Muscatine weekly journal. [volume] (Muscatine, Iowa) 185?-1890, 1860-06-08

and knowingly, and to q material amount,
overstated, such statement would be in
violation Of the provisions Of the Bank Act.
The defendant has offered testimony for
the purpose Of establishing his preoi,us gen.
eral good character. And among other
evidence are statements in this respect in his
affidavit for q continuance. The statements
of fact therein as to the defendan $ good
character are to be taken and considered by
the jury the Same us if the witnesses therein
named had been produced and had sworn to
the same facts in open court before you.
General good character, when satisfactorily
established, is aloays, and not simply in
doubtful cases, to be submitted to the jury
with the other facts Of the case. And the
duty Of the jury is TO form their conclusion
upon the whole evidence, whether an indi.
vidual whose character was previously un-
blemished has or has not committed the crime
charged. Against guilt, when strongly, clearly
proved, good character cannot avail. But in
cases where the facts are doubtful, or admit
of different interpretations, the defendant may
in such cases throw around himself with
great, and, in most instances, with decisive
effect, the protecting mail of an antecedent,
unblemished general good character for hon
esty and uprightness. For it is just and
reasonable that a mans character, which,
during years Of contact with the world, has
remained pure, stainless, and of unchallenged
probity, should not be overthrown by any
accusation doubtfully proved. a.
|. A word as to the degree or quantity Of
proof. It is we'll known maxim of the law
that the defendant is, by law, presumed to be
innocent; aud this presumption abides by and
protects the defendant until it is overcome by
proof which establishes his guilt, or the truth
of the charge, beyond reasonable doubt. No
preponderance of evidence, and no weight Of
preponderant evidence, is sufficient to convict
in criminal case, unless it generates con-
viction of guilt in the minds of the jurors
beyond what the law styles reasonable doubt.
What is this reasonable doubt which operates,
when it exists, as an acquittal in criminal
cases 1t must be are0sonable, not fanci-
full, mere conjectural, or mere possible doubt.
1t is a real doubt, which, without being
sought for and hunted after, naturally arises
in the minds of the jurors, as to the guilt Of
the defendant, upon careful and attentive
consideration and comparison of the whole
evidence.
If, after such examination, you have
reasonable hesitation as to the guilt of the
defendant, or as to the truth Of the charge
against him, or any material fact which
goes to constitute such charge, the law
humanely throws such doubt into the seal q
of mercy, and the defendant is entitled to
stand acquit of the crime of which he is
accused. If you have such doubt, it will be
your duty, as am sure it will be your
pleasure, to find verdict for the defendant.
If, on the other hand, the guilt of the
defendant is clearly and incontestably
established, by satisfactory evidence, it will
be equally your duty, however painful, to
say 50 by your verdict
Let your verdict be such as the law and
the evidence require, and such as will satisfy
your consciences, not only now but when
you may reflect upon your action hereafter
Though the law, for an alleged violation
of which the defendant is indicted, is anew
one, and now tor the first time passing under
judicial review, yet to aid me in constru.
ing it is the light to DO drawn from analogy
afforded by galaxy of learned judges
American and foreign.
have now discharged my duty--patiently
l hope, but surely without fear, favor o'
affection. 1t is now for you to di, charge
yours. You have no precedent to guide you
no case just like this in its exact natur.
aud bearings ever occurred. This must
therefore, be decided upon its own peculiar
facts and circumstances. Your uIweariet
attention during the whole of this protractel
trial has challenged the unfeigled admira
ton of oil who have observed 1t. This is ,
pledge, it any were needed, that the case will
continue to receive throughout your further
deliberations the same careful thought, ant
that the verdict which shall be the result o.
such deliberations, will be a wise and JUS
one; and that it will be rendered irrespective
of any feeling outside - if any feeling shal
exist whether such feeling runs against, o.
in sympathy for, the accused.
The case is now with you, to make tru'
deliverance between the State and til,
prisoner ct the bar.
JOHN F. DILLON, Judge, dc.
The jury then retired, but were unable tt
agree till Saturday afternoon, when they
brought in verdict Of "Not Guilty," al
already published.
Thus has terminated one of the most i'm
portant trials that has ever taken place il
this State. 1t has its lessons. Every reade
can discern them.