Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-09-20
1NDIorM nNr QUAsnED.
The Charge Against wiIiia,n Il. Polk Dis
mIssed In Municipal Oomrt.

missed in Municipal Court.
William Il. Polk, colored, was given
preliminary hearing in municipal court
last saturday on the charge OF selling
liquor without license. When the case
was called up before Judge Ball Friday
Peter l.. Cooper, Jr., sought to have the In
dictment quashed on the ground that the
first count merely alleged the sale of liquor
and did not specifically state to whom the
liquor was sold. II was uncertain and
ambiguous. Mr.. Cooper's second conten.
ton was that the information was signed
by City Solicitor Elliott as deputy attorney
general. while as matter Of fact he was
not the properly authorized officer to sign
the information. but OH the other hand it
was the province of the Encouragement
alone to sign.
In ruling upon the points raised by Mr..
Cooper Judge Ball held the first point we'll
taken and that the indictment must allcge
specific sale of liquor. and it must
specify the time of the sale of same, the
indictment merely alleging the sale OF
liquor. In regard to the second count
Judge Bali held that inasmuch as Attor-
ney-General Nicholson had sent letter to
the municipal court appointing the city
| solicitor as bis properly authorized deputy
attorney To conduct the prosecution of all
criminal matters brought TO the attention
Of said court, the second count in the in
| dictment was regular and therefore the III
| dlctment must stand.
The case was then called and prelimi-
nary hearing given the prisoner. state
| Detectives McVey and Witsil testified that
| Polk had admitted to them that he had
carried on the sale of liquor at Rosendale
| Park, and that checks were sold for a
nickel apiece which he received in ex-
change for the liquor, which was disposed
| of by the glass.
/ IL, "a
| detectives in getting the admissions from
the prisoner, had held out to him any
| inducements, and was informed that Polk
| had made the statements voluntarily,
| although he had been told after he ad-
mitted the charge that by pleading guilty
| he would escape with fine of $50 rs
against 500 in case he denied the charge,
and the case went to jury and he was
| convicted.
4 After the S.ntc had rested its case MIR.
Coop again moved that the indictment
be quashcd on the ground that Mr.. Il loot
| had absolutely failed to prove venue aud
had also neglectr to prove that lager beer
had been sold by the prisoner, the indict.
ment merely stating that Intoxicating
| liquor had bee sold, while the testimony
| was that the liquor was beer, the sap
| position being that 1t was larger beer
| Judge hall held that Rusendale PARK wa,
sufficient to establish venue in the case
and denied the motion for non suit on
| this ground, but i'll regard to the matter ui
failure TO prove the sale of lager beer, tit
| contrasted with beer, the court stated tha
II would want to hear something from TIA
city solicitor in defence o. ms intornlatiOn
anu asked Mr.. Elliott whether he had any
authorities to show that the indictment
alleging the mere sale of Intoxicating
liquor was sufficient to establish prima
iacie ease against the prisoner.
Mr.. Elliott said that lie had authorize.
on this point aud Judge Ball granted I
continuance in the case. Bail in the sun
Of $500 was continued in force.
Soon after municipal court opened
on Monday Judge Ball announced hi
decision in the case of the State VS.
William X. Polk, charged with selliu!
liquor without license at Rosendal
Park in this city.
The court ruled that inasmuch as til,
city solicitor mad not proven that in
toXicating liquors had been sold by tn
defendant, the indictment merely alleg
ing the sale of the same, the prisonc
could not be held ON this charge an,
therefore dismissed the case against til
i prisoner.
| Tho point was raised by Peter L
Cooper, Jr., counsel for the prisoner
, who asked that the Indictment b
quashcd on the grounds as ,narrater
above.