The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1868-06-16

bGtf1d tQTeceIY6AsLneH. eFlueuce pre-
cisely as you would the evidence Of.
any other persons You will Of course
make that deduction, which, from the
fact that they were concerned in the
puilty. transactions, must necessarily be
made by all honest and thinking minds.
We repeat, that Il: the witnesses come be-
fore YOU and testify in such manner that
Won would. in any Of The ordinary transac-
tions of life. give them credit and act upon
their testimony in other words, if you be-
lieve them-you are bound to receive their
testimony. In this case, moreover Il the
strict rule Of corroboration were to be ap-
piled, in the judgment Of the court these
witnesses are amply corroborated. AT sl-
most eyery! point, If not every point,
where their testimony touches the testi-
mony Of other witnesses who are not par
ties to the transaction, their testimony is
supported by the testimony OF such other
Witnesses. In the strictest possible sense,
therefore, we regard the witnesses as cor
roborated and entitled to your credence, and
YOU viii take this evidence and examine
this case by it under the oaths which you
have taken. If you find that these par
ties, in July, entered into Q conspi-
racy, as the court has defined it, and II
they continued to act in these illegal
transactions-if this conspiracy, begun be-
tween Gouldman, Anderson, and Clarkson,
was afterwards joined by Patterson and
Elsom, and if these young men, Hora-
tic and Richard Anderson, we're inspectors,
and knew the general circumstances OF this
conspiracy-knew that the collector and as
SCISSOR were conniving ct shipping whIskey
without paying the tax, under an arrange
ment with the distillers-if you, upon the
evidence, believe that these persons knew
it, and were 80 employed, then you will in
clude them in your verdict. In regard to
the other parties-Vernon, Shepherd, Man
son, and McCreery-the District Attorney
has told you that he sees no evidence upon
which you can find verdict against Nc
Creepy, and in that the court agrees with him.
You will therefore, unless you are convinced
Of the contrary, return verdict Of not
guilty in reference to McCreery. With re-
gard to Manson, the District Attorney has
expressed the same general opinion. He
was undoubtedly used as messenger by
his employer, Parrish, if recollect Alright,
in this transaction and if he was acquainted
with the parties, if he knew what was
| going on between them, and allowed him.
| self to be used as messenger, and CO.
| operated with them, that would make him
party in the eye of the law. You are to
saw whether the evidence is sufficient to
convince you that he did it or not. AS
to Shepperd, the case is somewhat differ
ent. He was an assistant assessor, sworn
officer of the law, just as the other persons
were sworn officers of the law. 1t was his
duty to take the oaths to the returns which
were made. He certainly neglected that
duty, if you believe the evidence IN the
cause. If he did that in furtherance OF this
general object; if he, being assessor, was
acquainted with the general scheme which
was being carried on, and then did these
things, then undoubtedly he is guilty also.
That he violated his duty is certain; whe-
Their he did it with knowledge Of the con-
spiracy or not, is for you to say. If he did
it in furtherance of the general object, he is
guilty. Upon that subject you will inquire
according to the evidence, and consider it
carefully. You will find no person guilty
unless you are convinced of it beyond q
reasonable doubt. What is o reasonable
doubt is O matter of common sense. 1t is
not every vague, uncertain possibility Of
innocence upon which jury is authorized
to proceed, but it must be that the case
is left in such shape that the jury
entertain fair, honest doubt as to the
question of guilt or innocence. When they
do entertain such q fair, honest doubt, not
founded upon their own imaginations, but
founded upon the testimony before them;
then they are bound to give the prisoners
Io,hf NofhSnn olaQ
occurs to the court which it is necessary to
say, unless the counsel upon one or the
other side desire something to be said by
the court. We have endeavored to lay
before you just what the law requires.
The final verdict is with you. You are
the great protectors Of innocence the
great securities of justice. Upon you the
Country depends that no really guilty man
shall escape upon you the people all de-
pend that no really innocent man shall
suffer. You will take the case therefore,
and with these instructions you will render
true verdict, upon your oatfls.
THE VERDICT.
The jury then retired, and remained in
consultation until fifteen minutes past q.
The verdict was read as follows:
1--WE, the jurors, find John n. Anderson,
John H. Patterson, Robert W. Elsom, and
Alfred J. Gouldman guilty, as charged in
this Indictment, and Vernon G.. Shepherd,
Horatio Anderson, and William b. Nc
Creary not guilty, as charged in this in
dictment. WILLIAM n. ALDERDICE,
n4 !" Foreman"
The prisoners found guilty betrayed no
emotion. Those acquitted all manifested
their JOY to greater or less degree.
The court then adjourned until o'clock
P. M.
THE SENTENCE. saszs
1t being generally understood that sen
tence would be pronounced by the Chief
Justice, Immediately after recess the court
room was crowded with spectators, who
were with difficulty kept without the bar:
AS soon as the Chief Justice took his
seat the prisoners were brought in, having
during the recess been confined in the
clerks Office. They were placed immedi-
ately in front of the bench-an standing.
The Chief Justice said I" Gentlemen,
YOU have been tried by o jury of your coun-
trymen and found guilty Of conspiring to
defraud the Government of the United
States. Have you anything to say why
sentence should not be pronounced against
you ~ :,
Anderson shook his head. The others
were silent, and the Chief Justice was
about 10 pronounce sentence, when Major
Darlington, who had just entered the room,
requested moments delay to allow him to
consult with his colleagues as to the pro-
n,;at n oP making n certain motion.