Evening journal., 1901-12-20

reputation.
There was a number of others who
gave similar testimony
James Harkins, who lives near
Tweed's bridge. had not seen any
work done there after the work was
completed by Whiteman in August.
1900, and for which Whiteman said he
received $159.
Mr.. Whiteman again took the stand,
and said that the warrant for $3.50
represented all of the work done ON
Tweed's bridge by him in 1900 He
said that the work was finished the
| first week in August. With Mr. White
mans testimony the State closed the
rebuttal and rested, and the defense
also rested.
OTHER GASES POSTPONED
Mr. Ward informed the witnesses
| fer tle State and for the defense in
the Lynn cases that they were dis
charged from further attendance at
this term of court. If they are needed
they will be subpoenaed to appear on
January 13. The attorneys presented
copies of their prayers TO the court,
and will argue them this afternoon. The
jury may not be charged unit! Mon
day morning.
CONVENTIONS OF ATToRNEY-oENERAL
Heiorc the jury Mr.. Ward contendel
as follows:
Any false act word, symbol or
token calculated TO deceivt another and
knowingly and designedly employed by
any person with intent TO deiraud
another out of money, or other per-
lsonal property, and by means of
which such person obtains from an-
either any money, or either personal
property, with intent to defraud any
person out of the same, is falGe pre-
tense in the meaning OF the statutes
in that behalf; and any person using
such act, word, symbol. or token with
the inter and result aforesaid Is guilty
of obtaining such money or other per-
sonal property by false pretense.
-. The false representations sufli-
cient to sustain charge of obtaining
money by false pretense, need not nee
essarily be words spoken or written cx-
expressly setting forth in terms the
false pretense. If the jury believes
from the evidence that john Lynn pre-
sentcd to the Comptroller Of New Cas-
tie county a bin purporting to have
been rendered by Lawrence NJ. White
man, to the Levy Court of New Castl,
county for work and labor done by him
for the county, knowing the same tc
be a false bin. and that the sale John
, Lynn affixed thereto the letters o. x.
j. L. and that such letters were re
lied upon by the said Comptroller az
. meaning that John Lynn vouched fol
the correctness of such bill, when. IL
fact, the said Lawrence M. Wdtemal
had not rendered the said bill to ,h
b said Levy Court, and had not done o.
furnished the said work and labor rep
resented in such bill, such work o
! acts on the part of the said John Lynn
} would amount in law TO fa.se pretens
given to the said County Comptroller.
"3. If the jury believes from tn
r evidence THAT John Lynn, by false pre-
lenses. knowingly and designedly. ob
tanned the approval of the said Count!
Comptroller for New Castle county o
the bill purporting to have been ren
dered to the Levy Court for New Cas-
tie county by Lawrence NJ. Whiteman
( introduced in evidence in this cause
that by the force and virtue, and q
a result of such approval b. sucl
Comptroller and Of the said false pre-
lenses, the said bill was, on the mo
tion of John Lynn, passed and ap
proved by such Levy Court, that as
result of such approval of said bill b.
such Comptroller and of the passin
and approval of said bill by such Lev
Court, the said John Lynn Obtaine
the county warrant. introduced in evi
dcnce in this case, and that John Lyni
c obtained, by means of such count
warrant, the sum of $50 out of IT,
money in the custody and control @
n Horace G. Rettew, the receiver OF take
d treasurer of New Castle county, the
n in contemplation of law the said JOh
Lynn obtained the said sum of $50 frOI
n caid Horce G. Rettew receiver of take
d said Horace G. Rettew, receiver of take
s. and county treasurer by false pre-
lenses; for no matter how circuiou
= the route of the said bill and of th
% said county warrant drawn in cOnsC
lquence thereof, the original falaC pre-
n tense made Ito the said County Conn
troler, if the jury believes that sue
is false pretenses were in fact so made
such County Comptroller, were, IN COL
p temptation of the law, present at aac
stage of the route of such bill an
warrant until the money was ubtaino
n on such warrant
10 "A. When an Indictment for cheatin
. by false pretences alleges that the none
or goods were obtained by several spec
. fed false pretences, il is not necessary
prove all of the false pretences charged
III but proof of any one of such false pr
ID tences to the satisfaction of the jury an
i. that the money or goods were obtaine
thereby, is sufficient
% That whether or not John Lynn d
tended to cheat and defraud the receive
IS of taxes and county treasurer Of Ne
he Castle county out of the money specific
A. IN the Indictment or oH Hany part thereo
ID, may be Inferred by the jury from all
lg the acts Of John Lynn and all the fac
on and circumstances OF the case which ma
N, have been proven to the satisfaction
n the jury.
ad "6 That under the law of this Sta
he defining the custody and control of 1
receiver of taxes and county treasurer
he the moneys held by him by virtue of
hn office. such receiver of taxes and coun
80 treasurer has possession, custody a
I'd control of such moneys as constitute h
li,. a pronar nprson i'm his official capacl