Evening journal., 1905-10-20

Albert F. Matlack and James Watson
guilty and John NJ. Donohoe not guilty
was the verdict of Chief eastiN Lore
and Associate Judges Boyce and PEN
lnewill in the election cases in the
Court Of General Sessions at 11.3O
O'Clock this morning. Donohoe was
at once discharged and Matlack and
A Watson were each sentenced to pay
+ $500 fine and serve one years impris-
5onment I'm the workhouse
The three men were election officerV
at the primary election in the She'll
. POT district of Brandywine hundred on
September "a, 1904, and were charged
with fraudulently reading the ballots
least at that primary. The returns
showed but IS votes for Isaac c. FL
liott for Levy Court Commissioner.
Whereas 64 witnesses testified that they
voted for him.
The case has attracted a great deal
7of attention and was started on Tues
May last. The defendants were repre-
sented oy David J. Renhardt and
8Valter II. Hayes and Attorney General
richards and Deputy Attorney Gener-
II Hastings prosecuted the case. The
rial was held without the Intervention
lf a jury as provided by the state
Constitution in such cases and was the
irst to be tried in that manner in New
castle county.
BOTH SIDES CLOSE.
Both sides closed shortly after 10
'clock this morning. Deputy Attorney
General Hastings argued for nearly an
our for the State. but no argument
vas made by counsel for the defend
nts
The judges retired to private cham
|ers at lilo O'clock and returned with
he verdict twenty minutes later.
In announcing the verdict, Chief
Justice Lore stated that the court had
stened with the utmost attention to
ne testimony as given from the stand
nd had carefully considered il while
progress and also at the conclusion
each day. He said:
VERDICT ANNOUNCED.
I'VE find Albert f. Matlack and
ames Watson guilty and John NJ
bonohoe not guilty"
On motion of Mr.. Hayes Donohoe
as discharged at once and he thank
ID the court.
Counsel for the defendants held a
hort conference with the court and
hen retired to the law library with
fatlack and Donhoe. When the two
nen returned Chief Justice Lore pro-
ounced sentence. The two men stood
well.
Mr.. Hayes asked the court II II
yould return after dinner, explaining
e hat in all probability the two men
rould appeal to the Supreme Court of
ne State.
Chief Justice Lore said the court
rould be back at 1.sO o'clock aud Mat
tck and Donohoe were left in the court
pom in the custody of the sheriff until
nat time. II an appeal is taken the
zen can be admitted on bail until the
ase comes before the Supreme Court
The ballot box and other exhibits
ere placed in the care Of the Attorney
eneraL
Counsel for the two men advised
1em to give out no interviews.
WILL NOT APPEAL CASE.
IS During the noon recess it was an
ounced that counsel for the defend
nts would not appeal the case 20 the
tate Supreme Court. Consequently
hen the court reconvened at 1.S0 p. m.
y step to this effect was taken.
Watson and MatlacS will, II is stated,
taken to the workhouse this after
BON.
j H Captain Edmund Mitchell, Jr., vice.
4 yresident of the Wilmington Gas and
! " lectric Company. was the first witness
)-day and he testified to the good
W sputation of Albert f. Matlacx. The
purt announced that it would like "a
ave the case concluded today as il
ad other matters TO dispose of.
James ]. Fox testified to the good
|z;S. .1aracter of John NJ. Donohoe. after
hich Mr.. Hayes announced that the
efense closed. James Watson, one OF
S ie defendants was not put on the
< and.
In rebuttal Attorney General Rich
IDS recalled Alexander Newkirk and
sked him If he remembered Mr.. Mat
ck leaving the polling place severa
mes during the afternoon. Witness
d not recall him leaving the polling
81 ace. but thought it more than likely
~ e was in plain view Of the ballot box
# e entire afternoon. Mr.. Richards ther
lnounced that the State rested
2f ARGUMENT BEFORE JURY.
n NJ. Hayes announced that he was