The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-13
orv hovlnc knowledge Of the forgery is a pub

- consolidated statement OF votes, parish ni |
Vernon" ia in evidence. Is II public record |
The third charge naked for the defence reads: |
That public record is written instrument
made bv public officer authorized by law to
perform that junction. and intended to serve az
evidence Of something written, said or Zone
That is good law The first charge desired Dy
formity 10 the directing provisions of tho stat
ute Is not requisite tu make n document adj
missihlc in evidence. and the absence oi mere
forninlities will not divert u paper Of character
a. u public record. when the essentials OF the
law hay. been complied with, what was thf
object Of the law in requiring the consolldai,d
statement To preserve Tor reference III III"
archives of the State the state 81 the who'll, voi,
in every parish: to give the Returning Boari
an opportunity to check oil the Commissioners,
statements Scnt IN from each poll 3i ia. s'Vrta!
pnrisfnc , WIS tns .1n n, la, AMI MAS
it sworn to by him Mn- Z, received, used. 9ni
filed rs y. public record Is it now pubic
record You have the evidence before you Oh
SUBJECT FOR FORGERY.
Tho second charge asked for is that this con.
sohdatcd return not being an oll'la u'sr ri.nry
as charged in the information b"i"rc thu ,"uir,
II the jury finds from N, 'Nid'hr' UNI smt n
Tor forgery. The part OF the third charge ASKED
for. not already referred to by we court T. ~
repc.ition Of the second charge rrpu'Slru' u II
cl1i,nrd that ns the paper docs not bear the cor
tifcntr Of the clerk Of the District Court and the
senl 81 the court, 1t il not public record. not
rc"niynble in evidence and not 4 basis for the
charge vt forgery. The Court nus PASSED on
these questions and refuses 10 instruct tho Jury
as I" the fourth request II the defence the
Court is Of the opinion that the returning OIL
Gers If the State were not judges. and that no
act OF the State Legis ature could make them So
The opinions of the lato supreme Court are re-
ferrcd to A. being adverse to this view: but
ihnre can Le no doIil that such nm intcrprcta-
tion Of the law would bo directly opposed to
both the Spirit and the letter " our Constitu
ton which instrument vests in the courts uu-
ihurized 10y II all Judicial power. and prohibits
its exercise 10y any one else. except in the case
of certain mag strutcs exercising police luris-
diction. Discretion must b. used 10y every pub
lie functionary. whether he bc constable or
Governor; hut the necessary exercise OF diScrc-
ton 10y public tunctionafy does not .nNclop
him with the Judicial crminc, ana - cloak his
possible crimes from public justice. This charge
must h" denied.
The nth Charge applied for is that the bur
den OF proof rs to the guilty knowledge ofthe
accused Is on the state. The Court. so charges;
fdcie case IL made out by the state. The de-
! fence requests the Court to charge:
Sixthly-That in order to Justify the influence
/ of legal guilt from circum-tantial evidence. the
| existence of eNculpatory facts must be Hbso-
lutely incompatible with the Innocence OF the
accused. and incapable of explanation upon
| any other reasonable hypothesis than that of
his guilt The Court SO instructs the jury;
The seventh charge desired l. in accord with
| the law upon the reasonable doubt. which will
| be alluded 10 further on.
The eighth charge asked for rccites the words
| Of the statute and il granted.
| The ninth request which defines what the
charges the Jury in accor,ian.e thcrrwith.
The tenth request states Tn" law fairy:
| Where un act IL OF the essence Of the thing
required 10y law or whore II il essential TO no.
complish the object aud intent of the law. II is
imperative and cannot be dispensed with. But
the making of the certificate OF the clerk Of the
District Court is not OF the csscnc" Of the thing
required by the. election law OF ls73-ihc max
| ing If the consolidated return uf the vote OF the
election OF the parish. The object Of the law In
thnt regard was To- secure an authentic record
Of the vote east 10 inform the returning officers
NJ hn piblip aud Ia pp u ma "a
! Could that object 70" accomplished without the
Formally Of Impending the ccrtiiieatc Il SO:
the certificate Of the Clerk of tue District Court
was not essential TO accomplish the object and
! intent Of the law.
The Court gives the jury the charge request
ed by the counsel for the defence in their elev-
| cnth application. but with the comment that tho
Court does not think that the law authorizes the
position that the omission of the clerk c"rtifl-
cate * fatal. divesting the consolidated return
Of n character OF public record in the sense OF
tho language OF the information.
The twelfth charge desired 10y the defence il
given in toiidem rejis. 1t is for the Jury TO say
whether the document marked /" IS wanting
in the essentials to make public record With
this direction the Court gives 10 the Jury the
charges requested under the numbers thirteen
Requests fifteen. sixteen. md seventeen seem
to IA" Court 10 be- unnecessary. Numhcr fifteen
stats s9rresy me pnrr@ ,h n par 9t ,h h
law does not cover the issue here.
THE LATE KETURSISG BOARD.
Numbers sixteen and seventeen are good def
| lllllIN OF w. lfLhl sikuil'tif' ~ tIl' hllii
has already laid before you its understands.
Of the nature OF tho functions ot thr member
, 81 the late Returning Board. In the opinion o
the Court. as already stated the niemhers Of th
Returning Board Were not judicial officers. an'
the eighteenth charge applied for with refer
ence 10 their privileges, immunities and liabili
ties rs part Of the judiciary OF the Stnte mus
b. denied. The nineteenth charge requested d
good law; II is for the jury TO say, in the light o
the law and considering the evidence, whcthe
document be invalid or void on Its .ace.'
hA 81 In N lp AnT
terms rs To request No. ~. The twenty frs
charge ked for IS a correct statement OF law
and may be considered by the jury in connnc
ton with the instruction. already given. Tn
Court gives Won the twenty second charge, hl
made the members Of the Returning Board ~
dicial officers II was So far uncOnstltutu na
and violated the letter rs well us the spirit u
the fundamental law.
The twrnty-third request is acceded 10 10y III
Court. and the Jury Is charged in accordan'
thcr.wih, The proposition submitted IN "a
the course OF the examination Of the charg
! against the prisoner any faet or circnmstaanr
brought 10 the knowledge of tine jury m
which might be explained 10y the accused. bt
, remains unexplained, then the Jury may con
of his inability 10 explain. The tweniy.hit
charge the Court cannot give az requested, b,
, submits this rs the law applicable To tins case
the declarations, acts, ana oihtr proceeding
Of the Returning Board are Legitimate matte
l for consideration. in determining whether G.
satisfied from the testimony that all the men
. bers did engage in n conspiracy. then the dc
clarations acts. and proceedings OF any on
member ought 10 be- taken rs the declaration
. acts aud proceedings Of all and Is evidence
: criminate those with whom he co6prrnted.
Nor is IL necessary that the TACT 81 cOnsp iraC
! | be proved; II may be collected from other eli
! | cumstanceS.
The Court has thus gone through all the MAJ
| tors presented for its consideration blythe coul
y | sci for the defence. The questions for you
decide under the law and in view Of the ev
! ! dcnce are very few
I As to the publcation-To utter. in the erin
2 inal law Is Ia Offer to publish. To utter an
| publish n counterfeit note il 10 assent and d
I clare. directly or indirectly. by word or action
that the note IL good. II is not necessary that
70 should be- passed in order TO complete the o
fence of uttrrlng.
, Il seems that reading out q document q
% though the party refuses 10 show II. II sun
e cient utterng. Titering or publishing docl
ment is n declaration that il Is good. with an II
tcntiOn 10 pass. or an offer TO pass II. OF
forged or altered document or check the pas
+ ing or rendering 10 an agent by party hayli
i knowledge Of the forgery. il publishing OF q
= document by such party. and the declaration
= such clerk or agent that the forged document
2 good is likewise publication for winch u
: principal is responsible. The deposit OF
|. forged or altered document by person knoN
j ing ts character AT hetime III au once or oth
y depository fixed by law, II an utterlnE ana pu
lNaAl