Evening journal., 1897-02-24
INSPECTOR ON TRIAL.
Chairman Brandt Charged
With Altering Certificates.
CHANGED ToMAN's VOTE TO 1870

CHANGED T0MAN'S VOTE TO l30
ACCORDING TO THE TESTIMONY,
WHILE IN HIS CUSTODY THE
NUMBER "l1O" WAS ERASED
AND "1SO" sUBSTITUTED-OTHER
WORK in COURT.
The Court of General Sessions to-
day decided not to quash the indictment
against the nine Wilmington inspectors
charged in two counts with violation OF
the election laws. In handing down the
decision. Chief Justice Lore, vo'cing the
sentiment of the court, said:
Attorney-GeneralW White and Deputy
Attorney Cooper defended the
validity and legality Of the indictments
yesterday, consuming nearly two hours
in countering the vehement and ela-
quent address of A. b. Cooper attacking
the indictments. Mr.. Cooper CA. 3D. re
piled at length. closing the motion to
quash on the ground that the indict-
ments were not only insufficient, but
Illegal.
THE SPECIAL KENT SESSION.
II. H. Ward and Walter Il. Hayes,
for the Addicks Republicans have filed
with Chief Justice Lore, in Superior
Court, the necessary instrument of APP
plicatiOn for a special session of the
Superior Court OF Kent county. AT the
desired sitting, a writ of mandamus
will be asked for compelling the cleo
tion officers to reassemble and. make a
canvass Of the votes cast IN Kent
county at the last election.
Ex- -District-Attorney A. B. Cooper
/ then drew from the cases, but before
! leaving Mr. Marvel he called the courts
attention TO certain reports concerning
! his colleague. The writers OF those
articles were evidently laboring under
a misapprchension CT the facts at the
time rs to all intents and purposes
there appeared in the court records that
a certain witness had returned as non
est
Judge Cullen-"Well. II you propose
to hold MS responsible for all the news
paper reports, we would have our
hands full, independent of cur other
duties"
Mr. Cooper-"Not at all. your honor,
but ] understand the published state
ments arose from remarks of his honor,
the chief Justice
Chief Justice Lore-''The court did
net charge Mr. Marvel with having
said what he knew 10 be incorrect OF
untrue, as has been stated
Judge Cullen-"Well now, gentlemen
the less you say about that matter the
better II will be for all
lt was learned after the discussion
had concluded. that Mr.. Marvel has In
his hands to-day the original returns In
which Milton IL. Hawkins Is returned
as non est in all but one and on thaN
cne subpoena the original return d
non est had been stricken through witl
lead pencil.
Attorney General White then aske,
That a jury be drawn to try the case o.
Inspector Edward Brandt Mr.. Mar
wells witnesses were not all present
and he asked for forthwith subpocnas
Pending The arrival OF witnesses fol
the defence. Superior Court business
was uanen up.
COURT GRANTS A DIVORCE.
On application of William S. Hlles
for the plaintiff, the report of Commits
sioner Austin Harrington was received
[, in the suit for divorce Of Levin Home
wood vs. Laura /. Homewood. The di'
yorce was graated by the court.
Colonel Nields was summoned into
court to answer the appeal OF ex-Sena.
tor Higgins TO take up the celebrated
case of the Norfolk Timber Company
VS. William Simmons. Colonel Nieldi
forcot TO remove his overcOat as re
Gently ordered by the court, and whoI
he remembered IT, his argument wa.
well under way. He gracefully remove.
the great coat, asking the indulgence
of the court. while beth bar and bencl
p enjoyed a laugh.
CHAIRMAN BRANDT ON TRIAL
At l1.45 Attorney General Whit
! asked to go ahead with the case agains
r Inspector Edward A. Brandt for alter
r ing certificate of election as regards th
, vote OF James B. Toman for sheriff. Il
{ drawing the jury. four were objected I
= by Mr.. Marvel-Ethan b. King, Josep
D Higgins. James NJ. Grose and William
b Il. stimmell The jury was drawn wit
b George W. Davis as foreman.
e Frank Simmons, Of No. 2l0 Jeiferso
S street, testified that he was inspector {
4 the Third election district of the Thir
n ward and Edward Brandt. the accused
s was duly sworn as chairman OF th
y election board. November 3, 1896.
4 Paul ellis. late sheriff OF New Cast
d county handed TO the court the certii
y cate signed by Edward A. Brandt {
y the Third district of the Third war
$ Since the meeting Of the Board Of CaI
II vass the certificate had been in his cu
's tody as he had to produce IL TO II
d grand jury at the November term
court and again to Speaker Riggin,
the House OF Representatives.
n Mr. Marvel closely cross-examins
.v the sheriff as to his knowledge of Il
n whereabouts Of that particular certii
~ cate since the Board of Canvass me
n The ex-sheriff was uncertain as to i
custody all the time.
,s Frank Simmons was recalled al
identified the certificate of election
10 the one he had written and all three il
n specsors signed. The number of vot
m received by James b. Toman was II
,e and his writing to that effect had bee
n, changed TO 1870.
IA On ross-examinatiOn by Mr. Marv'
,d witness admitted that there had be-
m several other erasures and changes
tho raftt-uc but an ro1irort pvamfuatif