Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-03-19

pressed his regret at division of the
Court upon the question presented for
consideration. To his mind the facts
were beyond cavil and doubt. He then
went into consideration of the duty
of the court of oyer and terminer which
is called by precept. Until few
yNsrs ago all these forms were written
out. All indictments have been found
general sessions and nertioraried,
with but one exception that no knew
of, up to the court of oyer and terminer.
He declared that 1t was not matter
of form, but OF substance. A man is
entitled not only to fair and impartial
trial but also according TO the law of
the land. Under the circumstances it
was a trial without law, gospel or any
thing whatever. The indictment was
not found by jury of the court Of
oyer and terminer, and was never certi
oraried or sent up to that court.
In regard to the time to object to the
indictment, he held that where pro-
ceedings are null in their incipiency,
parties can plead abatement or by mo-
tion of an arrest OF judgment-it was
never too late. He said that he knew
there was a general idea that these
parties have had fair trial. but the
case must be governed by the law. As
to the legality of the precept, he de-
clared that the endorsement did not
amount TO fig. The record itself dis.
closed that the Indictment was found
in quarter sessions and tried in oyer
and terminer. In conclusion he said
that ho thought this judgment should
be arrested.
Chief Justice Lore remarked that he
did not know that the opinion was to
be read. Ho reserved the right, there
fore, TO present his views formally. He
would try to show that the cases cited
by Judge Grubb all went TO the ques-
tion of regularity, whereas this is a
case OF jurisdiction.
The Chief Justice next announced
that the motion did not prevail and
that Judge Grubb would announce the
sentence decided upon by him and
Judge Marvil.
1t was about at this point that the
resourceful defence again moved. Mr..
Gray asked il the regular proceeding
necessary after the verdict was for the
attorney general to move for Judgment
on the verdict. If the Court was
against the motion, judgment could
not be rendered. If the Court was
divided as TO its authority the motion
must fall.
This ingenious idea was not heard
without surprise.
Deputy Attorney General Cooper
understood that that motion was
never made except in capital cases.
He was not prepared to make the
motion, and desired to consult with the
attorney general. continuance In
the matter was granted until yester-
day morning and the prisoners were re-
manded until that time.
This latest step in the case was the
talk of lawyers in the court room.
Court adjourned until 10 O'Clock Tues
day morning.
FIFTEEN MEN TO CONVICT.
When Mr.. Ward was asked by re-
porter Monday morning what became OF
the verdict of the jury he stated that
in this State it requires l5 men TO con-
vict- the II jurymen and majority OF
the court.
The State will take the ground that
the next procedure is to sentence the
prisoners, no motion being required.
The mandamus case of Joseph Cash
VS.. the Reliance Fire Co., was to have
been argued before the superior court
Tuesday, but after court opened the case
was announced tn be in course of
adjustment. Pending the adjustment,
| both sides concurred in a continuance
until the May term. Joseph Cash,
Walter Pagan and Christopher Duncan
we're former members of the Reliance
Co. A disagreement arose over the
mattor of alleged indebtedness to the
company and they were expelled. They
brought suit for a mandamus to require
the company to reinstate them. The
compainants were represented by Will
liam S. Hiles and Josiah Marvel, and
the company was represented by Lewis
@. Vandegrift and John Biggs. Ac,
cording to one of the counsel, the diff
ferences have been adjusted satisfac-
torily to both sides.
Court adjourned until 10 o'clocls yes
terday morning.
(Addttionat o1urf nstUs m ma pagel