Vicksburg weekly herald. (Vicksburg, Miss.) 1868-1883, 1878-05-17

AgAf - WHAA ~ VI NAH HaNN aGa 089AANMlt
and the cheat Who has defEauaed BE We
tin By 9 deBlgnad AID fraudulent nile
statement as 10 an exciting fact, should
not DO allowed to escape p~UaishmeHt Up.
on the ground that care and prudence
WOuld hSVe protected the party iEOn lie
Il may BE-, as saidby some Of the authorI.
Ties, that where the cAFeleBahesa Is 30 gross
that the law will impute CONSENT % the
ssileI, no guilt would be ihenrred--Te
wharton Am. Or. law, sections a,l82-e-3Q'
81. Norton We. Commonwealth, II Allen
&. The tenth Instruction asked BY the de-.
Gehdant annOunces IN substance that no
dOJvlOtion can be had II . part Of the
statements made were true, and a,part
false, unless the jury believe from the tes-
timOny that the goods we're sold In relt.
ance up8H those which were false, and
without any reliance upon those which
were true; or In other words, that
the credit must have been extended
upon the faith Of the false statements, un!
affected and unalded by the trueOne. The
eleventh instruction declares, that while
the indictment may be sustained BIZ proof
OF the falsity OF one only OF several state
mepts, that tnis ID only so where the state.
ments are OF disconnected, independents
facts, and the false statement thus indie
pendent Of and disconnected with the
others, 10 exclusively relied upon Ia the
transfer OF the goods. Neither Of these In
struCtiOns ls supported BY reason or WE'LL
reasoned decisions, though there are dic.d
In the books, which seem TO lend come
cOuntenance to them. 1t 10 rare that
cheats content themselves with q single
false statement Of an isolated fact, and
stllt rarer, perhaps, tina. they fail 10 weave
soma element Of truth into thelr fraudH-
lent devices. The tInge Of truth gives
color and curren y t. the lie, and thereby
more readily entraps the person sought 10
DO deiraudsd. II would be absurd TO cay
that the single truth should sanctifV the
Halseh0Od, and thus make tho element,
which by itB pres nee In such q connection,
was most dangerous, saVethe falslher from
al punishment II ia equally l~rrAtionaltQ
require that the falsehpOd should have
been - TIA fact disconnected with the true
statement, and that the credit should have
been based exclusively upon II. Though
truth and ialSehoOd may Be blended most
.dunuibgly together, aud both combined
may have induced the seller 70 part with
his goods, yet II II appears that but for the
fAlhehODd he would not have done 90, this
ID sufficient. .t-
That the seller may IN fact have acted
upon both, will not rave the accused II be
would not have so acted but for the false
hood. In other words, 1t ls not necessary
that the credit should have been given
solely or exclusively upon the false pre-
tense, but only that 1t should have been
one Ofthe material aud controlling c0nsld.
eratlons, without which the goods would
not have been sold. Wherever the proof
comes up TO thiS requirement II caa make
no difference whether the %falsehO0d 10 con.
nected with the statement Of q fact partly
true or relates 10 one wholly false. II 10 TO
ne remarked, however, that In this ease
there was Ia fact no connection between
the statements as TO the crop acd those 20
lating 10 the trading and the Indebtedness.
In his examination Ia chief, the seller OF
the goods testified tina. he acted upon all
the representations made, OF which those
relative TO the crop, must, as we have seen,
be left out OF view, Be ng asked, upon
crosse aminati0n, whether he would
have sold the goods upon the faith OF the
state ent about the cropB, even II he had
been told that the accused was in debt, he
replied that this would have depended,
upon the a Mount OF the debts AID the per
sons ~ whom due. Counsel insist trat thit
answer shows that he sold 10 reliance
upon the crop', and that the fact Of In
d%ebtedness or on-indebledness was no
mat rial. On me contrary, II only show
that the crnp was a part oTthe Ind cement
and while It might, Of itself, have beer
sufficient TO hAye procured tn
credit, IL the debts had beel
small, and not owing to mel
chants, who would compete will
the pFosec tors Tor the handling o
the crop, Il 10 manifest that the false state
meut actually made as 70 the amount ant
character Of the debts. entered into the ex
tension Of credit. The zane may be sait
with reference to the false statement tina
the accused was not trading elsewhere
v hitch seems to have fOrmei quite an i'm
portant factor Ia the matter, as indeed |
usually does In transactions like this; Ant
as TO this no qualifying expressions wer'
extracted from the witness.
we perceive NO error in the record
wherefore the judgment Is affirmed
CHALMERS, j.