The Wilmington daily Republican., 1901-12-14
INDICTMENT
SUSTAINED.

Court to day made argument to
quash the Indictment against Harry
NJ. White. for obtaining money un-
der false pretenses. Mr. Cooper
first addressed the Court and said
If be was allowed his own way and
was not Interrupted he could con-
clude his argument in an hour. Al
ter reading the indictment which
alleges that White had obtained
$62 Is under false pretenses or on
false bill in favor Of Harry A.
Enos,. MIR. Cooper held that 1t 10
purely a statutory offense, unknown
to common law, and has always
beer strictly constructed both as
to words and spirit. The origin
was to protect trade and credit.
He held that it did not apply to a
case Of this kind, when il says. "a
personwho shall obtain from any
other person, in a private person or
individual one who is capable OF
both speaking and acting falsely
and one who is liable to the pen
atty Of imprisonment and capable OF
committing the same crime as the
porson first named..
1t is clear that a county govern
ment, Ohe prosecutor) or quasi
corporation cannot commit this
crime.
The indictment alleges that the
defendant in this case obtained
money from County Treasurer Ret
tew under false pretense. This
Mr.. Cooper held could not be. 1t
anything had been obtained falsely
it was the signature OF the Comp
troller. lie did not make any false
pretense to Horace G. Rettew, as he
simply presented check and 1T was
paid without a word, Thereby
Mr.. Cooper held that the ind,ct.
ment should be quashed as it alleg-
ed he deceived Rettew. If a person
by false pretense should get geo.
zine check and get it cashed at the
bank, he is not guilty OF obtaining
money, only the check
Several questions before the court
were new ones and Mr.. Cooper asked
that the statute be construed as other
courts have construed similar statutes
strictly and favoably to the defen-
dant leaving out of consideration
whether there has been any other Of
fense committed.
In reply Or. Ward said that it was
impossible for White to have gotten
this money without false pretense.
After the bills left the hands of the
comptroller the money had to be paid
as if it came from a slot machine De-
ceive the comptroller and the machine
will pay the money. The machine
was set in motion by this false pre-
tense and the machine in regular
manner paid it out automaticly. Mr..
Ward sighted a similar case In New
York whore a false prctrnSe bill was
presented to the Mayor by Jeanette,
and money obtained on it.
Mr.. Ward said that it certainly
was not lawful for any person to OBJ
tain money from the county govern
ment falsely or for work that never
had been done and go unpunlShed.
This indictment was drawn In the
only possible manner and was done
after weeks Of tudy and advice from
able persons aud Mr.. Ward said if it
fails there is no other possible way
to indct Mr. White.
Unless the general scheme of the
Indictment holds it will be impossi-
ble TO prosecute any person who Sc
cures money falsely from the county
and they must 60 unwhipped of jus.
tice.
Mr.. Ward agreed that the county
was not a corporation or person who
could be indicted so the indictment
| had to be drawn that he defraudcd
one of its totlicers,
After MIR. Ward closed, Mr..
Cooper said that II the in
dlctment is detective under this
statute. it is not any fault of his
nor of the courts. but the lault of
the Legislature,
The court retired to their parlor
and after being absent but a few
minutes. gave their decision which
was that they did not see any rea-
son why the indictment should be
quashed.
Mr.. Cooper's argument was a
strong one and many persons
thought that decision Of the court
would be in his favor.
The court 10 answer TO a uues-
ton Of Mr., Cooper's said it was
impossible to note an exception to
the verdict, which means there is
no appeal.