The sun. (Wilmington, Del.) 1897-19??, 1901-12-23
LYNN'S FATE in
JURYS HANDS
Judges of His Guilt or Innocence
Now Out.
MUCH INTEREST IN CASE
Charge of the Conrt Delivered by
Chief Justice Lore--It Was
Lengthy and Covered
Many Points.

Lawyers and spectators crowded the
county court room early this morning to
hear the charge of the Court OF General
Sessions TO the jury in the Lynn case.
The jurors We're in their seats in the
Jury box promptly at 10 o'clock. At 1925
o'clock Chief Justice Lore and Judge
Spruancc entered the court room and
Judge Lore ordered that court be opened.
Judge Grnbb was absent.
The charge, which consisted OF sixteen
typcwritteE pages, was delivered by
chief Justice Lore and was listened to
with close attention. "The defense has
asked us to direct you to render yerdcl
Of not guilty." read Chief Justice Lore,
,but this we cannot do. That is for you
70 decide under the law as we have laid
il down for YOU Twenty-Five minutes
were taken in delivering the charge III,
jury retired at 1850 o'clock.
chief Justice Lore said IN part:
False pretense may consist Of IN act,
word, symbol or token calculated to de-
rcivc another, and knowingly and de-
aigncdly employed ly any person with
intent to dpfraud another Of money or
other personal property
On this point, therefore, il you should
b. satisfied from the evidence that The
I'LL for hfty-six dollars for the work ana
labor made ont IN the name Of Lawrence
M. Whitcman was false and fraudulent;
that the work and labor had not been
performed, and that the said Lawrence
NJ. Whitcman was not entitled to any
such money that the defendant, John
iAnn, knowing the bill to be false and
fraudulent, presented it as Il just claim
40 the said George ID. Kelley, county
comptroller, for approval; then we say 10
Nou that such false and fraudulent bill
presented by the defendant would cUnSti-
int, i false pretcnse III law.
Again, il by reason Of such false pre-
ttisc. the defendant obtained the ap-
pr0yaI OF said George ID. Kelley and
through such approval procured 4 war.
rant signed by William -A. Scott, presi
dent Of the Levy Court and countcrsgned
i4 ihr county comptroller upon the said
Horace G.. Rettew for the sum Of $56:
hen said such false pretensr would bc
come Incorporated in the said warrant
np5n which it was based. and follow,
effect and faint each successive step i'll
III" transaction, up to and until the
money was actually paid to John Lynn
upon the warrant If it was paid; mas
much as said steps would only be stages
" the journey of the said false pre-
t.nScs.
Continuing, regarding the ownership
Of the money deposited III the bank the
hrf Justice said: We have carefully
examined the statute, and without sctt
]us out iii detail the different clauses
bearing upon these points, now state the
following conclusions as clearly growing
nlt pf the terms Of the statute:
That the words .receiver of taxes and
county treasurer do not describe twt
different officials. but constitute the
anne Of the person occupying one Office
Who is properly described MS the receiver
~ taxes and county treasurer" constitu-
ting one Office. one officer, with varied
DUTIES under the statute.
That under the statute, such officer
y not only receiver of taxes but an:
thMity to receive and deposit moneys
arising from taxes, etc. in the Farmers
liaik of Wilmington to his credit Of
county treasurer; but that he is also tht
,iisblnsing officer of such funds which
can only be drawn and obtained under
ihr law by warrants drawn upon nm
AS such receiver Of taxes and county
treasurer, made, signed and counter
Sign"d as required by law.
We hold that under the law, therefore.
that as such disbursing officer, he has
such control and provision of the county
funds, and that such property therein as
a sustain the indictment laying the prop
rFtN in the manner in question III him ~
receiver OF taxes and county treasurer.
LIZ, aud lps-
session of and property in the county
funds, you are to be governed by the
Iaw as we are now interpreting It to
Non, inaSmuch as the extent Of his pos
session and control of such county funds
= 4 matter of law under the statute rs
interpreted hy the court. and cannot M
determined by the opinion Of the said
Horace G. Rettew whatsoever that
opinion may be. We say to you. that
the possession and control Of the money
aud the property therein, was properly
al III such receiver of taxes and county
treasurer in the Indictment.
II is nnqnestionably true rs claimed
~ the defendant. that generally where
money is deposited in n bank. and mixed
with the funds Of the bank it becomes
~" money Of the bank. Nevertheless
when the county funds have been deposit
81 in the Farmers Bank Mt Wilmington
ns prescribed by law, and when spccIh'
sum is separated and appropriated by
sud bank or its agent. in accordance
With the directions or by authority O
!" receiver Of taxes or county treasurer
i therefore becomes and is paid ont, i
Contemplation of said statute, as IN
money and property Of the receiver Q
iaN"s and county treasurer.
shortly before o'clock tha jurors son
word to the court that they We're no
ready to come in and requested that thci
NlltlerS be sent to the jury room. IN
court gave orders for tho meals to b.
brought and adjourned until 2.S0 o'clock
y thc jury comes in today it is expecte'
wat i will not be until late this after
Noon