Delaware gazette and state journal., 1897-07-15

lsa City council, at a special meeting
Tuesdny evening, decided unanimously
that Thomas s. Lewis. Republican,
who was elected to the Office Of assessor
aud collector OF the Northern district at
the city election on June 9Th. was
qualified to hold the office, aud by
unanimous vote dismissed the petition
of John Sayers, the Democratic candi-
date. who had filed With Council notice
OF contest on the ground that Mr..
Lewis was not qualified, 10 that be
diu not own, six mouths prior to his
election, $500 worth 0f unincumbered
Fenl estate, as required by law. Several
witnesses were heard, hut it was not
proved that Mr.. Lewis was not quail
fed. therefore tho Democratic members
naw no ground upon which TO oust Mr..
Lewis and cnHt their votes according 10
their convictions.
According to the testimony, 1t was
yhown that Mr.. Lewis owned on Deoom-
her 9Th, SIX months prior to his cleo
tion, real estate assessed at SO. 600. and.
although there was n SO, 900 mortgage
and a number of Judgments against IT.
his unencumbered holding amounted to
s767. 9S, or s267. 99 in excess Of the $500
required by law. Therefore, 1t was a
plain case that he was qualified, and
the duty of the members of Council
was clear.
Tbs meeting was called to order by
President Leitch at $50 O'Clock, at
whiun time Council chamber presented
an animated appearance. All of the
members were in their seats, and
Messrs. Sayers and Lewia were present.
outside the railing. Josiah Marvel was
looking after the interests of Mr..
Sayers, while Philip Q. Churchman
and Hugh Browne saw that Mr.. Lewis
aide of the matter was taken care OF.
On the platform sat Mayor McLear,
City Solicitor Conrad and City Audi
tor Pyle. The following witnesses. who
had been summoned, were also present |:
Prothonntary Victor b. Woolley, Re-
corder Of Deeds Courtland G. Mont.
gomery. Registry Clerk Mahlon Belts,
Constable A. \. Hurlock, George W.
Bush. Tax Receivers Eugene NJ. Sayers
and Edmund Mitchell, Jr., and James
W. Ponder. All were called to testify
except the latter. In addition to the
persons mentioned there were number
of other city officials and many politi-
CLANS and citizens, who had been drawn
to Council chamber chiefly out of
curiosity.
Stonographer Charles G. Guyer occu.
pied position in front OF the presi-
.Gent's desk, he having been employed
in the interest Of Mr.. Lewis TO take the
testimony as it was given.
After President Leitch had rnEped
or order and announced the purpose for
which the meeting had been called,
Councilman Robertson offered the fol.
lowing communication, which, ON his
motion was read
Wilmington, Del, July 13, 1897 =
To the Council-Gentlemen Having
heun served with copy Of the petition
of one, John Sayers, pretending to con-
test my election as assessor and collec.
Tor OF tho Northern district of the city
Of Wilmington, and understanding that
said petition is tu be hoard by youi
honorable body this evening, !, Thomas
s, Lewis, do hereby protest against thf
confederation of said alleged contest
upon said petition, because OF the lach
Of jurisdiction OF the Council to hegi
or determine the came, and that my ap
pearauce Mt said contest shall not be
construed as acquleHcing in or consent
ing TO the jurisdiction OF your body tt
hear and determine said petition oi
contest Yours very truly,
Thomas s. Lewis
On Mr.. Robertson's further motion
the communication was accepted ant
ordered filed.
After the communication had been
disposed Of, at the request OF Presidon
1leitch, Clerk MORRISON read the notiel
of contest, which had been filed at
previous Meeting IN behalf of Mr.
Sayers, the substance of which wa
published in these columns at the time
Mr.. Leitch suggested that eomeon
qualified to administer oathH he ain
ployed to swear the witnesses, and, OF
motion of Mr.. Smith, Notary Publi
James Monaghan was requested to per
form that duty, which he consented Il
do.
At Mr.. Smiths request Constabl
Hurlock was the first witness called
He stated that he hau served copy o
the notice Of contest on Mr.. Lewis II
the vicinity of the latter's residence a
10 o'clocl, p. m, on July lat
There seemed to be no fixed plan o
hearing the witnesses, and, on motiol
of Mr. O'Neill, their names we're callet
and they were called upon to testify il
the order In which their names ap
peared on the list.
Recorder of Deeds Montgomery o
being sworn, stated in reply to ques
tion from Mr.. smith, that he had n
knowledge of Mr.. Lewis having n dee
on record on juno 9th or six month
PRIOR bnoretO. ite huueu tnHt no nH
an abstract Of all the transactions I
which Mr.. Lewis had been party. q
far as his Office was concerned.
Prothonotary Woolley.on being calle
on behalf of the contestant was aske
the following question by Mr.. Smith
''Aro there any judgments, costs au
interest entered on the doGSets in you
office against MIR. Lewis" "les, " rt
piled Mr.. Woolley
Mr.. Smith-"To what amount?''
Mr. Woollsy--"Yo want the amour
at the present timer Woll, there hay
iieen Une or two judgments satiste
since June 5th. and that would make
difference in my answer. -
Mr.. Smith, would like to knu
the amount at the present time. "
Mr.. Woolley-'There is Judgmer
marked as entered against Mr. Lew
by Mary Callahan on May 30th, 1877.
and subsequently marked to the use
the Equitable Guarantee and Trust Ct
When the new judgment law went int
effect on January lat, 1896, the judl
ment was renewed. The amount WI
Sl44.95. A new judgment for Thu
amount was made. which, with the IL
terest and costs, exclusive of the COZ
Of satisfaction, amounts to S360. b
Then there was a judgment in favor
Evan 4. Evans, marked to tho use
the Equitable Guarantee and Tru
Co., which was entered in 1874 and n
= M -.