The sun., 1898-11-05
Judges in Kent County Court
Decide That He Gave Alfred
Henry the Registration Fee.
SENTENCED TO SIX MONTHS
The Courts Decision in Full-Convict
ed Man Protests Innocence, Re-
fuses to Eat. He Will Appeal
the Case to the Supreme
Court.
From a staff Correspondent.

From staff Correspondent.
DOVER, DEL, Nov. 4.-Rev. Charles G.
Collins, cOlored, has been found guilty
of giving Alfred Henry, colored, 81 with
which Henry paid his registration fee.
The convicted man was sentenced to
pay fine of 81, 900, serve six months in
the county prison, and pay the costs Of
the prosecution.
In addition to this punishment Rev.
Collins is disfranchised for a period OF
ten years.
The decision adjudging Collins guilty
was handed down in the Court of Gen
eral Sessions this morning. having the
concurrence Of all three Judges upon the
bench, Chief Justice Lore and Judges
Grubb and Pennewill.
Opinion had been so widely divided
on the result of the case that the de-
cision created surprise in some quarters,
while it was thus expected by many.
1t was only after long and careful con-
sideration that the Court was able to
render verdict of guilty in Collins case,
and Chief Justice Lore SO stated in his
decision. The grave Importance OF this
the first case under the new constitution,
relating to intimidation of electors, in
fluencing or financially aiding man in
getting registered or bribing voters,
necessitated extreme care in weighing
the evidence as adduced before the
Court.
The decision states that the Court not
only heard the testimony in open court
but went carefully over the stenographic
report OF the evidence, after which all
three Judges were unable to arrive at
any other conclusion except that Rev.
Charles G. Collins is guilty of violating
section of article 5 Of the new consti-
tuition, which prohibits any person from
giving, or causing to be given, a man 81,
with which the latter may register and
become a qualified elector.
Nearly the entire bar of Kent county
was gathered before the court when Col
lins was brought in by the Sheriff and
told to stand up. In addressing him,
Chief Justice Lore said:
"Charles G. Collins, you are charged
in the information now before us, with
giving to one Alfred Henry, at South
Murderkill hundred, in this county, ST.,
the amount of his registration fee; there
by unlawfully using money, te influence
him to be registered as qualified elect.
or in the Eighth Election District of
this county on the seventeenth day Of
September last.
"Your case has been heard by the
court, sitting under the new Constitution
as Judges, both of the law and the facts,
without the Intervention of jury. The
testimony in the case has been heard by
us, not only in open court, but the Of
fetal stenographer's report thereof has
been carefully reviewed and examined
by each of us. After the most thoughtful
consideration, we have been unable to
arrive at any other conclusion than that
of your guilt. We therefore have all ad-
judged you to be guilty of the offense as
charged against you in the information.
We have reached this determination
from the testimony before us, which
only we may consider in such cases.
"Mr. Smithers, have you anything to
say why sentence should not be pro-
nounced against the prisoner"
William T. Smithers, Esq, counsel for
Collins, here arose and stated that he
had nothing to say as to why sentence
should not be pronounced on the de-
fendant.
Chief Justice Lore then continued:
"Section 7, OF Article 5, of the Consti-
tuition, which went into effect June 10,
1897, relating to election bribery, under
which this information was framed, de-
fines several of such offenses, among
them the one with which you are
charged. In order to adapt the penalty
to the offense in each particular case,
the Constitution gives a liberal discre-
tion to the Court, ranging from fine
of not less than one hundred dollars nor
more than five thousand dollars, or an
imprisonment of not less than one
month nor more than three years, or
both fine and imprisonment at the dis
cretion of the Court.
"ln this instance we will not impose
the extreme penalty. You may have
had no corrupt motive in giving Henry
the money; you may have intended
merely to furnish the money needed by
him for his registration. But so jealous
ly has the Constitution guarded the puri-
ty Of elections that even such action is
within its terms, and a just enforcement
OF its provisions even to that extent ia
necessary to prevent unlawful interfer-
ence with the freedom and the purity OF
elections in this State.
"The Court has determined your SEN
tence, after giving the most charitable
construction to your conduct. This is
the first case underth new Constitution,
and therefore one of great interest and
Importance. We take occasion now to
emphasize this point-that it is the in.
tention of the Court jealously to guard
and vigorously to enforce the constitn-
tional provisions respecting elections to
the end that hereafter free and equal
elections may be had.
"The sentence of the Court that you
forfeit and pay n fine OF $1,000; that you
be imprisoned for the term of six
months; commencing on this day and
ending on the third day of May, 1S09
that you pay the costs of the prosecution,
and you are now committed to the Gus.
tody OF the sheriff until this sentence is
carried into execution"
The Superior Court and Court Of Gen.