The Wilmington daily Republican., 1901-12-23
c. K, j. L" &c.,

AHoo ~ oniu iaiSe pTeIeuC0, nc h6
cured the approval Of the said bill By
the said County Comptroller; that By
reason Of and pursuant to said false
pretence he then procured the ap-
proval thereof by the Levy Court and
obtained q warrant upon the said Hor
ace 6, Rettew, Receiver Of Taxes and
County Treasurer, commanding him
to pay TO the said Laurence NJ White
men or bearer the sum OF fiftys!x dol
lars, which warrant was signed by
William A. Scott. as President OF the
Levy Court Of New Castle County,
counterstgned by said George c. Ke..
Icy, County Comptroller.
See also Common wealth W. Sweet
4 Pa. Dist Repts.. 1856: Roberts vs.
the People, 9 Colo. 45S.
So that. it may be safely affirmed
as principle OF law. based upon
common sense, founded ia reason
and suppored by authority: that a
false pretence, which has ultm ate
ly accomplished its purpose of
traudulently obtaining money or
other property wall follow and ta.ut
with fraud every step in. the trans.
action from its inception to its con.
clusion, however circuitous its
route, or however many age ucies 1t
may use.
With this explanation OF what
constitutes false pretense, you are
next to inquire whether the false
pretence, If any such was made by
the defendant, was made with in.
tent to cheat and defraud the said
Horace 6, Rettew, Receiver Of Tax.
es and County Trsasurer.
II you believe from the evidence,
that his intent wss to obtain money
from Horace G. Rettew, Receiver
Of Taxes and County Treasurer as
afore by means OF a bill which he
knew to be false and fraudulent.
1t is upon this point Of the case
that the most serious controversy has
arisen, and arguments have been made
both by the Attorney Generel and by
counsel for the defendant.
The defendant insists l, that the
money was not obtained from II. G.
Rettew, Receiver of Taxes, and Coun-
ty Treasurer, but from the Farmers
bank of Wilmington that the county
fund being deposited under the stat
ute In the bank to the credit Of the
County Treasurer and mixed with
the general funds Of the bank, it be-
came the money Of the bank, and
thereby Rettew lost possession and
control of that money.
That as the money was deposited in
the bank by II. G. Rettcw, county
treasurer, It could In nowise be the
money of Horace Rcttew, as Recciv.
cr of Taxes and County Treasurer,
they being two distinct offices.
Generally, that Horace Rcttcw, had
no such property in or possession or
control Of the money as to warrant
the laying it in the Indictment as his
property.
The State controycrts all these pro-
positions.
We have carefully examined the
statute and without setting out in
detail the different clauses bear.
ing upon these points, now state
following conclusions as clearly
growing out Of the terms OF the
statute:
|. That the words "Receiyer OF
Taxes and County Treasurer don't
describe two distinct officers; but
constitute the proper legal title Of
the person occupying the one Office.
who is properly described in the
indictment as the Receiver OF the
Taxes and County Treasurer." con.
stituting one ctfice, one officer, with
varied duties under the statute.
2. That ulder the statute, such
officer is not only the Receiver of
taxes, with authority 10 receive and
deposite moneys arising from taxes
etc, that be IS also the disburslng
officer Of such funds which can only
be drawn and obtained under the
law by warrants drawn upon him
as such Receiver OF Taxes and
County Treasurer. made signed
and countersisred as required by
law.
3. We hold under the law, there
fore. that as such disburlng officer,
he has such control and possession
OF the county funds, and such prop.
erty therein as 10 sustain the in.
dlclmeut laying the property in the
money questioning him as Receiver
Of Taxes and County Treasurer,
With respect TO his control and
possession OF, ana property In the
county funds aforesaid, YOU are to be
governed by the law as we are now
interpreting it 10 you, inasmuch as
the extent Of his possession and con-
troll in such county funds Is matter
OF law under the statute, as inter.
preted by the court, and cannot be
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 and the property therein, was
laid in such Receiver of
taxes and County Treasurer in the
Indictment.
It Is unqusstionably true, as claim.
sdDby tho defendant, that general y
where money \ Deposited Ii = banlI.
md smikn 4 SNihh ~ &Jlnds nf E(aaS n