Evening journal., 1907-06-05
MRS. TYRE ON
THESTANDFO
HER HUSBAND
She Becomes a Witness Under
a Law Enacted By the
Last Legislature
BARRED AT ORIGINAL TRIAL

Although barred by law from testifying
in the original trial, Mrs. May L. Tyre
to-day an General Sessions Court went
on the witness stand in behalf Of her
husband, Abram L. Tyre. who Is on trial
Tor alleged fraud at the Republican pr
mary election on September "A, 1904 in
Brandywine hundred. When Mr.. Ball,
counsel for her husband, called Mrs. Tyre
tOt the stand. the State raised the question
as to Mrs. Tyres right to testify IN be-
half Of her husband.
1t had been generally understood that
an act of the recent Legislature permit
ted a wife to testify for a husband in
both criminal and civil actions in any
curt Of the State. but as "A certified copy
Of the act has not been received by the
court Mr.. Richards thought it well for
the State to be officially informed IN the
matter before allowing Mrs. Tyre TO tes-
tifx.
leephonic communication with the Of
hce Of the Secretary Of State, at Dover.
removed all doubt as to the existence Of
the new act and the trial was proceeded
with.
Mrs. Tyre swore that when her hus-
band came home on the evening OK Sep
tember "a, 1904. Matlack was not with him.
as Matlack swore yesterday but ne did
come to the house later that night. No
ballot box that she saw. was brought to.
#. the house by either her husband or Mat
lack.
She admitted that on Monday morning
following the election her husband told
her that he was going to take a ballot
box TO town" for Matlack. Mrs. Tyre
denied seeing any ballots in the house
on the Sunday following the nomination
and emphatically denied helping her hus-
band FIX" the ballots as Matlack swore
Tyre said she had done.
Tyre Makes General Denial.
Then Tyre, the defendant was called
10 the stand. He denied the truth OF all
the testimony given by Matlack concern
ing their conversation on the day Of the
election relative to Matlack helping Tyre
win the Levy Court nomination. He de-
MED making statements at any time about
fixing" ballots and Of seeing the ballot
box after Matlack took it home on Sat
urday night until Matlack gave it to the
witness on Monday morning. Concerning
the gift Of money to Matlack, Tyre said
he did give Matlacl5 so, but as a loan
Matlack wanted $3.50 to build pigeon
house but witness could not let him have
It.
Mr.. Richards examination OF Tyre
was gruelling but it failed to change
his direct examination testimony. Th'
examination brought out that Tyre haC
paid $500 toward the expenses Of Mat.
lacks trial two years ago, and that h'
had not asked Matlack to return thu
$50 lent him on the election day il
question because OF the trouble Mat
lack was in.
Attachment For Chief Black.
Mr.. Ball then began the closing o
his defense by proving the previous
good reputation of Tyre. This he die
by the testimony Of Rev. w. L. S. Muir
ra. Postmaster Henry c. Conrad
County Treasurer Philemma Chandle
and peter ]. Ford. At this point tn
defense was bolted by the absence o
chief Of Police George Black, who als'
IS wanted to prove Tyres previous goo'
reputation. The chief was not in cour
and an attachment was issued for hin
as we'll as for the presence in cour
'oter * Frank Overdeer and Jane
Watson.
Defense Was Opened.
The defense opened yesterday after
noon. Miss Hettie Wilkinson swor
that Tyre and Matlack did not come L
Ahe Tyre house on the evening of Sep
tember a. 1904 as Matlack had tesu
fed. The men were there that even
ing but they came at different hours
Miss Mary e. DirlSin, who was wit
Miss wilkinson at the Tyre home, wa
on the stand when court took reces
until this morning. Both young womei
are from Germantown, Pa.