Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1895-06-06

The action of City Solicitor Elliott in
municipal court Wednesday morning in
asking for a continuance in the Primary
Election law violation cases, when he
gave as his reason that Walter II. Hayes
the principal prosecuting witness had
failed to furnish him with the names OF
the witnesses for the prosecution, thus
depriying him (the city solicltnrl OF the
opportunity to see them and learn the
nature of their evidence, has aroused
great deal OF public comment as to why
the chief witness for the prosecution
should be lax in his. most necessary duty
IN this connection. Public comment il
also emphasized by the fact that Mr.
Hayes is Il professional man, and wonder
has been expressed as to why, being a
professional man. he should be fatally
lacking in that respect at the critical
moment of the case coming to trial.
In order to meet the public inquiries
representative OF TnE GAZETTE called on
Mr. Hayes Wednesday afternoon and
asked him for an explanation.
Il Informed Mr.. Elliott last Monday
night" Mr.. Hayes said, that was not
gong to let this matter drop. lie asked
me what matter, and said :hese nomina,
ton election cases had previously been
to his office to tell him that bat had failed
To find him there. When did see him.
Monday evening | mentioned the case Of
the Middle district OF the Seventh ward.
aud then and there gave him the names of
the parties lin that distrlCD To be prose
cuted aud also the names OF the witnesses
who wuuld he summoned in connection
with the case, had the warrant in my
possession ut the time, but it had not heen
sworn TO- He asked me not to have the
warrants Issued without seeing him again.
| had informed Mir. Elliott of oil the par.
| tiCulars in the case, and am satisfied that
when ! lett his Office he thoroughly under.
stood the matter.
| when | came down town on Tuesday
| morning, soon after ! had reached my
| Office | was approached by II prominent
| Republican, VINO gave me the exact III.
| formation that | had impaired To City
| Solicitor Elliott on Monday night, and
| Who requested me not to prosecute that
i case. concluded from tins that MI.
Elliott was giving the information he had
! obtained from me To these defendants, and
accordingly did not consult lin any
| more, but had tie warrants issued on
! Tuesday afternoon at about 80 O'Clock.
Immediately after | had sworn ont the
| warrants about > O'Clock Tuesday after
| noon, | informed Mr. Elliott that ! had
done so, aud also told him that the names
| Ut the witnesses in each case were on the
! warrants HAD issued
when Went to Mr.. Eliott's office Ia
give him the information relative Ia the
swearing out Of the warrants | found
| Thomas Lewis, a member Of the First dis,
| trict Republican committee there, aAd
while was in there he devils requested
me not to have Brown and Taylor prose.
cuted. Informed Mr. Lewis that the
matter was out Of my hands and in the
hands of the attorucy.general.
My object IN going to see Mr.. Elliott nj
all was to urge him TO prosecute the cases
and not drop them. | told him that if he
| did not intend TO prosecute them would
request the encouragement or his deputy
to do so, and lid this after consultation
with the deputy Encouragement.
Nobody knew the contents Of the war
rant which ! bad in my possession when
went to see City Solicitor Elliott on Mon.
dag night but Mr.. Elliott aud myself from
that time up tlt the time was approached
by the prominent Republican on Tuesday
morning with the request to drop the case
AS did not reveal the contents of The
warrant or any oi the information to any
body Mr.. Elliott must have done so. 1t
fact that was the only reasonable conclu
sion could draw,
II will say further that there is sufiicien,
evidence in the testimony of the wit
nesses, il properly handled, to present the
case to the court