The sun., 1900-05-04
.NH|TEFA|LS TOGET DR.NOORE
Kent County Judges Refuse to
Grant the AttOrney-General
a Capias.
HELD FOR TEE OCTOBER TERN
Letter From Hayes and Ward Shows
That the Doctor Was Not Bound
Over to the May erm---Argu-
ment Set For Today is Not
Expected to Change the
Courts Opinion.
From The Sun STAFF CORRESPONDENT.

From The Sun staff CORRESPONDENT.
Dover, Del, May 3.-When Attorney
General Robert G. White convinces the
judges of the Court of General Sessions
of Kent county that he has conformed
to the provisions of the State constitu
tion in the preparation of the case
against DIR. Thomas G. Moore, of Smyrna,
charged with bribery, he may be given
an opportunity to prosecute the Smyrna
physician.
The Court today discovered from in
formation furnished them by Herbert H.
Ward and Walter H. Hayes, attorneys
! for the defense, that DR.. Moore was held
in bail to appear before the next term
of Court, which term will be called in
Dover in October.
Attorney General White is anxious to
try Dr. Moore. His anxiety seems to
have destroyed his ability to proceed
along the proper legal lines. The judges
are In receipt Of letter from Messrs.
Hayes and Ward conveying the informa.
ton that an examination Of the rec0g-
nizances of bail and the information
filed against DIR. Moore disclosea the fact
that DR.. Moore was bound over to ap.
pear at the October court and not the
May term.
Mr.. White was provoked at the pros.
pect OF further delay. Mr.. White is am
Ditous. Here was chance to prosecute
a famous case. A chance to better the
attorney generals political prospects,
Ambition often goeth before fall Cir
cumstances are certainly Disappointing
to Mr.. Whites ambition and incidentally
to those who are associated with White
in this prosecution.
|
effort to get Dr. Moore into court at this
term. He applied to the judges with a
motion to issue cap:as for the alleged
briber. 1t was to be forthwith sum
mons and aimed to bring the physician
into court TODAY. With that motion the
case came squarely before the court aad
Presiding Judge Spruance read the fol-
lowing letter:
"Tu the judges of the Court of General
Sessions OF the State of Delaware in and
Tor Kent county:
"Dear Sirs-We are in receipt of a
communication from Honorable Robert
q. White, attorney general, intimating
that he desires to try DIR. Moore on the
charges against him upon the informa-
tion filed yesterday at the present term
of court.
AN examination Of the recognizances
OF bail and the information which fol-
lnws the same discloses the fact that Dr..
, Moore, was, on the twenty-sevehth day
Of April last past, bound over to appear
At the next term of the Court Of Genei al
Sessions for Kent county. As We read the
statutes in this behalf, there can be no
question but what the next term Of the
Court of General Sessions for Kent
county will be held in October next, and
a sl..,N i
the constitution, to support an informa-
tion filed, or trial had, at the present
term for the offense charged against DR..
Moore.
II "Mr. White writes us that no day has
been or can be set by the court to hear
these cases. We now suggest to the
court that no trial can be had at the
present term. We do this for the con-
venience OF court, and SO that there NAV
be no uncertainty as to our position in
this matter. We have mailed Mr.. White
copy of this letter. We hope that this
letter will make our attendance nnnecee-
gary at the present term. We have ad-
vised our client to appear only upon
notice from us in view of the terms OF
his recognizance."
, We remain yours very respectfully,
w. II. HAYES,
( III. II. WARD.
Wilmington, DEL, May /, 1900.
The Motion was Refused.
Attorney General White believed the
bail bond capable of Interpretation as
meaning that DIR. Moore was held ''for
the next court" which he held to mean
the May term.
Judge Grubb informed the Attorney
, General that magistrate was compelled
to follow the language of the Constitu-
tion. Under the Constitution DIR. Moore
would certainly seem to be held for the
October court. The entire court agreed
with Judge Grubb and after short con-
sultation Judge Spruance announced
that the Court refused to take cognizance
of the Attorney-ieneials motion for a
forthwith capias. However, tine Court
was inclined to allow argument as to
whether the trial should be at this term
or the October term and in Difference to
Attorney. General Whites desire tele,
gram was Sent to Messrs. Hayes and
Ward requesting them to be present to-
morrow morning.
1t was stated by the Court that Messrs.
Hayes and Ward will not appear tomor-
row morning for their client, but will
make what is legally known as a ''spec-
ial appearance" merely for the puipos-
: of argument. II is the general opinion,
! gathered from the attitude Of the court
today, that the case will be deferred un-
Til next October.
Had the Man Arrested.
T. G. Bradford, bicycle dealer, of this
i. | ciLv has hau w 4 Tnuyan nf A Her =