Daily Republican., 1879-11-19

and Madison streets, In Western district
Of Fifth ward know O'Donnall; hs
voted at election do mot know where
he lives said he lived "all over town"
when challenged ON residence; made
no claim Of living In district.
II. H. McAullsn, sworn WAS pres.
ent at last city election OF Wilmington,
held on September ID; was not present
at FIFTH ward polls know O'Donnsll
saw him vote 1t First ward polls.
Counsel for the defence again objected
and argued that the defendant Was be-
ing tried for illegal voting 10 Fifth
Ward not First Ward. The court de-
cidsd the evidence out Of order.
Daniel Y. Stewart, sworn:-ReSids In
the city Of Wilmington; was not present
at Filth Ward polls; know O'Donnell;
he attempted 10 vote at Tenth Ward
polls; do not know where he lives;
when hs was challenged on residence
he replied ps,t he had . d-n site
better home than At l03 4. Water
street.
Chas. b. Woodward, sworn:-Reside
| in city Of Wilmington; was present at
election in Fifth ward; saw O'Dcnnell
vote; do not know where he lives; said
he lived "all over town."
George Crawford, sworn:-Resids In
city Of Wilmington; did not see O'Don-
nell vote in the Fifth ward; he lives
at lO3 X. Water street; he resided there
on the day before the election; 1t is in
the Second ward; second election dis
tinct; Donnell is bootblack. He
had no other home; saw him come
out Of the house on the day before the
election; the State here closed.
Charles Thomas for the defence
sworn Reside In the city Of Whining
ton; am police officer know where
Hannah Brown lives; know O'Donnell
did not reside there; about the 10th
day of May or June had occasion "a
arreut O'Donnell; Hannah Brown heard
of his arrest, and informed me that she
would not allow him TO come around
there any more; never saw O'Donnsll
there since.
Mr.. Sharpley, for the defence, then
addressed the Jury. lie said the fact
that O'Donnsll voted at tho west dis.
triet of the Fifth Ward was not denied,
but he did deny that the State proved
that he had no right to vote. Mr.
Sharpley then reviewed the evidence tt
show wherein the State had failed u
prove O'Donnell's residence. He told
| MIR. Roberts that he lived all over town,
and he told Mr.. Stewart that he had
better home at No. l03 East Water
street than he (Stswart) had. Mr.
Craw ford said he lived at No. l03 East
Water street, but he had only seen
him % in and out Of that place Al
others we're in the habit OF doing.
Officer Thomas said that since May
or June o. Donnell had not besn seen
about there by him. Since that time
ODonnsll had plenty Of time to get two
or three legal residences for voting and
It was not shown that he had not . re-
: sidsnce in the Western district Of th'
Fifth Ward. Having laid these facts
} before the jury he confidently olaimet
| q verdict Of acquittAl for the defendant
Attorney General Gray then ably ad
dre ,sed the jury for the State. Mr.
Gray's address was an able and elabor'
ate one which appealed directly to tn
honest convictions Of the jury. lie re
fsrrsd to the defendant yet but boy
! and though but boot-black pickinl
r up five cents here and there, and II b
made his money honestly he was enti
, tied to respect. A wandering Arab,ap
. parently without home, his condition
appeals to our sympathies, and far b
. Il from him that he should do anything
! to bring the poor boy into trouble with
oat cause. Mr.. Gray then showed tha
, the interests of the community had ais
} to bs protected and If the election
we're allowed to be corrupted tn
: liberties Of the country would b
undermined and there would be 81
end TO arepublican form Of Govern
ment. Mr.. Gray then ably reviewed
the evidence claiming that 1t was clear
ly proven that O'Donnell did not liv
in the district Of the Fifth Ward il
which he voted. II, said Mr.. Gray Ii
, had a residence in that Ward, HI
would have hal witnesses here Il
r prove that fact. Mr.. Gray eloqusntly
, closed his address by showing the i'm
portance of preserving the purity of cleo
tions and If they believed the detendan
D guilty OF the offence with which he Il
charged, no considerations OF sympath!
t for his lonely condition should preven
a verdict Of guilty from being rendered
Chief Justice Comegys charged thu
Jury at considerable length in which hi
7 reviewed the evidences adduced, ant
: which indicated that O'Donnell was no
: a resident of the Western district o
, the Fifth ward. The purity and sacred
4 ness Of the ballot he said should be pre-
? served, or II it was not, and fraud anc
. oh hsatery we're allowed to triumph, i
would destroy all the rights that th'
, exercise Of elective franchise confer'
: upon American citizens.
He was however free to say to the
Jury that II there was a doubt In theil
minds in regard to the residence OF tn
l defendant he was entitled to the bench
1 of that doubt.
The bailiff being sworn the jury re
!; tired to their room at Cos O'Clock ant
t returned at 6.55 with q verdict o
guilty.
At tho Union.
DR.. Natlack preached at Union M
: z. church last evening and again peni
!; tents presented themselves for prayers
. This evening Rev. Mr.. Young vii
!, /, preach, and cordial invitation is ex
! fandsd 10 the general public and tht