The sun., 1900-11-14
COURT INQUIRIES
INTO MATTER OF
BURNING BALLOTS
Judge Lore Said Election OFF,
GERS Made Themselves
Liable to Indictment.
AN INJUSTICE TO VOTERS
Thomas III. Swan, Republican Judge,
Objected to Ballots Being
Burned. T. f.. Clark De-
clared Elected. New
n ~J6astle Canvass FL
naIly Completed.

Deputy Sheriff Francis S. Bradley.
after hours drive in which he covered
about 40 miles, had OH Monday night
served summons ON the officers of the
Second election district of the Twelfth
Representative district of Red Lion
hundred, and rs result they were in
court yesterday morning This was the
district whore it was alleged an inspector
had put four rejected ballots in his pock-
! 1T to burn.
| Thc returns from the district were
protested by Theodore T.. Clark, Rcpub-
lican nominee and r. Bayard Hcsel
the Democratic nominee for Representa-
tive. The former alleged that two bal
lots were rejected that he should have
received. The latter alleged that forty
improper ballots had bcen counted
! Frank Cleaver, Democratic inspector,
when examined, testified that four bal
lots were rejected. When asked what
became Of those ballots, he said they
were burned. When asked who burned
them he replied Mr.. Swan, myself and
Mr.. Roberts" and added Il don't know
who burned those four. He said that
was his understanding of the law and
of any Of the election officers He stated
that the ballots We're burned in the pub
lie street about ~ feet from the polling
place. He said he dh. not put the four
ballots in his pocket and did not say they
would make n good bonfire.
William G. l.. Carnagy, Democratic
judge. testified that he found nothing ex-
plicit in the law requiring the rejected
hallntS Ia hn I,locn1 in tho bny
Thomas IL. Swan,. Republican Judge
testified that Cleavcr put the four bal
lots in his pocket although he (SwanI
said those four ballots wanted to go
into the box
Cleaver said he would burn them and
Swan offered 10 further objection. ul-
; though he did not agree TO their being
burned.
Swan said two ballots were
straight Republican. one straight Demo
; cratic and one cut democratic. Ii is
understood that the Democratic ballots
were rejected because they were stamp
ed in the wrong place and the Republi-
can ballots bcause they were too family
stamped. William Il. Lester, clerk at
the election said he told the officers that
he would not burn those ballots but
would put them in the box. William r..
Ellison testified that Clcavpr said the
four ballots would make a good fire and
folded them and put them in his pocket.
After this testimony, Chief Justice
Lore called Cleaver, Carnagy and Swan
and told them they had grayely violated
the law. tie declared that it was their
duty when that dispute arose to CON
suit those who knew, and thoroughly
examine the law and place those bal
lots in the ballot box and not TO burn
them. He told them they made them
selves liable to indictment and il is for
the attorney general to look into the
matter and take such steps as in his
Judgment should he taken. He con
cluded by saying: I'VE are sorry you
have taken this step. You have violated
the law and the consequence must be
upon you"
Judge Spruunce told the election Off
GERS that those who had destroyed the
ballots had committed Il grave violation
OF the law which is as clear on that
point as on others. He stated that he
trusted that the prosecuting officer of
this State would take the necessary steps
to bring them to justice to make them
answer for this violation of the law;
and that it was not only an injustice to
the voters in their district but il is an act
which tends to defeat the plain purpose
Of the law in that regard.
John l.. Niclds representing Mr.. Clark
stated to the court that his petition re-
frrred solely to the uncountcd ballots.
The court decided that it would take no
cognizance of ballots not in the box.
Judge Spruancp said this Illustrated
the wrong pelpetratrd hy thu election
officers as the certificate would have to
be made out without reference to those
uncountrd ballots. Judge Lore stated
that the destruction of the ballots re-
moved evidence that might change the
result Of the election.
In the Second district Of the Twelfth
Representative district thirteen Demo
cratic and eight Republican votes were
thrown out, giving the Republicans Il
gain Of five votes. The official vote for
the district is; Theodore f. Clark, Re
publican, go; Il. Bayard Heiscl. Dem.
26O James Richardson, T.. .; Clarll's
plurality 10.
The protests entered by John Bough-
man, Democratic nominee for comp
trolrr to the returns OF the two dis
tricts in Appoquinimink hundred were
withdrawn thus cnsiiring the Repuhli-
cans the representatives there. The otl
cial vote was Richard Iodson, Rep.
292; John II. Staats, Dem, 2S5; James
c. CHM, p, Is: HodeGon's plurality, II.
The figures i'll the fourth Levy Court dis