Evening star., 1926-12-15

the Interior, or in the discharge Of
his duties as such.
I'm the ordinary affairs of life it
very often happens that surface lndl-
cations fully and accurately describe
a transaction in it's entirety; but, when
confronted with "A situation where sur
face indications, because of surround
Ing and attendant cir umStanceS. are
themselves subject to challenge land
the challenge is here directly m@da n
the indictment and by the evidence ad-
duced in support of it, it become bot>
important and necessary to discover,
# that be possible the underlying rea-
son or motive for the transaction. the
integrity of which is under review.
In that situation further light must
be sought; and, in order to do that. IT
sometimes is of material service to
consider the acts and conduct OF the
| parties Immediately concerned, Doth
before, at the time of and after the
| transaction, viewed in relation TO the
| transaction itself.
Evidence has been laid before you
by both sides concerning the details
of the money transaction, and or
divers circumstances leading up to, at
tendant upon, surrounding ana sue
ceeding it. So, too. evidence has been
laid before you as to the acts and con
duct of the defendants in and around
the months of December 1928. and
January and February, 1924. concern
ing the matter of the nature. char
acter, extent and details of that money
transaction. l shall not, of course,
undertake to detail or rehearse to you
any of the testimony concerning the
matter; counsel in the case have done
that for you 1t will suffice. so far as
| the court is concerned, merely to
state that testimony, on both sides,
| concerning the matters to which j
| have just referred, has been placed
| before you; and it takes it's place in
| the case, with all of the other evi-
dence; and, therefrom, it is for you to
say, and for you to determine, wheth
er such testimony reflects any useful
and helpful light upon the question OF
| the bona fides or the mala fides. as the
case may be, and as you may find it
| truly to be, of the transaction itself.
Exhibits i'm Case.
Zone other matter I feel ! should
mention to you, and that concerns
! the exhibits in the case. Under the
| practice in this jurisdiction. the
| physical exhibits in the case are not
permitted by the court to be taken
or to be sent to the jury room, save
only upon consent Of counsel on both
sides. But, even then, II is prefera
| hle that individual exhibits be not
| thus singled out for inspection IN the
| Jury room, If that course reasonably
| can be avoided, and say that for the
| reason that, by detaching one exhibit
! from it's associates, it's seeming i'm
| portance, or lack Of Importance, may
| appear out of proportion to the whole
| picture from which 1t was taken. AS
| far as 1t may be reasonably possible
| for you to do 50, the court suggests
| that you try to reproduce, in your
memory, the whole picture and its
| several component parts.
"As I stated at the outset, we both
| have our duties to perform in oul
| several places; 1 fill one place, yoU
| fill another; but we are both minis
| ters of the law; and now you enter
upon the discharge Of your final duty
Duty of Jurors.
IT need not remind you, I am sure
| that that final duty, and upon which
you are now about to engage, is both
n serious and an important one, and
| the consideration, which the proper
| discharge of that duty demands and
requires, is that you shall honestly
! conscientiously, intelligently, careful
! ly and fearlessly consider the testi
mony; apply to it the law as 1t has
been settled for the purpose of this
trial and as 1t has been given you by
| the court, and then reach your con
| clusion as to the answer you shall