The daily gazette., 1882-12-16
RgeRlNrgp RON YgsrERoAY
rnE sHEnrRALrr OoNrrsr.

stnsinuance OF the Case Thia MorninR--
lmessrs. nradford and Eates speak.
After the, opening Of court II was settled :
1t Z. g. Bradford, Esq, counsel for James I
krtin, should open tho case OF the motion
id petition Of Purnal J. Lynch. lT
Mr.. Bradfprd began by saying he would i
N 70 prove TO the court that tho rule should /,
bt be made absolute but discharged. There !
las nothing TO show that James Martin !
ha not elected, nor that there was any :
krelctIon on the part Of the respondent. IL | |
was struggle between two men for ofiice. !
The contest, II started, would be long and
tedious. The fling Of the information would
entail loss of time and cause annoyance and
trouble. He thought the court should care
fully scrutinize the application before allow
ing the information TO be fled. Toys ath-
davit was the only thing upon which
the application rested, and IL had been
overwhelmed by the other afiidavits.
A writ OF quo rarTGnt0, he argued, throws
the burden OF proof. upon the respondent
as soon as the information Is fled. No
matter II the officer had been installed In
office by the Governor, when the Informs
tion was once filed the proof rested with the
respondent alone and befs-2 rs,-en action
was taken the rvocf,shohld be strong. The
scurs should be clear before arriving at the
suttciency of the application. The relator |
should make out fair case before the Hing |
of the information.
He then noted some citations upon the |
matter of the burden Of proof. In ordinary |
cases the plaintiff RECEIVERS In his own title, |
but In a quo parrGato the defendant must
show that be has good right TO bis posi-
tlon as against the Governor.
If the relator has right to file informa-
ton he could challenge the right OF every
title from Blackbird to Brandywine.
He declared that the petition OF the re-
lator virtually admitted the prinld faeie
right Of Martin to the office, from the action
OF the canvassing board and the commission
of the Governor. He supposed case--that
the meeting Of eanyassers had broken up In
row, no notice of the election had been
sent to the Governor and no commission,
the case would be different, as then there
would be question upon the face OF the
title; but In the case as II now stands 1t was
different.
Before the burden of proof should be
cast upon James Martin fair case should
be made out against him. Ho was called
upon TO show cause which 1t was utterly I'm
possible for him to do in a legal point 0f
view. Ifthe application was sufflcient,t IL left
the respondent In position unable to reply
ANY charge of the usurpation OF al Office
should not be based upon application and
belief but upon fact. The petition ofLynch,
therefore, went for nothing so far rs leave
10 file information is concerned
Mr.. Bradford then reviewed Thomas
Toys affidavit and Nincents reply 10 L..
Toy, he said, did not name who vote'i
Illegally for Martin In North Christians, nor
even state why the names were not given.
He wanted to know why Toy, who was so
positive, did not point out the 80 men who
voted wrongly for Martin. To meet the
affidavit properly the respondent was called
upon to DO that which the law has
declared IL legal impossiblity to do, as It ia
repeatedly declared that no man can bo
IIaAN 49, ali ha tO.V la N
protects the secrecy of the ballot. How Is 1t
possible for respondent to meet the affidavit
directly asked Mr.. Bradford. He strongly
claimed that Lynch had not made fair case
which should throw the burden OF proof
upon James Martin.
Citations were theL read upon the secrecy
Of the ballot, showing that each voters man
ner Of voting was not To be intertercd with.
he was not Obliged to disclose how be voted.
He submitted, repeatedly, that the case was
not a fsir one and the relator was trying to
make the respondent do what was impossi
BILE. The relator has either good case or
no case If he had q case he ou sht TO show
who the 80 illegal voters mentioned by Toy
were. The afidavits should be positive and
particular and drawn IN such manner that
they could be answered
Mr. Bradford impeached strongly Mr..
Toys affidavit, which he claimed WAS en-
tirely disproyed by he afiidayits. The
possible, and the knowledge OF how the 30
Illegal voters did vote was moral impossi-
hility unless the ballots had been shown tc
Toy before ther were deposited.
At ll.50 Mr.. Bradford finished, after hsv
in. spoken about one hour aud three
quarters.
George II. Bates, ESQ, followed for th
relator. The fact, he said, remained tina
TIE only method to find the date upon wbic
the action of the Board Of Canvassers act
ing in such high offices of Sheriff was b
application to the court, The present actie
was done that the court might see that tn
case was proper one to be considered befol
ajury. The burden OF argument against th
rule was the insuiiiciency Of the ailidav
offered by Lynch
The argument of the respondent WI
based on faliacy. There was no law askin
for sterilization Of facts. The affday
was merely to inform the court of the notii
OF the objector TO the defendants title ar
not TO show what evidence would be broug
! TO the bar of the court. Even If the o
jector could produce the names OF the
illegal voters they ought not be obliged
disclose them in the present state of the cas-
II the names were now given 1t would
impossible to find the men when wante
Toys affidavit was made in good faith, al
II was sufficient that 1t was positive o.
with the expectation that, at the prop
time, the statements would be made cles
Even if the names of the voters were give
the matter would remain just as 1t is no
and the facts yet to be proven at the bar
the court.
Mr.. Bradford, he said, urged that t
burden remained with them To prove th
Martin held the Office, but at present 1t W
only to show that the afIldavits of Toy al
Lynch were not true. When an inform
ton was filed all the respondent would ha
4 IN do would be to show that by the aetit
Of the Canysssing Board and the Governor
commission Martin held the office. 7
burden OF rroof would then tie thrown ba
10 the relator TO show that the title Of Mari
was unlawfully obtained outside of the col
mission aud the returning board.
In all the aiiidavits presented by the
spondents there were no statement Of fat
but only belief that Toy could not have sc
thus and so-nothing but belief. I
swears that he believed the 80 Illegal vol
were cast, and nothing in the other afilday
disputed it. 1t was Only sufficient for I
affidavit to show that there was some def
to allow the court TO go behind the pri1
faeit right to the title.
Mr.. Bates occupied the time of the col
until its adjournment at o'clock.
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The Delaware ship Canal.
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