Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1897-03-04
EDWARD BRAND is GUILTY
Convicted Of Permitting His Certificate
Of Election to be Altered.
VERDICT RENDERED LAST FRIDAY
Motion for New Trial Made by
His Counsel.


trict of the Third ward, charged with
altering. or allowing TO be aitered the
return Of the pum6ey Gi votes cast Tor
james y. Toman In the late election.
The news that the cpurt had refused
IN quash the indictments at tho NOM
ing session spread rapidly and long
before the doors were opened for tbs
afternoon session largo crowd was
present eagerly awaiting admittance to
the court room.
When the case was resumed. ex-Shsriff
ellis tooK tho stand and produced the
tally sheet n the clcr,ss WIN OBLIGATED
for the Board Of Canvass. Robert AdaiF
one OF the clerks of the canYassing
board. identified the shoot rs the one
kept by him. Asked as TO the number
OF votes given for DIR. Toman he said
100.
Sheriff Finn next took the stand
He was questioned by Nj. White rela-
tive to the custody Of the ballot boxes |
The attorney general then requested |
the sheriff to produce the certificate |
returned in the ballot bUz Of the dis |
triet.
Mr., Marvel objected and said The |
sheriff had no right TO oEen the ballot |
boxes, as under the law governing cleo. |
tions, the sheriff is not allowed to open |
tho boxee until after the last cay OF
February next succeeding the election
or unless upon the order Of either the
State Senate or House Of Represents
tives. He held that the Law by impli-
cation hsd stripped the cogr. Of power
10 order the onening of the boxes.
Chief Justice Lore held however
that under the power given court to
order the production Of books and
pspera necessary in evidence the court
had power TO order the opening Of the
ballot boxes. The sheriff thereupon
opened the box and produced the dupli
cate certificate.
Frank Simmons was again recalled
and identified his signature on thp GER
tificate which ne said had been made
ont by Inspector Joseph A. Murray.
The number Of votes credited to Mr..
Toman on this certificate was ITO.
Edgar L. Haynes, assistant business
manager Of the Morning News next
took the stand and identified an cleo.
ton return made TO that paper on the
night OF the election and signed by E.
A. Brand, which credited Dir. Toman
with ITO votes. The return sheet was
offered ia evidences by Mr.. White but
Mr.. Marvel objected on the ground
that ii had not been proven that Mr..
Brand signed it. There might be 40
such sheets, he said, signed L. A.
Brand. but that did not signify that
Mr. Brand signed them.
Robert A dair was then called as an
expert on handwriting. He stated that
he has been In the banking business
for seven and half years. after a
careful comparison of the Morning
News return and the certificate signed
by Mr.. Brand Mr.. ,Adair declares
them to be the same handwriting. Tbs
paper was then offered in eyidenct
together with the certificate taken from
the ballot box and the State rested.
Hr. Marvel made a brief opening
address and then called f. A. Brand
the defendant TO the stand. In reply
10 questions from Mr.. Marvel the Dc
PENDANT stated that he had not alteret
tho certificates himself or permitted
anyone else to alter them. He Gave
detailed account Of his movements from
the time the vote was counted until tn
Board Of Canvass met. The count wa
completed about 3 O'Clock on the morn
ing following the elpction, and lac Il
chairman Of the board signed both Ger
tiGcatus. One he put in the ballot BIZ
and tho other he took homo and place
il under some books in the dining root
until Thursday, the day the Board {
Canvass met. He then put the certif
cate in his overcoat pocket and came
the Court House. Here he took off tn
coat and laid il on tho witness stan
and left it there for several hours, viii
hs made his way from place to place
the court room. When his diatrict WI
called hs got tho certificate aud read
al he found it there. II there ha
been any changes made he did IL
know vi it. On cross examination
Mr.. White no Haid he could not remou
ber all hour after tho vote waH cnuntC
AoW many yOtoB any ore candidate r
eeived, except Thomas Il. Bayard. Jr
whose vote he remembered because
the small number no received. II
certificates no said were filled out
MetBre. Murray and Simmons and
had sIgnGd both after having been (
Eurrd by both the other inspectors til
they wero all right Ii anyone b
changed any OF the figures it was wit
out his knowledge or consent.
Milton II. Hawkins testified that
was ono of the inspectors at the Ia
election and was present at tho mel
ing of the Board of Canvass all the til
with the exception Of about an hot
lilo saw Mr.. Brands coat lying On /
witness atand and afterwards saw [
defendant read his returns and ha
the certificate toDeputy Sheriff Tuck
Owen j. lie9glGn Eugene Sage
William II. Blake and Dennis lie;
wore called TO testify to the good CD
arter Of the defendant and tho defer
rested.
Deputy Attorney General Coo
read tho law governing tho custody
the certificate, ald asked the court
instruct the jury to bring in a verd
Of guilty aB under the law tho
Epeutor was the Cuatodian Of tho &
tiiiCate, and ovUn il he didn't know
tine alteration, IT was through his mel
genco IN cot taking proper care OF
certificate that tho crime had b
committed and therefore under tho |
guagp Of the code ha waH guilty 0
mHricnleaDpr.
Mr., Marvel vigorously opposed Fl
construction OF tho word perm
as dnilned by Mr.. Cooper ami aBicd
court not "a ~ instruct the Jury.
IAH npeE'ng argument was thch
Enu for tho httG by MIR Cooper
said The crime with which Br
stGDds charged while but 4 mis-
EtaaaDr Is ono Of no gravest that uu
be- "ommiJtoi. IL was not Il or
against IN Individual but against
Ehp!a comEun.ty Tho offence sEri
at l'.a worry root Of orr republican I,
OF EuvrruInnRt and ii tha verdict ia,
the t!o!andapt ta'fu will bo no us
holding elections in the future,