Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1902-01-02

John Lynn, president of the Levy
Court, 81 ent Christmas as a prisoner al
the County Workhouse ut Greenbank,
Just few miles from his home at Els
mere. He spent Christmas at the
county institution because on Tuesday
he withdrew all efforts to check the
final judgment of General Sessions
Court, jury of which had found him
guilty of obtaining S56 under false pre-.
fences from County Treasurer Horace
q. Rettew, and the court passed sentence
upon him. That sentence was that he
be imprisoned ono year, pay 50, 600 fine
and the cost of the prosecution. The
other 10 cases against him are to be
dropped on condition that he pay the
costs iG them and resign from the Levy
Court.
Upon Mr.. Lynn 8 conviction, on Mon.
day, bis counsel, Waiter Fl. Hayes and
Levi q. Bird, made motions for new
trial and in arrest of Judgment, and it
was understood that the case was to he
fought 10 tire last ditch. Consequently,
II came with great surprise. Tues.
day afternoon when il was learned that
movement was on foot looking to
sentence.
CHIEF Justice Charles B. Lore and
Associate Justices William q. Spruance
and lgnatirs G. Grubb we're in cham,
hers an hour or more and conferences
were he d with counsel for the prisoner
ard for the State About 3. 4l o'clock
Mr.. Lynn entered the courtroom and
had talk with Warden A. S. Meserye
OF the workhouse. His counsel, Messrs.
Bird and Hayes, were evidently await.
ing something. Attorney General Her
bert IL. Ward came into the room and
whispered to them. Mr.. Lynn had by
this time taken his seat between his
attorneys and looked very serious.
Others in the courtroom included Lypn's
partner, George W. Phillips, James L.
Hawkins, George s. Capelle, Senator
B. A. Groves, j. Frank Ball, j. Harvey
Whiteman, attorney of the reform asso-
citation, Harry Emmons and Charles B,
Evans. Among the few spectators out
side the bar was "Neddie', Mulvey.
The three judges came upon the bench
about seven minutes before A o'clock.
Mr.. Hayes, addressing the court, said
that N one case, No. 40, he had pre-.
viously moved for a new trial and for
arrest of Judgment. He now desired to
Withdraw those motions.
His application was granted.
The case he referred to was that on
which Lynn had been convicted.
Attorney General Ward then moved
for Judgment in the case.
will you give me the indictmentY''
asked the Chief Justice. and Clerk of
the Peace Quigley handed it up,
Have you anything to say before
sentence is passed." querled the Chief
Justice.
Silence.
John Lynn, stand up directed
Chief Justice Lore.
The defendant stood up ard heard the
following sentence with fortitude.
The sentence of the court il that
you forfeit and pay fine of SO, OQO;
that you be imprisoned for a term of
one year, commencing on this day and
ending on tbs 23d day of December.
a. U. 1902; that you pay the costs OF
prosecution, and you are now com.
mitted to the custody of the board of
trustees of the New Castle County
Workhouse unit this sentence is carried
into execution. -
Mr.. Lynn nodded and sat down.
Mr.. Meserve, he is in your custody. ;,
continued Judge Lore
Attorney General Ward announced
that In consideration of the sentence |
that had been passed by the court |
against Lynn, he notified the court that
upon the fulfilment Of certain condi. |
tious by the defendant, the remaining
indictments against him would be nolle |
pressed.
10 this the court aesenred.
The conditions imposed upon Lynn
are understood to BIZ;
First. That the fine of $4,000 be-
actually paid.
Seuond That the costs in the otber
cases be paid.
Third. That he resign from the Levy
Court: and
Fourth. That his appeal be aban.
doned.
1t is understood that unless he re-.
signed from the Levy Court it would
require vote of the Legislature to GUST
him.
After the imposition of sentence, MIR.
Ward, with tears in his eyes, babe good
bye to Lynn. Judges Lore and Spruanoe
shook hands with the prisoner, as did
others IN the courtroom. Sheriff Me-
Daniel held his coat for him.
Warden Meserve took Mr.. Lynn to
Seventh ana Market streets, where they
boarded car and went TO the work
houss. On the way they passed Mt.
Lynn cozy home at Elsmere.
Reaching the workhouse the formula
followed with prisoners generally, as to
personal history, was carried 0ut
John Lynn has served nearly Eve
years as member of the Levy Court
from the First district, comprising
Brandywiue, Christiana and Mill Creek
hundreds. lie was reelected in Noyem.
her, 1900, and since the beginning of
Ibis year was president of the court.
Gov. John Hum will appoint his
successor.