The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1899-11-09
the prisoner, Mr.. Hayes moved that
Reiman bedischarged, and the Court %

the prisoner, Mr.. Hayes moved that
Reiman bedischarged, and the Court %
ordered. $50
/ The Defense,s Greatest victory.
Argument then proceeded on the plea
Of abatement fled by Messrs. Hayes and
Ward in the case against DR.. Moore.
Withdrawing all the legal technicalities
from the mass Of learned argument pre-
sented by Mr.. Hayes and Mr.. Ward,
their plain contention was that the bail
bond under which the defendant was
held was insufficient; that DR.. Moore
had never been held to bail on the
charges alleged in the Information. The
bail bond does not name definite sum
OF money while the information does and
the bail bond says certain per-
sons" while the information gives the
names.
In the argument of Mr.. Hayes and Mr..
Ward it was held DR.. Moore might be
tried for the offense of offering anybody
in the United States money on which to
get registered and that the attorney gen.
eral might continue to prosecute DR..
Moore for the next ten years.
In reply Attorney General White and
Cooper spoke only briefly. They held
that the bail bond was sufficient and
that the State should be allowed to bring
all the records Of the justice of pesce's
office into court to support the bail
bond. They thought parole evidence
proper to strengthen the bail bond.
The Court, after hearing the argument,
adjourned until O'Clock.
At that hour the decision was rem
dered which resulted in the withdrawal
OF the information against DR.. Moore
and Peter W. Downs. The court room
was crowded when the three judges as
cended to the bench and Chief Justice
Lore stated that Judge Boyce would
read the decision of majority of the
Court.
The decision read by Judge Bovce was
brief. 1t stated that the Court did not
think that the attorney general should
be allowed to draw on information in
which the allegations did not coincide
with those set forth in the bail bond and
that the information against DR.. Moore
certainly did not contain the allegations
made in the bail bond. Therefore the
Court allowed the plea Of abatement.
Judge Pennewill also delivered de-
cision, which. while concuring in the
Courts decision read by Judge Boyce,
treated the question at issue more fully.
II was a decision OF great learning and
the questions raised by the argument
were disposed of with q clearness I'm.
usual in court decisions.
Chief Justice Lore said he could not
agree with his learned associates and
verv briefly stated his reasons for dis
senting from the Courts decision. The
chiefjustice's reasons were these: that he
did not believe the substance of the al
eyed bribery cases should be sacrificed
for a matter OF form, referring to the man.
nvr in which the bail bond and infnrma-
ton were made out respectively. Glow
ever" said the chief justice, "thls is
only my opinion and the Courts de-
cision was read by Judge Boyce, there
fore we render Judgment in favor of the
defendant Oh the plea of abatement
As Attorney General White had no
further evidence against DR.. Moore he
addressed the Court and withdrew the
information, Herewith entering nole
prosequi. Likewise in the case of the
State against Peter W. Downes nole
prosequi was entered. Both defendants
were discharged.
Immediately after the Courts decision
Messrs. Hayes and Ward received nu-
merous congratulations on the victory
gained in what has proved to be the
greatest lega! battle before any Delaware
court. Chief Justice Lore before ad.