE office and pareed by 204 LaSslle on our way bome. When we looked through the crack the persons left ta watch the room wers in the back room, and the separating doors were closed. ME. HOYNE was recalled, and said the ballot-boxes wers locked up in the vaunit befors he left. Gleeson received the ‘boxes, took the keys, and locked the boxes up in the vault, The boxea weresealed as far as he knew, MUBRY NELSON was next examined. He testified: I brought s box from 994 State street {0 204 LaSallo atrest, Thers was s meeting &t 934 tate strest in the morning, and I was clocted Moderstor. When I got down to 204 La Balls sireet I gave the ‘bax to Mr, Thornton, I saw Anthony and others, who sxid it was all right to surrender the box to Thornton. He asksd mo for the key, which Tasked to keep, but Anthony told me Thornton had the ngm. to it, and I gaveit tohim, We got the poll-list. 1 want thero at ext day, and after waiting some time it s ascartained that Thoraton was sick and couldn't bathere, 50 Glesson announced an adjournment 1o 2 o'clock the next dl&: ‘e want there then. Thoraton and Gleeson went in first and wa were afterwards in. vited to go in, which we did, Thornton said Re pro~ posed ¢o put the bellots in a pile and count them alto~ gether. I said that was unprecedented, put he replied Do had taken tha advics of Goudy and Tuley, 2nd tuey the boxes were brought ont and emptied on the tabla by Gleeson, 1 protosied against, this dumping nnd asked Thornton, &8 Moderator, to stop and at least take a voteof the Assistaut “oderctor, Hesud, * You ‘peedn't make any arguiments or put a0y motion; I'm boss of thia thing,” or words to that effuct; and bo added that I conld not make any talk, but would have 1told fum I would have o bu put out. Whien our ward's box csme out of the vault T said that to go out, was my box and T wanted TO LOCATE THE FRAUD, if poasible, He gaid I'd_betier not raiss any styu- menta or go out. But I didn't go. The table was turned bottom upwards, thé ballots mixed up, and the next thing was to count them. 1t appearod there was s discrepsucy botween the bailots and the poll-lists, ‘There was 1,467 more pames on-the list than there In our ward I saw 10 ballota with were votes cast. Gleeson's or Phillips’ name on them. 1 think 1,928 wotes were cast at our precinet. Gleeson and Phillips wero not on tho tickets, that I remember. PETER PAGR . - - wag eworn. Holived in the Second Precinct. At 8 o'clock Mr. McGin ed the polls, and Alr. Page pen was elected Modesator and_ Mr, Pbil Conly Clerk. After taking the office of Moderstor he found that there was no ballot-boz, but some men in an adjoin- ing room had seized the box znd wee recelving votes. He demanded of them tho box, bug was refused, and policeman No. 103 refused to ‘compel them to give it up. A sosp-box was finally procured. and voles . were roceived, tho other party also receiving votes, Ha mever heard the other parties elscted for Moderator or Clerk, They simply ssaumed the offices. After the polis wera closod. ke, with the Rey. Mr. Mitchell, went in & carriage to No, 204 LaSalle street, taking the box with them. 1o left the central voung-place abous 9 o'clock. He heard some of the disputereferring to the question 38 to who should remain in charge of the boxes, Thonextdsy he resppeared with two assiat~ ants, and also came the next day. Mr. Thornton] have ing ‘been mck the provious dsy. They began to count the votes, Thornton opening the “bozes and dumping the contents on_the table against his protest and thatof Mr. Murry Nelson. Tlo' box from the Sacond Ward, sent by the parties who had had an indo- pendent voting-place, was the one sccepted by Thorn= ton. While acting as Moderator in his ward ho did Dot 5ee & single ballos with the names of Phillips and Gieeson. T MR. WILLIAN B. PAGE, from the Second Ward, testified that ho was present at the opening of the polls in that ward, and alsn during the day several times. He had never soenany Phillipa &0d Glacaon tickew, and did not know that they wers Tunning until the next day. 3 MR. D, N. BASH wan sworn. Befors proceeding with the examination Justice Summerfield suggeated that a recess for lunch be taken. 'On motion, » Tocern of twenty minutes was taken, RYAN PULLS OUT. - Onre g, Mr. D'Wolf stated that he had the written resignation of P. K. Rysn, Suparvisor, and that resignation had been acceptod by the Justices composing the Board, He read tho document, as fol- jows ; 7o the Justices of tho Peace of the Twn af Jouth Chicago: Cit10460, April 15,—A¢ the Tecent election I was an Independent candidate for the offica of Supervisor. and in reference to tho eloction did simply what 18 proper forany candidate fo do, I believel have not becn accused of participating in any frauds, if any existod. 1 certainly did ot participats in any frands, nor did I know that any were contemplated, As questions fn regsrd to the logality of the election have ariten, I do not wish to hold an oftice under such circumstances. No efforts having been made to compel my resignation, I, there- foro, wituout being misunderstood, can act freely, there being no doubt the caurts hafl have to decids tha legality of 6aid election; snd not haviug any de- sire 10 ime and money in 8 legal defonse, ¥ Dhereby tender my resignation as Supervisor of maid town, P. K. Rrax, ROBERT LINCOLN ELECTED. The resigmation having been declarsd accepted, Justics D'Wolf moved to proceed to elect a encoessor, and nominated Rotert T, Lincoln aa Supervisor, Justice Meech nominated Berthold Loewentkal, stating that that gentleman was & regulsr candidate a the town election, and, thereforo, he should have tho vacant position. Justice Wallaco coincided with the opinton, Justice D'Wolf 6aid there could bano question but that the Bosrd had aright to elect whomover they choose. ‘Ir. Lincoln, who was protont, belng ssked if ho wouid serve, repied: 1 will say thatif Iam elected Twil sorve.” ¢ Justice Mcech withdrew (he ‘nomination of Mr. Loewenthal, and Mr, Lincoln waa glected unanimous Iy. Mo took his seat in {he Board mmid considerabls applause, h“infi beon immediately eworn in., fl'{:‘a examination of witnesses was then proceaded I8, PETER PAGE was recalled, and said the discrepancy would still have ‘been betwoen 1,400 and 1,500 if tho ballots in the candle and starch-boxes had been thrown in with the rest. Heseemed to find & nest of thess Gleason and Phillipe votes. They zan tozether, were folded slike, tie paper was clean and uprumplad, as though ft had ot passed through the hands of voters, and thers were very few Hepublican votes. Thers were less straight Democratic than Republican votes, Both parties had been cleaned oat. i CHARLES COUNSELMAN testified that he had been present at the counting, He noticed somo long tickela and #31d they wers beating the Republizan and Democratic votes. Thers wers two Xinds of folde, whichi the speaker explained, and they were very ciean, They were folded up as it bad ‘been dons by one man, Other tickets in the box wers dirty and foided in the usual way, These long, whits tickets for Evans, Ryeu, Gleeson, and Philiips, ware folded up very neatly. D. %, ot MR, DASH was then called, and teatified that he was from the Fourth Ward. He saw no Gloeson and Phillips votes cast, but when the box was opened there wers about ton out of binety for these men. When thsy counted 3t No. 204 LaSalle sizest, howover, there wero mors mame om the poll-llsta theu there wero votes in boxss, Thess Gleeson and Fhil- lips tickets were- then found, folasd nicely and neatly. They were very cloan_sud folded uniformly, while tha regular Republican and Democratic ballots Were dirty and rumpled_up. He spoke about this peculiarity (6 Gleeson or Thoraton, and they sald: *You folka think nobody has got clean bands but you folks on the avanue.” SDIFON W. KING was sworn: He said that he was st the First Ward polis, wcting s Notary. He noticed two sets of tick- sts, and did not ees any Evans and Gleeson tickets, COL. J. L. THOMPSON was called, snd stated that he vwas at tha Third Ward polls an eloction day, end only heard of two tickets in the field. He did notinow that Evansand Gleeson wers running. - MRB. 0, M. HENDERSON. . id not remember seaing the Gleeson tickets at all on election day, oxcept late in ths afternoon. ‘WB, CHARLES TURNER of the Becond Ward was at the polls, there being thres tickels,—the atraight Republican, ‘and the straight Democratic, 2nd another with the name of O'Brien in place of Evans, B D, K. BASK was ‘recalled. When he was regularly electod Moder- ator, a clerk was elected, and they begsn to Jook for the ballot-box, They found that the regular box was Dbiddeu from them, and they got a Boap-bor. The ‘voting began about half-past § o'clock. Soon after the Ed Phillips.crowd set up separate polls in 2 maloon, and began voting. They offered to join forces on con- dition ibat the ballots in the Phillips box should be omptiad in the regular box. Both boxes were taken to headquarters. He Qid notsea any Gleason tickets Quring the day. JF4SE EPAULDING 2 s in the Fifth Warad twice ou election day. Tho O'Brien, Evans, and Bepublican tickets wera ju the field, He had not heard of tho Gleeson ticket until evening. The Gleeton tickets were printed on very thin paper, as if to take up very littleToom. : stated that he was of the THE ARGUMENTS, 3 : 4 LIGAL OPINTON. Mr. Swett snnounced that this closed the case, and he would read the following opintan: Mearra. L. B. Otiz and others: CHICAGO, April 14, 1870,—The undersigned, whose opinion has been asked by you in reference to the power of tha Justices of tho Peace, the Supervisor, and Town Clerk (constituting a Board of Appointment of 1he Town of South Chicago) to declara that ssid town i fail ta elact, st the recout annusi town election, town ofiicers to which it is by law entitled, respect- fully submit the following: 5 Under the- statuts, the officers above named com- pose a Board of Appointment for the appointing of town officers in all casea of vacancies arising by fail- urs to elect, of from sny other catise, snd a majority of such Board may exercise this power. > The power to fil the offices by appointment neces. sarily rests upon them the duty and gives them the power to declde whether or not there has been a fafl- ure to elect or % vacancy created from any oth cause. This i8 expressly decided in Blate ex rel, versus Jopes, 19 Ind,, 858, In that case the Court 5 en 1t appesrs, prims facis, tnat acts or events Dave occurred subjecting an oftice to Judicial declare- Lion of being vacant, the authority atthorized to All such vacsncy. supposivg the office to be vacant, may. proceed befare wrocuring @ judicial declaration of the Tacancy, and sppolnt or clect, according to the forms of law, & person 1o fill such office.’” Soe Also Common= woaltti vx. Co. Gom, 7 Ravils, 75, , after the ballots were brought from the various polling-places to No. 204 South LaSalle street, they were put into s yault, with the sgreement that they should remain thers undisturbed until the next morn- ing, and, during the night, unkmown parties opened the vault surreptitiouely and secrelly: or, if (he ballota thero or elsswhere were fraudalently tampered with by changing or abstracting unknown portions of them, 80 that whan the count was made #1id ballots were 600 or_more short of the poll-list, thess facta render the resnlt uncertain, taint the clec: tion with frand, and render {he canvass and return thersof (end the certifcato of elociion) absolutely “The proper care of the ballats, sud the canvass of the identical ballots caet, 50 28 to give an accurate snd dofinite result, s a8 much s part and parcel of the election 28 the deposit of the ballos by ths voters. The entire election, therefors, was vitiated, and there s p::r the langusgo'of the act n falluro {0 elect the proper number of town officers to which entitled by law, fat In the case of the People ex rel. vs, Thaf teher, 7 Lansing, 293, it appeared that while the count of the Yoles was progressing, the gas-light was turned off by the unknown persons, and, npon the gas belng ro- lghted, the count was resumed. A Iarge diécrepancy was then discovered between the number of ballots and tne names on the poll-ist. The Court in decide ing the election void, says: “1In this case, not irregularity but actual frand was committed by somebody upon the result of the exer- ciso of the elactive franchiss, —~a fraud which randered the, sctual yesult uncertain and incapatlo of being See, also, Thompson vs. Ewing, 1 Brewster s Myers va. Moflat. 1 do, 290, e 1f the Town Board of Appointment should, in the preaent case, sppoint officers to A1l the vacanciea created by a failure to elect, and the County Clerk sbauld daliver ¢o them th ks snd_rumiments of offics, their acts will bo 1! end the guestion of.§ tha cided in & direct Pl'o ranto brought against such officers. Board, decide whether or not there has faiture, no personal ber of the Board who faith, Such acta are ju s, Beardsley etal., 33 Barb,, 29. of the town to the bersons excluded. Under al the facts of this case forms his duties appoint the officers jmms Rea] uily, Wirt Dexter, M. F, Taley, 1. C. Larned, Leonard Swett, B. F, Arer, Sidney Smith. F, H, Kale: ‘T. A, Morag, * ¥, H. Winston, e Edward 8. Isham. MB. KDWARD 8, ISHAM, that, at the request of the Committeo, he would the Board in the matter under consideraiiom, diction of the Town Board. . town offica shall fail to gualify, or when any vacaucy ful for the Justices of the Peace of the town, togetlicr with the Supervisor and Town Clerk, to ill tha va- csncy by sppolutment, by.warraat under their hand az tbe persons n whoae tead they bave been appofuted, eto.—Seo, 97, page 1,079, Revired Statutes, The first duty of the Board, as appearad on tne face of the statute, wes to inquire into the question 28 to whether a case bad arisen upon which the Board should act. This was simply & caze for the Court to inquire into its own ju- risdiction. It frequently happened that Courts tion, snd that they had the right todoso was for the first time, 5o far a8 he hsd ever heard, now for the first time called in question. The statute included three classea of cases wherein the Board ahould ack, Tho first clausosiated that +“ whenover a vacancy happened by reason of death or removal, the Board should,” etc. ‘Tho next case was, #Whenever any person elected to town ofilce should fail to qualify, the Bosrd should,” ete, Suppose it wus represented that a person who had Do ciocted £0.» town oibre had removed wn 7 must not the Boand inquire whether tho man had re- moved or not? Supposoit was ropresented that Jobn Doe, who had boen electod Atssator, was dead : wonld it not bethe dutyof the Board foinquire into the matier, and see whether or 1o he waa desd ? So, with thasame ressoniag, if o man elected to a town oftica should {ail to qualify, must not tho Board ask about 2 Carrying it still farther, the speaker said, when citi- zens appeared before the Board and said that thera had been a failureto elect, was is not equally the duty of the Board 1o inguire into the matler? 1t was rep- resented by the Committes that THERE HAD BEEN A FAILURE - to elect town nmmnfl they asked thatthe Board proceed to elect. \Whatwas tho objection? One of tho Justices, Afr. Meach, bad st the beginning of the ‘moeting demanded the reading of the minutes of ths town meeting. When tliose minutes wore read ho Liad #aid : * Here i a racord, signed by the proper ofi- cials, and you cannot go back of it and impugn it.”" The speaker would mect thas objection st the very threshold by atating that the record was not anly falss but fraudulent. Ho would undertake to_show that i such a record existed, it was frandulent, aud must not be sccepted by the Board. That was ihe end for ‘which evidenco had been introduced,—to aiow that mo such election sdrecorded in the minutes had taken piacs. Gentlemen had come . in snd testified that baliots, legally cast, haa not been ounted, Yet, with all this unim ed teatimony, all that any man. bad ta doin orderto jugsle the Court out of its in- quiry was to 8ay that there was a record, and the Court couid not go back of it Suppase an election had been rogulasly held, but the Dallots, after being cast, wers lost in transmission to the connting-place, yet, according to this reasoning, some Town Clerk could raake up fictitious returns and claim that those returns could mot be investigated,— and the Court, would it be thus wheedled out of its Tight of junsdiction by a flimsy fraud like that? ‘Suppoas thers had been = forgery in making up the returns, what should be done 7 Gleeson—Hang the man that did it, plause.) Courts, proceeded the speaker, wore ascurtomod o ‘protoct their jurisdiction, and would not aliow frauds t0 e practiced upon them. Now, what sort of s record had the Clerk got here 7 Justioe Meech had said that he ‘was anxions to bring thess scoundrels to justica. The Juatice did not seem to remember, fAirat, that this was not a record of a meeting of tha Town 'Board, but of a town-moeting. What had the Board to do with fown-meetings? The minttes of the tawn.meeting wers elmply evidenos, and on & lavel with the evidence which Meach soughf to exclude. But what did the & tatutes aay about the record 1 Betore the Moderator of any town-meeting shall enter upon the duties of bis office, he shall takean oath faithfally and impartially to diacharge the duties of mycn office, which oath may be administered by the ‘Town Clerk or other proper officer. Sec. 64, page 1,015, Revised Statutes. ‘The clause required that the Moderator of the town mseting be sworn, and the Tecord failed to show that the Moderstor was ever aworn. — ‘Gleeson—You bave my evidence. Yes, said the speaker, but the poople had had enough of bis evidence, and, besides that, he would say that Riers was the dixagresable spectacle of 3 man siftiog in Jndgment ON HIS OWXN CASE. Gloeson—T shall sit longer yot, and T don't propose to bo scared off either. ‘The speaker 33id that ha was & very pasceable gentis- man, and didn’t scare snybody. Gleeson—You can't do Jt it you want to. The minutes did not show, further, that the votes wers counted on different days. There wia nothing in he statute to show thst tho couating of the votes could be strung along any length of time convenient to the Canvarsing Board. The statuto sald that the votes should be counted immediataly. He would quote from Sec, 56, page 469, Revired Statutes : “uAtter the opening of tho poils no adjournment ehall bo had, nor shall any receks be taken, until all the Yotes cast at such alection snall have been count and the resuit publicly announced,” The Leglalsture contemplated the possibility of bal- Tot-box stufing, but that ballot-boxea shouid be Tobbed they tiad ovidently had no ides. The Leg- iature bad evidently had R0 expertence with Town Tho minutes further showed that no regular election washold. The evidence introduced had abown that votos never roached the Canvasxing Board. Tha Town Clerk, if thero be one and he Is present shall act a8 clerk of the meeting, aud ahall kesp faith~ ful minutes of the proceedings fn & book to be Jnovn a5 the town record, in which ke shall enter at length every order or direction, and all rules and regulations ‘mad by such meeting, which entry shall be signed by Rhimssif and tho Moderator of (he meetingi—sSts, 76, ‘age 1077, Revised Statutes. _ ‘Thiere was no signature of the Moderator attached fo the yecord, as Tequired by law, and thavefors the record was liegal. (toud ap- THOMAS A, MOBAN then addressed the Court, and spid that therecords, to Lo of any value, must be acoording tolaw, The reco.Jds produced are not, apd hence are valueless, In the Pannsylvania caso cited, The Commonweath vs. Jones, the facta resembled in all details those with which the recent town election in this city was characterized. The Court decided that Do election ‘was held, and tho County Commissioners were obliged 10 appoint the officer. ‘The case (33 Barber, New York Report) related to an election called by two School Trustees to elect 8 third, The election was held and the result was contested, It went to the Court of Ap- eals, and the Court decided that the election was & legal one in every sense, In another caas, three Jus- tices of the Peacs elected a Constable, the people hav- ing failed to elect, The previous incumbent, who beld over, contested. The Court decided that the appoint- ment made by the Justices was a judicial and legal ack, There s a line of authorities that whenever thers is auch s discrepancy between the ballotaand the poll- 1sts that an unceriainty exists, gnch election becomes & fallure, and it iS the duty of the Appointing Board toappolnt; and if the Bosrd belleve thst tnere has gmn afadlire tosppoint, it- iv their bounden duty to 0 50, wa ' GLEESON HEARD ¥NOAL M, Gleeson jumped up excitedly and said that some of the gentlemen present camo to-bim like whipped dogy and begged him to Tesigu, and offered him §1,250 to do sa. . - TRE NON, LEONARD SWETT #ald that no well-minded citizen should nsk a violation of the Inw to put an end. to the eltuation in which the town is pl ‘Tha facta prove that David Thoraton derlved his power a8 Moderator from riot. It is proven that Mr. Hoyne was elected Moderator. but was not so doclared by Afr. Glesson. Such by ftself would only bosn irregularity; butitisa portion of a plot 10 perform a fraud. The restimony elicited during tho course of the investigation was then roviewed at Tength, ehowing the fraudulent progress of the elac- tlon from ita begioning until the conclusion “of the count. E The inference fa irresistable that the ballots counted were the ballota sruffed and not the ones voted. This makes sn mricertainty and a failure to elect.” Mr. Swelt hero cited the Iawa governing the vanous kinds of election frauds {o show that, where 3 town ofticer commita » {raud in the counting of the ballots, his certificate is worthless, The result of delaring this election {0 have heen & failure will be to appaint honest men to the ofiices in the Sonth Town. (Lond spplsuse.] A defacto offi- cer's official acts are binding as regarda third partics. 1f the men wha think themselves the rightful seasors of the offices Want {0 get pousession, iney muet spply for & writ of quo warranto, Let them do 50 and the public will then see how much attention the Courts will pay 1o the candidates for offica_armed. with_stuffed bsllot boxes, [Loud applsuse) Mr. Bwett closed with an eloquent & £ tho Justioes to relieve the Town of South Ol 0 from the evils ‘which were inflicted upon it st the last elsction. JUSTICE MEECH announced that notwithstanding all tne evidence and srguments which bad been adduced, he conld not chiangs tho opinions ho had previously formed, The Supreme Cour: had decided that the fact that the Moderator was not swoin did not witlate the elaction. ks to show that the to which the case en. It da whether they are lawfally in office can only bo de- ceeding by a writ Of QUO War- ‘This course would place fn the immediate poacesd slon of theso oflices tho persons sppownted by the The las having reposed the duty upon the Board to been o failure to elect town officers, and to appoiut others in casa of such lisbility can attach to any mem- e, ol i natare, Coltan N A To 1 b Liability 22 alrendy made pub- Tic, we are of opinion that i is plainly and impera- tively the duty of the Board to declare £bat 1n this caza ihereis a vacancy, bacauss of s fafluroto slect, and to at the concluaion of the reading, srose and said aay something regarding the atatutory powers of since one of the Justices, Mr. Meech “ad clzimed that the Board had no suthority to bear evidence, because the official record atated that there was a regular and legal town election. He would firat read the statute rogarding the. juris- Whenover any town shall fail to elect the Broper number of town officera to which such town may bs outitled by law, or wiea auy person elecied £ sny shall happen in any town from death, resigoation, re- moval from tha tazn. or other cause, it sball be law- aeals; aud the persoas so appointed ehall hold iheir respective nmmndng the unexpired term of were required o detarmina their own juriedic- A “Leonard Swett and demanded the bool inclined to think that the Ieaal mesdures election frauds. SUSTICE HATNES ‘lation of hia judicial cathr. Mr.- Giseson—I move to sdjourn, e e, e THE VERDICT, JUSTICE WALLACE risdiction. failure to.elect. If it be true that fraue vitiates following : ‘WHEREAS, When the ballots cast at the anriual town mecting hetd In the Town firat Tuesday of April, 1876, were canvessed a8 requir- ed by law, it Was ascertained (hat the ballot-boxes con- taining the ballots cast by the elactors at said election were short by 1,467 ballots, thero belng found in esid boxzes 1,467 lcss ballota than ihere wern registared Dames of persous voting at said election; snd WiEzEas, 1t is manifest that, by reason of the fore- going sud otuer frauds in connection with the ballots, thero was a complete 3od total failure to ascertain the will of the slectors of said town sa to wha anould A1 the town ofiices ::u said t&m: (hereinafter named) for the year 1876; therefore, be i Rasarved, That this Board, composed of -the Tustices of the Pasco_of aid town, and the Bupervisor and Clerk of said town, do hereby declaro that the eloctors of the Town of South Chicago did, at the annual town ‘meeting, on tho eaia Arst Tuesday of April, 1876, fail visor, one Town Clerk, one Assessor, and one Collect- or for the Town of Sonth Chicago, Resolved further, That we proceed {0 appoint ome Town Clerk, one Assessor, and one Collactor, to serve until tho election of town ofticers at the annual town mesting to be held on the first Tuesdsy of April, 1877 Tho resolation was adopted by the following voto: AYRS—D'Wolf, Wallaco, . Foote, ' Pollak, Summer- ficld, and Lmcoln—6. Naxs—Haines, Meech, and Gleeson. 3fr, Halnes moved the postpocement of the election to fill vacancies until Monday evening, Objections were raised by Supervisor Lincoln, and the Board proceeded & TO ELEOT TOWN OFFICERS. Justics Haines nominated E. 8. Ishsm 33 Town Clerk. 3 Justics Foots nominated W. 8, Carver. Justice D'Wolf nominated Thomas A. Moran. Mesara, Isham and Moran declined, and Mr. Carver was unanimously appointed and sworn in. Supervisor Lincoin nominated Bernard Caliaghan for Town Collector. No other nomination waa mads, and 3. Callaghan was unanimously declared e Mz, Pollak nominated W. B. I. Gréy for Asseyior, . H. Mr. Gray waa unanimously olected. ‘The meeting then adjourned at 11 p. m. —_— EVANS' POLICY. HE APPEALS TO PRECEDENT. After mearchiog around for some time for some of the defunct South Town officials for the purposs of ascertaining their- views upon their sudden official demino, Tre TRIBUNE re- porter found Michael Evans, the head and front of the party, on South Clark street in the vicin- ity of hig house. Notwithstanding his misfor- tuie, he was the same old Mike, smiliug and laughing as usual. The guestion which Tae Teruxe man put to the defranded South .Town tax-payers, * What are you going . to do about it was first put to him, and he seemed to sporeciate its mgnificance. At firat he declined saying & word, but, after a little coaXing, and after exacting a promiso from tha reporter that he would ssk o questions coucerning his legal points, the convarsation proceeded smoothly, about as follows : S g “ Can you not g3y who your tagal counsel will be, Mr. Evaos ?” 4 ) 1 do not wish to ssy. Ianticipated this move complately, aad on Thursday I consulted an eminent iawyer on my behalf, and'on Saturday I consulted o number of other lawyers, and I am thoronghly convinced that I am legally in the right,” 4 Then you intend to ight 2" - . “ Most certainly, sud to tho bitter end. Yet Ibe- lUevo that if tho Board deposed-Gallowsy, aud the otfice was offered tome, I think I chould refuse. But, aincs thoy have put the fght upon m, I have pluck cnough to fight it out." T “Upon what ptan will you fight,~on the gronnd that the Justices bave no Tight to do anythiug of the sort2” +Oh, 1o, that’s ot & faxr question, and I would not answer it anyway. ‘Chey triod the same gawo in 1853, and they did not succeed then, and I kaow they not succeed now, There 18 one potnt in this fight that the newapapers, such as the Taimpxe and I¢mes, do not like, and that is that all those lawyers who zave opinionh to thst Committee are all noted tar-fighters, and a number ‘of he prominent members are noted tax-fighters and have never puid & cent except when they bave bean compelled. Tae public ought to know wiiat sort of men havo bsan misleading them; it has not been myself or uther men like me, but mea higher up on the ladder of fume.” > “\What about that case you speak of in 16537 - ¢ Ax nearly a8 I remember the facts ars these: In 1869 & Deraocratic ticket with five Justicea of tne Peace, Cuarles McDonnell and John 81. Mooro at the hesd, and foliowad by a Town Supervisor, Joba S. Newhouse, and o Collector, which* was . sad 3 W. Pulles and Michzel Brand at the end of jt, sz candidates for the General Assembly, was faltly aud honestly elected, bug atter just sach s fight 2s the ‘present one, the Board of Canvassers, with D'IWolf at the besd, fust a3 at praseut, the on_was thrown overboard and new officors instelled, 1n overy par- ticular the procesdings were just the gsmo 25 that adopted by the Committes of Twenty-five, and_there was no more law for their action then than thersis now. Of courss our etde, the Demoacrats, fought tck, and tho course of a few weeks, & quo wWarranto writ obfained by Aelnile Faller snd myself was argued before Judge Manferre, Qeorgo W. Gage and John Lyle King, the oppoiing candidaies for the General ‘Aesembly, wera the chief kackers. Tho decision” was finally given, and was diroctly in our favor, snd re- sulted in our obtatning the offices for which we ran snd wero legslly elected. The opposing party essayed toappesl to tha Supreme Court, but Judge Manlerre scared ttem out of it by informing them that the law roquired that they should deposit a surety-bond of double tho amount of the emoluments of all the of- fices, and as they axw that the failure of the Suprems Court to reverno the decision of the lower court would involve the turning aver of the bonda 28 indemaity to the wranged officers, thoy backed out and allowed us to occupy our offices.” T han you Anticipate s slmlar result this time, do on 77 = > %0 Gertainly, the facts sre precisely the same, And now I think T huve sald enough, don't you 2" * Well, what else can be said 77" # Nothing; I won't say anything elee, andif son publish just what I have said you will not do me half justice, " Good night,” and ha dissppeared inside his own door, saying Lo was golog to bave a soun: and think it over. % GLEESON STILL USBETESTANT. Durmg the meeting Gleason looked upon the crowd aa unconcernediy as the gorged devil-fish eyos the crustaces around him. He had evident- 17 boen abstemious for severnl days. There was but little wiusky in_ his face, but his eyes were restloss, and now and then he manifested the esme nervousness that the Post.and Mail does whéh honesty deinands the suppresaion of thiev- ing. When Carver was nominated Town Clerk, Glaeson called the roll and announced the vots which yankod himself out of political existence, with a oalm and steady voice, and then he looked around with & contemptuous exprestion which attract sd the attention of all prescnt. ’ “What are you going to do sbout i, Gleeson? asked s TRIBUNE reporter, “ Nothing,” s3ld Gleeson. ‘Ave you going to get out? 3 «Not by s d—d might. I was willing ¢o resign, Jiat now they have taken this step, they csa go to oll."” t this moment Mr. Carver a ached _ with of Mr.Glee- gon. " They belong to me,” sald Glecson, *and -you eaw't have them. I bought thom, and pald for them, amd nobody can get them,” With this remark, he banded a book to a long- whiskered individual, who lefs the room under the eacort of Dave Thornton. As Thornton and the man SFith the book left the room, s TRIUNE reporter Joined them, and 1n fow minutes Gleeson joined The party. 4 solemn raid was made on the * House of David,” aud the book was deposited in he safe of that porennial institution.. - - ‘While sipping & bucket of malt, tleeson Teiterated Bia plons fntention of sceing the nisw Town Clerk and everybody else in the classic precincts of the bluest fiame that tempta sinnera -to the lowest depths of a concentrated, double-back action, fire-yroof, gilt-edgs inferno, before bo would yield an Inch oz Teaign a foot £rom the position he had {aken. As for Thornton he is becoming scared, and is busi- Iy engaged fn_preparing s Statement, half fall of vhiskyand half full of bes, fors morning paper. The siatesent will purport to feli the botiom fact of the Iate frauds, but if the statementitself bo taken into contideration, 1t will probably show in ROW far a fraud may be parpetrated to cover up stealing, ad to perpetunts the reign of the thisf. v . THE GRAND JURY. 4 LITTLE PROGRESS. The Grand Jury yesterday examined quite s pumber of witnessss in she South Town election frands; among them were Evans, Phillips, Ryan, and Gleeson, who, a5 a matter of course, knew nothing. The principal witness was Sim- eon W. King, who not only testified to what he bad seen sud heard, but presented s series of memarandas which had come into his potaession since thew election. from Police Oficer . niiig of the jcount invalidsted the election, i e b ‘statiog b 1sall possible shouid be taken to suppress 82id that tho record of the town eloction, es mode by the Town Clerk, is of no cansequencs whatever. Tho testimony snows that the elcction was tainted through- ont. Are we to decide that no one was elected. Somebody waa elected, and it would be a violation of our duty to declare that a vacangy exists. If he were o declare that thers was & yacaucy, 14 would be s vio- was of opinion that the question is ona of, ji- It secmed to him that there was a an election, and renders it nuli and void, then there was & failure to elect. Waa' there a fail- ure to elect in this cage ? “In such event wo sre clothed with jurisdiction. He then offered the of .South "Cincago on the to eloct, the following tovwn officers, to-wit : One Super in. Those others, wis after. Subpoanas were s fl.w&wfll ‘be, Officar Demorest will 0 the o 9 COmmunity, . ——— THE RESULT. LET THEX GO TO LAW, aympathy with the movement, and uiterly op- South Town, will inaday ar two, or as scon the newly-electad Assessor, the 'assessmont books of the South Town. Without them Mr. them, he must resort. to legal proceedinga to compel the County Clerk to deliver them over. Owing to the slowpess of such proceedin, some months must elapse before the matter can be- -seitled, during > which voluntarily resigned, there can be no trouble in his case, As for Evans, he too will have to' resort to legal [procecdings in order, when fall comes, to secure from ltigation which he may Institute can arrive at s con- clusion a year will have elapsed. mandamus to compel the will apply, probably, for a 4 him as Clerk. They meet Town Board fo recof Wednesday, and he their declining torecognize him, he need be snticipated from him, If ton s not abolished this fall, when the next town South Chicago will ba called to order by a man who ‘will not force upon themm a3 infamous a Moderator as thio one who presided at their last meeting. HUMOR. ° Abass-bawler: Carl Formes. “Uncle Dix's Darling : The American Flag. ‘The Ruasisn press to the ‘Czar, anent Turkey: *¢ Gobble her.” 1If Bhelby M. should bs clected Governor of Tilinois, his friends would sing, **Hail Cullom boy.” The gentlemsn of *long standing in the com- maunity ” has finally concluded to ‘‘mit down on himsalf,” The Empreas of Indls now signa ths auto- graph * Victoria™ in Indis iok, with & Delhight~ ful flourish. If a nattve of the Empire Stateis a New- Yorker, thea & native of Cork must necessarily be s ** Corker.” ; ‘Why is a three-card sharper of the colored par~ suasion like a country in Europs? Becauss he’ a Monte-negro. - Acoording toa cipher dispatch unearthed in ‘Washington, Secretary Robeson is the suthor of * Mary's ” little lamb. A great many people read tho papers Wednes- day morning to see if there was any nooss sbouf the ballot-box stuffers. . Now that Wagner baa finished his Cantennial March, why not challengs Weston for a hundred- mile spin for a **centary "'2 - Gov. Coke, of Texss, will probably be sent te the Senate from thet State. The Senste needs guch men, for there's no gas about Qoke. The young msn who bas been continuslly * tumbling to himsel " the paat winter has ef- fected a lucrative engagement with a circus. In olden times, when & criminal was tried in Englsnd, be was never questioned as tohis guilt orinnocence. Ho was tried firat, and axed af- terwards. Piper, the marderer of little Mabel Young, in Boston, is t0 bo bung in May nexi. Somo of the citizens of the Hub think Piper '‘wul not play before Moges."” It is said that Maggie Mitchell has been of- fered a position in the Philadelphis Eleven, be- cause sho is coosidered the best * Cricket” player in the country. Whan & hoodlum in 'Frisco told Dr. Aary TWalker to ‘“pull dows her veat,” she replied that it was one of her ‘‘ veated rights ” to wear it under her chin, if she wanted to. 1t is said thac a relative of Winslow's had all the money of the forger coucealed about her when he ‘was arrested, and that that is the “ goothing sirup " the London lawyera are now draming. « FUN-GLEANINGE. The warmest kind of & hat? One that's got stove in. If a bird in the hand is worth two in the bush, i8 a mole oo the face worth two in the gronnd ? Annt (in slarm): “Surely you've "eaten enough, hsven't you, Tommy?” Tommy (in doubt): **F-f-I-feel me!” Foblican: ** Your dog's very faf, sir. Pray what do you feed him on 2" Travaler: * Well, e has no regular meals ; but whenever I take a gi3as of ale I give him a biscuit, you know !** I doesn't want no lawyer. I'se gwine to tell de troof dis time,” is what a regular customer &t the Recorder's Court told His Honor wnen that functionary inquired if ha hadlegal assistance.— San Antonio Lerald. The fog has its uses in Paris, Twoservants dvere heard conversiog ; one eaid : :* What fun that fog was!" * How 80 " angwered the other. * Bocange." Tetnrned the first, * all the time I spoke to my master. I kept my haton; and xhan he snawersd me, I stuck out my tongue at im.” 9 Two Hiberniana were passing & stable which bad a rooster on it for a weather-vane, wheu one addressed the other thus: ** Pat, what's the reason they didn't pat s hin up there instid of a rooster ?” ¢ An' sure,” replied Pat, * that's alsy enomgh; don’t ye see it would be incon- vapient to go forthe eggs ?} Do not imagine, when you see one of thosa broad-cheated statesmen get up in his place on the floor of the Heuss of Representatives. that _your ‘soul is abont to be aroused by a burst of sonorous eloquence. He carries his paper of chewing-tobacco in hiscoat-tail pocket, and is too fat to reach it without rising.—Brookiyn Argus. _Clags in Natural Philosophy. Subject: **Den- sity of Bodies.” Professor (who measures ovar 6 feet) to & small-sized student : ** If I were in the air and falling, and you were directly ander ‘me and also failing. do you think, sir, you could get out of my way 77 ** Not if you were coming down honzontally,, sic.” Class lzughs, Pro- fessor ditto. * b Providence is at war with hair-dys, and soonar or Iater punishes the man who uges it. ** Bill Smatley,” sbrieked a Eansaa belle, suddenly jerking her shoulder from under her lovor's head sud -spilling bim ignominioualy on the floor, “ you can’t make = piller of me no more— your hair smeils like oid izon flin’s.”—Brooklyn Argus. A milkman was lately secking the 2id of ths police to tracs the whereabouts of s family who had left the neighborhood, awing him 18 shil- lings. **Well, I snppose there was 9 shillings’ .worth of waterin that ‘'mitk-account,” remarked the Inspector. * Thal’s where it galls me— that's whera it hurta!” replied the dealer. .“They were new customers, and I hadn't com- .1menced to weter their milk yet —Punch. 3 Good people wera vary mach tonched with the conduct of & small boy on Bhetucket street yos- terday. A large boy sttacked him and cuffed his ears, but the noble litile fellow did not strike back, (:;‘ ‘Zlmh sv;inr bo.; hl:idn He bore iv all patiently till the gona and o silyery- haired old msn mfipnua him on the hud'n;’fl given him a quarter. Then he went around the corner and licked hislittle brother till he conldn't stand up without leaning againat a wall.—Yor- wich Bulletin.j The custom of appownting young Iawyerss to defend pauper crimipals received a backsei the other day. ‘The Judge had appointed two young 1awyers to defend ‘an old sod sxperisnced horse- thief. After inspecting his counsel for some time in mience, the prisoner rose in his place and addressed the Bench : *‘ Air them to dafend me?” .Yas, air,” said His Honor. * Both of them ?" inquired the prisoner. ** Both of them," e, onded?.ho Judge. *“Then I plead guilty,” 'iull; poor fellaw-¢0ok his seat, and aighed These momorandas gave names and incidents to gus. t3in the theory set forth in. these columus yestardsy, that the ballot-boxes were tampered with by Peter Magiee, through the connivance of Evane, Phillips, and their gang, He, it ia claimed, waa in the voult when the boxes were placed thers for safekeoping. The memorands, it is aald, point to parties who know of the facts in the case,snd who will substantiate the varies, it is #aid, are cognizant of the whole facts, and will testify to how theoutraga was instigated, and by whom, and.|. will corraborate the report that the :Ionmm the vault door, as seen by the Rev, Arthur Mitchell and |’ eo had comploted his work. to decre thelr appearance be- fora the jury. to-morraw, and if the developaents prove as impartsni 2 the jury bave been led to baliere Tho resnlt of last night's work ia to reverse the position of the contestants, to make Evans and his set onts instead of ins, and tosubject them and not the other sida to the bitterness of the Iaw's delays. The County Clerk, who is in posed to the ballot-box stuffing frauds of the asthoy are completed, delivor to Mr. Gray,. Phillips cannnot make an assessment. To get time the assessment will be made. Mr. Ryan, having the County Clerk the taz-bookaand warrant of collec- tion. The Town Board, of course, will not. accept sny bond which he may attempt to fle, and before sny The same thing applies to Mr. Gleeson's case. He attempt to take his seat, Upon will ba driven to law, But Glseaon's purse 18 nt deep, and no tronbls township organiza- moeting_convenes in the foliowing April, the votars of GOSSIP FOR THE LADIES, Under the Stars---A Baboon Mothsre After-Marriage Philosophy. A Female fditor_ ou Hmdkemhl;l’—fifi‘ ing---Forewarned, Forearmeqd” ~Wenien’s Feet, =+~ UNDER THE STARS, ~™~ -~ They were going Liomo (says, the ‘8. Long Republican) at shout 11 o'clock from. . day evening mesting of the church (colared)! Ho was rotioont, bis sable countefianca’ exhity,) ing the rigidity of lineé which shoula mark thg sterner sox, but sho was talkative, and’ her cap, versstion showed her interest” in'those thees topicy dear to the heart of femininity all arg, the world—religion, other women’s dress, mony. The heavy” trample, tratiple of- hig N, 11 army shoes on tho Eleventh street sidswaly xépt time to the'music of Fer volce a3 she prat. tled feelingly : * Ob, Augnstus Crmsar, "peacy like I nebber did seem to 80 enjoy religion a1 did this ebenin’. How do preacher did jis spread out do gospel ober ua, Tk Tasses oy cakes, for shuah ! my min's eyo, Angusteg Ceeasr, I cud jes’ es de little green augeis wg blue wings a fairly wobblin' on dere goldeg chairs fur happy ! ‘Warn't it splendifferony * Yig, Mariar, it wers aplendifferous,” There followed the spat-spat of four hag feet upon the pavemont for a fow moments, and then the cg::v;mtion s rommad : 4 ** An', oh, Angustns Cmear, did ysr low-dorn, Gmoey collad female, “Hester Ao an’ pullback i’ big mont? - *Pears like she tho§ she was some! If dere’s anything I "°?'Piu. it's & low;down pusson puttin’ on_ars!, Spe ain't nobody, she ain't in 'ciety, she ain's ng Home Cizcle, ar she, fur s fask " P 13 '"k}{.“; Marar, she ain's no Home Citils,“fur § ACK. ‘The spiash-splash of four feek ensued, sy wet crossing was reached and passed, and once’ sgain the thread of speech was taken up. Thiy time ihe t:mcnro mn?ier: R ** Augustus Cicsar, as de preacher done scbboral times tor-night, e 33 e or ok best. Its moe' spring now, Augustus, an’de season of whitewashin® am at hand. ' Augnsins, + won't yor jes’ hump an’ frow yerself s0's we £it x:lul:?;d come next’ Septober, shnah? v?mfi yerdoit?” And Augustus answered, ss_he squeszed- hand : »Mariar, Tl Bamp 2" 170 Toyvet fug ABABOON MOTHER. A Mr. Hazely, in a lecture on Africa, tally thy following story: A woman belonging fo o settlement of about 150 eouls went one dayty gather some wood, and left her child on th{ ground to take careof itself. While the motheg was gone a female baboon appesred on the scene, and, espying the -chiid, approsched and began to fondle it. The child was allowad iz partake of the baboon's milk, which deprivedit of any sppetite for ita mothers. When the mother returned, she noticed thas the child way carefully coversd over with leaves, and had los{ its hupger. This was done for several dayg before the mother ascertained who perl the untbankful act. When the mother di find ont the doer, sho indnced the men of hey tribe to lia in wait for the baboom the next day. The snimal noticed ths mex raine their weapons to fire, and began to wave her hand, or paw, a8 -if cakiog them not to kil her. and, st the same tims, pointed to a young: one at her breast. Bat the nativee kulled har.! No sooner had they done o, however, than the, ‘male baboon put in its sppearance, and, b{‘: lond shout. summoned others of hus tribe to spot. Then, ina body, the animals attacked the natives, and forced them to fles to thaig Buts for safety. One of the baboons tracked them to their settlement, and the next dnv\!;uiq wera visited by about 500 baboons, who assar ed shem with cocoannts, snd compelled them to! run away from their homes. The kej » watch over the huts for severa! dava, and pre- vented the natives from returning to they dwellings. . . THE {PHILOSOPHY OF JAFTER-MARRIAGE. * ‘*You love mos no longer,” said a bride of ¢ few months fo her better-half in his gown an{ slippers, * Why do you say that, -Puss ?” hg asked, quietly removing a cigar from his lipa, “ You do not carees me, nor call e pat Bares ¢ you no longer seek o0 aoxiously fOr my coms pasny,” was the tearful answer. ‘¢y dear® continusd the agoravating wreteh, * did yof ever notice & man' running after &car 7 - How he does ron I—over stones, through mud, res gardless of evorything till he resches the ear, and he meizes hold and swingson. Thenhs quietly geats himself and reads his paper.¥ ' “ And what does that mean 2" * Avillnatrss tion, my dear. The car is as imporrant to tba man after he geta in 33 when he is chysing'it; but the manifestation ia no longer catled fox, X ‘would hava shot any one who put himself in'mj way when in pursuit of you, asI wouldngw ahoot any one who would come betwsenui; ‘but as & proof of my love you insist on my rane ning after the car.”—Exchange. - A WOMAN-EDITOR ~ON .-HANDKERCHIER i FLIRTING. ~°~ The Zadies’ Bureau, of Marshslitown,-Is; &aya : The Oskalooss Herald tzkes a toxt from the flirting cambrics of some. of thé Coal City belles. We have a fow idiotic girls here in oue town who have been guilty for soma tim of street-flirtations with Chicago drummers aid other strangers. And the girls are committing these improprie in the face of rapestsd warnings by tkeir friends. As mon cheramf always tells the whole traneaction in the differs ent hotels and on traing. Marshalltown is scane dalized a8 well as the ladies. At 'the riskof beinz considered ‘‘unehzritable” we will pubs lish the names ol every young lady that come mits thess unpardonable broaches of demeagor. Talking from mothers acd friends seems to-dg no gocd ; we will try z new plan with tGess belonging to our most respectable famili FOREWARNED, FOREARMED, _ .v * Who in the mischief has ordered such boolk as that ?” casrusliy asked a young man of:big shoemaker, pointing to & colossal pair of No. mug-smashers. with inch soles, and: o rounded off like the bow of a Brooklyn femrys “Them? Oh. them’s for Mr. a8 he sxpected to do some heavy kickin' in or two, he bad 'ex made &' purpose.” The young man turned.pale as he mmfld the name of his dulcinea’s father, who bad pe+ empsorily ordered him off the front stoop s fef nights befoze.—New York Commercial WOMEN'S FEET.. Ayl A letter from an ‘“Anatomist” to.thedef Mofnes Register says: Thero is a gress deal ‘nonsense talked about.women's feet. I¢ it enough that a f0ot should bs small ; it most D besutifally proportioned-as weil. The ‘instey must be tinely arched, 8o that water. ¢onld. 6 under it when placed neked upon X The heal mast be amall and pink, the. a6kt firm, the pailaTosy, and the procsases''of tht bones indicated rather than distinctly show. 1t must present no callosities. Whon * thase 18 quirements are bresent, the size is not of- importance, though a detached fomsts fool should not weigh at the outaide more than;i¥0 and & half ponnds. % Ry . AN OLD OPINION.” < Alitsls volame printed in London, 1670, 85 entitled * Pemale Pra-eminencs; ‘or, thé, Digt nity and Excelloncy of That Sex Above bt Male,” contains this passage: *:If any e pulous heads should doubt of womsan’s sbilities to dispatch ail those affairs which are, transscied by meu, we aball find by examplel that mever any difficult’ offics was maasesd bazardous undertaking attempted, or bravé, enerous exploit achieved by men, but the ssmé ath been performed as famously and with's¢ much dexterity aod success in every respect bY women.” 5 = s 2 FEMININE NOTES. , Aun Albany (N. Y.) gitl, despairiog of suopare ing berself, took R. Snick—for a husband, ' Lake to_like—Married at Harrodsburg, Kts Mr. Harry L. Oramp and Miss Nettie Kollock- Fastidions Young Lady (who has just had tbt entire dreas-goods department dispiaved): Il call again next weok and look through all ySuf Dpew spring goods.™ 5 A Massachusetta girl had an sttack of b aw {rom using chewing-gum. After physicizos had given her up, body called ber, “rod-hosded,” and that cared ber. - A young lady who had an offer of mmz: from a Mr. Moore, wrote to him sod ssked time 1o consider the matter. The IM": mus.." and. brief, closing with ** No mare Lee, wid ber lammin’ ribbons and stuck-np airg