Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-06-04
'D0UGHERTY ON THE STAND
Billany and Kelley Cited for
False Registration.
KELLEY IS HELD FOR COURT
And Billany Dismissed with a
Significant Warming.
Pointed Addresses by City Solicitor
Lyman and IL. II. ward, EsI.--What
Judge BAH Said In Regard TO the Posi-
tion of Dougherty and isiIlnny.

M Two important cases connected with the
q recent city registration We're heard at
the city court last night week In the first
Edward Kelley was ordered held III $500
bail for the upper court and in the second
Harry II. Billnny was dismissed but with
q very significant warning not to attempt
to vote on the receipt he holds
AVN kelley's case is a simple one. The facts
columns. Marshal Mahaffy testified that
Kelley moved into town from Brandywine
hundred on March 25th of this year. He
took up his residence in the First district,
~ Fifth ward. The registration books eX-
hibited by Registration Clerk Hnlcoimb
show that he was three months IN thecity,
which latter fact dsagroes with the former
sestimony In reply to Judge Ball the
prosecuting officer City Solicitor lyman,
n Stated that the law in such n case has not
~ been changed by any provisions in the
wv new registration enactments. Three
IH months residence in the city is necessary.
Henry G. Turner Esq. who represented
3W Kelley, said he had no evidence to offer for
his client. The court then ordered Edward
4 n Kelley to be held in $500 bail for superior
~ court
The case Of Harry II. Billany was next
I called. As the present was only aprelimi-
4 | nary hearing, the defendant was not ar
raigned lie was represented by II. II. Ward,
Esq. The charge contained in the warrant
was of fraudulent registration
" The first witness was Registration Officer
Roscoe +. Baylis. He testified that II. III.
'A Billany, No. SOB Adams street, registered
at the polling place northeast corner
\ Seventh and Jackson streets, Fifth district,
Fifth ward. Mr. Ward had no questions
"a TO ask and Mr.. Bayls was dismissed.
III DoUGHERTY oN THE STAND.
The next witness called was ex-Tax-C Col,
lector John ]. Dougherty of the northern
district. After being sworn and tcstifying
10 such preliminary questions as related To
his office the. nature of his duties DC, he
replied to Mr.. Lynam
NJ .tYes, was tax collector for the North
AK ern district during 80 and 'g0--nt least |
Y was during that time--l don't know what
wv am now.n
The big duplicate book was then handed
up to the witness and its heavy pages
sS turned back and forth in search for infor-
nation in reply TO Mr.. Lyman questions.
{6 Mr. Dougharty suddenly looked up and
in a somewhat heated tone answered as lie
81, spread his hand over the broad pages-
Il think myself he liillany) has legal
receipt but through a clerical error he was
not marked here. If any one is to blame
in this matter I'm the one"
Mr.. lynam"Then as a matter of fact
you returned him MS delinquent in 'S9?'
"Yes, as matter Of fact returned him
as n delinquent
s5.a Mr.. Lynam-"Now, if he had been re-
Il
could he be on the list of COZ
s'No, sir, but it was clerical error of
mine.n
The court-"Mr. Lyman, the receipt is
dated December 9Th, 1890, for taxes OF that
year"
Mr.. Lynam--(to noughertyl, "Havc You
in your possession the duplicates of 1892
We want the records of 1880,
The ex-taX collector was then requested
TO bring to the court room his duplicate
II L. l. r. ~. a.
1890, also the colr. house certificates he
may have in his possession.
Mr.. Dougherty-"l cannot say where the
cash book or bloter is.
The eX-taX collector then left the court
room and returned in about five minutes
with the large duplicate book Of 100.
At Mr. bynam's request he turned the
leaves over to the page whore the name of
Billany would appear.
"liarry III. Billany's name is not here,
he replied. II could not get the cash book
of that date either. have no other means
Billany for lsa0.n
To Mr.. Ward "Billany was returned as
an error on the duplicates of 49,"
Here Mr.. Ward handed the witness q
tax receipt signed by him, dated May 18th
1880.
Mr.. Dongherty explained that that was
the day there was great crush in the taS
Office and that il was through his
: (Dougherty'Sl omission that l5illany was
4 marked delinquent for So therefore, h,
paid his tax" added The Witness
* Dougherty then admitted that he signct
the receipt given by him To iiilany fol
x taxes of 1880. He continued protesting
that it was u clerical error always con
isidered and allowed MS possible Under such
pressing circumstances rs existed on tina,
Occason.
"When he came to my desk Dougherty
continued .he liilluny) produced hi;
tax receipt for 's!,-l'n positive Of that
and on that ground he got his receipt fol
1S9O.n
Mr.. Lynam-"It was on that ground
then and on that alone you handed To l'il
ilany a receipt for lSsW?
THAT was why considered gave il t.
him.
Mr. Lynam-"Then without any eyi
g8i dence Of his being on the assessment lis
YOU granted that rrcript?n
lfEE "Yes, sir"
I5't Judge Ball-'IIow could YOU, the Ia,
Y collector, give him a receipt for 1879 whei
he was not on your list for that year,
tlS Dougherty-"lle produced his formci
tax receipt"
81 former tax receipt without being on you
book you gave him this new one?"
%@ Judge Ball-"Was Billany assessed foi
1902
F NO sir, but was afraid that through
any clerical error he might bring sui
against me-"
IT The court-'llave you any authority, ii
view OF guarding yourself as you claim
against risks in view of possible clerica
errors to grant tax receipts rs you admit
doing2"
'ssI2 Dougherty-"I consider citizen has n,
N night to be deprived of his right To vote oil
" that account"
SSElG 1.-THE court-"IIave you any cash boob
"a record to show that this money was paid?'
.&g NO, SIR
iFS "Have you made regular returns fo
cash payments made in your otliceH'
2-5NN "Ges. SIR
lS8 Mr.. Ward, counsel for the defendant
Y ss then desired to offer evidence of y miscel
laneous character in regard to Billanyi
MA residence, &c.
The court did not appear desirous tt
n &s hear it.
Mr.. Ward..,"Do you want proof that HI
si{ is a Citizen
g&R The Court-"rhe only evidence we wan
SNt Mr.. Ward is to see whether your client is
M qualified voter for lS90.n
#@ ANY evidence, your honor, of goot
alH character?'.
M The Court-"No." tsmiling.l
f Mr.. Ward then arose to address thu
IA court for his client. He said in effect:
a "The charge against Billany is in regart
to offering to register unlawfully Ill
must, under the statute be proved I,
have ''fraudulently" registered. Now til,
evidence is that lie was a legal voter of 8!
and had paid his tax. That receipt show