Wilmington journal., 1876-01-21

high, about twlc as high as the win
dow just used as All illustration.
The election was stopped Is or q
minutes by the conduct of Moore Oh
that occasion. Moore's conduct was
as above defcribei, violent and threat
enlng and Was the cause of the OBJ
structioa. This is not my me i'm.
preston, but fact that I witnessed.
Col. Roger Moore-Was there as q
challenger. saw Moore come up to the
window and used very violent Ian.
! guage. The crowd around the window
Was SO thick and threatening that any
one attempting to vote, would have
imperriled himself The defendant
| Moore, awore that no one else should
vote until Douglas mad voted The
witness stated that he rem pnstrated
with the defendant at his couduct, aud
told him that he, as peace officer, a
! Justice of the peace. as he was. should
! exert himself I see that order Was OBJ
served. Instead OF being the rlngleader
In disturbance at an election. The
! election WAS stopped some Is or 90
minutes and 1t was owing to the vio-
lent and threatening manner and Ian
| guage of the defendant Moore.
! Mr.. Andre ws-1 was a challenger
at the znd ward polls. When Douglas
| presented himself L challenged his vote
| When this was done, Moore with II
STICK IN his haLd. aud Maliett, and
others, swOre that no one should be
allowed to vote until Douglas voted
Matlet and Moore were very violent.
Moore threw his stick down aud de-
Glazed that no white man should be al
lowed to vote,,until Douglas voted
T. IL
Moore and Mailett we're talking to me,
when Col Moore and Mr.. Holmes told
ma no to take notice of this, at the
t me, but that there would be better
opportunity to take the matter in
hand at some future day.
Examination resumed by Col.
Strange-These men were abusing me
for challenging Douglas vote.
Mr.. Bouy testified. [ was there as
a challenger. Saw Mr.. Andrews chal-
lenge Douglas. Poll-Holders objected
to his voting, and then Moore came
up aud said that Duglas was entitled
to vote and sw"re he should vote, that
no one should vote until he did. His
manner was very violent and exciting
Moore excited the crowd. l was "fraid
of the crowd and got outside of it.
Cross examined by MIR. Empie-Any
one attempting to vote at the time
would have endangered himself. |
would not Lave attempted It. I got
out of the crowd as protection. No
one could have voted peacably and
quiet tly, and this lasted ten or fifteen
minutes.
The testimony for the State here
closed
His Honor stated he would hear two
counsel one for the State and one for
defendant.
Mr.. Empie for the defendant op ned
the discussion. He argued to the court
that the statute under which the defen
dant was indicted being penal statute
it must be construed strictly, ard
that unless it was shown that the poll
holders were assaulted or delortDed of
the ballot boz, in this instance the de-
fendant must be acquitted.
Judge McKoy-Suppose the court
house had been surrounded by an
armed mob 1t was not necessary that
physical force should be directed to
tine poll-holders, to cause a stay of
an election.
Mr. Empie then res to the Court,
the instructions which he would ask
His Honor to charge the jury.
He then argued to the jury, the
facts of the case.
He recounted the testimony offered |
by the State and the TESTIMONY offered |
by the defendant, and having done SO |
said it was n. cessary for the jury to
reconcile the testimony of the two |
sides to each other, in order to cor
SO reconcile tue testimony, it was their |
70 ln 4(,1t if fl,iG Md # |
be done (and he argued that it could |
not be done), then ir.was the duty of |
the jury to acqult.
Mr.. t.npie's argument lasted about |
abont one honr, AMI we make no at |
tempt at even synopsis of 1t, as we
do Lot that of Mr.. Davis, who fol- |
lowed. |
Mr. Davis followed in reply to the dc.
fendant's counsel. He lid 1T was now
necessary, after his Honor intimation
of how no should charge, to argue the |
construction of the statute under |
which this indictment was had. But |
he thought it might be desirable to |
show how little Of force there might |
be in tie instructions prayed for. MIR. |
DAVIS then discussed the statute with |
great furce and learning. The offense
charged was staying an election, and II |
1t can be shown that this was the case
in 1iie cause now OH trial, then the |
defendant must be convicted.
Tie trial of this case Was not only |
the trial of William Fl. Moore, but it |
xteuded much beyond that, and went |
to tiye foundation of our government
-thA maintenance OF the purity OF the
ballot box. The ballot was the great
high court before which the criminals ,
agInst the COVER nment must be trled
Ia Il monarchy, if its laws are violated.
the Crown brings his soldiers to see
that they are observe d. In re-
publican form of government the rem
edy was with the courts and ballot-bOx.
If member of the Legislature, or OF
Congress. failed to do his duty in his
representative capacity, he vas pun
ished at the ballot box and another
chosen in his stead. 1t was all
portant that the purity of the ballot
box should be maintained.
The testimony of the State was gone
through with. Six witnesses had tes-
titled to the facts-that Moore spread
bis arms across the window. swearing
that he "be damned if any man should
vote" Mr.. Heaton, Mr.. Manning, and
aud did not see it, But how long were
they there? Not more thai l5 min
utes, any or all OF them. Although
these latter. had testified truthfully
it did not follow that the six witness'
who testified affirmatively had sworn
falsely. On the contrary you can be,
leye the testimony on both sides, and
if you SO believe, you are compelled
to lind the defendant guilty.
The six witnesses for the State are
men of the highe It respt ctability, and
His Honor would charge you that If
| YOU believed them you would be COM
PEELED o convict.
Mr.. Davis spoke for tLree-fourths OF
an hour, i'll arguing the facts OF the case
to the jury-but as stated, we make
no effort to give even synopsis of his
speech. which not only enchsined the
attention of the Court, the jury and
the bar, but of the large crowd that