The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-04-20
FIFTH EDITION.
THE FLEMMING JURY DIsAGREE93


William Hall Now on Trial for IIle-
sui ReEistration-Third Count strIcIk-
en- From the indictment.
When the United States Court con.
yened yesterday afternoon, Judge
| Wales began his address to the Jury In
the f'lemming case. In part the court
said: Gentlemen. the testimonysin
this case shows that great fraud has
been perpetrated IN the assessing and
collecting OF taxes in this city. It is o
grave situation, and II these books
| which represent the legal registration
OF voters are to be tempered with,
| there can be no opportunity for an
honest expression Of the will OF the
| people 10 electing oiflcers under the
| law. This situation is one OF serious
| danger to the state.
1T has been proven to you that the
marks designating delinquents have
been erased from these records SO that
men who have been returned as delin-
| quents and who were not legally quail
| liled voters, could vote The records
| have been tempered with and a high
| crime has been committed III any ono
| is detected In this crime and convicted
Of 1t, no would be liable to very henvy
| penalty. He would be q felcn. This
has been done by some one; who 1t ls
| cannot say.
| Ill Lu6 Ol Case Ill
| politics should be laid aside. The law
has been violated and q great public
wrong has been done. In determi-
ming such case politics has no more
place In the jury box than 1t has in
the Church of the living God.
tl"It has been charged that George
y. Flemming ered:frauduiently
and on the day named. He had been
| returned as a delinquent. His name
/ 0TtarwnrtI nnnaura1 In lar "a
OF the delinquent tax collector. This
! duplicate has been removed from the
courtroom. That should not have
been done. 1t should have remained
here subject to examination by tho
Jury. .
name appears regularly on the delin.
quent lists, and II this be true he had
no right to tax receipt. There Is no
proof that Flemming ever paid tax
previous to this. 1t has been shown
that many names OF delinquents have
appeared on the tax duplicate, but
this Ia different case. 1t has moth
ing to do with the return OF 240o
names as those of delinquents. All
that must be put out Of your minds"
the jury retired and remained out
until 8 O'Clock, when they reported
they could not agree and were dis.
charged.
John Biggs asked that the case
against William Redding be contin-
ued until the next term. The continue
ance was granted.
The case of William Hall, OF the
Ninth ward, was called up, aud at tho
time OF adiourning the court counsel
was discussing motion to strike out
two counts In the indictment.
THIS MORNINGS SESSION.
this morning. Mr.. Watson continued
his objections to the striking out OF
the third and fourth counts In the In.
dictment charging William Hall, OF
the Ninth ward, with illegal reglstra-
ton.
After short address by the court
the third count was stricken ont but
the fourth sustained. The case was
then taken upand these Jurors choseni
fecker, Thomas Stirling, VIC. Wiley,
John ". Day, Elisha Barton, George
II. Tarburton. Albert Wollaston, John
Moore, John G. Baker, Isaac L. Hearn
and Amor Forwood. James y. Jemi.
son and Edward A. Reed were chal.
lenged by the prosecution and VIM.
p. Nichols and Robert j. Handy by
the defence.
MIR. Watson then stated the case to
the jury. That one William Hall had
illegally registered at the Fourth dis
trlct OF the Ninth ward on q tax res
ceipt purporting to be Issued by John
T. Dickey.
Frederick d. Bach testified to having
examined the certified oopies OF the
assessment lists for 1891 and 1899, bus
did not find the name OF VIM. Hall
OF counsel tor the government. The
certified flat u tho Seventh ward for
9l was missing.
In oross-examination he denied hnv.
Ing known as matter OF fact that
there had been q number OF citizens
assessed in the Seventh ward who
| lived In the Fifth.
Francis L. Bradley had also exam.
ined the assessment books. but did
not lind the name. These were the
certified copies.
WIN. P. Biggs, clerk OF the peace,
Testified that the name did not Appear
on the original assessment for tho
, four years as q resident OF the Ninth
ward, nor the Seventh ward.
MIR. Watson then offered In evidence
the record OF Halls naturalization.
Alfred Ironfield was supervisor al
the Fourth district OF the Ninth ward.
J On October 30 Hall registered. giving
his residence as No. 1918 Eust Thir.
, teenth street
John 8. Paris knew Hall. He no,
ticed him at the registration place on
that day.
Juror John G. Baker asked that su-
pervisor Ironfield be recalled.
"Did you say that this man said he
might have receipt by election Days
"Yes STRIP
"How do you known
"Only what he sald He said he
would probably have one by the cleo.
tlon day, so put his name in that
column"
u registered him as may become
qualified.
Mr.. Peeney's testimony was resum-
ed on cross-examinatlon; admitted
). that there were others registered I'M.
der the same column as Hall had, or
as partially qualified.
Clerk of the Peace Biggs was recall.
= ed. lie had examined the entire lisi
from 1899 to 1921. and the name did
not appear. Tho name of Vim. j.
Hall appeared us assessed in the Third
and Tenth wards.
, Ohas. b. SoIway testified that there
@ was u WIN. j. Hall In the Fourth cleo.
ton district OF tho Tenth ward. Ha
could not say whether hs was assess
ed. MIR. Watson jilered the list ia
evidence, which showed that VIM. j..
Hall had boon assessed in the above
ulSltlcE.
The government then rested.
! MIR, Biggs stated that there had been
/. no evidence submitted by the pross.
eution to show Hall ever had tar
receipt and the defendant could there
fore not be held on the Indictment.
:, The prosecution had also failed to
prove that there was an election on
that day. / consider this fact Is an
L essential Ingredient, as it is to prove
any other part In the Indictment.
Mr.. Watson replied that 1t was moi
|, necessary that the fact should bs
proven. The court agreed with him.
The defense was then taken up.
VIM. Hall, the defendant, was put on
the stand and testified to having lived
In this country six years. He became
partially registered on the suggestion
OF Charles Scheu, and believed thai
II after becoming registered and holding
receipt he could vote. The witnesi
said he didn't know whether he could
vote at the election, but wanted to
vote at the coming oity election. lie
applied for his receipt, but being un,
accustomed to the law applied at the
city tax office for 1t. When he appear
I ed at the registration place he was
not informed that his name was NOT
on the list.
Samuel B. Lee was an election ofIi