Evening journal., 1905-10-20
SON AND MATLACE
GUILTY, D0NOHOE IS
DECLARED NOT GUILTY
CONTINUED from First Page.)

For over an hour yesterday afternoon
the court heard argument on a motion
made by counsel for the defendants TO
have them dismissed. The court was
unanimous in refusing the motion and
the examination of the defendants wit
nesses was then started. The first wit
ness called by the defense was Francis
A. Price, an engineer who had pre-
pared a plot of the school house where
the primary election was held in the
Shellpot district on September "a, 1904.
Mr.. Price gave the measurements of
the teachers desk where the count was
conducted and the window where the
ballot box was when the voting was
going on.
MATLACK ON THE STAND.
A. F. Matlack. one of the defendants,
was the next witness and he was eX-
lamiued by Mr.. Hayes. He said he was
born at Kimbelville. Pa. and is "A
years old. Most of his life he lived in
Wilmington, but has been at Edge
moor for twelve years. He is employed
at the Edgemoor Light House Buoy
Depot and some times has charge of
the governments supply store there.
Witness said for eight years he was
Guard Of Delaware and for two years
was on Governor Hunn's STAFF. He was
lin the militia during the Spanish
American War.
Mr. Matlaak stated that the officers
who conducted the primary election in
Shellpot district were Donahoe. New
kirk and himself. He did not know
who the judges were to be until he went
to the polls between 1 and 1.3O o'clock.
Witness said the first time he saw
the ballot box was the evening Of the
day it was left there by Sheriff Std
lham. When he went home to supper ii
was on a chair in the dining room.
on the day previous to the primary
There was no one home at his house
land the ballot box was on the floor
under an open window. There was not
leven a screen in the window.
Mr.. Matlack said he did not know
why the clerks were not in the room
iduring the afternoon of the election
He went out of the room several times
during the afternoon, but never went
over thirty yards away. AS each ballot
was given to him the witness said he
placed them in the box The first
thing he did after the polls closed was
to take the little ballot box and put
it on the teachers desk After the
count was finished he locked the shut
ters and put out the lights He was
the last one to leave the room.
The witness was questioned az to the
lreading Of the ballots. He stated thai
as he took a ballot from the box he
held it up to the light while readina
it, Watson he said had nothing to dc
with the handling of the ballots and
i'm fact he did nothing I'm the room al
day or in the evening except to sigr
the certificates.
Mr.. Matlack said that he read the
ballots as they appeared on their face
When the court was concluded thl
certificates were made out and signed
, and the box sealed by Mr. Donahoe
There were three lights in the room
The ballot box was opened after it wat
first scaled because some one though
they had forgot to sign. The box III
: thought was resealed by Mr. Donahoe
II was between and $3.50 o'clock wheI
, he left the school room that night anc
p went to his home. He later came t.
p Wilmington to deliver the certificate e
, the County Committee. The ballot box