Evening journal., 1893-04-27
REGISTRATION OFFICER TRIED
PENDING CASES NoLLE PosEQUlED
BY THE DISTRICT ATTORNEY.


Attorney willard Salisbury Testines
That He Instructed tho Defendant
That the U. 2. Supervisors Had No
Right to scrutinize Tax Reoeipts-The
Jury Fail to Agree in the Jacobs
Case.
The case Of John B. Ginder, registrar
Of elections in the First district of the
Seventh ward, was taken up at yester-
day afternoons session of the Unired
States Court He is charged with hav-
ing interfered with United States
supervisor on October 29 1892
Chief Supervisor 5. A Macallister was
the first witness for the prosecution aud
identified copies of the instructions
issued to him upon bis Interpretation of
the law.
Richard Heritage, United States sup
ervisof, vas called He states that
Ginder refused to allow him to see and
copy from the tax receipts the numbers
and names as required by his instruct
ions
Thomas Condor corroborated the tes
timony OF the previous witness
In his own behalf John b. Ginder tss
titled that he had refused TO allow the
supervisors to handle the tax receipts OF
make copies of the names. He had done
50 because Willard salisbury aud Sena-
tor Gray had old the registration officers
that supervisors bad no right TO handle
them Court adjourned before the wit
ness had finished bis testimony
The court announced that the election
cases would not be continued after this
week District Attorney Watson entered
a nolle prosequi in all the untried regis
traiiOn cases.
At 8 o'clock the jury out on the Jacobs
case returned 70 the courtroom and
announced that they could not agree on
a verdict
The case Of John B Ginder was again
on the witness stand when the court
opened at 10 o'clock this morning.
William A. Hukill and Willard Sauls
bury, Jr, we're called by the defense.
The latter stated that he had instructed
the supervisor as testified to by Mr.
Gnder. The defense rested
Mr. Watson argued the case before the
court saying in part that the statute:
were 80 constructed as to allow the sup
ervisors a right to copy the names o.
persons from the registration books ol
| ldN lecelplS.
Mr.. Biggs began his argument to the
court at II 80. He explained the instruc
tions given by Chief Supervisor Ma
callister. The question was whether hl
exceeded his authority in issuing the
instructions. The United States die
not have the power to take
those receipts in their hands anC
scrutinize them. What would pre-
vent them from refusing to give such re
ceipts back2 Il might place a voter in
place where he could not vote on election
day. If the remarks of the distric
attorney, that the United States super
visors are on a parallel with the stat
registration officers are true, why shoul'
we not turn our election over to tn
United States entirely? In order 4
constitute a crime man mus
commit that with criminal intent. But
taking into consideration that this de
fendant was acting on the advice of hi
counsel, he did not commit this Grim
Intentionally. Mr.. Biggs finished hi
argument at - 30.
Mr. Watson again arose and said tina
be did not think that the statute mean
the words which Mr.. Biggs had said
did.
When Mr. Watson had concluded hi
argument Judge Wales said he woulI
consider whether or not Mr.. Macallis
ter had any other power excep
that given under section No 2O26 l
order TO do so be would take few min
utes to study the matter and therefor
discharged the jury until 2 o'clock.