The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1915-05-26
Judge Call Instrlets Jury 20
Return a Verdict Of
Not Guilty.
TRIALS BROUGHT
TO ABRUPT CLOSE
Court Finds That Govern
ment Fails 70 Make Case
Against Defendants.

The trials ~ " X liver. w. 8.
ksyser ard W. r. Knowles were
brought 70 an abrupt close IN tha
United states court yesterday morn
ing. when Judge Rhydon m. Cali aus-
tanned tina motion made the previous
day by the defense and instructed the
jury 60 return a verdicE ~ not guilty
against the three defendants. The court
found that the government had failed
20 make a case United States At
torney Beall announced that the Cow
eminent would not press the Caaa
against Thos. w. Brent ~ well aa ono
count n the Indictment against Mr..
Knowles on which he had not haen
tried. The three defsndants wera
congratulated BY their friends on thu
outcome az the trial.
Jurors. who had heard the evidences
of me government. stated yesterday
afternoon that they were not Inn
pressed with the evidences submitted
and had the case been submitted TO
them for a verdict they very likely
would have returned q verdict similar
10 the one they were instructed "a
and.
The court room was crowded yeater-
I day morning when court waH called
TO order. Judge CAN Immediately adj
/ dressed the jury and stated that the
/ government had failed 20 make out
It's case and IL became hia duty 20
Instruct them % return q verdict az
not guilty. lie then Instructed the
| clerk 70 prepare the verdict and thim
was signed BY a. O. Gamer. OF chips
ley. a. foreman.
JUDGE CALLS ORDER.
Judge Calls order IN the case fol-
lows
United states va william II.
Knowles e. a.. Memorandum.
The indictments against Knowles.
Hyer and Keyser Nos. isS iss. and
isi. were on motion 81 thu Govern
msnt considered. There are tive
eountA. the second and third in indlct-
mant 30. 1915 three courtA. che thfrd,
fourth ard NTH Indictment isa. ana
one count, IN the third Indictment ISIS.
q whi.h the motions made by the
DEFENDANTS for peremfnry inMtruc-
tion arc directed. the otiier counts in
the indictments having besn abandon
ed By the government ~ the oiese Of
its testimony
THE EVIDENCE CONSIDERED.
by these motions the court Il re-
auired to say whether. admitting an
Of the testimony introduced by tha
government 20 be true. together with
the deductions To be drawn therefrou.
the evidence establishes the guilt 81
the defendants either 81 them OF the
offenses ~ the defendants either II
them - the ofIenses or either of them
charged IN the counts.
The rule 81 law ID civil cases rov-
erning the court IL considerinK mo-
tions 81 this character. where there ia
no conflict IL the testimony 10 be de-
cided BY the jury. q that II unpre.
JUDGED minds may differ as 10 the e.
feet or the testimony. then Il should
oe submitted 20 the jury for their
consideration ~ on the other hand.
admitting the testimony 10 Be frna
considering all % the deductions 20
he drawn therefrom and tha law gov-
erning the case, there Ia but one con-
elusion 20 be arrived ct. then the
court should Instruct a verdict
INNOCENCE PRESUMED.
In criminal cases the court should
50 a step further and that is give due
weight % the presumption of inno-
cencs which hedges around each de-
PENDANT until the testimony shows his
guilt % the exclusion % and beyond
reasonable doubt.
The defendants are charged with
the violation ~ Section 1909 OF the
Revised Statutes Ia wiirllly miaapply-
ing the funds ~ the hank ana in aid.
ms and abetting therein
The section as applicable 20 tha
charges In the Indictments ara a. fol-
lows Every president. director or any
/ agent q any association who misap-
plies any of the moneys, funds or
credits q the association with intent
J 2 injure or defraud the hasociation
Or any individual person and every
person wh0 with like intent aids aud
aheta any Officer in violation Of this
section shall be deemed. eta
OFTEN CONSTRUED.
This section has been construed
many times BY the Supreme Court or
the United States and minor courts.
The Supreme Court has said trat tha
essence Of the criminality of the mls-
, application in that there should 81 4
] conversion % the funds ~ the bank
j % the uAe ~ the defendants or some
person other than the bank. with ths
Intent % iujure or defraud H. The
same court said that the erininallty
depends upon the question whether
there vas "a the time Of The discount
3 deliberate purpose on ths part %
the defendants 20 defrnud tie hank u
the amount The gravemsnt q the
; oreune consists IN the ts1i design
with which the misappiication =
made.
Bearing these principles IN mind.
applying ire evidence iutrtsdnced b.
the government 20 the second and
third counts in indictment ISIS The
evidence clearly shows without con-
traalction that the two drafts dis
! / counted BY the bank unnt a. nowar an