Evening journal., 1896-12-03
INSPECTORS
Allowed to Go Free Because
of Faulty Indictments.
COURT DEPLORBs THE DEFECTS

BUT EXoNERATEs THE ATrOR-
NEY-GENERAL WHO. IN THE
RUSH or WORK SINCE NOvEM-
BIER 9, HAS BEEN so CROWDED
THAT AsTUTE LAWYERS MIGHT
PICK FLAWS.
All the accused election inspectors.
indicted for falsifying election certin-
Gates and making a false return. were
discharged from custody I'm the
Court of General Sessions yesterday
afternoon The motion OF Alexander
b. Cooper and Josiah Marvel that the
indictments against Michael T. Con-
way and others be quashod because of
uncertainty and failure to conform
with statutory language, was allowed.
Chief Justice Lore stated that he
had no question that the attorney-gen-
eral had exerted the utmost diligence
in drawing these indictments and
prosecuting the cases. From his own
experience while attorney-g general. he
knew II required almost perfect man
to prepare every Indictment so that
some astute lawyer, out Of the sixty
members of the bar, could not find
some naw in It.
In handing down the courts decis-
ion the chief Justice said: "The court
are agreed as to the judgment they
shall render. The offense Is a statu-
tory one and defined, In the terms OF
the statute, generically and not spe-
cihcally. We think the charge in the
indictment does not meet that partic-
ularity required by the statute; that it
charges rather what is a part or an
element OF the offense The offense
designated under the statute is false
return OF the election In the indict-
ment the charge Is making q false re-
turn OF the number Of ballots cast al
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.
I'VE may say however, in connec-
ton with this that we recognize the
difficulty attending the preparation OF
indictments under a new law and with
news forms, and particularly with the
| pressure of business under which the
attorney general has been since the
/ 9th day OF November In this court.
can see. as has been suggested by Mr.
] NNhlNif .Aui uiNtN1 allDIHtl -Htutluit
how very difficult IL Is TO draw up an
Indictment even under an old law in
which some astute lawyers cannot find
flaws, (aside TO Mr., Alexander g.
Cooper ] am not making any personal
alusion nOw) and that difficulty is
aggravated when there Is a new law
and when the attorney-genera Is lit
terally pressed down with the mass OF
business.
"We regret and deeply regret and
that is the sentiment of the entire
court, the necessity for quashing these
indictments. because il the offense
charged was committed by these re-
spective defendants they committed
one Of the gravest crimes in the whole
| catalogue OF crimes of this state; and
If convicted they deserve and should
receive the penalty which the law in
flicts upon them. You may readily un-
derstand. therefore. with what great
reluctance we grant this motion %
quash"
The court gave notice that the con-
tested liquor license cases would be
taken up next Saturday morning nc
1890 o'clock.
Charles NJ Curtis, representing the
Town Council of Newark in injunction
proceedings in the Court of Chancery
entered a plea regarding certain m-
junction proceedings In the Court OF
Chancery, but was requested to appear
again on Saturday, December II.
Levi G. Bird. who had previously
asked that the damage case of w. n
Seward ct AL VS.. the Mayor and Coun-
ell of Wilmington be taken up on Mon
day, moved for a continuance unit
next term. Horace G.. Knowles, fol
the city, at first opposed the continu.
ance, but Mr.. Bird offered the state.
ment of a physician that his client
Mrs Seward-is ill and will not be-
: able 10 appear at this term, and the
continuance was granted.
Having no further criminal business
on hand at this term, except a deser
tion case the latter was fixed for hear
ing on Saturday, and the petit jurors
, were discharged from any further at
5 tendance at this court Court ad
2 iourned until Friday morning at II
{ o'clock.