The Wilmington daily Republican., 1901-12-09
LYNN TO Be
TRIED HERE.
Court OF General Sess Ons
Refuse Change of VeI ue !

John Lynn will be tried in this
city and according to the decision Of
the court Cn Saturday there is no
reason why lie shoHldnot receive a
faIrand impartial trial by an unpreju.
diced jury.
The court at the same time refus.
ed to quasi the eleven indictments
pending.
Exceptions to the rulings Of the
court were noted by Levi c. Bird
and Walter II. Hayes, who ale coun-
sci for President Lynn,
Unless some action is taken by
Messrs. Bird and Hayes to delay the
proceedings, Lynn will be placed on
trial in this city on December lS,
the date originally agreed upon by
Attorney Generai Ward ard counsel
for the accused otiicial
The argument was spirited. Mr.. /
Bird made an eloquent and hard fight
in Lynn IS behalf and was followed by
Attorney General Herbert H. Ward
for the state.
Mr.. Ward contended there was no
undue prejudice and that the reasons
and atfidavits alleging prejudice and
that Lynn could not get full and
impartial trial were insufficient and
inadequate. Mr.. Hayes then argued
to have tn: indictments quashed on
the ground that they were made and
returned by jurors, who being taxa.
beS, had pecuniary interest, and
that the indictments were uncertain
and indefinite in that it did not ap-
pearin them that Lynn had rsed any
false pretences to County Comptrol.
ler Kelley and did not even cite
where the work was done.
Deputy Attorney General Richards
in reply contended that the indict-
mcnts contained all the information
available and added "We deny the
performance of the work or the fur
nishing OF the material alleged to
have been done or furnished.
After argument was concluded.
the Judges retired to their parlor
and after consultation, returned to
the court, when Chief Justice Lore
read the following decision.
The court has listened 10 the ar
guments made by the res pective
counsel, with great interest. The
first question presented and argued
was the motion to change the venue.
1--WE think the defendant has ut.
tcrly failed to show to this court any
reasonable ground for the conclusion
that lie cannot have perfectly fair
trial, before an impartial jury. In
New Castle county.
"lle has failed to show such con-
d.tion OF prejudice in the county, or
such a tangible interest in the
Judges, the grand jury or petit jury
as to bring this case within tie cases
cited by him, to warrant a change Of
venue.
"We therefore decline to change
the venue.
"The other questio raised was up
on quashing the indictments, upon
two grounds: zone of these was the
interest of the court and the grand
jury which we nave already passed
upon.
1.-THE o.her ground is based upon
alleged defects in the indictments.
After considering the argument from
that branch. which was very full, We
do not sec any lack of material aver
mcnts that would warrant this court
inquashing the indictments on either
of the points raised. We therefore
refuse to quash the indictments.
Mr.. Hayes asked the court TO note
an exception. The court refused to
note an exception but decided to hear
authorities on the right Of an eXcep-
ton in the case.
Argument Is to be made this week
by Alexander b. Cooper and John I,
Rodney, on their motion to quas{
the indictment against Harry NJ.
White.