Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-07-18

a. ~f-'Nf $50 biupubbu bNllUlb uAu
been 10 tho cash box OF the safe at
the Office of the Department OF Elections
ever since the election, and, SO far as
no knew, nobody had seen them, rs
nobody had key but him, so far as
George W. Spioer aud William b.
Hoiton, election officers 10 the First
district, identified the disputed ballots,
whereunon Mr.. Browne asked that the
CONTEST be quashed, on the ground that
the statute does not provide for the
admission Of ballots to Council. On
Mr.. kane's motion the ballots we're
admitted by party vote, Z to 8.
Augustus +. Welsh, an election officer
OF the Fourth district identified the
disputed ballots OF that district. lie
said the ballots we're thrown out
because the election officers thought
they were not stamped properly. Those
ballots were also admitted in evidence.
William p. Hai kins, upon bsing
sworn, said, at the request of Clerk
McOloskey Of the Department Of
Elections, he went to the Court House
ON june 4th TO get the paraphernalia
out OF the ballot boxes and found
ballots In 10 or ~ boxes, some from
the Second ward, some from the Third,
some from the Eighth and some from
the Tenth. So far as he knew, the
ballots had not been disturbed, although
he did not know that they had been
especially watched.
Frank A. MoCloskey, clerk Of the
Department of Elections, testified that
among tho ballots he found those of the
Fourth district OF the Second ward in
tact and sent Tor A. +. Welsh, one OF the
election officers, and asked why the
ballots had not been burned, as the law
directs and on Juno 7th, in the
presorce of Dir. Welsh and j. Frank
Pierce, counted the ballots OF the
Fourth district. He found eight ballots,
seven Of which should not have been
voted and ono was questionable. /. lie
Produced tho eight ballots ind said
they had been 10 his possession ever
since and had not been tampered with.
On cross.examination, he said he
counted the Fourth district ballots
because 40 they had not been burned
he feared that the law might not have
been lived up to in some other
particular. He examired the ballots
So obfhV " tho obhpl diDO tbhhs
A, II. Welsh, ono OF The Fourth dis.
trict election officers, said the officers
had an agreement to count all ballots
that had the cross in the square The
ballots had not benn burned, because
Messrs. Stafford and Griffith, the other
officers, did not want them to be burned.
He wanted them burned. He identified
the eight ballots produced by Mr.. Mo
Closkey as having been counted.
William Stafford, the inspector also
identified the ballots and said the
election officers had an agreement to
count all ballots which had the cross
mark in the square. whether there be
one CROSS or more than one.
Mr.. Springer offered the eight ballots
from the box in evidence, but Mr..
Browne Objected, on the ground that
the ballots could not be legally counted
again, as tho law specifically stated
that the ballots should be buried after
being counted on election day.
Mr.. Smith claimed that Council could
accept the ballots, as they bad not beDn
burned and were not dead, but alive.
He moved that the ballots bo accepted.
President Blaine decided tho motion
out Of order, agreeing with Mr.. Browne
and holding that the ballots were not
legally In existence. n
MIR. Smith cited as precedent the
case of Maguigan vs. Griffin. when
Council oustOd James M. Griffin and
Council from the Third ward.
Attorney Browne cited decision
which showed that ballots kept in vio-
lation Of law had no legal existence
Ho also puinted out where the ballet
boxes were lett ia the Court House un-
protected and could have been tempered
with. -
Mr.. Kane appealed from the de-
cision of the chair and President Blaine
called Mr.. Morris to the chair. The
vote being taken, the chairs decision
was sustained, to s, Messrs. Mousley
and Zebley voting with the Republi-
cans, and the eight ballots from the
box were not, therefore, admitted in
evidence.
This closed the case for the contest
ant and Mr.. Springer asked that tho 26
disputed ballots be counted as indicat-
ing the will OF the voter.
MIR. Browne called George W. Spicer,
who had been on the stand, but he had
gone. The bailiif was sent after him
and Mr.. Browne proceeded with other
witnesses,
Albert II. Serson, who was "a clerk at
the Fourth district polls, testified that
II disputed ballots were laid aaide, he
cause "they say they we're deeaced, not
properly stamped, 4" He said he heard
INSPECTOR Stafford say the defaced bal
lots we're to be destroyed. as they were
not q DIN bit OF good" while the
ballots counted we're to be returned.
Upon being shown what purported to
be his signature on the disputed hal
lots, be said he did not think it was his
signature. He could not identity one
Of the ballots He alleged that In
spector Stafford destroyed some ballots.
Some OF the ballots destroyed were
blank ballots, but witness did not know
whether they we're all blanks.
John Griffith, who was one OF the cleo
tion judges in the Fourth district.
identified only 10 OF the II disputed
ballots. 1t was unanimously agreed to
throw out all defaced ballots.
Victor Gael, who represented the Rs
publican party at the count, gave nc
important evidence. What are your
politits?" Baldwin Springer asked.
"Prohibitionist, was the reply.
Mr.. Kane asked him whether he could
ses we'll. lie began to say sumethine
about the nature of the eyes and told
Mr.. Kane IL he would explain he MIR.
ISane) could not understand. Mr.. KANE
considered this an insult and asked this
witness to go outside the rail, which hs
did after saying he meant no insult.
Mr.. Browne called Robert Adair
who saw the last general election count
at the Court House TO prove how the
Judges passed upon disputed ballots, al
q precedent for Council, but objection
was made by Mr. Springer and Mr..