The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-25


some other person to make it. The Of
Tense therefore is the fraudulent altera
ton OF u certificate and that Brandt either
made 1t or permitted 1t TO be done
hequestion for you TO determine is
whether he made that alteration or permit
ted it to be done; II he did either he Is liza
bic under this Indictment.
Under the statute Of this state Brandt as
inspector of the election district was the
custodian of the ballot box with the bal
lot. IL was grave and sacred trust,
and il was his duty to see that that trust
was faithfully executed.
With this duty resting upon him, II you
believe from the testimony that he was SO
careless and negligent in keeping the GER
titicate, that thereby he enabled and per.
mitted some other person to make the
alteration, then the law presumes that he
permitted it and his assent thereto is inn
piled, and your verdict should be guilty.
For he may not enable or permit an
other to do the act, aud then shield him
self from liability behind his own negli.
gence or carelessness,
Under the statute Brandt would be liable
II he either made the alteration himself or
by his negligence permit ted another to
make 1T.
In determining who made the alteration
you may consider the opportunity given,
and the probability that 1t was made by
his mother in his own home; also the OPP
portunity given and the probability what
ever 1t may be, that It was made by any
one In this room, aG the meeting Of the
Board of Canvass; while in either case
under his testimony 1t was not in his i'm.
mediate possession; and you should con-
slider in either case whether 1t is reasonable
or probable that 1t was made without his
knnVla1Up and Innnan al thu
circumstances should DO considered by
you in reaching your conclusion.
You are to resolve his guilt or innocence,
solely from the evidence produced in this
case, and may listen to no suggestions
from any other source whatever. The
crime charge is grave one. If that GER
titicate was altered by Brandt or by him
permitted to be altered, it was a fraudus
lent substitution of his corrupt will for
the voice of tho people. it robbed twenty
qualified electors of that district of their
votes and by stroke of the pen created
twenty fictitious votes
III such crimes are permitted to go un =
punished, government OF the people is at
an end. Elections become sham and
farce, and the cunning pom bydevice Of
corrupt election officers may be substi-
tuted for the voice Of the people.
Unfortunately there is, and has been, q
wide spread Onylction in the community
that political crimes and violations of our
election laws are pardonable aud may DO
committed with safety to tho criminal
that jurles will not convict for political
oifcnses; that therefore election officers
may take any and all risks. s sss-
How far such belief may have been ro-
sponsible for the alleged corrupt condi-
ton in this State In the past it is difffcult
to say; but 1t now prevails to such an ex-
tent that the Constitutional Convention
of this State now in session ut Dover has
by decisive vote suggested an amend.
ment to the Constitution, taking away
from juries the trial md determination Of
election aud political oflenses, for the
alleged reason that jurlcs will not COL.
Wet.
Gentlemen, we cannot believe that any
such considerations have weight with you,
or that for one moment you will give heed
to political bias, personal sympathy or
solicitation or to any other influences sayo
the proof in this case. II you wcro to do
SO, you would be recreant to your duty
and violate the oath you took when you
entered that jury box to decide this case
according TO tho evidences
No creator peril can come to our land
than tho conviction and proof that crime
may vaunt itself and find safety In tho
political passions, influences ind projl.
dices OF IA jury
This much has boon said because Of the
gravity, and far reaching conseque noes Of
this class Of crime; aud to impress upon
you the important duty now resting upon
you.
The very gravity of tho offcnse, how
ever the more imperativrly makes it your
duty, to consider and weigh carefully and
cOnscientiOusly tho testimony In this
case; to hold the scales Of justice evenly.
If from the evidence Brandt be innocent,
or you have IL reasonable doubt Of his
guilt, you should aCqut him; but if it
satisfies you that he is guilty your oaths,
and tho well being of society demand u
verdict of guilty.
There should be no evasion OF duty; to
the end that this insiduOuS and dangerous
species OF crime may DO stayed in It's pro.
grGs6.
Tho grand jury has performed its duty
The court has endHavOrei to instruct you
fully and fairly as to the law governing
this case 1t now only remains for you,
gentlemen, fairly, sCicntously, under
your otths and your sense Of Quty,tO make
up and render your verdict
JURY RETlRES
II was exactly 1890 O'Clock when the jury
dict at o'clock.
DAMAGE SUIT on TRIAL
When the case OF Rex vs. Pullman Ial-
ace Car Company set for to-day was called
in superior Court an unusual condition Of
affairs confronted counsel. 1t was that OF
the twenty three special jurors drawn to
serve in the case, but sixteen were pres
Cnt. The remaining seven were either dead