The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1914-10-30

means. and that thereby the de-
fendants vote, innuence and judS-
ment as such alderman and mem
Der OF the. Common Council OF the city
be given In q particular manner on the
question as set forth I'm the informa-
ton. and az shown by the evidence In
PENDANT sold his vote for ;75o In money
paid to him. or for some considerable
sum OF money TO influence corruptly his
vote. and TO cause the defendant TO
bribe. no might not otherwise have
done.
This has been long trial. and con-
graduate you upon the approach OF Its
homes to resume the duties you laid
aside when. In answer To the summons
OF this court, you reported for the
highest duty that citizen can give to
serving AZ a Juror In a criminal cause.
I also desire TO commend you for the
careful. consideration you have given
the testimony OF the many witnesses
II IL my duty to explain the law to
you. and the charge upon the law you
are sworn to follow. Your judgment
as to what the evidence proves the
province In the slightest particular.
Your verdict upon the facts cannot be
disputed or found fault with by any
person, II IL be your honest Judgment.
and that verdict you are bound TO rem
der without fear or favor TO anyone
In criminal court friendship ceases.
We have no friends TO serve. nor
enemies 70 punish at the expense of
ed In the information that we have TO
do w1th--a charge too serious I'm its
character to permit you or the court
81 es anSS am sSst By
evidence given In the case and bearing
upon the charge.
This prosecution is based upon Sec
tion 1872. subsection s. Miller's' Com
piled Laws OF the state OF Michigan.
and reads as follows:
Every executive. legislative or
judicial officer. who shall corruptly ac-
mise to make any gift or TO do any act
beneficial to such officer, under an
agreement. or with an understanding
that his vote. opinion or Judgment shall
upon a particular side Of any question.
cause or proceeding. which 10 OF may
be by law brought before him In his
Official cspaeity or that IN s1cn
nomination or appointment, shall for
felt his office and be forever disQuali-
Ned to hold any public office, trust or
appointment under the constitution or
ished by imprisonment in the state
prison not more than 10 years. or ~
a fine not exceeding hve thousand dol
lars. and imprisonment In the county
Jail not less than one year."
have been asked TO define the use
OF the term. corruption. II In held to
be an act OF an official OF hduciary
person who In,awfS,iy and w VI
some benefit for himself or another
Bribery is defined to be the giving
Sodss pS Is any ofee or 70 amy
performing public duty. or the ac-
ceptance thereof by any such person.
with the Intention that he shall be In
fiuenced thereby In the discharge OF
Your duty, under the evidence, is
quite simple. II you believe from the
soSS shs tss TSo%as
Gilman. did corruptly receive. as the
state contends. from the witness Burns
or Brennan, the sum Of money testified
a reward Tor his service in voting upon
the Wabash agreement. as claimed by
the state, no matter when made or
whether II was for service rendered Or
legged agreement or understanding be-
tween the defendant and w. J. Burns
or Brennan, time not being OF the es-
service the defendant was TO be re-
warded, then the defendant Is guilty
of bribery as charged, and II Is your
duty to. so adjudge him.
have demonstrated this guilt Is Of two
kinds or classes: nrst, being afhrma.
tive, positive testimony such az thai
given by the witness Buns , or Ssn,
OF similar character; and secondly
confessicns and adniissiony.
there &c 'ss no 5ns Se as 81
TRIAL, except solemn sealed instrument
and the. testimony of Judgments o.
coHrt yo o. b rsiey IN its reliability and
trathf f1H i psyond = ssa:onaJis douSi
PENDANT guilty as charged in the infor-
As to the second class. known to the
law as confessions In criminal cases
and admissions In civil cases. II ~ mol
Of a high grade and unousstioned
dar. by reason aDs Of the circumstance
under which II is generally obtained
Al periods or excitement and grsa,
m nssa 81 The
implied, such testimony should be rig
idly scanned. high state OF excite
iariy the accused. making him. whether
guilty or innocent. rambling OF spsecn
and disconnected Of Thought. Before
confession can be given any ere
lily obtained or given. And this, too
ercion applied or threatened, or In any
Wise Inspired BY fssr In ether Ere. so anc
il YOU believe that the testimony
tending to show that the defendant ad.
mitted the receipt OF this money a.
the record OF, his infamy, and did II
freely and voluntarily. without any In
ducement. after being. warned; II you
should find from all the evidence that
he was warned and that whatever
would be used against him on his
trial, then you are warranted In using
that testimony, giving such weight 70
II as you think II entitled to, and con-
YOU may use il in conjunction with
the direct testimony already referred
to. But In judging the weight OF testi-
mony In relation to confession, you
place and the circumstances under
which II was given, and the manner
in which II was obtained. the mental
trouble and worry the defendant was
iaborins under at the time, II any
that the defendant. when arrested
coming out of room 400. had upon his
person the claimed fruits of the Grim
inal act and bribery Under such cir IT,
been held to bail and permitted TO give
the same as early as he could. He
should have been permitted to see his
friends, and to- apprise them OF his
whereabouts. This was the defend
ants right under the statutes of this
state and has been the right OF all
English speaking. people for HUNDREDS
OF years past. and you have a right 10
Confederation. why the respondent In
this case was not taken at once to the
county Jail at the time the state claims