Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1899-03-30

4
MS duty, is too harsh for man.
But the question which / am dis
cussing is not the failure to inform the
authorities, but the refusal to inform
them upon their request. In the Sec
tion above quoted, treating of acces-
sories, 1T is expressly provided that a
person may be an accessory after the
TACT in regard to a mistlemeaDor as we'll
as III regard TO crime, and, while at
common law there may have been no
guilt for such person when the princi
pie offence was misdemeanor, under
our statute by express definition the
accessorial offence extends to misde-
meanors. That section makes any per-
son an accessory who gives aid to an
offender with the intent and for the
purpose that he may avoid arrest
Would the refusal to answer the at
torney-general or his deputy be giving
aid to the offender to avoid arrest?
IF it would be giving aid, then any
person refusing to answer the attorney
general or his deputy would be liable
to the penalties of the section. Ger
tainly. the refusal to give the informa-
tion when required by the attorney
general SO to do, would render The per
son so refusing liable to Indictment
under section of the act; although l
give no opinion as to the probability of
conviction or acquittal under that act.
l merely say that the refusal by the
person to give information to the attor-
ney-general of the commission of
crime or n,isdemeanor of which he has
knowledge, renders him liable to in
dictment under the provisions of sec
tion 2, Revised Code, page 975, as an
accessory to the offence.
aside from the legal aspects of this
question, there is involved a grave
question Of personal duty. On that
question do not assume to advise, as
it does not fall within my functions of
attorney. merely say that if tho
question concerned me personally l
would fully and amply disclose to the
proper authorities in this case tho
attorney general or his deputy--such
knowledge of any effort to bribe leg
islator to vote for "a person named as
United States Senator from Delaware,
as l possessed; but in this matter ]
should observe the greatest caution and
care not to name any person on mere
rnmor, suspicion or vague statements.
The present situation is grave. There
exists popular clamor crying for the
Puhiohihoup VI ouppOo6u pTiD SIS,
''The existence of that popular clamor
should not influence in the slightest
way a person in tho discharge Of his
private duties, and it would be % great
wrong to any citizen of our State if his
name was coupled with this nefarious
business unless his connection with 1T
was plain and unequivocal, and any
person who would communicate the
name of q fellow-citizen to the attor-
ney general in connection with this
business unless the connection was
plain and unequivocal, would be doing
his fellow-citizen an almost irrepara-
BILE injury,
THE above opinion was a purely pro-
fessional matter and my action therein
had nothing whatever to do with politics
or political parties. In the question of q
violated law / would do nothing to sup
press it's vindieation. However dis
tasteful the task, when asked profess
sionally for legal opinion in a proper
case | would not, be swerved from its
expression by any personal or political
considerations.
$50 far as Mr.. Lattomus is CON
cerned. whatever he may have said to
the deputy attorney general, it is not
proper for me to discuss. -
Dover, March 81. State Detectives
B. }. McVey and Walter Witsi arrived
here this morning on the 10 O'Clock
train and Immediately went to the
office of Magistrate John b. Hutton,
where. in consultation with Attorney
General r. G. White, who came to
Dover on an early train, prepared the
following affidavit
State OF Delaware, Kent county, s. s. !:
Belt remembered that on this 9th day
of March. A. D., 1899, personally ap-
peared before me, John B. Hutton,
Justice of the peace of Delaware, in and
for Kent county, Bernard j. McVey,
who, being by me sworn in due form of
law deposes and says that he hath
good reason to suspect, and doth verify
suspect, that Mark L. Davis, late OF
East Dover hundred in the county
aforesaid, on or about the LIST day of
March, A. d. 1899, at the hundred
aforesaid, in the county aforesaid, did
then and there, by corrupt offer of
money, attempt to bribe one Francis
III. Lattomus to vote for John Edward
Addicks for the office of United States
Senator for Delaware; he, the said
Francis ii. Lattomus, then and there
being member of the House of Rep
resentatives of the said State; and he,
the said Francis II. Lattomus, being
then and there qualified to vote for
person for said Office. u.
Bernard j. McVey.
Sworn to and subscribed before me
this day and year aforesaid.
John b. Hutton, Justice Of Peace.
Representative Davis, who came up
from Milford on the S.35 train this
morning, was served notice and appear
ing before Magistrate Hutton, with
Walter H. Hayes as his counsel, gave
hail to the amount of $1,000 for his
appearance tomorrow morning here.
Senator s. John Abbott was his bonds
man.
Dover, March 2S.-Mark L. Davis, a
Union Republican Representative of
this State, who was yesterday arrested
on charge of Attempting by bribery to
induce Francis Ii. Lattomus, Regular
Republican Representative, to vote for
John Edward Addicks in tho recent
Senatorial contest, WAS given formal
hearing this morning before Magis-
trate John b. Hutton.
Attorney General White, in company
with State Defective B. j. Money,
William Michael Byrne and Repre-
sentative Lattomus, came to the mag
istrate's office shortly after 10 O'Clock.
Half an hour later, Representative
Davis, accompanied by his attorney,
Walter II. Hayes Of Wilmington, and
State Senator s, John Abbott of Mil
ford also came to the office. Attorney
| General White asked if everything