Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-02-26


4 written guarantee from Judge Wales. |
Some words ensued between them when |
Mr.. Cotton said to Mr.. Carpenter that
he would take his word in anything ex-
cept politics.
Joseph II. Martin was called, and
stated that he is a resident of the Twelfth
district, and was at the polls on
election day, November 4th, 1890. He
heard the controversy about the men
voting on the naturalization papers, and
heard Mr.. Cotton say that he did not
wish TO keep any one from voting who
had the right to vote He also saw Mr..
Cotton hand the papers to Captain
Mitchell, and ask him TO take them to
the United States court Captain
Mitchell asked the witness to take him
to the court in his wagon, and he told
him he would, but not to be in hurry.
They started about 4.30 o'clock, but
found that the court had adjourned.
On the return they stopped at the Sew
enth ward polls, and then returned to
the Fifth ward polls He heard Mr.
Cotton ask about the papers several
times before they started, and heard
Captain Mitchell say that they were all
safe and in good hands.
George II. Mccall testified that he
was present and heard the con
troversy at the Fifth ward polls on cleo
ton day. He saw Mr. Cotton hand the
papers to Captain Mitchell, with re-
quest that he should take them to Judge
Wales and see about their validity.
Several times afterward he heard Mr..
Cotton ask about the papers and he
seemed much annoyed that they had
not gone, He also heard Mr.. Cotton
say that he wanted every man to vote,
who had the right to do so.
Edward d. Sparks, one Of the clerks
at the election who had charge of the
poll list, stated that he saw Nicholas
Fidance when he offered TO vote on his
naturalization papers. As objection was
made the papers were examined by Mr.
Cotton and Mr.. Voshell, who decided
that the vote would not be accepted
until they were satisfied Of the validity
of the papers When Mclaughlin came
up 10 vote, Mr.. Carpenter said that as
Fidance's papers, which were the same
as his, had been rejected, he was op-
posed to receiving his ballot. Mr.. Cotton
then handed the papers to Captain
Mitchell with the request that he would
luhG lltlll W JUICY w hltsas lli hAi'l
wards heard him inquire about the
papers several times. and he seemed
anxious to ascertain ii the men had the
right to vote De Stephano came up
afterwards, and his vote was rejected
on the same grounds.
Joseph l.. Carpenter, 1r., was recalled
in rehuttal by Attorney. general Biggs
and repeated his testimony about hay
ing called on Judge Wales with the
| papers. When he went to the polls his
son, who was a judge Of the election,
called him to side window, and stated
that votes were being rejected on ac-
count of the papers, and this was what
caused him TO call on Judge Wales. lie
saw him at his residence, and he said
that unless there was something else
against the men, they had the right, nc.
cording to the papers, TO vote, He asked
the Judge to put his opinion in writing
which he declined to do, us he was just
going into dinner. When he returned Il
| the polls he told Mr.. Cotton what Judge
Wales had said, but as Cotton still re.
fused to accept the vote, he threatened
him with prosecution.
Mr. Biggs stated to the Court that Al
Judge Wales name had been brought
into this case, he would like to cal
him to corroborate what Mr. Carpenter
had said in reference to the visit to hi.
house.
Mr.. Nields objected, but as the oh
iections were overruled by the. Court
Judge Wales took the stand He wa
not sworn, as both sides waived thi
formality, and in answer to Mr., Biggs
question he stated that he remembered
the fact Of Mr. Carpenter calling upol
him with naturalization paper, whicl
at his request lie examined. He tOunI
it all right, and told him that if thei
was nothing else against the man he haC
an undoubted right to vote. Mr.. Car
penter did not, Ms far as he could re
member, ask him to reduce his opinion
to writing, neither did he ask him t
endorse the paper on the back.
Frank ID. Carpenter was recalled am
stated that Nicholas t'idance was NC
! the first man whose vote was refused d
account of his papers.
John NJ q. Forkum, upon being re
called testified to the facts as alread
stated in reference to refusing the vote
and when he left the stand, court too
!, il recess until lOo'clocl Friday mornin!
r
morning, and when the names Of I'll
Jurors were called, it was found tlr
one Of the hmilitls was absent. and III
clerk Of the peace will enforce the rul
which dcprives him of i days pay.
7 The case Of the state vs.. Cotton wi
again resumed, and Mr.. Biggs calle
Robert s. Lee To show that objeeti9
:. was made TO MGlaughlin's papers
tsss. He however had forgotten a
Z about the NATTER and was allowed
!. leave tho stand.
J This closed the testimony on bot
!, sides, and Deputy Attorney -gener
Davis made the opening argument 4
= the state to the jury.
= When he closed, at 1850 o'clock, NJ
y Nields opened for the defence and cite
Z a number Of authorities e the court
7 show that unless II was clearly prog'
that tile defendant had wilfully al
Y knowingly violated the law, III refusil
! d vote, he could not be held a
Y countable In his argument he claim
y that nothing had been shown 10 pro
I this, and that tic jury must render
Y verdict of not guilty.
7 Mr.. Nieltls did not cl0se until -.
=, o'clock, and was followed by Attorne
= general BiEgs for the state After {
7 ng number Of authorities, lie q
" dressed himself to the Jury. lie spo
II until O'clock when court took Il rec,
Y until 2.3O O'Clock Friday afternoon
= Mr. l}iggs resumed his argument
the State in the ease Of franklin 3. q
e Ii ton, al soon as court convened +
Y day afternoon, and spoke until 3
H. o'clock when the jury, in answer