Wilmington daily commercial. [volume] (Wilmington, Del.) 1866-1877, 1872-10-18
LOCAL NEWS.
UNITED STATES CIRCUIT COURT.


the case cOntlnued 10 next tern
THE GIVEN CASE RESUMED.
U. S. os. Archibald Given. Testimony for U
s., resumed.
Absalom Black, recalled, testified that he was
| born IN Brandywine village and that the last taS
he paid was in 1870. He could not produce the
receipt.
John f. Howard recalled testified that he paid
last county tax in 1870.
Hiram b. Armstrong was returned by bailif
| non est inrentlts.
The testimony for prosecution here closed.
The case for the defence was opened by Mr..
Whiteley, by stating that he felt it his duty to
| inform tho Jury of the true nature of the aues-
| tion now on trial. AZ much matter had been
| thrown in by prosecution entirely irrelevant to
| the offence. The question was one as to wheth-
or Archibald Given, as charged in the indictment
| had the intent and did carry out such intent 80
as to deprive certain men from enjoying certain
privileges on account of race or color He called
attention to the great changes made in our own
laws by the 14th and 18th Amendments and
dwelt extensively on the laws Of this State rola
| ting to Collectors.
He stated that the defence intended to prove
from the acts Of A. Given that he made all due ex-
ertione to And these man who are a new feature
in the elective system OF this State; that those
men named in the indictment were especially
sought for If we succeed in proving this and
thus dsproying intent charged we shall expect
verdict Of not guilty from the jury.
Defence proceeded to examine witnesses.
Geo. W. Vernon. sworn - Testified that de-
fendant advertised in RepqbBoqn to taxpayers
for one month, commencing July II, 1871:
Joseph Glatts, sworn - Testified that he was
foreman of the journal, in July, 1871, and iden-
titled aiyen's advertisement, which commenced
July II, and continued one month.
Geo. @. Ward, sworn - Testified that he was
Collector Of the Eastern District that Given did
attend at the City Hall with him, in pursuance to
advertisement that the bill-head handed him
was one OF Glvens.
Two copies of City Directory wore offered as
proof.
Andrew Traynor, sworn - Testified that was
in business with defendant in n bought him
out in August Of that year he used TO leave
blank bills signed for me to use when any body
called when he was away in April of this year
he moved his office TO the rear of Delaware
House, in Shipley street l was In the 9Th 81. .
office when Black came he asked for defendant;
[ told him that he had moved and where Black
never came TO 9th street office but once in my
knowledge; Given usually attended the Office
saw Myers get receipts for other men he did
not pay his tax in my presence.
Jas. 0'Toole sworn. testified That durl ng
1912 was in the habit of being at Gven's office;
knew him to attend very constantly when bust
ness oaiiee him ont, would le ave blank bills re-
cepted for Wagner, Charles Bedford or me, to
fill out, il any one came to pay tag have
showed him where persons lived who owed taxes;
was clerk for him while he was locating parties
in 1871 he never told me to discriminate as to
who should fill out bills for in his absence
spent most Of my evenings there, going home at
8, or 10 o'clock.
Charles Bedford sworn, testified | have
known defd't 13 years have seen Given leave
blanks TO be filled out when he was away from
office; If he went ont of the city he would send
for me; i filled out bills for black and white l
have distributed bills for him among the colored
people of 7th ward advised all could find to
come and pay, 30 as to avoid costs this was in
fall and winter Of 1912; never saw Black at
office; was at New Castle when Provost was
there to look at error list Provost and Cameron
tried to grab the book out of my hand; Provost
considered very drunk 30 much 30 that Dr.
Cameron left him.
Gross examined. Reside at 800 W. 4th street /;
am printer, and employed at 9Th and Orange
streets helped Mr. Given when had nothing
to do at the office; don't know how much time
every week that was it was not the same each
week was at Gven's office nearly every even
ing in 1912; / was in New Castle about IA
days in March last, Thursday March 29th, and
part of the following Saturday, went there
myself Given did not ask me to go; saw Mr.
Spruance there he did not speak to me OF the
error list but asked the Court for it; had the
book on Thursday hunting out errors, and when
! went to dinner gave it to woodward who re-
turned it to me when | came back, and had it
two or three hours in the afternoon; came
home in the evening train while looking at the
error list found so to 80 names, errors which
wrote on a sheet Of fools cap when got done
| think / gave the book to the Clerk of the
Peace know Mr. Layton, who keeps store in
Orange street while was distributing bills he
did tell me where some of the people lived; l
tried all could to find some but could not.
VIM, H. Ellingsworth, swOrn, testified i
live at 202 W Tenth street this is my tax re-
teipt the tax bill was left at my hOnse two or
three days previous to date Of receipt; met
Given ON the street and paid him (Ihis evil
dence was offered to show Blacks statement as
to time erroneous.)
VIM. Given, sworn, testified WAS the son
of defd't, aged Ii years and his only son since
| quit Taylor Il Jacksons school at christmas
holidays, have leen with my father collecting
taxes went ont to Tenth and Orange about the
middle of February; went to Ellingsworth =
| house aud left bill with a lady; l know Black
Uy sight and have no recollection Of him speak
| ing to me or father ON that occasion; no other
| boy ever went out collecting with father at no
| place did Black ask father when was with him
nor did he ask me either l have carried round
bills for both races colored people hard to
| find know Myers by sight as he has but one
| eye wont to hunt him with father at Eighth
and Tatnal and found cut he was not there
/ from boy in the house; this was l think in
/ February Wilson il the man father asked to
show him where Myers lived in the same
month went to 513 Poplar street to hunt Black
| and was told he did not live there.
Cross examined II have known Black abou;
a year by sight used to see him around Sth Sit
market.
Henry Wilson sworn, testi6ed-yhave lived here
| 40 years Mr.. Given asked me where Joseph
| Myers lived and | showed him this think was
about the 25th of March Myers and l lye under
one roof Joseph rented the house they were
a moving family,
VIM. Brown sworn and testified that he lived
/ at 5l3 Poplar ST.. known Black 10 or IL years
| he lived at my house from March to July 1871
| he was disappointed in a house and let him
| come till he got one.
Henry Porter sworn testified that he had given
| bills to coored men by directions of Given and
| told them to come and pay or they would suffer
/ costs this was in the fall of II.
| AFTERNOON SESSION.
| Mark NJ. Cleaver sworn. and testified that he
| lived in New Castle and saw Edmund Provost
| there in March 1872.
| Objection being made by the prosecution
| to the further questions asked Mr.. Cleaver by
| defence and sustained by the Court, the defence
dismissed the wtness.)
| David NJ. Price sworn. testified that he was q
| member of Levy Court in March 1872; saw Ed
| muud Provost on the 25th or 29th of that month
| at New Castle, and did not consider him in a
sober state; he behaved rudely and bosterous-
| desk; there was q book put in my desk, but
| don't know who left it there; book looked like
| Error List it was put there on the evening of
the 2Sth OF March locked it up all night and
the next morning some one asked me for that
| book, and as it was not mine, gave it to him.
Given never gave me any book to put in my
desk.
John p. Springer sworn, testified as to the den-