Show if his gains owing to miscounted ballots keep increase kew york dec 1 the recount of ballots in five ballot boxes used in new yorks contested mayoralty election was ordered to be begun today by justice amend in the supreme court justice amend modified his original order so as to limit the canvassing to the candidates for mayor comptroller and president of the board of aldermen and also to eliminate from the recount the void and protested ballots district attorney butts engaged in a heated argument before the boxe ere opened alton B parker for mayor mcclellan and mr butts contended that the court had no right to make a re canvass ot the votes or to reconsider the result but could compel the election inspectors correctly to state the result they had reached on election night you mean thea said austin G fox for mr hearst that you do not want the true vote as certified and that if abote tor hearst has been counted for mcclellan you dont want it known 1 I mean retorted mr butts that I 1 want the true vote ascertained according to law and how may that lie done inquired mr fox by quo warrant proceedings was the reply and such proceedings can only be undertaken after january I 1 commented mr fox 1 I see mr parker declared that the court had no right to throw out any ballots which bad been counted by the election inspectors justice amend ruled that he is from questioning the validity of the ballots and that they must be counted as cast the first ballot box was then opened uy inspectors in the court room and the recount was begun with the representatives of the newspapers occupying the scabs scats reserved tor jury men the opening of four ballot boxes and the recounting of the ballots was finished tonight before justice amend the net result was a gain of 17 votes in the four districts for hearst all of these being gained in three districts one district was found correct as far as the accredited votes tor the three candidates was concerned the opening of the fifth ballot box that of the second election district of the sixth assembly district was put off by consent of counsel for several days in this district a jerome watcher has made affidavit that 31 protested ballots are in the box that were counted for mcclellan under justice acenas amended order these ballots cannot be passed upon by a justice as to their validity so an appeal will be taken next to the ap of the supreme court asking for a ruling as to tho right of the hearst counsel to protest these ballots on the recount in the district that the count was found correct the tenth election district of the second assembly district it was claimed by the hearst attorneys that they found that the sa void mcclellan ballots and seven void hearal ballots henry M yonge of counsel for hearst said tonight the results thus tar have shown that the inspectors miscounted the split ballots to the gain of mcclellan and the loss to mr hearst we have reason to believe that the fraudulent count exists through the greater part of the city of new york it it turns out in other districts as it has in those examined today mr hearst Is elected on the recount |