Tuesday, April 12, 2016

STATE COURT OF APPEALS DENIES RUFUS PECK'S ELECTION


The Cortland Democrat, Friday, January 1, 1892.

PAGE FOUR/EDITORIALS.
   The Court of Appeals, the highest Judicial tribunal in the State, handed down its decisions in the contested election cases last Tuesday. The decisions are entirely satisfactory to the Democrats, and ought to be satisfactory to all citizens, as the law was very plain in each case. Sherwood, the Republican candidate for Senator in the Steuben district, is declared to be ineligible for the reason that he holds the office of Park Commissioner of Hornellsvllle. It will be remembered that the Attorney General of the State gave his opinion immediately after Sherwood's nomination that he was ineligible, and the Democrats posted notices of the fact in every polling place throughout the district on election day. Rufus Peck, the Republican candidate for Senator in this, the 25th Senatorial district, is held to be defeated on the ground that over 1200 Republican ballots in the county of Onondaga were marked contrary to law. In the towns of Clay, Camillus, Elbridge and Tully, the Republican ballots were changed about so that the ballots indorsed "first district" were sent to the second district and vice versa. This enabled the Republican watchers to know whether the voter cast a Republican ballot or not.
   The law on this question is as follows and is very plain:
   "On the back of each ballot shall be printed in type known as great primer Roman condensed capitals, the endorsement "official ballot for—" and after the word "for" shall follow the designation of the polling place for which the ballot is prepared, the date of the election, and a fac-simile of the signature of the county clerk. The ballet shall contain no caption or other endorsement, except as in this section provided."
   This decision will send Ryan, Democrat, for Member of Assembly in place of Munro, Republican. Derby, Republican, for Senator in the Rensselaer district will have the certificate, but Collins, his opponent, says he will contest the election on the ground of fraud when the Senate meets. The State Board of Canvassers were given permission to canvass the Mylod returns in the 15th district, which will probably seat Osborne, Democrat. The decisions will have the effect to warn all parties to conduct the elections in strict conformity with the provisions of law. When this is done there will be no trouble about the result. The DEMOCRAT is not in favor of taking advantage of technicalities in elections, but it is in favor of a strict enforcement of the law governing elections.

   Peck's friends are very bitter over the result. So far as we have heard they are not finding much fault with the decision of the Court of Appeals, but some of them charge that the mixing up of the ballots was done on purpose by some one in the Onondaga County Clerk's office to insure his defeat. They swear roundly whenever Jim Belden's name is mentioned and are sharpening their tomahawks and getting ready to take his scalp at the very first opportunity. The probability is that the mixing of the ballots was done on purpose and was a part of the scheme to help pull both Peck and Munro through, both of whom were in danger of defeat. It acted as a boomerang and defeated the parties it was intended to help. Honesty even in elections is the best policy.

   The Democrats will have a comfortable working majority in both the Senate and Assembly. This result insures a new census and a re-apportionment, that will be fair and just instead of one-sided and unreasonable like the present apportionment.

Is Hiram Baker Neglected?
   Last Monday the Cortland Journal published a communication signed "Citizen," calling the attention of the people of this village to the condition of Hiram Baker, an inmate of the county Jail. Baker, it will be remembered, was sent to Jail a few weeks since on the charge of attempting to outrage the little daughter of Mrs. Sullivan, a full account of which was published exclusively in the DEMOCRAT at the time.
   "Citizen" claimed to have visited the Jail and here is what he says he saw:
   "There on a cot, scantily covered with clothing, lay an old man upwards of seventy years, apparently writhing in the agonies of death, with no one to minister to his wants, except a kind hearted inmate of that institution who requested the writer to call the attention of the public to this sad case."
   The writer of the article was undoubtedly a well-known reporter of the Journal and it was intended simply as the foundation for a sensational article on the same subject published in the Journal the following day.
   In the reporter's second article he says: "For a man in his condition to spend day and night with no one to respond to his call for water or other necessities is not pleasant to think of," and again the reporter says:
   "His cell was dark and at his request. Officer Goldsmith lighted a lamp that stood on a table. As the rays fell across the face of the dying man, it showed a pair of sunken eyes peering from beneath bandages, and blue parted lips that were parched and feverish. He breathed with difficulty and in fact his breathing was hardly noticeable. He begged to be taken where he could have attendance and care. He said while he knew he was dying and could live but a short time he wanted to die as easy as possible."
   Then follows a detailed account of the chicken-hearted reporter’s endeavors to get the old rascal out on bail and his failure on account of technical difficulties.
   The DEMOCRAT saw through the cheap scheme at once but to make matters sure the editor called at the jail Wednesday morning and asked Sheriff Borthwick if he could see Baker. He was promptly taken to the cell or room occupied by Baker. The old man was bolstered up in bed and had more covering than he used. His eyes were not sunken, neither wee his lips parched or blue and there seemed to be a total absence of feverish symptoms. He seemed to breathe quite naturally and without pain. The room is not an unpleasant one by any means. There was a comfortable fire in it and a large window that furnished plenty of light. In fact it is a much better room and more comfortable than many people can boast of who own and occupy their own houses. He has constant attendance by an excellent nurse, who looks after his wants carefully. He gets away with considerable oyster soup dally and seems to particularly relish the milk punch, all of which is furnished and paid for by Sheriff Borthwick, out of his own pocket. Baker is able to get up and walk about the room and through the hall, and Dr. Dana, who attends him, says his pulse is and strong and that his feebleness and inability to talk when strangers are in the room is mostly assumed. His attendants say that he talks well enough when others are not present. Baker is suffering from a partial shock of the right side and his right eye remains partially closed partly owing to the shock and partly owing to the pounding he received at the hands of Mrs. Sullivan. He does not want for anything. He is as carefully nursed as he would be in any hospital and he lacks a good bit of being in a dying condition.
   While disclaiming any intention to injure Sheriff Bothwick, the Journal prints such rascally lies, knowing that the stuff would have that effect where Borthwick is not known. Those who know Mr. Borthwick of course do not believe he would allow any human being to suffer so long as he had power to prevent it. If there is a man in the county that would go further to relieve the sufferings of the unfortunate than Harlow G. Borthwick we must confess we haven’t met him. This is his reputation wherever he is known and his life thus far fully entitles him to the record. Borthwick probably has faults with the rest of mankind, but want of sympathy is not one of them. We haven’t heard people find fault with him for treating his prisoners too kindly, but the Journal is the first to discover that he allowed them to suffer for want of proper care. In its efforts to get up sensations the Journal seems to care very little whose private character is assailed.

Change at the Messenger House.
   For some weeks past negotiations have been in progress looking to a change in the proprietorship of the Messenger House in this village. The negotiations culminated yesterday, when Mr. O. L. Ingraham purchased the entire interest of his partner Mr. Delmer Bauder, and from this date Mr. Ingraham will be sole proprietor of this popular house While the house has been practically under his management for the past year and a half, he has demonstrated the fact that he knows how to cater to the wants of the traveling public and the guests of the house all pronounce him a model landlord. We understand that the old corps of assistants will remain with Mr. Ingraham, and that considerable improvements in several departments will be inaugurated in the near future. Mr. Bauder has accepted an engagement to travel for a large wholesale house in New York and will at once enter upon his duties. His many friends in this place will wish him success.

Hitchcock Hose.
   If you want to spend a merry New Year's, you can't do better than to attend one or both of the performances given by the Hitchcock Hose Co. at the Opera House, on Jan. 1st, 1892. An elegant comedy and musical programme will  be presented under the direction of Mr. [and] Mrs. J. H. Snyder, the comedians, who were here last fall with the Mitchell Co.,  and made themselves favorites by their clever acting and singing. They will be assisted by the beet of our local talent, and a genuine comedy and musical treat is assured. A presentation matinee will be given at 2:30 P. M., Friday, on which occasion each child attending will be presented with an elegant toy. No blanks. The prices are within the reach of all and from the way the reserved seats are being taken, crowded houses will be the rule. Reserved seats can be secured for both matinee and evening at Wallace’s.
 
 

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