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

ring OF citizens interested IN lne prOCeel-
ngs, which it was expected would be in
,tituted that day.
Andrew II. Sanborn of counsel for T.. I. |
e. Smith, charged with embez2ling the |
funds Of the First Aational Bank, ad-
dressed the court, stating that Mr., BIRD,
senior counsel in the case, is necessarily |
away from town for Il few days, and coun- |
sci would, with the consent Of the district |
attorney, ask the court for a postponement |
Of the case to Tuesday morning.
District Attorney Watson-"l have no |
objection ht all if your honor has none"
Judge Wales expressed himself of the
opinion that counsel should consider the
position OF the jurors summoned in these
cases. They are u long way from home.
These prosecutions are carried OH at con-
siderable expense.
Mr. Wats6n--"Thcre are your honor,
some 81 indictments found, aud think it
hardly, possible 10 dispose Of them all tins
week.
The con.t--"Then make n beginning
now
Ex.Attorncy-genera John Riggs. who
was present with William L. Lyman rep
reseliting the election cases, then arose:
Your honor" Mr.. Biggs said, there
are 80 indictments against certain parties
on the trial list, Il for interfering with
supervisors and 10 for illegal registration.
These u indictments were found III last
term of court and three ut this term, on
the charge Of illegal registration There
are. therefore, 80 cases which my colleague
and (Mr lynaml appear for in the de.
fence. 1t was only yesterday that be-
came connected with these cases. ] am
not, therefore, prepared and could not be
prepared to 20 on with them. 1t Is through
no fault or laChes OF mine that find u
necessary TO ask for continuance.
would ask your honor to take into consid-
Grafton that each one of these cases has its
own peculiar facts and merits. II is the
province of tho district attorney to call mp
any one of these cases at first. Therefore,
must be ready ut once with all of them.
Dstrict-attorney Watson, in reply re-
minded the court that at last term these
cases were continued at the request Of the
defence. Mr.. Bayard and Senator Gray
were accorded the continuance. Mr..
Watson also reminded the court that at
the time when the application was made
he did not wish to see new counsel come IN
to the cases and then again ask for u con.
tinuance 1t seemed to the government
prosecutor a late day to make such an APP
plication. There is one counsel here turn
Ing to Mr.. IIynam) who has thoroughly
investigated all the cases.
"'rhe rule is Judge Wales added, that
cases should not be postponed when but
one of any two counsel is absent. regret
therefore that | find myself not warranted
in granting a postponement,
Mr. Rggs.-aWhen Is it the desire Of the
court that the cases shall proceed?"
The court--"Now."
After further pleading from the defence
and an explanation from Mr.. Lyman of u
misapprthenSion of his from certain state
ments Of the district attorney Judge Wales
said that he reluctantly postponed the
trial Of the election cases to Monday morn
ing at Ills O'Clock.
After some further explanations from
counsel the court ordered ncremptory
calling of the Smith bank case on Tues
day morning ut III o'clock.
The United States court room was
again crowded on Monday in expecta,
ton of the calling of the election cases
The Jurors from down State did not ar
rive until Ills. Then there was some
delay on account of the absence OF
United States witnesses An attach
ment was issued for Lewis K Howes
L. Eden Bach was another witness
badly needed by District Attorney Wat
son. lie came on being sent for.
The court made inquiry as to whether
counsel was ready to commence.
On the request IF John Biggs tho case
of Isaiah Powzo, charged with violation
of mail laws, was continued to the june
term.
District Attorney Watson announced
that he was ready to go ON with the cas-,
of Henry Coleman, who is charged will
fraudulent registration in the Fourth
Wilmington district, he being at tina
time not assessed.
The following jury was empanelcd
John Moore, Isaac /. Herne, Albert
Hotfecker, Amor Forwood, Hubert A
Roop, John Il. Wilson, Thomas II
Wilson John G. Baker, Thomas Sterling
Elisha Barton, j. jackson PIERCE, Edwin
A. Reed.
f. Eden Bach was the first witnes
called.
The latter was the first witness. A
the request of the district attorney tn
witness examined the certified copies o
the assessment lists of 1891 and 1879
and failed to find Coleman's name i
them.
Mr.. Biggs demanded the origina
records in the place of the witness ties
timony on certified COPY. The questio
was not settled at the moment Nj
Bach continued on the stand
10 Mr. Biggs-l made the applieatio
TO the clerk of the peace for the copyIn
of these lists. The latter, the copy {
1892, was perhaps made hurriedly. NJ
Biggs drew from the witness the At
mission that rs he did not assert that b
lthe witness) had not examined the GU
side hundred assessment lists he coul
not assert the present one OF Coleman
fraudulent registration.
Court adjourned at | o'clock to Up. n
William T.. Brannan was the first wi
ness in the afternoon. Mr.. Brannan was
supervisor of election for the Fourth ele
ton district, Second ward. The witne
testified to the fact of Ciolemans act I
registration. Testimony of this natu
was going on and was being based by NJ
Watson on the supervisors record whic
the witness held i'll his hand.
The court referred to the fact of Il
lateness of the hour Judge Wales add'
that counsel had offered variety
pointed arguments upon the counts al
that he (the court) was only anxious
consider them with due care.
Judge Wales then adjourned the cou
to 10 O'clock Tuesday morning,
Business in the United states court col
menced Tuesday with the routine
calling off the jury panel.
Judge Wales, in addressing counsel t
the defence upon the three points in whit
it was asked that instruction be given
the court to the jury for Coleman
acquittal. stated that he declined the
quest on all three points. The reasons
thecourt were similar to what was divulg
in the argument yesterday. In reference
the last point of guilty knowledge" d
court said that the statute says fraudule
registration. The words well knowin
in the indictment, were. in the courts c.
nation, simply surplussage.
Mr. Biggs' motion was therefore deniC
SMITH PLEADS GUILTY.
At this moment there was stir in I
court room and United States Marsl
- Il. 4 n