The sun., 1901-12-19

Stale VS.. Jonn Lynn AT the tflal pro-
gresses. Preachers, doctors, lawyers and
men of almost every occupation crowded
the court room yesterday and men Of
almost every occupation crowded the
court room yesterday Afternoon listening
intrntly to the testimony Of the witnesses
ana the arguments of the lawyers or
more interest than anything else was tie
testimony Of Lawrence NJ Whitemin,
the star witness for the prosecutions MIR.
.,nteman said he had not done work
for the county in 1900, did not do the
work mentioned in the bill. lid not draw
thc hill and did not authorize anyone else
to draw it. He said John Lynn offered
Him 5000 10 fix the matter up.
The State closed and Walter H. Hayes
Of counsel for Lynn moved for Il non
suit asking the court TO instruct the
jury 10 bring in verdict of not guilty
because of tho variance from the facts
alleged. His grounds We're that when
County Treasurer RettcW deposited cuun.
" funds III the Farmers Bank the
money lost Its identity ani passed out Of
The CONTROL of Mr.. .Itettew.
The Judges after retiring to their
chamber for fifteen minuteS stated that
the questions raised We're grave ndasked
for fnll argument on them this morning
THIS MORNINGS SESSION.
Two jurors, Winfield :. I.litoinns and
j. &. Aston. were absent when the trial
&c the Flynn case was resumed this morn
ing. il was agreed by both sides 10 60
on without them.
When court opened the Judges and
lawyers entered into discussion As to
tn. limit OF time for argument on tn"
points raised hy the offence Yesterday
afternoon. Mr. Hayes thought it would
take all morning for both sides. He sahl
the defence would argue On the lack Of
proof Of the State
Chief Justice Lore stated that m hour
and il half would be allowed each side
and Mr.. Bird male the opening arsii-
m4nt. He cnllcd the attention Of the
court to a number Of allegations IN the
Indictment that the icfcnce objected to.
These were the allegations that Lynn
designed 10 dcfraul Horace q. R"tt"w,
receiver Of taxes and county treasurer.
Mr. Bird then read the statute defining
the duties of the receiver Of taxes and
county treasurer, holding that Mr.. Ret
few held two distinct Offices ard VA
required To deposit money IN the Farm
trs' hank MS receiver II tiNrs, and TO
aepnsit ether money as county treas
1rrr. " hen the money is deposited II
passes ont " his control AMI becomes
funds nf the bank. "Rettew loses con
trnl Of it them he declared, '.lsettcw
pn>scs ont Of sight, he has nothing 70 do
with it,"
Continuing. he cited authorities on cTi-
dcacc, certainty OF indictment aud varl
ancu Of evidence with the allegations.
MIR. WARDS REPLY.
Mr.. Ward said III reply to the argu
npnt that the grounds of the objection
hy thr d"felce TO ne indictment were q
variance. But tn. substantial ayermtnt
irforr lhe variance was that part Of thu
indictment referring 70 the actual obtain
ing Of the money. The legislative rt
Mr.. Ward held, solved the problem 4
to the legal possession Of the money am
laid lis possession legally in Horace q
Rrtew. There is nothing between llor
ace g. Rcttcw and the Farmers Bank
Mr.. Rettcw's duties arc specified by Inv
and no man under Heaven has rgh
10 disbursc .he funds Of the county hll
Horace G Rettew If the county treas
urer has nothing to do but deposit none.
III the farmers Bank then the office 9
the county treasurer is a nulliiy. ~
county treasurer is no bank. II II !
neld to he then there are two count.
treasures. the bank and the person Q
Horace G. Kettcw. The tllie meaning Q
the treasury is not bark nor huildin
but il is tho county treasure. No, ban
j. the county treasury.
Mr.. Hayes made the closing argllmen
beginning at 1920 o'clock. lie held tina
when Mr.. RetteW deposited the none
in the Farmers Bank he parted with N
title To the money. Mr.. Hayes hnlshe
1T 1850 O'clock and the Judges retire
10 their chamber.
NON-SCIT REFUSED.
One minute later the judges rcturnc
10 The court room and Chief Justice Lon
announced: "lhe court is unanimonsl
or the opinion that this request to dre'
the jury to return a verdict Of not quit
hE refused.
The defence opened this afternoon an
when all witnesses on this side hay
testified il will remain for the jury
determine the siiilt Or innocence Of job
Lynn.
The two absent jurors made their a
malance during the morning and To-
their places in the jury box.
AFTERNOON SESSION fESTEl
DAY.
Harry G. Chandler. former nresldel
Of the Levy Court, William \. Scott ~
Comptroller Kelley We're called TO Il
stand Yesterday afternoon. lheS Sh
testimony regarding the warrant. law
cncc NJ. Whiteman, star witness for q
prosecution, then was called and sa
some sensational testimony.
Mr.. Whiteman said he is resident
Newark, and is substitute mail carrie
Where did YOU live in 1902
son d small farm about two and q III
miles north Of Newark, and carried mi
AT times"
Ibid you in 1900, do work for "
Castle county,
Il did"
Il show you bill dated October
1900. Lawrence Whiteman, to New q
II" Co., Dr. and ask yon II you ma
have seen that bill before ] showed
e yon in the grand jury room.'
'''ro tho best Of my knowledge.
nos"
rs it in your handwritine?'
NO"
Look at the items in that bill. ]
yon do the work mentioned?' :.
II did not"
Did YOU draw that bill?''
II did not"
Did You authorize anybody to1dr
that bill?"