The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1878-02-08
THE RETURNING BOARD.
ANBEMsoN's AGONY OVER.
Tlae Jury Bring In n Verdict of entity
Against the Prisoner.

| The accused, Thos- @. Anderson is charged
with having, In the city Of New Orleans, on
the fourth of December, 1876, falsely and
feloniously uttered and published as true a
certain altered, false, forged and cotmterfeFtel
Isslblie record knowing the same to, be false,
altered, forged and coanterfeitetl, with intent
to injure and defralid. The record referred to
is the consolidated statement OF votes OF shs
parish of Vernon the votes alluded TO being
the votes cast In that parish for presidential
electors at the general election OF November
7, 1876
The information Is based upon section 1888 OF
| the Revised Statutes Of Louisiana. BY that
ksection 1t Is provided that whoever shalI pub
| lish as true any false altered forged or eolln-
terfeited public record, knowing the same to
be false, altered, forged or eounterfeites, with
intent to injure or defraud any person. or any
| body polite or corporate, shall, on conviction,
| be punished by Imprisonment at hard labor
Tor not less than two nor more than fourteen
You have listened patiently to the evidence
you have paid due attention to the arguments
of counsel. 1t remains for the court to afford
! you instrue lion as to the law applicable to the
issue. Under the system OF Jurisprudence
prevailing n this State the jury is, judge OF
law and OF fact, basb it is presumed that the
jury will heed the instructions of the court as
to the law, although it is beyond the control
of the court as to he making OF its verdict
| The attorneys for the defense have pre-
| sented several requests TO charge. The State
has not rendered any such requests. The
| points presented by the defense are as follows ::
We respectfully request the court TO charge
the jury MS follows.
| !. The accused being charged with having
| falsely and feloniously uttered and published
as true O certain altered, false, forged and
| counterfeited public record to wit: the returns
of the parish OF Vernon. Of an election held
for presidential electors in the State, Of
Louisiana ON the seventh day OF November,
| A. d. 1876 which altered, false, forged and
counterfeited public record is charged to
have been "the original returns OF said cleo
| ton made by the supervisor Of registration
for the parish of Vernon" it was incumbent
original returns of said election, made by said
supervisor Of registration, were made out in
strict conformity to the requirements Of the
statute. prescribing the duties OF The regis
trars of thu parishes of this State.
2. That If the jury find from an inspection
OF the said return of said election made by
said supervisor OF registration, and by him
! transmitted to the Secretary OF State OF Lou
| isiana, 1t was not authenticated and verified as
correct by the certificate Of VIM. H. Smart,
| clerk OF the district court for the parish OF
| Vernon with the seal OF his. office thereto at
| taehed, 1t is not an official document, which as
such would form the basis Of q forgery, as
charged in the bill of information.
| 3. That apublic record isa written instrument
made by public officer authorized by law to
perform that function, and intended TO
SERVE AS EVIDENCE
Of something written, said or done; that II the
jury find that the original return ON file as
evidence in the case before them and which
, the supervisor of registration for the parish
| OF Vernon OF the election OF said parish,
| which was held on the seventh of November,
1876, does not bear upon it the official certif
cate of VIM. H. Smart, clerk OF the dis
trict court in the parish, Of Vernon,
the seal Of said court, it is not public re-
cord In the sense OF and as required by
law, and that it would not be receivable
in evidence Of anything written. said or
done, and therefore Is not basis for charge
FORGERY
4, That If the Jury lind from the terms Of the
law, defining prescribing and regulating the
duties ot the returning officers they were re-
compare evidence and testimony of any kind
and to decide thereon in any matter affecting
the legality OF votes cast, OF re-
turns made thereof by the commissioners
of said election, such functions are n their
under an oath Of Office cannet be inquired
into in this form of proceeding.
s. That the burthen OF proof as to the guilty
knowledge OF the accused Is on the State. :.
v.
legal guilt from circsDnstnntat facts, must be
absolutely Incompatible with the innocence OF
the accused and incapable Of explanation upon
ana oiher reasonable hypothesis than OF his
guilt!
I. That If there be any reasonable doubt as to
the rpnlity Of the connection Of the circum-
stances OF evidence with the fact to be proved,
or as TO the competency Of the proof, or as to
the prOper conclusion to be drawn from the
evidence the jury should acqnit.
The following Instructions are ypSDPGtfukIy
requested on fsbalf of the defendant:
g. That the act mo. 98) Of the General AS
sembly of November 20, 1879, section 43, prta
vides, that it shall be the duty OF the supefG
vsors OF registration, within twenty-four
hours after the receipt of all the returns for
the different polling places to consolidate
such returns to be certified as correct by the
clerk Of the district court
o. That the certificate required by section 43
OF the above statute was a voucher or testi-
mony Of certain facts stated in writing and
legally authenticated by the clerk aforesaid.
10. Where an act is OF the essence OF the
thing required by a law or where it is essen
tial to accomplish the object and extent of the
law, it is Imperative, and cannot be dispensed
with.
clerk to the consolidated statement Of the
supervisor Of registration was q matter re-
qnired by positive enactment Of law, for the
| purpose Of operating as q check or control
over the action OF said supervisor OF regis
| tTaLlOn, anu Ill LDe jury DoleVe GllS 10 nave
been the purpose Of the law, then and in that
case the omission is fatal, and diyests the
document Of its character Of being public
record In the sense and description contained
| In the information.
| IL. If the jury believe that the document
marked az is wanting in any OF the essential
ingredients necessary to constitute public
record In the sense and within the description
contained in the information, then and in that
case said document cannot be made the sub
ject OF forgery.
The court has gone through all the matters
presented fSr it's consideration by the counsel
Tor the defense. The questions for you to de-
eide under the law and in view Of the evil
/ dence are very few:
]. As to the publication To alter, in the
criminal law, is to offer; to publish counter
felt note is to assert and declare directly OF
indirectly, by w word =. or r actions, that
that it should be passed in order to
complete the offense of altering. It
seems that reading out q document, although
the party refuses to show, is sufficient ut
tering. Uttering Or publishing document is
4 declaration that it Is good, with an inten.
.,ffa ts. Cbo