Evening journal., 1891-02-21
LAST EDITOR
CHIEF JUSTICES CHARGE
The Jury Now Daiibarst,nr on Prankifv
B. coIton's Case.

ht-A NO us Af1AhzE.
The Jury Now Daifbaraf,nx On Prapkifv
B. colton's Case.
The attorney general resumed his
speech on the Cotton trial when conr.
reconVened after recess yesterday after
noon. de waxed eloquent as be pro.
ceeded, and the tones of lis voice rever-
Derated through court room aud ccrvidor
as he poured forth his voluminous charge
against the defendant. he ridiculed
the idea that Colton's intention
was to secure fair election
At 3 30 o'clock he finished. hoarss and
exhausted, and after declaring to the
jury that IL this charge was not proved
no election csss would ever be- proved. he
resumed his seat.
Chief Justice Comegys asked the jury
whether they preferred hearing his
charge then or this morning. The Jury
decided to wait until morning. Mr.
Nields requested that the jurymen be
not allowed TO go home. The chief JUS
tlce said they would be committed to the
custody of the bsilif, aud any attempts
TO approach them would be repealed.
When court convened this morning
It was evident that one of the Jurors
Mr. Rambo. was in very i'll condition.
1t was agreed that the sick Juror should
be excused and the case delivered to the
remaining eleven Mr.. Rambo was given
the option OF departing then or remaining
as long az his condition would permit,
ne decided to remain as long as it was
possible.
Chief Justice Comegys' Charge
Onief Justice Comegys then delivered
ms M charge de said section 8, chapter
~ OF the revised code required that the
elllzehs should offer to vote. The evil
aenee On this point in the present case
was conflicting, and it was for the iury
alone to decide that question.
When judge Of election made an |
error of judgment and through that
error the vote OF citizen was rejected |
the Judge guilty of this error was NOT |
amenable to the law for punishment
Inere must be proof that he was guilty |
OF knowingly rejecting the vote. In this |
case there had been legal proof of
naturalization. DeStepanis had pro-
oueed his naturalization papers
stamped with the seal of the Federal
Coutt, and this should have been sniff
clehI evidence for any person of average
Intelligence. The papers furnished
"lthout partisan intentions, the defend
ant, stated specifically that this was tha
form Tor mlnor-a man who came To the
United States under the age of 2l-whila
the papers furnished by DeStepanis were
u copy of the form uaed
fdr adults. The only way in
which they could be taken as a gnida
would be BY person so stupid that be
could not understand the meaning Of
plain English. There were no grounds IA
admit the plea Of error of judgment in
this case. If the defendant
mad reasonable doubt that the
naturalization papers of DeStepanis were
not valid. and this idea seemed to be the
result OF the discrepancies in the papers
4 furnished "a him as a guide and those
Deotepanls preduced il was his duty 10
Ascertaln directly whether such
papers were correct, or take the
consequences of refusing tham
Bnt the defendant instead Of doing tbis
gave the papers to Captain Mitchell. ana
made no enquiries about them for hours
When he did SO he only learned that IN
papers were in good hands This was
lot reasonable answer and should NAT
nave been accepted by a reasonable man
Inc jury should consider the Question
IS II they had never known the defend
nv or any OF the parties concerned in ,
MS case, Let them consider il from an :
Independent standpoint and forget for q
ime their political belief and if fhey had
my reason for doubling that lie !
defendant was mislead bv an !
rror Of judgment in refusing T
MS vote, they were entitled to give him !
he benefi. of the doubt, and render
erdict Of acquital, but if the grounds !
or this reasonable doubt to their minds :
i'd not exist they were bound to render 4
verdict Of guilty in the manner and
orm In which he stood indicted The
1ry retired at 10 80 o'clock.
At o'clock this afternoon II was o
that the jury stood nine for t
onyietion and three for acquittal. c