Every evening, Wilmington daily commercial., 1922-11-29


the said council Of a plan for the con-
struct,On of a garbage disposal plant
OF the said type or kind known as
Davis plant. and thereby TO commit
the uffense OF bribery.
There are severa; counts in the in
dictmeui, but We think II would con-
fuse rather than help the jury to state
specially the charge in each count.
Il is sufficient TO say that under the
indictment the defendants are charged
with Conspiring together by the offer
Of rewards TO bribe, or unlawfully and
Corruptly induce, either a member OF
members of the Board Of Health. or a
member or members Of the City Coun-
/ ell of the City OF Wilmington. or
members Of both the board and Coun-
Gil TO officially recommend. vote for.
agree to or approve the adoption or
construction Of a garbage disposal
plant Of the type or kind known as
the Davis plant.
Such are the charges against the
| defendants, 10 which two OF them.
/ Abram +. FrantZ and Howard K.
Frantz. have pleaded not guilty. and
/ 20 which the remaining defendant.
Henry B. Hook, has pleaded non con-
iendere. The plea Of non contendere
Is virtually plea Of guilty. and YOU
may SO regard it FOR the purposes OF
| this case.
Abram +. FrantZ and Howard r.
] Fran:z. TWO Of the defendants. 10y their
plea deny that they are guilty Of any
Of the charges contained in the in
dictment and insist that they did not
1 enter into any conspiracy or agree
ment with Henry y. Hook or any
other person 10 unlawfully and
wickedly induce any member OF the
Board Of Health or, Of the City Coun-
Gil Of the city OF Wilmington. by the
offer Of reward, or by any other i'm
proper means. 20 recommend. vote
for. agree 20 or approve the adoption
or construction OF a garbage disposal
plant Of the type or kind known as
the Davis plant.
The law applicable TO a case like
This IL we'll settled in this State by
the following cases: State Y. Adams
et a.. ! Hous, Grim. cases. SOL,
Steigler, et al Y. State, Boyce. 236:
Ste!gler. q. al. Y. State. ! Boyce. o26,
Quoting from the charge delivered
by the Court in the Cole case we say.
"A conspiracy is the combination o,
two or more persons 70 do either an
unlawful act' or a lawful act p,
criminal or unlawful means with unit,
~ design and purpose. The gist o
the offense IS the unlawful combi
nation between the parties. No for
mai agreement between the partie,
20 the conspiracy charged is necessary
Il is sufficient that the minds OF III,
parties meet understandingly so a!
10 bring about an intelligent an,
deliberate agreement 10 do the ac,,
ana commit the offense charged. Con
sp.racy implies concert Of design an,
., not participation In every detai
necessary 10 carry the general pur
pose or design into execution
Though the common design ia ia,
essence Of the charge. il y not races
sary 10 prove that the acAIsed ca,,
together and actually agreed in -erro
20 have that design and 10 pursue /
by common means. II II be nrove,
that the accused pursued b,. ,bei
acts. the same objects. often bv m
same means. one performing one mar
and another another part Of tho sam,
50 as 20 complete Il. with a view I.
the attainment Of the same obtec,
me jury will be justified in the con
c!usion that they were engaged in
conspiracy TO effect that object
a conspiracy may be shown eitbe
Dy direct evidence. that Is. by the ad
missions and declarations Of tb
! parties or co-conspiratOrs. or by cir
'uins-antial evidence: that is. by fac,
ana circumstances from which IN
existence Of the conspiracv p,,,, !.
Z d. Such evidence. q
orde~ 10 warrant a conviction. mus
be sufficient 10 satisfy the Jury bevo,
reasonable doubt. sTba fac,
) established by such evidence must y
z Such AS to exclude any other reason
- "".e hypothesis or conclusion Of IN
> su"'y OF the accused. State Y. Ste'p
= ler' - al Z Boyce, 236. IO5. All. ss7.
y a conspiracy Is proved when III
] jury is convinced by the evidence De
; yond a reasonable doubt that two q
b more persons did combine and agre
p together TO do the unlawful act charp
s cd against them.
e In order 20 constitute a conspirac
there must be a combination to do a
Z unlawful act by at least two person
- ia furtherance Of a common desigi
b that IS, the same design or purpos
% must be in the minds Of al least tw
o consplrators. a common design
% the essence Of the charge. A cor
e spiracy may be formed and a part
? not be in It az the time Of its forms
@ ton, but may afterwards come in an
? be connected with the conspirac,
b and n such case he is as guilty as +
( would be If he were in the first star
:. thereof, for he is deemed in law
To- party 10 all acts done by any 9th.
10 parties, either before or after.
0 nIrtheranGe of the common design