Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-04
IGNORED BY Mr.. HANDY.



opening Of wiIiis' Contest for Scat in
ti5rt Congress.
Spt c,nI Correspond ence nj Gazette aud Journal
Georgetown, March 2. The final act
in tho contest by Jonathan S. Willis or
the seat of Congressman-elec Handy
so far as the fight within this State
is concerned, was begun hero yesterday.
Notary Public j. Y. FoulK OF Mil
ford sat as special commissioner in the
office of Moore & Cahall for the pur-
pose of taking testimony in the case.
The contestant was represented by
Messra. Moore & CANAL. and ex-
Congressman Ben Butterworth. while
John M. Richardson and d. r. Coch-
ran, Jr., had charge OF Mr.. Handy'5
side OF tho case. The 1l.l8 o'clock
train brought the upstate contingent,
aud Immediately the lines ct battle
were drawn. Twenty -four witnesses
had bAen summoned by tho contestant,
aud beaide5 these there were present;
j. Edward Addicbs, ID. Miflin Wilson,
james G.. shaw, ST., John III. Hof
fecker, George B. Roberts, Charles II.
Kittinger, DIR. George W. Marshall, j.
Frank Alice. John W. Green. Fred
Walls, DIR. G. r. Layton and Dr. John
W. Messicp.
Just before the opening of the case
| Attorney John M. Richardson. for the
| contestee, served upon the contestant
protest against the taking OF any
testimony, and refused to be present
at the hearing. The protest was as
| follows:
Honorable Jonathan S. Willis-Dear Sir :
| | am in receipt of your communication
| (without date) left at my house for me
| during my absence from home on or about
| February 18th last. advising me that you
intended to take the testimony of several
witnesses named therein at the office of
| Moore & CahaIl, i'll the town of Georgetown,
county of Sussex, on Monday, the first day
of March, A. ID, 1897. This communication
is surprise to mo, as you had previously
abandoned your contest of my election by
failing and neglecting to take any testimony
| in support within the time allowed and
| fixed by law, namely, within 40 days after
the service OF my answer to your notice OF
| contest Ny answer was served on you on
the 10Th day of december, A. d. 1895, and
4 your time for taking testimony as limited
i by law expired on February eth. 1897. Your
alleged notice for taking testimony. further
| more does not conform to the requirements
of section 1903, Of the United States Revised
Statutes, in that it does not give 1.-THE name
of an officer before whom the same will be
taken" |, therefore. object to the taking
OF testimony or depositions in support OF
said contest, on the following grounds:
First. That The time for taking such testi-
mony has long since expired, and that no
testimony can now be lawfully taken by
deposition or otherwise in support of your
said contest. IL.
Second. That you have abandoned said
contest by failing and negecting to take any
testimony in support thereof within the
time fixed and limited by law after the ser.
vice of my answer to your said notice oil
contest.
Third. That your aforesaid notice Of
taking testimony is fatally defective and
void, because IL does not give or contain the
name Of the officer before whom the testi-
mony of the witnesses named therein, OF
any of them, is to be taken.
i donot, therefore. recognize your contest
of my election to Congress as pending, AMI
| cannot takespart in the examination Of
witnesses or any other proceedings having
reference thereto.
The Addickaites then had things al
their own w8y, and at once proceeded
to business by swearing in Stenographei
Guyer. Ex-Sheriff Joseph ID. Iruxtor
was called to the staud, aud gayo Il de-
tailed account OF the conduct Of q Sus
sex county election-the method o.
counting and tabulating the returns
&c. 1-under the examination of Messrs
Uahall and Butterworth. At the con
clusion of his testimony, the ballot DO!
of the West election district of LittlI
Creek hundred was opened, and tn
tally sheets read and compared TIN
box containing the ballots was opened
J and the entire vote of the distric
counted, showing discrepancy, the.
claimed. OF more than 60 votes. Tn
work Of accounting the votes was con
: tinued.
The primary motive back Of all evi
IDENTIFY 10 not so much to give to Will
the seat TO which Handy was elected
as to attempt to show that the candi
dates for the General Assembly on th
Union Republican ticket were elected
? last fall, thus giving to AddiukE
'rump' Legislature the senblance o
legality, and making grounus. by tina
, means, OF contest Of Senator Ken
! ney's seat by Addicks.