The Wilmington daily Republican., 1901-12-07
ARGUMENT made FOR
ACHANGE OF VENUE:
Legal Battle Now Waged Before Superior Court ia
the Case of John Lynn, President of
the Levy Court.

| tuI uSu duu al uSu ~ SaPSs'o ~
Court th,s morning by Levi {. Biz
and Walter H. Hayes. The cas-
was opened BY Mr.. Hayes, VIII
said with all differences and re
spect to the court that he woul
like to file an exception to case
Nos. 3S to 48 on the record Of Geu
eral Sessions Court.
Attorney General Ward said in
asmuch as there is pending before
the Superior Court a motion t
change venue on the reason OF th'
Court being interested parties. he
could not see how this same cour
could pass upon the motion. The
court held that it could pass upor
| the motion.
Mr.. Ward then read the follow
ing:
The State OF Delaware. by Her
bert H. Ward, Attorney General,
to the petition and affidavit OF John
Lynn. filed In the application o
the said Lynn for change OF ven.
ue for the trial of the indictments
now pending againat him IN the
court of General Sessions of the
State OF Delaware in and for New
Castle county, making answer,
saith:
That notwlthsta nding the sup
posed causes appearing in the Pc
tltion and application of said Johu
Lynn and in the atfidavts ot sun.
dry persons filed in support there
of, the said john Lynn can and
may have a tair and impartial trial
In said county of New Castle, upon
the Indictments now pending az ainst
him in said county; that the jurors
summoned TO attend this court to
try said indictments against the
said John Lynn have no pecunIa,y
interest IN the result OF the trial
of any OF the SAID indictments and
are indifferent, so far as any inter.
est is concerned. to the result of
said trial; thatiu the cases against
the SAID John Lynn, as in all other
cases OF criminal prosecution, the
juds ment Of the court, if rendered
against the said John Lynn, will
consist of a sentence imposed on
him by way OF punishment only
and will not, any more than in any
other criminal cause, result in any
pecuuiary advantage to the in habi-
tants. citizens and taxab.es OF said
county.
That in the case Of the indict-
ments against the said John Lynn,
as nthe ase Of indictments ag ainst
any other person, there hath been
public and private discussion As to
The guilt or innocence Of said de.
fcudant; but there hath been no
public or private discussion Of the
guilt or innocence OF John Lynn
or rumors concerning him. the said
John Lynn, and the indictments
against him. which should dislin-
guish the cases against MIN. the
said John Lynn. IRON any other
Grimm al charge; and that 10 pre-
judice exists among the>possUic
Jurors selected from the body 0!
New Castle county TO try the
charges against the said John
Lynn, which is different from the
natural sentiment against any per.
son charged with any crime. or
which would, to any degree. pre-.
vent the said John Lynn from hav-
ing fair and impartial trial in the
said county Of New Castle upon the
charges now pending against HIM.
That the prosecuting officers for
the said State have used no means to
secure the indictment of the said
John Lynn upon said charges which
are either unlawful or prejudicial to
the proof OF the Innocence Of the
said John Lynn upon the trial OF said
charges, If he be, in fact, guiltless.
That no general combination OF
the citizens of said county exists
for the prosecution oil the John
Lynn, or any other person, what
socver; that there exis,s in the city
OF Wilmington the Citizens Commit
tee OF Fifty, consisting OF the citizens
OF Wilmington, for the reform Of the
government OF said city and OF the
county Of New Castle; that the OBJ
jec, OF said Citizens Committee is
not the prosecution OF any particu-
lar person, but the general reform
OF SAID municipal and county gov
ernmcnt and the prevention, if pos.
slble Of the improper expenditure
Of public moneys.
That the Judges assigned for and
sitting as the Court of General SeS-
Sions OF the State Of Delaware, for
the county Of New Castle, at the
present November term thereof, are,
to no extent whatsoever, pecuniarily
or otherwise interested in the result
OF the trials of the said John Lynn
upon the indictments now pending
against him. and are not, hereby, le.
gally disqualified to sit as Judges in
said trials; that the Judgments,
which may be rendered against the
said John Lynn upon said indic,ments
now pending against HIN at this
court, if the said john Lynn shall be
found guilty Of the charges against
him, will be simply the imposition OF
sentence upon the said John Lynn
for the punishment of the sad John
Lynn imposed by the law Of the
State.
That the supporting ahldavits of
the sundry atliants, as filed in the
said application to change tie venue
OF the trial Of said causes are wholly
inadequate TO establish the existence
Of any undue prejudice against the
said John Lynn in the trial OF said in.
dlctment against him; that MiIlard
+. Gregg, Robert W. Currinder, Lind
say S. Wilson, John w. Mccoy and