The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-03-17
TRIAL OF URQUHART.


| colonel
TRIAL OF URQUHART.
The Judges Charge and the Jury
Looked Up for the Might.
| The case OF David Uruuhart. accused Of hav.
| Ing. while president OF the New Orleans Bav.
inas Institution. embezzled $4,000 Of the banks
moner. was called for trial before tho superior
Criminal Court yesterday morning. A great
part Or the day was consumed In impanelina
jury. The following named Jurors were
finally obtained Jacob Fisher. Paul Heller
George W. Leslie. T. II. Toohv. W. =. Brunei
Vim. Graf. John x. Henaud. g. Friedman. A.
lsoisblane. O. J. Mcclellan, T. Fl. Porter. II.
Milbank. The case was then opened.
Mr.. Ohas. Kilshaw. treasurer OF the tnstitu-
tion. testified that on the eleventh Of February.
1879, Mr.. Urauhart drew check for 5000 on the
Savings Bank. and dep osited In payment there
Of draft on New York for $3.50 on Messrs.
Brown Bros. 4 Co.. OF New York. Mr.. Kilshaw
neglected to enter this amount on tho eleventh
To the credit Of Mr.. urQuhart. The next day
being dies non. the entry was not made until
the thirteenth. This IL why Mr.. Drquhart. on
the eleventh OF February had. according to the
books OF the bank. overdrawn his account
Mr.. Antoine Carriere. Col. Augustus Reiohard.
Adophe Bchreiber Eau. and MajorW. H.Apple-
gate. all we'll and favor known to and con-
nected with tho most important houses OF this
city, testified as to the general good character
or the prisoner ut the bar
Mr. Halsey. agent OF Brown Bros. b Co.. was
called. and testified that 1.-The draft was paid In
New York.
The case having been rested BY the State and
the defense. Mr.. Flnney. the dietrict attorney.
argued for tho State and WAS followed By Mr..
Gutenberg. OF counsel for Mr.. UrQuhsrt. AT I
o'clock tho Jury retired and q recess was taken
until o'clock In the evening.
THE CHARGE TO THE jury.
At half. past O'Clock Judge Whitaker ascend
ed the bench and delivered the following charge
to tho jury:
Accused Ia indicted for having, on February
president Of the New Orleans Savings Institu.
ton. BY virtue OF said ONCE feloniouSly appro-
priated to his own use certain money belonging
The prosecution - brought under section Of
an act Of the General Assembly OF this State. In
cooperating the institution referred to, ap-
BEc. i. Do Il further enacted. etc.. That any
trustee. officer or clerk. or agent Of the cor
Or to the use Of others. any money Or funds Or
effects. Of what kind soever. oe,onRtng 70 the
CORPORATION. shall BE- deemed guilty q felony"
be a felonious. appropriati2n. The statute
&. sssa S1y as =. sssTs
OF fraud should result from the oct compiained
e. e Tas & d2 ss
money belonging to the corporation was appro-
priated BY tho accused to his own use, did he
Intend such IN appropriation Has 1t been
proven that no appropriated to his own use any
81 the money. funds Or effects Of the corpora
tion2 ,..
the accused must be fully. proved. Neither. a
Of prepponderant evidence is sufileient for the
fact to the exclusion Of oil reasonable doubt.
The court cannot comment upon Or refer to
the testimony. The jury are Judges OF the facts
and they are the judges OF tho credibilty Of the
witnesses. They should not consider In deter
mining upon their verdict any OF me statements
science they believe to be untrue. but should be
guided In making up their verdict By those
Alter M. careful consideration believe to be- true
that ans d. uf they W are Beyond the control q
" Wis " the "a az time they viii heed the
verdict. and should give due respect to tho In
structions OF the court on the law.
penalty Imposed BY the law for, the. crime
charged, The only question for them to CON
Tie accused IL entitled to the benefit Of what is
termed the reasonable doubt:" that is, II after
q careful elaboration upon the credible testi-
mony IN the case and upon the law as OK
pounded by the court. they entertain reason
able. substantial, CONGREGATIONS doubt % tQ the
guilt OF the accused they must acaqit him n.
light doubt. y leaning preference or inclination
in the prisoners behalf; 1t IL the solid doubt
sse Ss5. Esferred to which alone can enure to
Al! the presumptions Ct law independent Of
s un
IR.oseG rssSssns6s aoaSt ssmsIn,Sso The se;
es aa Rt though streaa
arising from the doctrine Of chances that the
contrary: but the evidence must establish the
truth Of the fact to q reasonable and moral GER
tainty.a certainty that oonylnces and directs
s sehs H upon. IT,
Z to oe and Is
Rredtent which may render that doubtful
which would otherwise BE- clear.
In the case that the accused. at the time stated
In the Indictment. felontously appropriated to
his own use" the sum OF $4,000 or any part Of IT
ton. they must and the accused not guilty.
II. on the other hand. the jury are satisfied
from the evidence that the accused did 30 ap-
prOpriate funds Of the Savings Institution, they
must find him guilty.
Your verdict will be guilty or mot guilty"
The Jury retired to consult and at 10 o'clock
returned to court for further instructions. At
Ii o'clock the jury had not agreed. and the
court adjourned until 10 o'clock TO- day.
->%-
..M.... DIDN'T MEET.
A Joint caucus of the Democratic members of
the House and Senate was called for last night.
but there being no quorum present. no organ
izsd action was taken. The subject to be con-
sidered was the bill respecting registration and
elections, but about $780, there being no pros
meet for a quorum some Of the members left.
,1,o+r cd oil mfr conversation