Evening journal., 1907-10-30
Garrett S. Wharton, Dover
Republican Worker, First
White Man Convicted
Undir Constitution

several arrests and one or two trials
on such charges.
Chief Justice Lore and Associates
Spruance and Grubb were on the
bench, sitting as judge and jury, and
their verdict was unanimous. Attor-
General Richards prosecuted
Wharton, who when first arr sted, was
dismissed by Magistrate Wood, but
was later rearrested at the instance OF
Deputy Attorney General Hastings and
was held by Judge Pennewin for trial
in General Sessions Court. Walter H. !
Hayes represented Hayes.
Admission BY Wharton
To Wharton's credit, he declared
that he was on his oath and was not
going to say that what the attorney
general was charging was not true. He
did deny, however. ever having made
Hurd fiat offer or promise of money
for his vote. Then came his admission
Of the discriminating notes of Stenog-
rapher c. G.. Guyer that he did say
to Hurd:
We'll, maybe il you vote all right
you will not be forgotten; theren be
something coming your way; probably
1t will be brought around to your house
after the polls close"
William II. Hurd swore that he was
accosted by Wharton on the Saturday
night prior to the general election of
1906, November 3. at the Bayard House
corner in Dover. Wharton said:
Boys, how do you feel?" addressing
Hurd and Louis Hurd. who is no rela-
ton. William Hurd replied he was
sick Of politics. and
I al -
get registered"
Wharton retorted: you'll get your
dollar back and more, too. There Isl
$50 in the field" Wharton thereupon
left, saying he would see witness on
Monday.
/ on Monday evening Wharton called
at Hurd's house, but witness had gone
down town Defendant Counsel Hayes
moved to strike out the call at the
house in the witness absence, and 1t
was so ordered.
Wharton continued down town to the
corner Of Governors avenue and
Loockerman street. Wharton found
Allen Thomas in conversation with
Hurd. Wharton beckoned and Hurd
followed him behind a tall tree. Peo-
pie were passing along the street, but
could not overhear.
Fifteen Dollars Quoted
well, there's fifteen dollars offered"
said Wharton. 1T viii be brought to
your home. The bell will be rung You
come to the door. take up your money.
and ask no questions" Wharton added
that the money would be left immedi-
ately after the polls closed
He retorted, as he withdrew: "Well,
I'll not be bought for that price
neither would a hog nor a cow" he
testified
On Mr. Hayes objection the court
ruled out the question whether he did
not Immediately reioin Thomas, ap-
praise him Of the conversation and go
inform upon Wharton at the office Of
/ County Chairman j. b. Hutton
Two months later. witness swore
Wharton approached him on Phillips
corner, Division street and Governors s
lavenue, and, in the presence Of Howard
Thomas, said:
'Never mind, I've got nothing against
anybody. I'll admit I did try to get
you fifteen dollars. But why did you
give me in? Was it because Of the
principle of the thing or because you
wanted the 500 reward?" Hurd re-
piled that It was because OF the prin-
ciple of the thing. adding: Il want to
see this broken up"
In cross examination Mr.. Hayes at
once took up the Phillips store CONVEX
sation, and caused witness to become
confused as to the language of Whar-
ton during that conversation.
Well did it influence your voter"
he asked finally.
Sustained Important Objection
Mr.. Richards objected and the court
Sustained the States objection-the re-
suit Of the promise need not be shown.
Hurd stated that he had been en-
lployed for several hours as fireman at
the Water Department by the Council
of Dover.
Louis S. Hurd swore that on the
Saturday night in question wharton's
language was: Boys, we've got plenty
Of money and you can have It IL you
want t." Witness could not remem-
Der any other expressions.
The judges frequently delayed the
witnesses to ask questions. Judge
Spruance in particular.
Principle and Reward
]. Howard Thomas. who saw and
! utdIu w ndIlbn anu ituIu IN the Rnil-
lips store conversation. swore that
Wharton said; Don't go or mad. I'm
not mad with anybody" Wharton
added something about the SIS and
said: did you do this for the prin-
ciple of the thing or for the reward
of sl00?" Hurd replied that he want
ed to break it up and get the $780, too.
The state rested aud Mr.. Hayes at
tackled the information and the testi-
mony first because the words offer and
promise meant two different matters.
Ian offer meaning Of something in sight,
land a promise of something in the fu-
ture. The court ruled against him. and
he noted an exception for Supreme
Court.
Hayes made a motion TO strike out
the first count, as there was no evil
dence OF anything having been of
fered." This motion was also lost and
Hayes noted another exception.
The defense opened with Wharton on
the stand. After entering a denial az
20 ever having talked Of money or Of
fered or promised William II. Hurd any
valuable consideration. Wharton added:
Wharton on the Stand
II never offered or promised any such
thing, fOr ] did not have II to give, no.
know who hadsit"
He swore that Hurd followed him up
/, and dsciarsd"that he (Hurd) was IS