The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1891-07-18

''- "a t''F - - 49, - ~
aud state of N:--oIri. f'lunious!y. uuliw-
trix am; Intentionally CuuhrZZic and con-
- ~ -'.E"tp he own vs. you vii fad
TIA GHirntlu. Guilt. ~ -rheysl""cf.t a.
c!igr=cd in the ind cfmcnt. net subscribing
the jury should believe and mad from the
evidence that the defendant intended 1t
some fGi urr tim to restore said money.
.. The court in -tructs tine jury that the law
rrc~.,n"- that every man. ~intcn.l- the nat
uril and probable cvn>c,.-'!c'' ~ his own
acts, and If YOU believe from the e. IicIt'
thai the defendant uniaw:u,ly converted tie
money Il legged IL the Indictment To have
been cnnb' ZZ.ed To his own Use. yuu ar" also
luih'TiZ Il Ia inner thcrcfrum the criminal
intent, and that Ia did intend 1t the time 10
EI.;s'-Slr and convict the same u his own
IL. aIl'' 20 ''rprlte t." star" al IL
9. Inc ootirt ir,truc;s tin jury Shat the
icInninuS and iHtcnticarl conversion and
CrnLczZl"ncnt nj the public moneys ii"I'-
TONED ia the Indictment need not l." proceed
10y direct evidence. bat may be- dcduc"'
FROM all the fac:- aud cig Cuul>I 5nrr~ proven
at .Ic TRIAL. AMI II the jury D. al sized from
the evidence i~ntrndr, 'it:i! Size defend rat
did convert To- his own IL" aud "iuhr[-!" sh'
publ t money men Toned il III ind tIu'nt,
or Iny part tn rc"f. tn the value OF ~ or
more, they Will find hin: I.lty.
.. line court rn-tru"t- tI- jury that u re-
turning their v-rl ct Ihcy mt. if iii be-
Il, T.. iii" '-ci'Id IaI Ia lee guilty. spcCiig "n
which C"u:'i tho. :i.i a'm cUi.tN. and You
ar Instructed that SDu ms fiHd MIN guilty
az not guilty Ur'iT enc AMI GGit. or NOT
I'll rs - ." IA" pilIs' c''tE'-- "T HOt' irhy rr"
turn ~ .riI.I ~ -trd'..t 81 guilty 81 iiui guilty.
-. ii - fad ;--iI ~'--I.,t., ~ .'r"It specify
Ii- upon u hst v"rHt yui - Had; 81 | q y"t
believe him guilty Ip.n Any utl"l "r al 81
the CruItS II the indIyim mt, you shuuit
ASSES hi punishment a: Imprisonment
in the p~TiI"Ht:iry for not les than
tE.p years II r more than fivt years The
C"aTt in-:fuci~ The j Iry that Il they believe
ami fiIii from the evidence that the defend
I:Et rGf;VTrt cl {" ms uHn U-- and "uHHCZZ,cI
the pubic moneys charged in the tntic'-
'lrnr. ur auS part thereof 1" the value Of -,
~ mote. IL the manner charged, You y III md
him s-uii:N. al: .HIi.I Suu may tRr. her lee
liz = and fiTitIat T.li tti.ui"at has been
nae with She - t,c hv iii- defendant or hiI
>Erri -. or anyone oi~" III his own behalf.
.. III" In: ar. instructed iii't "rnl'"zLlc-
mcnt - u-t.i in t!8s Indictment HnI IN tId
Instructions i the fraudulent AMI i"l"ni"us
HpPropriaiiTg or converting tn ia" Officers
own u-E pr avs lcE"iH of time, however
short. the public n:"U"vH as tie slate that
my nave cum.' IL hin. II, V.riHc az h. a.
flee, for amy pEfi "-c w'.I;i Yer, az which,
ma l.. in his pn---~>.or ar OVER waich he
may have the Supervision. Gaze AMI control
h., ' rtuc nG Iii ollie!
IL The Jury arr instructed that to an
tIo' L" ~ i"iIftItl ga tne GrnnIil Of rrit-
~"n ii,c '.riIbT alone such doubt SHOULD he i
substantial 'uu't, ITi~.n: cat oi the cVi-
drn -. AMI not the i:ler" pos, bil.ty that tho
d"icu,iGn! j. innocent.
IL Til" cont u-rruct- the jury that time IS
not IN" c--rnc,. ~ the Grim" -! cuIcZZlr-
mrnt. TINT y iiiru "a the ind. c;ui"nt in the
several coTnt- alleges certain dates a. the
tinr when tn" alleged rmhczzlr:nrut there
"a iIi ~ TOOK lIs'rC, Ntt ;lt tHt ilr llN IT,
I';'r"~ = iH.. tn 'rrb ri" ncUt should o"-
cur IT any tim" Within tir"c YEAR, pTiurtr
the iinGiig ~ itis iun'rtu.Cat.
Il. l. YOU Lclirvr that th. defendant SAID
AMT 'Ius, or III DO any Statement, ~ relation
to tie of n~r charged, ~ run~Hi"rin" wiiTt
h" said the jury NEST consider 1t III t"-'th
cr. Tie j. entitled to tI'' h.ncfit If what hc
said for himself, IL tTu". - - tn" stat" 1" tue
ben. fit of wh Il h" siHi aga Mt HIri-"lf III
any conversation prov Il lay III" state. " ul:
il" sail against himself the law prC~;III"~ 20
7 -. fVTr.. 400 80. 80. 81. hut HNHsHaarN
~ai! Tor himself then the jury ~" not bound
To- htli"y" h" au-c said IA the converse ion
p owed lay the STATE. They MAY lCii"Vc or
Il ~hrli' W. IL may Lr shown to be true "r
ft!-c 10y the "vi'!".'c' in th'. ca>".
L.. The cuur. IN ruct- TIA" jury that the
f-luiinUS and iHtcIti"nI conversion and
rmi TZI .r:ncut uf the public moneys men
toned II tie in!i"t:n"nt need not l'r proven
by pn-:ilY" or direct evidence. ht!: may he
Gct!uc Il from aIl thr ii.!- a:il circIiiiI-
-i..Gi"r- prpV.n at the trial. AMI If IL" larry
are satisfied beyond u reason III. d"uht
from the cTid.nc" introduced that TIA" icE
fen liant Hid convert Ia his own use Hutl en-
hcZZ " TIA" public moneys rn,nti"nr'l IN the
Indictment. or any part thereof. to the
value of 500 or NOR" they viii find him guilty.
INs.EU'IInNS TOR The DETEN>E.
Tn. court instructed the jury iur the de-
PENDANT a. fnIIow-.
/. I'll" court instrUc;>t I'll" jury tina: thc law
the t,cfrn iIut IT, br inTucCnt "f
the crime with which ne >tIll- CHARGED.
AID such p~rcsuIl T." attend him in every
stage Of the trial until h~ guilt l. c>;ab-
ii-lIrti. Therefore. Eui'>- the Jury believe
from the cyiIc &c. hcV1nd "A reasonable
doubt. tat III. defendant. ia ole county,
No. " thin three years next before tho fad
ing % the ind ~ctucnt. unlIs fully, w%iilfully.
fC!ouiously. and with intent ut the time to
convert to his own u-e ana deprive the state
thereof, took ,i.l55 of the pullIc moneys of
the state of Missouri or some part thereof.
which wCrr H., him received and taken into !
hi- possession and cl>t.tdv 10y virtue Il his I
nfiic, 81 Treasurer ct Missouri Tor >tic keep
transfer aUs! q sburScTncni. and lid vii
fulIV. tTIUiui.uils ami t'iDH f"u-ly convert !
tlr same t. his CIV n Use. Won viii Ind lie !
PENDANT MT guilty on the iiF~t count IN the
indictment
:. The CONT further instructs the jury
iiIit unless thcv believe fTom the evidence, /
4 reasonable doT:ht. that the defend
ant. in Cole county. Missouri. within three
years before the tiuding oi the Indictment. |
naiav FULLY. NIIifuIiy. fclunious!v. aud with
intent ~ the { me to convert to Eis own u>"
cTriyc tine stat" I'll Roof, took til" -um
Df s5>t of tie pubic moneys belonging to
he state of Missouri. or Somr part thereof.
" H.ci were received by him and taken into
his Possession aud custody a. treasurer of 1
by virtue OF his OfIicc. for safe
coping, transfer and di~burs .m"nt. and did
" illfuily. fTau'lcnily and felGniou-ly con
vert the same to his own use. thcy viii &c
Iuii the defendant on the second count.
}. The court further inStrurt- the lnrF that
ia,e>- they believe frGm the evidence. be-
a reasonable doubt. that the defendant
n Cole county. Mo. within iht~c years be-
or ne iiiiHH- VI III - u ?
-u'ly. fc,uniou>Iy and W til intent ~ the time
- convert to his own us" and deprive the
state thereof, took the sum Of 2h.Sl3 of the
public moneys Of the state Of Missouri, or
part thereof. which were received by
aim a treasurer of the -trtc az Missouri, by
irtu" of his office, for safc-keeping. trans
and disbursement. AMI did willfully,
raululcntly and fe!nniou-ly convert the
to hi own use, they will acquit him ON
he thir! count of Indictment.
4. The court instructs the jury that,
' ,-V-.,t ts-V .Au- I1a .vEa fEn. -. fla wi Tn
hat defendant loaned moneys of the state TO
,tlieT>. if thcy believe he did 50, but with no
mt cnt to convert the same to his own use,
his fac. alone will not authorize a cOnvic-
ion in this case
). The court instructs the jury that the pri-
sate report of the cDunmittee read to them.
composed of Mcs=rs. Marshall, Chick and
PARSONS. is excluded from their cnnsidcra-
ion. and IN arriving ut n verdict they viii
'ntirciy exclude II from their consideration.
Inis dOCs not exclude from your con>idera-
.!On, however. the testimony of said persons
As witnesses. which ynu may take into con-
I'd Grafton in connection with all other evil
in the cas-.
$ The court in,trucis the jury that in ar
at and determining the weight to lie
.iven to expert testimony, they are TO rom
id.r the -ufficiency of the facts within their
each and brought to their knowledge, the
'p~poItunities afforded the expert to make a
uIl and cnnpIetr investigation, and all 9th
T facts that are developed by the evidence
ha. would tend to rredit or discredit their
Judgment and conclusions.
q That the ,-rry are instructed that they
ire the sole judges Of the creeidility of each
nd every witness placed upon the stand,
nd if they believe any witness has willful-
Y sworn falsely to any material fact in the
fausc they have the right to reject as untrue
he whole or any portion Of the testimony
4 such witnesses. and in passing upon the
red bIiity of the illnesses the jury are ut
ib-rty to axe into consideration his man
Ter upon the stand. the interest he nay
IL any, in the case, the reasona-
,icness or unreasonablencss of his testi-
noHv as compared with other testimony adj
Iucci in til" caTsc.
D. Il, upon the whole case, and the full and
air consideration of al! the facts and cir
in evidence, the jury entertain
reasonable doubt a. to tie guilt of the lc.
endant, they Will give him 80" benefit -
ucEi doubt and acGs.t him R~easonaII.
QUILT, as here used, means s~ubstartisj
aoubts arising from the cTidelce. no. ~
acre Possibility OF i~rt.ooCrce.
II nva is Tho 1sraatcxf of all 80 ei0nH |