Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1893-04-20

John W. bay, George r. Tarburton, w. @.
Wiley, Peter +. Massey, ST., Samuel j,
Thomson, William Nj, Holt, Charles
Carey, Thomas Mccoy, James NJ. Bryan,
Albert Wollaston, John Percy, Ayers ).
Webster
On the taking up Of the Fleming case !.
Eden Bach was called to the stand. He
testified that Fleming's name was not in |
the certified copies of the assessment list. |
w. Pierce 5iggs the next witness, testl-
fed that he found FlGming's name with |
the red ink marks scratched out. The |
crasures are OF 1880.
Lewis X. Howes challenged Fleming for |
false registration on Friday October 18th.
The witness told Attorney Bigga that ne
thought it was right to arrest Fleming the
night before election, He told the witness
that Harvey SPruanGe gave him tax re-
ceipt. 1t was ON this account the witness
| had him arrested.
The court-"rhat is interesting evil
| dence."
THE $4,000 FINE RENTED.
| After ex-Tellcr Smith had lett the court
| room the courts attention was brought to
certain provisions Of the United States
statute in regard to cases such as the pre-
sent wherein when the term of imprison-
ment is more than five years the fine is
omitted The court accordingly Cancelled
that part of the sentence thus imposing
! the seven years Imprisonment alone.
COLEMAN jrRY DISAGREE.
| At p. M Tuesday the jury in the
Coleman ease sent in a message to Judge
| Wales to the effect that there was no pos
siblity Of an AGREEMENT The jury was
summoned to the court room and on max
| ing the report as above was discharged. ~
is understood they stood six for acquittal
and six for conviction. II is believed the
division was on strict party lines.
| ,,HN al rrII, Ind Mt
ance in the United States court room at the
opening Of the days proceedings as on the
past two or three sessions.
After the Jury had been called the court
asked District. attorney Watson to proceed
with business.
Mr., Watson-"Your honor, before
proceed there is some little business,
Indicating with a Jerk Of his thumb,
large white document with big red stamp
that Attorney John Biggs was perusing,
that understand has to be done"
The document referred to was the com
mission from the President of the United
States appointing lIcwson L. Lannan mar
shal for the district Of Delaware.
THE MARsnAL's COMMISSION.
John Biggs-'If your honor please,
have i'll hand the commission of Hewson
Il, Lannan as United states marshal for the
district Of delaware"
The court crier called on all present to
attentively listen while the commission Of
the United States marshal was being read.
Clerk of the Court s. redmond Smith
then read the commission as follows:
dr0psr Cleusland, President If the United States
Of America. 10 alt that shat sac these prsS'hts,
grating: Know yc, that reposng special trust
and confidence ir the integrity, ability, and
diligence of lIewson +. Lannun OF Delaware,
, do appoint him to be Marshal Of the Uhted
States for tho District of Delaware, aud do
authorize AMI empower niin TO execute and
fulhl the duties OF the office according 10 Law;
and to have and 10 hold the said oflco, with u
tho powers, privileges, and emoluments there.
, unto legally appertalning, unio him, the said
Hewson Z. Lamar, until the end q no next
2 session Of the Senate of the United states AMI
no longer, subject To the conditions prescribed
by law.
, In testimony whereof, have caused those
letters TO be made patent, and the seal OF the
Department OF Justice 10 be herewith ani1ed.
Given under my hand, at the city Ot Wash
l inEton, the I'm day OF April, in the year
: u our lord one thousand eight hundred
i r. s. and nnety-three, and Of the lndepend-
ence ct the United States Of America the
ono hundred and seventeenth.
: cRoyER CLEVELAND.
By the President
RICHARD OLSEy, Encouragement.
During the reading of the commission
Z every face in the court room was turned
Il straight to Mr. Smith
At the close of the reading the court
0 asked the clerk whether Mr.. Lannan hat
% bonded and whether the bond had been
y filed and recorded
y The Clerk-"IIe has bonded but tht
bond has not been recorded yet"
: pErCTY UNITED STATES MARSHAL HUGHES
y Mr.. Biggs--"lf your honor pleases Mar
Q shall Lannan has appointed as his deputy
David w. Hughes. would ask that hi
g be sworn in."
o David ". Hughes, No. 200 South Jack
:, son street, then came forward and wa
:, | sworn iii by Judge Wales.
d Marshal l.annan had already been sworr
y in by the Judge Tuesday afternoon.
y On the request Of Mr.. Biggs all the de
=; PENDANTS and witnesses in the cases o
4 interfering with the United States super
= yisors were dismissed to Monday at
,r n. M The district attorney agreed Will
.: this only reserviriE the presence Of tn
L United States supervisors for the resistra
l. ton cases.
\ The following are the witnesses for III
Il defence discharged TO Monday next Franz
$ Jeandell, NJ + Cannon Z; Melchoir; W
s. Stuart George Ferguson, W. Lopez, T.. J
~ Niedermaier, ". Aiken, A. Loonfield
y Thomas Condor, r. Heritage, Charlie
:" Muffin, Benjamin Jones, James Smith
IS Patrick Mayer, Philip Green.
% Frank Nollmer was the first witness ties
OF tifyng yesterday morning He was followe
e By Clerk of the Peace Biggs. The evi
u dence of both was routine. The testimon
al of Charles PaXson, an inspector OF Secon
Il election district told counsel for defenc
d. that he did not remember whether Elem
", ing asserted at the registration offices hi
~ belief in his right to registration. Witnes
% heard Mr.. 0'Neill and others urging Elem
ing to take his registration oath.
70 Following the testimony Of Lewis h
u Howes, the government rested.
, Mr.. Bigg then arose and asked the cOul
o. for instructions to the jury for an acqutts
of the defendant for the reason that I'll
70 prosecution has not proved that the d.
y, PENDANT was not assessed in the city q
Wilmington. Proof was not shown tbs
he the man was not assessed in the Sevent
an ward the allegation being that Flemin
to was not assessed i'll Wilmington hunlre,
In reply Mr.. Watson claimed to haS
ed proved That Fleming had lived for sever
ot wears in the Third and Tenth wards.
at MIR. Biggs--"It makes no difference if i
he had always lived in the Third or Tent
ne ward. He might be lawfully assessed
he the seventh ward.
ai The court declined Mr.. Riggs motion.
CHI Mr.. Lyman then asked his honor to moi
as an exception.
Representative Harvey Spruance WI
ry then placed ON the stand. lie testilit
he that Fleming asked him to see whether i
as was assessed and then to obtain receip
ng He found Fleming assessed and the
ed obtained the receipt for HIM.
he Mr.. Watson To Representative Spruan
ne --"Do you engage in the business of DO
he rowing tax receipts or of dealing in secon
on hand tax receipts ~ "Oh oh oh p q
ed over the court room.
Now MAKING LAWS.
IL Mr.. dynamite is il the drug busine
ye just now he is engaged in making laws
M Laughter.
~ ~ In reply to the court Representa-