The Portland daily press., 1878-12-21
THE 0NsPIR ACY CASE,
The Charge by Jadgs Fox-ProbabIe
Disagreement of the Jury.

Yesterday morning District Attorney Lunt
made an elaborate and able argument for the
| government, occupying the leisure of the court
until the Adjournment at noon.
In the afternoon Judge Fox charged the
jury. An hour was occupied in the delivery of
the charge and tae jury retired 20 minutes BIS
| fore o'clock.
After instructiDg the jury that it was their
outy, to take the law frOm the court, but to
weigh the evidence and determine the fact. for
themselves. Judge Fox went on to saw thar
Conspiracy, being in it's nature secret, mus rs
uslly De proved by the testimony of some Of the
co-conspirators. but that upon the bare testi.
mony OF accomplices 1t is not safe to CONVICT
Toere should be additional testimony corrobor-
ating the stories of these parties who naturally
desire to throw portion of their Confessed
guilt upon other shoulders, ard that addition al
testimony should identify the persons accused
to justify their conviction 1t was the duty of
the govern ment to establish the charges of the
indictment beyond reasonable doubt Wheth-
er that had been done, was for the jury to de-.
eide. To aid them in reaching this decision.
the court invited the attention of the jury to
The contradictory testimony about the payment
OF more than $1,000 for the fl st bill of sale, to
the testimony that only $1,000 were paid for the
second bill of sale, the nominal GODS Iteration
in each case being $1,000; to the testimony that
Gully $500 were paid for the third bill of sale.
the nominal consideration being $1,000; to the
extraordinary rates of interest which Holland
was alleged TO have paid-$110 to Baxter, $50
BOGUS to SWEET, and 10 per cent. on note of
$1,000, all for $lS40 at most; to the fact that
goods to arrive were pledged under second and
third bills of sale; to the second mortgage, COW
ering stock which might be purchased after the
date of the mortgage; to the consideration, ac-
tual aud alleged, for the mortgages; to the
transaction on the 81 of July 10 Winship's
office, so far as Leavitt was concerned, and
Winshlp's admissions concerning his subse-
quant suggestions to Leavitt in the
grove ut Gorham; to the transaction be-
tween Leavtt and Harmon in Win
ships Office, and particularly the endorsement
in Haruon's handwriting on one of the
Fictitious notes purportug to run from Leavilt
to himself 1t was f3T the sei sry 60
tended to corroborate stories of Holland and
leavitt and to connect Wipship with the con
sprscy, If conspiracy there was, and further
more to consider whether Winship knew or
did not know that Leavlst swors falsely in his
presence before Register Fessenden, and did or
cid not consent thereto, contrary to his oath
and IN pursuance OF corrupt understanding
Ii was their DUTY TO consider how far Swett's
story Is confirmed by the evidence. with regard
70 his means at the various times when he
claims to have advanced certain sums to
Holland If the jury should find the con-
spiracy alleged ia the second count continuing
after the 81 Of July, 10 Ill tbs baDkruOtcy pro-
ceediDgs had fully taken effect, then tie in
o'C'utub mubt US SustalDeQs IL the date OF
the Conference 10 Gorbam is little later than
the 18th of Jolly, that circumstances is imma-
terlal. The first question b. considered was,
whether conspiracy to defraud Holland's
creditors had been proved bsyond reasonable
doubt; then whether these defendants were
parties to it: theo whether they were guilty
under either or both counts OF the indictment,
OF neither. Unless the evidence establishes
he guilt of the defendants under one of the
cunts, beyond a reasonable doubt, they are
entitled TO an acqnittaL Ii il does establish
their guilt under either couot bsyond
reasonable doubt, it will b. ths duty of the
jury to colvic5 them.
After the jury retired the crawd hung around
the Court room, waiting for the verdict but as
the hours rolled BY and nothing was heard
from the jury room, they grew impatient and
at six O'clock about all except the two defend
ants had Left. During the evening the jury
called for supper, which was furnished. Up
to the hour of going to press they had not been
heard from, aud the probability is that they
will report this morning a disagreement.