Evening journal., 1910-10-15
JURORS DIFFER
in PERJURY CASE
Unable to Reach Verdict in
Trial Of JOhn.H. Rash at
GeOrgetsWn
GREW OUT OF WHALEY
ALLEGED BRIBERY CASE

Special to THE EVENING JOURNAL.
GEORGETOWN, Del, Oct. 15.-
After being locked up over night,
jury this morning reported its inability
to reach a verdict in the case of John
H. Rash, of Laurel. who was tried on
a charge of perjury growing out Of
an alleged bribery case in which he
was a witness a year ago.
Rash was the prosecuting witness
in the case Of the State VS. Howard Q.
Whaley, of Laurel, who was charged
with violating the anti-bribeE sec
tion OF the State Constitution, which
came up before the Court OF General
Sessions on October II, last year. At
that time, It is alleged that Rash CON
tradicted his own evidence on the wit
ness stand, also statements which he
made TO ACKNOWLEDGEMENT Gray, just
before the court opened, and also re-
pudiated parts of a stenographic re-
port of his examination by Charles s.
Richards of this town, then deputy at
torney-general, in Laurel, on Novem-
Der II after the election.
The charge against Whaley, IN
which Rash was the star witness, was
that Whaley, on November 3, the day
of the last general election, paid Rash,
i'm Laurel, $40 TO influence him to vote
the Republican ticket. The steno-
graphic report of Rash's examination
by Charles s. Richards I'm the Laurel
House. on November II, following the
arrest OF Whaley, as read by the at
torney-general at the trial of Whaley,
was 10 the effect that Whaley on cleo
ton day told him that he would give
him $40 to vote a certain way, and
that after he had voted Whaley gave
him two SIS notes. At the trial Rash
denied making a statement that the
$40 was given for his vote. He ad-
mitted that Whaley gave him the
money and identified two S5 notes
which he had turned over-to the at
torney-generaI and which he (Rash)
said he had marked with the letter
-" for Identification. Rash, at the
trial of Whaley, when asked by Mr..
GRAY If Whaley had offered him SO,
replied that he had not. He said, on
being asked. what did he offer 1t to
you for?" 81 don't know he re-
piled.
Attorney-General Gray was so sur
prised at the turn of Rashs evidence
that he abandoned the case against
Whaley. Later he caused Rash's ar
rest on a charge of perjury.
Walter H. Hayes, Wilmington at
torney was counsel for Rash, while
the State prosecutors We're Deputy
Attorney Generals Jones, OF this town,
and Harrington, OF Dover.
The witnesses for the State yester-
DAY included Charles S. Richards, Jr.,
who examined Rash two years ago;
! William It. Kurtz, a Wilmington law
YER active IN the Anti-Bribery League
who was present at the time; Georg'
! Dorsey, stenographer who took Rashl
statement. and Court Stenographe
Hardesty They told and read from tn
statements and testimony OF Rash
was brought out that Mr.. kurH wa'
present to give evidence for the state
Rash was the only witness Tor th'
defense. and could remember little o.
what he said i'm his preliminary eX'
aminations or at the Whaley trial.
The case was given to the Jury
about 6 o'clock, and at 1880 O'Clock
thew we're locked up for the night be-
ing discharged about IL oloc'ck this
morning.