The sun., 1898-12-17

jlgEMDEN IJ ! 1910
Of that bank pursuant TO an improper
and illegal arrangement or understanding
between himself and the defendant.
With respect to all the alleged fraudu-
lent checks the negotiations testified to
in the case took place Letween TIE de-
fendant and William N. Boggs, exclu-
sively. Why did not the defendant
with the knowledge Of the evil habits Of
William N. Boggs. and Of the
fact, il he remembered it-and that,
Of course, you will determine-that he
had committed defalcation at The
First National Bank of Dover, deal with
Boggs without making suitable inquiry
as to his fidelity. In view of these cir
cumstances which is the more credible,
the statement of William N. Boggs or
that OF the defendant? If the defendant
believed that Boges possessed sufficient
means to meet the checks drawn by the
defendant for the use and advantage OF
Boggs, why did he draw those checks,
instead of leaving Boggs to apply his
own means for his own purposes? The
defendant testified that he did draw
such checks for the use and benefit OF
Boggs because Boggs did not want to
have his, Boggs', checks passing through
The First National Bank OF Dover.
Would or would not such request have
called for an explanation on the part Of
William N. Boggs. and if SO, it is for You
to determine Of what nature it might
hovo hoov if mo1o
The highest judicial tribunal in the
country has used language peculiarly
adapted to guide you in the discharge Of
your duty in this case, as follows:
zone of the main objects of jury
trial is to secure to parties the judgment
of twelve men OF average intelligence
who will bring to bear upon the consid-
Grafton of the case the same common
sense which is supposed to characterize
their ordinary daily transactions.
With respect to the two conspiracy
counts, being counts numbered one and
five in consolidated Indictment part 2, il
is neces sary to speak to you very briefly.
Under section 5,440 of the Revised Stat
utes OF the United States as amended, 8
corrupt combination of two or more per
sons by concerted action to commit an
offense against the United States is 6
criminal conspiracy, and when followed
by any act or acts on the part of all OF
any OF the conspirators to effect the Oh
ject of the conspiracy, is punishable al
such. The corrupt combination need
not be established by any instrument o
writing, or formal use of words. A
mutual understanding between the con
spirators is sufficient. The conspiracy
alleged relating to the commission of ar
offense under section 5000 of the Re
vised Statutes of the United STATES, which
has hereinbefore been dealt with, th
evidence to establish an offense under
section 5000, adduced in this case is ap
plicable to the conspiracy counts as ia
as it goes.
:; 1t is proper that I should add tina
your verdict should not be controlled b.
contradictions on minor points shoult
any such exist, provided the evidence
taken as whole, after making all du
allowance for any such contradictions
leads you to fixed conclusion of tn
guilt Of the defendant. If the evidenc
SO taken shall not satisfy you beyond
reasonable doubt, as already defined
that the defendant is guilty, he shoul
be acquitted. If, however, the evidenc
does so satisfy you beyond REASONABLE
! doubt, your verdict should be guilty.
A criminal case involving much test
mony and many facts should not be d.
, cided upon the probability or improt
ability Of any one point singled out
r the evidence; but proper decision RI
quires due consideration to be given
, all the evidence, direct and circumstar
> tial, in the case.
!, Gentlement, I need hardly remin
you that you are fully to understand ths
all intimations or expressions of opinio
i. by the court upon the evidence in tn
case or deductions to be drawn from i
: while intended to aid you in reachin
Y proper conclusions, do not in the leat
!. control you in arriving at your verdic
a You are the sole judges Of the credibilit
. of witnesses, the weight to be given
l their testimony, and the weight an
2 effect of the evidence, whether oral {
: documentary. While it is the exclusiy
function of thee ourt to present to 70
8 the principles Of law applicable to th
Q case, it is your exclusive function to pa
t upon the facts and the evidence pm
l reach conclusion, subjuct to the primo
r Piles Of law as represented by the cour
t The court has been requested to Civ
: you instructions on number of point
: Of law in the language employed by coul
:, sci in the case. The charge OF the Icou
/ embraces in substance all the propos
:, tions suggested by counsel in so far {
those propositions are, in the opinion (
: the court properly applicable to the cas-
t Your verdict should represent tn
: opinion of each member Of your bod.
v after an intelligent and constellation
t comparison and consideration in tn
, jury room Of the views of the individu'
8 jurors. Your investigation of the ev
+ dence should be marked with due d.
y liberation and your minds should n
/ main open to conviction by argument
which commend themselves to yor
e judgment. The very object of the jur
r system is to secure unanimlty throug
+ comparison OF the views and throng
1 arguments among the jurors themselve
J, If large majority of the jurors after d.
i liberation in the jury room, differ in the
q conclusion with the minority, it is propt
:, for those composing such minority, i
: view of the fact of such difference, to n
n view the grounds of their own concll