The Wilmington daily Republican., 1901-12-07

h""S " uiM "ullc III bdlu OlUC6s
which has not yet been paid by said
Levy Court; that the said James Kee.
nan Is painter who hath lately been
employed by the said Levy Court in
painting the public buildings and
structures in said county; that said
Alfred T. Coverdale is a near neigh.
Dor and intimate friend Uf the said
John Lynn; that three OF said depon.
ents-pro'ess to set forth words and
statements made by one certain Mr..
Gaynor; that all Ut Csaid supporting
atlidavits, SO far as they state that
the said John Lynn cannot have q
fair and impartial trial upon charges
against him in the county OF New
Castle, are necessarily based upon the
opinions Of said deponents aud tho
statements of very limited numbes
Of persons mentioned In their afflda.
Wits: that all OF said supporting am.
davits combined have brought before
this court the expressed opinions Of
only Inine persons residing I'm said
county Of New Castle; that most
strongly construed in favor Of the
said John Lynn, the said supporting
aiidavits have brought before tho
court no more than the idle talk OF a
very limited number OF persons,
whose idle talk occurs In the case OF
any defendant charged with crime In
cases which the public generally take
an interest. ,
That the apple alton Of the said
Jcha Lynn to change the venue for
the trial OF the cases aganst him,
as shown BY the petition and aft.
davlt Of the said John Lynn and
the said supporting atiidavits, 10
base d upon facts most inconclusive
y shown and if shown, who'll Y in
adequate in law to support the
same. 4
HERBERT II. WARD. !
Attoi ney.General.
Mr., Ward then presented at1idavits
gathered Yesterday in this city and
all towns in the county between tho
hours Of to $ O'Clock, !!
The committee had all the notaryy
in the city,at work and they acknow-
lodged lsO aiidavits. The ailldavits
set out that there was no bad feeling
toward John Lynn in theio
ncighborhood and there was no rea-
son why he should not have fair and
impartial trial in the county. The
aflidavit> of philcma Chandler and
Daniel Dohl denying the statements
Of seyclH! persons in regard TO whah
they had heard the two men say were
read. Then an affidavit Of the COM
mlttcc O! fifty. signed by large mum.
Der Of that body which set forth the
petition Of John Lynn AYERS thab
there is number of people, who arc
citizens Of Wilmington. banded togeth-
e' to prosecute him. That these per-t
sons had raised money and hired de-
tcctiveS to circulate among the peO.
pie and to record all that they heard
about him, and to Use this in prosecu-
ting him.
The committee sci out that 1T IS
not their purpose to prosecute any
particular person but to make a gon-
cral reform in the government Of vii.
mngton. Mr.. Ward offered the at1i.
davts for file.
Mr.. Bird remarked: 1--WE will have
something to say before those afllda.
Wits are filed.
Mr.. Bird took up the change OF
vendue while Mr.. Hayes was prepar-
ing his rule for the quashing Of the
indictments. He offered much au-
thority and made a strong argument
from his S ide OF the case. lie con.
tended that every man in this coun-
ty was an inteles party and not
one man could be drawn on jury,
to try John LynE's case but who had
been Affected by the larceny of any
sum of money, no matter how small
from the county. He cited casea
where even Judges who were lsed
to scanning evidence and were yith-
out prejudice had refused to :, in a
case because they were int ted
parties. Chief Justice Co... i, ras-
fused to sit in cas-: becauia -. les
(end ant had married his grea .je.
Where the court itself Two not
set what should be done in ;lsd
OF jury, some jurymen wiz hey
re! an idea into their heads, Me
Bird all heaven itself could ;st
it out. Everybody has form, ma
ppinion in Mr., Lynn's OF
'ganst the Levy Court as it tha
air, that that body is CORR md
lhcy could not help speaking t.
The attorney-yeneral Co. led
Nr. Bird, could bring thousv, , Of
,tilavlts into this court al ha
could not convince me that Ii eli.
ent could get an impartial and uu-
interested jury to sit in his Casa.
Mr.. Bird did not present his
brief to the bench until he had fin
ished the greater OF his argument
and gave as his reason that h4
was afraid til at their honors would
watch the brief to closely and that
would not suit him as he would
like to have the court keep their
eyes directly on him. The remark
caused general smile.
Mr.. Ward was making his reply
when court recessed.
He disputed the ALLEGATION that
John Lynn could not get a
lair trial and produced authorities
showing that there was not suffi-
cent reason for the moving Of the
case into another county.
This afternoon Mr.. Haves will
argue for the quashing the indlct-
meuts.
The rule OF mandamus, return.
able this morning to require tho