Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-19
The Jury Vas Drawn, After Numerous
Challenges, 10 the General SeS-
siOnS Court, Yesterday.
DEFENCE OBJECTED TO PANEL;
OBJECTION WAS 0VERRULfD
Acknowledgement Ward Opens
for the State.
EVIDENCE GIVEN ABOUT THE WARRANT

table occupied by the reporters. Both
men were tali uns of them had black
hair; the other mad gray, almost white,
hair. They we're John Lynn, president
of the Levy Court, and Henry N.
While, former member OF the Levy
Court, who were awaiting trial on
charges of obtaining money under false
pretences from County Treasurer Horace
q. Rettew.
But the civil business did not take
long and soon MIR. Lynn was called by
Levi q. Bird, Of his counsel, to come
to the cente OF the hhr s ace. This
trial OF the president of the Levy Court
was about to begin.
In expectation of this trial, many
citizeEs were present, although thera
was still room 10 the auditorium. On
the bench weFe Chief Justice Charles
b. Lore nnd Associate Judges William
o. Spruanoe and lgnatius U. Grubb.
Attorney General Herbert III. Ward,
with one or two documents in h 8
bands, and Deputy Attorney General
Robert II. Richards, with q greer bag
loaded with books, were on hand sunn
after court opened. Levi @. Bird and
Waller II. Hayes, Lynn's counsel, sat
at the table in the centre OF the b.r
Have you anything Tor trial?'' asked
Chief Justice Lore OF Nj. Ward.
Mr.. Ward announced the State 8 readi-
ness for trial in case No. 40 on the
docket, the case of the State vs.. John
Lynn.
both sides announced their readiness
for trial. The witnesses on both DIES
were called. Among those Tor tho State
were County Comptrol or George D.
Kelley, County Treasurer Horace q.
Rettew, William a. Scott, Joseph
Higgins and John N. Carswell. Some
Of those Tor the defence were X. Lewes
Armstrong, Joseph l. Carpenter, Jr.,
DR., Joseph H. Chandler, Thomas Toy
Bud tatrlek Fahey.
When some of the defence's witnesses
did not answer, Mr.. BIRD exclaimed:
we cannot go to II ial without some
of these witnesses, and will have TO
take attachments. 1t developed, how
ever, that the only one needed in this
trial who d not respond was Frank
Vansant An attachment was issued for
him, and Chief Justice Lore instructed
Sheriff McDane ell that the service OF
the attachment must take precedence of
all otner business.
Attorney General Wsrd.said that the
State had eight or ten witnesses to
cross exalcIuation was likely TO 60 into
the afternoon, which ought 10 give the
defence time to get its witnesses. In
case, however, the witnesses could not
he secured when the defence reached
the point where they were needed he
was willing to wait until they were Sc
cured.
rnE JURORS OBJECTED TO.
Mr. HAYES presented to the court the
following formal objection TO the array
of jurors ,o, :.
''And now, to wit this 18th day Of
December, A. ID. 1901, the SAID de-
fendant. by Walter II. Hayes and Levi
q. Bird, his q turneys at the bar of the
court here. challenge the array of the
nauel of the petit Jury, now in attend.
ance upon this honorable court, and
which constitutes tue petit Jury Of the
sald court for tho present term thereof ;
aud assigns for cause of said challenge,
the follt ing, viz:
II. That each and every one OF sai,l
jurors is taxable citizen resident in
New Castle county.
%. That each aud every one Of said
Jurors has a peouniary interest In the
result of the trial Of the defendant, on
the above stated indictment, which
peouniary interest exists by reason OF
their being taxable citizens of said
New Castle county.
fairgrounds in this objection are like
those urged by counsel fer the defence
in their motion for change of venus
The c,urt filed the objection witt
Prothot otary Speakman, and directed
the tria, to proceed
Mr.. Hayes announced that Mr.. Lynr
Headed not guilty 10 the indictment
DRAWING OF THE JURY.
The drawing OF the Jury then began
The original IL were as follows:
Lewis y. Morrow, Wilmington hun
drsd.
John Hamilton, Wilmington.
Robert H. Kite, Wilmington.
j. Cowgirl Aston, ST. Georges.
William l. Derickson, Blaokbird.
Stephen Downey, Wilmington.
Frederick Nv. Fisher, Chr siiana.
Philip r. CLARK, Wilmington.
John s. King. New Castle,
Jsmes l. Ford, Wilmington.
William j. Stroud, White Clay Greek
Charles B. Stewart Hencader.
The defence was entitled to six an
the State to three challenges, and al
were exhausted.
John Hamilton was challenged b
the defence, and Lewis T. Grubh, vii
mngton, took his place. but he ais
was challenged by the defence. Ths
the name OF Frederick II. Molntirt
fencader, was called, hut he had bee
excused on account OF illness. Edwar
Challenger, New Castle, was called
but no was challenged by the dsfenos
Finally that seat was filled by jaime
v. McComb, Brandywine.
William l.. Deriokson was challenge
by the State. Hervey Walker, Mi
Greek, was called, nut had h irdl
reached the box, when the defenC
challenged him. Mr.. Walker was tn
Democratic nominee for levy courtma
against Mr.. Lynn in the last eotior
Paschall Dixon, Brandy wine was ne,
called and remained unchallenged.
Frederick W. Fisher was challenge
by the State. Frank Poole, Samuel ,
Wright and Horace johnson we're Q!
cussd Winfield s. Lattomus, ApIt
quiniminlS, was accepted.
John S. King was challenged by IL
State, and Isaac s. Bullock, Wilm I'M
ton, who succeeded King, was cha
lenged by the defence. j. Fran
Reybold, Red Lion, was called ar
allowed to remain.
James I. Ford was challenged by II
defence and James Carpenter, Jr
Christisna, Took his place.
The Stats did not use its right
challenge WREN the list was first handt
t1it, aud Asaeu the court whether
had the right to reserve challeng
The court said it could do SO and cot