The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1894-05-27

character as TO satisfy your judgment 10
the exclusion of every reasonable doubt.
If, therefore you can reconcile the evil
dence with any reasonable hypothesis con-
sistent with the defendants innocence. it
is your duty to do so, and in that case
find the defendants not guilty. And IL.
after weighing all the proofs and looking
honestly entertain the belief that the de-
PENDANTS may be innocent of the offenses
charged against them they are entitled
to the benefit Of that doubt and you should
acquit them. 1t is not meant by this that
the proof should establish their guilt to
an absolute certainty, but merely that you
idence, you believe the defendants are
guilty beyond a reasonable doubt Specu-
lative notions or possibilities resting upon
mere conjectures, not arising or deducible
from the proof, the want Of il, should
not be COMPOUNDED with a reasonable doubt
doubt suggested by the ingenuity of
counsel, or by your own ingenuity, not
legitimately warranted by the evidence or
the want of it, one born of a merciful
escape the penalty of the law, or one
prompted by sympathy for them or those
connected with them, is not what is meant
by reasonable doubt. reasonable doubt,
as that term is employed in the administra-
ton of the criminal law, is honest,
substantial misgiving: generated by the
proof or the want of il. 1t is such state
of the proof as fails to convince your
judgment and conscience and satisfy your
reason of the guilt of the accused. If the
whole evidence when carefully examined,
weighed compared and considered, pro-
duces in your minds a settled conviction
or belief of the defendants guilt-such an
abiding conviction as you would be willing
to act upon in the most weighty and i'm
portant affairs of your own life, you may be
said to be free from any reasonable doubt
and should find a verdict in accordance
with that conviction or belief
You are the judges of the weight and
credit TO be given TO the testimony of the
witnesses. You ought fairly and impair
TALLY to consider and weigh all the testi-
the weight and credibify of the testimongg
of any witness you have q. right TO con-
slider his bias or prejudice, if any is
cause, his intelligence and candor and the
knowledge which he Is shown TO possess
touching the matters about which he testi-
CLOSING INSTRUCTIONS.
The indisputable evidence shows that
the offenses charged in the Indictment, if
committed at all, were committed in the
State of Indiana and within the jurisdiction
of the court. 1t is undisputed that Theodore
p. Haughey was, during the period of time
covered by the indictment, the president
Of the Indianapolis National Bank; that
said bank was a national bank duly or
ganzed under the national banking laws
and was engaged in the business Of bank
ing during the period of time covered by
the Indictment, and that it had an author
lied capital stock actually paid in of $780,
Haughey. as such president, had the entire
custody, control and management of the
aHalrS or the bank, and that the directors
OF the bank gave him no authority to
acts charged against him In the indictment
Ii is further proved that large sums of
Indianapolis Cabinet Company by means OF
notes, drafts and bills of exchange which
are mo now wholly or partially da yalueless II
were obtained from the bank by means
Of checks en- S drawn upon Il by the Indianapo;
to and cashed by the bank out of ire
moneys and funds when said cabinet com
pany had no funds on deposit with which
70 pay such checks. The evidence shows
that the defendants organized number of
corporations ostensibly for the conduct of
business i'm this city, in Richmond, Ind,
and In the cities of Boston, New York and
London. England. These corporations seem
to have had little substantial capital and
to have been used as mere Recommendations
ants as the corpOrators and owners Of
the indianapolis Cabinet Company IL wifi
be for you to determine whether they were
organized and conducted as legitimate cor
porations or whether they were intended 10
cessfully obtain moneys. funds and credits
from the indianapolis National Bank II
is claimed by the government that these
corporations were merely colorado, notn-
ing more than names, and were Organized
as devices to enable the defendants to Oh
tain morey from the bank for the use of
these corporations had little or no assets:
that they were insolvent at all times, and
that paper drawn or accepted by them
was valueless. 1t Is also claimed thar
Haughey and these defendants knew their
financial condition, and that paper drawn
or accepted by them did not represent ex-
listing values.
Carefully. weigh ali the evidence in the
which have given you, determine the
guilt or Innocence OF the defendants When
you retfrs. TO deliberate on YOUR verdicr
select one of your number TO act as your
foremaa When you have agreed upon a
verdict let your foreman sign II and then
return it into open court Forms of yer
dict will be furnished for your use
And now, gentlemen of the Jury thank
ing you for the patience and attention that
you have bestowed upon this case the court
leaves the determination of II In your hands