The Ohio Democrat. (Logan, O. [Ohio]) 1886-1906, 1897-01-26


return the same to the bank with
proper interest, uses 1t In his own
business or invests 1t IN the bust
ness OF Arm or corporation, o
which he Is n member, and l. Il
lost without any fault or fraud OH
his part, he 10 not guilty OF embez
element and under such circum.
stances the defendant must be nc
quilted.
That the mere use of the money
Of the bank aud the admission by
the defendant of Indebtedness
therefor, is not sufficient evidence
to Justify or sustain verdict OF
guilty of embezzlement, for the
reason that such use may have
been made or Indebtedness created,
under such circumstances AS would
indicate not only an intention to
repay and reasonable expectation
of so doing, but showing no inten-
ton TO defraud said bank, or any
unlawful conversion or appropria-
tion Of such money.
That If the jury fin from the
evidence that all loans made by de-
fendant as President of the Peoples
Bank to the Motherwell Iron &
Steel Company have been collected
and paid in full, then such collec-
ton and payment rebut ali idea of
conversion, and intent to defraud,
and in so far as such funds are con
cerned, their finding must be for
the defendant.
CHARGE TO THE JURY.
Gentlemen Of the Jury:-The in
dictment in this case charges that
Lawrence a. Culver late Of UOck.
ing county, on the 3Oth day of June,
in the year of our Lord one thous.
and eight hundred and ninty-two,
with force and arms, in said county
of Hooking and State of Ohio, be-
ing then and there the President
and Agent of The Peoples Bank of
Logan, certain partnership there
tofore formed at the village of Lo.
gan, in said county of Hooking, and
State of Ohio, for the purpose of
and which was then and there
carrying on a general banking, de-
pOsit, loan and discount business,
with capital stock of fifty thous-
and dollars, divided into shares of
one hundred dollars each, and the
government of which co-partner-
ship aforesaid was, by its rules,
vested in board Of nina directors;
which directors aforesaid, duly
elected and empowered under the
rules Of the partnership afore-
said, had, prior to the thirtieth day
of June aforesaid, duly elected, ap-
pointed, and employed the said
Lawrence A. Culver as the Presid-
ent and Agent Of The Peoples !
Bank of Logan aforesaid, and by
virtue of the employment of said
Lawrence * Culver as President
and Agent Of the said The Peoples
Bank of Logan, as aforesaid, there
came into the possession of him,
The said Lawrence n. Culver,
money of the amount and value Of
thirty thousand dollars, the prop
epiy of the said The Peoples Bank
Of Logan as aforesaid, he, the said
Lawrence A. Culver, then and there
unlawfully and fraudulently did
embezzle and convert to his own
use, without the consent of the
said The Peoples Bank of Logan,
then and there the employers of
him, the said Lawrence A. Culver,
as aforesaid, and without The con
sent Of the said Board Of Directors
Of the said The Peoples Bank Of
Logan, or Of any Of the said direct
Drs thereof; he the said Lawrence
a. Culver, being then and there the
President and Agent of the said
The Peoples Bank Of Logan, as.
and not being a person
within the age of eighteen years,
aud not being an apprentice, con
-rary TO the form of the Statute in
such case made and provided, and
against the peace and dignity Of
u State of Ohio.n
TO this indictment the defend
ant, Lawrence a. Culver, has plead
I'd not guilty, and this plea of not
guilty puts in issue each and all Of
he material allegations of the in.
lictment, and imposes upon the
State the obligation and duty of
proving, by the evidence, beyond
III reasonable doubt, the truth of
Zach and all of said material allega-
ions of the indictment.
The Indictment itself is not evi
lence ataII OF any allegation there ,
II set forth, but Is only "A formal ;
accusation against the defendant
# the purpose Of putting him upon
rial, according to law, upon the !
question Of his guilt or innocence
f said alleged offence. /
BY humane rule of the law, the {
lry Is bound to presume that the '
defendant is Innocent OF said alleg- |
d crime, and this presumption OF '
is Innocence thereof accompanies !
he defendant throughout the trial :
ntil 1t shall be overcome, if i
vercone AT all, by such quantity 5
nd quality of evidence as shall g
aiisiy the jury, beyond any reason t
bic doubt, of the guilt of the accus. q
d of said alleged offence as he I
tands charged in the indictment. =
n the absence of this full measure "
convincing evidence-c0nvinc- -
r Ia thn Innroa ,,hnx,n aI.t.l