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


spectors, who were represented by Mr..
Marvel, the attorney made an effort to
get money in their behalf. Il had
nothing to do with getting them out,
said Mr.. Marvel. The defendant tried
to inject an implication that Mr.. Mar
vel knew what was going to happen in
the election cases because his brother
was on the bench.
Shaifner tried by questions to con-
meet Mr.. Marvel with the scandalous
papers, but the attorney denied all
knowledge Of them prior to the dis
closures which followed their sale to
the Sun.
Didn't you try to sell them to the
New York journal, the Philadelphia
Record and the Baltimore SUM-" asked
Shaffner.
81 did not,r said Mr.. Marvel.
Didn't you make the arrangement
for the sale of these papers?'
mo-
Mr.. Marvel added that he never saw
Mr.. Congdon until 10 days ago, and
never saw Mr.. Jones to know him until
10 days ago.
Didn't you dictate this matter to
me?" asked Shaffner.
mo-"
'Didnt you tell me next morning
that you had rewritten it?'
"No."
The attorney stated that he was out
of town between September, 1897, and
the fall of 1898, being away for his
health. s0U
"That will do, you're all right re-
| marked Shaffner as he concluded his
| cross examination.
In reply to Mr.. Cooper, Mr.. Marvel
said that on March 18th, the day the
deal for the sale of the papers was
made by Shaffner, he, Marvel, was
either in Georgetown or Salisbury; had
been away from Wilmington for months
before that and was away for months
after it.
James f. Farley and Thomas f.
Martin, two of the election inspectors.
made absolute denial Of having made
any such statements as those imputed
to them in the documents in the case.
Three Of the other four inspectors were
returned as non est and the fourth
is i'll.
Josiah Marvel was recalled. In reply
to Mr.. Cooper he said that he had en-
ployed Shaffner in 1894 at his own
request and the solicitation of his
mother. He was to serve as office boy
and was to prepare for preliminary
examination as a law student He dis.
charged him three or four times, re-
employing him again at his mothers
request, until 1896 or 1897, when he
discharged him finally; and year bao
elapsed after his final discharge before
he sold the papers.
Upon cross examination Mr.. Marve
denied that Shaffner solicited cases fol
him. He discharged him because j
was reported that he had forged th'
name of Frank Willing to check.
At the conclusion of Mr.. Marvel:
testimony, the State rested, and ad
journment was taken until 1. 30 O'Clock
George FL. p. s. Shaffner, the frs
witness II for the defence, said all h,
knew about the matter was that tn,
accused told him he was going to sci
some papers for Josiah Marvel.
Shaffner, upon being sworn, said oil
the night of Brands trial the paper
were written in Josiah Marvel's bacl
office. He said they were dictated b,
Judge and Josiah Marvel and he wrot'
them. He said Josiah Marvel told hin
he tried to sell them to the New Yorl
journal and Baltimore Sun. Will
Josiah Marvel was at the Legislature
witness said, he kept him posted b,
mail. Witness said he sold the paper
for Josiah Marvel to Clement II
Congdon.
On cross examination by Mr.. Coope
, witness admitted writing the papers
but said he sold them for Josial
Marvel. He also said that Ralph c
Lupton had read the papers and kney
what they contained.
Mr.. Lupton, whose office is at No
925 Market street, upon being called
I said he never saw the papers or hear
| anything about them until after tn
, matter had been taken up by the Ba
. Association.
. Shaffner conducted the cross exami
, nation. Mr.. Lupton denied knowin
8 anything about the papers and said h
{ never tried to sell them in Virginia.
{ Former Judge Marvel, upon bein
put upon the stand, said Shaffner
+ statement that the papers were pre-
r pared in his presence was absolutel
/ false. He said he knew nothing abou
/ them until some time afterward.
: The case was submitted to the jury
i without argument, upon the charge {
q Chief Justice Lore. The jury retire
q at 2. 10 O'Clock.
g For criminal libel upon Willar
IT Salisbury and John Biggs and fl
o forging and uttering a check, Alfre
IA l.. Shaffner was sentenced in Gener;
d Sessions Court Friday afternoon
be imprisoned for two years and OF
g month, and to ray fine of $500. III
/ jury in the libel case returned I'M
e court about 800 O'Clock, having bee
II out little more than an hour, an
g Foreman George G. Morton announce
j. verdict of guilty. The verdict in IL
% forgery case had been taken earlier
o the week, Shaffuer being recommends
d to the mercy of the court, which resulte
e in the omission of the corporal punisl
n ment.
10 In sentencing Shaffner Chief Justi'
y Lore said the court felt sorry for hin
10 His crime was grave one. The cou
i. knew nothing of the Circumstance
If which tempted him, yet he should
1t punished. He was thereupon sentence
a to one years imprisonment in each
the two libel charges, and to OF
i. months Imprisonment and $500 fine
d the forgery case, making his term O.
h tend to June 10th, 1901.
Or Charles Smith, colored, for larcen
J. was sentenced to receive Is lashes al
l. six months imprisonment.
IS For resisting public officer, Charl
20 Wilson, colored, was sentenced to OF
Ie years Imprisonment.
Or James King, who tainted while Sc
% tence was being pronounced on Thur
10 day, was brought into court and Chi
g. Justice Lore concluded the impositi,
by of the sentence, which is a fine of $50
o. two years imprisonment and the cos
Va of nroseclltiop.