Evening journal., 1909-02-26
BEGIN DEFENCE
lNHARTNETTCASE
Court Refuses to Instruct
Jury to Return Verdict
Of Not Guilty


to THE EVENING JOURNAL.
DOVER, Feb. 2s. s.-There was another
great crowd and a continual buzz IN the
court room yesterday at the trial Of
Sheriff liartnett.
jail Commissioner Henry r. Moore was
recalled by the State and swore that at
that time when he visited the jail there
were about twenty-five prisoners confined
there.
President Wharton. OF the Levy Court
and other commissioners were again
called by the state TO prove that there
was no other bill before the Levy Court
presented by Hartnett than the s2i066I.
The defense opened with a motion to
discharge on tho ground that the prose-
cution had failed to show any false or
fraudulent intent on the part of Sheriff
Hartnett or that he had presented any
bill TO the Levy Court.
The court denied the motion and or
dered the trial to proceed.
John c. Gordy, special officer with the
Pennsylvania Railroad Company was the
first witness produced by the defense and
swore that when he heard that Ioos, Dill
and johnson had been released next day,
he went to the jail. looked through the
prison grated doors and saw that the men
were really in Jail lie saw both OF them,
unless "he was very much mistaken
"Can you swear you saw those two
mony' asked Mr Gray.
81 believe I did, but | might have been
mistaken
Then followed long questioning rela-
tive to witness eyesight the two jail
doors and the thickness Of the grated
door.
Did you not meet Mr.. Taylor and have
some conversation with him about the re-
lease Of those men the day after thes
were committedT
Il had some conversation with him but
do not now recollect it,"
Former Sheriff G. t. Shaw swore tha
the Kent prison had contained as high a.
us men on one day.
The defense then started in to impeacl
Murray. Dougherty, Carroll and Roach
the prisoners who swore that they hat
been paid money for their part in tn
'come-and-go," one-day-for-thirty plan.
Chief Of Police George Black. iof WI
mington. knew them for sixteen years an
would not believe Roach on his oath. Thei
reputation for truth and veraclty wa
very bad, Black said.
Turnkey John Hartnctt. brother Of IN
defendant was sworn and entered denial
scriatim OF the charges OF the four Stat
witnesses that they we're released an
were given q half dollar each morning.
The testimony of John Hartnett was fu
Of amusing features. Asked II he slep
on the inside Of the interior cage. he said
"Did sleep on the insidel Not II kne,
il. I slept outside"
"Who had charge inside?"
a trusty man. who fed the prisoners
distributed the supplies and occasionally
opened and closed the cells"
Cross-examination revealed from III
witness that he did not know any OF tn
prisoners in question.
How did you let them out Of you di
not know themr'
~ read of the names, didn't IT'
The court cricr was cautioned to keel
the crowd in order.
do you know Mr.. Hall Andersong
asked Mr.. Cray.
Il do now but did not know until re
Gently what kind Of a man he was"
''Did you not tell him that your larges
number Of prisoners was sixty. prior {
their being transferred TO Greenban
Workhouse, and that since then you ha
not averaged more than six or eightY'
Il do not remember back that Tar sue
things as that"
Miss Anna Fora Clark. a niece OF th
defendant. who carried the duplicat
keys and assisted Turnkey John Hart
nett on the outside. had to stand aside
long time while the lawyers fought ou
a question.
The defense asked IL the sheriff wa
ever inside the jail during March. Apr
and May Mr.. Gray contended that II h
was not. he failed to do his duty as he wa
lawful custodian Of the prisoners and wa
presumed to know what was goining OF
Mr.. Hayes contended that lIartnett wa
not on trial for malfeasance or nonfea'
ance. but for the specific onense charged
The crowd craned necks when Sheri
Hartnett. himself, was put on the witnes
stand
p Mr.. Hayes asked him il he had release
Powell and Callahan at the request {
! James Murray. a fellow tramp He denie
the transaction. Defendant stated he wa
not in Dover the DAY the s2.ios.67 bin wa
presented TO the Levy Court.
Only once or twice had he been insit
: the prison proper. during March, ApT
= and May-once when the prisoners ha
started riot and were preparing to brea
T, jail.
! How many prisoners we're
, there that nightsr asked Mr.. Gray.
II haven't any idea"
''Why you say you looked over all the
records and gave the orders for priso
E ers' release; can't YOU approxima
whether there were or 100 prisonersT'
NO. not or 15o"
: "Then + am done with you sir. No mo
= questions"
Workmen to Entertain.
Liberty Lodge. A. O. L. w. will r
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