The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1891-02-18

This mornings session OF court con
vened ct 10 O'Clock, with Chief Justice
and associates present.
Immediately after the opening a
jury was drawn and the case of the State
VS.. Francis b. Cotton, was taken up
for trial, with Attorney General Biggs
and Deputy Attorney General Davis
for the State, and Benjamin Nields,
Esq, for the defense.
The following are the names OF the
jurors: HarryS s. Woodkeeper, j. Elwood
Conlyn, John Mccullough, Edward Nj.
Herbert. George $. Hiel, Robert @.
Ratledge, John Rambo, William II.
Lee, John w. Dickinson, Mansel
Tweed.
The case was opened by Mr.. Davis,
who said that II the charge was proven
the defendant was guilty OF q INSIDE
meanor.
He then proceeded to state what he
thought the State would be able to
prove, and commenced the examina-
ton of witnesses.
Joseph l.. Carpenter, Jr., testified
that he was voter in the Twelfth
election district OF the Fifth ward on
November 4, 1890. A man named
Louis Distefhane came to the polls to
vote and presented his tax receipt and
ballot.
This was about eco o'clock in the
afternoon, and Francis b. Cotton, the
Inspector. refused to accept the vote
on the ground that the voter was not
naturalized citizen. The witness had
seen Judge Wales in reference to the
matter, and demonstrated with Mr.,
Cotton. He told him that II he would
not accept this vote he was assuming
great risk. and he replied that he
could 30 ahead and crack his whip.
The witness told Mr.. Cotton that the
papers were valid, and the man had a
perfect right TO vote. He pressed him
to take the vote, and told him that hi
would be liable to prosecution il hs
persisted in refusing to accept it. Az
he still refused to take 1t, the wltnes:
told him he would attend to him OF
some future day, and then left tn,
polls and went to his office.
Mr.. Nields cross-examlned the wit
ness at length, aud during the exami
nation there was considerable partisan
feeling shown.
Frank d. Carpenter was sworn, ant
| testified that no was the Judge of tn,
election on November 4, 1890, In tn
| Twelfth Election district. He re
membered the fact OF Disturbances vot,
being refused. He objected, and reat
part Of the naturalization paper, ant
when Mr.. Cotton still refused to &C
eept the ballot, told him he would b
liable to be indicted.
On the cross-examination the wit
ness admitted that he had refused t,
accept the vote of Mclaughlin, on hi
naturalization papers. He did this be
cause Mr.. Cotton had refused severa
other votes on the same grounds.
John NJ. q. Forkham testified that b
was United States Supervisor, an
served at the election held on Noveln
Der 4, 1890. He knows Distefhane, an
remembered when he came up to vote
He offered his tax receipt but MI
; Cotton refused to accept the ballot
Mr.. Carpenter urged MIR. Cotton an
warned him of the consequence, whe
Mr.. Cotton told him to go ahead an
crack his whip and he would bear til
consequence.
On the cross-examination severn
questions were asked by Mr.. Nieldi
) to which objection was made, and TIL
, witness was allowed to leave I'll
stand.
Louis Distefhane testified that h
had lived in Wilmington seven year
and is naturalized citizen. He owl
!, three houses, and on election da,
when he went to tho polls to vote,
was accompanied by Mr.. J. J.. Carpel
ter Jr., who has known him for foI
years. He handed In his ballot al
, papers, but Mr.. Cotton refused to tai
! his vote, and he went home.
S. redmond Smith, clerk of u
United States Court, was sworn, al
l Identified the naturalization papers
having been issued bY that court
This was the last witness for 81
| State, and court then adjourned unit
$50 O'Clock this afternoon.