Evening journal., 1901-12-14
INDICTMENT
ALSO STANDS
mo QuaShing by Court in
White Case
Ills COUNSEL ARGUED LONG
Probable That Trial Of The Case Will
Follow Lynn Hearing Other
Court Matters
Ills COUNSEL ARGUED LONG


ing Alexander 3. Cooper and John III
Rodney attorneys for Harry III. White
q argued for the quashing Of the indict-
nent charging Mr.. White with having
u obtained money from the county under
false pretenses.
Mr.. Cooper began attacking the in
dictment by holding that the crime
81 mentioned therein is statutory and un-
# known to the common Jaw.
Being such,' said Mr.. Cooper 1T
NJ has always been strictly construed
ri both as to words and spirit. Its origin
q and object was to protect trade and
#fsredit"
Continuing, Mr.. Cooper held that
he statute does not apply ia
zi case of this kind; THAT when
Z says person who shall obtain
rom any other person, etc, it assumes
81 me 'other person" is a private person
81 individual, natural person one
u VINO IS capable OF both speaking or act
III ng falsely. and one who is liable 10
The penalty Of Imprisonment. and is ca
pable OF committing the same crime as
fhe person first named. If this be so
ny IS Gear that county government
uhe prosecutor) or quasi corporation.
fannot commit this crime. or larceny
#whieh is identical in principle 1t can
'leither talk, be imprisoned nor be guilty
III malicious or criminal intent The
sWofd person, as used in the statute
is person capable OF all The in
ent IN the case is to defraud. which
#xfnment OF New Castle county. which
cannot be construed to be a person
Anwlthin either the words, spirit or oper-
n #eation q the statute. The statute could
#not apply to a county unless express
y lY so stated in it.
The only false pretense alleged is
VI hat the defendant falsely represented
n = George ID. Kelley, the comptroller.
ltnat Henry A. Enos had done. perform
&ed and furnished certain work and la
#sbor for the county of New Castle
#1amounting to $62.25, and thereby OBJ
sltaincd his approval of the bill. and
Ssthls, not by words, but by the simple
presentation of an alleged false biz.
What IS false pretense2 is a ques-
n tlon OF law. If from the facts alleged
#it Is not false pretense at law. the in
Mdlelment must be quashcd (A) 1t has
4 8bcen decided that where one has like
Imeans Of knowledge, or OF aseertaining
4 whether the pretense be true or false.
the statute does not apply. This broad
rule may, perhaps, be modified.
tBl Where it is tine absolute legal
Nduty of the person to whom IL is made
TO ascertain the truth for himself. has
Hsworn so to do and bonded for that
Bpurpose, and given all the means of SO
8doing, the statute does not apply; the
bill, on it's face, to Harry Enos. or
Nbearer, notified him that inquiry should
be made
4 The indictment alleges all the facts.
#the false pretenscs to the Comptroller
and his approval Of the bill: then fol-
/ lows a statement of the various and
district matters of the approval by the
Levy Court tine order drawn and sign
FED. not finally, as a result OF tine whole.
the obtaining of the money from Hor-
ace g. Rettew, the county treasurer.
County Treasurer Rettew, from the
facts. knew nothing Of the pretense:
cared nothing for lit: all lie knew was
/ 1.-THE legal warrant, which he was bound
TO pay, pretense. or no pretense. Hel
gwas not influenced by ii in the slight |
fest degree. The cause alleged and the
beffect are too remote.
There must BE- a direct or proxi !
mate connection between the preteuse
and the obtaining Of the money. The |
+ false pretense must be relied upon bv
the person from whom the money IL oh |
tanned. It must prevail upon him aud
be the moving cause. His mind must
be affected by it and he must part with
the enemy. believing the pretense to be
ltrue
Test questions-(A) Would he have
paid the order without the pretepse2
Bound to do it. tB) In crimina, actions
trespass is included, and a civil act
ALSO lies. Could White be sued by the
county for this money? And. if So.
would not the productions of the legal
order he a full defense?
''lhe only proXimate connection. as
salleged in the Indictment. is between
the alleged pretense and the obtaining
of the order
''If l. by false pretensc. get gem
uine check and get it cashed at tho
bank out of the general funds Of the
bank. / am not guihy Of obtaining only
of the check So here. if it is any Of |
fense under the statute, it would be
for obtaining the order.
"fhe property or money obtained Is |
not described in the Indictment with
otticial particularly. 1t must give |
the character and denomination of the
coin and Of the notes
THESE are new questions before this |
court. and the court should ccnstlue
ttbs statute as other courts have con
sirued similar statutes. strictly and
favorably to the defendent having out
Of consideration whether there has
been any other offense committed
against the common law or not and
without at this time, suggesting any. |
if such exists But we submit that