Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-04-28

uishpush ne had been practising before
the United States Court for the past two
weeks, and during that time had even
surpassed his former record for logical
argument, he had really never been ad.
mltted as an attorney in the circuit
court, and, as these cases might be an
pealed to that court, he had better 10
admitted. This being SO Clerk Smith
arose to administer the oath to Mr.
Sharpiey, but, upon his stating to the
Court, upon interros alton, that he had
conscientious scruples against swearing,
he was allowed to affirm.
Distrlct-Attorney Patterson opened for
the prosecution at 1910 in the case of
United States VS.. Smith.
William Miller was the first witness
sworn. Was Republican challenger at
the FIRST ward polls challenged the de-
lehdant on account of non-residence he
acknowledged that he lived in Brown
town; his voting place was consequently
at Newport. On cross examination Mil.
Ter swore positively that Smith was not
sworn not to vote at any other polling
place on that day.
Charles IL. b. Bedford testified that
Smith was down on his assessment books
80
delinquent III 1881.
On cross-eXamination Mr.. Lore pro-
duced smiths tax receipt for 1880, and
upon MIR. Bedford's testifying as to its
genuineness it was put in evidence.
Deputy Collector of Customs Bye among
other things testified directly contrary to
MIR. Miller, and said that Smith did make
oath not to vote any place else that day.
he oath, he said, was an informal one,
administered by Austin v. Gaynor, the
inspector, on book which the witness
supposed to be Bible.
The Republican assistant-inspecto
Moreland testified that Smith made oath
not to vote anywhere else on that day,
that after the oath was administered he
(Moreland) said he thought it all right to
take the vote, and had told Gaynor since
these cases commenced that he (Moreland)
would have taken the vote and it was
trivial and foolish to bring the case here.
The prosecution closed their evidence at
II IN. and IL. C. Turner, ESQ.,, told the
Jury in three minutes address What the
defense proposed to prove.
John w. Griffith testified that Smith
was in his employ. That he did not
want Smith to go to Newport because he
was very busy. That he told Smith to
90 to the First ward, tell the inspector
all the circumstances and offer his vote.
That he, the witness, told Smith he did
not see why he could not vote there as
well as at Newport or anywhere else in
the county, as the offices ran all through
the county. Mr.. Griffith said he had
always been and always hoped to be
Republican.
The defense asked to be allowed to put
in evidence to show that ii has been Gus
tomary for the officers of the different
sides to agree as to certain things being
done, and any vote received or thing
done in accordance Herewith should not b.
regarded as illegal. There was no cri,ni-
nal intent in such cases. The Court
ruled the evidence inadmissible.
The defense then raised the point that
a man had under our constitution, Il right
to vote at any polling place in the county
1t he had been in the state one year and
within the county month, and his right
to vote was not confined to the hundred
in which he lived, provided he made
affidavit he would not vote elsewhere on
that day.
The learned counsel contended that
any statutory provisions to the contrary
We're unconstitutional and void.
Court took recess at 80 O'clock
The District Count reas sembled at 80
p. IN.
Mr.. Patterson proceeded TO make his
opening argument in the Patrick Smith
case. on the question as to the right Of u
voter to vote in any hundred other than
the one he lived in. He cited the He
vised Code, page lu3, section /, as pro-
yiding that the voter should vote in his
own hundred and not elsewhere.
The learned counsel said that section
4, page $50 of the Revised Code, was a
valid law and not in contradiction of the
constitution of Delaware, as laid down in
article 4, section il in fact being
supplementary to the constitution. The
constitution OF Delaware provides for the
time of holding the election, but not for
the place, manner or officers.
Anything not prescribed 10y the consti-
tuition is reserved to the people at large to
he exercised through their legally quail
lied Legislators. The Legislature merely
fills up the hiatus left by the constitution.
The Constitution OF the United States in
Tina. plar. and manner Of holding elpc-
t;nn a. Ranrn..nt,tivas sbalI lie nru-
.snr;h,,d i, .nrl st,ta by th. T,.,,isI,t,r.
Chanter ID saction 4 Of Tie Laws ot
Delaware makes mst the nrovision CON
t.,n,ntatad h. H., EaJ'rai dnnstitntion
Tpa Observation-Disclosures ,,lnsad liz nnAn-
liz, ar.r,,,nant al 4 n,cln.l and fla Cn,,rt
~, s,tl;np, in,,T;naJ 10 I,a,,. fnrtLsr a,,,,,,
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