Evening star. [volume] (Washington, D.C.) 1854-1972, 1916-05-27
Criminal Intent Necessary.

The crime of perjury requires in an
unusual measure criminal purpose to
commit the crime. 1t may be said
that no citizen can be convicted of A
crime unless the jury believes in
criminal intent. for men do commit
acts which, in the absence of a crimi-
nal intent rob them of their char
acter of crime
In the crime of perjury the law re-
qulres the element of criminal intent
and purpose. 1t must be certain be-
ycnd a reasonable doubt that criminal
intent existed
u pause at this moment to saw to
you gentlemen as emphatically as pos
slble that if ! shall have occasion to
REFER 10 any or the evidence in this
case you must understand each and
every one OF you, that | am not pre-
.ehdlhs TO intimate an opinion as to
the truth OF the evidence or as to the
weight that shall be given it. 1t is
your DUTY TO pass upon the facts
You and you alone are the excl,,
sive Judges of the facts. the weight. the
credlbility you shall give to every niece
81 evidence and testimony that has
IA allen from the lips of witnesses bera
Let there be no mistake about that
The distinguished and learned senior
counsel for the defense YESTERDAY in
MS reference to the history of the trial
by jury system. marked out the re-
spectiye functions of the nudge nre-
siding and the jury He said among
other things. that the court is not AZ
iioerty to even express an opinion TO
the jury on this or that piece of evi
dence. He is not altogether accurate
as to all courts. but this court is in
entire sympathy with his statement
mat court ought NOT. whether il has
the right or not. to express an opiuion
Therefore nothing that | say must for
a moment be. interpreted even as an
expression of opinion by the court"
Refers to Equity Suit
Continuing its charge. the court in
structed the jury relative to the suit
in the Equity Court of the Riggs Ma
tiona1 Bank against the Secretary of
the Treasury and the controller of the
an attempt to injure. if not to destroy.
the Riggs National Bank
Describing the proceedings, the court
told how the Secretary of the Treasury
and the controller of the currency, hay-
ing been told to show cause why they
should not be restrained from this al
legged persecution, filed affidavits max
ing it a matter of issue as to whether
the bank ever bought and sold stock
either as a broker or on its own ac-
count.
The court then proceeded to point
as to the circumstances under which
the aHdavit upon which the perjury
charges In this case are based was
used The government. explained the
court. claimed that the affidavit was
filed by the defendants to meet certain
statements contained in one or more
amdavfts filed by the defense in the
equity case. The defense on its part
vigorously contradicts this claim and
states that the circumstances which
complete the filing of the affidavit were
verbal statements by counsel on the
other side before Justice Mccoy.
Lowering his voice, Justice Siddons
instructed the jury that this ouestion
Is not to be decided by them. Rut he
added, earnestly, the jury is to decide
upon the intention of the defendants In
fling the aff1davit
The court then read the affidavit to
the jury and explained the Indictment
charging that this affidavit was false
During the reading of these two docu-
ments the jury leaned forward giving
the utmost attention to the words Of
the court Mr.. Glover sat watching the
Judge with serious expression, as did
William j. Flather and Henry IT
Flather; None of the defendants looked
at the jury.
Principles of Criminal Law.
The court then proceeded to call the
jury's attention to the general principle
Of criminal law. which involves the pre-
80