Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-04-21
LOCAL NEWS
r8E o, s.. DISTRICT conn.

afternoon stSsion Nv i'oV' AAe e"sS "eail,s'
yavanagh was again taken up. J. w.
rsnpimore, one OF the jurors, was excused
trom the panel on account of sickness,
aounsel agreeing to leave the case to the
remaining IL.
Tina District-Attorney made the final
orgnment for the Government and closed
ID. 10 o'clock. The judge then charged
he Inry. Wingate had right to 60 to
,he Fourth ward and protest against the
.;gbt of McKsown to vote; his district
rss not limited to the Eighth ward. Nc
ons had u right to lay hands OH Wingate
mr. restrict him in any way in the dis
Ohsros of his duty. 1t is undoubtedly
,rn, that row did take plaza at the
pourth ward on that day and that
Wingats, as the object Of their ill-ieelings
vas roughly handled. Besides Wiugate',
testimony that Kayanagh had assaulted
him was not overcome but unless tht
ascendant laid hands on Wingate with q
vir,y TO restrain him in the discharge o.
his duty, he is not guilty as he stand,
Indicted. The benefit of any doubt must
bs in favor OF the defendant.
The Jury withdrew at 2.27.
Jury was drawn in the case of the
Government VS. poScpH hcNdueIty anu
Henry Witsil, indicted for refusing tC
receive the vote of James Matthews (col. },
entitled to vote at the last Presidential
election.
Matthews, the prosecuting witness
sworn-Have lived in Delaware sine.
1878. | went down home last fall, was
takeu sick with chills and fever and
was detained there six or seven weeks
Came back Saturday before election. Col
nv tax receipt and went to the window
al the polling place in the Tenth ward
and attempted to vote. Some one chal
lenesd my vote, saying they saw me CONT
10 town with a satchel on Saturday. My
vote was refused by the election officers
Am going ON to- % years old.
Cross sxamined.-I know the tax re
CENT put in evidence to be the one of
ferred at the window when | attempted
10 vote. Got the receipt on Market street
Paid for it out of money | received al
another place on Market street, neal
Adams & Brothers.. Told the man there
wanted it to pay my tax, because had moi
enough money OF my own TO pay my tax
The inspectors told me to bring Charlie.
Hall with whom boarded to identify me
lie came, but it was decided that had NJ
right to vote.
At the close of Matthews testimony, il
being o'clock, the court adjourned unit
today at 10 o'clock.
Court opened Thursday morning with l
crowded room. The jury i'll United state'
vs.. kavanagh handed in sealed yer
dict. They had come to conclusion
about 2.30 a. III. Michael kavanagl
was found mot guilty as he stooc
indicted.
The United States VS.. McCafferty anC
Witsil was proceeded with, the defend
ants counsel cross examining the prose
cutting witness, Matthews.
Collector Charles II. D. Bedfort
testified as to the validity of the ia,
receipt.
Superintendent Davis of the DIAMOND
State iron works testified to the identit,
Of Matthews.
Charles Hall corroborated thetestimonS
Of Matthews as to the length OF residenc,
VI the latter in the state.
Daniel +. Stewart gave the following
evidence | went through the Tenth ware
before the election taking the names o
the voters. | heard man by the nam
Of James Matthews was living at Charlie
Halls went there and found him.
Matthews offered to vote on the "a o
November. His right TO vote was dis
puted, and there was great deal of dis
cussion about it. | asked Inspector Nc
Caferty three several times to admnistc
the oath to Matthews as to his right t.
vote, but lie refused. Neither of the as
sistant inspectors and neither of the sll
peNisors asked that Matthews b
sworn. The Republican assistant in
spector Leach said that he ex
pressed the opinion at the tim
Matthews offered his vote that he
Leach, believed the vote legal, hut tina
he did not ask the inspector to swea
Matthews as to his right to vote.
The Government closed its testimony
and Harry c. Sharpley, Esq, outline,
The defense. Their first witness was Patricl
Neary, the Democratic challenger. II
said that he canvassed Bird street tn
Saturday before election went to Charlie
Halls, and his wife told him there wa
10 other man than her husband lived il
the house; that McGoyern, man Twin.
next door to Hall, said that he had no
seen Matthews at Halls house for lon
time.
Neary and other witnesses testified tina
Matthews was given as long hearin
and his case was as fully considered as tina
Of any other person on that day. Tina
there was large vote, several hundis
persons waiting in line at that tins t
cast their ballot.
John Newall said that he lived four door
from here Matthews had boarded and IN ,
he had missed him for several months
lie was in the habit of COMING in III
store. About two woke bpfnra alactio
NEGRO. named Clarke came in the stor
and asked whether In. conld vote. tha
the Republican worlsrs in that war
ganted him 10 ,,ot.. on Tomas No,tbaw.
tax rec.int Nc Mattbaws wos away an
would not be back.
AT 1915 Mr.. Lore said they woul
rest The Judge said 80 would som,
body else, and that for an hour, aft,
what had been going on.
The taking of testimony in the electio
case OF the government against JOSEF
McCaiIerty and Henry Witsil was co,
eluded in the United States Cont Thur
day afternoon. and District Attorne
Patterson began his op.nine areumei
Tor the prosecution. continuing until
o'clock. nj which honr the court A,
lourned.
Court met Friday at 10 o'clock, n. II
Charles B, Lore. ESQ. addressed Il
Court on the law bearing on the case
the Cnit.d States VI MrCatI.rty an
Witsil. He called tbt. Conrt's attentic
TO the fact that this was the first case
the kind to arise in Delaware under Il