Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-04-27


He was prevented seeing ton that day but
had the opportunity on election day.
Delinquent Tax Collector John A.
Mitchell proved that COopers name is in
the middle Of the Cs and in the middle of
page,
Cleri. Biggs testified that John K. Cooper
does not appear in the lists. 1t is found as
j. Il. and John and otherwise.
Mr., Cooper the defendant, was then
placed on the defence He lives at No. 80
Townsend street. lie got his tax receipt
from William pritchGtt. Witness III ensi
neer IN the sshelipnt drawbridge. He
asked l'rltchett to get 1t for HIM lie was
challenged neither on registration nor cleo
ton day. Thought he had right 10 regis
ter and to vote. Did not pay him for it,
The defence was closed with the Offering
OF the tax receipt.
United States Marshal Iannan was then
put on the stand TO locate different points
i'll various districts
The case was then submitted to the jury
without argument or without charge.
The jury retired to the United States
marshals room rs the GiIkey Jury was
still in the jury chamber not having come
10 il verdict.
At $50 o'clock there were two juries ont
and six iurymen LETT for choice on the
petit Jury panel for the next trial.
Counsel for defence offered to allow all
challenges TO SO ii the government would
do likewise and ALLOW the marshal to
nominate in turn taieymen from each
party District Attorney Watson would
not agree.
While this discussion was going on the
Cooper jury returned to the court room.
They had been out only few minutes
1t was apparently verdict, unanimously,
for acluittal.
This was watched with very much inter
. g.,
the redonbtable Republican who had done
more walk in the box and walk ont Of
the box tramping, on challenge than any
of his party during these election trIas
and was only overmutchcd BY eX.Rcpre.
sentative Wilson On the Democratic side.
II was novel impression on the large
audience as Foreman Handy arose and iii
reply TO the clerks inquiry, said that the
jury had voted unanimously for aeqnittal
of Cooper.
At 800 the Gilkev jury returned to the
court room. Foreman Read in reply 10
the courts inquiries, stated that several
ballots had been taken, the second Of
which indicated an increasing divergence
Of opinion. Judge Wales discharged the
jury
Ii is understood they stood 10 for ac-
quital and for conviction.
The court then took Il recess to ~ o'clock
Wednesday morning.
The last of the registration cases to be
tried, the pending one Of Robert II. Jacobs
was reopened at the United states court
yesterday morning.
District Attorney Watson opened the
case for the United States. He said that
Robert II. Jacobs of the Third district
| Fifth ward, was not assessed anywhere in
| the city. His name appears at the tail end
| 81 the names and has been added at some
| time since the prosecution commenced.
| The addition was made By someone and
the government did not say by whom.
+. Eden Bach testified that Jacobs name
| was not found i'll any of the certified
| copies for 30 80. 81, ~.
Supervisor Andrew NJ. Blair saw Jacobs
registered as u qualified voter October 18th
and had him arrested the day before cleo
| ton. The witness examined the records
at county court house. lie thought the
red marks opposite the name had been
| erased.
Delinquent Tax Collector John A.
Mitchell testified that Jacobs is on the
! Fifth ward record.
| w. Pierce Biggs stated that the Levy
| Court has ordered omitted names TO be
| placed on the duplicate last without con-
| Sulting him.
County Comptroller John f. Stats
showed the stub of the tax receipt identi-
cal with the receipt itself.
| county ltGcelNeF dOln j.. lJlckeN lestl-
| fled that jacobs name was on the list last
July. He identified the signature to the re-
ceipt to be his.
Robert II. Jacobs was the next witness
on the stand. lie lives at No. ~ Madison
street. He said he asked Sewell T. Scott
to get his tax receipt for him. He handed
him 81, surprising it would be 81 or IS
cents, but the amount was $40. Scott
paid the difference himself and then WAS
repaid by Jacobs. No one challenged him
October 10th, the day he was registered as
| fully qualified. Three weeks after that.
the night of November It'll, just before
election day, he was arrested The same
night he went to the county court house
office and searching the record, found his
name there. lie saw no marks or crasures
opposite his name,
sewell B.scott gave clear, circunstantial
story Of the whole incident OF the pur-
chase of the tax receipt for Jacobs.
Testimony was then closed and Mr.
lyman offered to submit the case to the
4 jury
District Attorney Watson declared his
intention of making an address. Heloudly
asserted that the officers in charge Of tile
books have falsified the records. They
have been defaced. The name was addcd
to the end of the list by those who had
charge of the books.
Mr., Lyman, ia speaking to the jury, re,
mind them that the charge is not il
regard to mutilatiOn of records DC. 1t has
not been contradicted on the stand bu
that the duplicates that came into John I,
Dickey's hand July LIST, 1882, are in The
same condition now, 50 far rs the reCorI
of names to his knowledge is.
MIR. Biggs followed. He demanded 81
what testimony the government asked ful
Il conviction The speaker thought th(
district attorney ought to be ashamed ol
himself. 1t is an outrage on the rights oI
Il citizen that he should be dragged from
his home and cited here on such evidence
Yes Mr.. Riggs continued. In ASH
the district attorney to tell what has he
come of the 40 other names with craSure,
before them and only 10 Democrats alnonp
them; talk about conspiracy lsay he
(pointing to District Attorney WatsOnl III
one Of the conspirators in conjunction
with the man who has sat at his right ful
more than a week.
"Sou know him; and every man. woman
and child IN the State knows him. ii,
prompted him. | say there was u con
spraCy in which Me, Bach and MahaiTy
participated. Loud applause in the cour
room.
,.Ycs, he lBach) has been witness i,
this case"
The court raped on the desk remind
ing counsel that the name of Mahttty di,
not come into the argument. Reference
was allowable to Mr.. Bach.
. Mr. BiggS He tBachl has been her
every day and has been the backbone .
the prosecution. 1t is conspiracy gotte,
M to convict this man. II is conspirae,
10 which the Republican INSPECTOR, Blair
was party, ana that conspiracy was u
cheat This man out of his vote, NJ
wonder he trenlbled and shook on the wit
ness stand.
II have as much respect for the court
Of justice as any man i'll the world. NJ
.k..II l.