The Wheeling daily register. [volume] (Wheeling, W. Va.) 1864-1878, 1876-02-25

peIsisIeuIiy III aiu Va .sNo
by conveying the information essentiai
to these fraudulent schemes. Blng
hao dlstilleries in Indiana and one here,
and the information given to him by
Hoge was sent to Barton, Bingham's
superintendent in st. Louis, and by tnat
superintendent promptly communicated
to others in this city. 1t appears that
Hoge was in West st. Louis from the
18th to the 18th of November of that
year, his name being omitted from the
hotel register until the day he left.
About that time the conspirators here
paid HIM as bribe, the sum OF $lO,Ooo
and his letters indicate that he worked for
long period and down to the seizure IN
st. Louis in the interests of the conspira-
tors. The telegrsphic dispatches and
from Avery who was part OF the time
Chief Clerk in the Treasury Depart
ment and part of the time Chief Clerk
of the Internal Revenue Bureau OF
Washington are also before
You, and also the frequent
visits of Mcdonald and Joyce to that
city at times when arrivals at st Louis
by revenue officers were apprehended.
These significant facts are for you to
weigh in order to determine whence the
needed warnings came. The prosecution
contends that the defendant gave
from Washington the information
needed By the conspirators here and
aided in preventing the visit here, which
the consplrators were ANXIOUS to avoid.
The defendant contends on the other
hand, that Hoge furnished the needed
warning, and perhaps Avery also; that
the defendant did not know of the exis.
tence of the conspiracy and gave know
ingly no aid thereto; that as the conspir-
arors had full sources OF information
from Avery and lloge, they had
no ADEQUATE motive in seeking his assist
ance as a member OF the ring, or in per-
mitting him to know Of their frauds;
that Hoge and Brashear two Of the rev.
eDue agents sent here were bribed by the
ring 10 contribute to the facilities which
Hoge enioyed for learning the plans OF
the revenue authorities at Washington
for the detection of the frauds
in the West. Rogers, Brooks
and Douglass show how lie used
these facilities for the ring. His
letters indicateit. In the light of such
testimony, the jury should examine the
ALLEGED connection of the defendant with
the ring here, and weigh his acts, conduct
and declarations, oral and written. 1t Is
not so much from isolated facts and cir
cumstances. As from all of them taken
together and weighed, that right conclu-
sion can be reached. 1t may often hap.
pen that one or many acts, or groups OF
acts taken separately will fail TO establish
the existence or the nature Of general
plan, when all of them are considered to-
yelher in a careful and panstaklng way
will show there was u general and COM
mon plan, and disclose the nature and
scope thereof. Some of the witnesses on
the part of the government op material
and disputed points are confessed men,
bers of the conspiracy and under
Indictment; therefore such connection
with the ohense makes them
accompliceS, and it thus becomes ncces-
sarv that the court should state TO the
Jury the law touching the testimony Of
such witnesses. The rules OF the law is
that accomslces are competent witnesses.
That means that the parties have right
to have them smorn. 1t also implies that
when sworn you shall consider their tes-
timony. They are competent witnesses,
and under the Legislation of Congress
thee may be compelled to testify.
The testimony OF conspirators also
has to be received with extreme
caution ard weighed and scrutlnized with
great care by the jury, who should not
RELY on it unsupported unless II produces
in their minds the fullest and most posi-
tive convection of its truth. 1t Is Just
and proper in such cases for the jury to
seek Tor corroborating facts In material
respects. 1t is just and proper
TO do it, but 1t is not
necessary, provided the testimony
of accompIces produces in the mind Of
the iury full and undoubting conviction
of its truth. To the jury belongs the duty
OF weighing the evidence and determn
ing the credibiity of the witnesses.
With that the Court has absolutely moth
ing to 10. The degree OF credit due
witness should be determined by his
character and conduct, by his manner on
the stand. his relations to the con-
troversy, aHd TO the parties, ms
hopes and fears, his bias or impartallty,
the ressonableness or otherwise of the
statements be makes, and the strength or
weakness of his recollectlons, viewed IN
the light Of all the other testimony, facts
and circumstances III the case. IL any
of the witnesses are shown knowingly 10
have testified falsely on this trial touch
ing matters here involved, the jury
are at liberty to reject the whole OF their
testimony on the trial OF this case. Inc
defendant mas produced an impressive
array o: witnesses OF the highest charac-
ter who have testified 10 mis- previous
uniform and general good reputation as
man OF unquestioned integrity. ms Is
competent evidence, and the good char
scter of the defendant in this respect Is
fact to be weighed and considered By the
iury in the light Of which they should
receive all the evidencr, and
determipe the question OF his
innocence or guilt of the crime CHARGED
AGAINST him IN the Indictment. The
sboyeis the settled law in ali criminal
cases Is well as tnOse III WHICH uIIeI' W
positive evidence is recited, as those IN
which the proof is circumstan:lal, but
in cases of the latter kind the evidence
of previous good character has more
scope or force than in the case where
the proof ot the offence Is
positive and direct. In the
language Of AN eminent judge, speaking
of this point, 'there may be cases So
made out that no character can make
them doubtful, but there rnay be others
in which the evidence given against
person without character would amoun;
10 conviction in which high character
would produce reasonable doubt; nay
in which character will actually out
weigh evidence which might other.
wise appear conclusive. So We reg Td
the evidence on the subject Of character
is fact fit and proper like al the other
facts in the case, TO be weighed and e.tl-
mated by the jury, who, when forming
conclusions upon the various acts and
circumstances relied on sgsinst the de-