Evening journal., 1901-12-19
lynn TRIAL
WILL CONTINUE
Durt Refuses to Grant De-
sired NOn-Suit
.ETTEW OWNED THE MONEY
.ttOrneyS Bird and Hayes Pre-.
sent Strong Argument in Sup
port Of Contention
DEFENSE HAS MANY WITNESSES

I DEFENSE HAS MANY WITNESSES
Examination of witnesses in the case
the State VS. John Lynn, is being
ontinued in General Sessions Court
his afternoon. the court having re-
used to grant a non-suit in the case,
S was applied for by defendants
ounsel.
Immediately after the opening Of
he Court of General Sessions this
Y morning, Attorneys Walter H. Hayes
md Levi c. Bird vigorously attacked
he indictment charging Levy Court
nan john Lynn with obtaining money
under false pretenses from Horace G.
Rettew, receiver Of taxes and county
treasurer of this county, on a false
fand fraudulent warrant The court
limited the attorneys to one and a.
half hours a side, which gave the
lawyers for the defense three-quarters
of an hour each. Mr. Bird opened for
the defense and was answered by Mr..
Ward. MIR. Hayes followed Mr.. Ward,
and the authorities cited proved that
a variance in an indictment was fatal
to it, The ground upon which the de-
Tense asks for a nOn-suit is that Hor-
a ace G. Rettew, either as receiver of
county taxes or county treasurer, is
not the owner or custodian of the
money from which the $50 was drawn
by Mr.. Lynn.
On the stand yesterday Mr.. Rettew
testified that he deposited the money
/ in the bank, but could not draw it out.
even to the amount for his salary Mr..
Bird presented his brief and presented
many authorities to bear out his con
tentionL
DEFENSE MAKES CONTENTION
I'VE desire especially to call the
court s attention to the following allie
cations in the indictment" said Mr..
Bird
"That the defendant designing and in
tending to cheat and defraud a certain
Horace G.. Rettew, the said Horace G.
Rettew being the receiver of taxes
and county treasurer Of New Castle
county aforesaid;
In furtherance of the said false
pretense and pretenses Of the said de
sign and intention of the said John
Lynn to cheat and defraud the said
Horace G. Rettew, the receiver of
taxes and county treasurer of said
county aforesaid;
IN furtherance Of THE said false pre-
tense and pretenses, and the said de-
sign and intention of the said John
Lynn to so cheat and defraud the said
Horace G. Rettew, receiver Of taxes
and county treasurer, as aforesaid;
"And in further pursuance OF and by
color. force and means of said false
pretense and pretenses, and other de-
sign and intention of the said John
Lynn TO cheat and defraud the said
Horace G.. Rettew, receiver of taxes
and county treasurer, as aforesaid;
THE said defendant did then and
there unlawfully, knowingly and de-
eignedly obtained from the said Horace
G. Rettew, receiver Of taxes and coun-
ty treasurer for said New Castle coun-
ty, as aforesaid, sundry coins, the
money and goods, chattels and prop
erty of THE said Horace G.. Rettew, re-
ceiver of taxes and county treasurer
aforesaid with the intent then and
there by means Of the promises To
cheat and defraud the said Horace G.
Rettew, of the said county to the
great damage Of the said Horace g.
Rettew, said receiver of taxes and
county treasurer;
THAT the said defendant then and
There did cause and procure the said
certain warrant then and there to be
paid in cash out OF the fund, cash and
moneys then and There the property
Of, and in the possession Of him. uhs
said Horace G. Rettew, receiver o.
taxes and county treasurer. as afore
said;
"The following facts affirmative ap
pear from the evidence of the State il
this case:
That Horace G. Rettew never knew
anything about the payment of th'
warrant in question;
"1lhat he never had any conversation
of any kind, at any time, with tlhe de
fendant in reference thereto;
THAT said Horace G.. Rettew eithe
officially or otherwise was deceived o
defrauded;
THAT said Rettew, as receiver o
taxes, received divers moneys, an
when he did so deposited them in tn
general account mot differing iron
any other accOunt) in The Farmer
Bank, at Wilmington, as required b
law;
4udN Sellu AHOHSSSi WntA ~ uSPoslt
ed, were mixed and deposited in tn
general deposit fund of said bank;
"That all of said moneys were de
posited in said bank to the credit c
the County Treasurer;
THAT the said Rettew. as receive
of taxes and county treasurer, or eithe
of them, or as an individual, had n
power to draw any of said moneys on
of said bank by any check on orde
made and signed by himself. or Other
wise. not even his own salary;
THE said account of said Count