Wilmington journal., 1876-01-21
l0lilnlinyton younal,
cnarged With >GAyimg an EIec
tIOla.


u,n Geo. D wis and Col. Robt.
ctronoe appeared with tile Solicitor
tnr the State, and Adam Empie Esq
Gol VIM. l.. Devane, and john l.
Holmes Esq appeared for the de
a ter the counsel for the State, and
.ha defendant had announced their
raadiness, the States c..unsei pro-
,oId.d to challenge individual jurors,
Skino the question whether he pe-
sanaed to a secret society. gotten up by
.ba defendant for his defense None
snowering in the affirm ,tive, the State
a'rrbousted it's number of preremtorv
Tba defendant did likewise and
.uelye men being at length chosen
.bsv were sworn andimpanneled.
The Hon Geo. Davis, read the bill OF
" L. Smith, james F. Post, and
lanes G.. Lumsden were sworn for the
State.
stand stated.
Was one of the challcngers at the,
2nd Ward. at the Court House. The
voters were +, qnlred to go through
the passage to the r. ar OF the Court
House, and deposit their ballots
through the window. Lumsden and
Jackson We're the pO!l-hotders- L know
Il man bv the name Of Burnett, who
came to vote and gave his name as
Proc.or. His vote was challeug, d and
rejected for some cause not now recOl-
lected. Moore came ~ and demand
ed to know why Proctcr's vote was
rejected He was told the jndges
had rejected it. He then stretched
his han0s across the window and said
he be damned if another vote should
be cast until Proctor was allowed to
vote. He obstructed the election for
{ minutes or half an hour. Stood in a
threa'e nug manner and sWore that not
au0th,, vote should be cast. 1t took
about half hour to allay the distur-
banc- The election was interrupted
for at least five minutes. This was
about Douglas vote.
Now about Proctor s vote:
challenged his vote and he was re
ouired to go and get some evidence
that he was twenty-One years old.
Moore came into the room with Proc
tor and tlourished around, dusturbIng
the election to Influence the poll hold
ers to take Jn6 FOCe.
When Moore put his arms across the
window there was such a tunult, and
Mu0re's manner was so violent and
outrageous that I appealed to O'Con-
nor to have him arrested. There was
man at his back with stick in his
hand, named Mallett. There was a
large crowd. he white people shrunk
back from the window, and the colored
people took possession Of it. This
lasted for five minutes-interruet eting
the election for that length of time.
Gross examed by Mr.. Holmes:
Proctor was examined inside the |
room, and it was some time after ne
was rejected that the disturbance out
side at the window took place.
Douglas was light colored man.
Douglas proposed to vote before
dinner; SO did Proctor. The decision
of the poll holders as to every vote
that was rejected gave rise to violent
excitement.
Moore stood at the window with his |
arms across it, and prevented any one |
from voting. It was the voting time, |
and while Moore was there no one |
could vote, without getting under his
arms. There was great disturbance,
and | thought serious riot was lmin
ent The voting was stopped in con
sequenceof Moore's stretching his arms
across the window. Moore was not
s;lenced until the window was shut
down.
Direct examination resumed by Col.
Strange:
1t was about half an hour after Proc |
tors vote was rejected, before Moore |
came to the door. Moore could not |
be silenced until the window was
closed.
The State rested its case here.
The defendant opened his case,
swearing large number of witnesses.
Charles Mallett took the stand. Il
was at the polls, down stairs. all the
time, but l don't know Douglas /
was present when Proctor came to
vote his vote was challenged by Mr..
Smith, as to his age. He was advised
to 90 and see his mother he went off !
and brought paper.
(The question was here raised and
discussed for the third time, as to
whether or not it should be allowed to
be proven whether or not Proctor dtd
vote. The Judge ruled that it vas i'm
materia whether Proctor voted or not.
The Question for the jury was whether
tie els rtlon WAS stayed.)
Til re was no COlse or disturbance
at the tin Proctor was there. Only
two men were there while Proctor was
there. These both voted. There was
no time during the day that there
was such an obstruction at the wlndO Y
SIS to prevent the election. L was
standing near the window, and could
see it all day, and saw no disturbance
and heard no complaint that any were
prevented from voting. Moore was
present only a short while, and there
was no distur bance while he was there.
There was policeman there, aud no
arrests were made.
By Col. Strange {:
never heard of Robert Douglas.
Moore never had his arms stretched
across the window he WAS standing
at the side of the window leaning on
it. This IS while Proc tor was there.
Edward Telfair:
was present at the elt ction at the
time spoken of was not present at
the time Proctor or Douglas was there.
At the time | voted there was no dis
turbance.
Geo. II. Jackson
was poll-holder at the election IN
question. Swear that Moore did not
have his arms across the window. DO
mol know of any force or violence Used
by Moore I was inside, Moore was
outside and | heard his voice talking.
There was nothing to prevent anyone
depositiag his ballot. l know of no
force or violence used by Moore; L
heard him talking outside.
By Col. Strange:
/ remember Proctor coming to vote
and he was sent off to get evidence as
to his age. Recollect a man by the
name of Thomas Douglas. whose vote
was challenged. Moore was not there
then, Moore and Price came there
afterwards. Saw Moore have his
hands raised behind Price and Doug
las. I did not see him pnt his hands
across the window. Heard Moore
talking in an angry manner in the pas
sage.
Question by Col. Strange-Was 1t
not one of the quietest, most orderly