The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1903-07-17

by insisting that the purpose OF Mcdonald
wa sto defraud the lodge of money, that
he had done so. and that the jury should
so find. After this adjournment was taken
for dinner
After the recess for dinner, Judge IT, B.
Womack closed for the defense.
He said that there was now but one is
sue to be answered, yes or no by the jury
did the defendant appropriate the funds
collected from members of the Oak City
Lodge No 419 with the intent to defraud
the Supreme Lodge?". 1t is admitted that
he collected the funds, and then GOT into
such a condition that he could not return
the money The only question is as to the
intent.
Mr.. Mcdonald thought he was handling
the money of these individual gentlemen,
and not of the Supreme Lodge. Even
though the Supreme Court had decided
that in these cases such agent was agent
of the company and not of the individual,
Mr. Mcdonald knew nothing of this decis-
ion as it was rendered after this trans
action.
If the money had not belonged to these
individuals, what would Mr. Broughton
and the others have to do with it? But
as matter Of fact there was Mr.. Brough-
tons letter written to Mr.. Mcdonald, Civ
ing him two days, until July 18th, 1901, to
pay this money into the bank. He was
unable to raise 81, 200 in two days; but in
nine days he raised $1,000 to cover every
thing.
Whether or not it was the purpose of
Mr. Mcdonald to defraud these gentlemen
is not the question now to be determined.
Every bit of Brother Jones argument
tended to show that the defendant had the
intent to defraud the individual policy
holders
Whenever a lawyer or a business man
collects money and puts in bank to his own
account it is according to law a conversion
of funds Yet it is done every day with
no intent to defraud And that is why jur-
les are required to find intent to defraud
as well as the act of conversion.
Mr.. Mcdonald got in connection with
secret order into which he had never been
initiated. The bylaws said that subor-
dinate lodge could be suspended if no regu-
lar meeting was held in three months He
knew no regular meeting had been held in
several years He saw them neglecting
their duties and placing implicit trust in
him, and he did what many another man
has done under like circumstances, he
failed in his duty.
But there was no possible intent to de-
fraud the Supreme Lodge, and as soon as
Mr.. Mcdonald was called upon, he sue
ceeded in raising the money to pay back
what he had collected. From the very
minute that he failed to send the first as
sessment, the Supreme Lodge protected it
self by suspending the subordinate lodge,
and may have had the right to cancel the
policies. All these rules Mr.. Mcdonald
knew, and thereupon he could not have
had any intent to defraud the Supreme
Lodge for it could not be thus defrauded,
and he knew it.
When Judge Womack concluded, Judge
PEBBLES at once charged the jury, saying:
For some wise but hidden purpose the
Legislature of North Carolina has passed a
law allowing counsel to argue before a
jury on the law as well as the facts, but
the court charges, you that you shall take
the law from the court and not from coun-
sci on either side of the case For if you
make a mistake in the law, it cannot be
if the court makes mistake,
it can be corrected by the Supreme
Court"
Judge PEBBLES charged the jury that
they could only judge of the intent of the
defendant by his acts. He had not seen fit
to take the stand and testify as to his own
purpose and intent Therefore he charged
the jury that if they believed the evidence
they should answer the issue yes.
Immediately after the jury had left their
seats, the judge called them back and said
he did not mean that the fact that the de
PENDANT had not taken the stand was any
evidence aaginst him. but that it merely
left the jury without evidence as to the
intent
Judge PEBBLES then said that the ether
cases against Mr.. Mcdonald had better be
continued until the Supreme Court deter
mined who was right about the law.
These other cases are for obtaining mon
ey under false pretences and for intent to
defraud certain individual policy-holders.
1t was about twenty minutes past four
O'Clock when the case went to the jury
Then some minor cases were taken up.
George Crossan. negro boy, charged
with cutting at William Etheridge,
white man, in East Raleigh, was next
tried This case occupied something over
half an hour. Crossan was defended by
Col. Harris and Mr. Holding. The jury
rendered a verdict OF not guilty. the evi-
dence showing that the boy had not drawn
his knife until after he was knocked
down by Etheridge, who is very much lar
ger than the negro.
George Bryan, an old negro, charged
with stealing a pair of shoes from William
Lundy, plead guilty. Sentence one year
on the roads.
w. L. Futrel, charged with carrying
concealed weapon, was called and failed.
FORGETTING bond.
Then the case of Jesse Nunley was called.
He is white man charged with robbing
the safe in the office of the Standard Oil
Company here of $12.65 While jury was
being selected for this case the time of adj
journment arrived.
At about ten minutes to six o'clock the
jury in the Mcdonald case returned to the
court room. The answer was Eyes" to the
issue submitted Mr. Simms asked that
the jury be polled, which was done, and
each one answered yes as his name was
called