Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-05-25


who with Attorney General Robert @.
White. conducted the prosecution, ex-
planned that under the law of libel it
was a sufficient publication to publish
libel to one person. The libel was
in connection with tho alteration OF |
election certificates in 1896, alleged
statements OF election officers implicat-
ing Messrs. Biggs and Salisbury in
the alterations, having been sold to |
Clement ii. Congdon Of the Winning
ton Sun by Shatfner for 500.
John Riggs was the first witness.
He said that the first he knew of the |
matter was on October 9Th, 1898, but |
as he had had nothing to do with the
alterations, and had no knowledge of
them until after the meeting of the
election board, he paid little attention
to it, He learned that the statements
were alleged to be those of election
officers, and in the handwriting of
Josiah Marvel. He knew only one of
the six inspectors, and so he spoke to
Peter j. Ford and Others who knew
them and they saw the inspectors who
made afidavits that neither Mr.. Sauls-
bury nor Mr.. Biggs had anything to do
with the alteration of the returns, and
that they had never told any body that
they had.
Complaint was made to the censor
committee of the bar against Joseph
Marvel. The committee, Messrs. Bird,
Hilles and Whiteman, heard testimony.
Copies of the plates of the alleged
statement were leaned 10 the COM
mittee. Last Wednesday week Shatfner
testified before the committee that he
had turned the papers over to the Sun,
and that it was with the purpose of
securing money from Messrs. Salisbury
and Biggs; that he or someone else in
tended to meet them down town and
demand s., 900 from each. Shaffner had
admitted that he delivered the papers
to Gilbert S. Jones and afterwards to
Clement H. Congdon in Philadelphia
and received 800.
Mr.. Biggs identified copies of plates
Of the original papers.
Willard Salisbury testified that in
1893 one of the inspectors of the election
told him that papers were circulating
in the hands of reporter that impli-
Gated him in the alteration of election
returns. After returning from his sum-
mer vacation that year he saw the
alleged statements and they were SO
outrageous that he and Mr.. Biggs began
securing evidence with which to meet
their publication, expecting to take
proceedings after they were published.
Shaffner, when brought before the COM
mittee made contradictory statements
about the statements. Shaffner ad-
mitted that his handwriting was like
| that of the statements; that the
originals had been given him by Josiah
| Marvel.
Mr.. Salisbury denied any connection
with the alteration OF the election
returns. He said he was chairman OF
| the Democratic County Executive Com
mittee at the time, and the first he
knew of the alterations was on the
night the returning board met Novem
her, 1896. Then he was sitting on the
bench with Judge Spruance, when one
| of the election certificates was shown
him, and he saw that it had been tam
pered with. After that, he did all he
could to prevent any further things of
that sort. Mr.. Salisbury denied abso-
lutely assertions in the purported state
menis that he had sent liquor to the
election officers.
| j. jackson PIERCE testified to tran
scriptions of the statements on the
plates, but upon objection by Shaffner,
Mr.. Cooper withdrew thu offer of them
In evidence, and simply offered the
copies of the plates, which were ad-
mitted into evidence.
Mr.. Cooper then read the alleged
statements of James Il. Graham, IN
spector in the Fourth district of the
Eighth ward in the election of Novem-
her, 1896; Thomas F. Martins, Fourth
district of the Tenth; Edward A.
Brand, Third of the Third; Hugh Wal
lace, Fourth of the Second: james f.
Early, Third of the Twelfth, and Albert
Abberger, Fourth of the Eighth, all o!
which in one way or another ALLEGED
that Messrs. Salisbury and Biggs were
interested in the alteration OF tint
returns: that money was given IN som'
cases; that liquor was sent to polling
places that election certificates wer'
lost and found again; that promises 0
immunity from difficulties growing GU
J of alterations of the returns were made
Gilbert S. Jones of the Sun stat
! testified that in March, 1898, Shatfne
came to him and said he had lega
documents duplicating Messrs. Sauls
bury and Biggs, that were written b.
!, Josiah Marvel. Mr.. Jones conferre,
with Clement H. Congdon. who was j
Philadelphia, by telephone, and tn
next day Shaffner brought the paper
and took them to Philadelphia to NEE
, Mr.. Congdon. In addition to tn
papers he carried with him an envelop
containing 500 which was addresse
to Mr.. Congdon.
Mr.. Congdon testified to meetin
= Shaffner by appointment at the Read
ing Terminal, Philadelphia, receivin
from him the papers, and handing hir
4: the 800 that was in the envelope. ii
took them to the Levytype Co., for re
: production, and the copies in court wer
/; made from the plates ne secured. II
l had not intended that the plates shout
. come into Delaware, as he was not abb
to come here at that time, but by
slip up they were delivered here. On
Y set was sent to Horace G. Knowles b
the Levytype company in order to su
: on the balance OF the bill for them
Mr.. Congdon said that the only one {
: the papers he read was one alleging tina
Mr.. Salisbury had sent cradle to
: lady.
Il Levi G. Bird, chairman of the con
!. mittee of censors of the bar, was Gale
i to the stand. Before taking the oat
q he stated to the court that the cense
committee had been formed by resolt
|, tion of the bar association in NoVen
I, Der, 1895, and one Of the provision
II was that matters before it should /
treated as strictly confidential. Il
IS desired, therefore, to know whetht
!, the court considered that it would
d proper for him to tell what had com
before the committee. The court a.
q cided that it was proper and his du'
70 to tell. Mr.. Bird was thereupon swori
u He identified the papers which hay