Wilmington daily gazette., 1872-10-18
WILMINGTON, DEL, friday OCT 49, 1872 p
AFTERNOON SESSION.

0onrt opened ut r. M; Strong and Bradford
on the bench
Z. 5. cs Archibald Given Defence proceed
ell with witnesses:
Marx w Ciraycr sworn; and testified that
ne m i'Vea Il, Ncw Castle, and saw Edmund
Provost there N 1872, objection, being
made to 'lie next question ASKED Mr.. Cleaver,
ana the Court decide to support the ohirc-
tons, defence dismiss al the witness
DAVID VI. i'ricc sworn testified that he was
member of the Levy Court in March 1872;
saw Edmund Provost there on the 18th or
10Th OF March, AMI did not think him mt au
sober, he behaved rudrly and ,lisor,lrry; i /
never gave NJ. Given Il book ont of my desk
there was Il book put in my desk, but by I
whom don't know; the bool, looked like
an error list. ii was put there on the evening
OF the 18th OF March, and that night il was /
lor@ed up with the rest of my books; next
morning opened the desk to get something, |
and 4 man, don't know. who came ,lp and |
pointing to the book, asked for it, and | gave |
u 10 NM 'lNri never gave me any book TO
put in my desk.
John i. Springer sworn; testified as to the
identify of the error list ~ shown TO him;
also identified the minutes of Court, and read
tile Committees report on Mr.. Givcn'S return.
There were llSi errors III Givcn5 error lit,
1l66 white, and y cnlored: did not know
how i'any were returned aS having i.fC the
STATE
| l;obt. ID. Hicks sworn: testified that l,e was
Il member Of the Levy Court of Marc. I8,2
and was member of the Committee OF Nr.
lt':vens return; | did not take any uae5 II
| its work, rs | had no time; identify : ma
ture appended to it as mine.
Milton lackey sworn; testified that lie W.
Il member of the Levy Court that he -;
amined Given's error list, and questioned him
| closely as 10 every name, whether he had
used due diligence in searching for those
men before he returned them as errors did
not swear Given as that was optional !;
usually place as Chairman of Examining Com
mittee, a Chairman from some Hundred as
Collector in order to serve as 4 check.
Defence asked il defendant could be made a
witness AS to demand .of'taxes made Of him.
n Court decldetfnot. "a
r Defence closed examination Of witnesses
Prosecution called Absalom Howard in re
buttal, VINO testified that lie had lived with a
part OF his family at 5l3 Poplar street, . -ontts
and Is days las, year.
!. Both sides closed evidence.
Argument for the prosecution was opened y
District Attorney Higgins, vino, in long and
exhaustive address spoke in substance as iol
lows.
He commenced by calling the attention of the
Jury to the great importance of this case in view
of the fact thar altered relations Having been
lately made in this State as regards the elective
franchise. He claimed that bv the verdict in
e this case would be defined the rights oi these
!, new accessiois to our assessment lists and the
u uulle~ OF olnCcrS entrusted with certain powers
He reviewed the li.te-ni l1h amendm ents
! and read to the jury the enforcement act bear
= ing upon them. lie Went over the State law
= relating TO Levy Court and Collectors. and ex
r plaued the whole taxation system "a de6uced
IS from these laws. lie then com nenced review
3 of the evidence and taking up each count sepa
n rafelv applied the evidence relating Ia each
He charged that the evidence shonld pIainl
and positively show thit Given did willinIl
:, and Knowingly attempt 10 omit their names, a
"a in indictment, hy returning them a. having LEI
the State. He called attention to the fact tina
IA these We're well known men and that their &C
IS curatious such as brought them into gen
=. eral notice: he claimed that it could never h
'r assumed that Howard and loekman NJ the leas
30 coull leave His State city. without the rnbli
a owing it, IA their oceupotous were eminent
;. public ones.
II Mr.. Higgins then passed on to the evilonc
at of Mr.. Pickles, OF Mr.. Provost and of Edwar,
III Challenger, 10 show that NJ the last term ot th
ID Levy Court at New Castle. the defendant di,
"a attempt and made the attempt good To preveI
III that error li-i OF his from passing out of h
friends hands. He most tftctuallv tos,ei "th
~ Job To the detrilnrtt uf lhc.e men named in ih
NJ indictment
" These facts taken in ,l,-, connection Shove
re the ahlhiH~ Il tlie rr!s1uyr, clearly sslabllsle
ne the proof "f all that wa alleged in the indcl
ce meats. aud when the jnts came 10 examine, h
NJ had M doubt Of iheir artivin: NJ the slnlc h,
," lief and lie would Therefore expect Il verdi,
w W against the defendant,
or tenn adjourned until lai \. NJ. FRIDAY
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