Akron daily Democrat. [volume] (Akron, Ohio) 1892-1902, 1900-05-15
One Of Most Effective
Ever Heard In Court.
Judge kohIer's Charge Now
Being Delivered
And the Case viii Soon be In the
lury's Hands,

At the hour of going to press Judge
Kohler was delivering his charge TO
the jury in the CARRIER case.
Prosecutor Wanamaker closed for
the state. His argument WAS one of
the strongest ever heard in the court
house. His very heart seemed to be
in his plea. 1t was generally conceed-
ed that it was the effort of his life.
Mr.. Wanamaker, like the counsel for
the defendant, called the courts atten-
ton to the legal status of the case.
The prosecutor followed the ordinance
through it's different stages in the
hands of the Board of City Commits
sioners and the City Council He held
that inasmuch as the Commissioners
had withdrawn their approval that it
was necessary to have it reapprOved.
I'VE believe that was the theory of
the defendant" said Mr.. Winamaker,
land that was the reason that he went
to Mr.. McGarry, whom he knew op-
posed the franchise"
The prosecutor held that it was not
material that the proposition Of a
bribe be accepted. He cited several
authorities TO support his statement
He claimed that the crime of bribery
is complete as soon as the offer is
made. I'VE hold that an offer unac
cepted and even refused. Is bribery and
I believe that the court will so hold in
bis charge to the jury.
1.-The defense claims that the defend
ant was induced to commit crime.
The prosecution denies this, and sets
up the fact that men We're. there to
hear what was said provided crime
was uttered. Coming to the question
of character, submit that 1t remains for
the jury to decide whether the question
of good character has been establish
ed"
Addressing himself to the jury, on
facts. Mr.. Wanamaker continued: 81
congratulate you upon reaching the
close of this case. You nave been Sc,
lected and SWORN 10 hear and decide
this case according TO the evidence.
Many years a great lawyer and
statesman, Daniel Webster, opened an
address like this. When the mariner
has been tossed for many days upon 81
thick sea, he ayails himself of the first
sun and ascertains his true latitude
Let lis take this example aud try TO ar
rive at the real issue in this case
What is the title of this case. Is 1t w.
Il. Xoung against III. G.. Garbcr? II is
the case of the state. against MIR. Gar
| Ter.
"If what they have said is true of
| w. z. Young he ought to be disbarred
and If they are sincere in their charges
they should begin proceedings instan
| ter.
"What is crime? That is what we
are prosecuting. Crime, The law says,
is any wrong, injurious and harmful
10 the public. There may be n person
al crime commmitted as n murder, an
assault and others peculiarly personal.
| There is also a class of crime aimed
at public justice. Whatever property
you have is valuable because the' law
throws about it it's protection. II there
is one class of crime that should re-
ceive most careful l,conscientious at
tenton of jury it is in case of this
nature or what we call against public
justice. This is a case of bribery and
what are the movements of bribe Of
ferer? Does he come 10 you in a pub
lie place? Does he come with a brass
band? Does he advertise his coming
in the newspapersG No. He even
sends some one else to you, at first, and
finally comes TO you under cover. How
are you going TO charge him with it,,
He VIII swear he didn't offer a bribe,
and you will swear he did. 1t Is the
case of one man against another, and
Il may he that both heretofore have
borne excellent characters.
"They say that spying, eayesdrop-
ping is an awful thing Can YOU think
of another plan whereby you can lay
your hands upon "A man who has un-
| dertaken TO corrupt public servant?