Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-07-20

Mr.. Griffin.
President Perkins--Mr. Griffin can have
anybody he wants to prompt him. We
want to get all the light we can.
Mr. Smith testified that Mr.. McGinity
moved from No. $50 West Second street
March 25th. Witness was in the room
when the count was made. The room is
l3xl5 feet. He was feet from Mr.. House,
He could see the ballots, but could not tell
how they were stamped. He has pretty fur
eyes.
moved March 18th from No. 500 West
Second street to No. l06 Adams street.
Alton q. Pyle testified that he served
copy of the petition and affidavit IN the
case upon Mr. Griffin July LIST Witness
produced copies of the papers, which were
| admitted as evidence.
Everett Jones, who was a clerk at the
Second district polls, testified that there |
| was no objection to Mr.. McGintyS vote. |
Mr.. House was about 81 or feet from MT.
| Dougherty during the count. Witness DID |
not hear any agreement as to the count |
nor any statement about improperly
stamped ballots. He did not see the
ballots. Mr.. Paxson was about ~ inches
further from Mr.. House than the latter
4 was from Mr.. Dougherty.
George A. Shank testified that he was
the Democratic Inspector. The officers
bad talk over the matter of taking the
parent and there was no objection to them
being counted. Eleven or IL straight
tickets were stamped only opposite the
name of Mr.. Norton and five or six only
opposite the name of DR.. Shortlidge No
attention was called TO them. They were
simply called of. Witness did not see
| MIR. PaXson turn over ballots so that Mr..
House could see them. Mr.. Paxson didn't
have time TO do it. Eight or nine ballots
which were not stamped in the device
we're counted for Mr.. Magugan. MIR.
House was eight or nine feet away and
could not tell whether or not ballots were
improperly stamped. July I'd Mr.. Paxson
told the witness he (Mr, Paxson) might
have been mistaken in the count. He said
he had counted about 26 in his head. Wit
ness told MIR. paxson he did not think there
were so many. Election night he said to
Mr.. PaXson that If the Illegal stamped
ballots had been thrown out Mr.. Griffin
would have had q majority Of only four
or live. Witness did not keep record OF
these ballots and did not know they were
, illegal. II they had been disputed he
| would have made record. Mr.. MeGinty's
! vote was not objected to. Although he
moved from one house to another Mr., Nc
, Ginty did not move out of the district No
/ objection was made TO signing the returns.
Mr.. Paxson did not object to the vote. He
said he was not certain but that he had
: made a mistake in the count.
Neal Dougherty, another inspector, tes'
titled that he thought Mr.. House was seven
or eight feet from him. MIR. House could
: not see the ballots in the hands of the wit
ness. Mr.. Dougherty did not see Mr.. Pax
r son turn ballots over so that they could be
seen. He took the ballots from Mr.. Pax
son. There were 10 or II of the disputed
ballots. Some were Republican and some
Democratic. Several ballots on which Mr..
:. Griffin had been scratched and which were
| gtu r.
IA Maguigan. If the ballots had been turned
by MFR. Paxson he could have seen them.
"A Henry p. Lopez testified that he was six
feet from Mr.. Paxson. little further
away than Mr.. House was. He did not sec
ii Mr.. Paxson turn any ballots over. Witness
, was the Democratic challenger.
Joseph Murray testified that Mr.. Hous,
No was six or seven feet from Mr.. Paxson
+. He did not see any ballots turned over no.
M did he hear any protest against the vote oil
- Mr.. McGinty. Witness YVES the Demo
cratic clerk.
mr. Next the name of Bennett F. Rutter wa
. called but he did not respond.
in George w. Curry testified that he was a
% the door during the count and Mr.. Hous
he was only two feet from him. Witness say
the ballots but could not see the stamps
n. He did not notice Mr.. Paxson turn owe
In any ballots for Mr.. House to look at. MI
- House was back of Mr.. Dougherty al
ed might have seen the ballots held by tina
individual.
os Taking testimony ceased at Ii. 12 o. clock
20 The last witness had not gotten outside tn
in Council railing before Mr.. Wainwright
was. upon his feet shouting Mr.. Presiden
NJ have a resolution to offer, and Instant
nh he sent to the clerks desk and had rea
M. the following ''ready-made" production
WHEREAS, Francis Maguigan, having nle
u.s. his petition with the Council, according TO h
ir, provisions Of the act Of the General Assembl
for the purpose OF contesting the election
James NJ. Grimm, to the once OF member
- Council from the Third ward in the city OF WI
an mington, It became and was the duty Of CouI
ell to appoint a day, time and place tor hea
ing and determining the said cause; and,
on WHEREAS, The said cause coming on 10 !
heard and deTermlned on this 18TH day OF Jul
A. D, 1898, In the Council chamber at 8 o'cloc
-, | in the evening OF said day, that being the da
INK place and time du,y appointed for the pu
pose and notice thereof having been du
given in accordance with the law and all 9th
Der | provisions OF law having boon fully compli,
with, the Council proceeded 10 hear the wi
nesses and all the evidence produced on behs
!, of the said Francis Maguigan and the sa
tne James NJ. Griffin, and has fully and fair
dis heard the said cause. and
nty WHEREAS, II appears from the eyidense su
cot mitted that at the election in dispute on 81
Sos urday, June 3d. last past, in the Third ward
: a. the SECOND district thereof, divers Illegal
MsS stamped ballots to the number OF tWenty-sev
INT; (21i were wrongfuly and illegally counted
and the said James NJ, Griiin for the ONCE afol
Gere said, which said votes being deducted from
,me total vote accredited to the said James
Re Griffin for said ONCE, TO wit, four hundred a
- twenty-four (424, leave remaining the numt
lots OF 397 votes witch is the legal number oil 70
we're received by the said James M. Grimm for
said ofice OF member OF Council from tue Til
leld ward: and,
see WHEREAS, 1t appears from the evidence p
biia duced on tho part OF Francis Maguigan that
~, the election Aforesaid, in the ward and distG
and illegalIy-stamped ballots 70 the NUMBER
three C) were wrongfully and illegally coun
lade for the said Francis MaguigBn for the OF
aforesaid which said votes being deducted fr
hssr the total vote accredited to the said FrGr
"A Maguigan for said once. TO wit: Four hnnd
and eight A03), leaves remaining the mum
wear Of four hnndre and Ave l405), which Ia tho lie
egal number Of votes received by the said FraI
Maguigan for the office oil member Of Coul
hers from tue Third ward: therefore, be II
tnrn Rssoued,r By the Council by virtue OF
all. Aasen,hiy IN sich case made and nroviG
Pax tnat Francis MAguigan havlng lawfully
s. | ceiyed u majority OF votes in the ihird W
had aforesaid for the ONCE Of inomber OF Cou
mt of from the Third ward aforesaid, was and is,
is hereby declared to be legally elected to
the and Il T IL serepy fpthss ad,u1Sed ana se
nem? by the Council that the said James 81. or
was not legally elected 10 the said one
member of Council from said Third ward
you not entitled I e hold the SAID once he
.k.t Rss1iped, That the foregoing decision OF
Nhos Council In said cause, after being nrst
signed by It's officers, shall be publishe
two daily newspapers printed in the cit
I'm. Wilmington pursuant TO the provlsons o.
act OF the General Assembly in that be
passed at Dover on April 9th, 1893.
enger. Mr.. Wainwright moved the adoptio
oathf the foregoing.
e Re- Mr.. Gritfin-I will ask whether the
lutions were prepared since or before
from | testimony was heard They are LEM