Iron County register. [volume] (Ironton, Iron County, Mo.) 1867-1965, 1891-07-16


the Indictment, or any portion thereof, to
the value of $50 or more. and did, after re-
ton thereof to the value of 80 or more into
his possession, care, custody and control
of Missouri and had the possession, care,
custody and control of said money by virtue
the county of Cole and state of Missouri, and
within three years prior to the finding of
this Indictment unlawfully,, feloniously,
fraudulently and Intentionally converted
said money or any portion of the same to
the value of $40 or more to his own tthe de-
fendants) use, and that the money so con-
yerted then and there belonged so the state
of Missouri, then the jury VIII find the de-
PENDANT guilty as charged in the first count
of the Indictment and assess his punishment
to imprisonment in the pententfary for not
less than two nor more than five years.
[The second and third sections of the in
structions, referring to the second and third
counts of the Indictment, were identically
the same as the first section.
4. If the jury believe and find from the
evidence that defendant did, within three
years prior to the finding of the indictment,
receive into his possession the money men
toned in the indictment, or any portion
| thereof to the value OF $50 or more, ana that
| state treasurer of the state of Missouri, and
| by virtue of his office as treasurer, and that
| he did within three years prior to the ind
| ing of this indictment, ut the county or Cole
| and state of Missouri, feloniousiy, uniaw-
| fully and Intentionally embeZzle and con.
| vert the same to his own use, you VIII ma
! the defendant guilty of embezzlement, as
| charged in the Indictment, Notwithstanding
| the Jury should believe and find from the
| evidence that the defendant Intended at
| some future time to restore said money.
! 5. The court instructs the jury that the law
! presumes that every man intends the nat
ural and probable consequences OF his own
| acts, and if you believe from the evidence
| that the defendant uni wful1y converted the
money alleged in the indictment to nave
| been embeZzled to his own use, you are also
| authorized to infer therefrom the criminal
intent, and that he did intend at the time to
| embezzle and convert the same to MS own
| use and to deprive the state of it.
s. The court instructs the jury that the
| felonious and intentional conversion ana
embezzlement of the public moneys men,
toned in the Indictment need not be proved
by direct eydenee but may De nroyeu
| at the trial, and if the jury is satisned from
| the evidence introduced that the defendant
did convert to his own use ana einDezZIe ine
public money mentioned in the Indictment,
or any part thereof. to the value of $50 or
:. The court instructs the jury that in re-
turning their verdict they may. il they pc
lieve the defendant to be guilty, specddy ON
are instructed that you may nnd MN guilty
or not guilty upon one, and guilty or not
turn a general verdict of guilty or not guilty,
if you so find and believe, without specify
believe him guilty upon any other ali Of
| the counts in the indictment, you shouIu
in the n penfitentiary e for not less than
two years nor more than five years. me
court instructs the jury that If they belieSe
and find from the evidence that the defend,
ant converted to his own use ana emDeZZieu
the public moneys charged in the indIct-
ment, anv part thereof to the value or soo;
| or more in the manner charged, you will find
him guilty, although you may further pc
made with the state by the defendant or his
sureties, or anyone else in his own behalI.
g. The jury are instructed that embezzle-
| ment as used in this Indictment anu IN the
| instructions, is the fraudulent ana telonious
appropriating or converting to the o1flcer ;
| own use for any length of time however
short, the public moneys of the state that
may have come to him by virtue of his Of f.;
!, | flee, for any purpose whatever, or Whlch
| NAV be in his possession or over which he
may have the supervision, care and controi
TO- The Jury are instructed that to au-
, | thorize an acquittal on the ground OF fea-
, sonabe doubt alone such doubt snouid De a
, | substantial doubt, arising out or the cyl
! | dence, and not the mere possibility that the
, | defenda is innocent ,
| IL The court instructs the jury that time is
: | not the essence of the crime of embezzie-
/, | ment that although the indictment III tne
, time when the alleged embezzlement there
; in stated took place, yet all that the law re-
} quires is that the embezzlement should oc-
cur at any time within three years PRIOR 70
IL. If you believe that the defendant said
ANYTHING, or made any statement in relation
to the offense charged, in considering Wna'
he said the jury must consider 1t all toSetn-
err He is entitled to the 4en zen o. VIA ia t he
benefit of what he said against hlmseII III ~
. any conversation proved by the state W mar II
! he said against himse If the law presuineS 10
be true because against himself, but when
! said for himself then the jury are not bound
l to believe because said in the conversation
5 ! proved by the state. They may believe OF
I | disbelieve, as may be shown to be true OF
I | false by the evidence in the case.
f 49, The court instructs the jury that the
5 felonious and intentional conversion anc
, embezzlement of the public moneys men
e | tion ed in the Indictment need not be proven
t | by positive or direct evidence, but may De
9 deduced from all the facts ana clrcun
| stances proven at the trial, and II the jury
;, | are satisfied beyond reasonable doip
u from the evidence introduced that the de
| ia n,.f f.Nh "a VT
8 | bezZ,e the public moneys mentioned in thu
: Indictment or any part thereof, to tn
n | value of $50 or more they will find him guilty
iRUCTIONS FOR THE DEFENSE.
6 The court instructed the jury for the dc
| PENDANT as follows:
l. The court instructs the jury that the Law
presumes the defendant to be innocent o
y The crime with which he stands charged
Y and such presumption attends him in sver.
:. listed; therefore, unless the jury beliey
;, from the evidence beyond reasohaDl
a doubt, that the defendant IN Cole &C.. county q
ing of the Indictment, unlaWfuliy, Wiiluiis
feloniously, and with intent at the ~. tlhae
a thereof, took S1.150 of the public moneys Q
Is the state of Missouri. or some part Thereof
" which were by him received and taken int
y his possession and custody by virtue of hi
n office as treasurer of Missouri for safe keep
~ ing tran sfer and disbursement, and did vii
A. fully fraudulently and feloniously conVeI
it | the same to his own use, you VIII ma &c
20 PENDANT not guilty on the first count in tn
m | Indictment.
a | 2 The court further inStructs the Jur
or | that unless they believe from the evidehc,
he beyond reasonable doubt that the defend
ant in Cole county, Missouri, within tire
years before the finding of the indIctmen
- unlawful!y. willfully, feloniously, and wit
..o | intent at the time to convert to his own Us
&c | and ,eprive the state thereof, took the su!
is of $3.50 of the public moneys beIonSins
10 the state of Missouri, or some part thereo
y which were received by him and taken int
~ his possession and custody as treasurer
, 10 Missouri, by virtue of his office, for sa;t
ie keeping transfer and disburs' ment, and q
" willfullv, fraudently and feloniouSly COZ
~ vert the same to his own use, they VIII az
y quit the defendant on the second count.
~ g. The court further instructs the jury TIL
ft unless they believe from the evidence b
or yond Il reasonable doubt, that the defend al
III in Cole county, Mo-, within three years D.
n fore the finding of the indictment, unlaV
pr fully feoniously and with intent at the tin
n to convert to his own use and deprive ti
,o | state thereof, took the sum of :26,Sl3 of Il
10 | public moneys of the state of Missouri,
A. some part thereof, which were received
~ | him as treasurer of the state of Missouri,
aS | virtue of his office, for safe keeping. tran
70 | fer and disbursement. and did w1llluii
d. fraudulently and felonfously convert Il
ri | same to his own use, they will acquit MN
| the third count of Indictment.
We T. The court instructs the jury thi
c. although they may believe from the evlden
ry that defendant loaned moneys OF the stare
n others, if they believe he dla so, put Win ~
ng this fact alone viii not authorize a conVl
i'd | ton in this case.
aft s. The court instructs the jury that the p
on | yate report of the committee read TO the'
on composed of Messrs. Marshall, Chick al
C. Parsons. is excluded from their consioer
sh ton, and in arriving at verdlct they W
I'LL entirely exclude it from their conSiuefatio
This does not exclude from your consider
ton however the testimony OF saio pefso
n. | as witnesses which you may take INTO co
nix sid Grafton in connection with all other CIV