Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1891-01-22


fee if by written contract, and only $40
as a maximum fee when there exists no
written contract. George MILKY, col
ored, of Millshoro, Sussex county, was
IIickmans victim. He is an ex-soldier
and served in CO. A, 32d Pennsylvania.
Volunteers. He paid Hickman $25, but
the agent demanded up to $50. MILKY,
through the agents instrumentality, re-
ceived pension Of IS month and an
accumulated pension of $3.50. The $50
was paid ont of this. A contract was
shown between Flenner u Co., Wash
by which the latter engaged to pay S25
"How do You connect the Washing
ton agents. asked the court, "and the
defendant, Hickmang"
District-attorney Cooper-"ln the CON
tract underneath Flenner & Go. s sigma
ture, are the words my post-otfice adj
dress is John w. Hickman, Gumboro,
Sussex Co.
When Tie check for $3.50 came Milby
and Hickman drove to Georgetown and
cashed it at the Farmers Bank. Then
Hickman got the S25 cash from Milby.
When driving home together the agent
said he would square accounts if MILKY
paid him $40 more. The latter claims he
paid Hickman close to $50 in cash and
goods.
In reply to Mr.. Turner, Milby said he
remembered being in Hugh Lynch's
store when Mr. Lynch told him that
Hickman was entitled to only $40.
Mildly replied that was all he did charge.
DEPUTY snERIFFs NOT GUILTY.
AT this moment of the proceedings
the Morrow-Pennington jury filed into
the court room.
Interest in the notorious case immedi-
ately revived When the iurymen had
taken their seats and had been polled
Clerk S. Redmond Smith inquired as to
whether they had arrived at verdict.
Foreman McNatt replied in the atiirma-
tive, "What say you--are the defendants
guilty or not guilty according to the
manner and form as indicted Z"
""Not guilty."
There was silence for a moment when
the attention of the whole court room
was suddenly drawn towards the two
defendants, Morrow and Pennington.
| One of the prominent witnesses in the
| case, quite unconscious of his acts, had
/ seized Mr.. Morrow from behind and
| then stretching out his broad palm,
yelled out in irrepressible joy: Put it
there, old man. and shook in hearty
| pump-handle demonstration. Turning
| to Mr.. Pennington he repeated the per-
Torrance while the court, marshal, at
t0rneys and officials looked on in tongue
tied amaZement.
At length Marshal MahatTy rushed up
and bundled the exuberant citizen ont
| of the room before the courts repri-
mand could reach him.
While Judge Wales was going
through with the formula of discharg-
ing the defendants, the irrepressiblc
citizen, whose senses probably had re-
turned, reappcared and commenced
enunciating a solemn apology to the
court for his noisy outbreak
"Your honor! ! wish to beg your
"'rhat will do-that will do. Go on
your way Judge Wales said, notion
ing the man back. Marshal Mahatfy
escorted him safely and finally out OF
the court.
The Hickman case was then resumed
in the examination of Special Agent Of
the Pension Office Robert p. Fletcher,
through whose fundamentally the
arrest had been made.
At4 p, m, adjournment was made to
10 O'Clock this morning.
The examination of witnesses for the
defence in the Hickman pension claim
case was taken mp at Friday mornings
session Of United States court.
Elihu Lynch, storckeeper of George.
town, was called He said that Milby
was in his store when he remarked that
Hickman could only charge him $40
MILKY replied that that was all he haC
charged lie added that he knows
Hickman well. He is of very goo(
character. The defendant has been fol
several years in the pension business.
James h, Belts said IIickman's repu
tation is fairly good Robert P. Fletcher
pension department examiner, wa,
! again placed on the witness stand. Hi
said the defendants repute is that Of al
unreliable man. There have been nu
merous improved charges against TIT
defendant. Hickman has been charged
with manufacturing testimony. JOIN
II. Elliott is nm old surveyor Of dowi
) country. Hickman has been bush cutie
and chain carrier for him. Last weel
he heard Recorder Of Deeds Morris o
Sussex say that Hickman was "Skin
l j
Hickman would beg of half the fe
when making his statement. lie woul,
/ plead The poverty Of the pensioner Blu
then would retain all Of his fee whe
the check came from Washington.
i District Attorney Cooper then I'D
t dressed tile Jury and was followed h.
& Frank b. Carpenter, Esq, and EIenr
j G. Turner, ESQ, for the defence. MI
Cooper CLOSED.
Judge Wales then recited the law i
I case lie referred to the object Of III
I pension Law in restricting pension attol
!, neys and agents and persons instrr
L mental iii obtaining pensions as wis
L and salutary provision. He reyiewe
4 the testimony aud referred to Lynch
contradiction Of NIilby's story. lie II
Q fcrred to the charges il the departmeI
5 al Washington preferred against the d.
PENDANT.
6 The Jury then retired and after abot
i four hours consultation returned to III
i court room and reported a disagreement
d and their inability to reach verdict
L. A jury in the second case again
i John W. Hickman was then calle,
r. When llolsten Harvey, whose name
it on the panel, was called he did not repl,
Il shall have to fine him, the cou
Il remarked The United States marsh
it went to call Mr. Harvey by phone, %he
" Judge Wales said: sob, that wont Ii
He must be fined $40 for not beil
= present when his name is called. Nv
.e minutes after Mr.. Harvey appeared /
,e was called to the desk and asked for Il
reason of his absence.
1t II thought | would get back, NJ
~ TIorvev renlind Ehefnrn Tho pnyt i'm