The Placer herald., 1858-02-20

facts Of this case, so far a. the same can lie
ascertainel from the evidence introduced.
you are made the sole judges.
INSTRUCTIONS TO THE JuRY. AsKrp roa ~
THE PROSECUTION, Asp Owes nv Tns
COURT:
lst. From and after the 9Th day q March.
1855. 1t was not lawful for the Treasurer
OF State to pay out any monev. bonds
warrants or other evidences of indeb,.
edness in full or in part paymsn, of any
State dues or Indebtedness, except uron and
in conformity with the order of the Coz.
tro.ler Of State.
I'd. Under an act Of the legislature II
this State, passed March 9th. lsss. the
Treasurer Of State was required 10 Fsport 10
the Controller Of State during the frSs three
days Of each month the complete operations
Of the Treasurer Cor the prcccltg saoush,
specifying the amounts received. snd from
what services the amount. eSreuIed IN the
redemption Of bonds. warrants. coapons &c
interest, &c, and the balance ~ each on
hand in the Treasury 10 the credit a the
various funds
Ord. The report of the defendant insroiuc.
ed in evidence in this rs basitg besa snsds
on The first day Of January. 1857. is evidence
against the defendant that thefe uzs. 81 tie
time said report was made tie arnesnt u
money in tie State Treasury. Which s4id 70.
port shows TO have been there al that time
4th. II the jury believe from the evidence
tha, the deft, Henry Bates rstssed % pay
over TO his successor James l.. Enggash on
proper demand made by aid 4 gtsh any
money or moneys. revenue % fesenues.
amounting TO over slO0. lelongias 10 this
State, which lie the said Henry hates secsiv.
ell n Treasurer. and which he the ss4 Bate
as Treasurer was intrusied ~ lau n eoilsgt
disburse, secure or safely keen. snd whirh
he the said Bates NJ Tr-asuTcf bal tss de-
bdrsed according TO Law. Il Is the daty q
the jury under this indictment ssi ~ Izs
Of this case to find the deisnlan, gas.sv-ans
less such failure or refusal wAs ooesssoned
by unavoidable acrideui or loss and he boz.
den Of proof Of such arcidsnt % loss. rssss
on the defendant. (The above itsssestioa
was given by the Court. ~ amsndedl
5th. The books Of the 1Feasufss a STATE.
the receipts executed by him i0f msests fes
cei,cl under authorizations from lhs Cans
iroller and the monthly reports male ~ tiss
Treasurer 10 the CONTROLLED. a's yssses fsrss
evidence Of amounts u, eivssl into ths IFesss
urer's office, Of the amounts d'sbufssA ssad II
the balance that should bs on hsal
9th. IL is not necessary fuf tie people %
show that the defendant faIlei % FaF oysf
10 bis successor upon proper dssus04 a..
contrary 10 the law. the amoin' shsfeed Ia
/ the Indictment. Il j, sui.irieut Il slss jasy
believe from the evidence iisn, ls tesel 1o
pay on demand kr.. any fmouu, a sss peb,
lie moneys eScecding 500. fvrsste4 ~ tls
Treasurer fnr safs k..liug ar disbassssnsni
aud which he hal not dsluissd n am&mnss
prescribed by Law. CIhe al.Ns a. snsnds 4
was given.)
'lh With tie punishment imposed ~ he
law the jury have nothing 10 10. sas sasuil
they take Tie sane into c,n.sls sassm Ia
forming a yer iir, in this casa. 4 = sanpiy
the duty Of tie jury 10 rFonuasss tbs
defendant guilty OF rot guilt. " aessaoes
charged IN The indictment.
slh. II the jury l-.lie,e from 'hs seRserrs
that the witness liHii wH, q rosnfssssns snsl
skilliul accountant, ani hg mg,ls thaFoash
examination of tho bonks. Fygslrls swsias
Traitors. and monthly reports otsHuA aa etis
dence in this ease. and tia, fiem Biz stsii A.
an accountant. and from bic ssamlnsgaaes ~
before stated, he wAs able 10 and daA sass ths
true result Of defendants accouni. shra has
statement of surh result i In ssR1saes Ia
this ease. and II uncon;fadislsl . 10 he islsn
by the jury as correct.
9th. The defendant. Henry nasss @ss am.
thoriyed by Law, ~ Treasurer u sassr, %
employ clerks in III. Office. sni ihs aras of
such clerks, while they were setins 10 that
capacity and within the Legitimate has of
their duty rs such. are ssidvnoc ssessss che
defendant unless the same aFs sslAsaeel b.
him.
10th. II the prosecution have rfossa l~.
yond reasonable doub, that the dsGsaA4nt
in person or hy one Of be el-rks rsgsasrd as
State Treasurer the sum of assoc %. a.
charged in the indictment, ~ any pass lhsas.
Of exceeding in amount sl00. and at has.
ing disbursed said sum according 10 ls~. he
failed TO pay IL over To his surcessos il oftios
upon proper demand the. eof Thea The juFy
must return a verdict of guilty uaiess sIss
uo'ehV" has sh"Wh uN pfcIsonusfA1tW - sttH
dence that such failure was oosasaoaa1 b
unavoidable accident or loss.
lilh The acts of clerks in the tinas a
their business Ms clerks are pvims f@sss the
acts Of the principal aud Il uhsHPlsaaed by
him are evidence agains. him aa4 he =
bound by them.
leth. II the jury believe from The sssisaoe
that the defendant had filel b r.sy essF
any SUN mentioned in the inLiel,nsai stassd.
ing 500, prior TO his slskness. psasadsd ii
was impracticable from any eaass. lsfsas llas
time. TO have made a demand n hims and
that such failures was not oeessionsi - an,
avoidablc aceident or loss thea lAsg ~iil
find him guilty
INSTRUCTIONS AsgEn FoR nv nEFExBaNE sss asFEN
nv FuF f0FnV