Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-08-30
ONE ADDED TO REGISTRATION.

u - d
Judge spruance Decides That Henry q.
Swaync Did Not Forfeit Ills Residence.
Henry Gnwthrop Swayne was an ap.
pellsnt before Resident Associate Judge
William q. Spruanee OF the Court
House Tuesday from action of Regis
trar Thomas j. Dalton uf tho Fourth
Election district Of the Seventh Rerre-
sentative district. Mr.. Dalton had re-,
fused to register Mr.. Swayne on the
ground Of non. residence The appellant
was represented by Harry p. Joslyn,
and the registrar by T. Buy ard Heisel.
The point involved was whether MIR.
Swayne left Christiana hundred and
the State with the intention OF remain
ing away 1t was held by Mr. Heisel
that he had iRven up his residence j.
Harvey Whiteman testified that he had
given up the keys Of his Inv Office aud
turned over his business to him. Pro-
| thonotary Victor B. Woolley said that
Mr.. Swayns secured from him 0 certiti-
cate Of bis membership at the lar of
this county, for use to secure admis-
sion elsewhere.
Peter T. Cooper, Jr., testified shat
Mr.. Swayne said he was going to
practice law and to seek judgeship in
| Cuba.
| Mr.. Swaype testified that he was
married in Novem Der, 1899, aud the
same month, on the advice OF physi-
| clans, ON account of an injury to one OF
his lungs IN an athletic contest, went
to Cuba hoping to be benefited by its
warmer climate. lie was. advised to
remain there two winters, returning to
tho States when warm weather came
Oh. In Cuba. he had yellow fever and
1T cured the lung trouble. His vile
ALSO had the fever.
When he wspt to Cuba, it was pri-
mRrilY to take tho wedding triF, that
direction being adopted fol his hesItb,
AID his idea was to return II his health
permitted, or ii nothing occurred to
keep him there, such as occurring q
position. He ~ a non of Federal Judge
Charles Swayne and has residtd since
1890 or 1891 OF Guyencourt, in tho dis
triot where he desired 10 register, and
has voted theirs.
Willard +. Day end Abner Wilson
testified to bis having resided ct Guy
enouurt
Judge Spruance. after reviewing the
Testimony, directed that MIR. SUayne
be registered,
Judge Spruancs did not pass upon the
question OF whether Mr.. Sway ne could
vote OF tho primaries, but said his
registration would be dated Tuesday,
although be applied August 18th.
Under the law, only those registered on
the first three registration days can
vote at the primaries.
TBIs APPLICANT TURNED DOWN.
James A. Smith, coIored, was the next
!. applicant to be placed On the list for
the Fourth Election district of the
Seventh Representative district. Regis
. trar Dalton testified that he refused to
: register Smith because Smith said he
: lived in Christine, which Ia not in
: that district. William Armur. assistant
registrar, heard Smith say be lived at
J Christine.
William II. Lucas, who lires in Che
! Fourth district, testified that Smith
! worked for him by the month.
Smith himself said that when he
answered the registrar he meant that
Christine was bis homo because BIO vas
! born there. He was also married there
hut does not live with his wife.
Q How many wives have you got?o
. asked the judge.
., ~ l have e. only got one' am sorry
Judge Spruance said that IL be had
! been the registrar he would have re-
fused to register Smith, and he de-
olined tho motion to have his name
added to tho list.
IL appearing that Mr.. Dalton had
e made no entry on his book Of Smiths
application, the Judge said the law re.
quired that entries be made even II O
I man is refused registration. He, there.
o fore, had the registrar make the proper
entries. ~
o There being no further appeals, J Judge
d Spruance adjourned the appeal court
J until October I'D.