Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1880-10-14
THE NINTH WARD MANDAMUs.
The Case Before the sussex Court
why the Rule was Asked For
Higgins and Bradford Arguing
Judge HOnstsn,s Position,

Higgins and Bradford Arguing
Judge HOnston's Position,
Special Correspondence OF State Journal
GEoRGErowN, Oct PA rimor was cur
rent on the streets this morning that somt
prominent New Castle Republicans were OF
their way here accompanied by counsel foi
the purpose of getting u mandanus from the
Court to compel Mr. Knight, the Ninth ward
inspector, to give up the certificate of election
to Ziba Ferris. the Republican candidate. The
matter created good deal of surprise and
great interest. and when the train arrived
with Mr. i. u. Bradford, Jr., aud Anthony
Higgins there was no little excitement.
The crowds in town at once divided heil
attention between the Democratic meeting III
progress, the county convention, and the
courtroom, where the two Wilmington law
ycrs asked the special consideration Of the
Court to u matter which they claimed to be OF
pressing Importance, They wanted rule
granted upon u. &. knight, Of the Ninth
ward. of Wilmington inspector Of the recent
Little Election and George ". Kennedy.
Jr, one Of the judges, To show callso why
they should not deliver to Iiba Ferris, tho
Republican candidate for inspector. Il ecrtifi-
cate of election az inspector upon the facts
set forth IN the petition. which was read by
Mr.. Bradford.
The petition III the cast sets forth the facts
IN the Ninth ward cHSG. substantially as have
been published III Every EVENING. The petit
ton was supplemented by two anidnvits, one
from Frank Gallagher, the Republican clerk.
to the effect that 2Oi votes were counted for
Ferris and 2O3 for J. IT, Johnson, that he.
during the afternoon. made ont three certiti-
Gates in blank, which, after the counting of
the votes, were signed by all the officers Of
the election the aiiiant at the time surprising
that the name of Ferris had been written in
the blanks by the Democratic clerk George
NJ. Pike, whereas it afterwnrd appeared that
they We're still IN blank ut the time and that
the name Of Johnson the Democratic cundi-
date. was inserted and thecertliicatc delivered
10 linn.
\ like affidavit was received frcm Lindsey
Pierce. the Republican Judge, and atfidayits
were also produced from Charles tirIer and
George II. Lewis, setting forth that Ferris in
their presumcc demanded from Knight his
certificate of election, and that knight
refused alleging ns Il reason that he had
thrown ont one Republican vote thus making
tie, aud he Ind east the deciding vote. and
given the certificate to Johnson
Mr. Bradford then proceeded to argue the
motion for the rule. by this time the court
room was crowded. among the spectators
being senators Iayard and salisbury, and
Judge Wootten, who occupied IL seat on the
bench. The Chief Justice presided and Judges
Houston and Wales were with him on the
bench.
Judge Houston appeared to take Il decp
interest i'll the cast, and watched every move
of counsel closely. Mr. Bradford read the
law governing the Little Election which
declares that the person having the highest
number of votes shall be declared elected and
the inspector shat thoreupon make certificate
to this effect lie claimed that the GER
l..
executed and that no legal certificate had been
issued Therefore it was the duty of tho
election Judges in accordance with law to
issue the certificate and to give it to Ferris.
This Mr.. Pierce, the Republican Judge was
ready and willing to do. lie claimed that the
signing of tile blank after the vote was
counted and the result announced was pytuid
tdcie evidence that they Were intended iol
Mr.. Ferris, as they could not have been signed
by all the judges but for this understanding
blank certificate is no certificate at all and
therefore they claimed that no certificate
whatever had been issued and simply desired
the law to be complied with and the certiti.
cate given TO Mr.. Ferris, who received the
highest number of votes.
Mr.. Higgins claimed that Mr.. Knight
action was illegal and fraudulent. ana thnt
fraud yitated the certificate held by MIR
Johnson. Attonney-Genclal Gray suggested
that if the mandamus was ISSUED, Johnson
who holds the certificate, would be made
purity to the proceedings and action by an,
,r0rTdltO would have to be made against hls
for Judgment of custer as to one johnson
and Investment AS to the other Ferris
After carefully hearing the argument
during which Judge Houston once or twc,
displayed unusual interest IN the case aut
| offered suggestions to Mr. bradford and Mr.
Higgins, the Chief Justice, after consulting
with Judge Wales, said that had he heel