Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1918-03-21

the military forces Of the United States.
or to wilfully obstruct the recruiting or
enlistment service Of the United States 20
the injury Of the United States.
The first count Of the indictment u
withdrawn from your confederation and
you will only be required to consider the
second and third counts.
As to the offense charged IN the second
count. This count charges the defendant
with wilfully attempting to cause insub-
ordination. disloyalty and refusal Of duty
In the military forces Of the United
States. In considering the case unoae
this count. we should have clearly In mind
Just what the words in the statute naAa.
For this purpose, the word "attempt's -
used in the statute IL defined to mean an
| endeavor to do something, but falling
| short Of accomplishment; ''wilfully" IL de-
| f1ned to mean willingly "purposely,"
| Intentionally" as contradstinguished
from Accidentally or inadvertently;
''insubordination" is defined to mean dis
obedience to the military authority Of the
United States; ''disloyalty" Is defined to
mean unfaithfulness to the military au-
thority Of the United States: refusal Of
duty" is defined to mean refusal to per-
form duty imposed by the military au-
thority of the United States; and 1.-The
military forces Of the United States'' in
clude all male citizens. or aliens who have
declared their intention to become citi-
gems. between the ages Of q and 30 in
elusive. who registered on June s, 1917,
In obedience to the proclamation Of the
President.
As to the criminal intent REQUIRED,
Ignorance of the law excuses no man,
A person charged with crime cannot be
heard to say that he did not know the
law.
In order to find the defendant guilty,
you must find that the attempt was
wilful, that is, that he willingly, pur-
posely or Intentionally attempted to cause
characterization. disloyalty or refusal of
duty in the military forces Of the United
States. What the defendants intention
was. is a question Of fact for you to de-
eide.
The governments evidence tends to
show that the defendant intended to
cause characterization, disloyalty and re-
fusal Of duty in the military forces Of
the United States; the defendants evil
dence tends to show that the only inten-
ton which he had was to serve God.
You should be careful not to mix motive
with intent. Motive is that which leads
to the act; intent qualities it. A crime
may be committed with a good motive;
It may be committed with an evil motive:
or 1t may be committed with both q
good and an evil motive. To illustrate;
the father of a large family steals bread
for his starving children. and also to
deprive the owner of its value. He has
two motives: one Is good, and one is
evil, but he Is guilty. Notwithstanding he
has a good motive as we'll as an evil
motive, for he must not steal at all. So
in this case the defendants intention to
serve God does not excuse him. II you
find that he also intended to cause insub-
Low ell NJ
In deciding what the defendants in
tention was, ask yourselves this question:
Did he intend or expect that his views
would have any influence upon or be
likely to be followed by the young men.
or did he intend and expect that they
would do something different? In decid
ing this question, you should bear in
mind that a person Is presumed to intend
the natural and probable consequences
Of his speech, and that he was the pastor
and spiritual adviser Of some Of them.
The governments evidence tends to show
that what the defendant said to the young
men who had registered for military duty,
and the statements contained in the books
which he gave to two of them. did con-
stitute an attempt to cause insubordina-
ton, disloyalty and refusal Of duty in
, the military forces. Of the United States.
The defendants evidence tends to show
3 that he did not attempt to cause insubor-
dination. disloyalty or refusal Of duty. be-
I cause he did not make such oral state
ments to the young men. because he did
I not know what the book contained. and
. because the only intention which he had
was to serve God. Thus the important
8 questions under this count are. ~ Did
l he make the statements to the young men
as the governments evidence tends to
show? (2) Did he know the contents Of
Y the book? and (T Did he intend what he
e said or something different? II you ind
:. beyond a reasonable doubt that he did
wilfully attempt to cause characterization.
1 disloyalty or refusal Of duty. as defined.
n your verdict will be guilty under the sec.
ond count. II you fail to find beyond .
i. reasonable doubt that he did attempt to
t cause INSTRUMENTATION. disloyalty or re-
u fusal of duty, or II you fail to find that
d his attempt was wilful. as defined. your
= verdict will be not guilty under this count.
J, AS to the offense charged in the third
n count. This count charges the defendant
s with wilfully obstructing the recruiting
t and enlistment service of the United
!. States. to the injury Of the service Of the
u United States, and in considering the case
under this count. the word "wilful'' as
d used here means the same as 1t was de-
fined to mean under the second count.
81 The word ''obstruct" Is defined to mean
ito hinder" Ito embarrass," ito make
If progress In the recruiting or enlistment
a service more difficult or slow" and in its
q broadcast sense 1t means active opposi-
d tion to the recruiting or enlistment SER
II vice Of the United States by advising or
r. counseling others not to enlist; Ito the
/. injury of the United States" 10 defined
/. to mean to hinder or delay enlistments In
"a the military or naval service Of the Uni
y ted States. Active opposition to the re-
n cruiting or enlistment service Of the UNI
ted States would tend to injure such SER
. vice.
= To repeat. the statute provides that II
shall be unlawful for person whom the
"a United States is at war to wilfully
= obstruct the recruiting Or enlistment
40 service Of the United States to the injury
w Of the service of the United States, and
- the word "obstruct" is defined to mean
W ito hinder" to embarrass." ito make
more difficult or slow" and in it's broadest
h sense 1t means active opposition to the
w. recruiting or enlistment service OF the
y United States by advising or counselinG
NJ others not to enlist; ito the injury OF
I'd the United States" Ia defined to mean
to hinder or delay enlistments in the
" military or naval service of the United
At States. Active opposition to the recruit
I'd ing or enlistment service OF the United
Of States would tend to injure such service
e. To say to young men between the agei
re OF q apd 30. inclusive. after they had
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