Nashville union and American. [volume] (Nashville, Tenn.) 1868-1875, 1872-02-18
THE STOKES CASE.

We publish a portion of the charge Of
Judge Cartier in the trial of Gen. w. B.
Stokes, which was omitted in the synopsis
published by us yesterday:
The United States claims that they have
proved to the satisfaction Of your jUdg-
ment that defendant was Representative
of the United States, and while such, rend-
cred aid as an agent in the promotion of
these claims against the Government. On
the other hand, it is cOntended by the de-
fendant that whatever he did was simply
in discharging the ordinary duty that be-
longs to a Representative duty 10 bis
constituents without reward; that he was
TO find his reward by his discharge Of public
duty. Now this is the issue. They put
that issue to you and your oath, and ask
YOU to respond. 1t is claimed again that
whatever money was paid was paid inde-
pendent of, if not foreign to, the actual
service rendered III the prosecution Of the
claim.
1t is claimed by defendant that he was
taken from his home and was Frustrated
nigh unto death, and that the reward receiv-
ed was voluntary reward. This is a que5-
ton Of fact for you to determine. On the
other hand, il is cOntended that it was not
areward. Again, it is asked that whatever
money Stokes did receive was received by
reason of his having purchased these
claims. The court has no hesitation in
charging you that if you find from the proof
the evidence OF a joint speculation, the de-
fendant cannot be convicted Of having
prosecuted what belongs to him. If it IS
independent of the influence that look hold
OF the allowance of these claims, and was a
it is not the subject of inquiry under this in
dictment. Any doubt over any or either of
these questions should be resolved to the
benefit of the defendant by reason of the
good character that be has shown. Such is
the office that good character performs in a
court of Justice. Character is not part of
the direct issue. 1t is only entertained to
enIisiten an issue. The law presumes that
a man Ebo has lived long life Of good
character, against whom no crime has ever
been charged, viii reluctantly enter into a
career of crime. The law has provided that
good character shall be a property in the
defendant.
Mr.. r. 1 will ask the court to say that
the credibility Of witnesses who have been
particeps criminis is impaired by their being
such.
Chief Justice. In view Of the fact that
you have been presented with three or four
witnesses against the defense, and that they
have been taken from the Jaws Of Justice.
The oOmt will charge yOu that they are not
20 be listened To with truStwOrthiness.
This is true. A man who comes upon the
stand and confessedly avows himself to be
a trsnsgressor of the law, is not entitled to
the same credence that All honest man
would be. You must listen to them with
caution. No matter what corrObOration
they swear to, they are to be treated with
incredulity. Examine the evidence Of
these witnesses, and then look abroad into
the balance of this testimony, and look
upon it as a whole.
Mr.. II. l would submit that if the de-
fendant has made written confession of
his having received this money, they will
Snd verdict Of "Guilty."
Mr. Riddle. II they find it.
Chief Justice. Yes, if you find such tes-
timony act upon it. Now, gentlemen, if
Won find that the evidence sustains these
counts, or any of them, you will return a
verdict OF "Guilty." If you do not find SO,
YOU will return a verdict of "Not guilty."
Mr.. Riddle. Or if they have reason
able
Chief Justice, (continuing.) Or if you
have reasonable doubts pause) Unreasonable
doubts, you will find him ''Not guilty"
The Jury then retired, at 10 minutes past
3 O'Clock, for deliberation.
After a lapse of 80 minutes, the jury re-
turned a verdict Of "Guiltyp under the
several counts.