Evening journal., 1901-12-20
WHAT WILL
VERDICT BE ?
Continued from First Page)

cause, by his attorneys, prays the court
to instruct the jury in said cause as fol-
lows:
That they find a verdict Of not guilty.
The offence charged in the Indictment
in this cause is purely a statutory one,
unknown to the common law, and the
statute must be construed strictly both
In its words and spirit.
That no irregularity, ignorance Of the
law, illegal act, or even reprehensi6Ie
conduct, short Of a false pretence, CON
cocted purposely with the intent TO de-
fraud, is sufficient to warrant q convic-
tion under this indictment.
That in order to constitute the statu-
tory offence Of obtaining money, etc, by
false pretences the following requisites
are necessary and must concur:
The pretence must be a false represen-
tation as to some past or existing fact or
circumstances, and not q mere expression
Of opinion, or a promise.
The false pretences must be proved as
laid IN the indictment. The gist of the
offense Of obtaining money under false
pretences under the statute OF this
State, is the intention 10 cheat and de-
fraud unless in this cause the intention
TO cheat and defraud as laid i'm the in
dctment is sufficiently established by the
evidence to the satisfaction Of the jury
beyond a reasonable doubt, the defendant
is entitled to a verdict OF not guilty.
The question Of intent is not a pre-
sumption of law, but a question which
must be submitted by the court to the
jury. Being a secret operation of the
mind. Il can be ascertained only by
the acts and representations of the
party.
That they must be satisfied by the
evidence in the case beyond a reason
able doubt that the alleged false pre-
tense was not only relied upon the said
Horace G.. Rettew. from whom the
money Is alleged to have been obtain
ed but they must be satisfied beyond
a reasonable doubt that It prevailed
upon him, that IL was the moving
cause that his mind was affected by
it, and that he parted with the money
induced by 1t and believing in its
truth. before they can convict this de-
fendant
That if they believe that Horace G..
Rettew was not induced by the pre-
tense laid in the Indictment or would
have paid the said order If the pre-
tense had not been made, then their
verdict must be mot guilty" II they
believe that the said order was cashed
simply because IL was issued by the
Levy Court and presented TO the said
Horace G. Rettew as a valid order for
payment and not because of the pre-
tense, they cannot convict the defend
ant
That il the defendant Obtained the
money alleged in the Indictment with
out making any false pretenses to
Horace G. Rettew. he being ignorant
of the same, their verdict should be
not guilty.
That the false pretense must be suf-
fciently proXimate to the obtaining of
the thing in order to make IL indict-
able, and therefore if IL be too remote
or was not the direct cause of the OBJ
tanning Of the thing the offense is not
committed.
That the alleged false pretenses
charged in the Indictment have been
made TO George ID. Kelley, and the al
legged cheating and defrauding having
been practiced upon another person IA
wit Horace G. Rettew, the fa,se pre-
lenses were not sufficiently proximate
10 the obtaining OF the money to war
rant the jury in convicting the defend.
ant.
"The defendants prayers repeat the
I.m
NOT apply to the county government
That before the jury can convict
under this indictment. the identity OF
the money must be established by such
proof as will individuate it from any
other money.
Ihat II 10 appears to the satisfaction
OF the jury that at the time the de.
tendant obtained the money that the
Levy Court was indebted TO the defend.
ant for work and labor done TO the
amount OF said bill. then their verdict
should be not guilty.
That the law presumes that the de-
fendant is innocent. and no public
ciamor nor even the fact that the
grand jury has found an Indictment
AGAINST him rebuts this presumption
ihey may only find a verdict Of guilty.
upon sufficient competent evidence.
PRAYERS We're also made as to rea.
sonable doubt and the necessity ol
proving every material point in the all
legation.
That they must consider the eyi.
dence Of the defendants good charao.
ter and in this case, where the intent
with which the defendant obtained
the money, is a very material element
OF the charge against him. that evi.
IDENTIFY is entitled to great weight"
YESTERDAYS PROCEEDINGS.
There was perfect quiet in the oour.
room yesterday afternoon when lew
9. Bird. senior counsel for John Lynn
arose TO address the jury in behalf o1
the accused Levy Court president
There is an old saving. gentlemer
Of the jury said Mr.. Bird, that ON,
side OF a story is all right until thf
other side has been told. / think that
You will agree with me when this de.
lendant closes his case that this de,
iendant has been wrongfully indicted
on the charge Of defrauding tn,
County Comptroller or County Treas.
urer Horace G. Rettew. In substance