The sun. (Wilmington, Del.) 1897-19??, 1901-12-19

been preferred against Lynn at that
timer
Il do not know, | didn't have Lynn
arrested | was summoned to appear at
II magistrates"
S.You say he offered you $50 at first:
II said he said, If - not have til,
$50. could get it. He did not offer it
10 me-
And in twenty minutes he raised the
offer TO s2oo!'
Yes, sir.
Ibid he offer YOU the $500? Did he
| take the money out of his pocketg
NO, he didn't take out any money.
bid Mr.. Phillips hear the converse
| tiou on The earl"
/ NO. sir, think not"
How near was Mr.. Phillips sitting TO
you:'
..Ile VAS on one side and Mr.. Lynn
was on the other"
/ when MIR. Lynn offered you $500 10
clear this thing up, you took il that ht
wanted you 10 perjure yourself, didn
you:"
"Yes. sir, that's the way | understood
lit"
AFTER SON had been offered the 5000,
did you tcll your brother or your neigh
hors:'
No, sir"
"Who was The first person to whom
i You told it,
Herbert ii. Ward.
Ibid lie ask you If you had received
s2uO."
NO, sir. IIc asked il | had been Of
frr.d anything 10 change my testimony,
and the first time | didn't tell him. hni
later, did The matter Of Lynn being
after me was the general talk Of the
ucighborhood
Mr.. Bird insisted on Whitcman giving
the name Of one man in the ncishborha'd
who had spoken TO him about the otter
but Mr. Ward objected, the court slls'
tanned him.
Mr.. Bid remarked that if the witness
told the truth Il hcinouS crime had been
committed
This concluded The cross-cNamlnation
and Mr. Ward announced that the state
would rest. Mr.. Ward, however. chang
al his mind, and called detective Fat
lrdg.., who testified t. the arrest OF ME-
Liam III 0etoimr IL, and tn. hearing on
October 10.
NOTION For NON-SIIT.
Mr.. Hayes mere nlauc lll' ~ H"'' -
the Defense by asking thr court % in
struct the jury 10 bring IN verdict &C
not guilty because of rariaurr from the
facts alleged.
Mr, Hay,., submitted Ms reasons q
support lis motion for nan-Snlt. lie
commended that when the money was de-
pnSiicd IN County Treasurer Rettew N
the Farmers Bank. thr money lost ~
a -, i,.tl tF.lth
title n ownership 10 N The State docs
MOI all.gr that THE money Was III the
lcontrnl ana custody of Mr. licttew.
/. When il was deposited IN the bank rs
Mr.. Rattcw. il Mas in the custody Or I'll.
bank. AMI Mr.. Rrttcw lost title and
possession to il. aud the bank became :
debtor "a him Ii lhe bank fails, h,
argued. Mr. Rcttcw would l'sr ID,
money.
HI. intent alleged Is 10 lcfrnud IIorae,
, q. Rettrw. and il tlr money was not il
In. custody Of Mr.. l,pttew the ntrn
cannot exist The moment the count,
money went into the bank. no net of Mr.
Rcttew, could affect that money. I
could only be drawn IN warrant ~ tn
president u the Levy Court and count!
comptroller
What cheatin. ~ dcfrauding 81 Mr.
: Rett.M is there IN This rilstf'' asked Mr.
Hayes Absolutely non IT all. III,
testified thar hc never saw the warran
until II wa~ handed 10 him on thc wit
ness stald.
Attorney General Ward III reply argue,
4 Ibid you permit him IL 10 su?"
Y No. sir
: nr. Bird then hrgnn rigid rrnSs-"x
animation Of Mr.. Whitcmar.
Did Npu have any trouble IN carry
+ in= lhr mail, or lid any suspicion eve
attach u Won while carrying lht' mail,
asked Mr.. Bird.
.r Mr.. Ward vigorously ohirrtel, In
Mr. Bird contt ndel that he should h
permitted 10 ask the question. 10 attac
III" crrditihility &c the witness. 90
u knows. II we can show il. We need I
A show IL" exclaimed Mr. Bird
The ceurt ruled against Mr.. Biri. y j
II asked that the question b. stricken an
Ibid ~ ever tlkc postal tarl u
dressed 10 nr. Ban, finn tla Wfa..
asked Mr. Bird
70 Attorn"N-G,nrral Ward a.sliu aiae,
briefly that III" points raised hs NJ
er Hayes had often been Settled, MI
against the contentious IT Mr.. lIaye
r. The comfy Treasurer and receiver
taxes. Mr. Ward held is custodian of I'll
county money. mud when he deposits
nG in a bank. i is stil III his control, m
Z virtually III his possession. II is Tn
that when money is placed III Il BAN
The dcpoStor may moi RECEIVE the idrnt
rh cal dollar or coin back. Int he receiv,
n" equivalent and therefore rrtail
control over his money
y Chief Justice Lore announced that Il
MT ndcrs would retire 70 their chamber
rs discuss the points raised. They were u
Of the court room fifteen minutes. and
IN their return. the chief Justice announce
lot The question you have presented NJ
nj argued arr. grave questions and the con
m feels that il wonld like 10 have the
rk fully argued. The court win give con
81 over night to think over the question
and to prepare to make as full argumr
~ as possible tomorrow morning"
Court was adjourned until 10 o'rlo
this morning.