Evening journal., 1905-10-17
Demurrers Were Over
ruled and Then the
Three Defendants Were
Arraigned Many Wit
nesses Called by the
State

Watson ana John DOnOhOc, the election
officers who are charged with fraudulent
ly reading the votes cast at the Republic
can primary in Shsllpot district Of Bran
dywne hundred in September, 1904, we're
placed on trial in the Court Of General
Sessions this morning. The trial is be-
fore Chief Justice Lore and Associate
Judges Pennewill and Boyce without the
Intervention of a jury.
Argument was heard all day yesterday
on the general demurrers filed by David
j. Reinhardt mad Walter r. Hayes, coun-
sci for the accused, to the information
filed by Attorney-General Richards
against the three men.
When court was opened this morning
Chief Justice Lore announced that the
court had carefully considered the de-
Inurrer and said: I'VE are entirely In ac-
cord that the demurrer should be over
ruled and therefore we do overrule it,"
Copncn for the defendants noted an ex-
ception to the courts ruling
TRIAL FORMALLY BEGINS.
Attorney-General Richards announced
that the State was ready to proceed with
the case. The three defendants took seats
close to their counsel After the states
witnesses. about 20 in number had been
called. Attorney-General Richards made
n short statement to the court as to
what the tsate expects TO prove before
any witnesses We're called.
Mr. Richards said, that the State ex-
meets TO prove that on September "a, 1904,
in the Third election district Of the Sixth
Representative district OF New Castle
county a primary election Of the Repubf-
can party was held The officers Of the
election were kibert T. Matlack in
spector: James Watson and John Dono-
hoe. judges. Courtland Rice and Alexan-
der Newkirk clerks. I'VE will further
proce." he continued, that the defend
ants had actual knowledge Of the duty
which they violated. As result Of the
election a return was made that Isaac c.
Elliott. a candidate for Levy Court Com
missioner from the Third Levy Court
district had received IS votes and that
number was the exact number read out
by Albert F. Matlack."
FIFTY VOTERS TO TESTIFY.
Mr. Richards further stated that the
state also expects to prove that in the
neighborhood Of 70 electors in that dis
trict cast ballots for Isaac C. Elliott and
that about 80 OF those electors viii swear
4 that the actual ballots they voted were
4 placed in the ballot box.
He said the prosecution would prove
that the box remained in the window un-
I'll the polls closed and after that it was
removed by the inspector 10 a desk. The
method of counting the ballots, he said
was that the ballot box was opened by
A.. IIl.ft
and read them aloud.
Standing close to the inspector and look
ing over his shoulder while the ballots
were being read was Mr. Watson and
short distance away was Donohoe. Aftei
reading the ballots Matlack handed then
TO Donohoe who looked at them and ther
put them in the box. After finishing read
q ing the votes the certificates were mad,
out from the tally sheets kept by tn,
clerks.
THE FIRST WITNESS.
"a Deputy Clerk Of the Peace George Janviei
was the first witness called but before h,
testified Mr.. Hayes of counsel for tn
election officers said they would object I,
the admissability of any evidence in thi
case under this information. The objec
tion was overruled and counsel FOR the de
fense noted an exception.
Mr. Janvier testified that three certain
bail bonds given by the defendants wer'
sn his custody They were not offered il
evidence at this time.
Magistrate George II. Hollis was calle,
and stated that the bail bonds were signe,
before him in his Office. Mr.. Hayes oh
jected on the ground that 1t should b.
proved by an attesting witness. Mr.. Rich
ards said there was no attesting witnes
and the bail bonds we're admitted in evi
dence.
Mr.. Hollis also produced his crimina
docket containing the records of the cas-
which the Encouragement offered in evi
dence Counsel for the defendants object
ed on the ground that the record showed
a hearing was waived instead of beinl
hold. The court overruled the objection
and admitted the docket in evidence.
EX-sHERIFF sTIDHAAd CALLED.
1 Emmit f. Stidham, who was sheriff &
# 1904. testified that the ballot box for tn
s. Third election district Of the Sixth Repre-
sentative district was returned TO him b.
Abram L. Tyre. on the Monday mornin
following the primary. Since that tim
the box. he said has been in the vault a
the Equitable Guarantee and Trust Com
81 pary When returned to him he stated tn
Z box was sealed. but it was broken sub
sequently before the Republican count
committee
He also said that the seal was broker
IS by the attorney-gcneral in the vault a
M the bank in his presence.
& Mr.. Stidham was cross-examined as I
the box being opened before the count
committee. He said there were a larg
number Of persons in the room but h
| was positive that everything taken fror
the box was put back
Register in Chancery Joseph c. Joll.
who was secretary of the Republica
<{z County Committee. and who was presen
when the box was brought before IN
committee was next called.
RECOUNT SHOWED FIFTEEN VOTES
Mr.. Jolls was also positive that every
Z thing taken from the ballot box was re
placed. The recount he said, showed !