The daily gazette., 1880-02-04
FIRST EDITION.
Court of "Quarter Sessions"

ELECTION CAsES-WILL1AM zEIGLEI
CONVICTED, AND sERGEANT DoLAS
DECLARED NOT GUILTY - orHEI
CRIMINAL MATTERs DISPOSED OF.
Specially reported for the Gazette.
New CASTLE, Feb. 3.-The case o
State vs.. William Zeigler was on lria
to-day, when the report in the late edi
ion of the GAZETTE concluded. The
evidence for the prosecution went tC
show that Zieeler voted In both the east
aud west precincts of the Fifth Ward
The defense showed that Zeigler was
drunk at the time. The testimony ol
Edward Singles reached the fact that he
was q qualified voter In the cas- ern pre-
cinct Of the Fifth Ward. The defense
of intoxication was carried out to COLI
siderable leugth, and several witnesses
testified that lie was wildly drunk.
The evidence having been concluded,
Mr.. Gray argued with great force TO the
jury, claiming q verdict Of guilty from
he undoubted fact that Ziegtr did vote
in both the precincts Of the Fifth Ward,
and was surely not qualified voter Ia
the west precinct. When Mr.. Gray con-
cluded his address court took recess
until o'clock.
AFTERNOON SESSION.
Court reassembled at 3 o'clock.
Argument In the Zeigler case was re-
sumed, and Mr.. Sha pley spoke In favor
Of the prisoner. He did not claim that
the prisoner had not voted, and did not
hold that the vote was legal, but IL was
clear that he was not responsible for
what he did; but, being very much in
toxicated, he was made the tool Of 9TH
ers who pushed him up to the window
where he cast his vote, not knowing, ~
reality, what he did. A man in such a
condition could not justly be held re-
sponsible.
Mr.. Gray In closing, said that no mat
ter how much excited the prisoner was
from liquor, he must suffer the c0Dse-
queues Of his act, the law not making
drunkenness an excuse for crime.
Chief Justice Comegys charged the
jury, calling attention TO the fact that the
principal allegations IN the case were
admitted by the defendants counsel but
a plea Of Iptoxication was set up, and q
claim made that the prisoner did not
know what he was doing. One fact Ia
stated in the evidence, aud that Is that
when asked at the polls where he lived
he replied that his father had driven him
from home and he now lived in that pre-
cinct. II the jury believes he knew What
he was saylrg it is quite reasonable t.
suppose that he was not so badly intoxi.
Gated. The Court went on at consider
able length, and particularly impressed
upon the jury the fact that drunkenness:
was no excuse for crime, unless the nc
cused was so much intoxicated that ht
did not know what he was doing.
The case went to the jury at 1885,
O'Clock, and at 4.15 verdict of guilty
was returned.
Ziegler was sentenced 10 pay fine o.
$50 and the costs Of the prosecution.
State VS.. John Dolan, for being, as po-
liceman, within thirty feet of the polls al
election; Wbiteley aud Sharpley for de-
Tense, Gray for State. The indictment
was found under the act of the Revised
Code, making 1t a misdemeanor for po
liceinan to be within 30 feet Of the poll'
on election day.
The State examined Daniel +. Stew
art, distributing clerk at. the Post Office
and Philip Lynch. The witnesses fol
the defense were James Magfaw, Elec
tion Inspector; John Mulhn, Assistant
Inspector; Patrick Neary, David w
Hughes and DAVID +. Finley. All thes,
witnesses were about the Tenth ware
polls ON election day, and all testified Il
seeing Sergeant John Dolan about IL
feet away. The substance of the evi-
dence was as follows:
The voting place was at Pleasant ant
Jackson streets. In the evening maj
giving his name as Thomas j. Webl
came up and offered 10 vote. The Re
publicans objected to the vote and sal,
he did not live in the Ward. He reptile,
warmly, saying the other side wer'
ssdamned liars" and other warm word
of similar nature passed between boil
parties, while the whole crowd ran VI
70 the window, and shouted loudly al,
waved their arms. This lasted som'
time, and while 1t was going on, Mr.
Stewart, heard Sergeant Dolan say
"Mr. Inspector either take or reject tina
vote" MIR. Stewart turned aud saw
Dolan standing near and said he had NJ
business so close TO the polls. Mr.
Stewart and Mr.. Lynch both testified
that they did not think the demonstra
lion made around the polls amounted Il
breach Of the peace; but Messrs
Neary, Finley and Hughes thought i
was a breach of the peace aud might hav'
led to a serious disturbance. The whol'
weight Of the evidence indicated that thu
accused was near the polls in the capa
city of policeman, and was only ther'
| during the disturbance. The case wa,
| .uhmIttad WlthouI nrpumeut and a yer
dict OF not guilty was retnrned. In tn
illegal voting case of Owen Hannum
nOile proseQui was entered. Andrew
Glubb pleaded guilty to selling liquor OF
Sunday and was fined $50 and costs
Charles Dorshiel pleaded guilty to sell
ing liquor without lict nse and was tinr'
$50 and costs. The following prisoner
were arragned for larceny and pleaded
mot guilty :" Frank Davis, Margare
Dever, Andrew Harnsm, col Vim. Jack
son, COL, and Charles l.. Dillahu, col
Hetty Ellis, a colored girl, who som
time ago stole a silk dress, a woman
hat aud basket from Mrs. Howard j
Jordon, of Mill Creek Hundred, and wa
apprehended in Wilmington, pleade,
guilty, and was sentenced to pay costs
$l5. 10 restitution money and be impris
oned 3 months. John Temple stole
pair of pants, q clock, Two shirts, hal
&C., from q. w. Winters, of Mill Cree
Hundred, and like Hetty Ellis wa
caught In Wilmington, pleaded guilt
and was sentenced 10 pay $37 restitution
money, the costs of the case, be impris
oned Q months, and be whipped with fiy
lashes. Court adjourned at O'Clock.