Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-10

tDb recent ELECTION In hent county, TO
The order OF the court directing the
board of canvass to recouvene and
count the votes
In the superior court of the State of
Delaware, in and for Kent county.
J. r.. Alice ct al, vs.. Thomas Nc
Coy OF al. Special term, 1896. Man
damus
The Joint and several returns of
Thomas Mccoy. OF al, of the above
named respondents to the alternative
writ Of mandamus above stated in the
petition Incorporated therein, respect
lively represents and states:
!. That the said respondents have
no knowledge of the facts alleged in
Section of said petition incorporated
In the writ of mandamus.
2. That said respondents have been
informed and believe that the facts set
forth in Sections 2 aud of the said
petition are true.
B. That as to the first paragraph of
Section A of the said petition, the said
respondents make answer and say that
assuming that the persons acting as
inspectors, were legally elected or
chosen for such offices, which said re-
spondents deny as hereinafter set forth)
they admit that elections were held in
the Western Election district Of Duck
Greek hundred, in Kenton hundred, in
Little Creek hundred, in the Third
Election district of East Dover hum
dred, In the Western Election district
of North Murderkill hundred, in Elec-
tion district No. ! of South Murder
kill hunderd, and in Election districts
Nos. and of Mispillion hundred.
But deny that any election whatever
was held in the Eastern Election dis.
trict of Duck Greek hundred, and also
deny that elections were held in the
remaining districts in said Section 4
OF said petition enumerated, except in
form only, for the following reasons:
! ]. The election law provides that
there shall be voters assistants at each
election district in this county, chosen
from the two principal political parties.
The Democratic party and the Repub-
lican party were decided by the only
officers authorized to make such de-
cision to be the two principal parties
for the election held on the third day
of November, 1896 Yet notwithstand-
ing the said provisions Of law and the
said decision. voters' assistants from
the Republican party were not chosen
in either the First or Second Election
districts of East Dover hundred, the
Eastern Election district of North
Murderkill hundred, the Election dis
trict No. of South Murderkill hun
dred, nor Election districts Nos. l and
( 2 in Milford hundred.
And that In the Eastern Election
district of Duck Creek hundred the
majority of the election officers whose
duty it was to make selection of voters'
assistants, selected man from the Re-
publican party as one of such officers,
and installed him in such office in
Strict accordance with the law in that
behalf; but one OF the judges of elec-
tion in that district being a member Of
the Union Republican party and not of
the Republican party refused to permit
the voters assistant selected to perform
his duties as such officer, and declared
that no election should be there hello
unless he could name the voters assist
ant from the party of which he was a
member, further declaring that if he
was not allowed to SO select the voters
assistant, there would be riot and
bloodshed; that one OF the clerks being
also member of the said Union Renub-
lican party, following the threats 80
made, refused to deliver the ballots,
saying that he SO refused because he
had been directed SO to do by the
said Union Republican judge. Said
threats of violence were repeated nv
sundry othsr persons, members of the
said Union Republican party, black
and white, in and about said election
place in said district. That said clerk
had there concealed about his person,
during the day, loaded pistol or re-
volver, which he delivered to another
person after the hour for closing the
polls
And that by reason of these said
threats of violence and arms, tho voters
of that district were prevented from
assembling and exercising the right OF
suffrage.
That the voters assistants other
than such Democratic officers wore, in
the election district last above enumer-
ated, selected from the members of the
Union Republican party aud not from
those OF tho Republican party.
That the voters assistants SO SO.
lected from the Union Republican
party, the respondents are informed
and believe, were selected for the pur-
pose of communicating by some sign OF
signal, agreed upon, to the workers
and managers of the Union Republican
party outside of the election rooms,
how the persons with whom they had
corruptly contracted, did vote
And your respondents are further in.
gormed and believe that such voters'
assistants did carry out such corrupt
AND fraudulent understandings and
agreements, whereby bribery was car
ried on to such an extent as to defeat
the will of the people.
That the said respondents were in
formed, through letter addressed ia
the Chairman of the Democratic
County Central Committee of Kent
County. by Robert q. White, ESQ.
Attorney General of the State OF Della.
ware. and dated November ID, 1896,
that failure in any election district
to select one of the voters assistants
from the members of the Republican
party, as in the case of each of the
districts above named, would be such
violation Of the provisions of the cleo
tion laws of this State, as would con-
stitute Sufficient grounds for the
throwing out of the vote of every hun
dred and election district where tine
selection was not thus made" copy
of which letter is hereto attached and
made part of this return:
MY Dear Sir: In answer to your
question, viz: From which two OF the
several political parties now in this
State shall the voters assistants who
are to serve at the election to be held
on Tuesday, the Sd instant, be
selected?' l will state the following as