Los Angeles herald., 1890-11-19
Edelman Jurymen Struggle
With a Technicality.,
Judge Wade Again Instructs to
Acquit Edelman,
But the Jury Has Good Every Day
Horse Sense.
They Fail to Agree-The Judges Points
Such as They Are-The Defendant
Not Asked to Renew
His Bond.

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superior court is now ready for busi-
ness" the judge ordered the jurors in
the Edelman case brought into court. A
good nights rest in a Spring-street
lodging house had in nowise taken the
stubborness and good horse-sense out of
them, and most of them were very will
ing to convict young Edelman on the
testimony, without reference to Judge
Wade's astonishing charge to them on
the preceding afternoon.
The court now directed counsel to ar
que the case. 1t will be noticed that no
evidence was at any time during the
trial introduced by the defense. Why
the court should have wished the case
argued when it was we'll known that he
intended to again instruct the jury to
acquit, is a conundrum not easy OF solu-
ton. What business could the tales
men possibly have with arguments when
the court intended to knock them out
by directing the jurors to pay no atten-
ton to the lawyers talk, but that they
must do as he said.
When the arguments closed Judge
Wade refused to deliver the written in
structions prepared by counsel on both
sides. He charged rhe jury as follows
"a number of instructions that have
been asked by counsel / will glance
through, and endeavor to charge the
jury with the substance OF them SO far as
l and them applicable to the testimony
in the case. For the purpose of the case
they may all be regarded as refused but
l think they will in the main be covered
by other instructions. Gentlemen of the
jury, when this case was submitted to
you at the close of the testimony for the
people, it was under merely the advice
of the court. Under that advice, there
was but one kind OF verdict you could
render; and that would be verdict of
acquittal, for the reason that the defense
had not at that time placed their case in
your hands. Now they have, and the
matter stands upon slightly different
basis, but there has been no additional
evidence introduced. Singular as it may
appear to you, gentlemen of the Jury,
neither the court nor the jury are here
for the purpose of going upon tour of
investigation for the purpose of ascer-
tanning whether crime has been COM
mitted, nor OF determining whether or
not the defendant who appears here
before you has been guilty of a crime.
However much we might desire to purge
the state Of criminals, or punish some
body for crimes that we believe to have
been committed, under the law both the
jury and the court are confined within
very narrow limits. The limitations are
prescribed for the court and the iurv
alike.
"ihe section of the code under which
this defendant should be punished, if
at all, is as follows: Every person
who, with intent to defraud, presents
for allowance or for payment to any state
board or officer, or to any county, town,
city, ward or village board or officer,
authorized to allow or pay the same if
genuine, any false or fraudulent claim,
bill, account, voucher or writing, is
guilty Of felony
"If the defendant were guilty of all
the crimes in the decalogue, and is not
guilty of the crime charged in that Sec
ton, for the purpose of this action, he is
not guilty. The jury is not called upon
they called upon to establish his char
acter. They are simply called upon to
determine whether or not he is guilty of
the offense charged within the limits of
this section.
"And, although you might believe from
the evidence that he has been guilty of
presenting fraudulent claim for allow
ance, you could not find him guilty
under that section, although that is one
of the crimes that is there mentioned,
for the reason that he is not here
charged with that crime. Please bear
that in mind.
THE only purpose for which any evil
dence was introduced, or could be intro
duced in this case by the people, of any
fraudulent issue or any conduct of the
defendant in connection with the fraud
ulent issue Of the paper which it is al
legged has been presented to the county
treasurer, is for the purpose OF showing
his knowledge of its character. And, so
far as that goes, it is immaterial to YOU
whether or not that was regularly issued
if, as a matter Of fact, it was fraudulent
ly issued with his knowledge, and you
go believe from the evidence. So far as
that branch of the case is concerned,
that is simply to fix upon him knowl-
edge so as to show that, if he presented
this instrument, he presented it know
ing 1t to be false, and, consequently, with
intent to commit the crime.
"There is another clause in the charge
in addition to that embraced within the
beCIlon Iuat nave just reaQ to you.
That he caused to be presented That
you are to utterly disregard, because the
law does not make it felony for him to
cause it to be done. Understand that
within the meaning OF the law he must
actually present it by himself or by an
agent who presents it for him. and not
otherwise; or he must actively aid and
abet the presentation of the claim.
There is no evidence before the court at
all of any aiding or abetting in this case,
saving and excepting the evidence that
is offered by the people of the fact that
he ewas concerned in its fraudulent issue :;
that is, that he wrote the names on the
list. And that is no evidence that you
could take into consideration at all of
aiding and abetting this particular act
That is not what the law means by aid
ing and abetting-where a person is
merely concerned with the remote causes
of the actin that sense.
"You are not to take into considera-
ton in deliberating upon your verdict
any evidence that was stricken out by
the court; any evidence of any connec-
ton with other acts of issuing fraudu-
lent warrants that was offered bv the
people and discussed in your presence,
some OF which were admitted for the
time being and subsequently stricken