The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-25
BRANDT JURY OUT.
Il Retired al 1880 O'sIosk This
Morning.
COURTS sNssAglc CHARGE,
Probabilities Are That The States
J n its For a Conviction Will
be Useless. The Rex
Damage Case Begun.

~ The case OF the State VS.. Edward A.
Brandt, OF having altered or permitted the
altering OF tho election certificates OF the
third district OF the Third Ward, was con-
cluded In General Sessions Court yester-
day afternoon with the exception Of the
& COURTS charge and return OF the jury.
The evidence was conclusive and If tho
n same vigor is exercised by Attorney Gen
y eral White and his deputy, Peter l..
$ Cooper, in The prosecution of the remain
4 ing eight suspected men, there Is no
= doubt that convictions will ba secured in
every case The case attracted many aud
4 itors who were interested by the evidence
and lawyers arguments. The bar was
also filled by Interested lawyers.
Immediately after Court opened at $50
o'clock Attorney General White obtained
< from ex-Sheritf Paul ellis the tally sheet
y which contained the complete result of the
n County vote
Robert L, Adair, who was Clerk of
the Board Of Canvass, took the sheet on
the stand with i'm and after stating that
he reeollected Brandt told the prosecuting
attorney that the sheet showed that Brandt
had returned 1870 votes for James b. Toman
in the district charged Brandt himself
had made the return. Mr.. Adair left the
stand without being cross examined.
Robert l.. Adair was the first witness
n, put on the stand. He was clerk of the
4 Brandt while the board was at its work.
Attorney General White handed Mr.. Adair
the tally sheet and asked him how many
votes 1t showed Brandt had reported for
James r. Toman The reply was 1870.
Mr.. Marvel did not cross examine the
witness.
THE BALLOT BOX OPENED
ss After Attorney General White called
Sheriff William Finn to the stand he
asked him to produce the certificate con-
tanned in the ballot box OF the third dis
trict of the Third ward, which invoked
~ tho opening Of the box
"a The question met with an objection by
Mr., Marvel, he contending that the Legis-
4 lature had taken from the court the power
to open the box until the last day of Feb
truary. He argued at length upon tho
+ question but the court gave him an answer
~ without hearing the States argument.
The reply was that the court could compel
the production of any papers in its bnili-
wick To secure and follow out the ends of
Justice, Its power along the line was
4 unlimited unless statutes expressly by
necessary implication dcprives them of
tbe power and as the present statute does
not, 1t Is within the power of the court to
open the box
Accordingly Sheriff Finn forced open
Che ballot boxes and produced the certif-
cate which Attorney General White hand
cd to Frank simmons, whom he recalled
and who swore it was the second certii-
oste he had signed. He was not examined
further.
Edgar FL. Haines, assistant business
YAanager Of the Morning News, testified
ybhaviug sent to the third district Of tins
Ehlrd ward Il paper to be filed out by the
tote Of the district, 1t was returned and
bigned by II A Brandt, to which tosti-
mony Mr. Marvel objected because MIR.
Haines not bengan expert at handwriting
could not 50 testify.
The court thought the question should
not be answered by Mr. Haines whereup-
on Mr.. White called Robert Adar, who
had seven years experience at comparing
signatures, who swore that the signatures
III ". A. Brandt on both certificates were
written by one party Instead Of Mr.
Marvel going into any rrOss-eXnmiuatiOu
or Mi. White recalling Mr.. Hayes, the
State rested its case.
The defense III stating its case said it
would prove that the defendant had not
altered the certificate or permitted 1t to b3
altered. Then Brandt went on the stand
and 80 testified. He told of taking IL cor
tiiicate home ami of his whereabouts be-
tween the time Of counting the vote until
tho Board Of Canvass began its work.
which was imnlat0rial then Of having
made his return v the clerk
He could not Rnumbur how many votes
he had reported cast for Mr.. Tomun. He
could remember how many votes he had
reported for Thomas +. I3ayard Jr., he.
cause he had received so few, but could
not tell how many he had reported for
any other candidate. Alterations could
have been made Oh the sheet without him
knowing 1t, he said.
Upon Crus.-eXnminatiUn the witness
told OF having left his OverrOat, in u pocket
of which was The altered certificate lying
IN h., ,rbi1, ~