Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-11-14
BlGELOW,S TRIAL.

The Case Submitted to the jury.
CLOSING ADDRESS OF TBs DISTRICT ATTORNEY
JUICE wYI1Es CHARGE TO TIE JuRY-HR DIS
CREDITS THE DEFENDANTS resrrNoSy-rur SNAIL
VALUE OF TESTIMONY As TO REPUTATION, &C
This morning, In the Criminal Court tJudge
"yHe,, The trial OF Benjamin F. Rigelow, formerly
receiving teller Of the National Bank OF the Repub
NC, on the charge OF enbeZZlement In May 1882
was resumed. Mr. Cook. for the defendant having
closed his argument TO the jury yesterday, had
some points OF law TO submit, and argued them at
some length.
Mr.. coREHIILs CLOSING ADDRESS
AT 11:1s Mr.. Corkhll commenced the closing for
the government. After referring 10 the defendant
as putting on the cloak OF religion he said the tes
lilnony showed that while the checks OF Mr. Ste
Vena We're themselves accounted for, the amount of
the 50 50 was missing, and argued that defendant
TOOK this amount.
Mr.. Corkhill closed at ll:5O and the court then
Instructed the jury
THE JUICES CHARGE
the court said that the Indictment was found
under section g act February 4th, 1873 which pre-
Scf1pes for enlightenment a punishment OF 5000 or
five years imprisonment or both. II they found
that the sum OF S2,1S9 was received by Bigelow II
was placed under his care and 1t remained under
in his TIL 1t was under his care Mr. stevens. who
was the principal witness, deposited the
checks and received credit in his pass
oook. and from that moment he was entitled to
credit The two checks themselves were not en-
DeNled, but placed In his till and subsequently,
turned over toanOther Officer 1t was the defend
ant s duty TO place on the spindle a certificate of
deposit. and to charge himself with the two cheeks
IL was admitted that the slip was not put on the
spindle, nor Was the amount charged on the blot
ter so at the close OF the day the checks were ia the
Till. The absence OF the charge for the amount ON
the books against Bigelow made it possible with
draw the amount from the drawer. IL somebody
stole the check and the amount from the drawer
the account would stand just as 1t had To make
the accounts stand correct it was necessary for
some one TO steal the money, 81, 1897 There was
possibility that some thief may have come in and
stolen the money and check, and there is evidences,
mat whoever he was he knew
THE IMPORTANCE OF TAKING BOTH
The defendant had testified that some person I'M
known to him, in his absence, must have come
there. taken the money and the Slip Why should
not a rat or mouse have done 1t? That was posi-
bllity H. the nature OF things II they believed his
testimony he ought to be acquitted
For the purpose OF strengthening their case the
pF4tecuton offered evidence OF other Transactions
or the same general character. This was allowed
by law for the purpose Of getting at the ntentthe
s s., This practice was proper, and throws
klnd OF admiration for the conduct of the defend
ant: 1t showed a confidence I'm his tnnocenre-that
Goa would somehow or other vndicate him. In a
general way Tire testimony was to the effect that
deposits were made and the books footed up and the
explanation OF tle discrepancies that the deposit
person whom the defendant did not know and
during MS absence. This seemed to have been a
common occurrence. 1t was remarkable, too, the
manner IN which the money had been restored,
sometimes In part and sometimes in whole. How
was that done: Would some other or the same un-
known person come In with that amount OF money
and say he had been instructed to hand il in, ii
Was always some one the defendant did not know.
Inc deposit slip on such occasions was always
IN THE DEFENDANTS HASpw!TISG.
That fact proved that he received the money re-
stored, but still he conl tell who ret urned the
money. From their knowledge of human nature il
they are enabled to reconcile these facts with his
explanation they should lind for defendant but IL
they md his statements unreasonable or incredi-
DE they should md Il verdi, u OF guilty Reasonable
douDt must be consistent. founded upon reason lie
had heard counsel argue that Ii any Imaginable
reason they could account tor ceTtaiu action they
must acnuit lie referred to the theory Of reaSoDa-
PIE DOUBT in the case OF Staw, and said
that some Juror might have imaginleu that
an aeToite had fallen and stuck her; but such a
,heofy was too Imaginary. Referring TO the evil
dence AS to good character he said ii should not
Wt:Sh IN Il case OF clear guilt. Reputation WAS
formed from the conduct Of the party from the sur
face, and often good reputation is obtained by bad
men IL was for them to make up heir minds as to
lhe quit or Innocence, and il they we're satisfied
as to guilt the prisoners good character should not
De considered The worst men i'll the world are
those VINO, under the garb OF sincerity, perpetrate
crime
The court took up the prayers, and said In expla-
nation OF the term conversion TO his own use
mat II ne TOOK the money ii was such conversion
lie sad that the mere fact OF being behind In his
ACCOUNTS Is no evidence OF embezzIenent and proof
OF The criminal intent is necessary before there can
DE IL conviction On the prayer relating 10 flight
DeinG no evidence OF guilt the court said 1t was
possible lh3t was true, but OF two men, The one
VINO STOOD his ground usually had the best chance
-. ne defendant excepted to a number Of points in
the charge.
THE JURY OUT.
Inc jury retired at l2 81.
After the jury retired quite large crowd OF pe0-
PIE waited patiently for the verdict The Jury iav-
ing been notified at 40 O'Clock that the court was
aoouI 20 adjourn sent down a request asking de-
lay 1or ten minutes. they discussing whether
they should ask further instructions
The Jury DO Not Agree.
THE COURT REFUSES TO DISCHARGE THEM
At OF the jury came in, and, having been called,
stated that they had not agreed upon verdict
and could not agree. .
The COurt.-''i intend that this jury shall agree
In Il case like this. after fair trial, cannot dis
charge you, and viii see that you have place to
Stay to night"
The jury asked leave to retire for a few minutes
more which Was granted, and then az ain lert the
ROOM