The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1897-04-23
AT THE BAR
The Celebrated Hoagland
Case Comes to an End
by the Aquittal of
the Accused. 5i-
An Able Charge to the Jury by Judge
Wright, Which win Go Down in
History as Able Rulings. 4. 4

Clay Mfg. Co. under false pretense
was before Judge Wright the pas
seven days of court, and close,
Tuesday evening by the acquitta
OF the accused. The able charge o
Judge Wright is so much compli
mented and discussed among tn,
attorneys and citizens that we fee
1t due our readers and the publ,
to publish the charge in full. /
contains much information, law
definition and rulings that will gt
down as history and court decis
ions of Importance. The following
is the charge:
Gentlemen of the Jury:-You
have listened to a statement of this
cause at its opening by counsel for
both the State and the defendant
You have heard all of the evidence
In the case as 1t fell from the lips
of witnesses, and was read from
dispositions and other written pa
pers. You have listened attentive-
ly to the arguments of counsel, in
which each has presented to you
his views of this case.
IL now becomes my duty as the
trial Judge, in addition to the
special charges which / have given
you prior to the argument, to in
struct you in such matters of law
as 1 deem important, which you
will apply, to the facts as adduced
before you. You will thereby be
the better enabled to arrive at
rational and correct verdict In this
case. rri .aag .7r oe-le
Counsel on both sides have seen
proper to give their views of the
law, in your presence, to the court;
but II is the exclusive province of
the court TO instruct you as to the
law Of the case, and inasmuch as
the entire charge Of the court Is in
writing, If you have any doubts as
to what the law is, applicable to
this case, you will turn to the
special and general charges of the
c0urt,and there find it.
1t is your duty to apply the law,
after receiving it, as given by the
court, whether II meets with your
appreciation or not. While the
court Is the exclusive judge of the
law, the jury are the exclusive
judges OF the facts; with these
facts the court, at this time, has
nothing to do. The court may not
trespass into the domain of facts,
which as l have said, belongs for
consideration to the jury alone. 1t
Is not proper that the court should
at this time give even the slightest
opinion as to the truth or falsity of
any Of the evidence to which you
have listened in this case. |
The defendant, w. III. Hoagland,
was indicted under Sec. 7076 of the
Revised Statutes of Ohio, which, so
far as it applies to the defendant in
this case, under this indictment,
reads as follows:
"Whoever, by any false pretense,
with intent to defraud, obtains
from any person anything of value
x X x shall, il the value of the prop
Gritty 30 procured Xxx is Thirty
five Dollars or more, be imprisoned
In the penitentiary not more than
three years nor less than one year;
or, IL the value is less than that
sum, be fined not more than One
hundred nor less than Ten Dollars,
or imprisoned not more than sixty
nor less than ten days, or BOTH"
At the September Term, 1896, of
the Court OF Common Pleas of this
the indictment in this case
was found by the Grand Jury of
said County, and fled in court, ac-
to law, against said defend
ant.
This indictment alleges, in sub.
stance, that the defendant on the
9Th day of February, 1896, with
force and arms in said County OF
and State of Ohio, did un-
lawfully, feloniously and falsely
with intent to defraud, to
the Logan Fire Clay Company, a
organized under the
laws of Ohio, doing business in
County, Ohio, that two
certain pronlissory notes then and
there produced by the said Hoag-
land, defendant, and delivered t.
the said Logan Fire Clay Company
lone for Three thousand Dollars
and one for Five thousand Dollars,
each executed by NJ w. Sim0ns
and endorsed by The La Toilette
Coal Il Iron Company, Harry M.
La Toilette, +. q. Helm and w. ii
Hoagland, and payable to The La
Toilette Coal a Iron Company,