Evening journal., 1901-12-07
STATE REPLIES
TO MIR. BIRD
Contends That Lynn Can GET
Fair Trial Here
mo PREJUDICE AGAINST HIM
Ward Makes Strong Objection to
Venue Change
MORE AFPID AVITS PRESENTED
Interesting Argument in The Case Re-
Sumqd bV County Court
This Morning

Superior Court this morning heard
argument. for and against a change OIL
venue in the case OF the State VS.. John
Lynn. Levi c. Bird and Walter II.
Hayes, attorneys for the defense, re-
newed tLeir contention that the In
dictments were found against Mr.
Lynn by a grand jury made up of tax
allie citizens of New Castle county,
and therefore were an interested party
to the suit. This is the ground for the
application to quash the indictments.
In their contention for a change of
venue the attorneys for Mr.. Lynn claim
that he cannot get a fair trial in this
county, and ask that IL be carried to
Kent county on the grounds that both
court and jury are interested taxpay-
ers. and that public prejudice was
strong against the defendant i'm New
Castle county.
VENUE ISSUE HEARD FIRST
At the opening of the argument Wal
ter H. Hayes began his argument to
quash the indictments, when Mr.. Ward
objected On the grounds that the mat
ter of change of venue would be in or
der before the question of quashing the
! indictments could be considered. The
COart was of like opinion. ald Mr..
Hayes gave way.
Attorney General Ward, I'm behalf Of
the prosecution, informed the court
that he would like TO make a reply to
the motion for a change of venue pre-
sented by the defense, and the court
instructed him to proceed
MR.. WARD MAKES CLEVER REPLY
In reply TO the motion and TO the af-
hdayits presented by Mr.. Lynns coun-
| sell Mr.. Ward presented the follow
ing:
"Ihe State of Delaware. by Herbert
| II. Ward, AttOrney-General, TO the Pc
tition and affidavit OF John Lynn iiiCd
in the application of the said Lynn for
la change of venue for the triai of the
! indictments now pending against him
in the Court Of General Sessions of the
State of Delaware in and for New
Castle county making answer saith:
THAT Notwithstanding the supposed
causes appearing in the petition and
application of said John Lynn. and in
the affidavits of sundry persons filed
in support thereof the said John Lynn
can and may have a fair and Impartial.
trial III said county of New Castle
upon the indictments now pending
against him in said court; tl,at the
jurors summoned to attend this court
to try said indictments against the
said John Lynn have NO pecunialy in
lterest in the result of the trial of any
of said indictments, and are indiher-
ent, so far as any interest is concern
ed, to the result of said trial; that i'm
the cases against the said John Ly mn
as in all other cases of criminal prose
cution, the judgment of the court. il
RENDERED against the said John Lynn
will consist of a sentence imposed on
him by way of punishment only, and
will not, any more than in any other
criminal cause. result in any pecuniaW
advantage to the inhabitants, citizens
and taxables Of said county.
THAT in the case of the indictments
, against the said John Lynn, as IN The
case of indictments against many an
other person there hath been public
and private discussion as TO 1he gull
or innocence of said defendant; hu
there hath been no public or private
discussion of the guilt or innocence o
the said John Lynn, or ru
mors concerning him, the sale
John Lynn. and the indict
ments against him, which should dis
tinguish the cases against him, the sal,
r John Lynn from any other crimma
charge; and that no prejudice exists
among the possible jurors selected from
= the body of New Castle county TO tr!
the charges against the said Johl
Lynn. which is different from the nat
ural sentiment against any persol
charged with any crime. or wlhicl
7 would. to any degree. prevent the salt
/ John Lynn from having a fair and i'm
{ parial trial in the said county of New
Castle upon the charges now pending
against him.
THAT the prosecuting officers for tn
said State have used no means to Sc
cure the indictment Of the said Johl
Lynn upon said charges. which ar
either unlawful or preiudicial to tn
, proof of the innocence Cf the said Johl
Lynn upon the trial of said charges,
he be- in fact. guiltless
"That no general combination Of tn
citizens of said county exists for tn
Y ! prosecution of the said John Lynn, o
2, any other person, whatsoever; TIA
q there exists in the city Of Wilmington
S the Citizens Committee of Fifty cen
sisting of residents of the city of vii
mington. for the reform of the govern
ment of said city, and Of the count
(Continued on Third Page).