Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1900-11-29
DR.. MOORE DISCHARGED.


Holds That the Charges Against Him
We're Not Proved.
Special Correspondence OF Gazette and Journal.
Dover, Nov. 27.-The Kent county
Superior Court met here in adjourned
session, yesterday. from the recent Oc-
tober term, to finish the trial of DIR.
Thomas @. Moore, the Union Republi-
can leader of Duck Creek hundred, re
siding at Smyrna. Chief Justice
Charles b. Lore and Associate Judges
Pennewill and Grubb were on the
bench.
The first move was by Walter ii.
Hayes, Of counsel for the defence,
when he filed plea of mot guilty."
Attorney General White read the bill
Of information against Moore, after
which Elisha M. Gregory, the man
whom Moore was charged with influ
encing to register, in 1888, was called.
Gregory testified that DIR. Moore ap-
preached him in the depot at Smyrna,
previous to the last day of registration
in 1898, and asked him if be had regis.
tered, to which Gregory replied that he
bad not. Moore then asked him if he
had dollar would he get registered.
Gregory's answer was that ne would.
Gregory then claims that Moore backed
up against the window of the depot and
pulling from bis pocket an envelope
containing dollar, handed il TO him.
Gregory, however, testified that he did
not use that dollar with which to get
registered, but that ON the last day of
registration sent his daughter, Ruth
Gregory, to DR.. Moore for another
dollar, which the doctor gave the girl,
with the instruction vthat she should
not tell anyone about it.
The second witness was Ruth
Gregory, daughter of Elisha M.
Gregory, aged IA years. She testified
that her father sent her to DIR. Moore,
on the last day Of registration, for
dollar, and that in the course of half
an hour or more, she returned with the
dollar, with the instructions from Dr..
Moore, that she should show it to no
one but her father. The girl told
straightforward story.
Mr.. Hayes, moved for the discharge
OF the defendant on the ground that
the evidence produced was not auffi-
oient to warrant a further holding.
The motion was overruled, and the de-
fence then proceeded with their side
of the oass.
The first witness called was DIR.
Moore. He denied all the charges Of
Gregory and his daughter, stating that
he had never had any such conversation
with either Gregory or the girl. Moore
was asked by Attorney General White
If he knew how binding political
oath was. The defence objected and
the Objected and the objection was sus-
tanned by the court. He was again
asked by the attorney general what in
terest he took in elections, to which
he replied The same interest that all
American citizens should,h
Charles Potts, colored. was called
and questioned by Mr.. Hayes regard.
ing conversation which took place
between Potts and Gregory concerning
the election OF 1898. Potts answered
questions all in the affirmative like.
clock work. In the cross s-examnation
by the State, Potts was asked il he
thought that it was any violation of
the law for man 10 pay registration
fees or assist another one by bribery
at elections. Potts admitted that he
did not think it was violation.
The usual number of witnesses to
prove the good character and reputation
of DIR. Moore were then called by the
defence, all testifying iavcrably. Wit
nesses were also produced to testify to
the character of Gregory, and testified
that it was bad and that they would
not believe him on his oath.
An effort was made by the defence to
show that Gregory had gone by another
name. This was ruled out by the court.
In rebuttal, the State produced wit
nesses to prove the good character of
Gregory, among whom were the best
citizens of Smyrna
The case was submitted to the court
without argument and the judges re-
tired for consultation. After being out
half an hour or more, they returned
with the following decision, announced
by Chief Justice Lore:
"A majority of the court are of the
opinion that the case against DR..
Moore has not been proven aud that he
ought not to Ee convicted. -
y Mr.. Hayes at once moved for his dis,
charge, when the court inquired il |
there was any other charge against |
him. to which the attorney-genera re-
plied that the second case against him |
would be nolle pressed Moore was
then discharged.
The cases against Frank Reiman,
charged with a similar offence, were
also nolle pressed and the defendant
discharged.