, 1874-01-31
MIR. REEDS ARGUMENT.

Tho statoa Attorney then said:
II the Court please, what havo to Say In re-
1ation to these questions will bo very brief.
THE FIRST ogJEcTIoN
made to the Indictment for falling to pay over,
is. that it does not aege any criminal intention.
will answer that by quoting our statutes and
tho decisions Of our Supreme Court. On pngo
100 Of GroHB' Statutes, Sec 40o. occurs tho fol-
lowing:
shall be deemed sufficiently technica! and CORRECT,
which staes the ofonBe il tile terms UNI language OF
this CODE or 80 plainly that the nature Of the onense
may 10 easily understood by the Jury.
That is the provision OF tho statute. now
refor the Court to Sd Soammon ], page 233, tho
caso OF Miller against The People. Tho reporter
aays, after tho rendition Of the verdict against
the defendant (A1illor), exception WIS taken to
otronae to have beeu committed foloniously."
The first point made by tho counsel Is, that no
criminal intont IL charged against Mr. Gago in
tho indictment. In tho indictment against Mil
Ter tho:e was not syllable OF reference to any
criminal intent on his part, aud tho Supreme
Court affirmed tho verdict against him.
Mr. Reod thon quoted from ! Scnmmon, SOL !;
Scana.non, 509 10 81 Illinois, 2G; II Illinois,
4G5 to show TINT ii tho indictment was IN ac-
cordance with the statute it was good ono, and
that it was not necoHBary to a1lege criminal in
tent.
Io continued: It ia not contcudcd by these
| gontlemen-1 have heard no such suggestion from
them-that this indictment ia not in tho Ian
| guage OF tile statute. I do not know whether
! they will mako any such.
| Mr.. Swott-No.
IL THE CASE WITHIN THE Law?
Mr. Reed-1t is sud there Ii no objection to
tho indictment, that it does not fol-
| low tho ssntuto. That brings mo to =
more important question. call your Honor's
attention TO Page 179 of Gross' Statutos. will
/ read auch part Of the section as is necessary to
Trn$J tfSn
Mr. Gage falls within It's provisions By a fair
aud reasonable construction: " If any officer or
| poraon who now is or hereafter may be-" etc.
When this statute was passed., tho Legislature
cera then existing who wore charged with the IL
colloution receiving, and disbursement OF public
money; but 1t says, "who now and hereafter
rnay bo," showing that it was tho intention Of
tho Legislature to extend It to any porson or
officer WHO should afterwards DO lawfully i'll
trusted with public monoyh,-to cover I'LL ler-
| Houe who should como within It's provisions for
ever aftor, until tho law should bc repealed.
II any officer person who now is Or hereafter may
10 nrithtea by law to collect, dHburse, receive,
safeiy keep any money or moneys, revenue or RYE,
nes belonging to his Btato to the school fund of hs
Btato to tho school fund Of my county or townahp,
| or to any other fund, etc.
INTENT or TIE LEdIsLATunE.
Now, II the Legislature did not intend to covor
any other funds than those described hcre, why
was additional language put into the statute
| why ulu nOL tIlty HtoV AAtaE t!lo c!ta1AeHAt!bA
II thoy had stopped there, tho statute would no.
have applied to this easo,--to Mr.. dage, City
Tronsurer of Chicago. II they did not intond
that 1t should apply to othor oaaes thai thoss
mentioned, why were the words, "or any oiho1
fund, now IN being Or hereafter. to be
established by law Tor public purpoHcB,"' inaort-
cd In the:acction It seomB to mo that Ia O
very forclblo proposition. Why did tloy. put In
more words thau were necessary? Why wae
ths Language inserted, II tue Legislature intend-
cd to contino Tho operations OF the section 10 the
officers and persons namoa Tho obvious answer
Is, that the Legislature thought they might omit
aouo officer who ought to DO coyorea and gov
ernod by this statute, aud they put IN thoat
comprehensive words 30 TINT my officer or per
son could tnot escape simply beoaune ho wal
nos mentioned In tho statute. Tho indictment
alleges that Mr. Gage WAS Treasurer OF tho Cit.
of Chicago that ho collected and reeoiyod, a:
such Yroasltrer, certain amount Of money ; ami
that tho aalno was thon and there fund ostnb
lished for public purposes. These words wert
inserted In tho statl1so for aome purpose.
LET ME 1LLugTnATE
by reforrlnE to some other sections OF this Grim
itai codo. There s statute which pnnaho
County mud Township TreaBnrerB for embozzo
mont, That statute ia almost exactly like tbi
provision Of tho city charter, concerning whlo
- = l. H. T..