The Chickasha daily express. (Chickasha, Indian Territory [Okla.]) 1899-current, 1916-10-28
After Thirty Hours Of DeIiheraliOn Jmy
Acquiis Former Rush Springs Banker
Of EmbezIemenl
AFTER "a HOURS JURY
STOOD II TO | TO CLEAR
Judge Jones Gives Jurors 10 Understand
that Hung Jury Was mol Desired
by Court

W A. Newten was acquitted Of the
charge of embezzlement last night al.
ter the Jury had been out over thirty
hours on the case.
The conclusion OF one OF fsthe most
sensationally contested criminal trials
IN this county was reached al 7:20
o'clock when the court was advised
that the Newton jnry desired 70 RI.
rort Throughout the day constant
ballots had tended to gradually a.
oroach a settlement but IN. the middle
'f the afiernoon when Judge Jones'
called for statement the ballot stood
eleven 70 one for acquIttal. The Oh.
posing one, Il was afterwards rnmor-
ed, held out on the evidence 81 the
$1,000 draft which was transmitted ID
the Interstate National bank of Kan.
sas City without considering, as did
his colleagues the corresponding
credits.
Judge Jones addressed the jurors iii
no uncertain terms He could not In
lerstand why the jury could not come
to an agreement in this case. He told
them to continue to deliberate until
o'clock, then to go to supper, then 10
return TO Che jury room and deliberate
until bedtime then 10 40 to bed ana
g get np for bfeskfaat In the morn
ing and then continue their deIlbera
tons. IN short the jurors were led 10
understand that they must get busy
A few hours later the verdict was
reached
Az the jury filed into the box the de-
fendant, unattended By members Of his
family, sat in the audience just to the
rear OF the jury. After the verdict
which made him free man he had no
lime for utterance as he was quickly
surrounded BY friends and sympathiz
srs who showered upon him their con.
gratulations.
Il is said that this case has already
ost the county several thousands Of
Iollars and hung jury would have
imposed additional heavy expense.
instructions to the jury.
The impartiality Of Judge Cham
Jones throughout the trial Was one Of
its features. his ready decisions meet
ing with approval both by Newton's
friends and those who opposed him
The courts instructions to the jury
covered seven typewritten pages end
were in part as follows
"The Statutes OF this state. gentle
men OF the jury, define embezzlemens
as fraudulent appropriation Of prop
erty BY a person to whom 1t has been
entrusted
"The statutes further provide that
II any person being an officer. direc-
tor trustee, clerk or servant or agent
Of any association or corporation, pub
lie or private, fraudulently appropri-
ates to any use or purpose not in the
due and lawful execution OF his con.
troll by virtue Of his trust. o. secretes
it with fraudulent intent to appropri-
ate it to such use or purpose is guilty
Of emhezzlement.
'aThe statutes further provide that
distinct act Of taking is not necessa-
ry TO constitute embezzlement. but
any fraudulent appropriation, conver.
sion or use OF property coming within
the terms OF the statute herein read to
you is sufficient
The statute further provides that
the fact that defendant intended TO
restore property embezzled is no
ground OF defense on mitigation.
'ln order to constitute embezzlement
under the statute, gentlemen OF the
Jury. four essential elements must con
ur and each OF such elements must
be proven to your satisfaction beyond
a reasonable doubt
"First, that the defendant was ser.
want or agent OF the First State bank
Of Rush Springs. oklahoma
Second. that the property alleged
have been embezzled was received
By HRS as The property oi such hnnk.
...2.4