Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-05-29
Charged by the Grand Jury With
Conspiracy to Defraud
the County Treasurer.
PATRICK FAHEY ALSO INDICTED
Mayor Evan G. Boyd of New
Castle, and B. n. Wiggles-
worth and Walter Rash,
Former Jail Employees,
Are Indicted With
the Sheriff.


lowing iindings;
Patrick Fancy, subornation of per-
jury That at the November term,
1901, in case charging John Lynn
with obtaining money under false pre-
fences, Patrick Fahpy, 'tEeing person
of an evil and wicked mind and dis
position, and deyising and intending
as much as in him lay, to peryert the
due course of law and Justice and to
cause and procure the said John Lynn
to he entirely acquitted, > did cnGeayor
to persuade Frederick Nansant to swear
falsely US to incidents at the residence
OF John Lynn in October, 1870, con
corning the alleged paymt mt by Lynn
OF a56 to L. NJ. Whiteman. Tho indict-
mont goes on to say that Nansant did
swear that between October 10Th and
18th, 1900, he heard conversation at
Lynn's concerning tho payment OF e56
by Lynn to Whiteman.
The Indictment declares that the act
of Fahey in suborning Nansant to per-
jury was tto the great displeasure of
Almighty God, the evil and pernioious
example of all others in like cases
offending and against the act of
General Assembly," &c.
sHERIFE AND oTn RS INDICTED.
The jury also brought q true bill
against Samuel A. Mcdaniel, Evan
q. Boyd, b. Harvey Wigglesworth and
Walter Rash, charged with conspiracy.
:, capias was issued forthwith. They
are charged with unlawfully conspir
ing, combining and agreeing by false
pretences, for use and benefit OF S, A.
Mcdaniel to secure from Horace G.
Rettew, receiver of taxes, 81, 500, by
false statement and bills ending juno
31th, 1901. The method is alleged TO
have been the falsely, fraudulenGlv and
knowingly padding of bills for the al
legged number Of Migrants lodging and
prisoners being ana remaining in the
Jail of New Castle county from day to
day in and during q Ieriod of three
months.
Samuel A. MCDANIEL is the present
sheriff Of the county; Evan Ct. Boyd is
mayor of New Castle, b. Harvey Wig
ellsworth was the former chief warden
of the county jail and is now warden
at the New Castle County Workhouse.
| Walter Rash was "a former warden of
the jail and is now in the service Of
the Wilmington City Railway Co.
Tho grand jury was discharged until
3 O'Clock. Mr.. Ward said that the
I tctAbt lthi SolhD illulNbiitllIS ~ ubslTtu
to draw.
After the indictments had been
handed to the court, Sheriff Mcdaniel,
who had Eeen apparently very nervous,
went to Attorney General Ward and
wished to know how much bond no
would need.
"Ahout 81, 00o,', said Mr.. Ward.
60 amt going to run away" added
| the sheriff, who offered his two brothers
as security, and the attorney general
| told him to have them in court Mon
| day afternoon.
Then Mr. Ward moved for capiases
I for the four men indicted for con
1 spiracy, and they were ordered issued.
I They will have to he served by the
coroner, because the sheriff is party
| to the case.
WHAT THE INDICTMENT AvERS.
The conspiracy indictment avers that
Mcdaniel was sheriff, Wigglesw orth.
and Rash, wardens, and Boyd, mayor
of New Castle, at the time IF the
alleged offence; that in pursuance of a
conspiracy, Il false, dcceitful, fraudu-
lent and padded bill of Mcdaniel as
/ sheriff for the three months, ended
June 30th 1901, was presented to
Comptroller George ID. Kelley and to
the Levy Court, to secure their ap~
| proval and the consequent payment
thereof; that the bill set forth the pre-
tended and therein alleged number Of
Migrants lodging and prisoners being
and remaining in the jail for the three
months; with intent then and there by
means of the said false pretences to
cheat, and dofraud Receiver Of Taxes
and County Treasurer Horace G. Rettew
of the said sum Of money, to the evil
example of all others in like cases
offending.
After the return of true hill, Mon
day, against Sheriff Samuel A. Mo.
Daniel of New Castle county, Mayor
Evan q. Boyd of New Castle city,
Harvey b. Wigg,esworth, u warden al
the worlShouse formerly warden al
New Castle Jail, and Walter Rash. ar
employe Of the Wilmington City Rail
way, formerly warden at the New
Castle Jail, on the charge of conspirins
TO secure 50, 800 from County Treasure
Horace G.. Rcttew by means of PADDED
, bill in the name of Samuel A. Nc
Daniel, Coroner John L. Friek and hi
deputy, James L. Chandler, received
the capiases for service. The reason thu
,, capiases we're turned over TO the oorone
and his deputy was that the sheriff
who ordinarily serves such papers, wa,
+ party to the action, and hence dis
! qualified as to it. But the coroner an,
mis- deputy had little trouble, for nj
four men surrendered themselves.
Near the close of Monday after
= moons session of General Session
r Court, the four defendants appeared
/ and each of them bonded in the sum @
a 81 800 for appearance when needed
= Alexander B. Cooper represented Mayo
4 Boyd ana John Ries of New Castle be
4 came the surety. William H. Heal
4 represented the other three defendants
: Montgomery Mcdaniel became suret
= for his brother, tho sheriff Jane
Kitchen bonded for Wigglesworth, an
i NJ. Howard Jester and James +. Moor
. for Rash. Each bond was for 81, 50l
. and the various sureties informed th
: court that they were worth tina
4 amount in real estate clear Of encum
: brances.
n After signing the bonds, the defenG
Il ants were allowed to 90.
n Much interest is added to the cas-
q because Montyaloo A. Cole, the sIaye
/ of William A. Montague, came back [
Wilmington, to tell, as is believed
!. what he knows of bookkeeping methoC
v at the Jail.
q coRREoTED CONSPIRACY INDICTMENT
s Monday afternoon the grand iur
y returned another true bill again:
Is Samuel A. MCDANIEL, Evan q. tsoyC
II Harvey b. Wigglesworth and Waite