Telegram-herald., 1890-04-07
A NOTABLE CHARGE
Made by Judge seyerens II the
Reid Case.
THE JURY FINDS DR.. REID GULLY
They Dsitberats Bat fise Nfnotes-rne
Cransea 10 PEePars Tor APPiiesAasn
for New Trial - Bail flIea at
Fifteen Hundred DsIiars

the United states Court opened oAtAI-
day morning, Judge Severens delivered
bis charge 10 the jury, which ls as fol-
lows:
Gentlemen of the Jury-The indict-
ment IA this case, IN several counts
charges what, for practical purposes,
may De regarded as substantially the
same Offense.
The substance Of the charge IS that
the defendant, having oontrived d
scheme 10 defraud the public, en-
ployed the mails of the United States
in the prosecution of that scheme.
That, shortly stated, is the substance OF
the offence with which the defendant
Is charged. There is a statute OF the
United States upon which this lndict-
ment is framed, which IN effect, makes
the use OF the United States mails IN
turtherance of scheme 10 defraud
previously formed by the party go using
the mails, an offence. The policy be-
ing, 10 prevent the facilities afforded by
our postal arrangements, from beng
employed IN uses whicn are preJudlclal
70 the interests of the public.
The defendant III TINS case POUNDS his
defence upon the claim, as urged by his
counsel, that this was not scheme 10
defraud. In order TO lay the founda-
ton, and 10 establish the first ground
OF the accusation contained In this IN
dictment, as the jury Will see from what
the court has just said, il is necessary
that the scheme should be fraudulent
and, secondly, that the mail should be
used IN the prosecution of that scheme.
The question OF fact is, upon this first
head, what was the intention, or more
precisely, what was the belief of the de-
fendant as 10 his capacity or power 10
get answers TO questions contained IN
sealed letters from the spirits of the de-
parted.
Now, gentlemen, every man has
an absolute right TO believe what he
will. 1t Is phase of religious privilege
which is guaranteed by the fundamen-
tai law of the land to every citizen.
This right of belief and the right of as
sociatlon for It's promulgation is COM
plete, and the party holding any belief
may engage IN any practice founded
upon 1t unless he thereby INJURIES the
peace and welfare of the public. A
man may not carry his belief into con-
duct which is injurious TO the public
and contrary TO law. This is distinc-
ton of great importance in view of the
guarantee of religious freedom and of
opinion in all matters of belief which is
secured by the constitutions of the sew
eral States, and in large measure by the
constitution of the United States. Ii is
the difference between belief and ac-
ton, of opinion and conduct, IN practi-
cal matters. If man carries his be-
lief into a practice or business involv-
ing fraud, and known by him 10 be
such, he is liable TO be dealt with by
the law, and If he also uses the mails 20
promote such business, he IS liable to
indictment and punishment in the
courts of the United States. The inter
estS of society require that every mans
conduct should conform TO the law;
and while II protects him IN his free
dom of opinion and belief IN all rclig-
ious or spiritual matters, it will not per-
NIT him, under the guise of that belief,
TO do a thing which the laws of the
country condemn. To permit this Ito
employ the language of the Supreme
Court of the United States IN dealing
with an analogous question: would be
to make the professed doctrines of re-
ligiOus belief superior TO the law of the
land, and in effect to permit every citi
zen to become a law unto himself.
There could be no government under
such circumstances, and 1t could not be
tolerated.
Upon the question whether there's an
intent to devise a scheme TO defraud, the
rule is this: If the scheme be adapted
in its plan to work a fraud upon others,
and the defendant knew that a mater
ial representation therein contained,
and calculated to deceive, was not true,
or If he did not believe that il was true,
then the intent Is made out. So, that
the material question here is, did the
defendant devise his scheme or busl-
ness IN good faith? Did he believe that
he could obtain answers to sealed let
ters from the spirits of the departed
relatives and friends of the enquirers?
Evidence has been laid before you bear
ing upon this question, and you are the
sole judges of its weight, credit, and
the effect 10 be gwen to It. You are TO
look at this proof and determine the
issue by the exercise of your own sound
sense. You must not abandon the
search of truth upon the suggestion
that the elements of inquiry are not
open to your pursuits, If your reasons
seems to YOU sufficient to see the facts.
In other words. you are not 70 disre-
gard or fail to give effect 10 your OWL
convictions, upon the testimony. about
the facts, by cloud of mysteries which
you can not penetrate. For the pur-
pose Of administering the law we must
adhere TO what ls practical. and solve
all questions by the best practical means
at hand. No man has a right 10 en-
bark IN a business and insist that the
legality of It shall he tested by pTinci-
pies beyond the understanding Of
others, and not by the apprehension Of
the courts and Juries Of the country, #
when tired and tested by common
human understanding. the purpose Is
found mischevious and unlawful.
IN order 70 convict this frespondeut
you must find upon the evidence, b.
wound reasonable doubt, that be did
not believe that be could do
what ne represented he could do.
All the other questions IN the
case are elm mated BY concession. a.
that the whole case e resolved into the
question Of the defendants good faith
il the conception and prosecution of
his scheme. II he acted in good faith
then there was nothing criminal II what
be did. 5ecause the lav l0oks. ln de-
termining the question of fraud, -
the intent with winch the At charged
- have been doue. ~ss done ne
coTrt dos not feei csiled upon 20 lab
crate any more fully N these iustruc-
tons - the jurv IN tbs case. for ths
reason that ss already stated TIE polnt
: slTapls- There - h1t ore question II
fact for you 70 determine in veT II
TIE tesbr0cuv in the csse. and that -,
u --..-.al 49,. = - e.--a =.