Delaware state journal. [volume] (Wilmington, Del.) 1870-1883, 1881-01-20

than COMMUNICATION. Such was the feeling
he entertained for the author of some press
reflections against this resolution but he did
did not propose to refer to them more fully
only citing them to show that reasons existed
for the expression Of his support OF thts
resolution.
They have dilated upon the needless and
unnecessary expense to the State here con-
templated. But, under common law and com
mon Justice, when criminal is indicted for
any offense against the laws Of this State and
ia unable to employ counsel to defend himself,
our Courts assign him counsel to be- paid out
OF the State treasury and If 1t be flching
the State treasury for the Governor TO employ
counsel, under the sanction OF the General
Assembly how much more 30 IL 1t tilchipg the
treasury for orr Courts to assign counsel
to defend men who are guilty OF nsmeIoss
crimes that the very mention of would make
humanity blush2 And then, aftor long
and protracted trial, the United States may
step in, as it did in a case last summer pnd
| say that the DEGREES of the Court shall not be
enforced, and take the prisoners into court
| where no punishment is provided for their
crimes, and turn them loose again. scot free.
Ia 1t not time for the State to employ
| counselp Gentlemen who may be 30 fearful
of flching the State treasury, think Of the
untold expense which that case tried in the
New Castle county courts and removed to the
United States courts will amount to. And vet
when we talk of employing counsel to defend
peace officers acting under the State who are
| arrested without warrant of law, it is de.
| nounced az an unnecessary expense.
MIR. McWhorter then stated briefly how il
became apparent, few days before the
general election, that the streets of Whining
ton were in danger of flowing with human
gore that there was danger that the election
t,Atg
entirely and the Mayor and Sheriff very
properly resolved to appoint a number of
deputies to preserve the peace. An arrange
ncnt was entered into between them and the
United States Marshal to cooperate to dis
countenance anything like disorder and to
appoint an equal number of peace officers on
each side.
But few hours before tho polls opened
the Marshal Withdrew from the contract and
saw proper to command the peace himself
II was conceived by the Mayor and Sheriff
that this would not tend to harmony and
they appointed a sufficient number OF depu-
ties to maintain order, who met the deputy
marBlals at the polls and undoubtedly pre-
vented very serious outbreak Unfortu-
nately, some OF the State officers differed with
the marshars deputies. II in not for me to
say who il in the fault it III not for this body
to say the result was that some of the
deputy marshals were arrested by authority
OF the State and committed for trial before
our courts. This WAS Immediately followed
up by mandate Of the United States wit h.
drawing them from our courts for trial be-
fore court which has no laws to punish
such oifenses. The consequence il that a
man may commit murder or any crime what
ever while he wears the badge OF Il United
States marshal he ia not amenable to any law.
Mr. McWhort5r went on to say that there is
no record in this State of deputy marshal
arresting Republican, but lie was satisfied
that deputy marshals had endeavored to in
cite disturbances in order to arrest men
against whom they entertained personal
grudges and arrest them for trivial oifensss
or no oiiense at all. He cited the arrest of
John OBvrne by William Heal, III the cleo
ton Of 1876.
Mr.. Belts said he was entirely opposed to
the resolution and the precedent that would
BIO established by it, but independently of
that, he thought it would be- well to limit the
amount to be expended in employing counsel
to 5000, and he offered this motion rs IN
amendment.
The motion was not seconded.
Mr.. McWhorter said Z" III my friend could
give me any assurance as to the number of
men that the State will be forced to defend
will accept the amendment. II there il any
certain limit to the amount of prosecution
that will he brought; if he will name a sum
for the defense of each man who is now in
dicted or hereafter to be indicted, | will
accept his proposition"
Nothing more was said and Mr. Belts called
for yeas and nays.
Tho vote resulted Yeas, 8; nays, Mr.
Belts voting in the negative.
On motion of Mr.. Harrington, the Senate
then procee led to vote Uira r0ce for United
States Senator. The vote resulted
For Thomas f. Bayard-Cooch, Cooper
Conway, Harrington, Horsoy, McWnorier.
Pennewill. Speaker Rust-S.
For Anthony higgins-Betts-l
Adjourned.
AFTERNOON SESSION.
Mr.. Cooch presented and had read divorce
petition from William Worrall.
The facts az recited in the petition are On
the sth day of December, 1880, without
cause, Hannah, his wife, deserted him. taking
away two children, although he requested her
TO remain that at subsequent period she
broke into his house and abstracted suudry
of value.
The bill entitled an act to amend chapter
1873, Revised Code was passed. (rhis is an act
relating to crimes.)
lhu committee on that portion of the
Governors message reauI 6 to bonds, &c,
reported progress.
The Committee on Agriculture reported
progress.
The following bills were introduced by Mr.
| Conaway an act to exempt Sussex county
! from the provisions of chapter 81, volume IA,
Laws Of Delaware, entitled an act to provide
for the INDECENT insane of the State OF Della
ware an act to amend section IL, chapter AZ,
! Revised Code. (lhis bill empowers the resi-
dent judge, when order is not given at the
term Of court when sentence was passed to
make such order upon petition and proof.)
McWhorter presented petition from 1913
citizens of New Castle county, asking for a
supplement to an act entitled an act to pro-
vide for the rebuilding and maintenance of
certain public roads.
Adjourned.