The sun., 1898-10-18
Court Orders the Democratic
Members of the Kent Board
of Canvass 10 Give Up.
WILL COST THESE MEN $1,000
Kent County Superior Court Receives
the Answer to the PeremptOry
Writ of Mandamus in the Kent
County Election Steal
of 1896.
Special Dispatch to The SUN.

oeA''
DOVER, Oct. 1.-THE last act in sue
cession of famous mandamus cases, rela-
tive to the Kent county vote in 1896,
took place to-day before the Superior
Court in and for Kent county.
This act was the answer of the re-
.spondents and relates to the peremptory
writ issued by the court, ordering the
recount of the vote.
Further than hearing the answer the
court ordered the costs of the case, over
$500, to be paid the Democratic inspect
ors, who refused to tabulate the vote in
1896, as members of the Board of Can
vass.
In other words the court further stig-
matized these Democratic inspectors in
the great political crime.
According to the language of the writ,
the return was made at 1890 this morn
ing, Chief Justice Lore and Judges Grubb
and Spruance sitting to receive the an
swer.
Immediately after the opening of the
Of the counsel for the relatives stated the
case concisely, his statement merely con-
sisting of the reading of the writ and a
review OF the case up to the making of
the return.
The answer to the writ of mandamus
was read by Walter H. Hayes, Esq. The
answer stated that pursuant to the order
OF the court the Sheriff of Kent county,
together with all the inspectors named in
the writ, the same forming the Board Of
Canvass for Kent county, had met,
counted the vote, signed to list and GER
titled to the correct number Of votes re-
ceived by each and every candidate
whose name appeared upon the official
ballot.
The answer also contained q prayer
from Inspectors w. H. Walker, Levi G.
Sterner, Clarence Mason, John S. Rowan.
Benjamin T. Conwell, Erasmus D. Burton
and Charles Macklin, in which they
asked the court to relieve them from the
payment of all or part OF the costs of the
this prayer, was the fact that the said in
spectors were ready and willing at the
time of the issuing of the first or alterna-
tive writ, to deliver the ballot boxes and
certify to the number of votes received by
each and every candidate voted for at the
1896 election.
That, further. they, the aforesaid in
spectors, were ready and willing to
certify to the returns of the elections at
the time of the cOnvening of the Board
of Canvass on the Thursday following
the 1u ,sday on which the election was
held.
The only objection to this prayer was
made by Judge Spruance, who held that
the answer of the inspectors, merely
stating that the order of the court, as con-
tanned in the language Of the writ, was
carried out, was not sufficient proof to
that court that such action had been
taken by the inspectors. Judge Spru-
ance desired that the inspect ors bring
proof that they had done as the peremp-
tory writ ordered.
His objectic n, however, did not stand,
as it was held by Chief Justice Lore and
JudgeGrubb that the nature ola peremp-
tory writ was such as not to allow of any
answer or return unless the order had
been carried out. That the bare fact
that an answer had been made was
proof that the order net forth in the
language of the writ had been carried
out by the inspectors.
The answer was accepted and filed,
and recognizing the prayer Of the in
spectors named above, the court issued
an order directing the payment of the
81, 300 costs to rest upon the following
inspectors, all Democrats: Abel S. FAIRIES,
john s. Scotten, Thomas H. Baxter,
Alexander ]. Draper, Samuel G. Hughes,
John w. Sheldrake, Franklin Tumlin,
Thomas Mccoy and William H. Green
we'll.
The order compels the said Democratic
inspectors to Immediately give bond for
the payment of the 81, 300 costs within
three months from this date. In event
OF failure on the part of any one of these
inspectors to pay the amount OF the costs
the same inspector will be confined to
prison until the costs adjudicated to
thim are paid.