Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-07

4 registered, gave his residence at the
Delaware House.
Edwin Parker, another inspector OF
election, helped to hold the registration
in this district. The witness read the
entry on the books: "Harry Caldwell,
80 years old, colored, American, resi-
dence, Delaware House, No. 5l3 Market"
NO. objection was made to Caldwell
registering.
THE SIXTH WARD REGISTRATION.
James Fceney was a registration Off.
Ger In tho Sixth district 81 the Sixth
ward. Flo was at tho registration polls
on October 18th. Howard Caldwell APP
peared and duly registered there on that
day. The witness identified Caldwell as
tho man. Caldwell registered from No.
$40 East Tenth street. lie voted Mt
Sixth district, Sixth ward polls. He
was asked II lie did not live at the Della.
ware House and said lie worked there
but did not live al the hotel.
Richard McCadden, proprietor of the
Delaware House, said he knew Howard
Caldwell. Caldwell told the witness he
Thought he could register in both places.
Caldwell was porter at the hotel. His
home is at No. $40 East Tenth street.
The witness said Caldwell never slept ut
the hotel.
James Feeney was recalled and said
David Layton and Harry Baldwin were
at the Sixth district, Sixth ward, on
October 18th. Mr.. Nicholson told the
witness to look at the registry and tell
the jury what entry was made there.
Mr. Hayes objected, saying that Layton
was within the process of the court and
his evidence was the best evidence In re -.
gard To the entry. Court overruled the
objection. The witness then read the
entry as already described. He said
after Caldwell had registered no appll.
cation was made TO have his name
stricken from his books as a qualified
voter.
Detective McVey said that Caldwell
made statement to him after he had
been arrested. He said ho had gone to
the tax Office and got both tax receipts
and registered at both places the same
day.
Mr.. Hayes asked whether a reward
was not offered for the detection of lille
gal registration. Mcvey said he could
not definitely say.
Mr.. Nicholson-"Did you get any re-
ward"
Mr.. Hayes-"The defendant hasn't
been convicted yet"
| The State rested.
HElINptcTMENT QUESTIONED.
Mr.. Hayes then asked for the indict-
ment. He commended that the indlct-
ment was drawn under the wrong sec.
ton. He said Caldwell was indicted
for "unlawfully and knowingly register
ing in two election districts" His con-
tention was that the indictment should
have been drawn under section 25,
which reads "No person registering
in one election district shall cause him.
self to be registered In another" He
contended that his objection to the regis
tration books was that they had not
been read to the jury.
Mr.. Nicholson said he failed to see
any force whatever in Mr.. Hayes argu-
ment The indictment was drawn under
the right section Of the statute.
Judge Cullen said the court was salts
fled that there was evidence enough to
send this cuse to the jury.
FLEA OF INNOCENT INTENT.
Mr.. Hayes in his opening remarks
said in order to bring about conyic-
ton the State must prove that Caldwell
registered twice with the intention of
taking criminal advantage of the statute
He said he proposed TO prove that Cald-
we'll was nisled in the matter OF regis
tration. He then called the prisoner to
the stand. Caldwell said Thomas
Buckley, who gave him the tax receipt,
told him he had right to register in
the First district of the First ward.
III s,A Il l..
OF evidence at this point. He said he OBJ
jected to the manufacture Of motives
for the offence. Judge Cullen said it
mattered not whether Caldwell had
been told he had right to register in
the First ward or not. Judge Cullen
said il Mr.. Hayes showed that Caldwell
was non compus mcntls it would be
another thing. But if he registered
illegally he was liable un1er the statute
Thomas Buckley was called and
asked by Mr.. Hayes whether he told
Caldwell he had right to register in
the First district, First ward. Mr..
Nicholson objected to the question.
Court sustained the objection.
Patrolman John solomon, Robert
McCaddeu and Councilman Danncn.
berg testified that CaldweIl's reputation
for peace and good order was good.
The defence here rested, and counsel
argued the case.
Judge Cullen discharged the jury
until $50 o'clock, after first cautioning
them not to converse with anybody in
regard 70 the case.
During the progress Of the trial of the
election case the crowd about the table
of the newspaper men was SO dense and
caused such commotion as to render
it difficult for the reporters to hear the
testimony Of the witnesses without
making car trumpets OF their hands.
The Court has frequently ordered tho
tipstavcs to keep the space clear of all
spectators, but Of late the order OF the
Court has not been carried out.
The grand jury returned the follow
ing true bills Andrew Morrison, col
: orcd, ENLIGHTENMENT; John Reed, lar
ceny; George Little, alias Wilson, bur-
glary; William Johns, concealed deadly
weapon; John RodzlsCzweski, obtaining
money under false pretenses.
, Court took recess until $50 o'clock.
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AGAINST the WHEEL.
The Pope Does Not Favor the Use of
Bicycles by Catholic Priests.