Daily Republican., 1883-02-09

in his petition are as follows: That o.
the general election held in New Castle
County on he7th day Of November last
in which he and the respondent were
the principal competing candidates for
he office of Sheriff, and In which, ac.
, cording 70 the official returns Of 1t, the
respondent received but seven more
votes than no did for the Office, these
were cast by divers PERSONS not legally
qualified 10 vote, . large number Of
ballots which were counted for the re-
spondent, that Is TO say, in the election
district known ~ Christiana North
Election district, IN Chr stiana hundred,
there were 81 ballots cast by persons
who were not then residents Of said
election district, and were not qualified
to vote therein, and 81 ballots cast by
persons who had not paid within two
years county tax which had been
assessed at least six months before said
election.
! That in the election district known as
Christiana South election district In
Christiana Hundred, three ballots cast
by persons who were not then residents
of said election district, and three
ballots were cast by persons who had
not paid within two years tax which
before the said election, and there were
two ballots cast by persons who had
heretofore been convicted Of crimes
deemed by the laws felony, and were
thereby disqualified from voting thereon
and all of which ballots were counted
for the respondent. That in the election
district known as the Seventh election
district of the city Of Wilmington there
were 13 ballots cast by persons who
were not qualified to vote thereon, and
l3ballots cast by persons " no had not paid |
within two years q county tax which |
had been assessed at least six months |
before said election, and all OF which |
ballots had been counted for the respon-
dent.
That In the Eleventh election district
Of the city of Wilmington there were 30
ballots cast by persons who were not
then residents of said election district,
and were not qualified to vote therein,
and 30 ballots were cast in said election
district by persons who had not paid
within two years county tax which
had been assessed at least six months
ballots were counted for the respondent.
And that the whole number of illegal
ballots so cast and were counted for the
respondent amounted to 85 votes, and if
deducted from the whole number of
votes cast for him in the county for the
office, which was 7 1896, there would re-
main but 1901. or 10 votes less than the
" hole number Of votes (7,N7) cast for .
the relatOr. :
But ~ the counsel for the respondent
n their argument on showing cause
against the rule took the ground that
nasmuch as the relat0r In his affidavit
o his petition and the foregoing allega-
ions contained in 10 does not swear di- \
ectly and positively to the truth of i
hese statements, upon his own actual
knowledge Of them, but only to his be-
ief in them, which might have been, +
nd doubtless was, founded on informa-
ion merely received from others, it
ould not be considered as sufficient >,
roof of any one Of the allegations con-
aimed in it as to any of the illegal votes
which he charges were cast and counted
or the respondent, his affidavit to his
etition being in the following words
merely before the prothonotary Of this
ourt comes "Purnal j. Lynch, the pc
tioner above named, and being by me
olcmnly sworn according to the law,
iys that what is contained in the fore
DING petition SO far as concerns the
rponcnt's act and deed is true, and that
hat relates to the act and deed Of any
thcr person, he believes to be true"
The Judge then cited number of
nthorities bearing on the subject, and
lily reviewed the atfidavitS which had
zen presented by the relator, and clos
| with the following words:
Among the many forms Of pleadings M
nd lega proceedings in quo warranto "
formation appended to Mr.. Coles
ork on the subject, find "A form pre-
ribed for the affidavit Of the relator
I'd oftwo other respondents to the
me substantial allegation of fact for a
10 warranto information against a
Of a borough, and to remove
IN from the Office on the ground Of
in which the following pas
gcs and directions occur:
" And all the said deponents several
say that (hcrc state all the natural ,,
cts and circumstances, showing either
at the election itself was irregular
ld bad or that the defendant was not
lly elected according to provisions of
e act, or that he was disqualified.
BE particular to show some violation
or noncompliance with the provi-
ms of the 5 and & Will. 4, e. II, as Gr
nended by 7 Will, and vict c. Is, sp
as to establish clearly the grounds of VII
lection intended to be relied on. If
E material facts are likely to be con all
tdictcd, let several respondents join me
the affidavit rs to such facts. Cole fro
Or. Inf Law Liber 225. And this br,
Is doubtless prescribed by the pract- he
ncr and author Of the form, because
had discovered in the court there sui
1t when the material facts in such Ma
'es were contradicted by counter atli
Wits on the part Of the defendant, one Hl
even two ON behalf of the rclator old
nld not be sufficient to induce the his
nrt to grant his application.) rcr
am, therefore, of opinion for these SUI
SONS, and in the authorities Of the VIII
''s before cited by me upon this point ful
the ease, that the application should
refused and the rule should he dis ent
Urged. an,
-~. Of