The Richmond Virginian. (Richmond, Va.) 1910-1920, 1915-10-22

A crowd of High School rooters Will
accompany the team TO Fork Union.
Coach Simpson and Mr.. James. of the
faculty, will go along with the boys.
too. The Marshallites are anxious to
win the game for another reason than
merely TO get In victorious trim for the
Mcclure game. A game scheduled for
earlier in the season with the Fork
Union eleven was Cancelled on account
OF Indictment weather, and n shroud
of doubt has hung over the game ever
since Its cancellation, Some local fans
were willing to think that one or the
other OF the teams had backed down.
This will come out in tomorrows clash.
IT is com petent to convict upon cir
curnstantiaI evidence. II you are en-
tireiy satisfied that the government
has met fully the burden imposed
upon Ii. and esta bl!shed the guilt OF
the accused by a complete and IN
broken chain Of circumstances II is
essential that every material element
going 10 establish the guilt OF the ac-
cused should be shown. either by d.
rect evidence, or an unhroken chain of
cirrumsfantial evidence; and while
reasonable differences may be drawn
from the evidence against the ac-
cused. still. where upon a given state
Of facts and circumstances, an infer
ence consistent as well with the in
nocence as with the guilt of the ac-
cused may be drawn. II Is your duty
10 draw the inference most favorable
10 the accused
Evidence OF other prescriptions
given by the accused to the persons
named in the indictments and others
has been given before you In this case.
With respect 10 this the court charges
You that even IL you believe from the
evidence that the accused wrote and
Issued such other prescriptions not IN
the course Of his professional practice
only 70 The persons named IN the tn
dictments. or to other persons not
named therein. You cannot convict the
accused therefor; but you may con-
slider such other prescriptions In de-
termining the intent or system or
guilty knowledge on the part OF the
accused in giving the prescriptions 10
the persons and at the times men,
toned in the indictments.
Defendant Can Testify
The court instructs you that under
the laws of the United States the de-.
PENDANT cannot be compelled, but has
RICH; to testify i'm his own behalf,
and when he does SO. as he has done
in this case, his testimony should be
viewed by the jury the Same az that
of any other witness in the case, TAX
ing Into consideration. however the
personal interest he has in the out
come OF your verdict.
Evidence has been adduced by the
accused tending to show and esta blish
his uniform good character. With re-
spect 80 this the court charges you
that under the laws of the United
States the accused has a right to in
troduce evidence tending to esta blish
his uniform good character. and II he
does $40, and You believe from the evil
dence that he has established such
character then the existence OF the
same Is entitled to much weight at
your hands. and when considered In
connection with the other testimony
in the case, may Of itself generate a
reasona BILE doubt as to the defendants
guilt.
You are also charged that man who
formerly bore n good character can
commit crime. and II you believe that
the charges In the several counts OF
the indictments or any one or more
OF them against the accused are
sustained by the evidence beyond a
reasonable doubt, you should find him
guilty thereof notwithstand the fact
that he may before the date of the
alleged commission OF the crime have
borne a uniform good character
The court further charges you that
You have the right to convict or acquit
the accused on any one or more or all
Of the several counts contained In the
i.oicbuents against him.
Consider Evidence Carefully.
In conclusion. gentlemen of the
jury. the court says TO YOU that this
Is an important case alike TO the gov
eminent and to the accused. and calls
for your best judgment and most care
full consideration
You should patiently and fully con-
slider II in its every detail and In dis
posing the delicate duties imposed
upon you, meet the same in an abb
solutely fair, unbiased and impartial
manner
/ say TO you this case turns upon
whether the accused, as respects the
charges IN the several counts of the
Indictment agains. him. was engaged
In the legitimate practice Of his pro-
fession, and prescribing for his pa
TENTS In the course of his professional
practice only: If he was. then he is
entitled to be acquitted; IL he was not,
he should be found guilty.
1t Is this problem, this question of
fact, that you must solve In the light
OF all of the testimony and under
the law as hereinbefore laid down
You are the sole judges OF the facts of
the case. and should determine the
same. after due consideration OF all
the evidence,>sin the light of the at
tending circumstances. and the reason
able and fair differences to be drawn
from the testimony; and in so doing.
you should act upon your own inde-
pendent Judgment. uninfluenced by
what others including the court NAV
think or say.
For my part and subject to your
right to determine the facts as afore-
said. / cannot. however, forbear to
say that l feel / would be derelict in
my duty as judge II l did not say~that
from my view of this testimony, that
the same points irresitibiy and uner-
rinEiv to the absolute guilt of the ac-
cused.
Take the case. gentlemen: give 1t
your best judgment, and dispose there
NJ - quickly - you can.