Evening journal., 1893-02-14
THE TWO JOHNS IN PERIL
End of the Case of John J.
Horner and John 7. Spring.
ABLE ARGUMENT THIS MORNING

Counsel for Defendants Makes Every IF
fort to Get His CLIENTS Free ON Tech
nicalities-He Calls But One Important
witness Good Reputation for Peace
and Good order-Now with the Jury.
jeremiah Sullivan, who was witness
in the case of the State VS.. James w.
Horner when the latter was charged
with selling liquor to minor, and who,
il is alleged was spirited away from the
state by John J. Horner, and John t.
Spring, was on the witness stand yester-
day afternoon in the case of the State
VS.. Spring and Horner for constructing
public justice" by bribing witness to
leave the state.
He swore that on Wednesday, before
the November term of court, John
Horner asked him II he had anything
against Jim" On meeting again John
said: you 60 away and I'll give you
$25 II you need any more money, write
to Jim OF me and we will send it," John
Spring was present. Witness and
Spring went away together, and Spring
arranged to meet witness at Eleventh
and Church streets on the followin z
night They met They went to the
station and there Spring gave witness
| s., with which he purchased ticket to
Philadelphia. Before getting on the
train Spring gave him S. more He
subsequently, went on to New York,
where he afterward received a letter
which brought him back here.
bringing Up Technicalitiss.
Mr.. Ward made motion for the court
to charge the jury to return a verdict Of
not guilty for several reasons. He said
tina the Indictment described Sullivan
as Jerry" whereas the witness himself
had said that his name was Jeremiah
W." Mr. Ward held that the allegation
did not correspond with the proof. he
argued that Sullivan was not under any
legal obligation to appear before the
Court and therefore any attempt to
spirit him away could not be a crime.
Attorney General Nicholson, argued
TINT although the witness was not under
any recognizance and had not been sub
penaed for the November term Of court,
yet he was possessed of important infor-
nation and the defendants knew it. and
by attempting to prevent him from at
tending the court, thereby withholding
his information they were liable.
The Courts Able Ruling.
Chief Justice Robinson's decision o.
Attorney Wards motion was handel
down by him as soon as court recon
vened this morning
'If intended witnesses are to be KEEP
away by threats, persuasion or bribery
then our courts are prevented from per
forming their high functions. It ha
been held by our own courts of Delawar
that the party or parties who spiri
away a witness from whom the trutl
could be obtained, thus sitting tn
truth, is equally guilty with the accused
"The question here is whether ther,
has been an attempt made to obstruc
Justice by the sending away of one Jere
miah Sullivan, familiarly known as Jerr,
Sullivan. Under this construction tn
court declined to instruct the young jur,
to bring in verdict of not guilty with
out further preceding.
Charles H. Clayville. a police officer o
! this city, swore that he met Jerry Sulli
van one morning at Eleventh an,
Church streets and had conversation
! with him. Conversation not admitted
by court
James Megary, of the firm of Megar,
! ! & Sons, testified to the good reputation
of John ]. Horner for honesty and fai
I dealing. Mr.. Megary was corroboIate'
! by James H. Beggs, of James h Begg
& Co. Samuel Chambers, of the Stree
and Sewer Department; Joseph J.
Carpenter Jr, chairman Of the Stree
: and Sewer Department.
Harry H. Woodman, of the Comb
I Coal and Lumber Company; Francis II
Bradley and Hugh Mcconnell swore tina
|, Horners reputation for peace an
good order was good
The following witnesses swore to tn
good reputation of John T. Spring
Z Francis H Bradley. Hugh Mcconnell
; Lambert V. Nicholson, ex-Sheriff Wi
: liam Simmons. Hugh Mcconnell, Captai
of Police Evans and others were swor
I to prove the reputation of John 7. Sprin
! and John J. Horner for peace and goo
: order in the community.