The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-26

BRANDT IS GUILTY.
Jury Says He Permitted Election
Certificates 10 be Altered.
Eu1I,a FOR a new TRIAL
By Josiah Marvel Prevents the
Court from Passing Sem
tence-Verdict Included
a Recommendation
Of Mercy.

Edward A. Brandt, who served as the
chief inspector of the election held In the
third district of the Third ward OF this
oity on November 2. Of last year. has been
having permitted tho altering of an cleo
ton certificate in his possession at that
time.
Brandt was found guilty after the jury
in his case had struggled for twenty-four
hours and quarter to reach the verdict.
1t was 1915 o'clock when Bailiff Fleming
led the twelve honest men into the court
room. A few minutes before he bore
message to the court, but no one believed
1t was an announcement that a verdict had
been reached.
1t had been learned that tho body stood
to for conviction, consequently when
the Balliff approached the Count every
one believed that the jury sought lnstruo-
ton. But their Disappointment was a
pleasant one for when Foreman Davis an
nounced that Brandt was guilty of hay
ing permitted the alteration of the certi.
flCate and recommend him to the mercy of
the Court" every one within the walls of
the building smiled their approval 1t was
the verdict that should have been returned
twenty-four hours previous they all agreed
but us it had finally come all were salts
fed.
Sentence was not passed upon the guilty
inspector however because of a motion
from Josiah Marvel for Il new trial Coun.
sci said no would Immediately prepare his
grounds and present them to the court at
the earliest possible moment. Meanwhile
Brandt will be- in tho custody OF Sheriff
Finn.
While Brandt has not been found guilty
Of altering the certificate he is just as
guilty us though he had. The statute SO
provides, therefore he cannot escape
term of imprisonment or fine, or both Us
the court may deem merited. The fact
that the Recommendation for mercy will
not have any weight is settled already.
The Courts position in the matter is
well known and 1t is safe to say that
when Brandt stands before it for sentence
hc will receive so severe u one that 1t will
go down through history as an example
that no election officer can thwart the
will of the people anu thereby disrupt our
local government, without paying dearly
for the act
Brandt appeared undisturbed by his
position. Josiah Marvel was perhaps the
most disappointed man. When the jury
did not return Yesterday he believed they
could not agree and entertained tho belief
until the verdict was announced But
the return does not III any way cause him
to doubt tho innocence of his client or
that of the remaining seven indicted n-
The jury passed the night in the upper
corridor of the building, and Clayton NJ.
Riley was tho only member inconveni.
eLced by tho loug confinement. He was
taken slck during the night but had re-
covered before he returned to the court
room with his fellow jurors. A REruBLl
CAN reporter approached several members
Of the body to learn why they had SO long
hesitatcd in their duty, but none of them
would talk. I'VE have found verdict,
ard that is sufficient said one.
Although everyone believed Brandt
guilty rs indicted there were few who be-
lieyod that he would be convicted from
the fact that the men who considered his
case were Democrats. The court was
aware of the fact and in charging them
told them that they were TO decide the
case only upon the evidence us produced,
and as sworn jurors. That they woe
true and honest to that end the verdict
speaks, but they were long time before
they could overcome their personal feel.
ings i'll the matter,
THE STATUTE.
The following is tho statute under which
Brandt's indictment was drawn:
Every inspector of election, poll clerk
or other officer or person having tho Gus
tody of any record, register Of votes, or
copy thereof, oath, return of votes, certl-
llchte, poll list or any paper document or
evidence Of any description in this act d.
rectod to be made, filed or preserved who
is guilty Of stealing, wilfully destroying,
mutlnting dClacing, falsifying, or fraud
ulently removing Or seCruting tho whole,
or any part thereof, or who shall fraudu-
lcntly make any entry, erasurc, or altcra.
ton therein, except us allowed and direct.
cd by the provisions of this act, or who
permits any other person to do SO, shall,
upon conviction thereof, be adjudged gull.
ty Of IL misdemeanOr, and shall be punish
ed for each and every such otfGnsc by i'm.
prioOnment In tho county JAIL not exceed
ing TWO years. or by fine of not more
than 500 or both
THE BALLOT SHEET WAS MISSING
Before the jury returned with its verdict
there was quite commotion because of
tie sudden disappearance Of the ballot
Sheet which had been placed in waste
ba- ket. The room was cleaned by several
attaches of the Court House and when
Foreman Davis sought 1t again it was not
in the basket. A search was instituted
but the sheet could not be found
The sheet had been taken from the room
and all the jurors were of the opinion that
they had been tricked by some willy per.
son, Tho most diligcnJ search failed to
reveal the coveted paper. At II O'Clock
while several members of the jury were
outside of the building Foreman Davis
discovered the paper in his pocket Hcde-
Clar"s ne did not put it there nor knows
who did. The paper was then destroyed.