Evening journal., 1890-11-18
CASES AGAINST COTTON
Strong Evidence Against the
Republican Inspector.
TESTIMONY OF THE STATE.

Defence The sum of $500 Bail In Each
Case.
The case OF Franklin B. Cotton.
charged with receiving an illegal
vote, aud with refusing TO receive
legal one while Inspector ut
the Filth ward, Twelfth election district,
on election day, was heard last evening
at the Municipal Court. Mr. Cotton is
a mem.er Of the City Council from the
Fifth ward.
The court room was crowded inside aud
out, not an available inch OF standing
room was to be had anywhere Within
the ratings we're many prominent politi
clans, chiefly of the Republican party,
including f. Eden Bach, w P. voshe |,
Renjsmin Nields, Mayor Austin Harring
ton, ) Redmond Smith. William H. Pier
son. Ed ward Mitchell, Jr. f. o Bennett.
Henry W. Perkins, F. Pickles, William
Il. B.llanY and several others.
Clerk Hyland read the warrant contain.
ing both charges. af.er which Benjamin
Nields, counsel for Mr. Cotton objected
to the torn of the charge on the grounds
that it was not specific and definite
III man is charged with murder, " he
said, the name Of the victim is made
known to him "
Judge Ball sad the warrant was sufa-
cient to briog the case befo.e the Munici
pal court
City Solicitor Lyman then read section
., chapter is, Revised Code, under which
the charge is brought:
''lf at any election the presiding officer.
or judge of the election. shall know
iDgly or wilfully receive, or advise and
consent to the receiving of the vote OF
any person not entitled to vote at such
an election; or II such presiding officer
or judge shall knowingly or wilfully re
fuse to receive, or advise and concur in
refusing 10 recsive the vote Of any per.
son qualified to vote at that election,
every such presiding officer or Judge
shall for every offense forfeit and
pay the sum of 5000 TO any
person who will sus for the same; or
such presiding officer or Judge shall be
deemed guilty OF misdemeAnor, and
shall be fined not less than 5000 nor
more than $500. Both the aforesaid
penalties shall not be incurred for the
same ohense, and a con victment or q
| judgment in an action of debt may be
| pleaded in abatement of the alternative
proceeding, But in all cases au offender
under this s elton shall be further
liable to be indicted and punished as In
o.her cases for wilful and corrupt per.
| jury in having violated his oath OF
affirmation as such presiding officer OF
judge
Frank D Carpenter was the first wit
ness. He testified that he was Judge al
the polls of the Fifth ward, Twelfth
election district, on election day f. B.
| Cotton was inspector: and w. P. Yoshell
associate judge. Cotton received All tn,
votes. Witness remained there during
the entire day In the forenoon, LouiI
Desta6nis, an Italian. presented his ia,
receipt at the window and offered I,
vote. He was challenged by Mr.
Mitchell outside the window on thl
grounds that he was not n@turalized
afnis produced his naturalization
papers and handed them In, but Coltor
urged that they were not the final papers
and refused TO accept his vote.
Joseph L. Carpenter, Jr, came up t,
vote, and witness told him Of what haC
happened. Mr. Carpenter brought Des
tainis's papers 10 Judge Wales and OF
returning told them the judges decision
Destafnis sgain offered to vote, but Col
ton still persisted in refusing his ballot.
Destsfnis did not vote that day.
Under cross-examination by SIR Neilds
the witness said that between 400 anC
500 votes we're .aken during the day
Messrs Chandler aud Sparks were clerks
and w E. Billany and John M O. Forkun
supervisors BE could not say positively
whether Des'sinis handed in ballot o.
not. He knew that he put in ia,
receipt and naturalization papers to.
gether
He coald not give Mr.. Colton's precis,
words, but as near as he could remember
they were TO the effect that "These ar
not the final papers, and | refuHe TO &C
cept the vote. Mr.. Cotton compared th
naturalization papers handed in, with
a form that he had in his possession, an,
decided that they were not similar. Wit
ness did not remember whether Coltol
asked the opinion Of MIR Voshell or NOT
but his impression was that he did not
He would not say whether Mr. Coltol
said he would not accept the vote unit
later in the evening, as he, himself wa
very hot and did not remember. Ii
answer to Joseph L. Carpenter. Jr, Mr.
Cotton said ''Go ahead aud crack yoi.
whip"
Joseph L Carpenter, Jr., was the mex
| NAbu6Hs nb btSbln6Q Nudb ne NOIe0 m
the Fifth ward, Twelfth election district
and had known Destefnis for some time
having had private dealings with him
On the day Of the election he was at tn
polls and was given DestRfinis's natursll
Z zation papers He brought them to th
United States Court and showed them t
Judge Wales
!. When hn returned Destafnis offered /
vote, but Lis ballot was not accepted. Fl
wanted to vote for Simmons and witnes
I'd his ballot Destafnis handed n
: all his papers. but he d not remembe
whether Cotton reached for them or not
? Destsfinis is real estate owner. Unde
cross examination by Mr. Nields. he sal
that Destainis is a real estate owner
Witness had sold him property. Non
of that property was now held by him i
allowance, because Desta fnis had not re
ceived his second papers. There wer
r some mortgages which are not consum
a mated, because they are depending o
!, another case.
City Solicitor Lyman asked Mr.. Nield
, if be disputed the validity Of the papers
! Mr.. Nields said that he did not admi
their genuineness
s Redmond Smith. clerk Of the Unite
States Court, testified that the paper
were genuine and final. They wer
. signed In his name by Clerk Glatz, VIII
! is authorized to do this.
The papers were then offered in evi
dence
Louis Destafnis testified that he wa
for six years a resident of Wilmington
and lived three years in his present hous
} at Ninth and Woodlawn avenue He go