The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-04-07

closing Mr.. Mcbride said that be we1ld
like 80 defend his colleague from the A.
PERSONS cas-. upon his hair oy M
Hugaes, bat that as ne hsd nos conoeo
his own !oek. for day or 50 he wocsd re-
fraln. The jury, aorever, might notice
the fact that for the first few tays of the
trial Mr.. Hughes ass wearing diamond
shirt ssnd as briIissn. rs Mr.. Mdiers.
NJ. Mcbride closed n Q - o'clock. hav-
ing spoken for two hours IN the evening
aad shree-ouarsers of an hour IN the after
neon. Judge Hunaes proceeded a. once TO
charge the jury. but very briefly, for be
refused 10 give large number Of the in
ssrnctions asked By the defendant The
instructions as given we're, however. 50
the attorneys present axreei. very fair TO
Mr.. Fuhrman- In substance the judge
said:
The using of money Of citv. county or
state n manner not authorized hy law
10 make profis Is . felony .hen commit
ted by any officer elected 10 position OF
trust Any person vs. no ccunsels, aids or
aoe;s such An officer II the criTEe Is
equally guilty With the principal The
defendant IN this case IS charged with the
crime named, the Indictment alleging its
commission on yu.y ?, iss,, in that he is
k-ug 20 make profit on the moneys In
his care as city treasurer.
The defendant has pleaded not guilty
and this places the burden OF proof upon
the prosecution. He must be proven
guilty beyond what IS known - reason
AIDE doubt Under the charter OF the city
the treasurer can only pay ont the money
IN his charge On . warrant properly
drasu. To ind she defendant guilty. you
must 1nd nrst that krug committed the
crime Is charged in this Indictment
and then that the defendant aided, shet-
tel end co1useisea him IN so doing Iou
mast ana thai Krng intended 30 MAKE. q
profit aud that there &as sn agreement
iaas Faargnen was to pay the profit ON
this one $40 90 transaction and no other.
II you lind tina. when the check for
$40 O0u was paid by the Washington Ma
tIonai bank faat il reduced the credit Of
city by $1,000 that Is sufficient TO coasti-
sute payment In the meaning OF the law.
Yon are instructed that, il you find that
the money OF the city 30 transferred xas
in the control OF the city treasurer
wherever il may have been the state is
not bound 10 prove that IL Vas lawful
money.
The defendant 10 presumed to be not
guilty until the contrary IS proven beyond
a reasonable doubt. and tbs presumption
is not 10 be lightly disregarded py the
v.cied will not justify you in finding the
present defendant guilty also. bus you
mus: lind beyond . reasonable doubt from
the evidence now before you that he is
guilty, and that he aided and abetted the
CRIME. The mere fact that Thurman got
$40 90 from the city treasury does not JUS
tify yon in finding him guilty. nor will
the payment of interest. unless il was at
the time agreed that krug should make 8
profit That Thurman used city
money To make profit for
himself will not Justify . verdict of
guilty. Evidences OF other transactions
between krug and Thurman such as
have been introduced here you will
gard only Is throwing light on this one
transaction You may consider the de-
fendant's previous good character in
reaching verdict. You are to decide
the case on the evidence before you. and
not en- what you may have read or
heard about the case. You are the sole
Judges of the facts and of the degree OF
credit that should be given witnesses.
The jury vas then taken out At just s:S5
O'Clock and AZ IL 10 were back with d yer-
dict of not guilty.