Evening journal., 1893-07-13
CAR PERKINS ON TOP
Continued From First Page.

gave his residence as No 109 Adams
street in the Tenth ward. There were
twenty seven irregularly stamped ballots
counted for the Democratic candidates
and three for the Republicans He was
afraid TO protest because he had been
warned that he would be put out He
Tailed these improper ballots in a pass
book, which was produced and put ia
evidence. He said ne was sworn officer
and when cross-questioned admitted
that he was sworn by the chairman Of
the Republican executive committee
Mr. Griffin tried to get from him the
name Of the man who administered the
oath, but the question was ruled ont
Henry w Smith, Of No. S07 West
Second street, saw part of the ballots
counted and gave unimportant evidence
as to the relative distances between the
several officers.
Churcbmsn continued to coach the
city solicitor and the Democratic side
demanded fair play, but it was Of no
use.
James Keenan,, Of No. 1874 west.sscond
street. said that MtGiniy had lived at
No $50 West Second street. but moved
on March % TO No. 106 Adams street.
Alton G Pyle's testimony was as 10
the service Of copy of the Maguigan
protest on Griffin.
Everett Jones' poll clerk, heard no
object on made to the irregular. ballots.
The contestant here closed his case, and
Mr.. Griffin began calling his witnesses
schenck to the Rescue.
Inspector George A. Schencs, Demo-
ocrat. said there was no dissent TO the
counting Of the ballots He thought
there we're twelve irregular votes
counted for the Democrats and five or
six for the Republicans He denied that
Paxon turned up the ballots for
Hause's benefit Eight OF nine irregularly
split tickets for Maguigan were counted
In the same way Paxon told him he
was not sure of the number of irregular
ballots. He kept no record of the
ballots There was no objection 20 talk
ing McGintys vote as he had moved
but not hey ond the district. The re
turns were signed without protest Of
any kind
Inspector Neil Dougherty testified
that Hause was seven or eight feet away
and could not see the way ia which the
ballots were marked He did not see
Paxon turn over the ballots. He placed
the number of irregularly marked ballots
at from fifteen 10 seventeen. Some
split ballots irregularly stamped were
counted for Maguigan.
Henry Loper, Democratic challenger,
said he was about six feet from the
inspectors and could not see the ballots
AS marked. Hause might have been
nearer He did not see any ballots
turned for Hause's benefit
Poll Clerk Joseph Murray saw Hause
six or seven feet from the inspector, but
did not keep his eyes ON him all the time
as he was busily engaged in his clerical
duties. McGinty's vote was not pro-
tested against
George w Curry was present at the
count. He was only two feet from
the inspector and could not see the
marks on the ballots. Neither did he
see Paxon turn the ballots over for
Hause to scan them.
A Cut-and-Dried Resolution.
Both sides closed and Mr.. Wainwright
offered the following cut and dried
resolution:
Whereas, Francis Maguigan, having
filed his petition with the Council, &C.
oording to the provisions Of the act Of
the General Assembly, for the purpose Of
contesting the election of James NJ
Griffin 10 the Office of member of Coun-
eli from the Third ward in the city OF
Wilmington, IL became and was the duty
of the Council TO appoint a day, time and
place for hearing and determining the
said cause and,
"Whereas, The said cause coming on
to be heard and determined on the 18th
day of July, A ID, 1898, in the Council
chamber at 3 o'clock in the evening Of
said day, that being the day, place aud
time duly appointed for the purpose, and
notice thereof having been duly given In
accordance with the law fully COM
piled with, the Council proceeded to
hear the witnesses and all the evidence
produced on behalf of thu said Francis
Maguigan aud the said James NJ Griffin.
and has fully and fairly heard the said
cause; and
Whereas. It appears from the evil
dence submitted that at the election In
dispute on Saturday, June last past in
the Third ward at the Second district
thereof, divers illegally stamped ballots
to the number of twenty seven (2O we're
wrongfully and illegally counted for the
said James NJ. Griffin for the office afore.
] said, which said votes being deducted
, from the total vote accredited TO the
said James M. Griffin for said Office ia
W.T. TOUR uuuuieu ana lWenly-tOur GID
leave remaining the number Of 307 votes,
+ which is the legal number OF votes re-
ceived by the said James NJ Griffin foI
the Office of member Of Council from the
Third ward and.
Whereas. It appears from the
evidence produced on the part of Fran.
cis Maguigan that at the election afore.
J said, in the ward and district aforesaid.
ON the day and date aforesaid
divers Illegally stamped ballots TO the
number Of three (3l were wrongfully
/ and Illegally counted for the said Francis
o Maguigan for the office aforesaid which
: said votes being deducted from the
total vote accredited 10 the said Francis
Magnigan for said Office, to wit; Four
hundred and eight 40S) leaves remain.
- ing the number of four hundred and
e five l4O5l, which is the legal number of
votes received by the said Francis
Maguigan for the office of members of
i Council from the Third ward; there.
Is fore, be Il
e Resolved, by the Council by virtue OF
Z, the authority vested in the Council by
b the act Of the Assembly in such case