Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-26


on the warrant he did not get money
that belonged to Mr.. Rettew. When
the bank paid the warrant, it paid
money it owed to Mr.. Rettew. There
was absolutely no connection betwe,n
the defendant and the man who paid
the money out of bank.
The attorney cited tine cage of Daniel
Corbit va. the Smyrna Bank, wherein
Mr.. Corbit attempted to secure about
81, 500, the face value OF bank notes he
had deposited, the Maryland bank
which had isszed them having sus-
pended pays1ent The Smyrna bank
was reqaired to pay the amount, as
having accepted the bank notes as coin.
MIR. Hayes went on to say that Rettew
had parted with title to the funds.
| Mr.. Hayes concluded about IL. 80
O'Clock, and the court directing Crier
Smith to preserve order, retired to the
judges parlor.
TIE MOTION REFUSED.
The court was out about a minute.
On the return of the judges, Chief
Justice Lore said:
Gentlemen, the court is unani-
mously of the opinion that this yequest
to direct the jury to return verdict
of not guilty be refused -
MIR. Hayes wanted to note an ex-
oeDtion to the opinion. The cours said
he could not do SO. But the attornSv
insisted that it had heen done anu
produced the case OF the State vs..
Foster, in which an exception had been
noted under similar circumstances.
Then the defence was allowed to note
an exception.
The argument had been listened to
with deep interest throughout.
The defence had its first innings
! Thursday Afternoon before General Ses-
sions Court in the case of John Lynn.
charged with obtaining money from
New Castle county, under false pre-
tences. Levi G. Bird asserted that the
800 in the case was expended for county
work and turned over by Lynn TO
Lawrence M. Whiteman. The defendant
testified that no made out the bill from
memorandum given him by Whiteman
and paid Whiteman tho money: and
| that he made no offer of 5000 to White
man to settle the cass Other witnesses
| testified IS to an interview between Lynn
and Whteman in October 1900, and as
to working on Tweed bridge, across
White Clay Creek, which the defence
claims is where the work represented
by the S56 was done.
After court opened for the afternoon,
Chief Justice Lore said to Bailitf
Monaghan;
"Mr. Monaghan, you are to keep that
space back OF the jury box clear; admit
no one there except by order of the
| court -
IAN right, your HONOR" said the
bailiff.
THE DEFENCE OPENS.
Levi O. Bird, in opening for the de-
fence, said:
There's an old. saying, gentlemen.
that one SIDE of story is all we'll,
until the other side is told. / think
you will agree with me, WHEN this de-
fendant closes his case. that he has
been held up most falsely TO you, to
this community and to himself as an
official of this county.
1.-The indictment charges that John
Lynn, by false pretences to Comptroller
Kelley, cheated and defrauded County
Treasurer Rettew. | say to you that,
barring the testimony of Lawrence M.
Whiteman, there isn't a scintilla oi
evidence supporting that charge. Bar
ring the testimony OF Wkiteman, there
isn't enough of evidence to convict a
dog
we oudll buUW luhb tu6 CUO NbuJ tUI
work done for tbs county. We shall
show that Lawrence M. Whiteman did
that work; that John Lynn made out
the bill from items furnished by White
man that the bill was approved; that
as Whiteman lived distant from The
city, Lynn receipted for the warrant
and paid him the S56 in the presence ol
two witnesses.
If We shall show you that, We shall
argue that the county has not been de.
frauded of penny.
JOHN LYNN ON THE STAND.
"John Lynn" said Mr.. Bird, an6
the president of the Levy Court tooh
the stand and was sworn.
Questions by Mr.. Bird:
What is your position?"
president OF the Levy Court"
"When did you become president?"
"First OF this year. z
"Who was president in 1902"
William A. Scott"
"Will you look upon taat bill ano
tell me whose handwriting Mat is?''
''It is in mine. y
"Upou what information, Ii any, die
you make out that bill?"
"Mr. Whiteman gave me memor'
andnm for work on Tweed's bridge,
asked me TO make out the bill ano
bring him tine money.
tMr. Lynn, read the bill aloud. Die
every item in that bill come from
Lawrence Whiteman?"
"Yes he gave me the memorandum. >
,"Did you, upon the strength Of thai
bill, and ON Information received, have
a warrant made out?"
Eyes -
"Did Mr.. Kelley approve the bill?''
"Yes, sir. p"
"Was 1T on the strength Of the bill
that the warrant was made out?'
Eyes. ="
"What became OF that warrant after
it came to your"
II deposited it in Central Bank and
goS the money on it. F"
"What did you do with the money!
Paid IL to Lawrence Nj. Whiteman. y
"When?''
~ cannot exactly say some time be,
tween October I'd and 18th, 1900.
"D.d Whiteman come to you, or did
you go to him."
lie came to my hnuse in Elsmere. "
"That did he come there for?"
For this money.
80 you have any conversation with
him at that time, and what, if any
thing, did MIR. Whitemsn say?"
Oh .ected to by Mr. Ward.
Court held that as the purpose was
to contradict Whiteman the same ques
tions must be asked Mr.. Lynn as were
asked Whiteman.
Ibid you at that time hand White
man the $50 mentioned in that bill and
that Warrart To-"