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


to Justify Quashing of the Indictments
Argument In Whites Case Post pom cd.
The question OF whether the General
Sessions Court of New Castle county
will grant change Of venue to Kent
county for the trials OF John Lynn,
president OF the Levy Conrt ON charges
OF larceny and obtaining money under
fa SO pretenoes was argued before
Gener ii Sessions court Saturday. Waite
ii. Hayes and Levi O. Bird, represent
ing Lynn, had claimed that the de-
PENDANT cannot get fair and impartial
trial In this county, aud that Chief
Justice Lore and Associate justices
Spruanoe and Grub, being freeholders
OF this county, are pecuniarily interes ted
in the result of the trials, aud are legally
disqualified to sit in the cases.
Messrs. Hayes and Bird had also ap-
piled for the quashing of the II indict-
ments The court Saturday decided
first to hear argument on the change
venue, for they held that II they were
not qualified to try the case, they wsrc
not qualified to pass upon the indiot-
meuts.
There was a numerous attendance of
attorneys and citizens for the points
involved are believed to be of especial
interest and importance Motions to
change venue are Unusual in this State.
President John lynn of the Levy
Court and Levy Court Commissioners
Philemma Chandler and Charles Meg
ginson were among those in the court
room. Former Levy Courtman Harry
M. White, who is under an Indictment
oh - oh
false pretences, whose counsel have
ASKED for the quashing OF the indict-
.ment, was also present,
At the opening of the proceedings.
Mr.. Hayes made formal application to
the court to aote on the record an ex-
caption TO the legal qualification OF the
three judges to sit in the case. His
motion was received.
Attorney General Herbert II. Ward
then presented papers In opposition to
. change of venue. His statement was
AS follows:
The Stats of Delaware, by Herbert II.
Werd. attorney-geueral, to the petition and
affidavit of John Lynn filed in the appli-
cation OF the said Lynn for a change of
venue for the trial of the indictments now
pending agiinst 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 ana application of
said John Lynn and in the Rffidavits of
snndry persons tiled in support thereof, the
said John Lynn can and may have fair
and impartial trial in said county OF New
Castle upon the indictments now pending
against him in said court; that the Jurors
summoned 10 attend this court to try said
indictments against the said John Lynn
have no pecuniary interest in the result of
ha trta r1f nv AZ rusd sksls -
Indifferent, go far as any interest is con-
cernad. 70 the result OF said trial; that In
the cases against the said John Lynn. as in
all other cases of criminal prosecution, the
jndgmebt OF the court, il rendered against
the said John Lynn, will CONSIST of sen
tence imposed on him by way of punish
meut only and will not. any more than in
any other criminal cause, result In any
pecuniAry advantage to the inhabitants
citizens and taxables OF said county.
That In the case OF the indictments against
the said John Lynn, IS In the case of jndict-
IDents against many another person, there
hath been public and private discussion as
TO the gait or innocence of said defendant .
but there hath been no public or private dis
nu5sion OF the guilt or innocence of the said
John Lynn, or rumors concerning him, the
said John Lynn, and the indictments
against him, which should distinguish the
cases against him, the said John LYNN.
from any other criminal charge; and that
no prejudice exists among the possible jurors
selected from the body of New Castle county
70 Try the charges against the said John
Lynn which is different from the natural
sentiment against any person charged with
any crime, or which would to any degree.
prevent the said John Lynn from having a
fair and impartial trial in the said county
Of New Castle upon the charges now pending
against him.
That the prosecuting officers for said
State have used no means to secure the in
dictinent OF the said John Lynn upon said
charges which are sither unlawful or pre.
Judicial TO tine proof of the Innocence of the
said John Lynn upon the trial of said
charges, II he lie, In fast, guiltless.
That no general combination of the citi
xens OF said county exists for the prosecution
OF the SAID John Lynn, or any other person,
whatsoever; that there exists in the city oi
Wilmington the Citizens COMMITTEES oil
Fifty, consisting of residents of the city OF
Wilmington. for the reform of the govern.
ment OF said city and of the county Of New
Castle that the object of said Citizens Com.
mittee Is not the prosecution of any par
ticulhr person, but the general reform oil
said municipal and county government and
the prevention, IL possible. of the improper
expenditure. OF public moneys.
lhsr the Judges assigned for and sitting as
the Court of General Sessions OF the State OF
delaware, for the county of New Castle, al
the present November term thereof, are,
otherwise interested in the result of the trials
OF the said John Lynn upon the indictments
now pending against him, and are not.
Thereby, legally disqualified to sit as judges
IN said trials; that the judgments. which
may be rendered against the said John
Lynn upon said indictments now pending
against him at this court, II the said John
Lynn shall be found guilty of the charges
against him, will DO simply the imposition
OF sentence upon the said Jobu Lynn for
the punishment OF the said John Lynn i'm.
posed BY tho law of the State.
That the supporting affidarits of the sun.
dry atlantis, as fled in the said application
to change the venue of the trial of SAID
causes, are wholly inadequate to establish
Ito existence OF any undue prejudice against
the sHid John Lynn in the trial OF said
indictments against HIM that Willard y.
Gregg. Robert W. Currinder, Lindsay g,
Wilson, John w. Mccoy ana William Gam,
BILE, five out Of total Of nine of said sup.
porting ueponents. owe their Hppcintmeni
and places In the service of the county OF
New Castle, and their compensation foi
such service, to the Levy Court of New
Castle county, OF which rhe said John Lynn
hath, for a considerable period, been a
member. and is now the presiding officer
that the said Alfred ID. Vandeyer was late 5
coroner for said county. and hath now pend
log before said Levy Court bill for OK trn
compensation and alleged expenditures made
By him while in said office. which has not
yet been paid by said Levy Court; that the
said James Keenan, is painter who hath
lately been employed by the said Levy Couft
IN painting the public buildings md
structures in said county; that tho ssid
Alfred II. Coverdale is a near neighbor and
intimate friend OF the said John Lynn; that
three of said Opponents profess to set forth
words and statements made BY enc certain
Mr.. Gaynor; that all of said supporting
stfidavits so far as they state that the snid
John Lynn cannot have a fair and Impartial
trial upon the charges against him in the