The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-24
BRANDON TRIAL,
He Was Inspector Of the Third
District Of the Third
Ward.
TvVAX's VOTE was INCREASED 70
States Witnesses Say It Was ITO
When Signed and Another
Says Brandt Read 1870.


The charges ofhaving altered certificate
of elections and making false returns
the same against the nine election inspe
tors were ordered In General Session
Court this morning after Chief Justit
Lore refused to grant Alexander b, Cool
er and Josiah Marvel's nation Of yestel
day to quash tho indictments because the
only cited the conclusion of the law II
stead Of the fact from which the conolusio
was drawn, and the cause of the furthe
contention That the indictment did no
state when the offense was committed O
how the alteration was made which Il
substance did not sufficiently appraise tn
men of what they had to meet.
In refusing to grant the motion tn
court held that the indictments did no
set forth sufficient facts to go into a trial
as the men had been indicted before the,
knew what charges they had to answer
At the conclusion Of the decree Alexande
b. Ccoper informed the court That be
cause OF his poor health he could not as
slst In the trying of tho cases, whereupol
| the court allowed him TO withdraw. Blu
| before leaving the bar he said he felt 1t hi
duty to speak in behalf of Josiah Marye
In reference to his recent unpleasant ex
| perience in the cases.
He had learned that Milton f. Hawkins
had been returned mon est" by Sheriff
Finn and the return to the court of the
return was in good faith. Mr.. Cooper re-
ferred to the newspapers colored accounts
as he said of the affair and thought great
injustice had been done both himself and
MIR Marvel
Chief Justice Lore's only reply was that
the court had not believed that Mr. Mar.
vel wlllfully deceived the court but
thought he should have Informed them
when he discovered the fact that Hawkins
was not out of the city.
At This point Associate Judge Cullen
asked Mr.. Cooper what the court had to
do with the newspapers and their stories
of the affair. Mr. Cooper made no reply,
whereupon the court added that they
would havo their hands full If they no
ticed and fought everything the papers
said in reference to the court
Judge Cullen stand, although appar-
emily against the newspapers, Was for
them. When Attorney General White
arose and made some remarks. he, the
judge, informed him that 1.-THE less YOU
say about tho matter the better 1t will be
for al, whereupon the case against Ed
ward Brandt, was called, but the absence
OF several witnesses prevented 1t from
being taken up until 1 45 o'clock.
The jury is composed Of George w. Da.
Wis, foreman; Thomas Riley, Thomas r..
Boyer. Samuel A. Collins, George Nc
ConagheJ, Lemuei ID. Lee, Richard L. Nau-
dan, Geo. H. Glnns, Geo. Bacon, CLAYTON
N, Riley, Geo, c. Martin and Geo. w.
VanDyke. Mr.. Marvel challenged Eben
b King VIM. Il. Stimmell, Joseph Hig-
gins and James NJ. Gross. The State made
no challenges.
After the jury was sworn to return
verdict according o the evidence, Deputy
Attorney General Cooper Informed the
court that Brandt was indicted nndcr sec
tion 40 of the Revised Code for two oifenses
the first for having altered the certificate
of election Of James B. Tuman for sheriff
the same return to ba altered To the Jury
MIR Cooper said no would prove that
Brandt had increased TOman's rate from
10 toa number which he could not re-
peat at the time
Then he called Frank Simmons, of No.
2lO Jefferson street to the stand Sim
mons was II Republican judge at the
third district of the third ward at the last
election he was sworn into the office as
also was Brandt.
Ex-Sheriff Paul ellis told of having re.
ceived the district certificate while the
Board of Canvass was at work at the
Court House on November 81, but could
not say whether it was Brandt who pre-
senied IT. The ex-sheritf knew Brandt
was present at the time.
srMr. Marvel questioned the witness con-
,erning the possession of the certificate |
rom the time they were presented to the |
county until the present, the sheriff reply.
ng that 1t had been under the caro- of |
deputies and Speaker Riggin of the State
House of Representatives, in whose hands
4 nc ~, Il IA l..
% the witness knowledge, had possession
u the certificate. It was Mr.. Marvel's
'bject to Prov that the certificate had
'9en In other than Brandt's possession, in
which he succeeded .. -
Attorney-General White recalled Mr.,
simmons and handed him paper which
&c said was the certificate of the votes
asst on November2 The paper bore his
amo.
"Will you look for the name of james
;. TOmanY'
Simmons did so, whereupon Mr.. White
olntod to the figures opposite tho name
hu asked II the witness handwriting
'as There, Simmons replied yes The
ertiicate showed that Simmons had
rcditcd Mr.. Toman with ten votes, while
'me cac had written thirty over the
ord ion"
The word ten was in the witnesses
andwrlting. 1t was there when he swore
} the correctness of the sheet TO the
est of his knowledge Mr.. Toman had re.
'ived but ITO votes. The certificate was
andcd to Brandt.
Mr., Marvel opened his cross -examina-
on by attempting to disCredit the wit.
ess's testimony but was unsuccessful,
he certificate showed an alteration in the
lte OF John Biggs for the Constitutional
invention, which Simmons admitted AS
Is work
Mr.. Marvel inferred that Mr.. Simmons
lght have made other alterations but the
tate prevented such an inference from
ling out by asking Mr. Simmons If he
teration Of the TCman vote was in the
INC handwriting the B.ggs alteration
as, he again replying in the Legatiye
ID adding that the change in the Biggs
,tc had been made before he had certl.
TO the correctness of the sheet, while
c alteration in the Toman vote had not,
Daniel +. Darrell of No. II! Justisop
rect was II voter at the third district
Ills and heard the result COUNTED Tomap
ce'vcd but 40 votes.
James Z. Wigglesworth, who was q
tiers assistant vt tho polls on November
proved theStatc's most val liable witness
heard the vote counted and knew that
I. Toman had received 10 votes. He
lew THIS to be II fact bocau Of being In.
rested i'll the contest for sheriff. Mr. !
lgglesWorth was present while the ,
BARD OF Canvass was at work and heard
randi report 100 votes for Mr.. Toman,
John M. Whitford, business manager OF | I
'ery Evening, was on the stand when t
,urt recessed until this afternoon
Commissioner Harrington in til divorce
SO OF Levin Homewood vs.. Laura p
reported Il divorce which the "