The Elk Mountain pilot., 1923-07-26
COUNTY coMM1ssIoNERs SENTENCED
Continued from first page)

tuniude 1t means doing something which is inherently
wrongful and unlawful, knowingly. And therefore, one
be corruptly guilty of doing something IN % ONCE M m
various forms The is not in agreement with the
of the defendants that the only way they can
guilty of malfeasance-corruptly guilty OF mahea
sance by doing something which benefits them person
ally That is only form of corruption am there
fore convinced that made error in giving tne IN,
structon did with regard to the word corrupty ana
overrulng denying the instructions asked by the
defendants. The motion in this regard is not good ana
should be overruled.
Now then as to whether the evidence is sufficient to
Justify the iurv in giving verdict The court is not
supplant the jury 1t has its function to perform
If believe of that there is nothing in the evi-
dence justify the jury it is duty it matters not
what opinion be, to set aside the verdict and
grant trial If, the other hand the evidence
such that different minds may arrive at different con-
clusions from the evidence then it is Just as clearly my
duty allow the verdict to stand.
There very significant things in this evi-
dence To begin with have the record, which is the
record of these defendants 1t required by law there
presumptions its regularity and its tuthfulness
in its The only effort at impeachment of this rec
ord is denial the part of the defendants that the
resolution passed 1t then appears here in the evil
dence that not only the book but the page where the
resolution is be found in evidence There is no
contention on part the defendants that this record
appears out of order in the minutes of the Board OF
County Commissioners of this county, There is evil
dence that the record has been tampered with, modified
in any form changed There evidence in the rec
ord of any motive the part of Mr. McWams to make
the record speak other than the truth If these defend
wished attack their record they should have at
tackled along the lines indicated by the court In the
opinion of the court it stands here Gibarater unaffect
ed whatever by the assaults of the defendants Another
very significant thing is this: all three of the defendants
testified direct examination that not thing said
the meeting of the Board the 5h day of July about
this entertainments that everything that said about
it occurred after the meeting adjourned Yet in
rather sitting examination by the District Attorney
Mr. Sullivan admits YES did talk the entertain
the banquet the La Veta Hotel and at Almon
and determined what each to do" Now that
admitted by Mr. Sullivan. Mr. Sullivan, in my udg
have droitt The
passed. Any jury must then, believe the testimony of
the records and the testimony of Mr. McWams. There
is escape from it.
Now, there is another rather significant thing, Mr.
McWilliams testies that the evening of the 4th of
June he and Mr. Whalen and Doctor Sullivan and
talked this banquet and in that conversation Mr.
Whaen said he thought 1--WE ought to have whis
key that he had five gallons which he would furnish
but he thought they ought to have ten fifteen gallons
more-and he that Mr.. Sullivan agreed with him. and
that they agreed Mr. McWams should do the buying.
The next day they met and passed the resolution the
form in which they did He also testified, later right
the conclusion of his direct examination that the
conversation with regard to whskey at the