The Wilmington daily Republican., 1891-05-28
FOURTH EDITION
ILEoAL REGISTRATIONS

Edward Kelly Held to Answer and
Harry n. BiIIany Discharged.
The Municipal Court was crowded, ,as
1t always Is when election trials are
going on.
The first case called was that OF Ed
ward Kelly, charged with illegally reg
Iisterlng at the Sixth district Fifth ward.
The warrant for his arrest was sworn
out by United States Marshal Henry O.
Mahaify. It seems that Kelly presented
himself fol registration and his tax
receipt was stamped.
1t was ascertalned afterwards that
Kelly had moved to this city from
Brandywlne Hundred on March 25th
last, and therefore had not lived in the
city tho specified ninety days as re-
lquifed by law before voter can be
duly registered.
Ex-Postmaster Taylor, one OF the
registration officers, testified as to Kelly
registering, but said he was not aware
that he was not entitled to register or
he would have prevented him.
Marshall Mahaffy testified to wit
messing Kelley register and knowing
that he did not live in the city the re-
lquired number of days sWore out a
warrant on these grounds.
Chauncey Z. Holcomb, clerk OF the
Department of Elections, produced
the registration books, which showed
that Kelly had been registered.
Judge Ball considered the proof pos
tive OF Kelley'sillegal registration and
held him In $500 ball for the upper
court. ,
The next case called was Harry II.
lBiilany. charged with illegally regis
tatina nj thu EIffh dfat riot Eifth xuar1
Joseph l.. Carpenter, Jr., was the
prosecuting witness, and testified that
Billany had registered upon an 1880
tax receipt and that he was in that year
returned as delinquent.
Collector Dougherty being called
to the stand testified that Mr. Billany
lpaid him his taxes for 1889, but the
office being crowded ut the time he
failed to place his name on his books
land when ho came to make up his
books, Billanys name was not there
land he was returned as delinquent.
1t was aclerical error. one OF tho easiest
things in the world to make, said Mr..
lDougherty. II. II. Ward, counsel fol
Mr.. Billany, handed Dougherty a ia,
receipt of Billuny's dated May 49, 1889
and Dongherty said that IL was gen
luine and that he had made II out fol
Il}illany.
Mr.. Dougherty said that when Mr.
Isillany came to pay his taxes for 1890
he gave him receipt because he haC
paid his taxes for 1850 and he was re-
turned asa delinquent through his neg
Iligence.
In reply to question from Judg,
Ball Mr.. Dougherty says he gave Mr.
lBillany receipt for 1880, because ht
lpaid his taxes and held receipt iSi
1880, and he would always do thii
iwhen it was clerical error on his part
Judge Ball-"If any man woult
come to you with tax receipt fol
lsS9, would you give him a receipt iol
'Yes SIR" snid Dougherty. II will
give them out on my own responsible
lity owing to u clerical error ON my
part"
Judge Ball-"Dld you ever receiv,
any Instructions to give receipt t.
ANY man for 1880, who held a receip'
for 1ss9T
mo. sir" he replied, 'but 1 will
when am aware that clerical errol
OCCURS"
Mr.. Ward argued that Mr.. Billany
should be discharged, as he paid hls
$50 taxes to Mr.. Doughterty, OF which
there is 10 dispute but, by the collec
tors oversight, he was turned in as n
delinquent after fulfilling his duties
las citizen. Then In 1880, he showed
ibis desire to pay his tu"os by seeking
the colltc cor and presenting the 1885,
leceipt as u guarantee that he had paid
lhis tax and was entitled to one for the
year 1890. He performed all the duties
incumbent upon citizen to secure his
fright of franchise and a receipt foI
1880. Dougheity has said so. He reg.
Ilstered on a legal tax receipt given
i linn by the county's agent, The re-
ceipt Mas legally made out, as has
been proven by the collector.
, City Solicitor Lyman said he would
take Mr.. DougheIty's word that Mr.
IBillany paid his tax for 1889 and 1t was
not disproved that he did not pay fol
+ 1890, but he was regularly returned as
ia delinquent and Dougherty had no
fright to issue him receipt for 1890
III the receipt was valid one would
Iask Tor the prisoners release but on the
)Iother hand II he secured the receipt al
the same time his name was on the de
iinqucnt list IL is not valid and on these
,Igrounds ] could not nsk for his release
4 Judge Ball said the evidence was moi
risufllclent to hold Mr.. Billany but at tht
lsame time the tax receipt for 1890 wa.
eillegally Issued. 1t was issued illegal
lily though not received by Mr.. Billany
in an Illegal sense. The Judge sait
lIthat receipt being issued Illegally III
might meet with trouble If he attemp
g. led to vote upon it. He then discharged
Slr. Billany.