The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-07-13
AN ExorrINo oosrrsr.

Tho Case OF MaRuisan vs.. Grimm
Heard at Last Esenins's Session of
Coancii and Decided in Maguigan's
Fayor-A Long and Exciting sc.sion.
The fact that there was to be q con-
test last evening caused Council cham
Der to be well filled with spectators,
and considerable interest was shown.
There were several ex-members OF
| Council present. and a number OF well
known politicians OF both parties.
Council was called to order at 816
| o'clock by President Perkina after
which Clerk Hersey called the roll and
all the members answered.
MIR. Smith moved that the counsel
Tor contestants have the privilege OF
the fioor, and the motion was lost.
MIR. Meaney moved that the wit
nesses on both sides be requested to
leave the room, until their names were
called. and the motion was carried.
Clerk Hersey then called their names.
and as they answered they were re-
quested to leave the room.
On motion OF MIR. Dannenberg,
Squire Monaghan, who was present
was selected to administer the oath to
the witnesses.
Philip z: Churchman was present to
represent Mr.. Maguigan. and William
L. Lyman on behalf of Mr.. Griffin.
AS 1t was noticed that several of thu
witnesses were still in the room the
baililf was, on motion OF Mr.. Smith, In
struoted to take charge of them.
MIR. Wainwright offered q series OF
resolutions which provided that
neither member shall be represented
by counsel and that the City Solicitor
shall examine all witnesses. 1t also
provided tina: Mr.. Griffin should have
the privilege OF asking any question
or OF deputizing some one member of
Council to do IL for him.
Mr.; Meaney moved to amend, by
Inserting that any member OF Council
should have the privilege to ask ques.
tions.
The amendment was advocated by
the democrats and as strongly OPP
posed by the Republicans, and when
at last a vote was taken 1t was defeat
ed by to 9, being a strict party vote.
and the resolution as offered by Mr..
Wainwright was adopted by the same
vote.
At the request OF MIR. Donohoe, the
petition and affidavit of Francis Ma
guigan was read by the clerk.
Mr.. Donohoe then called for the
reading OF the section of the law bear
Ing on contested elections, which was
done by Clerk Hersey.
On motion of Mr. Dannenberg the
examination of witnesses was COM
menced.
James s. Dobb was sworn. ond testi.
lied that he Is chairman OF the Depart
ment OF Elections OF the City of Viii
mington. and received the registration
books, the tally lists and other papers
pertaining to the election held on
June OF this year. At the request of
CITY Solicitor Elliott, he produced tho
tally list.
As Mr.. Elliott was asking the wit
ness questions, Mr.. Griffin inquired
whether these were his own questions
or those prepared by Mr.. Churchman
MIR. Elliott replied that as he had not
examined the witnesses he had no op.
poftnnlty to prepare questions him
self. and that he was ready to ask any
questions that might be proposed by
the other side. He felt that he was In
delicate position. and desired to do
his duty to both sides.
Mr.. ONeill commenced to speak on
the matter, when President Perkins
salu that although he was loathe to do
SO he was obliged to rule the member
out oil order. as there was no motion
before the house.
The witness then referred to the
registration list, and found that Jas.
McGinty had registered as residing at
No. 500 West Secod street, and that
there had never been any change in the
address. lie also referred to the poll
list OF the Second district of the Third
ward. and found that Francis Magui.
gan had been returned as having re-
eelved 6S votes. ami James NJ. Griffin,
Sc votes.
Clerk Jersey was sworn, and after
examining the returns as presented to
him corruborated the testimony OF
the preceding witness in reference to
the mum Der OF votes cast in that dis.
trict. He also testified that the certi-
iicates rs handed to him from the De.
partment OF Elections, correspondent
with the figures already given.
He also testified that tho total vote
as returned for tho ward showed 324
Tor Griffin and 3OS votes for Magui-
gan.
Mayor Evan G. Shortlldge testified
that he has the certificate as returned
to registration office. At the request
OF MIR. Elliott he examined the list of
the Second district OF the Third ward.
and found the vote az already stated.
Charles Paxson testified that he re.
sides at No. S07 West Second street,
and Mt the late city election was O Re.
trlct of the Third ward, and that
George lank and Neill Dougherty
were tho two Democratic Inspectors
lie also named the clerk and challen-
gers During the count there was
quite number OF persons In the
room. The witness knows Jumes Nc
Ginty and knows that he lives on
Adams street between Front and
Second streets.
lilo ~ ha "A
In his ballot or he would have object.
ed. lie came In the room Just as the
ballot was being placed in the box and
spoke about about 1t, but 1t was taken.
The ballots Tailed with the clerk . list,
and the witness saw twenty-eight H.
legally marked ballots There were
10 objections made to the ballots DO.
ing counted. There were four i'm.
properly-marked Republican ballots.
There was no record of the ballots
kept except in the head OF the wit.
ness ana in book kept by House,
Schenck opened the ballots and hand.
ed them to the witness and lie handed
them to DouKherty.
Twenty-four of these ballots were
stamped opposite the name OF Norton
FOR Mayor, and four opposite the name
OF Shortlldge. There was no objec-
ton made to counting them.
Each of these ballots was counted
for the whole ticket which it repre-
sented. After the count was completed
the ballots were burned. All the bal.
lots were included when the returns
were made out.
As Mr.. Griffin had selected MIR.
O'Neii to speak for him, he cross OK
amined the witness when he said that
all the ballots passed through his
hands and he kept an account OF those
stamped illegally in his head. lie
made no protest and did not object to
them being counted.
Mr.. 0'Ncll-"What right had Won
to pass illegal ballots as judge OF
election"
/ II was not tile Judge
, Ibid you not agree to pass the bal
lots?'
Il did not"
You did not see any cause of pro.
test, and now you come up as q star
witness"
"a man can do as he thinks best
BE honest enough to answer II you
do not expect to receive some reward
] for this"
II do not, and that Is not a legal
question"
President Perkins-The gentleman
muGt conllue himself to the charges.
He mus. not impeach witness char
acter.n
Mr.. O'Neill said Council was not al.
lowing the defence q fair show,
Whether the witness impeacnes him.
sell depends on his answers.