Evening star., 1928-04-21

the facts are. Any comments ! may
make as to facts are n no way binding
Judge Bailey read portions of the
indictments, and then told the jury the
substance Of the Government charges
vas that Fall and Sinclair entered into
4 corrupt agreement whereby Pail
should award certain contracts and
leases in consideration of gifts and loans
TO be made by Sinclair 10 Pail
You should consider all the facts in
this case in determining the question" /"
the court continued You should take
into consideration the testimony as to
the method pursued in making the
lease, as TO whether IL was ordinary
or different. and If different, why was
It different. Was a different policy
pursued IN an honest attempt TO give
the best 10 the United States. or was 4
TO favor Sinclair2"
In this connection the court said the
Jurors might consider" testimony as 20
the value of the lease of Teapot Dome:
as TO secrecy. If ii were adopted, and
If it were adopted whether il was 70
protect the United States or used as
CLOAK 70 conceal a crime and guilty
persons"
Also you might consider testimony
as TO the Liberty bond. transactions.
| whether the purchase OF an interest in
| the ranch was bona fsde and separate
and apart from the leasing or whether
u was mere sllbtsrfuge or an attempt TO
conceal criminal transaction.
You might consider also payments
N currency instead Of in checks or bank
draft and as whole take all the evi-
, oence and determine whether these two
men entered into conspiracy.
EXPLAINS Severance Of Gases
The Government must prove guilt
oeycad a reasonable doubt. II after
ful deliberatiOn Won find such a con-
spiracy existed and one or more overt
acts were performed n fUrthcTsnce Of
must Be guilty" The court then stated
II the Jurors have q reasonable doubt
That the defendant is guilty OF the ale
cations then the verdict must be not
guilty
The co;irt explained 10 the urOrs
tklat owing 20 the Illness Of Fan q Sspa-
rate trial was ordered ny the court
and the trial Of Fsu poStpCued. but
ne added that dues not affect the cues
flon as 70 the verdict Of guilt or in
nocenee OF Sinclair.
III You deliberate fully and honestly
ana e1loeayor % ascertain the truth
without prejudice and after such de-
liberation YOU arrive az q verdict. then
YOU vii have done your duty as Jurors.
IN SNca a case yoQ need not fear re-
breaches Of YOUR own conscience e
Justice Bailey explained 10 the iarorS
early In his charge tlae difference hs-
tween evidence IL civil case and evil
CsFce III criminal proceeding stating
SIlSs IN the former the prepol6erance
OF evidence decides but in criminal
proceeding the burden is ON the Gov
eTnnlent 10 prove gun; beyond 3 rea-
sonaole doubt THE defendant. he con-
tinusd, az the beginning % the case is
presumed 20 Ok innocent; he IS pre-
Sai2eQ 10 be Innocent DARING the tax.
ing of the testimony. Sgrins tl,e a~v,t
alentS OF counsel ana during the cos,rt1
cnafge, and this presumption reyaains
verdict.
In defining reasonable doQbt, Justice
baliey laid emphasis on the fact that
y Is not gIaSSS or StgrniSs that the
defendant may BE- guilty or i,,nccent-
II aiSer cagexQl consideration of the
Wilo4e evidence q aSed belief og the
S04It Of TIE defendant Is produced then
tae luFy may BE- said 10 be free from
FsSSoilaose doubt and must ind It's
verdict accordingly,
~ NNsNsAN SN~NN~NS& NAAS kNf&ks& h4tt& tEt&
defendant is charged With crime as
SCI forth within the hEalsS OF the n
dleunene and Il matters not whether in
the jurors opinion the defendant has
been guilty Of any ether crime
Governments Obligations.
The Government must show that A
conspiracy existed independent and
apart IroiA the overt acts or any other
acts which the Government claims were
made IN t0rtheranee of the conspiracy,
the court declared and unleSS the con-
SplraeS IS established INDEPENDENTLY.
then the Government has nos made It's
change, the court said. Justice Bailey
added, however. that it was not neceS-
SAry tor the Government % prove that
an unlawful agreement was entered
INTO n words of writing as long as n
has shown that two persons have come
10 a mutual understandings 60 commit
an unlawful act The Government
need not prove all the overt acts. hat
Continued ON Rage ., colann ~