Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-02-07

The COMMITTEES appointed by the State
Senate TO ascertain tine facts in Howard ID,
Ross contest for tile seat Of Senator Francis
j. McNulty held a meeting Thursday at
the Office Of J. Harvey Whiteman counsel
for Senator McNulty in the Ford suil5ine,
and after hearing witnesses until about IL. 10
O'Clock tooS a recess until O'Clock Friday
evening.
Senator MeNulty and Mr.. Ross, the con-
testHnt, were both present, with their couu- |
sci, MIR. Whiteinan repre.en ting Senator
McNuty and William s. Hilles, Walter II.
Hayes and David j. Reinhardt looking
after the interests Of Mr.. Ross. Senator
Kncx the chairman, presided.
At the opening Mr.. Hilles said there were
1853 affidayits of lnen qualified to vote In the
Third district of the city who averred that |
they would have voted for Howard d. Ross,
but were prevented from voting at all. He
read one of the affidavits which was that of
Daniel Sheldon. Mr.. Hilles asked permits
sion to place the affidavits in evidence and
asked that the other side place in evidence |
any affldavits they might have.
Mr.. Wbiteman objected. He thought 1t |
would not be Just TO count votes which had |
never been cast, especially Mt this late day. |
He thought the laws would not warrant such |
procedure and it would be establishing |
bad precedent. The electors who were pre- |
vented from voting on November 9Th had |
their remedy at that time and If they did |
not take advantage of their opportunity at |
that time they nre estopped at this Int day |
from appealing. If they were prevented
from voting by any delay on the part of the
election officers they had the right to organ
ize among themselves an election board aud
proceed with the election, but this was not
done and now, almost three months after the
election they cannot claim the right to
vote. Mr.. Whiteman read section of the
election law to bear out this assertion. The
section to which he referred was enacted
May 18th, 1891. Il is the well known stand
OUT method of filliug vancHncy In any
election board, which hes been in vogue
for many years.
Continuing, Mr.. whiteman said the elect
ors had at that time several well-known Re-
publican members of the bar with them
who should have advised them.
Mr.. Whiteman protested against the
method of procedure proposed by counsel
on the other side.
Walter a. Hayes of counsel for Mr.. Ross.
said he understood that MIR. Whiteman WIS
not especially opposed to afidavits, but to
the receiving of evidence Of any kind. Mr.
Hayes claimed that the operation of the
Constitution OF 1897 made the law to which
Mr.. Wbiteman referred of no effect and
therefore there were ample grounds for re-
ceiying evidence in the case and further that
the registration law prohibits the accept
ing Of the ballot of airy person whose name
Ia not on the books. It would, therefore,
have been necessary to have the parapher-
MALTA to hold the election, and therefore 1t
organize 40 election board and hold the
election. He insisted that the evidence be
admitted.
Mr.. whiteman said il the opposing coun-
rel wanted to refer to the Constitution that
was as far as they could go.as the Constitu-
ton expressly provides that all elections
shall be,by ballot. and does not provide for
an election by affidavit three months after
election day. referring to Mr.. Hayes allu-
sion TO the paraphernalia being in possess
sion of the election officers, he read the law
to show that it would have been the duty
OF the clerk of the peace, II he had been APP
piled to, to furnish the paraphernalia. II
printed ballots could not be procured they
could have been written.
Chairman Knox said the committee would
receive the affidnyits as affidavits. and the
committee would decide later what value
they should have.
offer the affidavits as ballots, but merely as
evidence as il would not be convenient to
bring 163 men before the committee to
make affidavit
By consent Of all members OF the commit
tee, the atfidayits were admitted as evil
dence. and counsel for MIR. Ross was per-
fectly satisfied, according to Mr.. Rilles'
statement, that Mr.. Whiteman should have
the fullest access to them.
Mr.. Whiteman read atfidavts from a
number of people to the effect that by
reason of violence caused by colored and
white Republicans the election was delayed
and they. were prevented from voting,
whereas If they had voted they would have
cast their ballots for Mr.. McNuty. George
w. ,Sipple, who lived there at the time ard
now lives in Maryland, was one of those
who made affidavit to that effect, but, I'M
fortunately deponent's signature had been
left of the paper. There was some ques-
tion about admitting the paper, and it was
finally decided to withhold the paper for
the signature.
Mr.. Ross, the contestant upon being
raid L.. 1.~ga L. n.
cember and had lived In the State about %
years and had lived in the Senatorial dis
trict about six years. He was a qualified
voter and was duly nominated by the Re.
publican party.
Daniel Ross, father of the contestant, was
sworn and testified that his son was born
December 28th, 1872, as was shown by q
diary which he kept at the time.
Clerk of the Peace Winfield s. Quigley
produced the registration books for the dis.
tIict and they were put in evidence.
Policeman Robert Sersun, who appeared
before the committee in uniform, testified
that he wns on duty in the Third election
district on election day. He was about &C
yards from the polls at 8 O'Clock in the
morning. There were from so to 70 colored
people there at the time waiting to vote. Al
about $50 O'Clock Election Officers Dugan
and Biggans arrived and went away again
to the Liberty enginehouse. The other Off
GERS were Messrs Jones. Virden and Hennis
He alleged that the polls did not open unit
about 1926 O'Clock, when Dugau and
Biggans returned and the polls opened abou,
1890 O'Clock. On the return of BigRans
and Dugan men began to crowd around the
polls and there was trouble. He saw Duqar
coming out of the polling place over the
heads of the people. That was about 2,
minutes before 10 O'Clock. The polls had
not opened. The polls did not open unit
about 2.30. There was not further trouble
In the morning there was only one line Of
men waiting to vote. He asserted thai
Elections Commissioner Chaytor arrived
about O'Clock. in the afternoon and sale
unless two lines were formed not mar
would vote, whereupon two lines were
formed, one OF white and the other Of
coored men and they were voted two white
men to one, colored man. There was nc
disturbance after the voting began. In tht
afternoon Mr.. Dugan became sick and this
election was again delayed until mar
named Curran was substituted. He sale
there were about 10 people around the poll,
whep the window closed. not having voted
Upon being cross-examined by Mr.
Whiteman, he could tell very little of wha
tooklplace inside of the room. He said Their,
was trouble on one of the registration days
he having had trouble with John p. Welsh
On election day the polls closed at O'Clock
He did not count the number of people left
but heard somebody say there were NOR,
than 20 people.
Jacob Fl. Lewis of No. 407 East FOURTH
street, a foreman for the Diamond Stat,
Steel Co.. was at the Third district polls or
election day, arriving about S.d5 O'Clock
Then there we're many men waiting to vote
He saw Election Officer Dugan going II
-g..4 IL a. (