The sun., 1898-06-25

seDtial ingredients of the offense ALLEGED
against tlie defendant under sectien.
500 and 5i40 Of the United Siatss IA.
vised Statutes. But an intent Ia inin,a
Or defraud national bank within tle
nearing OF the former section or uf the
latter section as applied to the case al
| national bank, does not necessarily in.
rolve malice or il-will toward the LanE
1t is sufficient that the unlawful intent
's such that il carried into execution il
will naturally defraud such bank. The
law presuines that every sane person
whp has attained the age OF discretioD
contemplates and intends the ordinary
and natural consequences cf his own
acts. The unlawful abstraction or vii.
fuI ml,appIication OF the funds Of a bank
for the purpose of employing the
same III speculation in stocks or
other property involves the intent
to injun or deiraud the bankl
denounced by tie law. 1t is wholly i'm
material in this case whether the money
taken from the funds OF The First Ma.
tionai Bank OF Dover and applied to the
payment of the alleged four fraudulent
checks OF any OF them was so taken for
the sole use, benefit and advantage OF
the defendant or for the use, bene-
tit and advantage OF the defendant with
others. Ii appears from the evidence
that on or about MAY 20, 1896. the
account Of the defendant with T.. b.
Cuthbert q Co., was transferred to Will
liam n. Boggs. So far as the guilt or in
nocence of the defendant is concerned,
this circumstance is also wholly i'm
m II apt,oenI Al.
defendant vioiated the law as charged in
the indictment with respect to the alleged
four fraudulent checks or any Of them,
10 transfer OF the defendants account
with that company can absolve him from
the consequences of his offense. You
Will recall too the TncOntradicted testi-
monv to the effect that the account so
transferred became absolutely worthless,
and that the moneys alleged to have
been unlawiully abstracted or wilfully
mlsapplied for the purpose OF purchas-
ing stock Of the Bay State Gas Company.
became wholly lost to The First National
Bank OF Dover. The turning over OF
the $4,000 bond to The First National
Bank OF Dover does not furnish any de-
tense in this case, and is wholly inma-
terIal to its proper determination. Under
the counts in the indictment charging
the defendant with aiding or abetting
William y. Boggs unlawfully to abstract
or wlllnlly to misapply the moneys,
funds or credits OF The First National
Bank OF Dover, the drawing OF fraudu-
lent check by the defendant and his pro-
curing it to be paid by William n.
Boggs out of the funds OF the bank in
manner as alleged in those counts, con-
stitutes the act OF aiding or abetting
within the meaning of the law Under
the counts in the Indictment charging
the defendant with conspiring with Will
liam \. Boggs unawfully to abstract or
Wlllully to mlsapply the moneys, funds
or credits Of The First National Bank of
Dover, the drawing OF fraudulent
check by the defendant and his pfocur-
ing it to be paid by William n. Boggs
out Of the funds OF the bank in manner
as alleged in those counts constitutes an
overt act within the meaning OF the law.
The court has been requested to give
you Instructions on a number Of points
OF law in the language employed by the
case. The charge OF the court embraces
III substance all Of the propositions sug-
gested by the counsel in 50 far as these
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
after an intelligent and conscientious
mparison and consideration in the
jury room Of the views Gf the individual
jurors. Your investigation OF the evi-
dcnce should be marked with due de-
liberation, and your minds sholld re-
main open to conviction by arguments
which commend themselves to your
Judgment The very object of the jury
system Is to secure unanimity through
comparison Of views and through argrl-
ments among the jurors themselves. If
a large majority OF the jurors after de-
liberation in the jury room differ in their
conclusions with the minority it is
proper for those composing such minor
ity in view of the fact OF such difference
to review the grounds Of their own con-
clusions in order that if possible unan-
unity may be reached in accordance with
the principles of law heretofore laid
down. But no juror should acouiesce
against his individual Judgment in the
conclusions reached by other Jurors
whether constituting majority or a mi
a. - va .''i WHY D'iS. I'I youI
verdict must represent the real opinion
and Judgment Of each member of the
jury The guilt or innocence of the de-
iendant is to be determined by you as
intelligent and conscientious men upon
the evidence adduced in this case and
upon that alone. A grave and solemn
responsibility rests upon you. No pub
llc clamor, no sentiment of hostility or
sympathy. no consideration OF conse-
quences which may result from your
verdict should pc permitted in any m1n-
ncr to influence your deliberations or
control your verdict. If upon all the evil
dcnce in the case, you are not satisfied
beyond a reasonable doubt of the guilt
OF the defendant on one or more of
the counts of the Indictment open for
your consideration. and relating to one
or more of the alleged fraudulent checks
paid since April %, 1895, you should
acqnit him. But if upon all the evidence
in the case you are satisfied beyond
reasonable doubt that the defendant is
guilty in manner and form as he stands
indicted on some one or more of the
counts of the indictment now remaining
for your consideration you should re-
turn verdict of guilty. II you should
find a verdict Of guilty it may be gen.
era verdict OF guilty or a verdict of