The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-20
THE COTTON CASE.
A United States Judge on the Stand ms
witness--Ail Yesterday Afternoon
Consumed in Hearing Testimony.

A United States Judge ON the stand ms
witness--Ail Yesterday Afternoon
Consumed in Hearing Testimony.
Yesterday afternoons session OF
court convened at $50 o'clock, and
Captain Mitchell, whose cross-exani-
nation was Just finished when the noon
recess was taken, was recalled, and
subjected to long redirect examina-
ton by Mr.. Nields. He said that when
MIR. Carpenter returned TO the polls
he Informed Mr.. Cotton that he had
seen Judge Wales, and he said the
papers were all right. Mr.. Cotton
asked him II he had the opinion in
writing, and he said he had not, for as
the Judge was just going In to his
dinner, he declined to stop to put il in
writing, and Mr.. Cotton told him that
! MS such was the case, he would not ac-
cept the vote.
Joseph L. Martin testified that he
4; lives and votes in the Twelfth Election
district. He was there on November
4, 1890, and heard the controversy
about the naturalization papers. Mr..
Cotton said that he did not wish to
keep any one from voting who had the
right to vote. He requested Captain
! Mitchell to take the papers to Judge
Wales, and the captain asked the wit
ness to take him to the court in his
wagon. He told him he would, but
there was no hurry about it, and they
did not start until about 4.30 o'clock.
! Before they started he heard Mr.. Col
I ton eBk about tho papers, and he re-
! piled they were safe and In good
hands. When they got to tho court
they found it had adjourned, and after
stopping at the Seventh ward polls
they returned to the Fifth ward.
! Geo. II. McCaull was at the Twelfth
district polls on election day and heard
the controversy about the papers, and
saw Mr.. Cotton hand them to Captain
Mitchell. He afterwards heard Mr..
! Cotton ask about the papers and say
I that no would like to know about
them, as he wanted every man to vote
! who had a right to do 50.
Edward d. Sparks testified that he
was one of the clerks at tho election,
and had charge of the poll list. He
remembered when naturalization
paper was presented in the morning,
which, after being examined by MIR.
! Cotton and Mr.. Voshell, was refused.
Mclaughlin then came up, when Mr..
Carpenter objected to his vote being
taken, on the same ground that the
previous ono was refused. Mr.. Cotton
then asked Captain Mitchell to take
the papers to Judge Wales, and in
quired about them several times after
wards.
Mr.. Hields announced that he would
rest with this witness, and Attorney
General Biggs commenced the examin-
alton of witnesses in rebuttal.
Joseph L. Carpenter. Jr., was re,
called, and testified that after he had
seen Judge Wales, he returned to the
polls and told Mr.. Cotton what he said.
He asked the witness Ii he had the
opinion OF the Judge in writing, and
he replied that he had declined to give
It In that way, when Mr.. Cotton said
he would not accept tho vote, The
witness told Mr.. Cotton that IL was
legal ballot, and IL he did not accep'
1t, he would lay himself liable to prose
cution, and he would attend 70 hin
some other day. Mr.. Cotton tod him
he could go ahead and crack his whip
Mr.. Biggs said that he would llke tt
call Judge Wales, TO corrohorate wha'
Mr.. Carpenter had stated in reference
to his visit to him In regard to th'
papers.
MIR. Nields objected, but the CHIEF
Justice decided he could be heard.
Judge Wales then stepped to the
witness stand and stated he remem
bered naturalization paper being pre-
sented to him on election day, by j. L.
Carpenter, Jr,, and that after he exam,
ined it, he told Mr. Carpenter that the
man had right TO vote on the paper
il he was otherwise qualified. He did
not remember being asked to give an
opinion in writing, or of being asked
to endorse the paper.
Frank ID. Carpenter, upon being re-
called, stated that there were at least
seven or eight votes refused on natur
alization papers.
The witness said that Nicholas Fl
dance was not the first man whose
vote was refused on his papers, and
then proceeded to name over some of
them,
John NJ. g. Forkum was recalled,
and testified that he was clerk Mt the
election held in 1890. He remembered
that James Mclaughlin came up to
vote on naturalization paper Mr.
Cotton was ore of the officers at that
election, and when he presented his
tax receipt, Mr.. Cotton stamped it,
Tho witness challenged the vote OF
Mclaughlin on his papers, but after q
discussion the vote was accepted.
While one OF the witnesses was be-
ing examined objections were made to
some of the questions asked him, when
the Chief Justice said: "Mr BiggS,
YOU must make out a case, not only OF
violating the law, as that might have
been through an error of Judgment,
but to establish your case it must he
shown beyond doubt that it was a will
full violation of the law, knowingly
committed"
At 4.20 o'clock court adjourned until
10 o'clock this morning.
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