Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-03-30
MARK |. DAVIS ACCUSED
Union Republican Alleged to
Have Attempted Bribery.
BASED ON LATTOMUS' STATEMENT
The Regular Says Offer Was
to Lift $4,000 Mortgage.
But He Declined to Vote for ). Edward
Addieks Under Any Consiharation-state
Detective Movey Went to Dover Monday
To swear Out Warrant for Representative
.Dayis-w. M. Byrne Makes a Statement.

,Dayis-H. NJ. Byrns Makes a Statement.
State Detective Bernard j. McVey
went to Dover Monday with Instructions
to swear out u warrant before Magis-
trate Hutton for the arrest of Repre-
sentative Mark L. Davis of Milford on
the charge of attempting to bribe Rep
resentative Francis Lattomus of Town
send to vote for J. Edward Addicks for
4 United States Senator. Mr.. Davis was
Union Republican leader in the re-
4 cent session of the Legislature.
Tho decision of Attorney General
Robert G. White and Deputy Attorney
General Peter L. Cooper, Jr., to arrest
Representative Davis was reached on
Saturday and was based on the in
formation given by Representative
Iattomus on Friday. Mr.. Lattonus
went to Mr.. Cooper's Office in company
with William Michael Byrne, and his
siory, it is said, is that the offer to
Ibribe him was made about two weeks
before the Legislature adjourned, that
|he and Davis were walking around the
town, when the proposition was made
10 him that if he could vote for Mr..
Addicks a $1,000 mortgage would be
lifted from his farm. To this Latto-
mus is alleged to have said that he
rould not even consider such propo-
ttion; that he could not vote for Ad-
dicks under any consideration and it
was no use to try to get his vote by any
such means. Then Davis is said to
Ehave proposed that the money would be
Esiyen to Mrs. Lattomus and she could
Glift the mortgage, and all Lattomus
would have to do would be to vote for
tiddicks. But Lattomus refused TO
accept the offer.
Mr.. Cooper and Attorney General
White conferred on Saturday and re-
Viewed the information in hand and
tlecided to proceed. 1t was reported
that two Or three arrests would be
made, but thus far only the name of
representative Davis has become pub
1c here.
William Michael Byrne, in whose
company Mr.. Lattomus went to Mr..
Eooper's Office last Friday, gave out
vhe following statement Sunday night:
III have no personal knowledge of
Uny acts of bribery. was asked by
bore gentlemen than one what was the
Ew governing such questions, and l
ibmitted the following opinion:
MI have been asked to give an
inion on the following question, to
Ht;
In case that citizen of Della
are knows that an offer of money
other thing of value was, made to
sember of the Delaware Legislature
consideration that the said member
Nould vote for a certain named person
II the office of United States Senator
om Delaware, what would be the
abilities incurred by the said person
Unnwipo ~ il pffar the a,, 4
rson refused to communicates his
howledge to the attorney general or
be deputy attorney general of Della
are when asked so to do by the said
torney- general or his deputy?'s
Bishops Criminal Law, section
H. states that the taking or giving
u reward for offices of a public
ture is punishable under the crimi-
common law, and cites 1 Hawkins
GAS of the Grown 18th ed. J, chapter
section 3, and Rex VS.. Taggart, l
". e p, 201.
"The Revised Code of Delaware, at
&c 25S, sets out the act concerning
duties of the Encouragement, of
ich section / is as follows:
'That the attorney general and any
putty duly constituted by letter Of
pointment from said attorney gen
al, be and they are hereby authorized
administer oaths and afiirmations to
illnesses at any time or ip any place,
well as in the open sessions of the
urts of the State, and shall have
wer to issue process to compel the
tendance of witnesses at the office of
h attorney general or, at such other
pee as he may from time to time
kignate.
1.-THE Revised Code of Delaware, at
Ee 9I5, in section of the chapter
rein set forth, provides as follows:
II any person knowing that
mo or misdemeanor has been COM
tied shall give any aid to the offender
Offenders, or either of them, with the
ent and for the purpose that he may
nd arrest or may escape from arrest,
nrison, from trial or execution, such
son shall be deemed an accessory :
M the section proceeds TO detail the
aties visited upon such accessory.
lst Bishops Criminal Law, in
Aon 72O, speaking of the doctrine of
fprlson of felony, states the follow
w. So that il while another is per-
fatlng treason or felony, into
zen his will does not enter, he stands
without using the means in his
FER to prevent it; or, if after it has
done in his absence, he is made
pro of the fact, yet neither discloses
the authorities or does anything
ring the offenders to Justice, the
holds him to be guilty of breach
iuty due to the community or the
ernmentt, and for this breach pun
es him.
and Russell on Grimes, says:
man is bound to discover the
le TO a magistrate with all possible
Edition.
And Coke says:
II any be present when a man is
and omit to apprehend the slayer
a misprision.'
i''shop, further, at section 721,
would seem in principle that
antive prompting the neglect of u
rlson should be in some form evil
sEscts the administration of JUS
ior example, to prevent. the
uer punishment or to withhold
~ Nia from the government.
he doctrine of these authorities
aot always been held to mean that
p. person knowing of the commission
c1lme and not disclosing that
huse TO q magistrate is for that
ih'on indictable. Chief Justice
al' IN Marbury VS.. Brooks, Z
sflon, at page 575, says:
u may be the duty OF citizen TO
80 every offandar - !. -.-,- -.