The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1911-01-18

tain quantity Of rye whiskey in the
10th count. and a certain quantity Of
gin in the l.,th count.
The cou.; charges YOU as 10 the
offenscs covered by these counts, a S fol-
lows:
Must Believe Evidence.
THAT If YOU believe from The owl.
dence beyond reasonable doubt. ;ha,
the defendant was at the time named
In the indictment, Il rectitier and whole
SAFE liquor dealer. and that on Febru-
airy 20. 1909. 1t charged TO itself for
retail three barrels OF distilled spirits
anu mat the defendant did not use
thc spirits at retail, but sent IL ont
oi their possession to the nrm OF Me.
care d sullivan, in whose posses
! sloh IT was subsequently FOUND thcn
you should find tie defendant, guilty
Ihe court further charges YOU that
I fyou believe from tile evidence thai
the defendant WAS at the time men
TONED III the Indictment a rcctiflcr and
"hoIesale liquor dealer and had pro-
rlded Il book, the form OF whic,, had
heretofore been prescribed by the
commissioner of Internal Revenue. ana
that the said defendant during ihs
period beginning with March 10 -Igno
ana ending August ~. 1909. sent our
OF its stock and possession certain dis
titled spirits. that is about forty-sevcn
gallons OF rye whislsey, without max
Ing entries required by law then you
should find the defendant guilty as
charged in the 10th count OF the IN
dictment
Question OF Gin.
The court further charges you that
II YOU believe from the evidence, that
the defendant was at the time men.
toned in the Indictment n rectiilcr ana
Wholesale liquor dealer and had pro-
Nided book. the form of which had
'hereioforc been prescribed by thu
Commissioner Of Internal Revenue. and
that the defendant during the period
beginning with March 10, 1909, and
ending August 81. 1903, sent out of its
! stock ana possession, certain distilled
Spirits that is to say, about forty-six
gallons of gin. without making entries
required by law. then YOU should lind
the defendant guilty as charged in the
18th count Of the Indictment
y failure To make the entries re.
CURED by law in the book or books is
a violation OF the law no matter
whether such failure lie the result OF
negligence or design
You are further charged that with
regard to tic lIG;h and ii7th count,
OF the indictment. the burden Is upcl,
the government to show that the PHI
, G. Kelly Company, incorporated, sent
ont of it's stock and possession TO Me
Clare & Sullivan. either the rye whis-
key or gin. or both, mentioned in the
two counts of tho Indictment and thar
they were properly entrinhle upon the
prescribed fuEm--that is to say. that
the sale was from the wholesale as
distinguished from the retail business
of the Phil G. Kelly Company
* u Criminal Case.
You are charged tAat this is a Grim
inal case, and AS such mas To be proven
10y the Sovernmcnt--thlti is Ia say, thar
the accused Is presumed to be innocent.
and the law imposes upon the govern
nent tho burden OF proving its guilt
and not on the defendant of maintain
ing its innocence. That this nrcsump-
ton OF innocence awaits tho defendant
a every stage OF the ease ana upon
every material Issue arising therein.
and in order to It's conviction ii is
+ necessary that the government shall
establish its guilt To Your satisfaction.
/ beyond reasonable doubt. II there is
any rcas onable hypothesis based upon
| the evidence in the case. consistent
/ with the innocence of the defendant.
1t should not bc convicted.
by reasonable douat it is meant (,
superstition but such a doubt as would
influence or affect you in the Weight
I Ter on more Important affairs OF every
/, day life.
| THAT while the governments case
[, is largely dependent upon circumsthn
| tial evidence, still IL is competent TO
! convict upon slich evidence il YOU are
entirely satisfied that ii has fully nel
, the burden imroscd upon II and cstah-
/ lishcd the guilt of The accused Us &
complete ANA unhrokon chain Of cir
c,mstanccs. Ii Is essential TINT every
material eRmeat going 10 establish
the guilt of the accused should he
shown, either hy direct evidence or Al,
unbroltcn line of circumstamtiai evil
| dencc. and while reasonable differences
may bc drawn from tic evidence
against the accused, and n is Soili
duty tn do so II YOU are satisfied ,ht
same exist. still where apon given
state OF facts ana circumstances an
inference consistent as well with the
innocence as OF the guilt of the ac-
custd may Nc drawn II Is Your duty
To draw the inference end adopt the
conclusion most favorable TO the ac-
eused."