Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-02-13

not charge for bis services, IS he was
member Of Congress.
Judge Houck sworn.-Nnness testlneo
| to the good character OF Col. stokes as a
gentleman of undoubted integrity.
Judge Crawford sworn.-Teslmony sub
stantially the same as that OF the preceding
witness.
Hon. Emerson Ethridge swom.-Was
well acquainted with Mr.. Stokes. His per
sonal character was excellent.
Mr.. Williams then made the opening ar
gument for the prosecution, occupying
about half an hour. Upon the conclusion
of his remarks the Court adjourned. The
Judge cautioned the jury to have no COM
munication with any one upon the merits
Of the case until they arrived at decision.
The second day ofthe trial was occupied
with arguments of counsel. The Judge
charged the jury as follows:
The Government claims nothing under
the first count.
The second count charges that 'fhe said
William B. Stokes, being Representative
of the United States of America, did, with
force and arms, ETC., negotiate to be paid to
him, the said William 3. Stokes, and with
force and arms did prosecute certain claims
against the Government of the United
States"
Under this count you viii inquire as to
whether the defendant was acting as an
agent or attorney of the claimants. An at
torney, under this statue, means any mem
Der of Congress who, for compensation,
shall prosecute claims before the Govern
ment in behalf of his constituents, or those
whose duty it is for him to represent and
assist.
The remaining question under this count
is, did he do it for compensation in the
light of his service rendered in securing
their payment; and this raises the first
question of fact, wherein the prosecution
and defence come to an issue. The prose
cution insists that whatever Stokes did in
rendering service he did for hire. On the
other hand, it is commended by the defence
that he did it in the character of Repre-
sentative. Here the parties assume direct
issue with regard to the matter charged in
this count.
If you find that he prosecuted these
claims for reward, he is guilty under the
statute; upon the other hand, if you find
that what he did was simply done by him
to facilitate the claims of his constituency,
and that his services were rendered for no
other purpose, you will find him not guilty.
1t becomes the duty ofmembers of Congress
to advance the interests of their conStitu-
ents. 1t is what they are sent TO represent |
their people for, and it is a duty that may
be worthily performed by him. 1t is for
that purpose he was created under the !
Constitution of the United States. To de- |
clare that the Representative cannot dothis |
is simply to deny to the constituents the re- |
lief that they have right to demand at his |
hands. Whether be has acted in the light |
of public interest, or for lucre, or self gain, !
is a question for you to decide. The sixth |
count charges that VIM. B. Stokes did re-
ceive gratuity from certain claimants who |
had claims against the Government, in con- |
sideration of his having rendered service in |
their behalf. The term ''gratuity" signi- |
fes gift, but being connected with the term |
compensation" suppose it means that |
the party shall not escape the law by reason |
of a want of thorough definition of its |
This raises another issue of fact |
which, in common with the other, must be /
taken in consideration by you. There is
another feature of this case which, in this |
gentlemen, is one Of considerable /
| allude to the former good |
character, in fact, the present good charac-
ter of this defendant.
He has shown you by witnesses the |
record of an honorable life, and in your dis
position of the case give him the benefit of |
whatever weight that it may have in aiding |
your judgment to wise and conscientious
Take the case and dispose oft.
At the conclusion of the charge ofthe |
Chief Justice, the jury made application to
the court for permission to retire to their |
homes, and take the consideration of the |
case tomorrow morning. The request |
was allowed; and after a caution had been |
administered by the Chief Justice, the court
Adjourned.
At 10 A. N. on the third day of the trial
,he jury retired to deliberate. At 2:3O P. NJ.
5he Judge summoned them into the court
room. Upon their arrival the following col
oquy took place between the Chief Justice
and the foreman of the jury:
Chief Justice-HaVe you agreed upon
verdict?
Foreman-No, sir; we have not.
Chief Justice-Is there any likelihood of |
your agreeing?
Foreman think not, sir.
Chief Justice-Is there any question of
law that the Court can settle or explain to
you?
Foreman-No, sir; l think not. We
stand in precisely the same position that |
we did when we retired to deliberate.
Chief Justice-Very well; you are dis
charged from the further consideration of
this case.
At this action of the Chief Justice, the
friends of Mr.. Stokes crowded around him
and rendered their congratulations.
Upon the suggestion of Mr.. Harrington,
the Court fixed Monday for the trial of the
Indictment against Stokes, wherein he is
charged with conspiracy to defraud the
Government.