The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1878-03-19
cHIIF JusrIoE MANg1Na's DECISION.

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cH1RF JusrIoE MAssIse's DECISION.
The Supreme Court this morning was
crowded with members Of the bar, poll
ticians and others anxious to hear the
decision in the case Of the State yeraus
Thomas c. Anderson, convicted in the
Superior Criminal Court for publishing
as true forged and counterfeit election
returns from Parish Vernon. Chief JUS
tice Manning read very long opinion
on the case. After reviewing the charge,
verdict and sentence the court took up
two Of the exceptions as being the only
ones necessary 70 consider in rendering q
Judgment, These were that there had
been no preliminary examination, and 1t
Is not 4 practice TO prosecute by inform.
alton. Both exceptions were dismissed
Frat on the ground that 4 prelimi-
nSry examination ia not essential,
and second that prosecution by
information has been common
rule in criminal prosecutions for
many years. The exception to the draw.
ing Of the jury was also dismissed on the
grounds that q violation Of spirit Is not
pretended. Relative 10 the ofiense itself
the Court gave IN abstract Of the election
law detailing ia requirements. The ex-
act method prescribed in the law was
fully described and the record offered In
evidence did not conform with that men.
toned 10 the information. The document
was consolidated statement" certified
by the register OF voters and not the
original returns, and the statute OF our
State does not attact much value to'this
consolidated statement. The original re-
turns, not being altered, would not
change the result OF the election and In
teriere with the interests OF the people.
The paper offered in evidence Is no pa
per charged as being forged. Inorder to
be forgery, an instrument, which It is
alleged "a falsified, must, If true,
be legally capable Of committing
u fraud. Nowhere in law Ia q
consolidated return required as 8
declaration Of the result, and It's altera-
ton or modification can In no way affect
the election. II every consolidated re-
turn were forged and the Returning
Board complied with the law and made
their statement from the Commissioners
returns, no injury could result. Il does
not appear that any paper has been forged
that Is calculated, with 3 compliance with
The law, TO change the result. II is the
essence of this crime that il should be
committed by q public officer, and on
document which would change the result
Of the election. This was not done. The
letters OF John Sherman, Stanley Mat.
thews and others, which appeared on the
record, were alluded to by the Chief JUS.
lice, who stated that 1t should be treated
by the public In like manner az that oi
The member OF the House OF Commons
who attempted to influence the decision Of
The court in the Tichborne case. II was
ordered that the verdict Of the jury be
vet aside and reversed and the prisoner
from custody.
WAsHINaToS, March 1S.-Goy. Pack.
ard, Postmaster General Key and several
others called on the President after the
decision Of the Louisiana Supreme Court
In regard to the case Of General Ander-
son and other members OF the Returning
Board was announced. The President
expressed his qualification with the de-
cision and said the entire Union would
applaud the action OF the Supreme Court
as patriotic and in the interest OF con-
ciliation.