Evening journal., 1905-03-07
FILED IN
ELECTION CASE
Officers Charged With Max
ing False Returns Will be
Tried Before Judges
ATTORNEY GENERAL MAKES A MOVE

ATTORNEY GENERAL MAKES A move
Information was Ned yesterday by At
torney- General Robert Il. Richards In the
case against tho shellpot district cleo
tion officers. namely, Albert n. Matlack,
John M. Donohue and James Watson.
who are charged with making false re-
turns at the Republican primary cleo
ton held in that district last September
The case will be tried by the court and
not by a jury. II was taken before the
grand Jury at the November term, but IL
was found ia at that was not the proper
method Of procedure under the present
constitution. The present plan OF proce-
dure viii bring the case before the court
ana the men will be tried sometime dur
ing the present week The papers filed
by Attorney-General Richards yesterday
are as follows:
New Castle county. IS:
Robert H. Richards. attorney-general
Of the State OF Delaware. now here in
the Court of General Sessions of the
State of Delaware. now sitting in and
for the county aforesaid. information
makes. that Albert +. Matlack, late of
Brandywine hundred. county and State
aforesaid. John NJ. Donohoe, late Of the
hundred, county and State aforesaid, and
James Watson late Of the hundred. coun-
ty and State aforesaid. were each on the
twonty-first day of December. IN tho
year OF our Lord 1904 examined and
severally held to bail by George II. Hol-
lis, Esq, Justice of the peace for said
state in and for the county aforesaid I'm
the sum Of $500 for the appearance of the
said Albert j.. Matlack, John NJ. Dono-
hoe. and James Watson. respectively. at
thep resent session OF the said Court of
General Sessions being now and here
holden In and for said county. to answer
to the charge that they. the said Albert
f. Matlack, John M. Donohoe and James
Watson. at Brandywine hundred, IN the
county of New Castle I'm the state of
Delaware, on, the twenty-fourth day OF
September, in the year Of our Lord. 1904.
he, the said Albert +. Matlack. then and
there being an officer, to wit, presiding
officer and they, the said John NJ. Dom
oboe and James Watson then and there
being officers. to wit, judges, at a certain
primary election OF the Republican party,
then and there held under the provisions
OF chapter 1913, volume 9. Laws Of Della
ware in the hundred aforesaid, in the
Third election district Of the Sixth Rep-
resentative district Of the county and
State aforesaid, did then and there
knowingly and wilfully violate their Of
fetal duties in that they did not then
and there cause a true statement Of the
ballots then and there taken at said
primary election, 10 be made according
to the best Of their knowledge and abi-
ty, IN that they read and caused to be
read certain ballots, then and thoro cast
at the said primary election for Isaac @.
Elliott as Levy Court Commissioner for
the Third Levy Court district in said
county Of New Castle in favor of a can
didate or candidates for said office other
than the said Isaac c. Elliott.
And the said Robert II. Richards, at
| torney-general. as aforesaid, further in
/ formation makes that the said Albert T..
Matlack late OF Brandywine hundred
in the county OF New Castle and State
aforesaid, John NJ. Donohoe, late of the
hunlred. county and\State aforesaid. and
James Watson. late of the hundred,
county and State aforesaid. on the TWEEN
ty-fourth day OF September. in the year
of our Lord. 1904. with force and arms,
at the hundred aforesaid I'm the county
aforesaid then and there being officers OF
an election TO wit, he, the said Albert +.
/ Matlack, then and there being the presid-
ing officer. commonly known as the in
speetor and they, the said John NJ Don
oboe and James Watson. then and there
/ 4 a1f
tion OF the Republican party then and
there held under the provisions Of chap
/ ter SaS, volume 20. Laws OF Delaware, in
the hundred aforesaid, I'm the Third elec-
} tion district OF the Sixth Representative
district Of the county and state afore-
said, did then and there, unlawfully
knowingly and wllfully violate their Off
cial duties in that they did not then and
there cause the ballots that had been
then and there taken at said primary elec-
tion to be fully read and ascertained, and
did not then and there cause true
statement of the ballots then and there
taken at said primary election to be
made according 10 the best OF their
knowledge and ability, in that they read
and caused TO be read certain ballots "a
the number Of seventy-hve. then and
there cast at the said primary election
for Isaac c. Elliott for the Office Of Levy
Court Commissioner for the Third Levy
Court district in the said county Of New
Castle in favor Of and as If cast for a
candidate or candidates for said Office
other than the said Isaac c. Elliott;
And the said attorney-general further
says that they. the said Albert L. Mat
lack, John NJ. Donohoe and James Wat
son. being then ana there officers OF cleo
tlon, as aforesaid. did. then and there
and thereby, knowingly and wilfully,
respectively. violate their Official duty
contrary TO the provisions Of the Consti.
tuition Of the State Of Delaware, in suef
case made and provided and against tbs
peace and dignity OF the State.
Robert H. Richards,
Attorney-General.