Wilmington daily gazette., 1872-10-18
U. s. CIRCUIT COURT,
THURSDAY.

y: Io,tymah 10 tho supreme Court was Cvsrrul-
e", anu the cause continued until next term,
u ). W. Archibald Given called up, and the
prosecution proceeded with their testimony
Aosalom Black recalled testified that he wa,
born IN Brandywine village, and that the last
county tax he paid was IN lS70, could not produce
the receipt
John F. Howard recalled; testified that he paid
county tax in 1870
Hiram b. Armstrong was returned by bailifT as
no" est mr'nhs. The testimony for prosecution
was here closed.
The case for the defence was opened by Mr..
Whteley. who addressed the Jury at some length
ne stated that hc deemed it his duty to call their
attteNtioh to the gravity OF the matter now being
considered. that matter entirely irrelevant had been
thrown IN the case by the prosecution.
The question under consideration was one as to
whether Mr.. Archibald Given, "a charged in the
Indictment, had an intent ald did carry;out such
Intent, 80 asy to deprive certain men from enjoy
ing certain privileges on account OF race color
ne called attention to the great change made III |
our laws by the state of things induced by the
ttl and 10th amendments from which he passed |
to review OF the laws of this State affecting the
Levy Courtand Collectors. lie stated that tho de- |
iencs woald prove that the defendant made all due
ana possible exertons to lind those men whom the |
amendments 18th and 18th had placed as q new |
feature In the elective system OF this Statsan that
he did especially search for thos. men who are
mentioned IN the counts Of this indictment. II. ne
claimed, the defence should prove this. and thu.
hisprove such intent ms alleged they would expect
the verdict Tor defendant
Defence proceeded with the examination OF
witnesses
Geo. WVAraon, affirmed testified that the adj
vertisement in tins fie Of "RepubHcan" is II genu.
ine advertisement Of A. Given, to the taxpayers.
1t was inserted July i3, 1871, oni continued one
month.
Joseph Glatts, rworn-testifed that he was fore
man Of "JoWna" in July 1871, identity this US
Givens advertisement, it placed in the JournS2
month. .Iulv II lS-1
Geo. e. War!, sworn- testified that he was the
Collector OF Eastern District: that Given did at
tend at the City Hall, with him in pursuance of
SAID advertisements +: recognize the bill YOU hand
| me AS one Of Mr.. Givens blanks
The defence placed in evidence two copies OF the
City Directory to prove location Of residence
QAndrew Traynor. .sworn-tesufed, was in busi-
| ness with the defendant in 1871, bought him out
in August, same year. he used to leave blank bills
signed for mo to use when he out Of the Office.
In April this year. he moved his Office to the rear
| OF ths Delaware House, on Shipley street, was in
| the Fifth street office, when Black came, he asked
| for the defendant, and told hin. he had novel
| and where that was the only time I ever knew
| him to come there; Given usually attended the
Office; saw Myers get the receipts for other men,
but did not see him offer to pay any tax OF his own
III my presence.
| Jas. D. Took swoen aud testified, that during
lS7l-Z. he was very 0uch in Givens Office knew
Given to attend very constantly; when business
would call him out he would leave blank bills
with signature attached and Traynor, Bedford. or
would look over the duplicates when parties
came in and taks the money due, filling out these
blanks so lett tor that purpose l have shown hun
where persons lived who owed tax l clerk
for hsm willis he was locating taxahles IN 1871
he never told me to discriminate to who shout
fill out bills for in his absence l spent most {"
my evenings there, going home at s, ., or /,
o'clock.
Charles Bedford sworn-testi6ed, have know
defendant l3 years; have seen Given leave bank X
to be filled out when he was away from the Office
ii he wanted to leave the city, he would send f."
me to come and stay there; have filled out thest
blanks for both colors; l have distributed bl
among the colored people Of the 7th Ward ad
vised all could find to come and pay their taxes
or suffer costs this was IN fall and winter OF Is
, and 1872; never saw Black at the office; was Il
> New Castle, when Provost was there IN Marcl
trying to get the list OF Mr.. Given he tret
with DIR. Cameron to grab it from me; 1consderet
Provost very drunk. SO much so that DR. Cameron
left him.
] Cross examination. | live at $40 w Fourth st
and am printer by trade, working ut light
! and Orange streets. was iii New Castle abou
. one and ona-half days i'll March last, Thursda!
h 29th, and the following Saturday; went Their
1 myself; Given did not then or at any other tim
a ask me To 60 To New Castle l saw Mr.. Spruanc
!. there Ee did not ask mo for the error list, bu
i asked the Levy Court tor it. had tho book OF
g Thursday hunting out errors and when went T.
n dinner handed the book to Woodward who CAV
it to mo again when came back; had 1t two o
three hours that afternoon l came home in tn
evening train. While looking over this error lis
l. found from 30 to so names errors, which
= wrote down on sheet OF ioolscap paper: whe'
i got done with the book think gave it to tn
+, Clerk OF the Peace. Know Mr.. Layton VIII
keeps store i'll Orange ST.; snce while was dis
l. tributing bills he told me where ot the me
= ! could not lind lived. Some OF them could nc
q find ut all.
s. MIR. II. Ellingsworth. sworn. testiiiei-I live q
202 w. Tenth street this tax receipt Is mine; til
bill was left at my house two or three days pr,
i sious to the date Of its payment When paid 1t.
paid it to Mr. Given on the street This ev
"a dence was offered to show Absaom Blacks c'
!. . roneous statements as to time)
VIM. Given, sworn. testitied-I am the oni
son OF defendant and am Ii years OF age; SIN,
:. left Taylor 4 Jackson's Academy on last chris
70 mas Holidays have been helping fsthor collc'
taxes; went out to Tenth and Orange about IL
middle Of February: went to EllingswOrth hou'
and left a bill with lady; know MIR. Black /
sight and have recollection OF him eith'
:. speaking to father or at any such place with r.
70 gard to tax or anything else; at no place d'
Black ask father while was with him, nor Ill
,e he ever ask me anything about taxes. hay
!. carried around bills to both races; colored pee
I pie were some OF them pretty hard to find; kno
Myers by sight ~ he has but one eye ;yent
Il and found out that he was not there from a lad
b IN the house. This was think. in Februar
Wilson 10 the man father asked to show hi
whore Aysn lived. In same month went to 81
~ Poplar street 10 hunt Black, and was told he d
10 not live there.
q. Cross examination Il have known Black abo
e one year by sight, I used 10 - him about 81
n. street Market.
hsnry Wilson sworn. testified have lived he
forty yearI think about the 25th Of March Ia
~ Mr.. Given asked mo whore Myers lived. and
p showed him; Myers and lived under one roo
1t Joseph rsatsi the house; they were 4 movir