The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1897-02-09
INSPECTORS CASES CONTINUED.

notice that he plead demurrer to the en-
tire declaration 10 morrow morning and
argue the question.
INSPECTORS CASES CONTINUED.
Alexander b. Cooper end Josiah Marv'l
council for the nine election inspectors
indicted for having altered certificates Of
elections and made false returns of cleo
ton, appeared before General Sessions
Court and urged q continuance Of tho
cases until next term, because of the
reasons that tmisdmeanor returned by
tho grand jury upon presentmont was
never tried at the term the Indictment
was returned and because Of the absence
of Milton H. Hawkins an important
witness In urging the continuance Mr..
Cooper said the State would loose nothing
The men were not felons and were inno-
cent OF any crime until proven guilty. He
held that their cases were not for COM
munity to pre- judge, but to be tried fairly.
to be entitled to all principles of law and
indulgence of the court. He had not seen
the indictments undor which the men
were indicted but believed the cases to be
new ones 'These men are of the same
Importance to this community he said.
'They will not run away. 1t would be
an injustice to force them to trial ut this
time. They are innocent of this crime,
therefore, would ask that they be allow
ed every advantage to establish that fact
Attorney General White in opposing the
motion said the cases persented alpeculiar
condition, admitting that 1t was not GUS
tomury to try Gases Immediately when
indictments were returned by present.
ment
The motion was peculiar in that the
charges were exactly tho same as had been
made against the men at the last term and
the defendants therefore had every oppor-
tunty to establish u defense Therefore
the argument of Mr. Cooper's did not ap
ply here as it would in other cases.
He recognized the fact that the defend.
ants had right to fair and impartial
trial, but thought that trial could be CIV
On at the present term and at q date when
the attendance of the absent witness
could be secured. The matter finally
ended in the procurement OF an affidavit
signed and sworn to by James +. Early
that Mr.. Harkins was absent and could
not be secured until the next term of
Court
This did not satisfy Mr.. White, he hold.
Ing that it did not make complete de.
ferst and also thai it did not set forth
whether Mr.. HarklnS was in the city or out
Of it On the other hand he had learned
that Mr.. HarkiIs had been In the city dur
ing the morning. He was willing to al.
low the matter to go over until tomorrow
morning but would not consent to fur
Their continuance.
Mr.. Cooper's reply was that he was not
wishing to take advantage Of the state
ard challenged any man in the Court
room to swear that Mr. Harkns had boon
seen in tho city dnring the morning
Further argument was embraced In the
affidavit at this point the argument was
terminated by the Court announcing that
the cases would DO taken up Oh February
23, Until which time tho witnesses were
| discharged.
Disposition Of the cases leaves the Gen
| eral Sessions Court without jury trials.
| Austin Harrington was appointed Com
| missioner to take testimony in the divorce
case OF Hillyard VS.. Hillyard.
TRIBUNE TO THE LATE JUDGE WALES.
Anthony Higgins addressed the Court
as follows:
"If yourhonors please; sincGths adjourn
ment Of Court last evening, this com
munity has been shocked by the an
| nouncement of the de IL Of his honor, tho
late Leonard +. Wales, judge of the
| United States district court for this dis.
trict and l feel it proper to bring the
matter to the attention Of this court Of
&c h for over twenty years, Judge Wales
was himself an honorable member.
..., death has come with great unex.
poctedness to all and at u time when he
was in apparently robust and his usual
health, And it comes to us all as an un.
usual affection. Seldom has this COM
munity had any man in public or private
station moro honored in the one, or mora
beloved in the other. Generous, and
gentle and manly and true he flied to the
highest degree his duty in public and in
private life.
have no doubt that it is in entire con-
sonance with the feelings of your honors
that the court, on the announcement of
this melancholy event. shall take action
which will be appropriate to It,"
Chief Justice Lore replying, said:
'Mr. Higgins in recognition of the emf
nent services and the nIre life Of Judge
Wales and the loss that tho community
has suffered and Of bis particular connec-
ton with this court, we shall order that
court adjourn at once, cut of respect to
his memory until tomorrow morning at
| 10 o'clock, and when We adjourn then, 1t
will be until Friday morning holding no
court on Thursday, SO that the members
of this court, and all the officers connect ed
with It, may attend the funeral. Gentle
men of the Jury, you are discharged until
Friday morning. Crier adjourn the court