The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1899-05-06
A SEALED VERDICT.
Result Of the Floral Case Not
Public Until Today.
Jury Were Out All the Afternoon Be-
fore Agreeing.

In the United States court Friday fore
| noon the arguments were made In the
Fairfield Floral Co. case, Attorney Gen
eral Haines and District Attorney. Dyer
making the arguments
In charging the jury Judge Webb said
that before coming to discu ssion of law
and evidence 1t was important that he
give instructions on matters of criminal
law and practice. The first thing to re-
member was that the party accused was
not obliged to exonorate himself. He
has a right to counteract the argument
Of the government and destroy its evil
dence; he had right to sit back and say,
"You are to prove the charge" The jury
were TO weigh the evidence and facts
alone On rules of law the jury must
rely implicitly on the court,
All persons were presumed to be inno-
cent and to have good moral character.
III the defendant relied on this alone the
government might not assail 1t but II he
introduced evidence TO support bis char
acter the government might assail 1t.
In considering his case the jury must
remember evidence as they had heard it.
Judge Webb then read the law relating
to schemes or articles TO defraud by the
use of tho mails. Two things must take
place to break this law.
l. Deyising scheme or artitce to de.
fraud.
=. Ehocting suoh scheme through the
post oflice department
Tnis law did not punish an artifics to
Getraud unless there was an attempt to
carry it out through the mails.
1t was incumbent upon the govern
ment to prove rhBt George F. Terry
Miss Mari and others. This must be done
beyond reasonable doubt. Then the
Jury must lie satisfied beyond a reason
able doubt that this scheme was operated
through tae post office, by depositing
letters for Miss Mari, Mrs. Moores and
others. 1t was not necessary to prove
that fraud was accomplished, but only
whether o. not the defendant devised
scheme to fraud and attempted to operate
it through the post Office. The question
is whether he tried to Induce people. by
promise of employment, to forward sums
of money, when he did not intend to give
employment The amount of the money
taken was immaterial. 1t might be four
cent?, IS cents, s. or $40. The govern
ment contended that by getting small
sums from many people the defendant
intended to make fraudulent profit.
Tie defense, however, held that 1t was
legitimate business.
Witnesses had testified that Mr. Terry
devised and managed the plan. There
seemed TO be no doubt of this whatever
the plan WIS There would also seem
to lie no difficulty in determining tha.
letters were placed In the post office in
furthernre, of the plan of business. As
to tho nature of the plan of business. the
jury must decide by the evidence.
In conclusion the judge advised the
jury to be swayed by no prejudice, to re-
member that the burden of proof was on
the government, and that the uncontra-
oicted testimony as to the defendants
coed character was in confirmation of
the laws resumption.
to their room where dinner was served to
them. The jury remained in all the after
neon while the crowd of those about the
court room continued. Many of the wit
nesses were Obliged to remain as they are
held for ether similar cases. There are
three or four other Indictments against
Mr.. Terry, and also indictments that In
clude other members of the Floral cumpa-
ny. 1t seems probable that some of thess
cases will be tried.
About 6 O'Clock Judge Webb, who had
been waiting for verdict, went home
leaving directions that if the jury should
agree they should seal up their verdict.
Not long after O'Clock the jury did
agree and left their verdict sealed ac-
cording to directions. OF course this yer
dict cannot he known until this forenoon