Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1903-11-28
IS
FOUND GUILTY
After Three and One Half Days
Trial Carmean Embezzle-
ment Case Goes to Jury
OUT ONLY THREE HOURS
OUT ONLY THREE HOURS
State Felt Sure of Conviction, and
Defense Believed That Conviction
Could Not Be Had-Arsuments Con-
cluded at Noon, and Jury is Instruct
ed Before Recess.

| The case of the state VS.. N. A. Car-
mean, on a charge of en1bezzlemen'
was given to the jury at Il little after
noon today, Immediately following the
instructions of the court, which We're
given at the close of the arguments.
At 8: so o'clock the jury returned with
the verdict of guilty, as charged III
the Indictment A motion for new
trial was Immediately filed, and vii.
be argued Monday morning.
The evidence was concluded at about
1880 Friday afternoon. whsreupon the
defense renewed its motion to take the
case from the jury and instruct a ver-
dict for the defense. The court over
ruled the mosion, and the opening ar
gument of the state began. When
court adjourned the first argument on
behalf of the state was completed. The
argument of the defense was COM
menced this morning, and the closing
for the state began Immediately upon
the conclusion of the defense. The
state finished its argument at II. and
the court instructed the jury before
the recess was taken. Judge Burnhams
instructions were very thorough. and
fair in every particular. He called the
jury's attention to the evidence intro
duced by the defense to show that the
manner in which the business was
done by the Rhoades-Carmean Buggy
Company. thru the deee ndant as Its
president, was the same as pursued by
other companies thruout the country,
as shown by the evidence. The court
said that this manner of doing business
was not in Itself ills gal, and not in
any way contrary to the statutes, but
Il the jury found that there was spe-
scific direction made in the disposal OF
The money sent by RoeIner & Miller
and that 1t was appropriated by the
company thru the defendant, the latter
was guilty of embezzlement. The
cour, also instructed the jury about
wavering in their opinions of the de-
PENDANTS guilt. and said that II there
was any hesitation at all verdict
should not be returned. If, On the con-
trary, the minds of the jury were fully
convinced that the defendant had been
guilty of the crime, as charged,
verdict should be returned. The jury
was taken to dinner upon the conclu-
SIGN of the courts Instructions, and
went into session Immediately after
the meal was finished.
The argument of the defense went
to convince the jury that there had
been no knowledge on the part OF Mr.,
Carmean of The. reception OF this draft:
that ne never received any portion OF
the money, and that by preponder-
ance of proof, In the shape OF evidence,
1t had been shown that Mr.. Roemer,
OF Roemer & Miller, knew that the
notes had been sold and negotiated. |
1t was shown further by the counsel
for the defense that by a half dozer.
witnesses evidence went to prove tina |
the great carriage companies of thu.
country did their business In sellini,I
notes In exactly the same manner al,
did the Rhoades- Carmean Buggy Com
pany. There was no dispute In tn.
evidence as regards this point counse |
said, and his client had the right to
follow the example and conduct busi-
ness In the same manner. II was ale
shown that the evidence proved with
out dispute that never In the history tf
the company, prior to is failure, had
a note been negotiated and reached
maturity without having been paid by
the company. The practice had been
going on in exactly the same manner
for eight or nine years and the books
of the company showed every payment
made by Roemer & Miller The same
entry, counsel claimed, had been
shown in more than four different sets
OF books.
In concluding the states argument
the attack of the theories advanced by
reference made by the tiefense that the
crime, il there had been one, was com
mitted by the corporation, and not by
its president, and that he had been ig-
norant OF what was going on and had
been proceeding by virtue of well
known customs. The state advanc ed
the argument that the state would he
helpless II a corporation could comYait
q crime and its officers and agents go
and that the law would
reach past the corporation to the NJ
dividuals that organized the scheme.
The counsel for the state held that
Mr.. Carmean had no right to be ig- |
norant of the system which he him
self devised, and that after having ie-
vised a system that resulted in the n is
of other peoples funds,
he could not say he was ignorant of
the results of that system. 1t was pos
sible to conceive that he was ignorant
in fact, when his signatures appeared
to so many different papers. and to so
many different entries in the books of
his own office. that disclosed the en-
tire transanction. The counsel referred
also to the Importance of the case, |
not merely because of the individuality |
of the defendant but because the
Jury must determine and establish |
transactions of this kind arc
legal. If they are ether people may |
go ahead and do the same thing; if not
an example must be made out of the
defendant and a verdict result.
Now that verdict of guilty Is re-
turned by the jury the defense will |
carry the case to the supreme court
a new trial is not granted.
The defense maintains that the states
ease is faulty fro mthe Indictment
down, and does not think that it will |
stand the inspection Of the hjKhsr