Delaware gazette and state journal., 1902-11-13
ASPRIL WINS IN THE
1 Thirteenth DISTRICT
Court Counts Four Rejected Ballots for
Him and Rejects 0na Counted
for ShallCrOSs.
BALLOTS WITHOUT JUNIOR"
WERE HELD TO Be VALID
Rejected ShalIcross Ballot Had
a Smear Mark.
NO CHANGE IN FIFTEENTH DISTRICT

On the resumption of the canvass of
- the New Castle county vote, Satur-
day, the contest in the First Election
district of the Thirteenth Representa-
| tive district, was taken up, both sides
I contesting the election for Representa-
4 tive. James I. Shallcross, Democrat,
4 won in the district by four votes, on
! the face of the returns.
Robert II. Richards, representing L.
V. Asprii, Jr., the Republican osndi-
date, alleged that ballot containing
the name of Robert Carpenter, written
In an improper manner had been
counted, when it should have been re-
iected. Mr. Richards also said that he
had been informed by one of the cleo
tion officers that the ballot had been
counted, but afterwards had been placed
among the rejected ballots. The re-
Jected ballots were examined, but the
marked ballot was not among them.
{ When the ballots in the box we're
examined the marked ballot was thrown
out. This reduced Shalloross' vote ono.
In the Second Election district the
\ Republicans alleged that there were
three rejected ballots that should have
been counted. The Democrats made the
same claim. The rejected ballots we're
examined and two ballots were counted,
which went to the credit of Aspril, Re-
publican, leaving Shallcoss but one
majority.
In the Third Election district, the
SRepgbNcans claimed the four ballots
/. Lfshorld have been counted, but were re-
jeoted. The box was opened and the
rejected ballots examined. There we're
found to be IA rejected in that district
-Four of these ballots were found
marked 'Leonard V. Asprill," when
the candidates name is Leonard v.
EAspril, Jr.''
This matter was argued by the at
ftorneya Prior to the argument one
elected ballot was counted for Aspril,
which made the vote tie.
II In the argument Walter II. Hayes
nrgued for the acceptance Of the ballots
on the ground that the intent Of the
voter should be taken into considera
= tion. He cited cases where there had
been mistakes made in names before
and that the votes had been counted.
John Biggs oontendsd that in the
VII pames q. Shaw case, in 1896, where
if'Sr." was left off his name on part
\ of the ballots, they had to be counted
FOR 'Shaw, Sr.," but in the case OF
I'M Shaw. Jr., it was necessary for the
lN junior" to appear on the ballot, in
prder that it should be counted.
Mr.. Biggs cited some legal authori-
IN ties on the question. One of these cases
cited was town election in which
"A > junior" appeared when it should have
- been senior, - and in which case the
ballots were thrown out.
Mr.. Biggs contended that in voting
flor Leonard v. Aspril the voter made
"a marked ballot and that Leonard v.
Aspril was not candidate. He further
lcontended that in the absence oi
.iunior" the law understood that
"senior" was intended.
j. Frank Ball said that the ballot
law was intended to stop bribery and
that in his opin ion the voter in voting
for Leonard v. Aspril" voted .
marked ballot.
Chief Justice Lore said that he hao
considered the matter and that there
were two matters to be decided.
There is the question of the intent o.
the voter. 1 am not willing to throw
I tout the vote," said the Chief Justice,
4 lf.presuming that the voter contem
!, plated crime. We think that these
two votes should be counted. These
\ two marked Leonard v. Aspril' anc
f the one marked with Houck for sheriff
n should be counted for AspriL.''
y This gave Aspril two majority ovei
I Shallcross, with contest in the Fourth
district. w. IF. kurtz, representing tn,
( democrats, claimed that there were II
I ballots rejected that should have beer
\ counted for Shallcross. Examining
! the rejected ballots the court held vi
two and it looked as il thsre would bl
a tie in the Thirteenth district, bu
it was discovered that one of the ballot
had black smear on the back of it
The court threw it out, giving but one
to Shallcross, leaving Aspril one ma
ljority.
AsPRIL ELECTED.
The recount in the Thirteenth dis
trict resulted in the following total
giving the election to Aspril: