Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1894-04-12
FL1xN PLEADS GuiLrr.
Sentenced to One Years Imprisonment
Two Indictments Qunshed.

venors and assghees, Wnlkihshaw &
Weight. In tho MCLomb's administrator
case, filed his assignment Of errors and
petltioned for an appeal from the final
decision OF this court. recently rendered.
70 the United States court of appeals OF
Philadelphia The petition was allowed
and bond on appeal amounting to 81, 500,
ordered to be filed within 40 DAYS. This
action, In short, means that the New York
parties propose lighting the $4,000 fees
award.
Tuesday was the opening of the April term
of the United States district court and the
officials at 0 o'clock in the morning were
congratuating themselves on the excellent
jury panel drawn.
Among the grand Jurors are Albert Cow.
gill, and ex-candidate for governor on the
Republican ticket Thomas ]. Perry and
j. &. Frazier, ex-members of the Legisla-
ture; Mark II. Davis internal revenue col.
lector at Milford: Albert T. Layton, ex-
superintendent of Kent county almshouse;
Indian Agent Isaac ]. W0otten. who of
course is too far away at his distant Dakota
agency to serve to-day; Roberu Raughly,
ex-Glerk of the peace of Kent county and
frequent grand jury foreman; ex-Sheriff
and ex-Levy Courtman Isaac N. Grubb;
ex-United States Marshal and ex-Levy
Courtman Henry G, Mahatfy; ex-Levy
United States Marshal William NJ. stuckert
and George NJ. Fishers prominent granger.
Among the petit jurors are eX-Depiity
Collector William K. Finn, Daniel z.
Barnard, Jr.. Republican candidate for
governor against Harry Richardson of
Dover; City Tax Collector Edmund
Mitchell, Jr., ex-President of Council N.
Il Benson, ex-postmaster at Harrington,
Luther b. Shaw; ex-Levy Court Commits
soner and Justice of the Peace William l..
Wier, deputy collector of internal
revenue at Lewes. Eli K. Sharp; commits
sioner to condemn Wilmington turnpike
roads, Daniel W. Corbit; George H. Hall,
Republican candidate for governor clerk
of the peace of Sussex county, Edward w.
Houston, and ex.Presldent Thomas W..
Wilson of the Kent County Fair.
In addition to the above are several
prominent city men, including Henry G..
Robinson and Samuel ii. Baynard.
1t was II o'clock before the grand jury
was called,
On calling of the panel the only absent
grand jurors were az follows: James Reed,
McComb CLAYTON and Isaac J. Wootten.
Albert L. HOlfecker is foreman of the
grand jury. In the swearing Of the Jury
there were but two of the ~ who affirmed,
all the others kissed the book in the regu.
lar way.
In tile charge to the jury Judge Wales
remarked that there is nothing of peculiar
difficulty to be presented TO them. The
jury was then sent to their chamber.
There are some IL or IA bills to be pre-
scented. The more important cases are
those of Letter-carrier Finn for mail etn-
bezzlement, the Kitchens obscene letter
case and number of liquor law viola
tons. There were about six persons out
on bail.
Among the witnesses present were
United States gauger O. o. Fuss of Balti-
more to give testimony in the liquor cases.
Charles Moore of the Sussex bar was in
attendance. Mr.. Moore is defending some
of the liquor cases and Is also aiding z. l..
Cooper, Jr., in the W. Kitchens mail vio-
lation case.
About p. m. the grand jury returned
true bill against William Kitchens of
Georgetown, charged with mailing OBJ
scene matter.
This case has taken a strange turn in the
development of the fact that it will have
to be tried in Alabama. 1t turns out that
it was in that State that the letter was
posted.
The enactment under which Kitchens is
prosecuted allows for mailing certain mat
ter. In Kitchens case the deed was not
committed in this district Therefore it is
understood he will have to We tried III the
district of Alabama, where the postofiice
OF Blocksom is located and where he
posted the mail matter.
Court adjourned at o'clock to $50 p. M.
The grand jury returned true bill
against Beniah Fleming, distiller of Har-
rington, for failing to efface revenue
stamps from liquor casks.
At the opening of the United States
district court, yesterday, the petit
jury was discharged by Judge Wales
until 2 p. M, the court stating the
probability Of no business being ready
for the jurors until that hour
District Attorney Watson arose and
stated to the court that Thomas Finn,
against whom the grand jury had re-
turned true bill ON the Indictment of
abssracting letters from the mail, desired
to plead guilty.
William 5. Hilles appeared for the
prisoner and made strong plea for
clemency.
He said his client has been well and
favorably known in the community for
years. He had been for ten years con-
tinuously employed at the Harlan s.
Hollingsworth shops In charge of sta.
tionary engines. He has been a letter.
carrier for three or four years, and has
always given satisfaction at the office.
Finn is married, and is the sole support
of his wife and five young children.
These facts, combined with his clients
previous good character, counsel pressed
as a strong plea for clemency from the
court
MIR. WATSON A sEcoSDER.
District Attorney Watson expressed
his desire to supplement the words of
Mr.. Hilles in regard to the prisoner.
Finn came with high recommendations
when seeking the situation at the post
office. Unfortunately he became habit
uated to strong drink. Ho was led
astray. | think Films case is one for
the commiseration and the sympathy of
the court. l ask the court for what
clemency it feels possible to show. The
prisoner has brought disgrace upon his
family, which they keenly feel.
Mr.. Watson closed his address with
the statement that in his opinion the
ends of justice would be fully subserved
by moderate punishment,
THE COURTS OPINION OF FLINN.
Judge Wales, in sentencing the pris.
oner, said it should be borne in mind
that in inficting punishment for wrong
doing the sufferings of the accused, in
the direction just referred to are not a
condition for necessary consideration.
1t is not so much for INJECTING pun
ishment as it is to deter others from
wrong doing-and this should always
be kept in contemplation. The offender
is punished more for the purpose of pre-.
venting the repetition of the crime. The
prisoner is not young man. He is quite
mature and should be able to resist
temptation. He had much more lucra-
tive nosition before he entnred tie