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

oouhueu, Tor IL ne mad he would havl
been pnt out OF the room. One bal
lot was torn. the Republican side beins
Laken. on and 1t was thrown out
Ihere was no objection made 10 count
ing the illegal ballots. The witnes
Kept an account OF these ballots In |
small book, which he produced, ant
City Solicitor Elliott offered II In eyi
dence.
Mr.. MoNulty objected. Tut tn
objection was overruled by tn
president who decided that a
u was O book OF original en-
try 1t could be admitted for what /
was worth.
There was a little wrangle betwei
Mr. Griffin and the witness On cross
examination, the witness giving th,
Impression that Mr.. Griffin wautes
MIN TO stay away. Mr.. Griffin said h,
would take an oath that 1t WIS not so
house having said he was sworI
onicer, MIR. Griffin asked him what h,
was sworn to do. He replied TO d,
his duty. Asked who swora him b
said the the chairman of theRepubli
can Executive COMMITTEES. Mr.. GrlfflI
was not allowed to question him fur
Their on that line. Griffin said h,
wanted to know who the man wht
swore him ia.
Henry w. Smith, OF No. So7 Yves
Second street, was the next witness
and testified that he was In the room
about fifteen minutes when the count
Ing was going on.
While the witness was being exam
ined Mr.. Churchman placed hlmsel
close to City Solicitor Elliott and KEEP
prompting him. MIR. Griffin objected
and said that he thought this was very
unfair, and that II 1t was permitted hi
should be allowed to have Mr.. Lyman
near him to be guided by lis advice
Inc contestant virtually has two at
torneys, while he was not allowed the
benefit OF ore. There was no actor
taken on the matter and the examina
ton proceeded.
Continuing, the witness said that he
saw. House marlSing something In O
book. The witness knows McGinty
he formerly lived on West Second
street, but removed to some Other
place. the witness did not know where
James Keenan,, OF No. S34 West Sec
ond street, testified that james Nc
Ginty lived at No. $40 West Second
street, moving March 25, to No. 10t
Adams street.
Alton Z. Pyle testified that he served
the copy Of the petition and affidavit
In this case upon John NJ. Griffin OF
July |, and kept a copy, W hich wai
produced.
Everett Jones. of No. 10 Monroe
street, was clerk at the polling place,
He heard no objection to any OF the
ballots. With Mr.. Jones' testimony
the petitioner closed.
TESTIMONY FOR THE DEFENSE.
George A. Schenck wns the first wit
neas for the defense.
lie testified that he was one of tile
Democratic inspectors in tho Second
district OF the Third ward, at tho re.
cent election. There were ten OF
twelve ballots that were stamped CD
posito Norton's name, and five or Sly
stamped opposite Shortlidge's name,
There was some talk about these bal,
lots being Illegally stamped, but as il
was evident the parties voting them
had Intended to vote the entire ticket
they were counted. There were some
eight or nine tickets that had Griilin's
name scratched. and that df Magui.
gan stamped, and witness made the
remark that those depositing them
must have known who they wanted
to vote for. On Sunday, July ., Inc
witness was talking to Paxson about
the illegally stamped ballots, and he
admitted that he was not sure about
the exact number, and might have
been mistaken. as he kept thu count in
his head. PaNson said there were
about twenty-six illegal ballots.
On Cross.examination by Mr.. Elicit
the witness said there was noobiectiou
made 10 counting these ballots, and
that II there had been he would have
held on to them as required by law.
lhere was no objection made to Ne.
tilhty's vote, MS he had only removed
from one part OF the district to an.
other; neither was there any objection
made to signing the returns,
Inspector Nell Dougherty was the
next witness. In answer to questions
from MIR. Griffin tho witness said that
House was seven or eight ieet away
when the ballots were counted. He
could not sec the ballots In The hands
OF the witness. he did not see PaXson
turn over the ballot SO that House
could see them. He believed that there
were only fifteen to seventeen i'm
properly stamped ballots found. Some
ballots Improperly marked were count
ed for Maguigan.
IN answer to question from MIR,
Elliott the witness said that he was us
sistant inspector ut the polls.
Henry Lopez testified thuthe was In
the room when the bal pts we're being
counted, and stood about elk feet
away from he inspectors. flo could
not see tho ballots, but House was n
little closer; still lie did MT believe
that he could have seen them. In
answer to Mr.. Elliott, the wItness
SAID that he was the Democratic chal-
lenger.
Joseph Murray testified that he was
clerk at the election, and was in tile
room while the count was bting made,
but did not notice all the time where
House stood. At one time lie saw him
several feet distant, and tie witnoss
could not see the ballots from where
lie stood.
George W. Curry was the Inst Wit.
ness called by Mr.. Griffin, and said he
was present when the ballots we're
counted. He was about two feet from
the inspector. lie could not sec how
the ballots we're marked. He did moi
see PaNson turn over the ballots Tor
House to see them. House might have
been able to see the ballots.
Both sides closed and Immediately
afterwards Mr.. WainwrightolI the
following preamble and resolutions.
Whereas Francis AlaguIgan. hny.
ing filed his petition with the Council.
according to tho provisions of ths act
of the General Assembly, for the pur.
pose OF contrasting the election Of Jas.
NJ. Griffin, to the Office OF member of
Council from tho Third ward In the
city OF Wilmington 1t became and was
the duty OF the Council to appoint a
day, time and place for hdaring and
| Il lat a nj Ftf mi al
Whereas, The said cause coming
on to TO heard and detarm ned on the
18th day OF June, A. D., 1883, In the
Council chamber, at S O'Clock in the
| evening OF SAID day. that being the
day. place and time duly appointed
| for the purpose, and notite thereof
having been duly given in accordance
! with the law lI'i's complied with The
Council proce ded =1hear tlewitnesses
and all the ev,,, y prodced on be.
half OF the said flancis Ma guigan and
the said James NJ. Griffin, and has
fully and fairly heard the said cause
and
Whereas, 1t appears fro m the evi.
dence submitted. that at the election
in dispute on Saturday, June 3rd last
past, in the Third ward. at the second
district thereof, divers illegally stump
ed ballots to the Der of twenty,
seven CID were wrongly and illegally
counted Tor the said James M. Griffir
Tor the oflice aforesaid, which said
votes being deducted from tho total
vote accredited TO the said james NJ
Grimm Tor saih oillee, To wit, four hun
dred ahd twenty-tour (f2tl, leave re-
manning the number of 397 votes.
which is the legal number Of votes re.
ceived by said James NJ. GtiiIin for the
ollics OF member oil Council from the