Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1890-11-20

numerous prey than the isolated cases
already before the public, were very
quietly incepted at the municipal court
Monday night in preliminary hearing
before Judge Ball.
The defendant, Councilman Frank b.
Cotton, Republican judge Of election,
after Il somewhat taxing examination
Of the witnesses was ordered held IN
$500 bail in each of the two charges
brought against him for a jury trial in
the superior court,
The noticeable feature of last nights
legal skirmish was the sudden change OF
front, indeed, what appeared a sur
render of the counsel for the defence of
his first line Of attack in the concession
as to the full integrity Of the papers
naturalization and property tax re-
ceipt) held by the person against whom
the information alleges Mr.. Cotton vii.
fully defrauded of his right 10 vote and
Colonel Nields establishing himself in
the defence theory that his client, Mr..
Cotton, believed from other argument
that the person was not legally entitled
TO vote.
The courtroom was thronged many
minutes before the arrival of Judge
Ball. The defendant, Frank Is. Cotton,
sympathizers, occupied every spare
chair within the ratings, while the
"party Of the other part" stood up
tbronghout The whole Of the evenings
proceedings. Surrounding Mr.. Cotton,
and his counsel, Colonel Nields, were
+. Eden Bach, Tax Collector Edmund
Mitchell, Jr.. s. Redmond Smith, Esq,
w. p. Yoshell w. II. Billany, Mayor
md pthprg
Following one or two routine city
court cases, Clerk Hyland arose and
read the information charging Inspector
of Elections Frank B. Cotton OF the
Twelfth Election district, Fifth ward,
with knowingly and wilfully prevent
ing legal voter from casting his ballot
and also with allowing an illegal voter
to deposit a ballot.
In stating that his client pleaded moi
guilty to the charges Colonel Nields said
he desired to submit to the court thai
the charge did not specify any offence
1t did not specify what election or in
what precinct the alleged offence was
committed.
"Now,n continued counsel, "if my
client We're charged with the crime o.
murder. You Cunning to City Soliei
tor LYMAN, who acted as deputy attor
ncv-reneral) would have to state upor
whom it was committed. In this charge
l sec no specifications at all. The namt
Of the person also who passed illega
votes, that is not given. My ellen
should have been advised of that"
The court-"This is only prelimi
nary hearing. That warrant, Colone
Fields, is sufficient to bring your ellen
before this court"
Clerk Hyland then called the name
of the following witnesses for the prose
cution Joseph L. Carpenter, Jr., Fran
y. Carpenter, John r. G.. Forkum
Louis De Stefanos
FRANK d. CARPENTER, EsQ.'s TEST
MoNY.
Frank D. Carpenter, Esq, was III
first to take the witness stand. Whe
he had taken the oath Mr.. Lyman re
cited section TX, chapter IS, Revise
Statutes, bearing upon the case Of re
fusing to receive the votes of person
legally entitled 10 cast ballot.
The witness testified that he was
fudge at the Twelfth election distri'
during the recent elections. Frank
Cotton was the inspector, and w.
Voehell was the other judge. He WI
present during the entire time Of r.
ceiving and counting votes. Mr.. Colte
received the votes and deposited ther
He received all the votes.
The witness, in reply to Mr. Lynar
said he knows Louis De Stefanos. /
has had business transactions with hiI
DE Stefanos came 10 the window III
offered to vote. Mr.. Cotton refused b
vote. When De Stefanos came to u
window Tax Collector Mitchell who "
a window man, challenged his vote {
naturalization.
Here the papers, including naturaliz
ton and property tax receipt offered al
handed 10 Mr.. Cotton by De Stefan
were produced and verified by the "
ness.
Mr. Cotton refused to consider I
naturalization papers saying they VIC
not final papers. Mr. Carpenter tn
,erused them, asserted they We're
fight. He then protested against \
Colton's action The latter still refus
10 allow DE Stcfanos to vote.
JUDGE WALES OPINION OBTAINED
"Ahout noon continued Mr.. q
penter, Il asked Louis dc Stefanos)
let me have his papers. told my fail
about the matter, advising him 70 go
Judge Wales 10 get an opinion.
came back in about an hour and
quaimted Mr. Cotton with what
fudge had said. Louis offered 70 Y
and was refused again by Mr. Colt
Notwithstanding what he lad been toll
In reply to Mr.. Lyman the with
stated that Mr. Cotton sworc him
and he (Mr. Carpenter afterwa
swore in Mr.. Cotton as an elect
officer.
Mr.. Carpenter continued. "Stefar
papers have been in my possess
since, lie produced tax receipt "
his naturalization papers and han
them TO Mr. Cotton. II was a propt
tax receipt am pretty sure. ! X
him to be a property owner
Colonel Nields- "IIow soon, Mr.. {
penter, did youcommence taking volt
about s o'clock.
About how many ballots v
taken?'
Between 400 and 50O.n
UNTIL O'clock II THE morn
"chandler and Sparks were the Gle
and Supervisors Forkum and Bill
were there. was there until ole
in the morning.
Where did you diner"
q dined there"
"When did you leave to get thatp
of Stcfanos "
Didn't leave, but handed it OH
window"
In reply TO Colonel Nields as to
challenged the vote, Mr.. Carpcnte
Piled: Il think Mitchell challenged
vote. He did a good bit Of that {
that day"
yes" the witness continued in I
to an old question, the naturaliz'
naners wore handed III. Mr.. Colto