Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-11-15
Republicans Have Close to 5000 Plu-
raIity on Presidential Electors.
WIN ALL LEGISLATIVE CONTESTS
The Senate Will Stand Nine
~ to Eight.
HOUSE WILL Be TWENTY TO FIFTEEN

delivered to them by the Superior
Court at Tuesdays session. This
district is part of Red Lion hundred
and its returns were protested by both
4. Bayald Heisel, the Democratic
nominee, and Theodore F. Clark, the
Republican nominee or Representative,
the former alleging that 40 improper
ballots had been counted for the Re-
publicans and the latter alleging that
two ballots were rejected that he
should have received. As shown Mon
day, the recount of the First election
district gave Clark lead of tive.
In the Second district four ballots
had been rejected by the election Off
cers, ard the court summoned them to
appear Tuesday morning.
Frank Cleaver, Democratic inspector,
was examined by Chief Justice Lore
and Judge Spruance. He testified that
four ballots we're rejected.
"Wbat became Of these ballots?"
: asked the chief Justice.
tThey were burned.''
''Who burned then?"
"Mr. Swan, myself and Mr.. Roberts.
I don't know who burned those four"
"Why did you burn thsm?"
THAT was my understanding Of the
law"
"was thers any dissent on the part
of any of the election otlioerse"
no"
"How did you get that view of the
lawp Did you examine the law?"
II did to the best of my ability"
Where were they burned?" asked
Judge Spruanoa.
"In the public street, about 90 feet
from the polling place
"Did you put these four ballots in
your pocket?"
did not. !"
Ibid you say to Swan that you in.
tended to burn tbem?"
Not In those words.' ......
Did you say t. him that they would
make good bonfire?''
did not. /"
Didn't you know that it was your
duty and the law required you to put
those ballots in the box SO that when
brought up here the court could see
whether you had rejected them right"i
My understanding Of the law was
that We were the judges of the ballots
and that only those that went into the
box were to be sralsd.''
William G. L. Carnagy, Democratic
judge, testified that he found nothing
explicit In the law requiring the re-
jected ballots to be placed in the box.
Thomas II. Swan, Republican judge,
testified that Claaver put the four bal
lots 10 his pocket, although he (Swan)
said ''those four wanted to go into the
box meaning they ought to 20 into
the box. Cleaver said he would burn
them and Swan offered no further OBJ
i lection, although no did not agree tc
their being burned.
Asked what the four ballots were he
said two we're straight Republican,
i one straight Democratic, and one cut
Demool attic. Ii is understood that the
Democratic ballots were rejected be-
NJ cause they were STAMPED in the wrong
" place and the Republican ballots be
a cause they were too family stamped.
William b. Lester, clerk at the
4 election, said he told the officers thai
A he would not burn those ballots but
would put them in the box.
n William Y. Ellison testified tha
~ Cleaver said the four ballots woulc
make good fiie and folded them anc
y put them in his pocket
n ELECTION OFFICERS SCORED.
~ After hearing the statements, th,
81 court called CLEVER, Carnagy ant
Swan and Chief Justice Lore said:
IN "Gentlemen, we have beard the evi
@ dence in this case. You have gravel,
violated the law. You claim that yoi
III have violated it through ignorance
upon that we are not tc pass.
& But we do say to you ann We say ii
s all election officers through you, i
M was your duty when that dispute aros
q to consult thpse who know. 1t wa
& your duty to examine carefully an,
M thoroughly the law and to place thos
~ tallots in that box and not to burr
& them.
sT "The court do reprehend your con
I'M duct and emphatioally say that we d,
III not approve Of it.
81 "fou have made yourselves liable t
n Indictment, and it is for the attorney
a general to look into the matter and TAX
such steEs as in his judgment shoul,
II be taken.
4 ''We are sorry you have taken thi
step. You have violated the law an
the consequences must be upon you.'
Judge Spruanee told the elactio
officers that those who had destroye
the ballots had committed gray
Il violation of the law, which ia as clea
on that point as on others. They ha
destroyed the evidence upon which th
IN court would have been able to judg
IL whether they were properly or i'm
N properly rejected. 1t is required tina
\ the rejected ballots be placed in tn
box in order that they can be passe
upon by a higher tribunal.
II trust.'' continued the Judge
"that the prosecuting officer of thi
State may take the necessary steps t
bring you to Justice to make 20
answer for this violation of the law
1t is not only an injustice to the voter
in your district, but it is an act whic
\ tends to defeat the plain purpose of th
law in that regard.''
John p. Nields, representing Nj
Clark, reminded the court that hi
N petition referred solely to the VI
n counted ballots. The court decide
AZ that it could take no cognizance
~ ballots not in the box.
Judge Spruanoe said this illustrate
the wrong perpetl ated by the electio
officers. as the certificate would ha,
to be made out without reference
those unoounted ballots.
Judge Lore remarked that the d,
M struction Of the ballots removes ev
KN denoe that might change the result
M the election.
CLARK DEFEATS HEIsEL.
M9fTha Sscnnl Iictvs.A "a khn ua1 "a