Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-12


Lynn did obtain by false pretences the
money represented in the several war.
rants. aud YVES guilty of the larceny OF
500 as set forth 10 the indictment
against him for larceny, and still has
the money in his possession, whose
money was itf Who 10 the loser therby?
Certainly the taxable citizens OF New
Castle county.
The light to change the venue in n
criminal case in this State upon the
ground OF a Jurors interest as n tax
payer, where the county has lost by
default Of enc OF iis officers, is a com
mon law right
The coniaou law right has been
changed 10 this respect by statutes in
many of tbs States, notably Massa.
| chusetts, IllinoiH, Georgia, New Hamp.
| shire, New York and Michigan. This
common low right has also been
changed by the statute of the State Of
Delaware respecting the Trustees of the
Poor.
There is no other statute Of the
State of Delaware changing or Affect
ing in any way tina above common law
right.
II this Jury is disqualified upon the
ground OF interest, then any jury drawn
in this county under the laws the
state would he disqualified
Whether the question arises upon a
challenge as to the incompetency of
the juror at the time of Inc trial or
upon motion for change of venue, vt
10 the same; and must result in a
change of venue or the failure of
justice.
The court has full power to change
the venue.
As above stated theyo is no statute in
this State, as IN most of the States,
qualifying or dIslualifying Juror who
is taxabis citizen from slit az in a
trial where the county or the NUM-.
ciraity is tinano ally Interested, and
there being none, he cannot sit 10 the
case in VIII oh he has direct interest.
The interest, IL interest there be, no
matter how small or mini est NAL, can
not be weighed; the slightest interest
is sufficient to disqusliiy. What might
affect Que mind might have no effect
upon another
Prejudice is so strong that an i'm
partial Jury cannot be obtained is good
ground for change OF venue.
Tho courts of this State have decided
that an affidavit upon which an appli-
caticn for charge of venue is founded
must set forth facts and not he
lief The very fact that change of
venue cannot be obtained in this State
unless y~u set forth the facts in the
affidavit for tbs change OF venue is
calculated to raise a prejudice against
the defendant
The reading of the Affldayits. publi-
cation thereof. and pubic criticism
ihereupon, necessarily so result.
In the course OF his address, Mr..
Bird said: In this county there has
gone up a cry that this Levy Court is
corrupt. You know 1t. Every man
KNOWS it who is not deaf and dumb. Ii
IL in the air.
The attorney he'd that no matter if
man would say he was impartial, it
won d be impossible for aim not to be
affected BY the public talk
With reference to the allegation of
interest upon the part Of the judges,
Mr.. Bird said he had nothing against
the judges. and the point was presented
only out OF a regard Of duty to the
client, similar motions being made be
fore other courts. The court told Mr..
Bird that they knew he had no ubiec
tion to them.
In replying to Mr.. Bird, Attorney
General Ward fret devoted himself to
the subject of prejudice and argued
that the aifidavits presen ted by the de-
PENDANT were utterly insufficient to
show such q prejudice as would indi-
cate the impossibility of Lynn's seeur.
ing a fair and impartial trial. He
maintained that every person charged
with larceny, might claim that resi-
dents of the county were interested be.
cause q fine might be imposed, which
would go to the county. He raised the
question as to where State treasurer
who had stolen State money could be
tried. if defendants argument was ac-
cepted.
The matter of the bonds Of the Street
and Sewer Directors is to come before
the court next Saturday.
John Lynn, president of the Levy
Court must stand trial before the
General Sessions Court of the State of
Delaware, in and for New Castle
county, on the charges OF larceny and
obtaining money under false pIetenues.
That court on Saturday afternoon
refused to grant change OF venue TO
hent county and TO quash the indict.
ments alleging the obtaining money
under false nreterces. Mr.. Lynn s trial
is set for Wednesday, December 18th,
on which date 1t is likely to begin,
barring the granting Of continuance
for legal reasons.
The closing argument on the motions
for change Of venus and to uuash ma
presented by Walter II. Hayes and Levi
o. Bird and opposed by Attorney.
General Herbert II. Ward and Dsputy
Attorney General Robert II. Richards.
was heard Saturday afternoon. In
asking the quashing of the ipdict
ments, Mr.. Hayes held that every grand
jur to whom the ta1a was presented
aud by whom considered aud returned
was taxable citizen and the financial
interest cannot be waived second. that
the indictment is uncertain, indefinite,
and Insufficient. He quoted author ties
showing that a judge has not the right
TO try q case where he is interested.
Mr.. hayes argued that the indict.
ments were defective in that they con
tanned no averments that any false
pretenoes were made by tho defendant
to County Comptroller Kelley while be
was, before countersigning the warrants,
Investigating the Transactions; and
that it was nowhere alleged that the
| comptroller did inquire into the trans.
actions 10 relation to which the several
warrants were drawn. He maintained
further that the State should have
alleged where tho work was done and
where the materials we're furnished.
Mr.. Ward replied that the State said
the work was not done at all.
1t was done and We eau prove It -
declared Mr.. Hayes, repyinq TO n
remark OF Judge Spruance's on that
point ~
Mr.. Richards CLOSED on the mart of
the state. lie held that it made no