The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-21
RUG FOUND GUILTY.
nsll Hesitation by the Jury
on the Question.
ON rs SUBMITTED ~ JUDGE
: nanpls Quesfies Of 1sss Ter cssssAe,.
sessa-krug Looked Disesassiass
-Ths Next Case.

k6e inry went ont yesterday that he wa.
fzsd guilty; one ballot settled the mat
-. Krug was unmoved and seemed not
knrpsised. II new trial 10 refused. thu
Nnps will be appealed even 20 the htxhest
Inort Of the land on the mics questions al
ts: not the facts. for they were admitted
wscticaily. Whether Krug viii b tined
= the remsining charges il not settled
1T Henry Fuhrman's trial q accomplics
epmss of nett Monday.
The trial before Judge Moore came 70 An
I'D Monday evening practically. The only
ning 70 be done yesterday morning va
II Judge Moore to charge the Jury and
HE jury to find . verdict; all Of the elow.
&c Argument was over aad the evidence
u in. AZ few minutes before o'clocr
- jury, which had been under lock and
~ oil night, was brought into court ana
Xrlaced in the box. At about the same
ans krug and his attorneys, James
usmilton Lewis. Charles r. Tishback
Ssd l. C. Gilman. also came in and took
- seats they had been occupying every
~ for over . week. The doors OF ,hs
lsem we're opened promptly at Q and q
lafgs crowd filled IL ct once, an x;ous 60 be
In 1t the DEATH Judge Moore a..
ssnded tho bench. the baiiifY raped for
ssdsr and Clerk Hughes called the iurv.
Al we're present. The attorneys Tor The
eosecution and defense handed 10 the
I tsdse their charges and the latter pro-
I essdsd partly from the writing and partly
orally. 10 charge the jury. For thirty.fve
| minutes he spoke and then ct 9:35 ordered
BsIifs Cookson and Brockswsy 70 take
The jury to Its room.
Then Mr.. Lewis stepped forward and
book exceptions to the charge, making the
main grounds Of error the fact that the
Judge had given az the Law the word. of
The statute and had instructed that the
evidence In the case, II Il bore out the
acts alleged Ia the indictment. would
warrant conviction under the Law. The
excsptions were allowed. Then the Judge
came down from the bench and joined q
group OF prominent attorneys in the court
chambers. A long wait was expected and
The crowd rapidly thinned out. K.ug was
evidently OF the opinion that the Jury
would be out long while. for he left the
room and wandered down into the hall.
There was surprise In store, however.
Tor at io:53, just as Mr.. Lewis was begin
hing TO tell funny story to knot of
turned in surprise and was informed that
The jury was ready to come In. He looked
cast down and clearly foresaw the verdict.
The judge went back to the bench and
vas about to call In tho jury. when he saw
That krug was gone. A quarter of an
hour passed before Krug was found and
then the jury came in. the observed OF ali
observers" The foreman, Noble Waliing.
lord. announced an agreement and
handed the slip of paper to the clerk, who
gave 1t to tho judge. The latter read IL
with puzzled air, while Krug eyed him
|parrowiy. Then the clerk read the word
|sguilty."
krug said not a word, but rose and
Exithout any apparent emotion. went out
|ef the room. His attorneys were also
evidently chagrined and also left soon.
Judge Moore excused the jury from
Farther duty that day and adjourned court
until t;3o o'clock. In few moments the
room was empty.
Judge Moore's charge was in substance
ts follows:
"Geatiemen Of the Jury. Tho defendant
IN this case is charged with tho otiense of
usinS public money of the city OF Seattle
IN order 10 make a profit out OF IL, which
use is not authorized by law. 1t is charged
That he on the "a day Of July. 1892. having
control as treasurer OF tho public moneys
cf the city for safe keeping, in the sum of
$1,000. dad feloniously and uniawfully use
The Aforesaid sum for the purpose OF max
tng profit out of IL.
''ro this charge the defendant has
Pleaded not guilty. and this constitutes
The issue the jury is to determine, as this
plea is denial of all Of the material allie
cations of the indictment and puts upon
the state the burden Of proving ali the
facts necessary to sustain the charge. By
enrden of proof the law means the neces-
sty which u party holding the affirmative
u under OF sustaining that afiittnation by
proof. In this case and in all criminal
Eases the burden is on the state; that Is.
I'll OF the material allegations of the iniiet-
inent must be proven To the jury beyond
Reasonable DOUBT. The law presumes the
Innocence of person accused of CRIME,
ead this presumption is not a matter of
iarm which the jury may disregard al will.
but IS a part OF the Law OF the land and q
right guaranteed to every person In the
land accused of crime. A reasonable
doubt is one that man OF ordinary pru-
denee and decision in determining the
Issue of like concern 90 himself as tina,
before the jury TO the defendant woald
allow TO have any influence whatever upon
him. or cause him 10 pause or hesitate in
arriving st n determination. but such a
Doubt should grow out Of the evidence and
should not ne speculative or imaginary.
THE Jury Is the Judge of the facts in the
case and OF the weight to be given 10 the
testimony Of witnesses. and Of ali other
iae's aud circumstances surrounding the
witnesses
THE Jury is instructed that, where the
eslendsnt has not testified IN his o~a be-
hsli. no inference of guilt should arise in
taelr minds against the de!endan, from.
tAst circumstance.
The statute of our state makes it
crime Tor any city or other officer TO use
any portion IT the funds intrusted 10 him
Tor safe Keeping in order to make profit
cot Of said money. or If he shall use the
same Tor any purpose not authorized nv
sas. The purpose of tins statute Is TO re-
stain pahiic officers from using pubic
honey in the unlawful manner indicated
lie charge N this prosecution Is that the
eelenasnt as city treasurer did use 10
ssake pFoat trust funds OF the city IN MS
scnirol. Therefore. IL the jury believe
From the evidence that beyond doubt
we defendant as city treasurer on July =
lssa, or at any time three years before ihs
announcement of this prosecution. ava
Use the sum OF $40 90 of the citvs money
ma manner not authorized by law. IS -
sasrged. il IS the duty OF TIE JURY 90 anu
asm guilty as charged in the indictment
AID ii the jury shall so ind from the
evidence that at the said time ana place
TIE defendant as said treasurer had money
deposited 10 his credit as treasurer. ana
belonging 10 the city. in the Washington
. Aasio,a bank in tho sum OF sio.eo' that
y ne did on July > iSos. draw his check or
ether order or instrument In writing, BY
Which he directed the bank 20 pay to
heary thurman $4,000 In New orr ex-
saange, by which he intended shst the
tank. when II oheved the order contained
II the writtn,, ,nsrrnmeu; and should paw