The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-19
THE COTTON CASE.
The Defense Opens, and Mr.. Nlolds
Claims that he VIII Show the Natu-
ralization Papers Were Not Genuine.

Niuihts thdt ne VIII bhoW tne Nhtu-
raiization Papers Were Not Genuine,
When court convened yesterday
afternoon the case of the State VS..
Francis B. Cotton was resumed, and
Benjamin Nields, Esq, made his open
, ing argument to the jury for the de-
fense. He claimed that the jury must
render a verdict OF not guilty, as
there had been nothing brought for
ward to show that the defendant had
knowingly refused to accept the bal
lot OF legal voter. He said that he
would show that previous to the cleo
ton, a number of naturalization pa
pers were presented, which upon being
examined by the clerk of the U. s.
Court were found to be incorrect and
thrown aside. That IL was on one OF
these papers that the man undertook
to vote.
He said that forms of the proper
papers were furnished the defendant,
and the other election officers, and
that all papers Which were not accord
ing to that form, were rejected.
William p. Voshell was affirmed, and
testified that he was one of the Judges
of the election held in the Twelfth
district on November 4. He remem-
bered when Destefhane came up to
vote. He heard MIR. Cotton say that
he could not receive the ballot, until
he heard from the United States Court
that the papers were all right. Nc
Laughlin and Fidance had endeavored
to vote on similar papers In the fore
noon, but after consultation with
Frank d. Carpenter, it was agreed to
hold their votes in abeyance and not
receive them until something further
was learned concerning them. When
Distefhane offered to vote on similar
papers, his vote was refused.
A messenger was sent to Judge Wales
with Mclaughlin's papers, TO obtain
his opinion on their validity, but he
came back without an answer. When
Distefhane's papers were rejected Mr..
Carpenter took them away, and re-
turned with what purported to be a
message from Judge Wales, saying
they were all right. Mr.. Cotton told
him that he had not asked him to go,
and that he would take his word in
anything else but politics. He also
told him that he should have brought
Judge Wales reply in writing. The
votes of Fidanee and Mclaughlin were
not positively refused, but were held
in allegiance until the opinion of Judge
Wales could be obtained concerning
the validity Of their papers. As far as
the witness could learn, the same was
the case with Distefhane's papers. MIR.
Cotton seemed very much annoyed
when the messenger returned from
Judge Wales without an answer.
At the request of tho court, S. Rod
mond Smith, Esq, Clerk OF the United
States Court, explained that there
were three different kinds Of naturali-
zation papers used by tho court. Ono
kind was for soldiers, who had nm
honorable discharge, another for for
elgner5 who came to this country
while they were minors, and the third
for Foreigners who had declared their
Intentions and resided five years in
this country. Mr.. Smith also said
that he had ordered some blanks to be
printed, and that when thoy were re-
Ceived lie discovered all error and con
dnmned the entire lot. Marshal Ma
haify and some other gentlemen caIne
to him. and at their solicitation hn
permitted each election inspector who
wished, to have one of these papers.to
prevent persons voting ON fraudulent
naturalization pupeTs.
When Mr.. Smith finished his state
ment, MIR. Voshell was crus3-eSamined
at length by Attorney General Biggs,
but nothing different from his direct
testimony was brought out. When he
left the stand the jury was discharged
until 10 o'clock this morning.
The Hon. Charles u. Lori attorney
for thu plaintiffsln the case OF tine oil
Yer Iron and Steel Compunyvs. Charles
J. Shultz has obtained a Judgment Tor
S9S,O0O in favor ot tn, plaintiffs.
All the jurors, except those empan-
eled In the Cotton case, were dis
charged from further Attendance.
which shows that court will finish all
the business t!1is week.
Shortly before 4 o'clock court ad-
journed until 10 o'clock this morning.