Evening star. [volume] (Washington, D.C.) 1854-1972, 1883-11-14
BlGELOW,S TRIAL.
Ine Ca9e Subnlitted 10 the Iurr

The Case Submitted to the jury.
CLOSING ADDRESS OF THs DISTRICT ATTORNEY
JUDGE wYLIEs CHARGE TO THE JuKY-HR DIS
CREDITS THE DEFENpANTe TEsTrMoNY-rHK SMALL
VALUE OF TESTIMONY As TO REPUTATION, &C
This morning, In the Criminal Court tJudce
"yle) the trial OF Benjamin f. Riyelow. formerly
receiving teller OF the National Bank OF the Repub-
NC on the charge OF ENLIGHTENMENT in May 1882
was resumed MI Cook, for the defendant, having
closed his argument TO the jury yesterday. had
some some points OF law to submit, and argued them at
some length
Mr.. CoREHILI!s CLOSING ADDRESS
tll:ls Mr.. C0rkhill commenced the closing for
the government After referring to the defendant
as putting on the cloak OF religion he said the tes-
INnony showed that while the checks OF Mr. Sic
'eha We're themselves accounted for, the amount OF
the y ls9 was missing, and argued that defendant
tooh THIS amount
Mr.. C0rkhill closed at 1I.,O and the conr+ than
instructed the jury.
THE JUDGES CHARGE
The court said that the Indictment WIS found
under section 2, act February 4th 1873 which pre-
Scr1beS for embezlement punishment of a ooo or
i've years imprisonment or both. II they found
that the sum OF s.. 1S9 was received by Bigeow II
was placed under his care and it remained under
his care till turned over to the proper officer and If
In his TIL 1t was under his care Mir. stevens who
was the principal witness, deposited the
book. and from that moment he was entitled to
credit The two checks themselves were not en-
peeled, but placed in his till and subsequently
turned over to another officer 1t was the defend
ants duty TO place on the spindle certIficate Of
deposit, and to charge himself with the two checks
~ was ADMITTED That the slip was not put on the
Spihue, nor was the amount charged on the blot
Ter SO at the close OF The day the checks were In the
uil. Inc absence OF the charge for the amount on
Inc DOCKS against BiSeiOw made il possible to with
Draw the amount from the drawer. Ii somebody
stole the check and the amount from the drawer
tne account would stand Just as 1t had To make
Tue accounts stand correct it was necessary for
some one to steal the money, az, 1897 There was
possibility that some thief may have come In and
stolen the money and check, and there is evidence
mat whoever he was he knew
THE IMPORTANCE OF TAKING BOTH.
The defendant had testified that some person I'M
known 10 him, In his absence, must have come
there, taken the money and the Slip. Why should
not rat Or mouse have done It? That was posi-
billy H. the nature OF things. they believed his
testimony he ought to be acquitted.
For the purpose OF strengthening their case the
prosecution offered evidence OF other transactions
OF the same general character. This was allowed
by law for the purpose OF getting the in,ent-the
scheme. This practice was proper, and throws
light upon the subject. He had been struck with a
klid or admiration for the conduct of the defend
ant IL showed confidence In his tnnocence-that
Gou 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
eXplahatO ion OF the discrepancies that the deposit
sips ana money must have been taken bv some
person whom the defendant did not know and
during his 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 mat done: Would some otllerO the same IN
known person come In With that amount OF money
ana say he had been instructed to hand il in, 1t
was always some one the defendant did not know
Inc deposit sip on SUCH occasions Was always
IN THE DEFENDANTS HANDwITING
That fact proved that he received the money re-
stored but still he could not tell who returned 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 II
they md his statements unreasonable or incredi-
bic they should find Il verdi t OF guilty. Reasonable
doubt must be consistent. founded upon reason. He
had heard counsel argue that Ii on any Imaginable
!e,!1oh ,tN c"nla account Tor ceftaiu action they
must ac1uiL lie referred to the theory Of reaSona-
Die doubt in the case OF Shaw. and said
.aAt some Juror might have imaginged that
theory was too Imaginary. Referring to the evil
deice AS to good Character. he said ii should not
wesh IN case or clear guilt. Reputation was
Formed from the conduct of the party from the sur
Lace and often good reputation is obtained by bad
men II was for them To make p titeir minds as to
ane gut or Innocence, and il they were satisfied
as TO guilt the prisoners good character should not
De considered The worst men in the world are
crime.
he court took up the prayers. and said in expla-
naIon or the term conversion to his own use
tnat II ne took the money ii such conversion.
lie SAID that the mere fact of being behind In his
accounts Is 40 evidence Of enbezzlefent and proof
OF Inc criminal intent Il necessary before there can
De IA conviction. On the prayer relating 10 flight
Delng no evidence OF guilt the court said it was
possible That was true. but OF two men, The one
VINO stood his ground usually had the best chance.
.. he de1endSLt excepted TO a number OF points In
the charge.
THE JURY OUT.
The jury retired at I2 81
After the jury retired quite a large crowd of pco-
PIE waited patiently for the verdict The Jury hav-
ing been notified at 40 O'Clock that the court was
ABOUT 20 adjourn sent down request asking de
lay 1or Ten Minute they discussing whether
they should ask further instructions.
The Jury DO Not Agree.
THE COURT REFUSES TO DISCHARGE THEM
At 07 the jury came in, and. having been called
stated that they had not agreed upon verdict,
and could not agree
The Court intend that this jury shall agree
In 4 case like this. after fair trial, cannot dis
charge you. and Will 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 again LETT the
room
LATER.