Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-04-16

| answered, pulling out lille book.
No other reason was given that know
Of. There was no excitement about the
polls. didn't think Mr.. Fagan's manner
was pleasant. He wouldn't look at the
receipt. That is all. ] went away about
my business after a second attempt.
think Mr.. Peoples looked at my receipt
and handed it over to MIR. Pyle. have
| have done blacksmithing for HIM, and
am intimately acquainted with him.
Mr.. Cooper-'Is he a man of average
or little above the average intelligence %
II think SOL
Mr.. Cooper-"Is he astute and politically
active?'
81 think SOL
elias he the reputation of being well
acquainted with the election laws"
II think So"
The court--"Well, in other words, an
active politician in that ward ~
Eyes. SIR
Mr. Cooper-sDid he not in an arbitrary
manner refuse to take your voter"
"Yes, in an arbitrary manner he refused
to take my vote" The witness was then
given over to counsel for the defence. Mr..
Carpenter obtained a restatement in regard
to the local surroundings of the polls on
election day and then holding up the tax
receipt asked Mr. Woolman whether it
was not assessed on No. 222 West street.
| I1u you HOtt MT, turpGIleTCOnI1nueO,
sell that house in 1883, at least two years
ago."
II can't say, if you have the books they
| will show"
Mr.. Carpenter-"D you know that
you sold the johnson house mot No. 222),
/ in lSS7?i
The popularity Of this question was an
utter surprise to everyone in the court
| room. 1t seemed in some way to criticise
the witness connection with the receipt.
Counsel on both sides got into an alter
| cation. The county court assessment
| books and records were carried up and
placed on the table in front of the court.
Mr.. Carpenter-"We can show, your
honor, that the receipt is for property
Sold"
| Following further explanations it was
decided by mutual consent of counsel not
TO further pursue that feature of the case
| for the present.
In reply to Mr.. Carpenter, Woolman
continued, NO one said anything to me at
the polls. Mr.. Parker did not challenge
my vote. took my ballot and receipt in
my hand when Pagan refused it, He did
not ask to see my receipt. did not say to
Pagan, Go to h, you can't see the tax
receipt"
Clerk of the Peace William P. Biggs was
then sworn. He exhibited the First ward
assessment book. Woolman was assessed
in 10 pieces; 5000 poll; one transfer to AL.
johnson, No. 2l7 Tatnall street. This as
sessment was made in 1885. No poll list of
First district was ever returned to the
clerk.
In reply to Mr.. Carpenter, Mr.. Biggs said
the assessment in this book esq to Wool
man was made six years ago. Another
book was shown (First ward assessment Of
$50 no property assessed to Woolman in
'S9; poll-tax is assessed. In that year,
thnrnfnrp 10 mn hut In
could be assessed.
Your honor will notice. said Mr.. Car
penter, addressing. the court that the re-
ceipt is dated 1885"
Mr., Cooper then commended that the
question of Mr. Woolman name being on
the error list or not bears no relevancy to
the question. He then quoted the decision
Of the Friezleben case before the levy court
Mr.. Carpenter commended that If Wool
man is proved by the records of the court
that he Is delinquent and held no prop
erty, he had no right to vote, He could
only cast his ballot on a genuine receipt.
Now, if that fact were conveyed to In
spcctor Pagan and he being cognizant of
it, il is claimed that it was ground enough
for the officer to refuse the vote
Mr. Biggs exhibited the error list Of the
First ward for 1890 as made up from the
assessment of 1850.
At p. m. court adjourned to 10 o'clock
Wednesday morning,
There was no cessation in the public in
terest i'll the Pagan election case at the
U, >. court yesterday morning. judge
Wales took his seat punctually at 10 o'clock
and District Attorney Cooper placed David
Woolman again upon the stand.
The witness stated he never called on
any one else to pay his tax. He paid it
out OF his own pocket. Mr.. Woolman then
added
when Mr. Bayliss paid his tax he paid
minea the same time and then paid him
back. He did IL at my request"
Mr., Carpenter-"You are positive of
this?n
~ think so--rm pretty near positive"
ION what property did you pay and get
this receipt
Mr.. Cooper-"Don't answer that ques-
ton, Woolman"
Mr.. Carpenter-"N ask your honor,
have not a right to ask the question for
what property that tax receipt before us,
upon which Woolman voted, was paid2f
Court don't think you have You
have no right to question the records. All |
books show everything. The tax was
laid in So and was paid in So
Mr.. Carpenter-"Yourh honor would he |
(Woolnan) be likely to pay a tax on prop
erty and not know what he was paying it
on?n
conrt-"Oh, that cannot be allowed be-
cause its intent is to question the veracity
of the records"
II only wish to ascertain whether Wool
man knows on what property he paid that
tax
Judge Wales thought that this would in
troduce an interminable repetition and re-
stating of testimony. The court ruled that
the identity of the property represented in
the particular receipt under discussion did |
npnanH nG
critics were included under the argument
Woolman then left the witness stand.
In reply to Mr.. Cooper, County Clerk
Biggs stated that the record of IS to 'SS
includes all the assessment until the new
of SO, and no other assessment.
Peter ]. Donnelly, Republican judge of
elections at the precinct under discussion
was then placed on the witness stand. He
testified that Ahrens took the receipt and
Pagan refused It,.
AT the opening of the polls,n Judge
Donnelly continued. "all the election Off
,ials, Supervisors Peoples and Pyle, judges
and others agreed not to accept any vote
hat was on the list of errors. am Re
publican, but must candidly tell the fact
mere. Unfortunately for our party Wool
nan was the first There were five other
errors that day. There was no other OBJ
eetion, but the error list one., We were
III standing together, officers and clerks,
y hSii VIZ pOiio OlcllGus we All uBTee on /
he plan Immediately and came to the con
fusion not to let anyone vote whose name
vas on the error list. must say thought
t was right to do so.
There were no persons or voters names
mentioned to me- We may have deliber-
tied over two minutes"
To Mr.. Carpenter" Pagan
was a little late, few minutes or so, in
getting to the polls. He had been attend.
ng a funeral.h
"The statute of the United States,n Mr..
copper continued, requires (under the
fFr tI