Evening star., 1926-12-15

| TWO persons VINO are WORKING TO-
| gether in concert to bring about de-
sired accomplishment or end. In its
LITERAL sense, the word might indicate
| a concurrence or working together
of two or more persons for some inno-
cent end or purpose; but, in the sense
| in which the word is generally and
| popularity used, and in the sense in
which it is always used in the law,
| it indicates an evil or wrongful com
| bination and accomplishment, either
as to the means employed, or in the
contemplated or intended end or pur-
pose; or both. Thus. you will note
that a conspiracy indicates comb
nation of two or more persons which
is corrupt in character In short, the
word implies something that is wrong.
What Makes Conspiracy.
| Having thus ascertained the legal
meaning of the words felonlouSly con-
spired, it next becomes important to
| fix the legal meaning of the further
words, as well charge herein tand
which words, as | have explained, are
| based upon the language of the Sec
| ton of the Penal Code), to defraud
the United States in any mannar or
for any purpose
LAS to this, will read you defend
ants granted request for instruction
| No. 20, defining the meaning OF those
words. That instruction IS, as folioWS:
You are instructed that in order
| to constitute a conspiracy to defrauo
| the United States it must be proved
| beyond a reasonable doubt that the
defendants ccrruptly agreed either to
cheat the Government out of property
or to interfere with or obstruct one
| of its lawful governmental functions
| by deceit, craft or trickery, or by
Misrepresentation made to or prac-
ticed upon those charged with carry
| ing out the functions
Nature Of Indictment.
Passing now to the indictment,
| keeping in mind the explanations and
definitions thus far given you. The
| indictment Is lengthy; and 1t Will be
my effort, in considering its proVi-
sions, to make the recital no longer
| than is reasonably necessary; al
though, even at that, the matter can
not very we'll be placed before you
| briefly. 1t is readily divisible into
| several distinct parts: First, what is
called the inducement or Introductory
part, which details certain facts nee
essary to explain and elucidate the
subject matter of the original charge;
second, the charge of the conspiracy;
third, the manner and means used
and employed by the defendants IN
carrying out the conspiracy, and
fourth and last, the several overt acts
alleged to have been done by defend
ants to effect the object of the con-
spiracy."
The court then analyzed the indict-
ment at some length.
Analysis of Indictment.
After reading them he said:
THAT concludes the overt acts; and
the indictment then concludes that
the defendants unlawfully and feloni-
ously did conspire to defraud the
United States, and did do acts to eff
feet the object of the conspiracy,
against the peace and dignity of the
United States, and contrary to the
form of the statute in such case made
and provided.
1T would have saved the court
considerable labor If it had been pos
sible to omit going over these details
with you; but the court saw no way
in which 1t properly could be avoid
ed: and, hence 1t is that, while you
will take the indictment with you
into the jury room, and you will
then consider it in it's entirety,
I have endeavored to analyze it's pro-
visions, in the hope that the analysis
may be of some benefit and assist
ance, and that you may have better
understanding Of just what 1t says
and what it means when the case Is
delivered into your hands for deter.
mination.
Having thus explained to you the
indictment, it becomes appropriate
that 1 should here read the several
instructions granted to the Govern
nyn1 fA6 90 Fh4 n
| PENDANTS.
Beyond Reasonable Doubt.
"And let me here say to you that
whenever in this charge I shall say
to you that something must be
proven, or that you must be satisfied,
or that guilt must be established, l
always mean, and you must so un-
derstand 1t, that you must be salts
fed, and the proof of requisite things
must always be beyond a reasonable
! doubt. And the same thing Is true
in respect of the granted instructions.
The granted instructions define the
meaning of reasonable doubt; and /
will have something to say about the
same matter n little later on: but, for
the present, / have thought It proper
| to advise you, as / have, that the
proof must always measure up to
the standard which have stated; nd,
If you will keep that in mind, it Will
obviate the necessity of continual
repetition of those words"
After reading the instructions
granted by both sides, Justice Hoehline
| resumed:
Having thus read to you the in
structtons which have been granted,
| the laborS of the court will be some.
what simplified as well as shortened,
as no good reason appears to me for
| unnecessary repetition, although 1 will
| speak briefly concerning some Of such
matters and one or two others which,
! while not specifically stated in the
granted instructions, / assured coun-
sci l would cover in my general
charge.
Innocence Is Presumed.
And, first of all, let me advise YOU
that the indictment itself is merely
the formal statement of the criminal
charge upon which these defendants
nave been brought into court, and
upon which they are here being tried.
Inc indictment, however, does not con.
stitUte, nor is ii to be used by YOU as.
| proof of the matters stated therein.
And. further, you will understand that
| While these defendants stand before
you charged with the crime mention.
va Aii eie iiiuictHeIlt, eacn defendant
IS presumed by the law to be innocent
OF the offense charged, and for which
each Is on trial; and that presumption
! continues and remains with each de.
| fendant throughout the trial, and un.
! III, II at all, you shall become con.
Vlnced, by the evidence. of the guilt
! OF the defendants beyond a reason
| able doubt.
Reasonable Doubt.
J Il have granted an instruction Ia
each side concerning the meaning of
| the words reasonable doubt I am
! not sure that can ranalro tho .,.Oc..