Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-02-27

the one which you are now called upor
to CONSIDER. The common design is th'
essence of the charge and to prove ii
it is not necessary to prove that tn
parties actually came together an'
actually agreed in terms to have that
design and to pursue it by common
means. Therefore if You find from TIL
evidence that the parties charged il
the indictment knew of the object to
be accomplished and all INTENTIONAL,
participated in the transaction in fur
theranCe Of the common design anG
rl!vpOEe to defratd the United States
then you may find that there was
tacit understanding and. so far as th'
conspiracy is concerned, that is suffl
Gent To- constitute the offence. Their,
need be no specific agreement
He SCI i'll that such an offence rarely
il ever. is proven by direct testimony
Evidence in proof of conspiracy ma.
and from the nature OF the case gener-
ally must be circumstantial.
The Defendants" he said, "have
gone on the Witness stand and testified
IN their own behalf. 1t therefore be
comes my duty to say to YOU that you
ought to scrutinize their testimony, ~
1in,v OF the fact that they are interest
ed in the outcome of this trial. But il
doing SO ! do not wish to be under
believe the testimony of the defend
ants because of the fact that they ans
interested: and if after considerine
their testimony and the circumstances
urder which it WAS given you are OF
fo1.l
truth about the transaction, it is a:
,EIcE sou duy to give credit to Wha.
they Tray have stated as il is to be
licre any other witnesses who may
have testified during the progress Of
tha trial.
He instructed the jury that if they
W"rc satisfied beyond reasonable
doubt that Machcn and the other de
PENDANTS, or any two or more OF them
conspired to sell the fasteners to the
government ut a price in excess oil
that at which they otherwise would
have sold the same and divided the
proceeds among themselves, they wer'
guilty rs indicted. The jury, he Siid
could find the defendants guilty as tC
c;'ch count in the indictment or acQuit
them as to some and find them guilty
az, 20 others, and II verdict of not gull
ty could be found as to one or more
of them.
"Hut." he added, before you can re
turn a verdict of guilty you must find
tiiit at least two of the defendants arc
guilty. of the conspiracy us charged III
the verdict; that is to say, you cannot
find one defendant guilty and return a
Of IN al he
others
lie urged the jury not to be intluenc-
ed by prejudice or be moved by sympa-
thf. You should give these defend
ants Il fair and impartial trial" he
said. "lccordiug to the evidence rs tes-
ti,ird by the witnesses and in the law
as given to YOU by the court The
c;t.'", if continued. should be tried on
It's merits and without regard to what
effect the verdict would have on the
public mind. He concluded as follows:
1t is proper that the government
slruId prosecute all parties charged
with crime and the fact that the gov
crWmcnt my have employed special
| counsel in this ease should rot intlu-
enc" Your minds one way or the other,
and il is equally as essential to the
proper administration of the law that
the defendants should be represented
by counsel in the conduct of this trial
AZ: II is that the government, through
its counsel, should be permitted to pre-
& It its contentious as To the issues
that are raised by the allegations con-
tanned in thc Indictment.
Il am sure. therefore. when you
cr.nc to decide this matter you will
consider solely the question as to
whether the defendants are guilty as
charged in the Indictment"
After being out 40 minutes the jury
cat what Justice Pritchard charac-
to- iZcd as i remarkable and most un-
! us'la! request. They desired the ac-
count book of George +. Lorcnz, the