Delaware gazette and state journal., 1899-11-02
KENT COUNTY COURTS.
The Case against the Delaware Electric
Railway %. to Begin Tuesday, NovoinDe
14th-The Election Cases.

1h6 CHhe aEaIuHE tnb oeiHWafh lsieBErIC
Railway %. to Begin Tuesday, November
14th-The Election Gases. E
Dover, Oct. 3l.-The trial of DR.. L.
G. Moore, Frank Reiman, Peter w.
Downes and John Caldwell, the last
two colored, all Of Smyrna, charged
with violating the registration and
election laws, began in the Court of
General Sessions yesterday. The atten-
dance was large.
In each case, Walter II. Hayes and
Fl. ii. Ward, counsel for the defence,
filed a demurrer, Of which the follcw-
ing is a synopsis:
That the information and the matters
therein contained, in manner and form
as they are set forth, are not sufficient
in law, and the defendants are
not bound to answer them. That
for want Of sufficient information in
this behalf, the defendants pray judg-
ment. Grounds of demurrer: Ii does
not appear in and by the information
that the defendants were ever COM
planned of to any judge entitled to sit
in the Supreme Court CT having COM
mitted any offence mentioned in section
of article of the Constitution, or
any offence mentioned in any of the
| four counts of the information; nor
does 1T appear that any such judge
caused the defendants, charged with
the offences alleged, to be arrested ard
brought before him; nor does it appear
that the defendants, charged with the
| offences alleged, were SC brought before
any such judge; nor does it appear
that the defendants were by any such
| judge bound with surety, or for want
of hail committed, for their appearance
| and answer to the offences alleged at
the April term, 1899. 1t does not appear
in and by the information that the
defendants were ever examined and
committed, or held to bail, by judge
or justice Of the peace to appear and
answer the offences alleged in the four
| counts of the information at the April
term. 1t does not appear in and by
the information that the defendants
were ever held to bail by Ezekiel v.
Cooper, justice of the peace, to
| appear and answer the offences alleged
in the four counts of the information
at the April term. IL appears in and
| by the information that there are four
separate and distinct counts, each of
which purports to alleee distinct
| offence. 1t appears in and by the in
formation that the prosecution is not
| by presentment or indictment found by
a grand Jury drawn, summoned and
| qualified according to the laws of the
| State.
Attorney-General White and Deputy
Attorney General Cooper filed an
amendment to the information, adding
the names OF Elijah M. Gregory, John
Seeney and John Wilmer to the first
count, and mentioning the fact that
| Mauictrnto Gaapar haifl tha Iafapf 10 ~,
| for their appearance at the April term.
Argument followed. Mr.. Hayes
pointed out the difference between an
| indictment and an information.
Deputy Attorney General Cooper read
the sections OF the new Constitution
relative to bribery, and also common
law and statute law Of other States.
| Mr.. Ward referred to the article in the
| Constitution of the Unied States tela-
| tive to every prosecution being made
| by Indictment, and also to the right of
a prisoner to a trial by Jury; ard
| claimed that the State had no right 10
amend, and in the departure from COM
mon law there must be some expression
| by the court. Attorney General White
| replied briefly, after which the court
| adjourned until 10 o'clock this morn
ing.
The court, this morning, decided
| that the amendment offered by the
State was admissible, and, after further
| changes in the counts had been made,
| the defendants were given until this
afternoon to prepare new papers.
Dover, Nov. L. In the Superior
Court, yesterday, in the case of Charles
| F. Burris vs.. Walter Shelton, an action
to recover damages for horse which
Burris loaned to Shelton, and which
died while in tine lattar's possession, a
verdict for the defendant was rendered.
In the quo warranto case against the
Delaware Electric Railway Co., Sheriff
| Wharton announced that he had served
writs upon John ID. Hawkins, Theo-
dore Townsend, Franklin Temple,
| Howard M. Wilkinson and Lucius p.
Campbell, the Delaware defendants,
and that the four nonresident de-
| PENDANTS were non est. Tuesday, Novem-
ber 18th, was selected as the date for
| trial.
In the Court of General Sessions,
yesterday George Fowler pleaded guilty
| to the charge of larceny, and was
| sentenced to six months Imprisonment.
| In the cases against DR.. L. G. Moore,
Frank Reiman, Peter w. DowEes and
John Caldwell, charged with violating
the registration and election laws, coun-
sci for the defence filed demurrer to
the amended information. Tho de-
murrer was based on these grounds
First, that the State Constitution gives
jurisdiction in such proceedings to no
court wheie the holding to bali is by a
justice of the peace, only giving juris-
diction to the Court of General Ses-
sions whore the holding to Eail is by q
Judge; second, that the part of tho in
formation which recites the holding to
bail is the jurisdictional part of the
information, and this part does not
state the county where the offence is
alleged to have taken place, nor the
time when it did take place; third,
that the whole proceeding is contrary
to the Constitution of the United
States guaranteeing trial by jury.
Walter H. Hayes was arguing in behalf
of the demurrer when the court adj