Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-10
THE INDICTMENT DEFECTIVE
Postponement Of Suit Against
Election Officers.
INSPECTORS BREATHING FREER
The Prosecution Delayed on a
Technically.


II
o'clock Wednesday afternoon, whom the
court OF general sessions quashed the
indictment against Michael 4. Conway.
Mr.. Conway was inspector in the Third
district Of the Tenth ward. He had
been indicted on two counts charging
hin: with making false return Of tho
number of ballots cast, and falsifying
the certificate Of the number Of ballots
cast. Ten other inspectors had been
indicted on charges growing out of the
election. The Conway case was taken
for test case and the indictment was
attacked by Alexander b. Cooper yes
terday morning. The State stood by
the Indictment, but the court In the
afternoon was unit that the indict-
mont was defective and should be
quashed. A large crowd was present
to hear the decision. The Judgment
OF the court was announced by Chief
Justice Lore, who said;
1.-The court are agreed as to the judg-
ment they shall render. The offence ia
statuary one and defined. In the
terms OF the statute, generioally and
not specifically We think the charge
in the indictment does not meet that
particularly required by the statute
that 1t charges rather what is part or
an element of the offence. The offence
designated under the statute is a false
return of the election. In the indict-
ment the charge is making false re-
turn OF the number of ballots cast at
said election; which would be an ele-
ment Of the false return, but not CO.
extensive with the return itself. So
that we are compelled to grant the
motion to quash the indictment.
1--WE may say, however, in connection
with this that we recognize the diff
ticulty attending the preparation OF in
dictments under new law and with
new forms and particularly with the
pressure OF business under which the
attorney general has been since the 9th
day OF November in this court. 1 can
see as has been suggested by Mr..
Cooper, the deputy attorney general,
how very difficult it is to draw up an
indictment even under an old law in
which some astute lawyers cannot find
flaws aside to Alexander b. Cooper,
/ am nut making any personal allu-
sions now") and that. difficulty Is
aggravated when there is new law and
when the attorney general is literally
pressed down with the mass of bust
ness. We regret and deeply regret, and
that is the sentiment of the entire
court, the necessity for quashing these
indictments, because IL tho offence
charged was committed by these respec
tive defendants, they committed one
Of the gravest crimes in the hole cata-
logue of crimes OF, this State; and IL
convicted they deserve and should re-
ceive the penalty which the law infiicts
upon them. You may readily under
stand therefore with what great re-
luctance we grant this motion to
quash."
After the decision was announced A.
B. Cooper and Josiah Marvel were con
graduated by the inspectors who were
near them.
Attorney. General White took the floor
at the conclusion of the Chief Justices
remarks and said it was not 40 inten-
tional error upon his part that the in.
dictment was SO drawn and that he
would redeem himself in the future.
With the Conway case all the others
dropped and all the witnesses were dig
charged. The defendants were out on
bail and the quashing Of the indictment
releases the recognizances.
The full list of inspectors who we're
indicted is as follows: Thomas f.
Martin, Fourth district, Tenth ward !;
Michael A. Carroll, Second district.
Tenth ward Michael Il. Conway, Third
district, Tenth ward; Edward A.
Brandt, Third district, Third ward !;
James z. Drane, Fourth district,
Eighth ward; Charles O'Connor, Fifth
district, Tenth ward; Albert Abbeger,
Sixth district, Eighth ward; Hugh
Wallace, Seventh district, Eighth ward !;
Alfred Cochran. Fourth district, Seventh
ward; Neil Dougherty. Second district,
Third ward; James f. Farley, Third
district, Twelfth ward Edward Clark,
Fifth district, Second ward.
Adjournment was made until Friday.
The November term Of the superior
court convened in the Court House
Friday morning at 10 O'Clock Tho cass
Of Mary A. Ford vs.. the Metropolitan
Life Insurance Go. was continued on
application of defendants counsel, as
was also the case of John p. McLaugh-
lin vs.. Benjamin Armstrong. The case
OF Nathan Cooper's administrators VS.
the Wilmington City Railway Co. was
reported by John Biggs as having been
settled. Jas. W. Ponder requested that
he be granted permission to withdraw
an affidavit In the case of tho First
National Bank of Seattle, WASH, vs..
Charles II. Kittinger The request
was granted The case will come up at
the February term.
Walter II. Hayes counsel for the do
PENDANT in the case of Martin Eane, ct
al, VS. George S. Capslle, admiuis.ra-
tor of Randolph Peters, asked for a rule
to set aside sherilf'a sale. The rule
was issued. returnable December 18th.
In the case of b. L. Kent VS.. Thorno
Bros, W. IS Hilles moved that judg-
ment be granted the plaintiff, the
amount to be ascertained by the pro-
thonotary, which was done. Similar
disposition was made of the case of tho /
Knights of Pythias Va. Thomas W.
Killau on motion of William Il. Lyman.
On the application of L. Il. Wales,
Jr., the sheriff was granted leave to
amond the return in the case Of Ault-
man Va. Spicer.
William T. Lyman asked permission
to associate the name of Fl. ii. Ward
with his in the case of Dryer vs.. White
Bros.
In four suits OF the Wilmington
Savings Fund Society vs.. Ellison, now
pending, the court granted the appoint
mont of guardians ad litem, but In
doing so made the announcement that
in the future they would not grant
guardians ad ltem, excepting under
peculiar circumstances and special con.
ditions, stating that it ia tho province
of the orphans court to grant petitions
for guardianship and when the circum-
stances are such that the orphans |