Daily Republican. [volume] ([Wilmington, Del.]) 1874-1890, 1880-10-16
FOURTH EDITION.
raE NINTH wARD CASE.

Special Correspondence Of the Republican.
GEoRoETows, Oct. 16.-In the Cour
In session here argument came up at
O'Clock Yesterday on the rule asked fo
BY Messrs. Higgins and Bradford OF
Tuesday last, TO show cause why O wri
ofmsndamus should mot be granted II
the Ninth Ward election case in vii
mington. Messrs. Higgins and Brad
ford reached here by the train leaving
Wilmington at 025 O'Clock, bringin(
with :hem as witness Lindsay L. Pierce
Republican assistant inspector at the
election, Frank K. Gallagher, Republi
can clerk, and George B. Lewis and
Charles Grisr, who witnessed the re-
fusal Of knight, the Democratic inspec
tor to give certificate to Ziba Ferris,
the inspector elect.
knight came down Thufsday, and
hss been In consultation with his coun.
sci. After some preliminary skirmish.
ing as to whether the court should al
once proceed with the mandamus case
or go on with other business, 1t was de.
cided TO take up the case. Anthony
Higgins and K. g. Bradford, Jr., Eos,
appeared for the rule and A. L. Robin.
son, Charles N. Cullen and John H.
Paynter, Esqs., against IL.
Mr.. Robinson for defendant intro.
duoed three afiidavits, which he put in
evidenos--one from Edward c. Knight,
the inspector, one from George W. Ken
needy, ST., the Democratic assistant In
spector and one from Jesse u. Johnson,
Democratic candidate for Inspector Of
Election, setting forth, substantially,
that Of the election held ON Tuesday,
Dot. s, for Inspector and Assessor,
after having ascertained the state Of
the vote, three certificates were made
out, setting forth that Jesse U. johnson
had been duly elected to the ofios of
Inspector. ( 4
After some argument the counsel for
the rule obtained permission 10 supple
ment the facts, set forth in the kfids.
Wits previously introd aoed, With oral
proof and first called Frank E. Gala.
CHER who testified In substance that at
the election, at which he was clerk,
that during the counting,off knight
opened the tickets, Kennedy read them
of and Pierce announced them while
George NJ. Pike, the clerk, and witness
kept the tally list. The result was
found to be Ziba Ferris 204 and Jesse
y. Johnson 203, while for Assessor No.
Call, Democrat, received 204 and Sa.
Vile, Republican, 203. When the re-
sult was announced knight said, "Yes,
Ferris Is elected by one majority"
After that knight made the announce
nent that Ferris had been elected and
ssid to the crowd outside, "They've
beaten us and elected Ferris by one
With reference to the certificates
witness said he had prepared them in
blank form during the afternoon, leav-
ng space for name and number of
votes. When the tickets had been
counted witness asked the clerk Pike
% fll up the certificate with the name
If Ferris, and, receiving an Affirmative
answer, stepped into another room. He
thought the blanks had been filed,
md SO did the Inspectors who signed
hem with that understanding, and he |
lid not think To look. Witness asked |
.fter the certificates had been signed,
who will deliver this certieateH
might replied" / will deliver II to
dr.. Ferris in the morning. The wit
1855 had not heard of the fac. that
FERRIS name had not been filed in
Until the following Saturday, and that
lay he met knight who said the osttiti-
ates were in blank when he took them
o the city Hall, where the Board of Can
ass met. Knight used these words.
Il had nothing to do with it. The
,oard Of canvass threw out Sam
,oyls's vote because he was non-res-
dent and had to cast the vote and
ave It to Johnson" Witness asked
might how he knew for whom Coyle
oted. and knight answered that he
new Coyls was Republican. Furth-
r, the witness testified no great objec.
lon had leen made to Coyle voting
nd his vote was taken by consent OF
Il the election officers. 1t was under.
TODD that the certificate, when signed,
Tas for Ferris.
In cross examination, counsel against
he rule, scored a point upon the list
voters, which witness had kept at
he election, and which he had produe.
d. The list contained 407 names, and
be result, 204 votes for the Republi.
ans, and 203 for the Democratic oandi-
ate, Ms claimed, made this number.
t was admitted by the witness that q
ouble Republican vote which was
aft, had been thrown ont, which made
discrepancy, and the counsel for the
nile argued that there shoald be 4OS
otss ON the list. This only affected
be case, however, so far ss the slight
roof of the number Of votes cast as
hown by the list went, and this was
when IL was stated that
le double ticket was for the Republic
an candidate.
Lindsay L. Pierce was examined and
is evidence was oorroborative. He also
,ated that he thought he was signing
certificate, declaring Ziba Ferris to be
ected Inspector when he signed the
apsr. |,
Edward c. Knight was called by the
,unsel for the rule, but Mr.. Higgins,
no conducted the EXAMINE alton declined 1
, question him, Mr.. Robinson having
,quested tue Court to state that he
as not bound to answer any question
hich would be likely to submit him to :
riminal prosecution or penalty.
The clerk Pike had been summoned I
nd was called but did not appear. 1t :
as thought in Wilmington yesterday !
lat he had left the State. 1
Mr.. BRADFoRD's ARGUMENT.
Mr.. Bradford then made the opening