Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-19

ran on lhs rags by cning his name
oppos to wa rant ~ $50.
ihe stub book was admitted in evil
deco so Rr as II re ated to that page.
On osa examination ny NJ. Have
Mr.. Jamie sud that the body nj the
warrant wHs drawn ny Mr.. Eliasou,
who was at that tims n clerk in the
Office. Mr.. Jnnvior be ieyed it was Mr..
FL ason who crossed out the words Ito
the order of, - and inserted the words,
"or bearer. "
Would the bill have besn approved
il it bad not been before the Levy
Court?'
Not Intentionally. 4 es
1t took the usual course OF bills?"=
There is nothing to indicate other
wiso. -
On redirect examination, Mr.. Ward
asked:
Were all bills at that time sub y
mitted to the Levy Court for a formal
vote thereon"
mo, sir. I"
BY Mr.. Hayes: "Was it not frequent
that the Levy Court Commissioner read
the bills for his district, and then some
one moved that they be allowed?"
1t was done sometimes "
Mr.. Janvier was recalled by the
State, and testified from the minutes of
the Levy Court that on October Cd,
1900, Mr.. Lynn moved the approval OF
bill 10 he charged to the First district
appropriation, including the Whitemnn
bill.
who was tho Levy Corrtman from
the First district?"
John Lynn. !"
Then these we're charged to his own
dIstr ctr
"Yes, sir. -
Harry &. Chandler, olork in the Cen.
t'al National Bank, teatified that the
Whiteman warrant WIS dashed at Cen.
trail bank, October 10th, and went to
the uearing house next day. bearing
the stamp of October 18th.
WHO Enid out the money!" asked
Mr.. Ward.
II did,"
ITO whom, IL you know?''
81 judge, tn John Lynn.
Defence wanted statement ruled out
objection overrulea; exception noted.
Mr. Chandler explained that he judged
that he rsid 1t to Lynn because 1t wat
endorsed By John Lynn, and because il
was the RUE to pay checks only to the
person endorsing them,
In repl; 10 Mr. b I'd, Mr.. Chandler
said thai the on,y evidanoe he hat
that Lynn got tho money was his nam'
On the back # the check.
John n. Carlweli. tel or of tn,
Farmers Bank, testified that ii is tht
custodian nj county funds and that ht
looks after county money by arrange
ment with the county treasurer. Th,
county treasurer deposits all accounts
in his name, and the warrants arr
cashed by tbs bank and kept al
vouchers. The witness testified that hI
kent accounts Ter the county treasurer
and he identified book containing tn
cash account kept by him Tor th
county treasurer,
The cash book shows that the war
rant OF $50 was paid October 18th, 1900
out OF the funds in the possession o
County Treasurer Rettew. Tho hook
was admitted in evidence as to tn
item.
Mr.. Bird objected TO the admission o
the book IN the ground that it mp
| pesred to be the book OF the count
treasurer, whereas the office is that o
receiver OF taxes and county treas
urer." The court overruled the oh
lection. and the defence noted an ex
oeptiou.
On further examination, Mr.. Cars
well said he kept the book for com
pensntion. 40
A ter warrant is paid and entere,
it is sent to the county oompti oller b.
! arrangement and instruction OF Mr.
| RetteM.
On cross examination, Mr.. Carswel
said the cash book was a private boo
between Mr.. Oarswel ana Mr.. Rettew
Mr.. Rettew's account in the bank wa
| the same az anybody elses.
On redirect examination he explaine
how the banks work through tho clear
ing house. Usually each bank re
oeivss what 10 due il, or pays what
owing it, by check oil Philadelphi
bank, the check being for ourren
funds. {
\ The warrant was paid on instruction
of Mr.. Rettsw because it was reg ule
ia form, bearing the signatures OF tn
president OF the Levy Court and th
county comptroller.
Receiver OF Taxes and County Urea,
urer Horace G. kettew testified tbs
he deposited county funds in III
Farmers Bank, and had entire tustco
and control over them, except that b
could not draw it out, except lpen
warrant. lie has a record at cas-
transactions, kept by Mr.. Caraaell {
the bank He did not remember eve
having sean the Whiteman warran
not usually seeing warrants, Whic
generally go from the bank 10 the conn
troler.
On CROSS examination, MIR. Rette
said he knew nothing as 10 the fact
the payment OF the war ant or what b'
came OF ~ afte, payment. lie kne
nothing as 10 lis payment to job
Lynn; 20 induuement was made to hi
TO pay ii 10 John Lynn.
"You nover heard John Lynn 90
anything 10 you with rciersnce TO tn
warrant"
Il have no recollection of It; l {
not think he did. I"
On redirect examination. Mr.. Rerte
said ii the warrant MAS handed hi
over the counter, he would have pa
1T; but The court, on objection, ruiz
out the statement.
"If a county warrant, duly signt
and countsrsigned, was presented
the Farmers Bank would they have al
right 10 refuse payment without il
terposition by yoL?n
The question was ruled out.
The conclusion OF Mr.. Rettew's @
animation brought the hour OF recess
Chief Justice Lore told The jury III
they were 10 determine tho case sole
, from tho evidence, and wero not
, permit AM body 10 talk 10 them,
we're they 10 talk to anybody about Il
case except among themselves. Shou
, anyone attempt to discuss the ouss wi
, them, it was their duty to report Il
same to the court, SO that the perso
o,ud he dealt with according to law.