The Norfolk Virginian. [volume] (Norfolk, Va.) 186?-189?, 1896-08-30

on Donus or selu town were included
and allowed, then the accused cannot
be found guilty of emboaalins such
commissions.
No. G. The Court instructs the Jury
that IL they believe from the cyidcnSc
that the accused failed TO nav over IN
the town OF Suffolk upon his settle
raent with said town in August 1So5
some portions of the funds of said town
which were in his custody as Treas
Hrcr thereof. but that his failure 10
say the same was in ignorance of thnt
fact and without fraudulent intent. but
was occasioned by his carelessncss I'm
not Keeping proper books and accounts
ar was due to inattcn,ion or want of
proper examination merely, then thcv
will find him not guilty.
No. g. The Court instructs the Jury.
shat If they believe from tho evidence
tha' the accused at the time Of his set
uement with tho Auditing Committon
OF the town of Suffolk in August. IS95
nelieved that he had paid and /! tended
10 nav over 10 said town all sums and
amounts due by him as Treasurer tbcrn-
O tthen they must find him not guilty
sven thou"h they should further believe
ne mas DcGn gross y negligent and care
less in failing to keep proper hooks and
accounts ana was. in fact, indebted To
SAID town as such Treasurer.
NO. D. That IL the jury believe from
the evidence that the accused has fail
law same portion of the public funds
which came to his custody ms Troo s,,rer
ct the town of Suffolk but that hn be.
heVed that he had paid and Intended In
nav over to the said town in accordnnco
Win the law ak public funds which
came INTO his custody, as l'rcn surcr
aforesaid then 1t is their duty to ac-
Quit hrl. w
No. 10. The Court instructs the ,urv
that to establish the guilt of the nc.
c,iSed 1t is not sufficient to prove that
ny, ny anount OF money charged I'm the
Indictment 10 have been embazzled or
som" portion thereof ought 10 haNa
came into his hands, but the burden is
upon the Commonwealth 10 nroye bc
Fond every reasonable doubt that said
amount or money or some portion
there actually, and in fact did come
into his hands ana that he embez2'nd
sald amount or some portion thereof
NO II. Ihe Court instructs the Jury
mat If they believe from the evidence
mat the accused paid the town of Suf
lolk lhe sum Or yt:l2.S5 In settlement of
an alleged Indebtedness to said town Of
Suffolk. that such payment cannot or.
!ect ms criminal liability, If they fur
iher believe from the evidence that he
Is guilty as charged in the indictment.
NO. IL. The Court instructs the Jury
mat II they believe from the evidence
that the accused improperly refused or
neglected to deliver to his successor, oil
moneys remaining in his hands at the
Ilrle oi MS settlement on August 7
iE95. or that he denied that he had In
ms hands such funds of the town of
Suhoik, ana II was dfte. wards shown
mat ne had or nat he rendered ac
counts In which items were knowinrIv
omitted than they may consider such
circumstances in order to urtoruiua
whether his failure to account was the
result OF n felonious intent If they shall
ntieNe from the evidence that such
shortage in fact existed
When the jury was called :Jud~n I,I.
pN announced that they had heard the
evidence and that they had now reached
mat point where they should have tho
law 10 be applied. II read them to the
jury IN toto.
Commonwealths Attorney Holland
minutes, in which he annou1ccd' Lu,
very briefly. the propositions which ne
proposed 10 subsiar;n;c and ,lahorat..
IN his closing argument. He said that
the accused had not accounted for GONE
road taxes. dog taxes and unnesess,d
taxes, and by Bains report he mad not
accounted for s5.55l.55 He would also
endeaVor TO show n ionious intent
which was necessary for conviction The
payment 10 the Town Council of Sc G4l9S NJ
ne said. was an indirect admission OF
m!sapproprIt!on and felonious intent
He implored the jury to rise above enmi-
ties. 10 try acco; ding to tn, evidence.
ana TO make just and true deliycrauce.
Col. r. T.. 30ykin opened for the de-
Tense and made one of the most beau
tiful pleas ever heard in a Suffolk cou,,
room. He was at once entertaining. el5-
Quent. argumentative and logical. Ills
manner q times bordered on the dra-
matte. Again. he would indulge in rhet-
orical flights and word paintings ;ha,
wers most Impressive. ana almost mag
netiZed his hearers.
He complimonted the jury upon their
attention throughout, stating that he
never saw twelve men IN jury box
scru;inlZinG' the 'vidence more closely.
He also impressed upon them relpousj-
hility and the gravity OF the charge
which they were sworn TO consider.
The speaker said the def nsc had been
summoned w.ti' a loud noise to answer
the charge of cnbczZlement the evidence
to substantial which had melted away
like mist before rising sun. The Com
Attorney was complimented
on his diligence In presenting the cas-
He had, how ever, most siGnaliy failed i'm
making out his case. The arms of the
Commonwealth had been extended TO
gather in evidence with which TO en-
twine a mesh around the accused and
evidence had been brought in and uues-
tions asked whether admissible or NOT
The Commemorative Attorney had no
pounded Yuc1tlonS which should have
caused a blush of Shame 10 mantle his
to prejudice the Jury.
He said he would not reflect on the
court. but In all the criminal records ho
n Yer knew man To be called upon 10
bear such burden as the accused. Not