Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-14

Inc case OF John LAZY, CharSeu WIN
Illegal registration, was next taken up.
Lally was brought into court and occu-
pied position behind his counsel, J.
Harvey Whitenan and Victor Is.
Wooley. The examination OF witnesses
was then begun.
Stephen S. Cook, one of the registra-
ton officers in the Third district OF the
Third ward read the entries from the
registration book. He swore that the
prisoner registered as James Lally, but
said no objection was made to him
registering at the time by any OF the
election officers.
Francis Hoffecker, another election
officer, identified the prisoner as the
man who registered as James Lally In
the Third district, Third ward. He swore
that he objected to the prisoner register
ing.
William A. Hartsell, challenger Of
election, swore that the prisoner regis
| tered as James Lally. Under cross-tire
the witness said this was the tirst day
| of his attendance at court and he had
been brought here by "Mr. Wiggles-
worth"
as Mr.. Wigglesworth acting in the
capacity of detective in this case Z"
asked Mr.. Woolley.
The Encouragement objected to this
question and the Court sustained the
objection.
Joseph Woods testified that Lally did
not live at No. 103 Justison street. The
testimony was that Lally had registered
from that number
Harry Ahrens, an election officer in
the Third district, Third ward, read
| ha apte 81 rutt 70
that Lally had registered from No. l03
West street as John A. Lally. r.
William ]. Lutoz testified that he
registered John A. Lally ON October
26th, in the Third district, Third ward.
In reply to the questions Of Mr..
Woolley the witness said he did not
know everybody who came up TO be
registered He never saw Lally before.
The witness denied that he had gone
with another witness to identify Lally
as the man who registered on October
28th.
George Deery said he saw Lally reg
lister on the day above mentioned. He
, said he challenged Lelly because ne did
not reside at No. l05 West street.
, Mr. Woolley cross-examined the wit
ness.
, George Janvier, deputy clerk of the
i peace, took the stand. Mr.. Nicholson
handed him tho recognizance of Lally
/ which he identified as the one entered
into by Lally. Mr.. Nicholson offered i
} in evidence.
0 Mr.. Woolley objected to the recog'
4 uizance going in evidence. He sait
4 he did not object to the word Of
g Mr.. Janvier, but inasmuch as the recog
{ nizance was signed by W. p. Biggs, the
0 latter was the proper person to identify
!. the signature. The Court held that thu
g recognizance was part of the record o
4 the court, but 1t would not identify tn,
4 prisoner at the bar. Mr.. Nicholson triet
6 to identify Lally by his signature to tn
i recognizance.
d Mr.. Woolley contended that William
s p. Biggs was the only man who coulc
testify to Lally's signature.
s The Court admitted the record in evi
e dence.
d The State here rested.
3. Mr.. Whiteman then submitted mo
o ton requesting the Court to instruct tn
d jury TO acquit the prisoner on TIL
&c ground that the proof was at varianc
# with the allegation in the indictment.
% The attorney-general, he said, hat
d entirely mistaken his Indictment II
ss commended that if the prisoner had regis
10 tered in one district as John A. Lall
N and in another district as James Lally
20 the indictments should have been draw
re in different manner, as there were tw
distinct and separate offences.
ID The encouragement said the prisone
IS had been indicted for "unlawfully an
Or knowingly registering in two electio
he districts" He commended that the CON
L. mission of other offences would nc
IS effect the validity Of the offence 8
charged in this case. He asked that th
Of motion be denied.
g. Court adjourned until 10 o'clock Tue
in day morning.
~ The Lally election case went to til
" jury at II o'clock yesterday. 500
after court opened at 10 o'clock Victt
8. B. Woolley began his summing up i
le behalf of the defence and was followe
Or by Attorney general Nicholson for ii
lie State. ...
Judge Marvel charged the jury. Il
Ii. said the defendant was indicted fl
az Knowingly and fraudulently Iegiste
l., ing in two election districts" This is
special act Of the Legislature for Il
n. purpose of effeoting the rightful an
+. proper conduct of the elections; it is a
al act in which there are many provision
ne In an act of this kind which effects I'll
ak public good and is by reason of TIL
ad fact placed under the head or term
what is known as police regulation
y, there may be done many acts which CT
o., not be done at C )mmon law.
nd Judge Marvel read from the charge d
of livered by Judge Cullen in the Caldwt
us case and said the facts as alleged in Il
,ss Lally case were similar to those adduct
in the case of the State against Cal
in well, who was convicted for illegal re
"a, istration.
lie ain registration cases, of this cha
it acter," the Court held, "where the la
expresses itself in clear and unal
he biguous language, if the party does Il
m act knowingly, he is guilty without al
al. regard to intent whatever; because it
ok the doing of the act which constituI
he the offence, which is the gist and gray
nj. nen of the offence"
ed In regard 10 the Identification Of I
Nv prisoners Judge Marvel held that if t
ch State proved that it was the defenda
lip who had registered in two election d
tricts, it was not necessary to identi
& him as Lally, but the jury could conv
en-, the prisoner at tine bar. 1t was gu,
MS ton for the Jury and that body mi
nr. decide from the evidence.
no LALLY CONVICTED.
.ne The Jury was out about half an ho1
~, 1t returned a verdict of guilty anC
NV recommendation to the mercy of
Ia. Court.
A