The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1898-11-30

ELECTION EApeuSeS, ouI NeluSeu W
Give Details.
As foreshadowed i'm The Tribune,
John Gibbons declined Yesterday be-
fore the contest examiners to answer
specifically the questions which he took
exception to and to which court di-
rccted he should make answer
There Was a large crowd present when
the hearing was commenced yester-
day morning and the appearance of
Nj. Gibbons aud his counsel /. II.
Purns was greeted with applause.
After some preliminary sliirnishing,
Nj. IIol9ate proceeded to Dut To Mr..
Gibbons the list Of u1uesticns which
h. refused To answer at the previous
hearing and " hich court directed that
he should answer. Tho first question
asked was "Mr. Gibbons, did you re-
Ceivr am! money IN connection with
the election held in November. 1S9I.''
70 this Mr. Burns, for his client,
made answer by reading a general
statement, denying thai he had been
guilty of any of the ufi"nsrs forbid
den by section \. article s, of the
state constitution covering the matter
Of bribery in elections and contendng
that he had fulhlled all the require
ments Of the section dealing With the
qualification of voters.
MIR. GIBBONS ANSWER.
The answer was read by Mr.. Burns
as follows;
BY the advice of counsel decline to an
swCr the questions as put in detail for the
following reasons:
First--lIavirg had at the general clcc-
tiOn for the year 1891 all the qualifications
prescribed i'm section / Of article 5 of the
constitution of Pennsylvania, and having
been duly registered and my vote having
! beer east without challenge, and the
same having been duly returned and
counted. this court has no jurisdiction to
declare il an Illegal vote. and the Qtles-
ton is therefore immatcrial and not reev-
ant to the issu" in this proceeding
| SCcond--l did not give or promise. or
Offer to give to an elCCtor, any money,
! reward or valuable consideration for his
vote at the general election in LaCka-
| wanna county. or i'm the state of Penn
! Sylvania for the year 1891 or for with
| holding the same. nor did give or prom
Use to give such consideration to any
other person or party for such electors
voted, or for the Withholding thereof; nor
/
self or for another. any money. reward
or valuable consideration for my vote at
the said election, or for Withholding the
same.
| Third did pay to sundry individuals
various sums of money previous to the
| general election of 1891 for their SER
vices in making lists of voters, assisting
| H. getting voters to the polls on the day
| of election. and disseminating Informal
| ton in regard to the candidates who
| were to he voted for at that election, but
| for no other purpose. If it would be con-
| sidered that such payments were Illegal
| and would subject me to any penalties,
punishments or forfeitures. then | de-
cline to give any specific answers to ques.
| tions as to details of the dates and
| amounts of said payments or to whom
| made, for the reason that such answers
| might tend to Criminaie me and would
| compel me to give evidence against my
self as to persons and circumstances that
| might be used against me i'm the prosecu-
ton. And upon this ! claim the protec-
ton of the bill of rights of the constitu-
tion of Pennsylvania apd the provisions
of the constitution of the United States.
REPEATED OBJECTIONS.
Mr.. Holgate interrupted repeatedly
with objections, but Mr.. Burns each
time resumed his reading until he had
| finished and gotten the answer in full
on record. The objections by Mr.. Hol-
gate were in the main that the answer
was not responsive to his question
and that he should have a specific an
| swer from Mr.. Gibbons himself.
Mr.. Holgate took up the next ques-
ton on the list and then the others in
their order, and to all of them the
| same response was made, that they
had already been answered in the gen.
| eral answer read by Mr.. Burns. Wher
| Mr., Holgate insisted on specific an
| swers the witness refused to give them
Both Mr.. Lewis and Mr.. Duggan di'
rected the witness to make answer
when each question was asked.
Mr.. Holgate repeated the question a:
to whether or not Mr.. Gibbons had re-
ceived any money from Mr.. Kelly. anC
the witness said positively what h,
had said at the previous hearing, tha
he had received no money from Mr.
Kelly or any one acting for Mr.. Kelly
This question was not excepted to by
Mr.. Gibbons attorney as it was Il
their mind material and pertinent t
the issue.
After the list of questions had beer
gone over Mr.. HOlgate asked if it wal
because he feared to incriminate him
self that the witness refused to an
swer. Mls Gibbons refused to reply
his general answer covering this.
Thereupon the matter was certified
to court 1t will come uG this morn
ing at o'clock, it is thought. MI
Holgate will ask for a rule on NIr
Gibbons TO show cause why he SHOULD
not be committed for contempt.
FUTURE OF THE CASE.
Court, If it grants the rule, will
make it returnabe at u future day
and their arguments will be heard.
Mr.. Gibbons should be held guilty o
contempt an attachment will be issue,
for him and when he is taken he vii
he placed in custody of the sheriff
Immediately a writ of habeas corpu
will be asked for from one of the judge
of the Superior court and at the sam
time the case will be taken to tha
tribunal on certiorari.
Should all this eventuate the cas-
will hang fire until the Superior cour
hears and passes upon 1t. Upon it
decision will depend whether or no
| M Gibbons will ha ramonda1 90 IA