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

Ahe fNlure OF the hlectipn tAsess
Z With the full, fair and impartial trial,
followed by conviction, Of Howard
Caldwell, for gross violation OF the
registration laws of this State, II was
hoped that all the other cases of like
nature would follow promptly, and that
strict justice would be the rule in each.
The community had gratefully accepted
the Caldwell verdict, rendered by a
non-partisan jury, as evidence that
partisapship had departed from the jury
box In this county, and that hereafter
, violations Of the election regulations
would be considered and passed upon
in the same spirit as were all other in
fractions Of law,
While the result in nowise disap-
points this expectation, 1t is failure of
Justice, nevertheless. In the next case,
the court, without an opportunity of
having the testimony passed upon by
jury, set aside the indictment upon the
ground Of informally, and tho accused
was discharged. Six other cases in
which the indictments were similarly
drawn aud of course likewise defective,
were abandoned.
For this unfortunate result neither
the Court nor the attorney-genera can
be blamed. The latter framed the in.
dictments in accordance with precedent,
and the informally that invalidated
them-an omission of detailed specihca-
ton of charges--did not develop until
the near approach of the term at which
they were to be tried. The Court ruled
fairly, and the strict justice of its decl-
sion cannot be called into. question.
There is, however, a large measure OF
responsibility for the result resting
upon the members of the grand jury
which served during the past year, and
was discharged from further attendance
after completing its duties at the present
term Of court. This grand inquest re-
turned all the indictments in question.
Uhon discovering that the completeness
81 the indictments was likely to be at
tackled, the Encouragement went before
the grand jury, with new bills OF indict.
ment in these election cases, against
which not the slightest question could
be raised, and asked the grand jury to
return them as true bills in place OF
those previously returned. Then the
accused could have been tried upon the
new bills instead Of upon the old ones,
and the cases considered upon their
merits, instead of being disposed Of
upon question of informality. The
grand jury refused.
On account of the secrecy that is very
wisely thrown around the deliberations
Sl III "tg 5cury, it is impossible to ascer
UGH an ass asons that actuated this extra,
Jerks aadry proceeding. The members Of
- the grand jury were asked to do nothing
that was improper or impolitic. They
were merely requested to repair defect
in some work already performed by
them, in order that their findings might
go into court strengthened and beyond
the reach of cavil or attack. They were
simply asked to remove doubt attached
to their own official action, and to make
their own position impregnable. They
refused to do 50.
The defendants affected by these in,
formal indictments returned by the
grand jury comprised five Republicans
and two Democrats. Their action
therefore, was entirely nou-partisan
The members were dealing alike witt
political friend and political foe. They
were not taking political consideration.
into question. II may be assumed il
justification, that they were acting In ,
like spirit of fairness and non. partisan
ship when they refused to again take u,
the cases of these five Republicans AM
two Democrats, aud indlct them in
manner that could not be successful,
assailed. From one poiu, of view the,
were; but if 50, we are sorry to say tina
it presents more the appearance Of 4 con
venient arrangement-of an agreement,
allow the accused Of both parties 4
escape punishment through techni
callty, rather than take action thu
would compel them TO face the ordea
of trial by jury of their peers.
The Court, in discharging the mem
hers Of the grand jury, thanked thet
sincerely for the faithful manner i
which they performed their dutie!
They would have better deserved tht
earnest commentator had they mad
it impossible for these alleged violatoI
of the law to escape trial for the offence
charged against them.