Evening journal., 1896-12-02
SAVING INSPECTORS.
Election officers May Not Be
Brought to Trial.
!. B. CoOPERs PLEA TO QUAsH.

CLAIMS THAT DEFENDANTS ARE
NOT APPRIsED IN ANY WAY OF
THE ACCUSATIONS TO DEFEND.
EQUALLY STRONG REPLIES BY
THE STATE.
When the Court of General ses-
sions reopened yesterday afternoon the
attorney-general asked to submit 10
the plea of counsel for defence OF
Preston w. Vincent, recently committed
to jail in default Of $500 security Tor
the payment of So a week to his wife
and child. The plea of defence was
that the order of the court be so re-
formed that he might give lighter Sc
! curity and pay a lighter monthly sti-
pend The court ordered a reforma-
tion Of the sentence. requiring Vim
cent to pay to the wife and child IS o
b month, and furnish $500 security. Vim
cent will be released to-day.
Dennis Dneen was brought into
court and, by agreement of counsel
the case against him for barn-burning |
was continued until the February term. |
- Mr.. Hayes asked that the prisoner be |
permitted to enter recognizance, and |
this was allowed. John Gormley, of
Plunkett Brothers, becoming his surety |
for $1,000.
! A jury was drawn to try the case OF
: Richard BLADDER colored, charged with
carrying a concealed deadly weapon.
! Operator Frank Kane swore that on
7 Saturday night last he took from an
inside pocket of the prisoner a deadly
!, weapon known as a blackjack, which
had sufficient lead on its end TO cause
it to be a death-dealing weapon Bla-
der testified that he had found the
I, blaclk-jack on Front street and was
y simply walking home with it, when
he was arrested on suspicion In an
other case. Had no motive whatever
in carrying the weapon.
The jury found him guilty, and
Judge Cullen sentenced him to thirty
days in Jail. The sentence was much
l heavier than II would have been had
Bader pleaded guilty
When Superior Court and the Court
6 Of General Sessions reconvened this
- morning Chief Justice Lore handed
y down the courts decision to Attor-
ID neys Hilles and Ponder, that, in the
/ affidavit in question. one of the Blades
Lumber Company, James G. Blades,
treasurer, Mr.. Blades must swear that
m he is the treasurer of the corporation,
IA and Il was not sufficient for him to
y simply sign "Bades Lumber Company,
of by James c. Blades, treasurer
Or ELECTION CASES TO-DAY.
70 Alexander b. Cooper addressed the
AZ court and stated that he had beer
2i called I'm consultation in two OF thes'
ne cases yesterday and found the indict
al ments faulty and fatal. He. therefore
hv moved that the case Of the State vs
,d Michael r. Conway be first taken up
M that being the case with which he was
familiar. The attorney-general as.
ST sented
IN Mr.. Cooper CA. 3D. then asked that
n the court entertain a motion TO quasi
~ the indictment against Michael T.
an Conway on the following grounds:
NJ /. Want of certainty. That this
70 indictment states merely a conclusion
no of law. and not the facts upon which
ts that conclusion is based. The defend
s- ant is not sufficiently apprised OF the
be basis OF the accusation. IL Is well
'rt | established fact that a defendant mus
be fully informed in the indictment ol
what he has to defend.
ho (Mr CoCrc- here cited at length
ed from Hurd on criminal pleadings, de
n Gliding that In every case the accuse,
"a should enjoy the right to know jus
nd what Is charged against him, for h
,is cannot get a new trial on the grouni
nt of surprise. An indictment must con
be tain sufficient description of the Grim
he so as to identify the act OF the accuse
Dr. tom
,r- 2. A material fact is that the in
"a spector charged must know the sam
ne to be false and the time and place tina
mt he knew It must be so alleged. Ever
he act which Is a necessary ingredient q
led constitute the offense must be name
ew with time and place The words the
nd and there must be inserted in tn
,re phraseology of each accusation.
ac- Furthermore, there isn't a word 4
the statute which requires the inspec
ac- tor to return to the Board Of Canvas
Iev certificate OF the ballots cast"
ib- Mr. Marvel pointed out to Nj
on Cooper CA. 3D. the case of the stat
,l,- VS.. Peter b. Sockum." This last nam
er created much amusement Mr. COopc
he declared that he had never been abb
ION to find where the place "Sockum" /
Il is always one mile from the IN
led quirer. He thought, however, that
A was a point somewhere below Feltol
lge Mr. Cooper finished his argument 4
hat 11.30 o'clock
mo- STRONG ARGUMENT FOR TIL
u's STATE.
OF Attorney General White declare
ght that there was sufficient certainty b.
tor cause this inspector knows exact
iD with what he is charged. IL is averrC
the that he wilfully made a false retuI
in of the number of votes cast for OF
is John T. Dickey. a candidate for repr
on sentative in the General Assembly
ats Delaware, and for one James b. II
ani man, for sheriff of New Castle count
les. Delaware.
,in. The encouragement contended tn
and If the requirements made by defendai
va counsel were law. then there is
ere punishment for these offenses alleg'
hat to have been committed by these q
PENDANTS.
SO far as the exact language of Il
statute is concerned, it is the same
Dad s ior ~ ~ t
ing usu, S3 ~ 49,. 5 ~ - t,l,