Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-11-28
INDICATIONS OF
A SPEEDY TRIAL
Cases Of Lynn and White to be Tried
In General Sessions December 18th.
MAY ASK A CHANGE OF VENUE
Such a Motion Must be Made
by December 9th.
THE DEFENDANTS IN COURT MONDAY

John Lynn, president of tho Levy
Court, Indicted under oue charge of lar
ceny and ten OF obtaining money under
false pretenoes, and Harry M. White,
.foi mer Levy Cnurtman, indicted under
"a charge of obtaining money under false
ipretenoes, we're before General Sessions
ICourt Monday morning, and Wednesday,
december 18th was sat for their trial.
Levi y. Bird and Walter II. Hayes sug
gested that they might move for o
change of venue, which would mean
trial in another county and for the
quashing of the indictments. The court
decided that they must make such
motions, il at all, 10y December 9th. the
date when the grand jury is to resume
its work.
Mr.. Bird brought the subject to the
attention of the court by saying:
IL your honors please, thers are Ger.
tain indictments found against John
lynn at this term of court. There are
eleven indictments, one charging a
felony and the other misdemeanors.
Mr.. Hayes represents John Lynn and
am associated with him. The moment
the bills were found / applied to my
friend, the clerk Of the peace, for copies
OF th.se indictments, and l know he
has exercised his time and that of a
clerk and yet has not been able to give
them all to me. AL these indictments
alleging misdemeanors are for different
offences. In each of these cases it was
,sasy enough for the atrorney-general to
Rrecify in whose name the warrant was
issued it is quite another matter when
We come to make the defence, for it in
wolves a full and complete examination
OF the records OF the Levy Court con-
oerning work done and materials fur.
nished; to say nothing Of the sxamina-
tion OF the law with reference to a
change OF venue or TO quash the indict-
ment on reasons, which We believe,
will appeal to the Judgment of the
court. So Ii behooves us to have time
in which to prepare.
II say in good faith to the court
that John Lynn does not want any un-
necessary postponement. He is ready
for trial as soon aa his counsel are able
to examine the law and the facts. But
! say there are points of law for exami-
nation on change of venue, il We de-
5rpide 70 apply for il, and there is this
extensive examination Of the facts. and
1 know your honors will agree with me
absolutely, If you knew how much ia
required. ! will not read the indict-
ment; l dare say your honUrs are
familiar with it. should say we should
not be ready until near the end of this
term. We are willing to increase the
bail to any amount. II we 60 to trial
an this court Wa may be ready this
term. II the attorney general will
fpecify which case be will try first, we
might save some time. Both Mr Hayes
and myself have civil cases at this
term
Mr.. Bird suggested that they might
lbe ready to proceed to trial after the
OWL list is disposed of, or about De.
icember 18th. Mr.. Hayes announced that
should any motion to quash the indict.
Imente be made it would be made before
'December 9th, the date for the return OF
the grand jury.
: Attorney General Ward eaid: "May
lit please the court, the State is ready
and we desire. of course, to try these
cases at the earliest possible day Other
criminal business will, however, occupy
the balance OF this wsek, ard unless
those cases are displaced, these others
will hardly be tried this week. These
cases will probably take some time. as
they are to be ably defended, and ii
may be we'll to wait until after the
civil business.
In consideration Of this late dsy eet
Tor the trial of these oaveH | would eug.
gest that the learned counsel's offer be
maize condition; that in ounsidera
tion OF the postIonement, they will
make their motion before the returr of
the grand jury, December 9TH, so that
we VIII know what we are about. f"
Mr.. Hayes iepl ed: 1--WE do now,
with single exception agrse That
exception is that ii we find that an i'm
portant witness ca met be secured, we
: may apply for continuanoe. We don q
know that we will have auy such diff.
Guilty"
MIR. Ward would not agree to this. on
the ground that when the time is fixed
for trial, the case ought to 90 to trial
Suppose that the main witness bo
ientreated TO go out Of the Slater" ex.
claimed Mr. bird.
We arc not going TO induce him.,
returatd the attorney general.
1ou are not tho only one inter.
ested, y said Mr.. Bird, who added to
the court, that IL they found that
material witness were missing, tbay
could not and would not try the case.
- After looking over the Superior Court
trial list, the court decided that the
Date for Mr.. Lynn's trial on the merits
should bs Wednesday. December 18th,
and that all motions, not going to the
Juerlts, must re submitted by Decem-
iber 9Th; with reference to contingencies
that may arise as TO witnesses the court
Will consider them when presented.
But you must summon your witnesses
NOW, said Judge Lore.
Mr. Lynn was under $1,000 bail in
each OF the two Of the cases, his bonds.
men being George W. Phillips and
Michael Dcnoho. On the remaining
nine, the State Issued capiases for tbe
Levy Courtman, and on each of them.
a bail of 81, 200 was required. John E'
Taylor, John Craig and Charles M.
Smith were accepted as security On
each, and sdr. Lynn was discharged on
: the recognizance.
Alexander B. Cooper, who with john
IL. Rodney represents Harry w. White.
the former Levy Courtman, who IL
charged with obtaining money under
false pretences, announced to the court
that there is an indictment against him
similar to some against Lynn. "It Ia
agreed. /" he added. that that case 90
over until December 18th, with the
same understanding as in the other, but
with the additional understanding that
tthe counsel In the case have full accesss