The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-04-28
FOURTH EDITION


Y - -. - 49,
GINDRR,s CASE BEFORE THE JURY
The Court and Counsel Disagree and
Anether Trial IL Begun-Gosnoii onl
Trial.
When the Federal Court reconvenedl
yesterday afternoon. Judge Wales conf
tinued his charge to tho jury, 1t Isl
not denied that the defendant refusedl
to allow the supervisors to handle thel
receipts on this registration day. hisl
defence IL that he ncted under the adj
vice OF counsel.
In referring to the different sectionsl
OF the law the court saw how COUNSEL
could fail to connect all the sectionsl
OF the statute OF the law. and from thel
general scope Of the law find authority
for the supervisors action. The error
arise, In assuming that eich section OIL
the law must be isolated and interpre-
ted without reference to preceding orr
following sections.
i haye concluded that the reglstra.
ton officers were compelled to hand
the tax receipts over to the supcrvis-
ors. Think the instructions OF Colo-l
mel Macallister were fully authorizedl
by tho law. The only question then is|
did the registration officers refuse tol
allow tho supervisors to examine tax
receipts do so with evil intent.
Under tho United States laws the
State laws become United States laws.
Tho Supreme Court has decided this.
When members OF Congress- arc being
elected Congress assumes the right to-
scrutinize the Staie registration or
vote. The Supreme Court has decidedI
| that this Ia constitutional right. and
k... rl.at in
| United States adopts the State law and
consequently officers appointed In
pursuance OF an act Of Congress Tor
this purpose have all the authority
conferred by the State laws.
Under the laws OF Congress then the
supervisors had the right to inspect
tax receipts, and the defendant in re-.
| fuslng to allow them to do SO has vio-
lated the law. II this jury Will take
instructions from the court IT Will
have to find the defendant guilty In
the manner and form indicted. Inc
court gives these instructions beca use
there is no uuestion Of fact involved.
The defence has argued the case as in
yolviDg only questions OF law.
Attorney Bugs objected to the
charge az to the statement that no
questions OF facts being involved. He
thought differently and had otintend'
ed to make defence upon an inter
probation OF the law. The court un.
derstoou that counsel had hinged His
defence upon the fact that the defen.
punt was acting under instructions
and was therefore exempt from crimi.
nal liability. In order to get out OF
the difficulty caused b. tho misunder
standing between the court and coun.
sci, suggested that the defence accept
verdict from the jury and then en-
ter motion for new trial. Mr. Blggs
refused to accept any verdict except
one OF not guilty.
The court then suggested that {
Juror withdraw and let the case go t,
new trial and this was accepted, Al
tho request OF MIR. Biggs, J. j. Peirct
Withdrew from the jury box and the
jury was then discharged.
"A new jury consisting OF J. j. Peirce
, Elijah Barton, ". Nj. Holt. james Al
!. Bryan, p. +. Massey, ST., Isaac L
, Hearn, Thomas Mccoy, Samuel ]
Thomson, W. G. Wiley, John Moore
! John +. Dennison and John L. Wilsol
J was empaneied
The new trial began at $50 o'clocl
i: and Colonel $. A. Maoalllster, Rlchur,
. Heritage and W. A, Hukill were pu
r on tho stand for the government an,
Willard salisbury for the defence
l n
adiamrna Dc" WI" "'
!. .Tba o., ri ra,onveped MI 10 o.clocl,
:. NJ Piags steted tbot he deaired I,
: ntser no surtIer testimony in Ina cas-
all Mr. Watson a1dressed the inrv ~
The fnnts ~ the case which Ind mn
!, haon denin,I bv nnv III tbe witnasse.
. Ia t,en .ddressei tho court for fIy
: ,ninmtca Air, Ivnam stnted the cas-
. To- Inc Jury Ua .niJ thnt soma III In
y facts md bean admItied hut other
! nod nnt II has not hem nrnven fha
l. Mr. G;nler ohsfrncted or prsyenteI
tho sc,,,ttn,o,no ~ tTase raceints mn
o Ia an More r. nrena this mint ''''
:, f'his heIieva is not clear tn you
y p,iniiS lie dtd nothInr INT remuin
Il ia chair II L. anmitted nv tine rrosl
=, nni,nn tIot M snriher demani WI
~ ,nad.. ~ soc tne ranainfa Thia Indie
nta,t ebarnos M. Gin,Iar win into
u fa,img Win nereons in presaniin
}. ,hni, rac "T Nav tha,o IL eviden,
y t tho' no ID dsr,ond vas tnadn for lie r
70 c e,,it1 nftar Tho nnf,nn Ind ben
y, ,nato This maj, m,I,t hn aiyan II
~ hn,'aiit ~ ns'y da,iht which vou ha,
10 il, voi,r>ni,,da Tnis man should n,
y, la convir;ad nm mere terbnicalifl