The daily gazette., 1880-10-13
AFTER AN INSPECTOR.

ING TO GUST THE DEMOCRATIC
INSPECTOR OF THE NINTH WARD.
Special correspondence OF the GAZETTE.
GEORGETOWN, DEL, Oct. H.
An unusual ripple of excitement
was occasioned in the Superior
Court, new in session here, this a.
ternoon, when Anthony Higgins,
Esq, and Edw. G.. Bradford, Jr.,
Esq, of Wilmington, asked the spec
ial indulgences of the Court officers
to present matter of business
which they claimed was of the most
pressing importance.
Mr.. Bradford first addressed the
Court and his request was for rule
to show cause why a mandamus
should not be issued compel ling Ed
mund G. Knight, Inspec tor, and
George W. Kennedy, Sr., one Of the
Judges of the Little Election in the
Ninth Ward Of Wilmington, on
Tuesday last, TO issue a certificate of
election as Inspector to Ziba Ferris,
Republican, instead of Jesse U.
Johnson, Democrat, who now holds
the certificate.
Mr.. Bradford read the affidavit of
Frank Gallagher, the Republican
Clerk of the election, 10 the effect
that 2O4 votes were counted for Ziba
Ferris and 203 votes for Jesse u.
johnson; that he, during the after
noon, made out three certificates in
blank, which, after the counting of
the votes were signed by all the
election officers, the affiant at the
time supposing the name of Zba
Ferris had been written in the blanks
by the Democratic clerk, George M.
Pike, whereas>it afterward appeared
that they were still in blank at the
time, and that the name of Jesse u.
johnson was subsequently inserted.
A smilar affidavit was read, from
Lindsey Pierce, the Republican Judge,
aud af1idavits were also produced from
Chas, Grier and George Is. Lewis, sett-
ing forth that Zba Ferris, in their pre-
sence, demanded OF Edward G. Knight,
his certificate Of election, and that
Knight refused, alleging as a reason
hat he had thrown out one Republican
vote on the ground Of illegality leaving
the result tie, where upon he had
exei cised his authority as Inspector to
cast the decisive vote for Jesse U. John
son, to whom he had issued the certi-
flcAte.
Mr.. Bradford then argued briefly upon
his motion for the rule. He read the
law governing the "LtIle Election"
which declares that The person having
"the highest number Of votes shall be de-
clared," elected aud the Inspector shall
thereupon make certificate to this effect,
He claimed that the certificate rs re-
quired by this law was never executed.
and that no legal certificate had been
issued. therefore II was the duty OF
the election judges, In accordance with
law 10 issue the certificate, and to give
II TO Ferris. This Mr.. Pierce, the Re.
publican judge was willing TO Join with
the other two election officers in doing.
lie said the signing Of the blank certi-
ncalts after the vote was counted and
The result announced, was prima facie
evidence that they were Intended tor
Mr. ferris, as they would not have
been signed by all the judges but for
THIS understanding. A blank certificate
Is no Certificate at all and therefore
they Claimed that no certificates what
ever had been issued aud simply de-
sired the law to be complied
with aud the certificate given to
Mr.. Ferris, who received the highest
numbers of votes.
MIR. Higgins followed in the same line.
and also argued that the action of In
sspector knight in casting out vote was
Illegal aud fraudulent. Fraud. he
claimed, would viilate the certificate
the certificate held by johnson, even il
IL had been regularly issued,
Attorney General Gray suggested that
the mandamus was issued johnson.
VINO now holds the certificate, would be
MADE party to the proceeding, and
action quo pdrrdnto would have 10 he
made against him for a Judgment of
custer as to one (Johnson) and of in
Veslment as to the other (Ferris.)
A running argument ensued betweep |
M 's,rs Bradford and Higgins and Chief
justice Comegys, as TO the effect la case |
the mandamus was issued. Finally the
chlef Justice, Judge Wales concurrinc.