The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1897-04-23
THE NI.WREK1Y OHIO DEMOCRAT FRIDAY APRIL 49, 1897


I property OF said Fire Clay Com
8 pany. The alleged value OF none.
: and brick are set forth in the IN
dtctment but you are not boun,
! by such alleged amount of none.
| or value Of building brick; but ii
, case you find the defendant guilty
, you must be governed by th'
} evidence in determining the value
| may say here, that the question o
the one thousand dollar note re
ferred to. in the special charges
I cannot be considered by you a:
forming II part Of the two thousand
dollars in cash alleged to have
been secured by said Hoagland.
| lfyou find that no such repre-
sentations were made by said
Hoagland to said Company, or its
authorized agent, N. w. Hamblin
and no building brick or money OF
said Company was secured by
said Hoagland from said Company
IN pursuance of such representa-
tions, then you will look no further
into this case, and return verdict
of not guilty.
But, If you shall find in the
affirm ative on the above PROPOSE
tions, y, II will then go further and
ascertain whether in fact the said
representations, as aforesaid, We're
false at said time, as to the finan-
cial responsibility of said maker
and endOrsers of said notes, and
whether the said defendant, w. FL.
Hoagland, at the time of making
said alleged false pretenses, knew
them to be false.
The most important matter for
you to consider In this case is the
intent, on the part of the defendant
ut the time he is alleged to have
made the false representations and
obtained the money and brick OF
the Clay Company, which carries
with 1t, and includes as part there
of, hi. Knowledge as to the truth of
the representations he is alleged
to have made, as to the financial
condition and solvency of the
maker and endorsers of these notes.
a false pretense within the
meaning of the law, must relate to
past event or an existing fact.
In the absence OF express declar.
ations of an accused, as to his
knowledge or intent, in making
alleged false representations, in
cases like this, 1t is almost impossi-
bic TO read the thoughts or motives
which may, or may not, have i'm
PEELED him TO make the false repre-
sentatl"ns. No human power or
scientific research has yet been
discovered by which the hidden
thoughts and secrets of Il human
heart can be interpreted, free from
doubt rs to their real import and
So, gentlemen, you are charged
with the duty of gathering the in
tent which was in the mind and
heart of the defendant OH he 5th
lay of February, 1896, from the
chole cUidenre in this case.
What knowledge did he possess
At that time? Did he know that the
representations he WAS making to
Hamblin were false? Was he per-
'onally acquainted with the maker
md endorsers of said notes, and o..
he property which they had at that
lime, or was his information at
hat time of such character that
le believed in good faith and had
rood reason to believe, that the re-
which he says he
made, as to the solvency of said
parties, were true? From whom
lid he get this information Was
t of such trustworthy character as
o impress him as man Of ordinary
business intelligence that he was
Justified, under all the Circumstance
's in the case, to make the repre-.
entations which he says he did
make, to IIamblin? Was he the
'ictim of Helm, or was he such an
Ultimate associate, clothed with
uch knowledge, as ought to have {
ut'him on his guard as Helms
gent?
The question is solved, largely,
" determining whether Hoagland
cted in good faiM under the cir
AMI IN the light of the
nfurmation which he possessed at
hat time; and whether he did what,
md no more than, an ordinarily
man would have done, un-
Ter the circumstances. In the alb
ence of pOsitiUe epidence as to his