Daily Republican., 1881-02-10
FIFTH EDITION
OUR COURTS.
The Guthrie Rape Case po.,.
unsis the May Tsrm-rhs sa r
Ei ession Csse BeinR Con.,s'ss 'ss

c. Guthrie, made application for , "u
tinuauee OF the case on the eronrS SOn =
the absence OF several impottsn, ", y
{ nessss. The application was ON, WI,
by the States Attorney, as the sfss9a st'ssl
witnesses were also the Witness, '.u' I
the State, and the latter would s,S w
as much IN consequence s. the d.
After some deliberation the Cbiaf T
tice granted Mr.. Lore's application u' t.
fixed "uthrie's bail at SS 800 in.,s,s Wv
Of $1,000 previously. The casa oN n'u
gees over uutil the May term. NV
The case Of the State vs.. pbu;,
Tyre, charged with refusing to rsoor l.
a legal vote at last November's sls,,i,e
was resumed. Frank Stout, te.,ifsI a.d
that he was present at the sIso,.-D "-ou
that he saw Purgeson challenged, % %a,
ho went away angry and brongb, a ~.
three months discharge; that his v,'' @
was still refused because he was 'JN S
serter from the three years so,-i,'
that he heard one or two say TIA, W. ys'
guson ought 10 vote. The ql.r,io,
board deliberate! several minutes ooon nan
tle vote before they rejected IT. f-
| Thomas J. hahafly was o.,lsl :.
prove the good character Of Nj, Tr,s
but Mr.. Gray objected on tie rr,,r5
that his character WAS not a,tsck3
Mr.. Nields contsnisd that sstb.i,
iiciment stOted that he Knowingly ana
"iliuIly violated the law by r.i7.ins
the vote, ii was competent TO OFF,, a,i
dence Of good character. Alta, nan
sultaiiou the court decided not IA a.
cept testimony Is 10 character vbs,.
character was not attacked.
Attorney General Gray then al.
dressed the jury on bshalfoi the Sa.
He hoped that TIE case wouh h
considered on its merits diyss,si N
partisan zeal and feeling. Il wopn
not do he said for the accused TO .v
that he did not knog the law apd
therefore he did not vilinlly violate the
law. 1t was his duty 10 know il. M,
IGray then read the State election Law,
which prescribed the qualifications Of
voters. Mr.. Grsy dwelt upon the
point that somebody outside hM
made the assertion that Mr.. Pei.
guson was desrrler, and Nr
Tyre aching upon the case reversed
the rules OF evidence and COMPELLED
Mr.. Purgeson TO furnish the proof thM
he had right TO vote, The same
rule, if enforced, would have reduced
the 266 votes polled down to vlltsyer
number MIR. Tyre might have seen
proper 10 admit Mr. Gray tLeH gaW
way to Mr.. Nields.
MIR. Nielis preceded to address The
court on the ground OF the citizenship
Of Furgeson. He did not deny that
Delaware could decide who should
vote or not as to age and other q1Sl+
fcstions, but Delaware could 10. Or.
fer the right 10 vots upon ons Ehon
the United States had declared 70 h
not q citizen OF the United States.
IL the eyes Of the Constitution OitA.
United States FurReson was the :hg
as a Japanese, Chinese or an sIt
from foreign country. He Is thsslD'
as one who Ia not naturallLd, M
neither can As be like the CbI,@
Mr.. Nields said that the queStio! EG
plain and clear, that a man who VI
not a citizen OF the United States colA
not be citizen OF Delaware. NJ. Nlea
quoted largely from authorities iho'
ing the statutes Of ciliz usLtp Oi'h
United States aud in tho STATE.
At 1920 O'Clock, Mr.. N,e.d8 0E
menssd his address to the inry, a
read the indictment carefully ShoEiH
that Mr. Tyre was charged with Snat
ingly and wilfully refusing the voie =
Ellis Furgesou. At the election bel
Furgeson's vote was challenged III
he himself admitted that BE- WAS 4 "
serter from Company |, FOgTta Dai
. ware Regiment Volunteers. His V's
was refused for what ! Bscs1n v
was q deserisH. Refused bsCslss y
laws of the United States ds5ar:dG
q deGerter Gould not be citizen Of "
Uuited StAteE, and man no! o clH
OF the United States could not ~
qualified voter In Delaware.
Mr.. Eields quoted from the srdtnF
to show that Mr. Tyre had no SsIaVu'
intent in refusing Furge3on'7's p'
demanded the proof from bin 'l"l'
was entitled 10 vote. he failed WPy
duce the proof and his vote was E'as. S.
A Juror asked Mr.. Nislds 7l'aa
the statuAry law Of the state co'ls.
ing the election Of State oh''n "
members OF Congress had any NA'
upon the case. l..
Mr. Nislds said that It hsd no NI
ing whatever in the case, and 'us
to the Attorney General ID" "
nodded his assent to the ooEFS''u'"
Mr.. Nields' answer. ID,
| Mr.. Nislds referring to the I'us
OF the Attorney General thSI 'nt
then of proof was thrown upon s|
sOL SAID tnat It was no mOi7 :"
upon him in that case tasu u
where a man g vote was chSsns"
any ether capss. A man 'l'Mi ".
upon his naturalization pspes ~ SJ
furnish the evidence that Dc
righ. to vote, and be did SO byFT
cling his papers. Tie objscion@
grounds Of being desertsi "r,t WI
different from objections Oh IVY. NJ
non assessment, non paymeD'
or aHy other cause. ,.,, al
In every case the chaIieDssIs M
had to produce the eVia9DTT T,m
was entitled to vote. N.Y. ,".r MI
not tn. man to exclude any nsa' s.,
who was entitled. Had 10 '.S,"t y"
vincsd that Furgsson haaa nSS rs Sa
he would contend until po' W, W
should vote. Mr.. Nield' 'Deus ~,
appealed to the jury upon oDDuSllt
that Mr.. Tyre not having " S% i. ~ I
knowingly violated the INV D
to verdict Of aeqnittaI' I
The Haymaners Bee'''rrs 'rs, ,