, 1874-12-07
D. A. GAGE.
Fifth and Last Day of
the Trial.
MORNING SESSION,
AnHUMENT OP ErDNEY BAtlTH.

last day Of tho trinl Of David a. Gage, ex-Clt
Ireasuror Of Chicago, for fai1inB to ray owe
s6oS,ooo to hia Bt,ccoaaor, began gloomity, hu
cndol c1loerfnlly for tho defendant. Tho soss,o,
Of tho Criminal Court opened at tho uBua1 lou
In tho morning.-0 O'clock, worry few people bo
you'd those directly intercBtod being prooont
Others. howovor, soon arrived, aud, boforo Alr
Smith Ind fairly Cotton into his arguments tht
room vaa crowded. It was known that tho cass
would 60 to tho jury about II o'clock, siuco Arr
Smith had told aeyoral porsoua ,thar llo woult
not occupy oyor two hours. Honco tho inoreasot
attondancc,-.tho largest d,iring any OF tllt
acuaionB. Among tho number wore abou
thirty Indies, who woro NIL seated to-
gotlor, tho Court giving orders to uua'
Tho men who had talon possession of the
benches IN order to give them The bost opportu.
| 'ity to henr. The expectations with regard tc
Mr.. smith'B cloofng argument for tho prouocu,
ton. though great, wero fully realizcd,-h 70.
marks being cl,atnc nctorixod by \ remarkable ccat
noss Of slatomont aud apparently ncontrovesti-
lo.logcal deductions.
| TltR INSTRUCTIONS.
!. Tho Court than inntrlotcd tho iury. those for
tho .proHccution being as follows:
F1Fss-TAo Court iaatrota tho jury that II they BE-
lioyo from the cridtucc Gcyond reasonable doubt
uhcago aa charged in the indictment; mud Tint ha
tern 9t oitco as such Trosaurar Expired tho 1Gtll
aa as @ md psn
ant on said lG. aay Of pecenlbor as charged tn the
Indictment ri nou; w., at a9! defendant sc Trcsr
money mentioned ID t,o Indictment, aud It'd not dja iae
h.trso the saiao IS Euch Treasurer; and that
aS . "a saW ,1, money sas fund esabltslod by
and 1nt sid banie oara ~ sc sceessor II oe
Of gai1 defendant, demant'od payment Of and from
dicn,en nn lint sa!d defendant fats 10 ray so over
nut doiysr saa money to sad Daniol olara, such
fcnat il guilty s it Is tho y Of tic ur iry 'tS 10 '1 o
soey mon de tic osienee. @ sd' sn tey is
lave nn siens TO aeaao 1t upon any other tdca
stsondETae Goa,t instrcts tho Jury that they nust
BY tho Court and they havo no right to consIor n,ty
thing "a evidence which Yna not admitted by tic
fandant stated they could havo proved Il permitted by
hs Court and they laye right to bo influenced by
Ruth satcnenH were fountsod upon tho evidence I'd.
mited by tho Court reasonably properly inferred
from tue evidence admtted by tho cour: proper and
y%ird-;Tha Jury are instructed TINT, Whatever tho
balance 81 funds may have hecn which lind ucon put
tho City Of Chicago and not paid out dlabt,rsel hy
him By authority of law on or about til
1eh 1o Day ef pesSss ssS ls ho bound to pay
demand and tlei efora. II the jury believe from tho
es1d9ncs that t1S smonnt oi sc balance s5o7-
OlIura, III olce Of sa5 Gage demanded
aeh GIanco Of SAID dago ou Or about tie 5th Of jan
M 10 pay l
Mand; and that my portion Of a.id baluuco oxcccd-
lug slo9 was fund cssablIahol by law public pur-
nosGs thcn os to said publio fund.- tho faro Of sat]
Gage to nay over tho Banc constituted oIcnse u,
der tho stsue, for tho violation Of which The ndiot
nent In this case was found.
toanA-rhe Court tnsr.,ess the Jury that reason-
np!e do9e 1o msana M " sw lay H. serious substantial we'll
law aud the evidence to search for OF hunt IN doubts
TN order to acquit tho defendant) not arising from
good character OF tile defendant cannot shield OF mo-
tect him from the consequences Of his acts II tc fury
hcese, from the evidence beyond reasonable doubt
nent.
F1Gd-Iastly. The Court instructs tho Jury that,
Is not necessary to prose as tho inS precso
sont sn ot money tsa IL tIe Indictment VIZ u
sac on e o:son aes
eseeeina oo vas fund d. sanbiaasi i by ~ 1sn
FOR public purposes.
ron THE pErrnsr. Il
On the part Of tho dcfense, the Court iu-'
Btrnctsd the jury as foilows:
Fira-The Court nsructs tho Jury thnt they aro the
Judges Of tue law and tho facta in this case and that
~hnt Tho Inv ia aud thoy the responsibility
Of sscllng 49, oael Juror for himse what ths Law
GCC1HN-lAG 1ufg instructed that tho Indictment
In this Ia not Sustained unless they nre eatisHei
beyond reasonable doubt from tho evidence In tbIg
:aae, thnt the OF s507 49, alleged to hive Lcc
demanded by O1lara, or 1T le.at an nuouut thereof
exceeding $lu0 Eaa then aud tAqye fuud uanbIfahnI
" aw for public purposes.
Jhird-Thcy aro further Instructed that It IL not
utcIcnt that thu evidence should alo,y tLat tic sum
II $5U was at tho t1u1e Of suII dcnoud in thn
.nds Of the otcnllant ns Treasurer Of the clty Of
Chicago, nnd waa tho money Of sail cy: tim nroee
uo,l must also satisfy tbs Jury that tho nonuv waa
unu eaAblisilcl py law aud for public purposes to mi
mount exceeding $lQ0 thereof and, unless they are
atase1 Of this fact boyona reasonable doubt from
LIE evidence IN the case, they must ind defcuant not
'ui!ty.
5SatItne oury aro further instructed that
cans Of a hit ot t"r" nn arp ~
otwceu loans to bank and otor enroral,oa ~ ~" nv
ossons or individuals,
FiGh-Aud tho Jury aro further instructed, a. d
attor Of law TINT tho item Of els sa which appears
lug ast tsi o51anceetset 1: u David a. 0sgo ~
,v,nrTm =. sao c'y u oa1gaeu 10 sae eseait o,
bw ls 5or nhcs ,,rnnaca. mn nn t,,t w.
o,n Of which anpears In said halice si,cos to
o credit Of tho Polico Lif atitl Health Insnsance
'und, was not n fund Established by law for public
urposes; aud tlat tne Item Of ss,l17:11, which
h., ins', f .,,l! ',u,naa @ s , .ano