Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1901-12-26

mate or remote Ease pretencc iplies to this
case. In order to convict. lUn must be
satisfied that II was the false pretence made
by .ohn Lynn, II o defendant, that enabled
him to ohtaiu the said money. and VI that
false pre- ence WIS 81 made by him and did
enable him to obtain the money, 1t would
be sutf! lent.
The Indictment clnraes that the money
CD aimed Was the MONEY of Horace Il.
hettew, receiver OF taxes and county treas
urer, who Is n person within the meaning Of
the word person as empluSed in the
statute. 1t IL therefore Unnecessary for us
to pass upon the question of whether the
county of New Castle Is such a person"
within che statute.
Evidence of good character, like any other
evidence tending to ablsh innocence, ia
entitled to just SO much weight as under all
the circumstances OF the case the Jury deem
proper to give 1t.
We have been asked by the defendant to
direct you to render verdict of not guilty.
1his, gentlemen we cannot do. The guilt
or innoceuee of the defendant is the ques-
ton for you TO decide from all the evidence
in this case. under the law as the court have
lnld 1t down in this charge. By the law. so
laid down. you are to be governed In reach
ing your verdict.
Our duty has been performed in declaring
the law TO you. The grave duty now de-
wolves upon you to determine by your YER
dict whether the defendant be guilty or
innocent of the charge against him.
That verdict should be based upon the
evidence alone. No prejudice; no public
clamor, no public sentiment, if Gny such
there he. should be permitted 10 enter into
your deliberations; neither should sympathy,
favor or partinlity.
1 he defendant stands clothed by the law
with the presumption of Innocence. until he
Is proved guilty, and every material element
OF the crime must be proved.
Where testimony is conflicting, 1t Is your
duty to reconcile It II you Gun. II ,ou
cannot do so, then you should give credit to
The testimony which under all the circum-
stances Of the case you deem ruost worthy of
be.ief.
II from all the evidence, you believe the
Defendant to be innocent, 1t is your duty TO
render verdict Of not guilty. II on the
other land. from all the evidence, you be-
lieve him to be guilty. you should so find.
PENDANT on the one hand and the people on
the other. If upon the evidence you enter: .
tain a reasonable doubt as to the guilt of
the defendant, that doubt should enure TO
his acQuittal. Eut 1t must be reasonable
doubt, growing out OF the evidence, and
scientiuus, iuen should entertain. after a
careful ard conscientious consideration of
all the evidence beloIe them.
The jury retired at 1880 O'Clock.
After the jury had retired, counsel
for the defence noted an exception to
the charge.
"Guiltyy
This one word from Foreman Lewis
u. Morrow of the General Sessions jury
on the case of John Lynn, president Of
the Levy Court, charged with obtain
ing 500 under false pretenoes from
County Treasurer Horace q. Retiew,
marked the successful result of one sep
Ia the movement for county reform
started some months ago.
Tho jury received the case on The
charge Of Chief Justice Charles Is.
Lore about 1910 O'Clock Monday
morning. That charge ruled that
Hoi ace G. Rettew was the proper PERSON
in which to lay the possession OF the
money, and that false pretenss at an
initial stage, namely TO County Comp
troller Kelley, was such a ia 81 pietenoe
that, the money being eventually,
secured, had operated directly TO secure
it, and that, therefore 1t was in effect
false rretenoe towards the county treas
urer. 1t remained for the jury to say
whether John Lynn intended 10 defraud
the county treasurer when he made out
the bill for S56 in the name Of Lawrence
M. Whiteman, affixed 'OK. j. L. "
thereto and presented it 10 County
Comptroller Kelley. Whiteman had
said that he had no such claim against
the county and that he had not author
ized Lsn nm to make out the bill. Lynn,
on the other hand had declared that he
made ont the bill In accordance with a
memorandum from Whiteman, received
the money and paid it over to White
man.
SO it went to the jury, and when nc
decision had bven reached at the noon
adjournment, theirs was feeling that
the result would BIZ disagreement.
Court went on with other matters In
the afternoon, aud was near the hour oil
closing for the day, when the jury came
In.
Mr.. Lynn's attorneys. Walter II. Hayes
and Levi @. Bird, were In court. Mr..
Lynn himself had been putting in q
he spent In the courtroom.
Attorney General Herbert II. Ward
was present for the State when the
verdict was announced.
The preli minary oil calling the roll OF
the jury was soon completed, and wher
Foreman Morrow was asked whether tn,
Jury found the prisoner az the har guilty
or not guilty, every body present awaited
his answer with the deepest interest
"Guilty,' was his answer.
The pres dent 81 the Levy Court tool
the verdict very seriously, as did his
counsel, and MIR. Hayes at once made 6
motion in arrest OF Judgment aud for {
new trial. As four days are allowed fol
the films of reasons for a new trial, this
will cary MIR. LINN over Christmas
His bail of clio continues lending
the deoision of tLo next ster, and hi
sureties are responsible to Warden A.
s. MeseIve Of the workhouse for his pro
duction.
1t was reported that the jury tool
only one ballot, most Of the time beins
spent in discussion of the case, 80 tina
when the ballot was taken, it was upani
nous for conviction. There are reasons
for believing this report to be true.
The jurors we're as follows: Lewis b
Morrow, foreman, Wilmington hundred
James q. McComb, Brandy wine; Rober
H. Kite, Wilmington; j. Cowgirl Alston
ST. Georges; Pasohsll Dixon. Brandy
wine; Stephen Downey, Wilmington
Winfield s. Lattomus, Appoquinimink
Philip r. Clark, Wilmington; j. FRAN
Rey bold, Red Lion; James Carpenter
Jr., Christians; William j. Stroud
White CLAY Geek; Charles B. Stewart
Penoader.
There are 10 other indictments agains
MIR. Lynn, and one indictment agains
Henry M. White, all on charges OF OBJ
tanning money under false pretences
which have been postponed until Jsnu
airy 18th.