Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1910-03-19
AND INSTRUCTIONS
COMPLETED AND JURY RE-
TIRED AT NOON.
BLOW FOR DEFENDANTS
IN COURTS INSTRUCTIONS
Judge Mcpherson sustains Govern
ment's Contentious on Every Law
Point-Jury Told They Arc TO Judge
credibiIity Of Witnesses-Testimony
of Victims Must Be Accepted.
Special to Times-Republican.

Special to Times-RepYblican.
Council Bluffs, March 19.-The argu-
ment in the Mabray case was conclud-
ed at last nights session of court At
2 o'clock this afternoon Judge Nc
Pherson began reading his instructions
worked all forenoon. The instructions
are contained in twenty one typewrit-
ten pages and cover the case In all its
legal phases and aspects. The court
goes into an explanation of the term
reasonable doubt" and says:
"a mere captious doubt, doubt
sought after, doubt hunted for. will
not suffice to acquit.'
The jury was instructed to treat the
case against each defendant in its en-
tirety and was cautioned in these
words:
you can not say that the court
from time to time has made intima-
tions Of what the facts are and hide
behind the same. Upon you alone rests
the burden"
Three Forms of Verdict.
Three forms OF verdict are submit
ted. In one each/and all the defendants
are found guilty as charged In the In
dictment; another finds all not guilty
and the third provides for a, verdict
of guilty or acquittal for a part of the
defendants. Upon the question Of the
admissibility of the testimony of the
steerers, the court says:
"The government had right to call
these witnesses. You should consider
their testimony They are competent
u,ifn NJ n riOhf ~
fy'
As to tho Steerers.
Regarding the testimony Of the vic
Tins Of the conspiracy, the fnstruc-
tions read in part:S
'It is for you to determine what
weight shall be given this testimony.
1t may be that as to some Of these
victims you will reach the conclusion
that they We're innocent and un-
sophisticated h1Ving little knowledge
of worldly affairs and were easily vic
timiZed. There We're three or four wit
nesses that impressed me that they were
inveigled into the transactions and were
imposed upon by being borne down or
overcome by the will power of others,
and who intended nothing wrong. 1t
may be that you gentlemen will not
reach such conclusions. There were
many Otner VlCllmS, as bney Claimed TO
be victims, who may have impressed
you differently. 1t may be that you
will find that they themselves intended
to victimize and swindle other persons
out of their money; that they were a
grasping, a voracious set of men who
wanted to get other peoples money for
nothing.
Courts Instruction Exhaustive.
The jury is instructed to consider
the bearing of the witnesses. AS to the
acceptance of testimony of witnesses
regarded as would-be swindlers them
selves the jury is instructed to consider
whether or not there was corroborative
testimony. The court goes extensively
into the matter of the letters submitted
and says it is for the jury to determine
whether the United States mails were
used to further the conspiracy, the use
in fact being the overt act. Technical
terms, such as conspiracy, are also
dwelt upon at length and explained.
The court speaks eloquently of the
sacredness of the postal system of
America and of the necessity for keep
ing it from contamination.
The instructions sustain the goVern-
ment on all disputed law points.