The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-04-27
They ARE Begun in the Federal Court
The Jacobs Jury DisHgrees.

They are Begun In the Federal Court
The Jacobs Jury Disagrces.
The first OF the cases against deran
dants for interfering with Unite,
states supervisors at the polls ut tn
last election was taken up when th
Federal court re. convened yesterda,
afternoon. John L. Ginder, reglste
OF elections In the first district OF til,
Seventh ward, was put on trial.
This is the jury as empaneled:
j. J.. Pelrce, w. NJ. Holt, w. @. VIII
ley. Thomas Mccoy, Elisha Barton
John W. Day, w. T.. Nichols, Eugene
Sayers, John Z. Wilson and John G
Baker.
In presenting the case the district
attorney explained 1t to be one OF
wilful effort to prvent United State.
supervisor from performing his duty
under the law. lie could prove that
the defendant, acting as a registra,
OF elections had refused to allow 3
United States supervisor to serutinize
and Inspect tax receipts. In order to
make a record OF the qualifications oil
the men Offering to qualify as voters
lie spoke OF this as part OF conspir'
ney to prevent fair election as pro
tutes.
Chief supervisor 8. A. Macallister
was the first witness called. Ho iden.
titled copies OF the Instructions ISSUED
by him for the government OF his
subordinate officers. He said the in.
structicns were glvenapon his own in
terpretation OF the law. lie understood
the law was intended to prevent
fraudulent registration and that 1t
carried with II all necessary authority,
and that tho details were left 10 the
Judgment OF the officer charged with
the execution of the law.
Richard Heritage, uniteds State su-
pervisor OF elections in the First dis
trict OF Seventh ward, WIS called.
He told the story Of the refusal of
Registrar Ginder TO allow hi.h to see
and copy from the tux receipts the
numbers and names, as required by
his Instructions. On October ~. the
first receipts offered wero handled by|
William A. uukill; he handed them to-
witness and they we're passed along to
the other registration officers. When
four receipts had been received and re.
corded the defendant then orderedl
auhill. who was tho Republican and
minority registering officer, not toI
give any moro receipts 10 the super
Yisors.
He said they had no right to handle
them. A vote was then taken by the
registration board, and It was deciuodl
by the votes of GlHder uud Gosnell,
Democratic registration officers. that
the supervisors should not be allowed
TO handle any more receipts. and the
order was strictly adhered to. GinderI
said that he did not think United
States supervisors. had right to In.
tetfere with state election officers.
The prosecution rested with thisI
witness and John Blggs. OF COUNSEL
for defence. began his address to thel
jury. He told the Jury that the regis
trdtion officer under indictment had
acted under the advice of counsel
John l.. Ginder was called and testi.
lied IN his own behalf. lie admittedl
that lie positively refused to allow the
supervisors to either handle the re
ceipts. to make copies of the nam esl
and numbers on them or to examined
register books during the registration
on October %.
He had done SO because Willard
salisbury and Senator George GRAY
told the registration officers that Ell
perv!sors had no right To handle them.
On the following days OF registration
he had changed his policy because Mr..
salisbury and Mr.. Gray had changed
their opinion of the matter. and said
that 1t would mako no difference inlI
the result and, to prevent disorder
the supervisors might 10 allowed to
handle and scrutlrtze tax voceipts.
Tho court adiourn-u while the wit
ness was on the stand.
Az o'clock the jury in the Jacobs
case reported they could not agree and
We're discharged.
Court re.conyened at 10 o'clock, and
the case against John d. Ginder was
resumed. William A. Hukill was the
first witness called
'Alr. Huklll, were you present on the
22d day OF October in the First cleo
ton district of the Second ward oil
registration day."
''Ies SIR"
''ln what capacity"
AS an election inspector"
" 10 was voted for on November
"A Representative in Congress-"
fieasc stale In your own way what
took place on the day OF registration9I |!
Yes, sir. After we got under wayl
Mr.. Heritage asked TO sec the receipts
l had been stamping them. Mr..
Gindpr / think, suid ho objected to IL
/ stamped tho next received ard hRnd.
ed 1t to Mr.. Heritage. Then artcr q
number OF receipts were handed tol
him. Mr.. Ginder said he was going toI
protest against any such thing being a
done. passed the next receipt TON
when Mr. Gosnell objected. +.
lie said he wanted us to do things cor.
rect Mr. GlDder says | have TO storl
and MIR. Gosnell then put the question
to tho board. They voted no, / did
not vote.
They refused on that day. then, to
show the receipts to Mr.. Heritage?"
Yes. sir,
On cross examination.
Mr.. Hukill, II Mir. Heritage Ind
asked you the number of those re
reipts, couldn't YOU have lot him see
it29 ,''''i 'ee
MIR. Watson objected to tho question:
being asked the witness. Tho court
agreed with him.
Willard Salisbury was sworn.
DO you know this defendantY'
Yes. sir. -
90 you remember giving certain,
advice to him and other repis,rn.
lion officers as 10 the contents Of the
law, relative to tho duties of superyis.
ors between the 18th and ed days OF
November"
Il forget the dates, but remember
lust prior to a registration day OIL
Chief supervisor Alaealister Issuing
certain orders. copy OF which has
been presented.
Had MI. Ginder and others In.
luired what the law was bearing on
he subject?'
They had"
WAS Mr.. Ginder there?"
"Yes. SIR"
what did you do?"
Before giving any opinion on theI
subject consulted with various menu
)ers of the bar.
After you had been given certain
Instructions, did you call tile super-
iisors togethor for the purpose OF in-
them?"
They met together and / expressed
ny opinion as did Senator Gray and
,thers. Mr.. Ginder was present."
I'VE believed that MIR. Macallister
lad exceeded his authority in Issuing
he orders, md we thought we could
not be bound 10y them. In as much as
diving the nu mb Der OF tine receipt"
The election officers had been taken
way while tho repatriation was mi
progress. Those Instructions were a
natter of politics. We did not want
he registration delayed. We there
ore authorized them to give the mum!
Der of Tho receipt as provided.
"Fhen were those instructions given,
hat the registration might be carried
)n2'
.tNao una s,oii;ta..