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

trlUeDt itll tIo cODfb HCllI GuHIEH Vic
Jurors, he said. that 80 the defepdant
raB the legal custodian of the certih-
cate, be was held responsible by the
law IL through his Negligence or care
lessness anyone was allowed 10 make
sny alteration. He therefore confidently
expected verdict Of guilty.
Mr.. Marvel occupied bot short time
for tie defencs. He questioned the /
truth Of the testimony given by Inspec
tor Frank Simmons, and thought IL /
strange in yieg Of the fact that numsr
Gus changes were made in the certiii- |
cate that Mr. Simmons should rsmem
Der so clearly the number OF votes |
credited to james u. Toman.
Ar. White ciosed fer the State az !
q ~ o'clock and Chief Justice IJors dis |
charged the Jury until 10 o'clock Thurs
cay morning.
Immediately after court convened
Thursday morning Chief justica Lore
charged the Jury in tie case OF Edward
3. Brand, accused OF altering or per
hitting to he altered the returns OF ine
vote OF the Third district OF the Third
ward at tbs lzts election fer James y.
Toman. The Chief Justices address
Wss as follows:
Gentlemen Of the jury Edward a.
Brandt, the defendant, ~ charged In
tho Indictment, with the fraudulent
alteration OF certificate Of election.
The indictment is framed under sec
| ton 80. chapter &c. Volume XIX, Della
ware laws. relating 10 eisctions 10 vii.
mington hundred, which reads as FOL
| lows:
Every inspector of election. poll
clerk. or other officer or person having
| the custody Of any record, register Of
votes, or COPY theEsnf. oath, return OF
votes. certificate. poll list. o. any paper,
/ document, or evidence Of any descrip.
/ ti0n in this act directed 10 be made.
| fled or preserved. who is guilty Of
| stealing, wilfully destroying, rlutilat-
ing. defacing, classifying. or frauduieutly
removing or sscrsting the whole, or
any part thereof, or who shall fraudu.
lantiy make any entry, 0rasuFe. or
alteration Wherein, expect "a allowed
and d!rected by the provisions Of this
sct, Of who permits any other person TO
do 30, shall upon conviction thereof, be
adiudged guilty OF a miBdemearor.
The purpose OF this statute is to ne
cure the purity OF electiane, and TO az.
certain and enforce the honest viii OF
TIE people as expressed by tue ballot.
The indictment contains two counts,
and charges that said Brand was in
srsctor Of the election held in the
Third district OF tho Third ward IN the
City OF Wilmington, on Tuesday. the
third day OF November last, at which
election votes we're given for Governor,
Senators, Representatives, sheriff and
coroner. in accordance with section !.
article of the Constitution of this
l - -, thpt m NM
10 his custody the certificate OF the cleo
ton for said Third district ard 81
! being in hia custody; the first coun
charges that he did "wilfully, fraudu
lentiy aud unlawfnlly make an altera
ton in said certificate Of election. b!
, then and there changing the number 0
! votes gwen at such election, for on
: james b. Toman for the Office o
!, sheriff OF New Castle county"
The second count charges that h
o wilfully, frsudulently and unlGw
fully permitted some person to th
4 Jurors aforesaid unknown to max
the alteration. In other worls. the frs
n count charges that he made the sltera
II ton himself; the second that he pei
q mitted some other person to make il
a The offence therefore is tho frauduler
% alteration of a certificate and thf
u Brandt either made ii or permitted
II to be done.
10 1t is in proof and not disputed. tbs
m two certificates Of the votes cast at th
m said election in the said Third distric
were made ana signed by the defendat
10 Brand as inspector, and by Joseph 4
Il Murray ami Frank Simmons. the otbt
~ two iudgas: one OF which certificate
.. was put in the ballot hox with the ia
III lots, and sealed up and delivered
M Brand, tie inspector, and the 9th
A certificate, which is the one it
I'M claimed has been altered, Simmol
he testifi6s he delivered into the custot
as of Brand personally at the close Of Il
n, election. Brand himRelf teEtifies til
as il remained 10 his custody from til
ar. time until be produced and read it
OK tho Board OF Canvass on Thursia
ed November 9th, 1886. That 1t was
I'm his actual possession EXCEPT viii
of under come books 10 his home whore
fl lived with his mother, and for the tiT
ia it was in his opeFcoat pocket, viii
he was lying on the witness stand GurI
nd the meeting OF the Board Of Canvs
ile in this room. Simmons testitiea I'll
in when tho certificate was delivered
,ns Brandt, the vuteB written thereon
il his own handwriting, as cast for Jan
,ad u. Toman were 10; Brandt testli
not that when the certificate was pro1uE
by by him at tho Board of Canvass,
m. read therefrom the votes cast
tea Toman al 1870, which he says cor
re. spDnded with tho certificate AT IL
r., tins. Simmons teatiiiea that tho w
+, Of thirty" written over the word "te
rhe Ia the certificate and which chang
by IDman's vote from 10 to $50, is not
b,, his handwriting, and wgs not on
as certificate whom he delivered it
hat Brandt. I5ranut trstiiics that it
hal thern when he produced and read it
iti,- the Board OF Canvass on tho follow
Thursday. 1t seems therefore to no
he disputed that the alteration, if any,
la to made whio tho certificate was in
eet custody OF Brandt. He testiiies t
ime be did not make it; and that it
our. not made with his knowledge or consG
tho The question for you TO determine
tho whether no made that alteration
and permitted ii to be done; if no
ser either he is liable under this ndictmt
era, Under tho statutes Of this 81
cary Brand, as inspector OF the elect
bar distriGt, waa the custodian of
once ballot box, with tho ballots, tally
anu ono certificate OF election,
opnr posted therein and securely sealed
y of and also of the other certificate TO hr
It to him preserved and delivered Rccr
dict ing to law. He was the solo custod
i'll and had exclusive control thereof f
ter their delivery to him at the close of
" Of election on Tuesday until tho meet