Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-01-26


mitted, between counsel, that George
Washington Currinder, the defendant III
this case was the registrar for the Eastern
Election district Of White Clay Creek hun
dred 1T the recent Presidential election.
The following jury was called: Enoch
Clark, Manson Whaller Henry NJ, White,
Ferdinand Chairs, John II. llolleGker
Charles II. Buynard, Frank Corbit, John
s. Bccson, Jonathan u. George, II; II.
Billany, John Thompson, coloEed, Johh
z. Jester.
Counsel on both sides exhausted their
challenges. Mr. Lyman challenged +. IL.
McCaullev, and the district attorney,
Joseph Callahan.
This, in turn exhausted the panel and
the court instructed the marshal TO call
the talc4meu,
The marshal called Henry q. Banning,
but he was exempt, the court declared
Alton q. Pyle was challenged by Mr.
Lyman. II. II. Billany was the next
talcsman called. Harvey y. Vandegriit
was challenged by the district attorney.
Major Edmund Mitchell Jr., was the next
talcsmnn called aud was Immediately chal'
lenged by the defence Major Mitchell is
the person who was charged at the time
with being implicated in trouble in The
registration office WHARF Registrar Cnrrln
der presided and for connection with
which he was arrested and placed under
bail.
John Thompson was the next talesman
called, and the district attorney challenged
Thepdure II. Armstrong. John 7. Jester
was the last talesman called by this time
all the challenges We're exhausted.
LII opening the case for the government
District attorney Watson stated that the
Indictment was laid under section 5,5l2,
for willully aud knowingly refusing to
I.,l 1 a tlttlV pttnlttinI Qiti-
zen, who applied to be registered, on Sep
TENDER 10Th, at the Eastern election dis
trct of White Clay Creek hundred, where
the defendant George W. Currinder, sat as
registrar.
1lerE Of the Peace W. Pierce Biggs tcs-
tilted TINT John Levy is qualified voter
of the district referred 10.
John Levy, ex-ianltur at the county
court house. told the story of his applica-
ton to Mr., Currindcr to be registered Sep
TENDER 10th. Mr.. Gurriuder said why
do you fellows come in here with those
tax receipts" referring TO a Smalley re-
Ceipt, which witness offered. I'm par.
TALLY qualify You until have taken legal
adviCc.h did mol want to he partially
qualified, said the witness, so | went away.
THE MORRISON JURY DISAGREE.
At this moment the Morrison jury,
which had been out since Tuesday after
noon. filed into the court room. Foreman
llcyd reported no agreement and no likcli'
hood Of one.
The uourt--"Iuu have had ample time,
think. However | cant control your
Judgment. You are discharged from any
further attendance here. think you have
earned yuur fees
MIR. Lynam-"Fhey have earned their
breakfast, ! think, your honor"
The court informed Robert L. Morrison
that he is discharged. lie gave bond in
$500, John H. Rodney being his security,
for his appearance at the April term OF
court.
The four Republicans who held out for
verdict Of guilty were MessrS Holt,
l4ednum, Choate and ThOrp l.ecempt,
the colDred Juror, was with the Demo
cratic jurors, according to the judges
charge. Mcssrs, Gray and Richards, Re-
puhlicans, were also with the Democrats.
Witness Levy continued his testimony
| in saying that he demonstrated with Mr..
| Currndcr, telling INN that he would CON
| suit with the attorney general during the
coming week. lie might have asked me
/ to return next saturday, but | don't re-
member. had i John T. Dick cy receipt
in my pocket. offered a James IL. Smailey
receipt think Mr.. Gurrinder knew
| had the Dcfev receipt in my pocket
am always ready with two tax receipts
| good enough to vote on.
Mr.. l.ynam-"Did not Registrar Curtin
der then and there say to you that h'
would fully qualify you on the Dickey taI
recent?
II told him would not be qualified OF
it. got Collector Smaley TO come ant
prove the receipt genuine
After Collector james W. Smalley hae
testified as to the genuneness OF the tu'
| receipt the government rested.
Mr.. Lyman then asked the court to in
struGt the Jury for non-suit on the fol
lowing grounds That there had been nj
proof that the defendant had knowingly
and wilfnlly refused to register John Levy
also that Levy himself has testified tina
the registrar did not refuse him.
The court deemed II all a question fol
the Jury and would be fair matter f0l
argument.
Registrar Currinder was next placed ol
the stand His testimony was general,
similar to What has alreacy been shown III
offered 70 partially qualify Levy until b
had had advice from the attorney general
Levy sgil I'm be id if you do. / wan
you to qualify ue on this tSmailey) re
ccirt as a fully qualified voter. lie had
Dickey receipt IN his pocket.
J had seen blank receipts tiuating abou
signed by James II Smalley and though
this might be one Of them. | had refuse
numbers Of other Smalley receipts for III
same reason. took q separate list Of tn
partially qualified applicants.
ana showed the list to Collector Smalley
After he had seen them registered every
one of them saw MIR. Smalley on Septen
Der 18th. That was before my arrest.
WIlliam j.. Smalley, ST., testified to
conversation with Levy, when the latte
told him lie would not be qualified on tn
DiCkey receipt.
Arnold Nandain testified similarly in rC
gard to the Dckey receipt.
Thomas Morrison also corroburated tn
former testimony. Ex-Levy Courtma
William l.. Wier and d. H. Donaldson
one Of the registration officers gave sim
lar evidence.
District Attorney Watson then began hi
argument before the Jury.
rnE JUDGEs CHARGE.
At the opening Of court in the afternoo
Judge Wales delivered his charge to Iii
jury, in the course Of which he said "ll
law shN3 the registrar can, in all cast
where he entertnins Il reasonable doub
postpone final determination until neA
sitting
The primary examination which wa
, MOI made, and which government couns
was not necessary. Levy offered his re
ceipt. Therefore Currnder had nothin
!. else to do but reply.
The charge was OVERWHELMINGLY i
favor Of the defendant The points II ii
charge cited above meet directly til
main attack of The district attorne
who sought for a conviction on IL
grounds that the registrar POSTPONED a
, lion on l.evy's application without fir
, going through the primary examination
regard % name, age place os BIRTH ac,
The Jury then retired TO their chambe
Lieutenant Brooks Departure.
. Special CorrespondenceOt Gazette and ,Iourn
NEWARK, Jan 2i-'rhc announceme-