The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-26
CLOSE OF THE DEFENSE.
Mr.. Duncan Lays stress on u Reason
able Douht.


Upon the converting of the court yester-
day afternoon. Mr.. Duncan began the clos
ing argument on behalf of the defense. In
beginning his argument, he said:
at now becomes my duty to speak on
behalf of my clients and to do all that
can, that is fair and honorable 10 aid you
to arrive at an intelligent conclusion of
what has been proven. Mr.. Kern took &C.
casion in his argument TO comment upon
Mr. Winters argument, and alluded to 1t
a jugglery of figures and peculiar arithme-
tic. Now, gentlemen, 1 take it that all
through this case nothing has escaped your
notice, and believe you have seen that, in
all the details of this case. if there is any
one person who is thoroughly familiar with
all the entries OF the books, that one Is
Ferdinand Winter. You saw 1t in his cross
examination of Louis Robinson and you
saw it in his plain presentation of the evil
dence to you yesterday.
Mr. Duncan then proceeded to explain to
the jury the doctrine of reasonable doubt.
He said that in entering their plea OF not
guilty to the multitude of charges against
them the defendants had thrown upon the
government the burden of proof of all of
them. The extent OF the burden thus
thrown upon the government was then
fully outlined, counsel saying that, in a
criminal case, a much higher degree of
proof is required than in civil case Upon
this phase of the question, as presented to
the jury, he said: 1T matters not what
amount of property Is involved in civil
case, a mere preponderance of the evidence
is sufficient for verdict. 1t is higher de-
gree of certainty and proof that is required
in a criminal case, however. There the
proof must be made beyond a reasonable
doubt" Mr.. Duncan then with touching
pathos painted the picture of suffering and
ignominy that followed a verdict of guilty
returned by a jury in criminal case. He
said: 1T is not the time of confinement
for, however slow time may pass to a man
behind prison bars, eventually time does
pass. But the ignominy does not end there.
The convict comes forth branded as q con-
vict, and the name and brand fastens upon
i'm nd 81 m Vrha ha r,,ox
If the man have wife and children the
verdict of the jury is not alone against him
but the wife, as she passes along the
street, is pointed out as the wife of such
and such man, who is in the peniten-
tiary. His children, upon the playground,
have it thrown up to them that their papa
while / am speaking of this doctrine of
reasonable doubt, / will say that / under
doubt but that it is reasonable doubt.
If, from the consideration OF the evidence
in this case, you believe the guilt of the de-
PENDANTS Is shown with such degree of
certainty that you would not hesitate to
act upon your opinion in matters of the
highest and dearest import TO you and at
such a time when there was no compulsion
upon you 10 act at all, then you should re-
turn verdict of guilty
Mr.. Duncan took up the question OF in
tent as charged in the Indictment and ar
gued that in arriving at their opinion upon
this phase of the case the jury must de-
termine the intent of the defendants at TN.
been criminal Upon the question of mo-
tive he asked the jury where was the proof
of any profit to Haughey in all the transact
tions complained of and argued at length
upon the point that IL was unreasonable 10
believe that Haughey would be a party to
a scheme TO defraud and loot the bank of
which he was principal stakeholder and
president AS evidencing that on the con-
trary Haughey was all along endeayoring
to protect the bank he cited the evidence
OF the first mortgage as establishing the
fact that as far back 1885 Haughey was
demanding and receiving security for the
money loaned the defendants. The facr
that William Wallace was named as trustee
cient evidence that IL was given for legitI-
mate purposes, and as security for the
debt OF the cabinet company. Banks are
not organized for the purpose of enabling
people 10 lock up their money within the
bank vaults. They are organized for the
purpose of making money by loaning il 10
manufacturers and men conducting large
businesses, just was done in this case
II was the regular and legitimate business
of the bank 10 loan money and these de-
PENDANTS gave the bank a mortgage upor
all its property TO secure the payment OF
the money borrowed, giving ii priority OF
claim over all other creditors The counsel
for the government said, In argument, that
+. A. Coffin, when he testified that $l10,OI
was put into the cabinet company at the
time of its organization. told a deliberate
lie. II. A. Coffin, however, said the records
of the payment were contained upon the
books OF the company. the same books
which Louis Robinson and other OF the
governments witnesses have gone through