Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-02-14
ELECTION LAW vIoLAToRS.


cases were under fire Wednesday after.
noon, and the confusion which pre-.
vailed rendered it well-nigh impossible
to report the proceedings with that de-
gree OF accuracy which usually char
acterizes the happenings Of jury trials.
Court Crier Smith cleared the spectators
from about the table once during the
afternoon, but tho bailiffs found it diff
cult TO keep the crowd back.
Judge Cullen charged the jury in the
case OF Howard Caldwell, indicted for
"unlawfully and knowingly registering
in two election districts" Judge Cullen
cited the statute relating to illegal regis
tration and said the act was u special
one, enacted for tho purpose of pre-
| venting fraud at elections. He said II
was an act fer the public good, and the
| offence came under the act which was
included in the category of police regu-
latiops, and would be punishable under
this statute, If not amenable to the com
mon law.
Judge Cullen ruled that IL Caldwell
knowingly and willingly registered in
two election Districts" he was guilty
under the act as charged in the indict-
ment. Ignorance of the law excuses no
one. The law is well settled in the case
at issue and wcs handed down in Eng
| land in similar case of recent citation.
1t is the "doing of the act that consti-
tutes the offence" and therein lies the
criminality under the statute. Ii Cald-
well registered in two election districts,
Judge Cullen ruled that the question Of
intent has nothing to do with the case.
The jury retired at 2.45 o'clock and at
AGO o'clock returned with verdict Of
guilty.
John p. Nields represents Noah
Vincent, who is charged with illegal
registration In the First district of the
Seventh ward.
Mr. Nields submitted a motion to
quash the indictment on the ground that
the indictment is insufficient and defec-
tive, inasmuch as it did not cover with
certainty and specify as to the allega-
tions In the Indictment. Mr.. Nields
cited long list of authorities and ar
gued at great length in contention Of
his point.
Mr. Nicholson commended that this is
not case of first impression in Della
ware.
The sufliciency Of the language used
in the Indictment was decided by Chief
! Justice COmegys after argument. This
decision of Judge Comegys was a case
on the Wilmington registry law, arising
from provision copied verbatim in thi:
: act The case was not reported, but the
! recollections of ex-Attorney-Gen
Biggs and Deputy Attorney Genera
Giles are distinct and positive in regart
to it; Mr.. Biggs in consequence had the
forms printed containing the disputed
: allegation, which is used in this indict
ment aud which has been used in every
similar election case tried prior to thi
one.
Mr.. Nicholson also argued on thu
principle of criminal pleading, that th
S allegation was sufficient, and cited iron
n some authorities in other States in whicI
7 the same allegation was sustained
= although he admitted that III tn
8 majority of other States the Court hat
d held this insufficient in cases arising Of
statutes differing more or less from th
: Delaware law.
r Court reserved its decision.
n During the afternoon James Hinsor
= colored, who pleaded guilty to charg
s of embezzling $40 from his aged an
decrepit father, who gave IL to him t
pay the rent, was sentenced TO on
months Imprisonment.
d George Johns, colored, who pleade
IS guilty to the charge of carrying a deadl
weapon, was sentenced TO 10 days In
prlsonment.
n For stealing package containin
n hosiery and suspenders from Jam,
d Cohen, John Reed got three months
II jul and 10 lashes.
George Little, alias "Rotten Wilson
he who has been before the Court twi(
re before and who served two separat
re terms OF two and five years respectivel,
" came in for another dose of pillory, pc
'e and imprisonment. He robbed Il
ID house of William s. Wivel in the nigl
lie time. For this crime he will serve thr,
70 years in Jail and will be whipped vii
ie 20 lashes. He took the sentence will
n out tlinching.
ST Judge Cullen, Thursday, announce
Us the decision of the Court in the case
Noah Vincent, indicted for illegal regi
~ tration, granting the motion OF John
ni Nields to quash the indictment, on Il
d ground that it was defective. Chief Ju
tlce Lore and Associate Judge Mary
concurred in this decision, tho Court
Il opinion being that the indictment d
IL not set forth with such certainty tn
tie prisoner might be able to meet h
of nature OF the charges for which he W
he indicted.
,r- Chief Justice Lore said no blame 6
he tacued to the attorney. general in d
'se matter, as he had been following d
ii. practice of his predecessors in ofiit
q. Judge Cullen agreed with the Chi
nd Justice that it was not the fault Of 4
he Encouragement.
lot Mr., Nicholson said indictments h
been drawn against nine perso
ire charged with violation of the electil
an law at the last term of court. The
lii dictments were framed in the same WI
he us those drawn in tho general sessio
las court for years. After the indictmer
zee had been drawn up the attorney -genel
us discovered a point in the allegatio
w, about which he thought some questi
q might be raised. To avoid any su
oy trouble he prepared new indictments
or each OF the nine cases, IN order to ma
the change. Noah Vincent was amo
this number.
an. Instead of rectifying the error in t
mai indictments, the grand jury ignored
81 u the new ones, thus compelling the
III torney- general 70 proceed on the origir
nv indictments. Gases such as the first
ast dictments set forth were heard beft
in Chief Justice Comegys. In the old 70
md the indictments state that the person
rs no. q qualified voter, or not having
.ne right to register, as the case may
ich without stating the grounds of quail
iii cations. In the new forms the grour
tile were stated. Ii the grand jury had
Of turned true bills on tho new ind
nee ments, it would have cured the defe