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

at the time. Smith had soft felt hat in
his left hand which he nervntisly grasped
using il as an ear trumpet in his evident
effort TO catch every word that dropped
from counsel.
Judge Waes-'I shall not sentence the
prisoner now. lie may return to the mar.
shnrs office and will sec counsel ut 1880"
Mr.. lird--"Ihank your honor"
The coirt-"lIas the plea of guilty been
enteredH'
Mr.. Bird--"Yes sir, on count No. l."
TIE ELECTION CASES.
In rpsnming the election cases Tuesday
John Riggs made the opening address To
the jury. He claimed that the word
nknnwingly" in the Indictment carried
all the spirit of the United States statute.
He went on to show that Coleman knew
nothing whatever of the alleged erasures
After some testimony and cross-question-
ing Mr.. Bggs arose and asked the court
to instruct the jury as follows:
In order to convict the defendant tho Jury
must be satisfied beyond reasonable doubt:
First hat tho defendant, Henry Colemau,
oil October 99i, lsN9 registered in tho fourth
district, second ward, as set forth in the indict-
mont.
Second--lhat he was not legally assessed in
Wilmington hundred aud had no right q pay
county Tax, as assessed in the said hundred
To- 1899.
Third--lhat to us Z, tho language Of tho in
dlrtment, she well knew that he vas not
assessed for county tax in Wilmington hun
dred," and. therefore, was guilty OF frludn-
lcntly registering.
Foarth--phat ia order for n person To be
guilty Of n fraudulent registration, within tho
meaning Of section 55i2 Of the Revised statutes
oil the United States, there must 10 proof Sutl-
cent To satisfy the Jury beyond u reasonable
doubt that tho defendant hui u guilty knuwl-
edee That he was ConlnittnB an unlawful act
when hc registered, II they shut be satisfied
that such registration was unlawful,
L., bfJ nh Nj. t1ug nl n
number Of points such rs the state election
requirements III regard to assessment and
registration, the blsing of the United states
statute upon the State laws for election
purposes, &c. The Jury has TO satisfy itself
that Colemans name was not lawfully OH
the assessment list and that when Coleman
registered he knew this and therefore
registered fraudulently,
SMITH GETs SEVEN YEARS.
At l245 Mr.. Bird entered court accom-
panied By his client T.. r.. f. Smith.
When the court had discharged for the
noon recess, the jury in the election case,
Mr.. Bird arose
An AFFECTING FLEA.
with submission 10 your honor" he
| said, in entering the plea of guilty in the
! indictment found against Mr.. smith for
ctnbezzlemcnt, Under the act Of Congress,
can only bespeak for him the mercy oil
| your nlnluf. ! 40 50 rs lnuCll f1Ofc Ill
| consideration of his wife and eight chill,
dren-l do SO because, at best, he is to be
taken from here for considerable period Of
time, and have said TO him that your
| honor will, in view of all considerations
| exercise that degree of mercy that will be
| exact justice 10 him and to the govern,
| ment OF the United States"
| Mr.. Bird then took his seat.
! SOLEMN SENTENCE,
The court Hand me the indictment.
Smith was then ordered to stand up lie
did 50, looking very pale ami under ex
| IRENE perturbation. Ills right arm still
upheld, his hat as an ear trumpet enabling
better to hear the quiet tones of Judg;
| Wales voice.
The court in addressing Mr.. Bird said il
effect j have heard the appeal of your
self and client for mercy. The matter ha
given me much anxiety
During the judges address Smith az
peared very much affected.
WHAT THE COURT SAID.
The charge To winch you have pleaded guilt
is a very serious one, involving breach q
trust and the appropriation by YOU Of a larg
sum Of money belonging to the bank Of whicl
you were an officer
Tho scheme by which You defraudei tn
hank was so lngeniously contrived and =
ski fully executed as to escape detection for
long series of years and not until its discover
appeared Ia be inevitable did YOU make a
acknowledgment OF your guilt
These facts arc not referred to for the pur
pose oil adding TO the distress oil your presen
| situation, but to JUSTLY tho penalty which III
law Imposes upon such Offences as the ON
committed By you.
lout soilisSs' On, atloHsn illa , atier ION
onsi%nra tion in deriin ~ wo,,r ss"tsn"s ~
Your case is n very sui one Your carl
training the repulat on you had acquire
willis yet young man for strict integrity an
dligent tuenuon 70 business enabled YOU
~ w san W" ~ " snIt '.auN
You iatvliigently and delf5erateIy contriye
your plan OF operation and carried it on unt
itooIl DO concealed no longer
! mere Soi.N seeiiI " W ~ paiilatloh !.
ss,,,,t a M = "a fn,,nG in inc naas NJ y,
,"an nni,,re IN tna nresence 81 trmntatint
and In the desperate hope of avoiding .!
posnre.
Bat when the teachings OF religion and {
: mofallty AM the pIaih naXins OF W9rtal
n ne ,, III ~ ~ 10 % 'nstiiiite M ~
, means for lie protection Of society,", and Ii
efficiency Of that protection alweys depends 1
/ the enforcement OF the law.
No one, i Is presumed outside OF the cla
o. ptoiessloLal cIlillas' u ne coulu lots.
NY VAN woiid rn,nmit anrn M ntfsn
i a. he one Of which YOU now stand seii.co
t yicted.
1t has been painful tor me 10 make thes
few remarks, hut thought II my duty to q
lude 70 some Of the clscumstances surro4n
g ySnr no ~ n nrue H. 70 ~ ~ w I'm
!. from We" yolr u unfortuaate example may not
!. wholly lost
{, Tic court then Sentenced the prisoner
4 n,y :, Ina If iii an And ia serve an II
pp XVI If seyen vears
y En,ith was then given in charge
. Irnitad states Marshal Mabaifv.
II L nnderstood thnt he viii no sent
/ ~ Il M cn,,nty, nc,,;tnntiarv Rrookiv
O Nv iNt. ~ ;ncar,;,.rdfi,,
# =. -, ~, ~. E.a.,, ~, -i. l. !,
8 IN my AFTERNOON tne session. q 4
: United states court was Opened win