Evening journal., 1906-11-24
Body Retired al One O'Clock
After Impartial Charge By
Judge BOyCe
RICHARDS FLAYS
PRISONER AND ACT


Abram L. Tyre, who has been on
trial in General Sessions Court since
Wednesday for fraud growing out Of
the 1904 primary election in Brandy
wine hundred, will soon know the
judgment of the jury in the case, the
body having retired at 1 o'clock this
tafternoon after being charged by
Judge Boyce. 1t was a careful and
mastery review of the law as apple
able to the evidence in the case. 1t oc~
cupied between and 30 minutes in
delivery. and was received with mark
ed attention by everyone in the court
room. It was notable for its impair
tiailty toward both sides Of the case.
It is possible that the jury will make
a report to the court this afternoon
All morning was devoted to argument
before the jury by Attorney General
Richards Mr.. Hastings, his deputy, and
j. Frank Ball, for the prisoner. Each
covered his side Of the case in a mas
terly way.
Immediately after court opened this
morning Deputy Attorney-GeneralH Hast
tnes began his argument. referring to the
evidence before the jury and stating that
he would be fair and did not intend to
misquote the testimony given in the case
He referred to the Is votes given TO Elliott
on the tally sheet at the election and the
witnesses who testified TO placing So in the
box as evidence Of the crime of fixing
the count, alleging that the votes were
destroyed by the man who took them
from the box.
The possible defense OF an alibi which
the defense set up was attacked and torn
piecemeal. Continuing Mr.. Hastings de-
nounced the crime committed as worse
than highway robbery. He referred to
Albert f. Matlack as a perjurer, and sub
mitted that the state did not depend upon
him for a conviction.
He referred to the testimony given by
the witnesses for the State and claimed
that Tyre knew a crime had been COM
mltted nve minutes after the polls closed,
and that Tyre had given Matlack $50
as a bribe. who benefited by the fraud
but Tyre, II being to his interest that
the votes in the box should tally with
the sheet. otherwise the count would re-
suit I'm his defeat as a county commits
sioner."
The '1oans" to Matlack and others by
the defendant were scathingiy referred TO-,
and the secreting Of the ballot box by
him and the probable extraction Of the
ballots therefrom were held to be indis-
putable evidence of his guilt The con-
versations with Isaac c. Elliott by the de-
fendant was reverted to as also was the
admission by Tyre that he had the box
in his possession over Sunday.
THESE points indicated that Tyre is the
guilty man. In view of the evidence no
jury in any county could acquit Tyre Of
the charge against him." declared Mr..
Hastings.
The testimony given Dy the women wit
nesses was attacked and alluded to as a
studied effort 70 corroborate perjury
with perjury. This testimony was branded
as impossible. Witnesses who swore the
women were not there told the truth At
this point Mr.. Hastings closed his ar
gument.
Ball Gets In.
Former Judge Bali began mastery
plea in the interest Of the defense. stat
ing that the question was "who commit
ted the crime" He admitted that a
crime had been committed He referred
to the case against Alfred f. Matlack and
the present peculiar action Of the state 5
attorney 10 noiu MN pldineleSS IN InlS
case. The reference made to the wife OF
the defendant by Mr.. Hastings was re-
sented, he having stated that she too
would have perjured herself If the law
had permitted her to testify in her hus-
bands case. Mr.. Ball claimed that the
State had proved that Matlack and not
Tyre, was the guilty man. Matlaclx was
referred to as self-confessed perjurer
and unworthy of belief. and that his pres
ent profession Of truth telling should not
be considered in this case.
The admission made by the Attorney
General that he caused the pardon OF
Matlack was construed as evincing a de-
sire on his part to look for another victim
on the testimony Of a perjurer and hinted
at mysterious influences brought to bear
upon Matlack to cause his conscience to
undergo so remarkable changes
Judge Ball referred to some conflicting