Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1896-12-03
EASIER Fon vIsoEsr.


Need Fay Only IS n Month for His Cbiid's
support ineon Case Continued.
When the court Of general sessions
reconvened at $50 o'clock Tuesday
afternoon Attorney General White adj
dressed the court and requested that
the rule issued on Saturday week on
Preston W. Vincent for support OF a
child be ahnulled and new one issued.
Mr.. White explained that Vincent,
who, by the rule, was ordered to pay
Sl2 month for the child's support and
to furnish $500 security, is unable to
do 30, but il tho amount of security be
reduced to $500 and the amount of sup
port liked at IS per month he could
comply with the order. Court granted
the request.
On motion of Mr.. Cooper the case of
State vs.. Dennis Dipeen, charged with
setting fire to barn at Hockessin, on
the night of October I'd, was continued
until February term. Bail for the
prisoner was fixed at $1,000. John
Gormley went on the bond and Dineen
was released.
Richard BLADDER, colored, was ar.
raigned on the charge Of carrying con-
cealed deadly weapon.
Special Officer Frank testified to
finding blackjack on Blader's person
at the City Hall after he had been ar
rested. Bader took the stand and made
a statement to the effect that he had
found the weapon. The jury returned
q verdict of guilty without leaving the
box.
Judge Cullen sentenced him to 30
days imprisonment.
Court adjourned until 10 o'clock yes
terday morning.
Immediately upon the opening of the
court of general sessions yesterday,
A. b. Cooper, on behalf of Michael 4.
Conway, indicted on the charge of
making false returns from the Third
district OF the Tenth ward and also of
classifying the returns from the same
district, made a motion that the in
dictments be guashed on the ground
that the indictment did not clearly
define the charges made against his
client, in that it did not state whether
the defendant altered figures, names OF
candidates or the Offices to be voted
for. The indictment must show not
only that the alteration did take place,
but how and when 1t was done. He
quoted from ''Hurd's Criminal Plead
ing" in support of his motion.
The indictment must not only show
that the defendant did alter the re-
turns, but must state when and where
the alteration took place.
Attorney Genaral White stated that
he had not sufficient time to prepare
a reply to Mr.. Cooper'H lengthy OBJ
lection. He said that it was impos-
sib,e to state correctly the number of
voters that were changed, as in case
the State did so and the evidence de-
veloped the fact that the number was
incorrect, the case would practically be
a dead issue Therefore the prusecu-
tion was unable to set forth definitely
in the indictment the number Of ballots
cast in the district and afterwards
altered.
Mr.. Cooper had commended that the
present law called for only one set of
returns, which should be returned to
the Department OF Elections. Mr..
White, however, claimed that section
81 OF the present law provides that the
previously existing laws of the State
shall apply to the case, thus requiring
the inspectors to return set OF GER
tificates to the county Court House.
AT u o'clock the members of the
general Jury we're discharged until 3
O'Clock p. m.
Deputy Attorney General Peter L.
Cooper, Jr., then replied to the applica-
tion of A. B. Cooper. He made an
earnest plea to the court that the motion
to quash the indictments against Con-
way be not granted. He claimed that
such action would be a practical an
nulment of the indictments against all
those under bail for altering the cleo
tion returns, thus allowing one of the
greatest crimes that ever disgraced
this State to go UNPUBLISHED. The
State, he claimed, had defined in de-
tail, as clearly as it was possible, under
the statutes, the charges under which
the defendant was to be tried, and there
fore he had ample Information upon
which to prepare his defence.
Mr.. Cooper for the defence closed the
argument in brief address, in which
he said that the defence did not re-
guire exact correct figures In the case.
He only required that the case should
be decided according to statutes and
according to reliable recorded authors
ties.