Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-21
PATRICK MUNDY ACQUITTED
Not Guilty of Destroying a
Ballot Box.
TWELFTH WARD TROUBLES TOLD
They Did Not Result in Burn
~. ing the Ballots.
The Lattor We're Duly Counted After
wards, Although Eight We're Missing
The Jury, After a Brief Deliberation,
Declares Mundy Not Guilty.

court lOF ue5LTOylDp IL DdllOb uOA III luG
Third district, Twelfth ward, on election
day. The case went to the jury at
406 o'clock Wednesday afternoon. Five
minutes later Mundy was free man,
The case of the State VS.. Mundy was
resumed when court reconvened 1T 2.3O
o'clock.
Clarence A. Forwood who was an
election officer in the Third district of
the Twelfth ward on election day, told
the jury what he knew about the dis
turbance. He said he was in the polling
place on November 9Th, when Mundy
and Ratledge had an alteration. A
lamp was thrown on the floor but he did
not know who threw it. The witness said
he helped to put out the fire. lie was
present when Mcguire was counting out
the ballots. The witness did not see any
of them destroyed. He said when the
recount was made some of the ballots
were missing.
On cross,examination the witness
said he did not see Mundy throw the
ballot box out of the window.
The attorney-general then called
Joseph Myer, who did not respond. AS
his evidence would be merely corrobar-
atiye, Mr.. Nicholson said the State
would rest here.
Mr.. Woolley, in the light of the evil
dence produced by the State, desired to
know whether or not the defence should
go on. He said ;he would not ask the
Court to instruct the jury to acquit the
prisoner, but desired to have the Courts
ruling in the matter.
Chief Justice Lore, after consulting
with the other members of the bench,
said the Court had decided that the
case ought to go to the jury.
Mr.. Whiteman then began his open
ing argument on behalf of the defence.
He said they proposed to prove by wit
nesses that the defence was a good and
substantial one.
He called Police Sergeant William A.
Shields to the stand. He said he was
at the polling place, Fourth and Grant
avenue on election day. He was called
to rebut the evidence of William II.
Connell. He said he was called into
the polling place because he was told
that two negroes were voting on illegal
| tax receipts. The second time his at
tention was called to the polling place,
| he found the room on fire. He helped
to put out the flames on the floor. He
| said the fire on the floor was about six
feet from the ballot box. He helped to
clean up the floor after the fire and
there was no evidence that any of the
ballots were burned. There were about
10 men in the room at the time.
Mr.. Whlteman asked the witness if it
were possible for any one to have ab-
stracted any of those ballots during the
fire, it having been testified that eight
ballots were missing. The attorney-gen-
eral objected to the question, but was
overruled. The witness said it was pos
sible for some of the ballots to be alb.
stracted.
Patrolman Paul Ward testified that
he entered the polling place with Ser
geant Shields. He noticed the table on
which the ballot box was located, and
said the fire was about 10 feet from the
ballot box. He helped to put out the fire
but saw no evidence that any ballots
had been destroyed. He thought there
were about 12 people in the room when
the fire occurred.
Sergeant Shields was recalled. He
denied that he picked up any of the
ballots out of the fire and placed them
ON the table as sworn to by William IL
Connell.
James Scott, another police officer
said he was in the election precinct on
the night of the disturbance. lie saw
the fire in the room and thought it was
about or z feet from the table where
the ballot box was situated. He said il
was possible for some of the ballots tc
be distracted during the fire.
| LII S,,,tAh ot EiiftI. o,,1 Iot.
ley streets, testified that he was pol
clerk on November 9th, Third district
Twelfth ward. He swoTe as to the rela'
tive position of the ballot box and the
fire on the floor, and said that if any
ballots had been burned he would have
noticed it. He swore that he saw the
ballot box thrown into the fire.
On cross. examination he said he did
not know whether the lid of the box
was open or not when the box wa:
thrown into the fire.
Patrolman John Payne was on duty
in the Third Election district, Twelfth
ward. He had occasion to enter the poll
ing place and saw the fire on the tlool
and helped to extinguish it. He saw
no ballots about the fire, but saw somt
constitutional convention tickets.
On redirect examination the witness
said he could distinguish regula
ticket from the Constitutional Conyen
tion ballots.
Thomas f. Mcguire was chairman 0
the board of inspectors. He said tina
Ratledge and Mundy were in the poll
ing place, and Mundy said he "woult
help them along" He took some of th
bn1lots ont of the box and Ratledn
caught hold of him. The lamp wa
J either thrown to the floor or knocke
. off the table. The witness did not Sc
any of the ballots destroyed. He sal
the ballot box was not within three fee
of the fire. The box was picked up be
fore the fire was put out.
, The defence here rested.
The Encouragement began arguin!
! to the jury at $3.50 o'clock. His argu
ment occupied but few minutes, dul
ing which he reviewed the testimon
produced by the State as going to prov
the case as alleged by the State.
: Mr. Whiteman followed in a brio
! argument in behalf of the prisoner. ii
e prefaced his argument to the jury b.
asking the Court to charge that th
prisoner was ON trial for destroying
ballot box and that no disturbance Q
7 breach of the peace had anything to d
!, with the case. He also asked the Coul
: to charge that if the missing ballot
could have disappeared by any otht
reasonable means than by fire, the pri'
oner should be given the benefit of tn
e doubt. Mr.. Whiteman was followed }
3 Victor B. Woolley, associate counsel fC