Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-17
Must go to the Court of Errors
~ and Appeals.
SENT UP FROM SUPERIOR COURT
Prothonotary Hutson Not in
Contempt.
Decision That the Writ of Error Operated
ms n supersedeas-The democratic Cnn-
tention Sustained = No Further Action
Probably Until January.

Dover, Dec. 14.-The superior court
on Saturday afternoon decided that
the writ of error, which had been issued
in the Kent county election case-the
suit OF j. Frank Alice ct al, VS..
Thomas Mccoy, et al. operated as
supersedeas, and that Parliamentary
Hutson had acted legally when he re-
fused to sign, seal and issue writ
compelling tho board of canvass to reaR-
sembie and recanvass the vote of the
county. The contention of the Demo-
cratic attorneys was, therefore. sus-
tanned. as the law was with them and
their course had been regular.
As telegraphed to Every Evening,
Walter I'll. Hayes, counsel for the Re-
publicans, was granted rule, return
able at p. M, compelling Prothono-
tary Hutson to show cause why he
should not be attached for contempt.
The rule was issued on the strength of
the following affidavit, which was tlled
by Mr.. Hayes at the morning session.
In the super ior court OF the State of
Delaware. in and for Kent county,
10th, lS96--James Frank Alice OF
al, vs.. Thomas MCCOY, ct ala
mandamus. State OF Delaware, Kent
county, rs.
BE it remembered that on this 18th
day of December, A. D.. 1896. Per-
sonally appeared before me. John S.
Jester, notary public Of the State of
Delaware, Beniah Watson, who being
by me first duly qualified. according to
law, depoees and says that he is one OF
the relators in the anoye stated cause,
that on Saturday, the 5th daT of De-
cember, 1896, he demanded of William
Il. Hutson, the prothonotHry of said
court, that be sign and affix the seal of
said court to and issue the writ of the
State OF Delaware a peremptory manda-
mus, which this court had ON the Sd
day of December, A. D., 1896, awarded
to the relators, and which said writ had
been duly prepared by counsel for said
reators, and which at the time of said
demand was in the possession of the
said William L. Hutson, it having been
duly rendered to him, said William I.
Hutson, to be signed, scaled and
issued, and that said William Il. Hut
son. at the time of said demand, re-
fused to sign, seal or issue said writ as
requested and demanded OF him, and
has ever since refused and still does
refuse to sign, seal and issue said writ,
and that no writ of peremprory man
udlD udb Dbtu lb5uGll MS pV
the honorable court in the above stated
cause on the 3D. day Of December, A.
d., lS96.
'Swurn and subscribed before me the
18th day OF December, A. D., 1896, as
witness hand and official seal. John S.
Jester, Notary Public.
"Beniah Watson"
At tho afternoon session OF court
Hon. Jumes l.. Wolcott, one of Pro-
thonotary Hutson's attorneys, filed the
following affidavit in reply to the one
filed by Mr.. Hayes, upon which the
rule had issued againsI Mr.. Hutson:
In the superior court Of the State
of Delaware in and for Kent county
James Frank Alice, ct al, vs.. Thomas
Mccoy, ct al.-special term beginning
November 10Th, 1896. .-Rule to show
cause, &c. State of Delaware, IS.
Be it remembered that on this 18th
day OF December, A. d., 1896, per-
sonally appeared before me- James A.
Smith, notary public of the State of
Delaware. William L. Hutson, who
being duly sworn according to law,
deposes and says, that he is the pro-
thonotary OF the superior court of the
State OF Delaware in and for Kent
county, and that he is the clerk of tho
court of errors and appeals of that
State OF Delaware, that at IL. DO O'Clock,
u. M, on Thursday, December, 3D.,
1896, writ of elrJr at the suit Of
Thomas Mccoy anu other respondents
in the above stated case of mandamus,
was in due form issued from the court
of errors and appeals, aforesaid, to the
Judges of the said superior court in
the above stated case, which writ was
duly served on this depouent as the pro-
thonoIary of said superior court and
that bond AS provided by the Consti-
tuition of the State OF Delaware, APP
proved by Hon. David Il. Marvel, asso-
ciate judge, in and for Kent county.
and ono of the judges of the said court
of errors and appeals, was on the
same day received and filed by me, as
said clerk of the court of errors and
appeals. that the said writ of error had
also been duly served, on the de-
fenlants in error, that on the 9th dGy
OF December. A D., 1896, Samuel L.
Shaw, sheriff of Kent county, appeared
in the office of the prothonotsry of said
superior court, and presented to this
deponent paper purporting to be Il
writ of the State OF Delaware, OF per-
emptory mandamus, in the above stated
case, and requested this deponent to
sign the same, and to ailix the seal of
the said superior court thereto, SO that
he. the said Samuel l.. Shaw, sheriff,
could doliver them, which request this
deponent declined to comply with,
that afterwards on the same day
Beniah Watson, one of the relators,
appeared in the office Of the prothono-
tary of said superior court, and in
quired OF this deponent whether he
would sign paper, to which this
deponent replied that he could not,
that this deponent had previously
thereto been advise by counsel that the
issuance of said writ of error, and the
fling of said bond as aforesaid operated
as supersedeas to all further pro-
ceedings in said superior court, re-
lating to said above untitled mandamus,
that the records of said naLdamus, by
virtue of said writ of error, and said
bond filed as aforesaid, were transferred
and removed to said court of errors and
appeals and are therefore not in the
legal custoiy of this deponent as
prothonotary Of said superior court
This deponent further sayeth the
written or verbal order for the issuance
of said peremptory writ oi .'.Andamus
was presented or given TO this uoronent.
"William Il. Hutson."