The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1896-12-03
TEE INDICTMENTS WERE FAULTY
Court Reluctantly Favored the
Accused Men-New In1ict-
ments Will be Brought
Against Them at the
Next Term.


siah Marvel at the morning session, be-
| cause the State had insutficiently set out
in the writs just what the accused men
we. to answer for.
Although the decision of the court was
followed out to the strict letter of the law;
disposition Of the cases has not met with
satisfaction, and consequently the public
is disposed to find fault with the States
attorney who framed the Indictment.
This is hardly fair, however, as both
Attorney General White and his Deputy,
Peter l.. Cooper, acted in good faith and
Mr.. White publicly expressed, although
unintentional evidently, that there had
been no collusiOn on the part of the state
and defense in the matter.
They believed they had accomplished
the work to tho best of their ability, but
being defeated at this time in their efforts
to prosecute the men who were charged
with the most serious otfense, it would in
no way influence them in letting the al.
legged violations of the law go by un.
noticed. Accordingly they will, as soon,
as the present term Of court adjourns,
frame now indictments against tho men
and present them before the grand jury at
tho February term.
THE DECISION.
The fact that the court would announce
the decision in the Conway case, which
governed the other eleven cases as agreed
by counsel, brought out number of spec
tators They were Democratic politicians
principally, but quite number Of promi-
nent Republicans mingled in the assem-.
blago. All listened attentively to the
courts answer which was made by Chief
Justice Lore and which was:
The court is agreed as to the judgmen
it shall render. Tie otfense is n statu.
tory and is defined in the term of the
statute generically and not specifically.
We think the charge in the Indictment
does not meet that particularlty required
by the statute; that it charges rather what
is part or an element of the otfenEe. Tho
otfcnse designated under the statute is
false return of the election.
In tho Indictment the charge is making
false return of the number of ballots
cast at said election; which would be an
element of the false return; but not CO.
extensive with the return itself. So that
we are compelled to graut the motion to
quash tho indictment.
1--WE may say however in connection
with this that we recognize the difficulty
in attending the preparation of indict-
ments under a new law and with new
forms and particularly with the pressure
Of business under which tho attorney gen.
eral has been since the 9th day of Novem-
Dor in this court. l can see as has bean
suggested by Mr.. Cooper, the deputy at.
torney general, how very difficult it Is to
draw up an in dictment even under the
old law in which some astuJe lawyers can
not find flaws, (aside to A. B. Cooper,
am not making any personal illusions
now,) and that difficulty is aggravated
when there is new law and when the Mt
torney general is pressed down with bus
iness.
Owe regret and deeply regret, and that
Is the sentiment of the entire court, the
necessity for qua'hing these indictments
because If the otfense charged was COM
mitted by these respective defendants,
they committed one of the greatest crimes
in the whole catalogue Of crimes Of this
state; and If convicted they deserve and
should receive the penalty which tho law
inflicts upon them. You may readily
understand therefore with what great
reluctance we grant this motion to quash."
The conclusion of the decree was fol-
lowed by no audible enthusiasm. But
there was visible disappointment and sat.
isfactiOn, the latter in the countenances
of the indicted men and their friends
States Attorney White aud his deputy,
Mr.. Cooper were perhaps the most dis
appointed ones. They left the court room
almost Immediately and in their absence
unintcrested members of the bar congrutu-
lated Messrs. Cooper and Marvel on the
great point they had won.
INDICTMENTS AND THE LAW.
1t may be interesting to know Just how
Conway was indicted In one Indictment
he was charged in two counts with max
ing false return Of the number of
ballots cast at said election, in the third
district of the Tenth ward Of the city of
Wilmington, of the county aforesaid, for
one John Y. DicEcy for the office of Repre-.
sentative in the General Assembly T."
and did then and there make false
return of the number of ballots cast at
said election in the third district of the
Tenth ward of the city of Wilmington,
in tho county aforesaid. for William II.
Finn for the office of Sheriff of New
Castle County.
This indictment wastdrawn under sec.
tion 81 Of the laws of Delaware passed at
Dover on May 13, 1891, and entitled an
act to provide for the regulation of voters
III the city of Wilmington. This is the
act.
Every inspector Of election, member of
the Department of Elections, poll clerk, or
other officer authorized to take part in. or
perform, any duty in relation to any can
vass or official statement Of the votes cast
at any election, who shall wilfully make
any false canvass of such votes, or shall
make, sign, publish or deliver any false
U
tificate or statement of the result Of such
election, knowing the same to bo false,
or who shall wiltully defaCe, destroy or
conceal any statement or certificate en-
trusted to his care or custody, shall on
conviction thereof, be adjudged guilty Of q
msdemeanor, and shall be punished by
imprisonment in the county Jail not more
than ,'vo years, or by fine OF not more
than ;2)l, or both,
M. -,.,npI Indictment which jprlu1na
six counts is as follows; THAT Michael r.
Conway did then and there wilfully, fraud
ulently aud unlawfully falsfy the ccrtin.
cate of number Of ballots cast at said cleo
tion in the third district Of the Tenth
ward of tho city of Wilmington at the
County aforesaid, for.one John 7. Dickey
for the Office Of Representative in the
act of the General Assembly In such case
made and provided and against the poace
and dignity of tho state.
. Did then and there wilfully, fraud
ulentiy, and unlnwfully alter the certificate
of the number Of ballots cast for John T..
Dickey, for tho Office Of Representative in
the Genei al Assembly ="
''* Did then aud there wilfully, fraud
ulently, and unlawfully permit soma
person to the jurors aforesaid unknown to
alter the certificate of the nu nber of |
ballots cast = 4 " for John T. Dickey, for
the office of Representative in the General
-.
'- = : Did then and there wilfully,
freudulentiy, and unlawfully falsify the |
certificate of tho number of ballots cast
4 for one James q. Toman, for the office
of sheriff of New Castle County T."
"t Did then and there willfully,
and unlawfnlly permit somo |
person to the jurors aforesaid unknown to |
alter tho certificate Of tho number Of
ballots cast = for one James b Toman
for the office Of sheriff of New Castle
4 ~
This Indictment was drawn under soc.
tion 40 of tho act to provide for the reKula.
tion Of voters here which reads:
Every inspector of tho election, poll
clerk or other officer, or person having
the custody OF any record, registry of |
voters, or copy thereof. or other return Of |
vot 8, certificate, Ioi list.or any paper,
document o evidence Of any description
in this act directly TO be made, filed or |
pre- erysd, who is guilty Of stealing will
fully destroying, nntliating, defacing.
falslfyins or frauduently stecuring or