The daily gazette., 1882-11-16
LYNCH VERSUS MARTIN.
THE CASE ARGUED BEFORE
THE GOVERNOR.
LEGAL COUNSEL ON BOTH SIDES.
1. &. Grubb, Esq, Represents Mr.. Lynch.
And Messrs. Higgins and Bradford Ap@
pear for Mr.. Martin

Yesterday afternoon Governor Hall was
earnestly engaged In hearing arguments by
counsel on behalf of the respective claimants
for the sheriffalty commission for New Castle
county.
Ignatius c. Grubb, Esq, appeared on
behalf Of Purnal J. Lynch, and Anthony
higgins aud Edward @. Bradford, Esqss,
for James Martin.
Mr.. Grubb's argument was a thorough
end complete presentation Of the facts and
the law of Mr.. Lynch's case.
lie began by saying MIR. Lynch had the
right, belonging TO every citizen, TO have
the merits Of his case, according to the law
ana the facts, fully and fairly presented by
legal counsel. That the public feeling or
New Castle county was profoundly stirred
and that there was deeply rooted conyic-
tion among the Democratic voters OF the
county that Mr.. Lynch was lawfully elected
aud that Mr. Martin was not, aud that this
lceiing was intensified because two years
ago the Democratic Board of Canvass had
given the certificate to Philip r. Clark, the
Republican candidate for Sheriff, because
the Board then Believed they were thus Civ
ing practical effect to the real voice Of the
people, although In strict law, their legal
power 10 do so was doubted.
Mr.. Grubb then claimed that the Cover
nor should now, as the Democratic Board
then did, give effect to the real will of the
legal voters by giving the commission To
Mr. Lynch II he could discover any legal
ground therefor which would be Sustained
by the courts If contested there. He then
proceeded substantially as follows There
are two certificates before the Governor The
Governor is bound to issue the commits
sion to the candidate who is named
In the legal certificate. But which
OF the two is really the legal certificate IS the
question the Governor is called upon to- de-
eide before he can issue any commission.
he then claimed that the one In favor OF
Mr. Lynch Is the legal one and that Mr..
Martins is illegal and insufficient. He
further urged that If Mr.. Lyncll's certificate
was Illegal and insufficient then tile Gov
nor could commission neither of the candi-
dates but must leave them to a resort TO
mandamus requiring, most probably. that
the Board of Canvass should re-conyene and
perform and complete its duties in regular.
and legal form.
After thorough review of the proceed
ings OF the Board and ali the circumstances
surrounding its entire action Mr. Grubb
claimed that the facts demonstrated that
the ascertainment of the result OF the cleo
ton as shown by the Martin certificate had
been Teconsidered by the Board after the
Mill Creek hundred discrepancy was dis
covered and thereupon decided in favor Of
Lynch, and that the Board, by order of the
Oherlh, was actually engaged IN signing the
new certificate for Lynch, ,whenthe Sheriff, ,5y
the revolutionary and advice OF his counsel
iors, illegally and unsuccessfully attempted
to adjourn and break up the Board by aban-,
doning their cause and deserting their sworn
duty. He further claimed that the entire
Board, according to his view of the evidence,
having ascertained the result in favor OF
Lynch before said desertion by part Of its
members, those who remained present after
its lawful reorganization were under the
precise letter and real meaning of the
statutes legally competent to complete and
deliver the Lynch certificate to the Cover
nor. Mr.. Grubb concluded by reading from
the laws of the State the statutory pro-
visions upon which he based his proposi-
tions Of law.
After hearing Mr.. Grubb's argument,
which occupied about half the afternoon,
the Governor devoted the remainder of the
day to McSsrs. Higgins and Bradford in
reply.
1t is understood that the Governor Il un-
able to decide as to the legality of the
respective certificates and will therefore sub
nit the question, upon case stated by him,
TO the Judiciary of the State.
The decision will, meantime remain In
obeyance. Sheriff Clark will hold the office
until his successor is duly Commissioned.