Smyrna times., 1899-11-15
MOORE'S CASE WITHDRAWN.
BAIL BOND INSUFFICIENT TO HOLD HIM so
THE CASE Was N0LLE PROSSED.
All the Bribery Cases Discharged Said to
Have Cost Kent County $4,000 to
Prosecute.


After occupying the attention of the
court for a week and a half, the
sO-called election cases came to an end
ing Wednesday, when the case against
Dr. Thomas @. Moore was noLe
pressed by Attorney-General White,
after the majority of judges handed
down a decision that the bail bond
holding DIR. Moore for the upper court
was insufficient. Chief Justice Lore
held that the bond and records of the
justice of the peace should be admitted
in evidence, but Justices Pennewill
and Boyce took the view that the bond
was the only record of the court below
admissible as evidence at the time, and |
it was incomplete. In accord with |
this decision the case against Peter W.
Downes, colored, based upon the same
contention, was also nOILe pressed.
After the defense had presented its
case, Frank Reiman was dis
charged, because a reasonable doubt
of his guilt existed in the minds of his
court Chief Justice Lore and Judge
Pennewill expressed that there was a
reasonable doubt in the minds of a ma
jority of the court, and Judge Boyce
dissented. His position was for con-
viction, it is said To secure a convic-
ton, all three judges would have to
concur in the verdict, under the con-
- fhe
stand that he offered or promised
money to Carter, but he said Carter
approached him and offered to dispose
of his vote, which was proven by John
Wood.
The case against DR.. Moore was
withdrawn or rather notLe pressed be-
cause of insufficient evidence. Alto
gether the cases have cost Kent county
some six thousand dollars to prose-
cute.
Immediately after the Courts decis
ion, Messrs. Hayes and Ward received
numerous congratulations. Chief JUS
tice Lore said the argument on both
sides exhibited great learning.
The Plea in Abatement.
The sudden drop in the DR.. MoOre's
election case is briefly explained as
follows:
Complaint was made by Bernard
McVey, State detective, on April II,
1899, that DIR. Thos G. Moore on Aug.
/, 1898, used money to influence GER
tain persons to register as qualified
voters in 1st Republican Election dis
trict in Kent county, Del.
The charge was brought by the COM
plainant before John B. Hutton, JUS
tice of the peace at Dover, and Esquire
Hutton issued the arrest warrant to
Walter Wltsel, State detective, who
made the arrest April IS, 1899 and at
7.30 A. NJ, appeared at the Office OF
E. V. Cooper, justice of the peace,
with DIR. Moore in his custody.
DIR. Thos. G. Moore waived hear
ing and was held in bail bond to an
swer at the ensuing Court of General
Sessions, April "a, 1899. e. " Cooper,
the justice before whom he was brought
could do no more than recite in the
bail bond the same charge written in
the arrest warrant by John b. Hutton,
ESQ.,, who issued the warrant, viz
''By the use of money did influence
certain persons to register as qualified
voters &c.-not giving the names oi
the certain persons" If the names
of the certain persons" had appeared
in the warrant, their names would alsC
have been written in the bail bond.
When this defect in the bail bond ap
peared, the State proceeded to prov
by the records in the case from the Of
fees of Magistrates Hutton at Dover
and Cooper at Smyrna, that the "cer
tain persons" in the recital, were the
identical persons named i'll the indict
ment, but the proceedings were blocke'
by plea of abatement on the part OF tn
defense, that nothing outside of tn
recitais in the bail bond could be ad
mitted in the case as against ther
clients.
The case was ably argued by botl
sides until noon of last Wednesday
when the Court took a recess until
P. NJ, at which hour the court woul'
De ready to make ruling.
Court was called at p. NJ, and eac
Judge gave his opinion of the questio
at issue, and ruled that the record evi
A oence, as claimed by the State, coul
Z. not be admitted; that the action mus
I De confined to the bail bond. Th
! otate, rather than go over the Who'll
I course to reach the same point in th
A proceedings, asked for and obtained
n nofte prosequi, so the bottom droppe
out.
had Magistrate Hutton recited ]
his arrest warrant, the names of cel
sain persons, their names would hay
appeared in the bail bond executed b.