Wilmington daily gazette., 1872-10-19
U. 8. CIRCUIT COURT.

U. 8. CIRCUIT COURT.
FRIDAY.
Court opened at 1Ol< O'Clock yesterday.
Justice, Strong and Bradford on the bench.
u y. 8; q, ,v,a,u Arehibsld M Given proceeded with.
to the fact that this Is the first time in the
history of Delaware, and of this country,
that a case like the one now before, has ever
been brought before Court The import
tance of the case Is such that the decision of
Il will inaugurate new era in the judicial
indictment and called the jury's notice to its
general charges; after promising few re-
marks upon the class Of persons, who by
great political change have been elevated to
the positions of voters and citizens, Mr..
Whitley read to the jury the 14th and 18th
amendments giving such elevation, and the
enforcement act of 1870, placing penalties on
any State officer who attempts to disqualify
them by not furnishing necessary pre-requi-
sites for voting the counsel did not propose
to discuss the cOnstitutiOnalty Of these mea-
sure. but then proceeded by reading from the
Constitution and Statute Book to explain to
the Jury the financial government and tax
administration as laid down therein; ne
claimed that the election laws of Delaware
were not within the jurisdiction of tie en-.
vided no qualifying officer, but simply had a
Court and officers of revenue; he reviewed
the Statue law at great length to prove that
In no case could any officer be indicted justly
Of that which the laws does not Oblige him to
perform, Archibald Given was indicted as a
tax-gatherer class of men very unpopular.
The Levy Court elected him to that position,
and gave him duplicates for 10000 people; just
before Mr. Given's election large influx of
colored men took place into this city. and into
0iven's election District; and in such state
of affairs, how is it singular that mistakes
70 review the testimony after reading the
counts in the indictment, he claimed that the
Testimony advanced had been clearly to the
effect that Mr.. Given had used diligence
unusual in tax collector, and means not pre-
Scribed by law, that he advertised, sent bills
around, and went around with them himself
that he kept Office hours and left men there
when he was away to act, in his stead; all
tending to prove collectors good diligence
He criticised the testimony Of Black and the
l Myers Brothers, and claimed that material
I impeachment Of their testimony had beer
made as to dates claimed such errors in
/ their dates as deprived the witnesses OF
! credence in that respect; showed that Blacl
had never offered to pay his tax to Given; a
regards Howard and Lackman, prosecution
don't pretend to prove demand IN Given t
receive' their taxes, but only that Given dit
! not hunt him out, but how could he hun
them out, when 1t was proved that they neye
staid long enough in one place to be found
After thoroughly reviewing this testimony h
proceeded to review that relating to the alle2
ed action Of Given In having these names
stricken OF at Levy Court from assessmen
list because iof race and color. The counse
claimed that Mr.. Given never denied tn
book during the Ave days set aside by law 10
inspection. for the simple reason that 1t wa
no longer In his possession. and that ate
that time he had so much right to hold tna
book rs any other citizen Of the county
and was for holding it subjected to n!
/ penalty he Deing.. Junctus o1scto. Thi
the counsel claimed disposed Of all TIL
testimony adduced by prosecution to shoN
that Given held the book illegally tOpreserv
the names Of those men from being placed Q
the assessment lists but the reason why =
4 did hold 1t was to search for an error OF slSl
charged him by Levy Court out OF the gres
4 number Of persons on Givens list but 148
4 errors were retnrncd, 1166 white and ~
blacks, out OF whom only 5 could be found b
against the prisoner; what is the presump
4 ton? Why, that the errors returned by tn
4 collector and allowed by the Court were n
tarned right. In conclusion MIR. Whitele
asked the jury to slft the evidences they ha
received, to apply the law as laid down by u
suffice to place Mr.. Given in the penitentiar!
He believed not, but on the contrary that the
would return verdict for defendant. (M
Whiteley spoke for one hour and half)
Mr.. Bayard for the defence now proceede
to address the jury and occupied one hot
Z and 40minutes.
The substance was In the following effects
After promising few remarks OH u
changes In our government, and the effe'
which was produced by the 14th and lot
amendments, supplemented by the Enforce
ment Act, Mr.. Bayard proceeded to show
the jury the peculiar system OF administering
with regard to taxes which prevails IN IN
State. Mr.. Bayard now proceeded to the Ia
charges preferred against Archie Given, or
Of the tax ofacers In this State, and Shove
that this prosecution was the first Of its kin
in the judicial history of America. The II
dlctment charged that Archibald Given ma
wilfully and knowingly omitted to collect u
tax OF certain persons named In the lndlc
ment to Wit: Absol0m Black, and WIN. Myer
and also that Archibald Given had knowing
and wilfully omitted to make true return
persons named in the Indictment, to vii
Black, Myers, Grant, Lockman and HOwar
to the Levy Court and by such untrue returI
Of having left the State, did procure tho
names to be stricken on the assessment u
and ali because Of their race and color. n
Bayard now proceeded to review the testlm
ny % regarded the charge Of wilfully failll
to collect. He claimed that the testimony
this case Of Absal0m Black was not Of th