Evening journal., 1909-07-29

the evidence submitted Dy thc respective
parties. and
Whereas, IT appears by the testimony
OF twenty-one qualified voters who cast
said ballots. that twenty-one cd ballots
were cast for the said Benjamin Allen
for said office Of Member of Council, in
the Fourth Election District Of the said
Ward. and
whereas. The Election Officers for the
said Election District certified that Ben
iamin B. Allen had received but twelve
G2) votes for said ofice in said Election
I District. thereby depriving said Benjamin
b. Allen OF nine % votes which should
have been counted for him, the said Ben
iamn b. Allen for said Office making
| the total number Of ballots cast for the
said Benjamin B. Allen for said Office. in
said ward, four hundred and twent-four
! C42D, and
whereas, Six 90 Of said nine Co) ball
lots cast for the said Benjamin y. Al
len for said office, were counted for the
said Walter Rash. three ts) Of said twen-
ty-one (2D Democratic ballots having
been designated as distinguished ballots
and not therefore counted for any can
didate and
Whereas, The names OF twenty-four eco
registered voters were impersonated and
fraudulent ballots cast upon said twenty
four t2D names, which fraudulent i'm
personation is established by the testi-
mony Of the persons who were thus i'm
personated. and whose names were used
as "A means Of casting said fraudulent
ballots. and also the poll list and book or
registered voters. and
Whereas. Thirty-two G2) other persons
were impersonated and fraudulent bal
lots cast upon said thirty-two C39 names,
which fraudulent impersonatlon is estab-
lished by the overwhelming testimony OF
unimpeached witnesses, and whose names
were used as a means OF casting said
fraudulent ballots. and also the poll lists
and book Of registered voters, and
| Whereas. one nonresident OF said dis
trct voted az said election, and
! whereas. Said fraudulent and Illegal
ballots were counted for the said Walter
Rash for the office Of Member Of Council
and
] whereas. The counting OF said six (0
ballots cast for the said Benjamin n.
Allen. for the said Walrer Rash. and tho
counting of the ballots Of the said fifty
six (50 impcrsonators for the said Wal
ter Rash. and the counting OF the one
ballot Of the nonresident person for tho
said Walter Rash. making a total illc-
gal and fraudulent vote counted for the
said Walter Rash. amounting to sixty
three (63) votes. which said sixty-three
t6O votes should be deducted from the
total vote certified by the members or
the Department OF Elections for the said
Walter Rash. leaving the true number OF
votes cast for the said Walter Rash for
the said Office, In said Second Ward. four
hundred and twenty-one 42D votes, and
! Whereas. IL appearing that the said
BENJAMIN b. Allen received the highest
number of votes cast for the said office
of Member of Council and having receiv-
ed three 90 votes more I'm said ward,
for the said Office OF Member Of Council,
than the said Walter Rash received for
the said Office. therefore
BE it Resolved That tho said Walter
Rash Is not entitled TO a scat I'm this
Council as a member hereof, from the
said Second Ward, and
Resolved. That the said Benjamin B.
Allen is entitled to seat in this Council
az member hereof. from the said Sec
ond Ward.
The Dr.. Almond Resolution.
The following is the resolution in the
} Almond Ross contest
Whereas AT the Election held in thu
city OF Wilmington. a Municipal corpora
ton designated by the style and name o.
the Mayor and Council OF Wilmington, OF
the dfth day OF June. A. d. 1909. for the
election Of Municipal officers, for the cit,
OF Wilmington. Charles NJ. Almond wa'
the Democratic candidate for the Office
OF City Treasurer, and Howard ID. Ross
was the Republican candidate for tho
said office. and
Whereas, BY the returns made by tho
officers of the several Election Districts
of the said City of Wilmington, the mem
bers of the Department of Elections GER
titled that seven thousand two hundred
and twenty-five T.225l votes had beer
cast I'm said city for Charles NJ. Almond
for said office Of City Treasurer, and
seven thousand two hundred and forty
eight (7.2t0 votes had been cast for th'
said Howard ID. Ross for said office o.
city Treasurer. In said city OF Whining
ton. according to the certificate Of sai'
Department OF Elections delivered an'
, lodged In the Office OF tho Clerk OF th'
city Council OF Wilmington, and
Whereas. The said Charles NJ. Almond
chose to contest the right Of the sai'
I Howard ID. Ross. claiming to have beef
81 elected to said office. and caused TO b.
/ presented to the said Council or Whining
, ton, his petition in writing setting fort
r that gross frauds had been committed a
e. the said election IN the Fourth Election
= District of the Second Ward Of the sal
.. city. and that he. the said Charles N
- Almond. had received the highest mum
a Der of legal ballots cast In said ward 70
a said office OF city Treasurer, as afore
g said. and
Whereas. This Council has heard tn
q evidence submitted in support Of said pc
a tition by the said Charles NJ. Almant
r and
(. Whereas. The said Howard ID. RIOS
"A has not chosen to offer any evidenc
in reply to the testimony introduced b
d, the contestant, and has offered no dc
y fense to the charges of fraud containe
n IA the petition OF the said Charles NJ All
d mond. and
Whereas. Il appears by the testimon
OF twenty qualified voters who cast sal
o. ballots. that twenty (20) ballots we're cas-
for the said Charles NJ. Almond for sal
e Office OF city Treasurer, in the Fourt
l. Election District OF the Second Ward q
II said city and
.. Whereas, The Election Omcers Of tn
,r said Fourth Election District OF the sal
e second Ward Of the said City of Wi
4. mington. certified that Charles NJ. Al
l. ond had received but eleven uD vote
m for said Office I'm said Election Distric
~ ti,.-,t,,- lo,rt,-fnr said Charles NJ AL