Lexington weekly intelligencer. (Lexington, Mo.) 1871-1887, 1879-03-08

OF the defendant on account of a deposit, by him
IN said Mastin Bank. Of certain moneys belong
ing TO the state and held by him, the defendant,
as state treasurer, and over which he then and
tnere mad supervision and control by virtue of
MS said office Of state treasurer, then they. the
jury. Will find the defendant guilty, as charged
in the Indictment, and assess his punishment at
imprisonment in The penitentiary atnot less than
Two years. or by II fine at not less than 1--we hun
secopd-li the jury shall believe from the evil
dence that the defendant at any time within
three years next before the finding of the indict-
ment was state treasurer, and deposited in the
Mastin Bank. in jackson county, public moneys
winch belonged to the state, and over which he
had control as such officer, and that the said
Muslin Bank by reason or on account of said
deposit or as interest thereon paid or caused to
Mastin Bank, said sum of seventeen thousand
and sixty-three dollars, or any part thereof, by
the direction or with the knowledge ofdefendhnt
paid or placed to the credit OF said Burnes &
20. or that defendant approved and consented
guilty and assess his punishment as directed in
the drst instructions for the state.
case the jury have reasonable doubt of the de-
fendant's guilt, they will acquit such doubt; to
authorize an acquittal there must be a substan-
tial doubt touching defendants guilt, and not q
mere possibility of his innocence.
1NsThCcTIoNs FOR DEFENsE.
First-The court instructs the jury that the de-
iendlant Is presumed to be innocent. and the
burden of the proof rests upon the prosecution
70 satisfy the jury. beyond u reasonable doubt
that the defendant is guilty In manner and form
as charged in the indictment.
Seconi-ln forming their verdict the jury will
not be Influenced by rumor or suspicion, but
must be governed by the evidence s unlimited in
the trial.
Third-Unless the jury are 'satIaned by the
evidence beyond a reasonable doubt that the de-
Mastin Bank for the deposit by HIM with said
bank, OF money belonging to the state, and over
which defendant had control as state treasurer.
they will lind him not guilty on the first count
In the Indictment.
Fourth-The jury will acquit the defendant on
the second count In the Indictment unless they
are satisfied from the evidence and beyond q
doubt, that defendant received from the Mastin
sank ~ 9ss. ne same having been paid to
Bank of certain money belonging to the state of
Missouri, and under the control of defendant
as state treasurer, and the Jury must be satisfied
not only that said amount OF money was held by
said payment was for use and benefit Of defend
ant. ana with his kno Wedge and consent.
Fifh-1n forming the verdict tie jury disrs.
CARDS all benefit or advantage which the de-
iendant might have received for his deposits a.
state treasurer in the MRstin Bank as charged
In the Indictment,
sixth-The court instructs the jury that before
In the Indictment, they must be satisfied that he
actually received the sum of $l7, O63 as interest
upon the money OF the state, by him deposited
Win the Mastin Bank; and no Agreement or I'M
derstanding; or contract between whom made,
that defendant should have or receive said
money, Is sufficient to convict, unless defendan M
also received the same.
seventh-The Jury can not find the defendant
guilty upon circumstantial evidence, unless Inc
circumstances in evidence be such AZ to exclude
any other conclusion than that defendant re-
dictment.
kIghth-If the jury believe from the evidence.
that during August or September, 1877, or about
that time. 1t was agreed between James n.
Burnes and the Mastin Bank, acting through
john }. Msstin, the cashier or Thos. H. Mas
TN, assistant cashier thereof, or either OF them. |
that the Mastin Bank would pay interest to the
hrm Of B9rnes & Co, upon the amount of the
deposit OF the state treasurer IN said bank, and
that afterwardsr during the months of October.
December, 1871, and January Feb
ruary, March and April, 1878, the said Burnes |
4 Co; drew checks. from time to time. upon
ment. and intending the same to be on account
or said interest. and that said MastIn Bank paid !
said checks when presented, and that said John
Mastin and Thomas H.; Mastin knew at the
time OF such payments that said checks were |
drawn by said Burnes & Co., on account of said |
interest and In pursuance of said agreement and |
SO caused said checks to be paid with |
out objection. then such payment Of the interest
agreed upon, are not overdrafts of said Burnes
q Co, and the said Mastin Bank had no right TO
charge the sam Us overdraits or to claim that
they are such.