Evening journal., 1901-12-23
ASKED FOR THEIR DINNER
Impression Prevails That Jurors
Will Not Reach an
agreement
CROWDS AWAIT The VERDICT
Chief Justice Lore Delivered Lengthy
and Impartial InStruttiOR-Rull
Text Of Charge

ltAI vi OndIgO
At 2 O'Clock this afternoon the jury
in theI4ynn case had not returned YER
dict to General Sessions Court.
Judges of the Court OF General Ses-
sions were late in getting on the bench
this morning, and in consequence the
jury in the Lynn case sat in the jury
box from 10 O'Clock, the hour of the
opening OF the court until 1925 o'clock,
at which time the judges filed in and
charged it. The charge was accord
ing to the statutes, and impartial in
every particular. A large audience
heard it read 1t was as follows:
Gentlemen of the Jury: John Lynn
the defendant, is indicted for obtain
Z ing money under false pretenses.
The Indictment charges, that on Oc
tor 2, 1900 the defendant, John Lynn,
intending to cheat and defraud Horace
G. Rettew, receiver Of taxes and'county
treasurer of New Castde county, know
ingly and falsely pretended to George
ID. Kelley, the county comptroller OF
said county, that certain work and ia
Dor had been done by one Lawrence NJ.
4 Wlhteman upon bhidges in the said
n county, and that the said Whiteman
4 was entitled to be paid therefor; when,
in fact. no such work and labor had
4 been done.
That the said pretense consisted OF
a false bill. which is as follows
Wilmington, Del, Oct. 3 1900.
a Levy Court, New Castle County.
To Lawrence NJ. Whiteman, DIT.
4 First district For repairing bridges
. men, days, $3.50 per day. ....... $40
9 men, days, $500 per day. S24
men, days, $3.50 per day. ..S12
SOC
o. X. j. L.
That by said false pretense he Sc
cured the approval of the said bill by
the said County Comptroller; that by
reason of and pursuant to said false
pretense he then procured the approval
thereof by the Levy Court, and OBJ
tained q warrant upon the said Hor-
ace G. Rettew, receiver Of taxes anc
county treasurer, commanding him tC
pay to the said Lawrence M. White
man, or bearer, the sum of tifty-si2
dollars, which warrant was signed by
William A. Scott, as president of uhs
Levy COURT Of New Castle county, coun
county comptroller. That the said de
fendant further I'M pursuance of sait
false pretense, received the said war
rant in his possession, endorsed it witl
his own name, and procured the sam'
to be paid out of the funds, cash ant
money of him, the said Horace G. Ret
tew, receiver of taxes and county treas
urer, as aforesaid; which money b.
did then and there convert to his owl
use.
It is claimed by the State that tn
moneys of said Horace G.. Rettew, re
n ceiver Of taxes and county treasurer
were on deposit in the Farmers Ban
at Wilmington that John Lynn re
ceived the money upon the waTran
from the Central National Bank c
Wilmington, that the warrant the
passed through the clearing house I
the said Farmers Bank, where tn
moneys of the said Horace G.. Rettey
receiver of taxes and county treasure
We're deposited; and where he had al
ranged that warrants on him, as sue
receiver of taxes and county treasure
SHOULD be paid.
The indictment is framed under Il
act of the General Assembly, passS
February 2S, 1857, Revised Code, 95
which reads as follows:
THAT if any person shall. by al
false pretense, obtained (Obtain) fro
any other person any chattel monr
or valuable security, with intent
cheat or defraud any person of Il
same. every sudh offender shall
guilty of misdemeanOr." etc.
In order to convict under this i
dictment the State must prove to yo
satisfaction, beyond a reasonable dOub
/. That the defendant knowing
made a false pretense;
2 That HE made such pretense wi
intent to cheat and defraud Horace
u Rettew. receiver of taxes and coun
treasurer;
3. That by such pretense he actual
did cheat and defraud the said Hora
G. Rettew, receiver Of taxes and coun
treasurer. and did obtain from h.
thereby in coin or paper money,
both, lawful money then the proper
Of the said Horace G. Rettew. receiV
of taxes and county treasurer afol
said.
A false pretense has been defined
be. such a fraudulent representa-
of a fact. past or existing. by pers
Vi whc knows M 10 oe untrue. as Is ada
ed 10 mcuce ths person 20 whom it