Evening journal., 1909-10-12
cIlnnEN ENn OE
JUUULlY LIVU vi
ELECTION CASE.
Attorney General AbandOns
WhaIey Trial After Sur
prise From John Il.
Rash of Laurel
DENIED STATEMENTS
ACCUSING WHALEY

Special 20 THE EVENING JOURNAL.
GEORGETOWN. Del. oct. l2.-The
principal witness for the State tesufying
exactly contrary to what Attorney-Gen-
eral Gray had expected. the attorney
general yesterday afternoon abandoned
the charge of briblng a voter against
Howard G. Whaloy, OF Laurel whose
case was called to trial before chief Jus
tice James Pennewil and Judges Victor
b. woolley and Daniel .. Hastings.
John H. Rash. OF Laurel. was tho
States star witness who upset the plans
OF the prosecution and took the attorney
general by surprise. Yesterday he denied
absolutely the essential points OF a state
ment accusing Whaloy Of bribing him.
which he made before then Deputy At
torney-General Sudler Richards. after the
election Of 1905.
! Rash. however. testified that Detective
Won Leer had promised him 500 TO make
out a case against whaley. Won 1eer is
/ the Philadelphia detective who worked up
several alleged bribery cases for the Anti
Bribery League and the attorney-gen-
erals office in Sussex county Won Loer
was not present yesterday afternoon dur
ing the whaley trial
Attorney General Gray and Deputy Al
torney-General Whitley, OF Georgetown.
appeared for the State. and David J..
Rclnhardt, Of Wilmington. and Daniel j.
Layton. Jr, OF Georgetown. represented
Whaley. The Whaley case came over from
the spring term Of court by postponcment
John H. Rash was the only witness
called by the State The court room wa
crowded when the case was heard. Rasl
early Ia his testimony cut the props from
under the prosecutions case. lie tostife
that on election day, 1908, in Laure
whaley approached him and gave him 81
( He said whaley did not specify what Il
: $40 was for nor did he say It was f'
n Rash 20 vote the Republican ticket. RAJ
's said whaiey owed him much more th'
n ten dollars. but did not say the so W
n on account Of that debt.
Two hvc dollar bills marked for idcni
IS ncahon we're offered IN evidence by A
n ornoy-Gencral Gray and were identih,
x by Rash as the money whaley had give
= him. which he had turned over to Dete'
y tive Won Leer and Deputy Attorney-Ger
cral sudler Richards
Attorney General Gray then produced
statement that Rash had made TO Dcput
Attorney General Richards at an eNamin
alton preliminary to the arrest Of Whale!
and which led to Whaley's arrest. a
that examination. according TO the state
ment. Rash swore that Whaloy had ap
preached him on election day IN Laure
and offered him $40 10 vote the Republi
can ticket Rash said he told Whaley h'
didn't want promises. but wanted IN
money. He said that Whaiey told him h
would get the money. Rash al the pre-
liminary examination also swore he vote
and then received $40 from Whaiey dow
! by a woods The money was given to Nj
I Richards, II being two FIVE dollar notes.
! Rash In his testimony yesterday denie
Q that he had made many of the statement
taken by Mr.. Richards. Notwithstandin
? the surprise by this shifting on the pan
Of Rash. Acknowledgement Gray put Ras
d through a grueling examination IN whic
Rash repudiated many OF the essentii
parts OF the statement taken at the PR
liminary examination before Mr.. Rlcl
ards. he being questioned as TO eaC
d statement in the record taken before NJ
!. Richards.
n Rash. however testified that Detecti'
d Won I.eer had hired him to make out
Q case against Whaley and had promise
him sio0 TO testify against whaley.
" Mr.. Reinhardt cross-examined Ras
d and asked about conversations Rash ha
q with different persons 70 the effect th'
whaley had not asked him to vote Il
Republican ticket
After the cross-eXamination Attorney
General Gray in disgust abandoned I'll
case From the testimony have hear
today on the witness stand and takin
the testimony I had before me from III
preliminary examination conducted b
Z Mr.. Richards. cannot conscientiousl
p" ask the court 10 render a verdict OF guilt
in this case" said Mr.. Gray. Il shal
therefore. abandon the case
Mr. Reinhardt then asked for verde
Of not guilty which was ordered entere
by the judges who heard the case Will
\ out the Intervention Of jury.
q II will be recalled that the Corderey a
legged bribery case terminated in the sam
manner in the spring a witness givin
. unexpected testimony.