The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1898-12-19
ACQuTS JOHN FITZGERALD
NO ATTEMPT TO USE IMITATION {.
s. BOND TO DEFRAUD.
Alleged Criminal Infrnf s"s sss'h"-
Ifshed--Jadse Hsnford's Instrnc-
ton to Grand Jury Model Pre-
seutation Of Law In the Ease

The grand Jury in the Federal court Sat
urday brought in verdict o< acq3lttas
for the defendant in the case OF the nIted
State against John F~tzssraia, charged
with having had ia his fs3ssessa9 a seGhf-
fty resembling IN apPss rance Jnlt~a
Stats government bond, win intent 10 oe-
fraud The verdict vas rot unexpected os
Dfstr1-t Attorney Gay who was unable 20
establish the fact thai Fitzgerald na1 the
paper with intent so deSrAad, though us
sirnilitu8a 10 a United States security was
conciussvely proven ~ competent tests-
upony The case was Undertaken al the IN
stance Of the s5lle.t0r OF the United States
treasury, who wa AK OTIS to have d clear
ruling In the matter az a precedent FOR sim
Har cases.
Judge HanforJs Instructions 10 the grand
fury Ia this case are considered 70 be the
clearest presentation Of tfs legal aspsets
Of tbs matter yet given out IAany court
District Attorney Gay said Saturday that
The definition 81 the law and OF the various
ciFcums tances under which such al III
dictment could BE- sustained, as laid down
by Judge Hanfora. Is highly satisfactory
10 the government and covers every point
THAI could coma up In ease ~ tnis KIND
The Instructions 81 fuii are a. follows.
Law OF the Case.
Gentlemen Of the jury This ~lse Will
be submitted 70 yoL ROW for your decis-
Ion as 10 the general question of whether
the defendant II guilty or not g1lty 81 the
offense CHA rg.3 against him III TIE indIct-
nent In determining this question you
will Diet erTnIut first from the evidence Hhat
the facts are aud then apply the faciS
as you find them a. tie law as given you
by the court, and ia that Way reach
c0ncllIsi
This Indictment H. founded upon section
s43o OF the Revised Statutes ef the United
States. which provides. among other
- MI
possession or custody, except under auth
ority from the secretary of the treasury
or other proper officer any obligation or
other secuyity engraved and printed after
the siTniiitlde Of any obligation or other
security issued under the authority OF the
United States. with intent 10 sell or other-
wise the same. shall De guilty Of an
offense and be punished "a The statute
provides
Now. under that law II ia an offense
for perHon 10 have possession al an
obligation or security. unless ne - acting
under authority OF the government, IL that
obligation ar security Is printed or en-
gfavcd in the simlitgde. or likeness, of
any Of tho governments obligations or
securities provided his possession is with
intent 10 seh IL or TO make any other
use Of II. Now you viii understand from
this statement that 1t makes difference
how the person came into possession.
Whether tie made Il. or bought it, or
found 1t, makes no difference. II ii is a
guilty thing IA thing that is prohibited by
law. and he has II ia his possession and
retains II. with the intent ~ make
Of IL. 1t is a violation 81 tiis statute. The
intent must Ia criminal intent An in
tent 10 s,sl Ii or 10 make some profitable
uS@ OF u 81 AZ t. make a profit 10
himself out Of tt. is the kind 81 an intent
that is necessary aa an element OF the
crime 10 Justify a conviction
A Vital Point.
ITO warrant a conviction in this case 1t
must be found by this jury from the evi-
dense thai tbs piece OF paper introduced
In evidence is some sort 0f Obligation
OF security that IS, paper eVidenc,ng an
obligation Of some person or corporation.
or evi1encing al interest in property. which
would be regarded az a secur.ty-some thing
that secures a right OF some value and thar
II is printed or engraved in tho slmiitude Of
some obligation OF the government OF .he
United States. NON right here
Is vital point IN his case.
s SagA 4 r. b ia mutt nt be eaFsta a to Soo
- take 10 your jury room, and IL IL for
you TO determine The question. as =,i0n
OF fact, whether ~ not that printing or the
engraving on THAI paper ~ In the sim,l-
tuae q any government obligation or gov
ernnoRt security. II You find e To be So,
II that IS your best Judgue inland the
unanimous verdict Of this jary then one
OF the important facts in the case Will he
determined against the defendant. II II
does not appear so you that q - in the
smltude OF any government obligation or
security. that fact viii i,s determined ia
favor Of the defendant. and u you deter
NINA tlstt IN favor Of the defendant YOU
must aclMt him without going further
NOW. the simCitude must he m sucn a
degree As 10 furnish 2 resemblance 50 near
10 Inc government hiIeauuns or securities
that IL could &c used t. deceive a psrSoU II
ordinary Intelligence. who IS acting NTH
ordinary care IN a bushes transaction. tAe
resemblance is sufficient Tor the purpose
Y YOU believe that il would probably sit-
ceiVo a person taken unawareS. Who ia en-
gagged Ia dealing With person whom Ae
helievsi sas acting honestly. aud Il it could
D. 50 used az t}H~t person 81 tl.at KIND