Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1898-12-29

Judges Grubb and Boyce while acting
as Hoard OF Canvass 20 count the |
returns Of the last election in Sussex
county, with special references to tho |
contest Of DR.. Hiram h. Burton TO the |
scat OF State Ssnator-elect franklin @.
Maull Tho Times used as basis
Of comment % news itsm relating to
the DOCTORS contest, and added thereto
the following.
Tho statement that DIR. burton for
sonio reason abandoned the contest
when before Judges Grubb and Bosce,
he denies. On the contrary, IL appsars
they stopped short and refused to in
yestigete tho ballots further when Ii
was apparent that by so doing 1t would
show the election of DIR. Burton. THESE
Judges were acting as q "Returning
Board in their judicial capacity.
That Judge Grubb should show him
self to be politician frat and dis
pepser of Justice next, IL DR.. Burton's
position Is correct, is not surprising to
any one, but was hardly expected Of
Judge Boyce. III 1t the Kent county
trick in another formP t4
The court records at Georgetown of
the courts canvass Of the Sussex vote
at tho last election absolutely CON
tradict tho above statement by tho
Smyrna Times, ami show the writer
OF this editorial paragraph to be either
. wiful or ignorant calumniatur OF
Judge Grubb and judge Boyce. who
hold the court and heard the contests
before il In that election.
AT tho outset IN the herring Of the
first contest, by Mr., Conoway, Re-
publican, Judges Grubb and Boyce,
against tho objection of Attorney
General White In behalf of the Demo
cratic side, declared that tho court
would count all the ballots when this
was properly asked for upon petition
under onth, as prescribed by law
In DIR. Burton's contest against
Maui for State Senator in his dis
trict, DIR. Burton, in his sworn petit
tion, Ind not nslred TINT all the ballots
In all or any of the boxes Of the
different polling places in his district
should be counted. He merely asked
that tho ballots for him which had
been rejected by the election officers
and placed in certain ballot boxes In q
separate package, and not oil the other
ballots in said boxes, should DO oounted.
In other words, DIR. Burton and his
counsel did not ask, nor, rs the sequel
proved, did they want all the ballots
in each box counted, as the Smyrna
Times represents.
| Attorney Woodburn Martin filed a
sworn counter petition in behalf of
Mr.. Maull, the Democratic competitor
Of DIR. Burton, asking that the court
count oil the ballots cast at said
election in Loves and Rehoboth aud
Broadkiln hundreds--that IL, all tho
ballots contained in all tho ballot
boxes OF DR.. Burton's Senatorial dis
trict. When the court ordered this to
be done, DR.. Burton's attorneys, Messrs.
Cahall and Richards, asked leave o!
the court to withdraw DIR. Burton's
contest aud abandon the proceedings
against Mr.. Maull's election as State
Senator. Dr. Burton was present In
court when this application was made,
and Us it was, therefore, made with
his knowledge, 1t must be presumed
that DIR. Burton abandoned his contest
not because the court refused, as Tho
Smyrna Times puts it, to count all tht
! votes cast, but because the court
: actually did what he now seems t
: think they should have done.
{; Before the editor OF the Smyrne
Times libels our judges in this scandal
GUS and untruthful manner, he shoult
: take care to inform himself OF the fact
Y whereof he speaks. DR.. Burton, wht
/ was present, will probably inform him
il applied to, that both his assertion
! OF what DR.. Burton and his counHe
did, and his reflection upon judge
Grubb and Boyce, are as untrue ~
they are unwarranted.
II the Smyrna editor will also appl
to DR.. Burton's fellow-R Republicans /.
> Lewes and Milton--or. possibly. to CT
Senator Higgins-ho may lenrn, IL n
q does not already know II, that DR.
Burton's abandonment Of mis- conte,
4 before the court WAS induced by Re
!. publican fears that the Republics
IS Representative-elect,. Mr.. Hazzard &
Milton, and tho other Republicans wn
'r had been returned as elected to othc
:, offices in that Senatorial district Nigh
e be found not really elected, II oil {
IS the votes cast in that district shout
20 DO counted, as petitioned for by WOOD
2 burn Martin, attorney in behalf OF til
i Democratic side.
Confirmation Of tho utter grount
lessness Of the charge against th
!, y court so reelslcssly made by the SInyrn
" Times Is found In the testimony {
!. the counsel for the Republicans in til
!. contests arising from the count OF Ii
ir Sussex vote. They waited upon Juda
10 Grubb at the railroad station, as i
O. was leaving for home, to assure him
T. their appreciation OF the courts GIN
M nently fair conduct Of oil tho contests
Is and to thank him cordially, an actic
G. they had contemplated taking in ope
IS coirt, but were prevented by the vi
n expected suddenness of the adjourn
N ment.
Ok Another point in connection with ii
e. matter is that the courts action is
DO matter Of public record, with whit
~ the editor Of the Smyrna Times cou
Nv have made himself acquainted, had |
:. but taken tho trouble to make an O
let animation Culpsbility, therefore, mu