Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-03-13
MRS. CHADWICK FOUND GUILTY.
Jury at Cleveland Rendered Its Verdict
Saturday Night

Mrs Cassie L. Chadwick was found guilty
OF conspiring to procure the certificatlon
of check in national bank Cat Oberlin,
Ohio In which she had no money, by the
verdict of the jury at Cleveland last Sat
urday evening.
The verdict, which was reached after
several hours delberation, was a great
shock to Mrs. Chadwick and her counsel,
and somewhat of a surprise to ALL
The weight of opinion seemed to be that
the jury would disagree. as it was consid-
cred that the government had not made
out an overwhelming case.
The charge of Judge Tayler was salts
factory to both sides. Judge Wing. for the
defense, and District Attorney Sullivan con-
sidered it just.
In his charge Judge Tayler directed that
Mrs. Chadwick be acquitted of one-half the
counts in the Indictment, which was based
on the charge that the amount of the
checks had not been regularly entered upon
the books of the bank to the credit of the
maker of the checks. There was evil
dence. the court said, to show that she was
in a position to know anything about the
books.
After defining a conspiracy, the judge
said. .' - .--.-.7~--
eff you find from the evidence that such
an arrangement as / have defined was
made by the defendant. with either of the
parties with whom she is charged with
conspiracy, and that the act charged as be-
ing done In furtherance of such arrange
ment was performed by either one of the
parties so charged with cOnspiring, it will
be your duty to return a verdict of guilty
THE claim is made by counsel for de-
PENDANT that there is no proof that the
defendant had knowledge that the act of
certifying the check, if done as claimed in
the indictment, was in violation of the law
A conspiracy cannot exist without a guilty
intent being then present in the minds of
the conspirators but this does not mean
hot tt,n ortia L,1nv hot tInH- Dra
violating the statutes of the United States.
The government is not required to prove
that the parties know that some statute
forbade the acts they were performing. In
order to enter into an unlawful conspiracy
it is not necessary that you should find that
the parties, In set words, or in any way,
made plan which either or both recognz-
ed in violation of law. 1t will be
enough if you find that by mutual concert
of purpose the plan came into existence by
which 1t was understood by both of them
that the act of certifying the check was
to be done when the defendant had not
funds on deposit equal to the amount of
the check.
Two papers. purporting on their face
to be letters from the defendant, one to
Spear and Beckwith and one to Spear have
been offered in evidence, witness having
testified that they are in the defendants
handwriting. The direct evidence Is silent
as to whether they were ever received by
Beckwlth or Spear but, if you find that
they are in the handwriting of the defend
ant, you will give to them such interpreta-
ton and force as, under all the surrounding
circumstances you think them fairly en-
titled to-"
Mrs. Chadwick, at the conclusion of the
judges charge. cool and composed
as though it was the liberty of some other
individual which was at stake. She listen
ed to the arguments narrowly, and to the
judges charge with evident anxiety.
After the jury had filed out of the room
she said:
THE charge of the judge was good, and
I believe that If 1t rested with the bench
that l would be discharged However,
do not know what the jury will do. l hope
of course. that it will be a verdict of ac-
quittal, but 1 fear it will not be- l cannot
get justice in Cleveland"