Evening journal., 1909-10-13

BARR APPEALS
Sussex County Court Imposes
Fine Of 5000 And Costs
on Pol I C.dn
SECOND CONVICTION IN
ATTEMPTED BRIBERY CASE
stan Correspondent

STAN Correspondent
GEoRGETSvN. Del. oct. 1s.--John
Barr. the wel-known contractor and
former highway commissioner Of Sussex
county and Republican politician. this
morning was unanimously decreed by
Chief Justice Pennewill and Judges
wooiley and Hastings 70 be guilty Of at
tempting TO bribe jonathan p. Hall, BY
promising him so to vote the Republi-
can ticket In Georgetown at the 1903 eleo-
ton.
Barr was sentenced to pay a nne OF 500
and the costs OF prosecution which amount
to $500 IN the nrst trial and ebout $50 IN
the second trial.
The sentence carries with II disfran-
ohsement for ten years under the con-
stitutlon.
Barr was committed to the custody OF
sheriff West until the fine and costs are
paid.
David J. Relnhardt and Daniel J. Lay-
ton Immediately gave notice OF an APP
peal IN behalf OF Barr to the suprene
Court Tho appeal bond was fixed at
81, ,00O and the bondsmen are John r.
steele James u. Chapman and Daniel
Short.
heard the verdict and sentence OF the
court Members Of his family we're in
the court when sentence was imposed.
Barr sat alone within the bar Of tho
court room while Mr.. Renhardt and Mr.
Layton we're out OF the room Tor an hour
preparing the appeal bond. Barr was not
really IN the actual custody Of the sher-
IN al any time.
AJsthI Ire.., Crrnrd Charde
Attorney-Generai Gray dronped tho
second charge against Barr. that OF PRONE
islng Benjamin b. Morris $50 to vote.
a Today's Is the second conviction OF
< Barr. AT tho April term Of Sussex court
n he was adiudged guilty OF attempting q
a bribc Hall, but the court granted new
y trial before sentence was passed and
of was at the new trial that Barr was con
Of victed today.
no Sentences Passed.
aal tnief Justice PenAewiu announced q
AZ verdict OF the court shortly after
session convened about 10 30 o'cl * u
In morning. Judge Pennewill Haf
ur- after a most careful cefi g alton
,sts The dense lsiis " 9 49, ~.
Is monals OF the opinion thar deems
18th should bo convicted. ana wo are also
ely auimousiy OF the opinion. and have
a D. determined. that under al tho facts 8
circumstances OF the case as disclol
at by the evidence. the payment or a n
,r- OF 5000 which we consider substantii
rs. together with the costs OF prosecute
m. which are heavy. would be a proper ar
,e. adequate punishment and meet the a.
mands or Justice In this case. We at
s. Judge the defendant guilty and are pre-
1- pared TO Impose the sentence Indicated.
nj The sentence was then pronounced an
m Mr. Reinhardt gave notice OF an appeal
He also raised the question OF whethe
Id the costs to be paid are of the presen
SIS trial alone OF OF both trials Attorney
General Gray thought that under the Gus
tom the costs OF both trials should b
borne BY Barr but Mr.. Reinhardt point
"a OUT ssat the hrst trial was really
nis-triaI inasmuch as Barr had not bee
called upon 10 plead. he did not thin
W the costs In that case should be charge
to the defendant
The judges and lawyers will look In
the matter further before any deciai'
OF Is made as to whether Barr shall p'
ns' costs in one trial OF both.
So The Judges at noon approved the appe
tue bond Of 5000 given by Barr and he walk
out Of the court room a free man pendi
determination Of the appeal. The case "
- come before the Supreme Court in Jan
wv AIRY.
,er- Along with the bond counsel for Be
ov- presented a formal petetion OF appei
md The court did not think Il was really ne
no essary and after some discussion A
DR.. torney-General Gray said he was not O.
the posed TO the petition but did not think
rch should become a part OF the record
re- Testimony Concluded Yesterday
Am the testimony in the case was NJ
Sill ished yesterday afternoon. The case wa
Tho handled by both sides without delay, an
re- there were no wrangles OF consequenc
'n- over the admission OF testimony. No in
'ad portant legal questions were referred
" the Judges during the trial, and not
m m half dozen exceptions were noted durin
the entire trial The case was hard-fougl
~ however, and was carefully planned /
Acknowledgement Gray and Deputy A
torney-Ceneral c. W. Whitley for Il
state. and by David J. Reinhardt al
all Daniel J. Layton. Jr. for the defense
ole closing arguments we're made by the la
.ep yers in closing the case yesterday aft'
noon, and the judges had all n ght to CO
slider the evidence and reach their "
dict.
AT the yesterday Afternoon session I
tective John Armstrong was recalled
II Continued on second Page