Evening journal., 1896-11-20

ADDICKSITES WISHED AN IMAlE-
date HEARING. BUT EX-CHAN-
CELLOR WOLCOTT CARRIED HIS
POINT. AND BOTH SIDES HAVE
A BREATHING SPELL
DOVER. Nov. 2O.-The Superior
Court assembled here yesterday to near
the election contest of Kent county
Chief Justice Lore presided, ana win
him on the bench were Associate
Judges Cullen and Grubb- Ihe case
was to compel the Kent county Board
of Canvass to reassemble and count the
votes in the districts which IL had re-
fused to count on return day AS soon
as court opened II. II. Ward. OF VIII
mington. of counsel for the Addicks-
ties. asked that the defendant inspec-
tors be required to file their answer at
once and proceed with the hearing OF
the case. George NJ. Jones, who repre-
sented the defendant Union Republican
inspectors, said that his clients admit
ted all the allegations and conclusions
stated in the petition, and were ready
to submit at once to the order of the
court. The Democrats then opend
their fight Ex-Chancellor James l..
Wolcott, one of their attorneys, asked
for a ruling of the court as to the mode
of procedure, stating that by common
law and prior practice in the state the
hearing could not proceed at once, as
was asked by Mr.. Ward. The eX-chan-
cellor contended that the first alterna-
tive writ of mandamus must be issued,
and that that writ should be made re-
III NraHt nf fnN
time the Democratic inspectors could
make their answer. If this was not
done the alternative writ should be
made peremptory.
Mr.. Ward replied to Mr.. WolcOtt, and
claimed that such a proceeding would
postpone the hearing while every in
terest of the public demanded that the
matter should be settled in the speed
lest manner.
Ex-Chancellor Wolcott replied to the
attorney for the Addicksites. He said
that the real interest of the public lay
in having the matter settled rightly
that the court should not hasten to any
ill-considered judgment, but only after
all necessary time for the fullest prep
aration and argument; that the people
of Kent county had indeed vital con-
cern in the adjudication of the case;
that the adjudication would decide
more than appeared or was asked for
in the petition, namely, the perpetua-
tion or ObliteratiOn of future bribery
and corruption, and it was matter Of
general nOtOriety to all citizens OF
I Kent county that the result of the late
/ election. il all the votes were to be
counted. was the direct fruit of the
most open and outrageous violations OF
! the written law of the state and the un
written law of morality.
The court. after hearing Mr.. Wolcott,
/ held a short consultation and then
handed down an opinion that it was
practice in this state, as asked for by
J Mr Wolcott, to first grant the alterna-
tive writ unless it was waived, and
asked counsel as to what day would
suit them to make the writ returnable.
James Pennewill, attorney for the
Republicans. asked that the case be
considered as early as possible. Ex-
/ CONGRESSMAN John b. Pennington, for
the Democrats. asked that Friday NO
vember 27, be fixed as the day Mr.
rennewill objected to this, and asked
the court to make the hearing sooner
Chief Justice Lore announced that the
lcourt would have to hold conference
and a recess was taken for two hours
When court reconvened in the after
noon Chief Justice Lore announced thai
the court was a unit upon the practice
in mandamus proceedings. Upon the
return of a rule to show cause why
mandamus should not be issued excep
tions may be taken to the insuniciencl
of the record. If the respondents se'
fit they may answer rule and proceed
at once with hearing This may, how
ever. take an alternative writ. In
4 question of when this writ shall be re
4 turned is discretionary with the court
q When the writ is returned and the re
s spondents file their answer the cas-
- may be argued The court announce
r that they would hear the application
g for the writ when it should be re
o turned. The chief justice then said a
e alternative writ of mandamus woul
II be issued compelling the Board of Can
h vass to meet on next Monday at moo
:. in the Court House and recanvass IN
Y vote. and if they did not do this, the
Y should appear before the Superic
/. Court on Tuesday and show cause wh
they did not recanyass the vote.