The New Orleans daily Democrat., 1878-02-19

established the act of one of the parties is the
s of M IL M and 7o 5 s ba aSpips ba
United States this money charged TO have
durng ee t the consinuanee and R IN fartheranc i
Of the conspiracy, then his. act is tho
act Of all those whom you end from the
who are named in the Indictment. SO far
as the degree OF proof is concerned. 1t is the
duty of the prosecution to establish the case by
evidence which excludes q reasonable doubt Of
the guilt Of tho accused. but the doubt which
the prosecution must remove Is an actual and
specuiation Says one Of the most eminent Of
the American jurists: - 1t is not . mere possible
doubt. because everything relating to human
affairs depending upon moral evidenc, is open
to some possible or imaginary doubt: it is that
state OF the case which. after an enti compari-
son and consideration OF all the evidence. leaves
the minds Of the jurors in that condition that
they cannot say. with full and abiding convic.
tion to as the moral certainty OF the truth OF
tho ctargs."
The Importance Of the cuty which you, as
Jurors. have been called upon to discharge
when duly considered. can scarcely be over-es-
hnnd Would disappear much Of the @ seeupty cur Of
the citizen from the unjust and tyrannical forms
of investigation, and the cons equent imposition
of undeserved punishment. On tho other hand,
without the fearless consideration of causes by
juries. the government could not long admins
ter its Iminal laws and its power to protect all
would thus be seriously paraly2ed. Much,
therefore, not alone of the right of innocence
TO be protected, but OF the efficacy Of the law as
aprotective agency. rests in the Intelligence and
integrity with which Jurors render their vor-
diets.
Your verdict should not be the exponent Of
your sympathies, either for the government or
for the accused. but should be u conscientious
declaration of your judgment upon the evi-
dence as it has been adduced before you.
The reading ct the charge vas conci1Sled,
past twelve o'clock. and then came the
WAITING FOR THE VERDICT
The court room was well filed with friends of
the defendants. and especially those OF Henry
Peychaud. whose whole life has been spent in
this eomWunity, and whose record during all
that timeohas been such that those familiar
with his whole career deem it an honor to
th;emselveg to be remembered among hs hs
| innocence and triumphant acquitta expressed
hndDyet there was the intense interest and sub
dued excitement Wh1cn are ever present WheIe
| there is even q possible uncertainty us to the
r. suit.
| After an absence Of an hour and q half, the
| Jury came into the courtroom and asked for
| instruction. from the court as to the weight OF
| certain evidence pertainin ing to the Valade
| agreement with BOuchard and Bernard. The
| was 81 matter of fact as to Peyehau rs guilty
| knowledge in relation thereto, and as such was
IL matter entirely in the hands Of the jury, and
one upon which they alone must pass.
| The jury aga In retired. and the court took 9
recess recess to await the result Of their delibera
the assembled friends oothe defendants gath
cred in knots here and there in the court room
| or through the halls Of the building discussing
| the probabilities OF the verdict. the augury tt
| be drawn from the request Of the jury for in
| structions. or In visiting the accused with ex
| pressions of sympathy and cheerful hope.
| After an absence the second time OF about hal
| an hour the jury again filed into the court room
| followed by those who had left the room for th
| halls. AS they took their seats in the Jury boz
and their names were called. u silence OF cage
| expectation settled upon the assemblage, ant
every eye fastened upon the twelve men 80 sool
to pronounce the fnte of the accused. who ros
and faced them. AS the happy words.
| MOT GUILTY." @
fell from the lips Of Foreman Gofiila. IRE
pressible applause sprang from the hands an
feet Of the spectators which was Mt once sup
pressed by tho court. The court. however nd
iourned iTpmediately afterward. and the friend
Of the two1 linen gathered about to congratulate
them.
AS to Henry peychaud whose long life 3
unsullied honor. filled with those acts whic
make mems memories blessed and which ear
the love OF all good men, and who has SO lon
been unjusf1y pursued by the man who, wit
complacent smile, could swear to his own In
fanny, that he might strike ut one who had one
and again foiled him in his villainy; as t
Henry Peychaud. II that may be called an ova
tion, where strong mems tears speak rathe
than their words, then one was given to hin
for few reached his side with unshaken voice Q
undimmed eyes, and he was followed into tn
street and to his homo by those who are prou
to be called his friends. and his triump phan
vindieation will cause JOY to all who have eve
| known him.