The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1894-03-21

~ s.ss me transfer VS. made far rro6s th~r
eas jay email ind the dsfsndaat ruilty =
law presumes, renssemeu Of the
~ Inst every sane person eonsernusat<s
49,. nsequeaces Of his own voluntary
s~i1.sse Ins contrary po<ass from the
80 and II . fnan = shown ~ TIE
ioeues. beyond . reasonahle dougx. "a
- svmmitiec an set which was urlaw-
-. sna criminal. then that person il pre-
49, n the Law 10 hsvs intended 70 vio-
go Ins iss. rnEess the facts and ciYeuru-
- -ascs surrounding the person in doing
-. - save The jary IN reason ahse ssoubs
rnetaer hs intended to violate tie
tha intent must Be nsc<rta;aed
I1om al the evidences In this eas- a
49, % the evidence introduced ia the
80 = what il known a. eircurus,ansiai
Nsnce. Nov. before you can convict
sns aeirndant TIE circumstances rnus, no.
1n.y g consistent With his guilt. bu. ezcf,
s-ss via each other, al taken together.
Co.. -ss. - absolutely inconsistent with any
~ concsnsion or proof than guilt
references have been made In The
ffsnes o. the jury TO hue and cry, m
osessin8 That there was some pubic inter.
=. 1f exeatelnent In Connection With this
aa lne court refers 70 this matter for
.ae purpose OF saying that il Is the duty Of
sne Jury 10 ind their verdict upon the evil
sion OF all such evidence, and upon no
Otnsr consideration whatever.
sns jury End that there Vas any
ss'oenee introduced that the defendant
mas been guilty Of other misappropriasian
% PUBIC money the jury shali consider
tnis evidence ~ having been introduced
naereiy Tor the purpose Of showing the in-
sentson with which the defendant may
nsvs used the money charged ia the ia
dsctmens only"
Judge Moore then instructed the iurv
further. at the request OF Mr.. Lewis. tina.
they could take into consideration the
good character Of the defendant prior 70
the commission Of the alleged offense. but
that they might consider a. against this
good character the evidence IN the case.
The judge himself says that this last in
ssruction Vas Dot called for, as there va.
40 direct evidences either to prove or dis
prove krug's good character.
Under the &C: of December 90. 1850.
Arug can Be sentenced TO not less than
one year and not more than ten years in
the penisentiary. Prosecuting Attorney
Miller said yesterday that, although part
OF the cases In which Krug Is charged with
endorsement alone or with other parties
charged with misuse OF public money. arc
set for trial. be vas not certain that they
would be tried ut once In order Fuhr-
mans case would be tried on Monday,
certain. and IL he should be convicted and
krug then tried and convicted of embez
slsment also, 1t would undoubtedly be the
best plan to carry up the three test Cases
two OF krng's and one Of Fuhrman's-on
appeal at once. and settle the law on all
the indictments without waiting to try all
the cases before appealing. and thus put
ting the county. ~ il might turn ont, to
useless expense. The penalty for embez.
element 10 the same as for using the public
money in an unlawful manner.
Krug Was not taken into custody. ~ his
bonds Of over 10000 10 hold him for trial
on the other charges are sufficient to hold
him after his conviction. Today, how
ever, q stay bond will probably be filed to
stop proceedings until after the motion
for new trial is argued. The notice OF
motion Was given yesterday. and tho mo-
ton will be filed today.