The Wilmington daily Republican. (Wilmington, Del.) 1890-1902, 1893-04-19

eho year Vi our LORD one thousand,
eight hundred and ninety-three and OF
OF America, the 1l7th
By the Presldent-Grover Cleveland.
RICHARD OLNEY, Atty Gen'l.
MIR. Biggs addressed the court that
Witnesses In the seventeen cases OF
| Interfering with United States super.
yisors might be continued until Mon.
day. The false registration cases will
be considered this week, and he asked
| that the former witnesses be allowed
TO go, as they were losing time and
/ money.
Mr.. Watson made no objection and
the Witnesses were discharged.
Charles Paxon was q registration
officer on October 81. when Flemming
appeared to 10 registered. Flemming
waa challenged.
| In REORGANIZATION Paxon replied
that FlemminR hesitated at first In
taking the oath but that he afterward
did. He could not remember what
else was said. Some one urged him to
take the oath and Flemming did so.
Lewis ]. Housk was then put on the
stand. Mr., Blggs objected to Mr..
/ watson asking whether or not he took
an oath at the election that Flemming
was not assessed. The question was
/ ruled out.
The government then rested.
| MIR. Biggs then asked thnt his honor
Instruct the jury In the case to render
verdict of not guilty. There had
been no proof that Flsmming was NOT
assessed in the Seventh Ward, as con.
tanned In the Indictment. He there
fore could not be convicted on the
charge.
Court. ut Is very easy to present
| the books OF the ward to prove that
the defendant was assessed In the
ward. think there has been much
irreguiarity In the keeping OF the books
and think 1t should be Investigated.
l refuse to instruct the Jury for an ac-
quittal."
Representative Hurvev j. Spruapce
was called by the defence. He knew
Mr.. Fiemming for three years and
that he lived In the Third Ward over
one year before the registration. He
knew that tue defendant lived in the
city for three years. The witness was
asked by Flemming II he was on the
list. He was not, but was placed on.
On October 2S hs procured a receipt
which he paid for. He got the receipt
from Mr.. Dickey. He saw the tax
duplicate In the Office at the time and
found the name of George w. Flem-
ming was on the list,
MIR. Watson objected TO the ques
tion on the ground that the books
might be produced.
The objection was sustained.
On cross examination, Mr.. Lyman
objected to the question whether the
witness had produced any other re-.
ceipts at the time.
A subpoena was issued for Mr.. Diok-
ey to bring the books of the assess.
| ment for 1891 and 1892
| George +. Flemming testified to
having lived In the city for eight
years. lie asked Mr.. Spruance to Sc.
cure his receipt, which he did. He
did not ask him at the time whether
he WAS on the list, but had before.
The witness believed that he was as.
sesed although he never went to the
Office to soc. In order that he might
not be challenged he did not vote. The
first intlnation he had of not being on
the list was when he appeared to reg.
lister.
The receipt could not lbe offered as
| II was lost by the defendant He had
made search for it at the request OF
the attorney, but could not find 1t.
In cross examination he denied hay.
Ing known that he was not on the as
sessment list at the time he asked Mi.
| Spruanco to get the receipt.
"Did you not burn tnat tax receiptYr
asked Mr.. Watson.
| mo SIR"
when did you first miss that re.
celptt'
about the first week In ,January.n
Had you not destroyed that receipt
just after rsglsterlny upon lt?'
No sir. did not"
He could not say exactly how long
he had been living in the ward, but he
| lived IN the Tenth ward seven years
! Ito afterwlrd said he lived In the
paid Mr.. Spruanee for obtaining hIs
receipt. lie could not remembe what
the amount was, but he had pa Id the
amount.
Clerk OF the Peace Riggs stated that
he knew OF $500 tax PAYERS yh1ss
names were improperly on the error
list. He had only known of 2lOO yes
terday, but on looking over the re
cords found the additional 400. All of
these men were assessed and had re-
ceipts.
John Mitchell. delinquent tax col.
lector for Wilmington Hundred, was
called. Do you know George W.
Flemming2
mo cir"
Do you know Harvey ]. spruances
Yes SIR"
did you ever issue receipt for the
taxos OF George W. FlemmingY
"rhere was but can't say who Ia.
sued 1t. 1t was some time in Noyem-
ber."
MIR. Watson requested that the tes.
tlmony be ruled out and Mr. Diekey
present the duplicate. The books were
ordered brought In the court room.
The defense rested. Willis MIR.
Mitchell went after the books q recess
was taken.
Mr.. Watson: "May It please your
honor In the case of Henry Coleman,
whose case WAS before you yesterday,
In order to gave the costs OF the gov
eminent, | desire to enter a nolle
pros"
Mr.. Lyman motioned that the eases
against Michael Mcdonnell, AlRernon
Duff and McMullin DO continued until
the next term. The continuance was
granted.
At IL o'clock MIR. Mitchell returned
and was placed on the stand again,
The name appeared last.
Mr.. Watson-"Will you pleose turn
to the name Of George W. einmlng.h
The book showed The number of the
receipts, 30. 49,. while the repatriation
books showed the receipt to be 5O.543.
This was said to be clerical mistake.
why does MIR. Flommings name
appear last on the listf'
Il cannot tell. Some name had to
be written last.
On cross. examination SIR. Mitchell
said the names looked as II they were
written by one person. They were
copied by Mr.. Snith Clerk of the
Peace BiRgs and the court also con.
sidered the writing Of one man and
not by another as the district attorney
had supposed.
John 1. Dickey could not say when
tho name was written but supposed IL
was when tho other names were. Mr..
Dickey admitted that the name could
have been written since
MIR. Blggs brought out that the name
might have been added last after he
had been transferred from the Tenth
ii IL the Third ward.
Both sides then rested.
In presenting the case to the jury
Mr. Watson said Ia. part; Gentlemen
OF the jury,it 10 the olo se,'ory OF fraud.
This looks like bold consp. 70
cheat the government out Of this -
aud render it null and void We find
the records are mutilated and whom we
go Into the avenues for search we are
barrioaded We ara not hero to pun
ish an innocent man. but as long 40
| a apIdanHn a s1rtI I'M 4 r