Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-11-29


ON application of Mr.. Bird, and ii was
understood that the defendant was to
have equal chances OF a postponement
il. it was so desired. Mr.. Bird had no
recollection of this understanding. The
Chief Justice was inclined to believe
that the case had been continued under
the circumstances as presented by Mr.
Bates. The court finally settled the
matter by marking the case for trial at
present, with the understanding that the
case would be postponed ii court saw
fit to do so. MIR. Bates asked for
special jury.
Special juries were asked for in the
following causes: Mary A. Hart vs..
the p, w. s. b. Railroad Company; |
lguatz Roth vs.. Samuel Sessinger: |
Amelia L. Finpegan VS.. Wilmington |
City Railway Company; Charles J. Glib.
bons vs. the Wilmington City Railway |
Company; Charies L. Smith VS.. d. 81 T.
Railroad Company.
The case OF the Mutual Benefit Life
Association VS.. Isaac Shockey's adj
ministrator; was reported in course OF
settlement. The case of Richard d.
Perrott VS.. Joseph Perrott has been
referred to counsel. Settlement was re-
ported iii the suit of Andrew Fulmele
against the Wilmington City Railway
Company. Ehe case of George S. But
terworth VS.. Joseph d. Carrow went
over until the February telm under q
peremptory rule.
John II. Rodney asked leave to amend
in the case of George G. Marshall VS.. L.
Howard Lewis.
The case of George w. Evans VS..
Rene j. Fougeray was referred to coun-
sci. The case of Policeman Carmen
Di Mare VS.. the Mayor and Council Of
| Wilmington, for one months salary,
has been relegated to the foot of the list.
On motion of Harry Emmons the case
of the New York Biscuit Co. VS.. Singley
| Bros, has been referred to referees by
| parliamentary.
In the case of Elmer ID. Reed VS..
| eileen Falls Insurance Co. demurrer
has been filed.
In the general sessions court Friday
/ morning, u continuance was asked by
counsel for the defendants in the election
cases and the motion was strongly remon-
strated by the Encouragement for the
State. The court finally disposed of the
matter by allowing all the cases to go over
until the February term.
In the case Of Patrick Mundy who was
out on bail, the Encouragement asked
for capias, which the Court granted.
In replying 20 and opposing the applica-
ton for continuance i'll the election cases
against Carberry, Gnder, Gibbons. Lally
and others. Attorney General Nicholson
said:
If your honors please, these applications
seem to be based upon the practice OF the
Court in granting continuance in cases of
misdemeanor at the first term.
What may say in opposition to the ap-
| VII I iat 10 IN nj "a
plications. While il is true that these are
misdemeanors, and while it may be true
that it is the general practice of the Court
to continue misdemeanors at the first term
merely upon application OF the defendant,
yet these misdemeanors belong to Il pecll-
liar class, and are of such nature us to
throw upon the prosecuting officer pecu.
liar responsibility so that | feel compelled
to oppose strongly the continuance of any
of them except upon the same legal
grounds as the court would require i'll the
case of an important felony Now while
every one admits theoretically, the offences
| against the election laws are most I'M
portant class of offences, that in a govern.
, ment based upon universal suffrage where
| laws and officials and the whole machinery
of government depend upon the Will OF
the people expressed at the ballot box
offences against the election laws are Of
! peculiar importance to the community
4 |
a reasons difficult to prosecute successfully
i 1t is against the community, against thu
! commonwealth, against the State, tina
they are committed and the conse
quences of the offence affect the com
munity at large, No individual ha
Q been hurt; no one has lost his property; n,
t one has been killed; there are no relative
q or friends of an injured man to press TO
4 prosecution. Therefore it throws upon tn
:. prosecuting officer in a special degree til
= responsibility of seeing that such Offences
y are punished.
5. 1t follows that there are two consdera
: tons, which appeal TO me very strongly
On the one hand, that the public mind
n fresh from the election, has its attention
( arrested and directed to these offences
4 and the effect of the prosecution at thi
= time is supremely important. IN order
impress upon the public at the time whe
e their attention is directed to it. that thes
e laws are reality that so far as TIL
l. officials are concerned, upon whom
ia placed the responsibility of enforcing TIL
laws, that offences against the electio
=, laws will be prosecuted with the sam
70 vigor as any other serious offence; that
e DELAY will affect the influence of the prost
N cution; that its effect will be lost or in
is pared, because the minds of the peopl
re are turned in other directions, and /;
n wholesome effect upon the community {
AZ large, in making them realize the gravit
w OF these Offences almost neutralized.
Now as to the effect of postponemer
n upon the interests of puolic justice,
IL would like to say word, not only as
IL misdemeanors generally, but especially ;
n to this particular class.
o. Your Honors are of course well aware
=, matter of observation, as is every laWy'
a. land it comes home particularly TO
IL, prosecuting officer). that when case
ne continued the ends of justice, if not d
feated, are very seriously ieopardizc
le When All occurrence is fresh upon u
n. minds of the witnesses and the picture
he distinct and clear, there is Il vividne
- about their testimony which it CAM
- possess later, The occurrences are fres
Us in their minds and the testimony is alwa,
et different; has always more force; h
nj always more distinctness; has always mo
ci- accuracy at that time than subsequent
as And i'll fact the only cases in which tn
10 those where there is spirit of revenge al
1t ne bitter feeling on the part OF the. witne
" which keep the memory vivid and alive.
as In cases of this kind-election cases
rs IS exceedingly difficult toget the Witness
lat because no individual is especially hurt
un the offence, and the longer it goes over, t
,nt more reluctant those witnesses are
come.
Therefore. without extending the arg
o. ment into details ! will sum up TO yo
Tas Uonors the two points on which | rest II
in position. First the peculiar responsible
,nt resting upon the Attorney-General in
ms class OF cases of supreme Importance
his the community, but in which there are
Il private interest wronged, and SO priyi
~ individuals have no interest or feeling
he press the prosecution, thus doublingt
lor responsibility laid upon the prosecute
officer.
own ,.n;,, tha affnct that a snpedy rrn