Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-19
INDICTMENT AGAINST
H. NJ. WHITE STANDS
General Sessions Court Saturday
Refused The Motion Submitted
By His Counsel to Quash ii.
ARGUMENTS FOR AND AGAINST
BY MIR. Cooper for White and
Mr.. Ward for State.
COURT GAVE AN IMMEDIATE DECISION

AfA01py ihEnD1Ah4 " luc otGcibA GUS
sious Court Saturday, their reasons
for asking for the quashIug of the 10.
dioTment which charges former Levy
Court Comm issioper Henry VI. White
with obtaining money under false pre-.
fences from the county. Tne State was
represented By Attorney General Her
bert II. Ward and DE -uty Attorney
General Robe II. Richards.
MI. Coorer first addressed the court.
After reading the ind ctment, which
alleges that White obtajpsd $50. 70 on
false hill In favor of Harry A. Enos,
and reading the Law On ths subject, Mr.
Cooper began his attack upon the in
dictment. He held that 1t is purely a
statutory offence, and unknown to the
common law. Being such, it has always
been strictly construed both as to words
ana spirit. Its origin and object was
90 protect trade and credit
Mr.. Cooper held that the statute does
not apply TO case Of this kind; that
when il says 'person who shall obtain
from any other person, 10, it assumes
that the "other person" is a private
person or Individual; natural pefs n,
one who 10 capable OF both speaking
and acting falsely, and one who IL
liatle to the penalty OF Imprisonment
and Is capable of committing the same
crime as the person first named. IL
this be SO, il 10 clear that a county
government 1.-THE prosecutor or quasi
corporation cannot commit this crime,
or larceny, which is identical in prin-
oiple. 1t can neither talk, be i'm
prisoped, or be guilty of malicious or
criminal intent. The word 'person'
as used 10 the statute is a person
capable Of all. The intent in this case
~ to defraud the goI ernment OF New
Caste county, which oanrot be con.
strued to be person within either the
words, spirit or operation of the statute
The statute could not apply to a
county unless expressly On stated in it.
The only false pretence alleged is that
the defendant, falsely represented to
George ID. Kelley, the comptroller that
Henry A. Enos had done, performed
and furnished certsin work, and labor
for the county oil New Castle, amount
log to s62. % and thereby obtained his
approval Of the billiard this not by
words, Lut by the simple presentation
{ an alleged false bill
What Is false preteucei is a cues.
tion Of law. IL, from the facts alleged
il Is not a false pretsnce at law, the
indictment must be qusshed.
iai 1t has been decided that where
one has like means of knowledge, or of
naeertainIng whether the pretsnce be
tree or false. the statute does not apply.
his broad rule may perhaps be modi
fed.
ibl But where it Is the absolute legal
duty OF the person to whom it is made
to ascertain the Truth for himself
sworn so to do and bonded for that pur.
poee ana given all the means of 40
doing, the statute does not apply; the
bill oD its face to Harry Enos or bearer,
notified him that inquiry should be
made.
The Indictment alleges all the facts !:
The false pretences to the comptroiler
and b:sspIroval Of the bill; then fol
lows statefnent of the various and
distinct matters: of the approval by
the Levy Court, the order drawn nod
signed and finally as result Of the
whole, the obtaining OF the money from
Horace 9; Rettew, the county treasurer
County Treasurer Rettew, from the
facts, knew nothing of the pretence,
cared nothing for it; all ne knew was
the legal warrant, which he was bound
to ray, pretsnce nr no pretence. Hs
was not influenced by it in the slightest
degree. The cause alleged and the
effect are too remote.
There must be direct or proS innate
connection between the preteucs and
the obtaining OF the money. The false
pretence must be relied upon nv the
person from whom the money is OBJ.
tanned, 1t must prevail upon him and
he the moving cause. His mind must
be affoctsu by 1t and he must part with
the money believing the pretence to be
true.
Test questions: (al Would be have
maid fho ordar .affh1.,t A.. T.
Bound to do 1t. tbl In criminal actions
= a trespass is included. and civil action
also lies. Could White be sued by he
county for this money: and IL so, would
not the production of the legal order be
full delenceY
The only proximate connection, al
alleged in the indictment, is between
the alleged pretence and the obtaining
of the order.
Ii ], by false preteuce, get genuine
check and get it Dashed at the bank out
OF the general funds OF the bank, | am
not guilty Of obtaining, only Of The
check. So here, II it is any offenoe
under tie statute, it would be fol
obtaining the order.
The property or money obtained il
not described in the indictment witt
sufficient PARTICULARLY. 1t must Civ,
the character and denomination Of tht
coin and pf the notes
These are new questions before thu
SQUIRT, and the court should construt
the statute as other courts have con
Btrued similar statutes, strictly suo
favorable to the defendant; leaving out
OF consideration whether there has beer
any other offence committed at the com
mon law or not, and without at TIL.
time suggesting any, II such exists.
But We submit that theirs is ample
remedy or means provided by the
common law to meet just such case al
this.
Mr.. Cooper held that Comptrollal
Kelley was bound by his oath to in
vestigate the bill and espec ally whst
the order was In the name of Euos, 20
bearer. y
THE ATTnBNEY-GEEERAL REPLIES.
Attorney General Ward In replying
to Mr.. Cooper, said the State officer.
had met with difficulty in drawing
the Indictment because New Oastl,
county was neither corporation nor ,
quasi ccrporatiOn. hut simply politi
Gal division Of the State. As the count,
treasurer is the one person who has tbl
county money under his possession, &
was decided to allegs the taking OF th,
money from him. Mr.. Ward considered
the county government as like slo
machine, after the machine had beer
set 10 operation by the fslse pretenc,
to Comptroller Kelley, it automatical,
moved until the money came out.