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

Harry NJ. white.
The charge to the jury in the case Of
John Lynn, accused Of obtaining S56
under false pretences from Receive r Of
Taxes and County Treasurer Horace q.
Rettew, was delivered in General SEES.
sions court Monday morning by Chief
Justice Charles ID. Lore.
When Chief Justice Lore and AS
sociate Justice Wi liam @. Spruance
came upou the bench without Assnciate
Justic, lgnatius O. Grub, Judge
Gruhb's absence was remarked, and IL
was wondered whether some division of
on MON had occurred, but speculat on
was soon set at Test by the Chief
Justice, who said that Judge Grubb
had been called away, but that all the
judges had carefully rend the charge
and 1t was approved by all.
The rending OF the charge occupied
about % minutes. In full it Is follows:
In the Court of General Sessions of the
State of Delaware, in and for New Cnstle
county: t-s .sp
State vs.. John Lynn. Indictment, obtain
ing money under false pre!ences.
No. 10, November Term, 1901,
Lore, q. j., charging the jury:
Gentlemen OF the Jury: John Lynn, the
defendant, is indicted Tor obtaining money
under false pretences. The indictment
charges that on October I'd, 1900, the defend
mt. John Lynn intending to cheat and
defraud Horace q. Rettew, receiver of taxes
AMI county treasurer of New Cnstle county,
knowingly ana falsely pretended to George
ID. Kelley. the county comptroller of said
county, that certain work and labor had been
done by one Lawrence NJ Whiteman upon
bridges In the said county, and that the said
Whiteman was entitled to be paid therefor
when, in fact, no such work and labor had
been done.
That the said prstence consisted of false
bill, which is as follows:
Wilmington, De-, Oct. 9, 19rO.-Leyy
Court, New Castle County, To Lawrence NJ
Whitemnn, DR.. First Eistrict. For repair
ing bridges:
men. days. $3.50 Fer day. $50 90
men, days, $500 per day. ... 300
men, days, sl.50 per dsy.......... 1900
OK. l.. $500
That by said false pretence he secured the
approval of the said bill by the said county
romptroller; that by reason of and pursuant
to said false pretence he thon procured the
approval thereof by the Levy Court, and OBJ
lained warrant upon the said Horace g.
hettew, receiver OF lakes and county treas
nrer, commanding him to pay 10 the sal 4
Lawrence M. Whiteman or bearer the sum
OF S56 which warrant was signed by William
4. Scott, as president OF the Levy Court of
New CAST o county, countersiRned by shid
George ID. Kelley, county comptroller. That
ate said defendant further. In pursuance of
said false pretence, received the said warrant
in his possession endorsed 1t with his own
name, and procured tine same to be paid
out Of the funds. cash and money, of him
the said Horace q. Rattew, receiver of taxes
and county treasurer as aforesaid; which
money he did then and there convert to his
own use.' l,ttss-
1t is claimed by the State that the moneys
OF said Horace q. Rettew, receiver OF taxes
aud county treasurer, were on deposit in the
Farmers Bank at Wilmington that John
Lynn received the money upon the warrant
from the Central National Bank of Will
mington; that the warrant then passed
through the clearing house to the said
Farmers Bank, where the moneys of the said
Ht q. Rettew, receiver of taxes and
co, treasurer, were deposited; and where
he hud arranged that warrants on him as
such receiver Of taxes and county treasurer,
should be paid.
The in 1ictment is framed under the act
Of the General Assembly, passed February
18th, 1857, Rev. Code, 957, which reads as
follows:
THAT If any person shall, by any false
pretence obtained fobtain) from any other
person amy chattel, money or valuable
security. with intent to cheat or defraud any
person of the same, every such offender shall
be guilty of misderDeanor, &c.
In order to convict under this Indictment
the State must prove. to your satisfaction,
beyond reasonable doubt:
/. That the defendant knowingly made a
false pretence;
Q. That he made such pretence with intent
to cheat and deiraud Horace g. Rettew, re-
ceiver of taxes and county treasurer;
3 That by such preteuce be actually did
cheat and defraud the said Horace g.
2ettsw, receiver of taxes ard county tregs-
1rer, and did obtain from him thereby In
'oin or paper money, or both, lawful money
ihen the property of the said Horace O..
asttew, receiver of taxes and county treas
brer aforesaid. se
false pretence has been defined to be
such a fraudulent representation of fact,
rast or existing, by person who knows 1t
10 be untrue, as Is adapted to induce the
person to whom u is made to part with
something of vHlue.'
jackson Y. Peoples 1876 ILL.,, 1889; Nc
Claim on Grim. Law, Sec. 66. -
Such false pretenee may consist in any
act, word. symbol Or token calculated to de-
ceiye another,and knowingly and designedly
employed by any person with intent to de-
fraud another oil money or other personal
EroI erty.
On this point, therefore, if you should be
satisfied from the evidence that the bill for
Sc, for work aud labor made out in the
nnme of Lawrence NJ. Whiteman, was false
and fraudulent; that the work and labor had
not been performed, and that the said
Lawrence NJ. Whiteman was not entitled to
any such money; that the defandant, John
n'ent, presented it as a Just claim to the said
George ID. Kelley, county comptroller, fol
bis approval; then we say to you that such
false ana fraudulent bill SO presented by the
Defendant would constitute a false pretence
n law.
Again, II by reason of such false pretence
the deionuant obtained the approval of suid
George ID. Kelley, county comptroller, to the
haid bill, and through such approval pro
uured a werrant signed by William A. Scott
president OF the Levy Court OF New Castle
county, and couLtersigned by said county
comptroller, upon the said Horace g.
Rettew. receiver of taxes and county treas
1rer. for the sum OF $50; then such falls
tretence would in law become incorporated
IN the said warrant upon which 1t was based
ana follow, affect and taint each euccessis,
step IN the transaction, up to and until thi
money vas actually paid to the said Johl
Lynn, upon the warrant, il II was SO paid
lnasmuch as such steps would only be stage
10 the journey of the said false pretence.
10 the People vs.. Genet, 10 Hun. IN. Y.
u, = cAse much like this, this doctrine wa
distinctly held. There, Genet had, by falls
pretence. procured the certificate of an
proval of the commissioners to erect cour
house. in New York to fraudulent bill sen
it to the cumptroller's office, where it wa
audited, and warrant was prepared AM
signed By the comptroller and mayor, bHse
upon such certificate by the commissioners
ind Genet got the money upon the warrant
The court used this language: THE defenc
relies, with much confidence, upon the fac
that the defendant made no representation
personally to the mayor or to the comp
troller or to the auditor. 1t must be ad
mtted that he made no representation per
Rnnally In thu n1a ynr inaatnnrh aa M inter