Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-09-25
CONSPIRACY CASES DROPPED
State Asked for Continuance
Because Material Witt
ness Was Absent.
COUNSEL FOR MCDANIEL,
BOYD, EFT AL, READY
Absent Witness Was Monty
aloo A. Cole, Who Kept
Sheriff'S Books.


aioo A. Cole, Who Kept
Sheriff's Books.
Sensational Ending OF the Cases Against
Sheriff Mcdaniel, Mayor Boyd and Rash
and Wigglesworth. Who Were Charged
With Conspiring 10 Secure Se,5o0 From
New Castle County by Means OF a Alleged
Fraudulent Bill Tor the Board of Migrants
ut the jail.
The case of the State VS.. Evan g.
Boyd, Samuel A Mcdaniel, Walter
Rash and B. Harvey Wigglesworth,
charged with conspiring to obtain
$500 from New Castle county by
means Of an alleged fraudulent bill for
the board and lodging OF Migrants,
was dropped in General Sessions Court
Monday afternoon, on account OF the
ruling of the court that the trial 90
on at this term despite Attorney Con
oral Wards statement that one or two
material witnesses were absent. This
action caused a great deal of surprise
and much interest about the Court
House. In view of tine fact that the
defendants secured continuance at
tine May term on the ground that they
were not ready for trial, the State then
being ready, there Is q feeling that
the court might properly have given
the State the benefit oil continuance
in order to present tho evidence upon
which the grand Jury in May found
the Indictment.
Attorney General Wards investiga,
tion of the enormous bills for the
board OF prisoners at the Jail, followed
the publication OF articles on the sub
iect in Every Evening, and led 10 the
framing of the indictment alleging
that Mayor Evan G. Boyd of New
Castle, Sheriff Samuel A. Mcdaniel,
and Walter Rash and Harvey Wieeies-
worth, who had been wardsns at the
New Castle Jail, conspired together to
secure $500 from the county by means
of false bill
At Monday afternoons session OF
Che court, Attorney General Ward
moved for continuance of the case on
the ground of the absence OF one or
two material witnesses, saying that he
could not safely go to trial in the alb
sence Of thoss witnesses. One was
absent on account of certain obliga-
tions: the other was absent under con-
ditjons over which Mr.. Ward had no
control. The State had tsen ready at
the May term and believed 1t would
be ready at the November term.
The defendants were repres ented by
William S. Hilles, Anthony Higgins,
Alexander b. Cooper and John ii.
Rodney. Mr.. Hilles opposed the appli-
cation for q continuance, and said he
had suggested to the attorney general
at the last term to lock up the wit
nesses. fle declared that the defence
had prepared at great Inconvenience to
try the case at this term and was
ready to try it. He asked that the
| attorney general give the name of the
witness or witnesses and also what he
| proposed to prove by them. A state
luent from the attorney general would
be accepted in place of the affidavit
usually required.
Mr.. Cooper quoted to the court Sec
tion II of chapter 1l5, as follows:
| If any person shall be committed
for treason, or felony, and shall not
be indicted and tried at the next term
of the court whore such crimes are
cognizable, he shall be set at liberty
on hail, unless it appear BY affidavit
| that the witnesses for the State mann
ing them) could not then be had and
If such prisoner shall not be indicted
and tried at tho second term after his
commitment, he shall be discharged
from prison.
Attorney General Ward opposed the
| giving OF the name of the absent wit
nesses, saying the defence could have
witnesses and was not forced to divulge
their names or what they were to
| prove. He felt that it would be i'm
proper for him to give the names.
But the court saw no Improperly and
directed that he announce the names.
Mr.. Ward then stated that one OF
the absent witnesses was Montyaloo A..
Cole, who had been the bookkeeper for
the sheriff in the quarter in question,
who kept the list of dodgers and made
out the commitments. Mr.. Ward said
that he expected to prove by Cole that
the list of the dodgers which wore put
in the sheriff's books we're fictitious
almost wholly, and were not tho names
of persons who were in the Jail that
he made out the commitments for these
dodgers in blocks, whenever it suited
his convenience and that of the jail
officers, and then they were taken to
Mayor Boyd for his signature; that as
q matter of fact, with minor exceptions
there were no commitments for these
dodgers.
| The judges consulted together and
then Chief Justice Lore said "We
think this case should DO tried at this
term of court" The court is under
stood to have made this decision on the
basis OF the section cited by Mr..
Cooper and all the circumstances Of
the case.
Thereupon Attorney General Ward.
having said that it was impossible tc
go to trial safely without Cole entered
nolle prosequi in the case. There
were two indictments similar ir
character and both were dropped.
This is the end of the indictments
found at the May term. but it leaves
the State open to take action before
the grand Jury at the next term.