The sun. (Wilmington, Del.) 1897-19??, 1898-05-15


reason to believe when he drew t,,os,
checks that they or any OF them were ~
be fraudulentsy paid BY the teller ont y, W
the funds OF the bank and not out of INV ",
funds to which he, the defendam;
could iegitimatelv resort, he bai
the guilty intent. And althongb
It may have been the intent of thn H.
lfendant at the time he drew the alleaa1
fraudulent checks to finally reconna5 9su
or prevent injury resulting from his act
to The First National Bank Of Dover
such an intent to correct the wrong dono
does not absolye him from guilt. Vnr
would the fact, if fact it be, that ba
hoped, through successful operations in
STOCKS or other property, to be placed in
a position to restore to the bank monovs
fraudlently distracted therefrom thro,,gh
his wronful act, be any answer to t5a
charge of cIiminality. No man Is NOR.
mitted to aid or abet the abstraction or
misapplication OF the funds of national
bank because he hopes in the future to
repair his wrong.
An intent to injure or defraud a M
tional bank under section 5000 of tho
revised statutes of the United States
does not necessarily involve malice or
vi will toward the bank. 1t is sufficient
that the unlawful intent is such that il
carried into execution will injure or do.
fraud such bank. The law presl,p es
that every sane person who had obtained
the age OF discretion contemplates and
intends the ordinary and natural CON
sequences of his own acts
1t is wholly immaterial in this ease
whether the money taken from the iunds
of The First National Bank of Dover and
applied to the payment Of the ALLEGED
fraudulent checks or any of them was 50
taken Tor the sole use, benefit and advan-
tage OF the defendant, or for the benefit
and advantage of the defendant in con-
nectlon with others.
In number of the counts of the in
dictment remaining open for your con-
slderatlon more than one alleged irandu-
lent check are set forth. 1t is not nrcrs-
sary to a conviction on such counts set.
ting forth several checks that there shall
have been proof submitted to YOU in re-
lation to each of them; but if anv one
check as set forth in any count Of the
indictment has been proven to your salts
faction yuu may find verdict of guilty
on such count, provided you are satisfied
OF the crlminalty of the transaction
under the law as heretofore laid down to
you. The fret that the number of checks
set forth III any count does not CORE
spond with the number OF checks proved
to your satisfaction will not of Itself
prevent you from returning verdict OF
guilty.
The court has been requested to give
you instructions on number of points
OF law in the language employed by the
counsel IN the case. The charge OF the
court embraces in substance all of the
propositions suggested by the counsel
in SO far as those propositions are, in the
opinion OF the court, properly applicable
to the case.
Your verdict should represent the
opinion of each member Of your body
an intelligent and conscientious com
parlson and consideration in the Jury
room OF the views of the individual
Jurors. Your investigation of the evil
dence should be marked with due de-
liberation and your mind should remain
open to conviction by arguments which
command themselves to your Judgment
The very object of the jury system is to
secure unanmitv through comparison
OF views and through arguments among
the jun ors themselves.
II large majority of the jurors after
dellberatipn in the jury room differ in
their conclusions with the minority it is
proper for those composing such
minority, in view of the fact of such
difference, to review the grounds of their
own conclusions in order that unanimity
may be reached. But no juror should
acqnlesce against his individual iudg-
ment in the conclusions reached BY
other jurors whether constituting ma
jority OF a minority of your whole body.
For your verdict must represent the real
opinion and Judgment of each member
OF the jury.
The guilt on innocence of the defend
ant is to be determined by you as intelli-
gent and conscientious men upon the
evidence adduced in this case and upon
that alone. A grave and solemn respon-
s;pllltv rests upon you. No public
clalnor, no sentiment Of hostility or SYM
pathy, no consideration of consequences
winch may result from your verdict,
should be permitted in any manner to
influence your deliberations or control
your verdict. If upon all the evidence
III the case, including that relating to
good reputation for honesty and integ-
rlty, you are not satisfied beyond rea-
sonable doubt Of the guilt OF the defend
ant you should acquit him. But if upon
all the evidence in the case you are sat
lshed beyond a reasonable doubt that
the defendant is guilty in manner and
form rs he stands indicted, you should
return verdict of guilty. Ii you shall
ma a verdict of guilty it may be a gen
era verdict of guilty or u verdict of
guilty as to all or any Of the counts now
III the indictment as the evidence shall
warrant.