Year: 1867

some length, arguing from the evidence
fully and ably, and concluded by caution
ing the jury to the strictest care in dis
secting the evidence, and saying whether
the accused is guilty or not guilty.


General Wells then submitted the fol-
lowing on part Of the defence


On behalf of the accused, we pray the
Court to charge the jury as follows:


lst. That to maintain the charge con-
tanned in the Indictment it must be
clearly proved that the $1,000 referred
to in evidence was received by the &C
cused as fee, compensation, or REGARD,
for the discharge of some specific duty
which he, as collector Of internal revenue,
was required to perform, and that the fee,
compensation, or reward, was larger than
he was by law allowed to take.


I'd. That you cannot find the defend
ant guilty unless it is proven before you
what or how much the reward was, and
for the discharge of 1rhdt duty it was re-
ceived, and how much he legally was
entitled to take for the performance of
that duty; for unless these facts are
proven, it cannot be known whether the
amount received was more or less than
legal fees.


Sd. You cannot find the accused guilty
of the offence charged unless you find
from the evidence that he received the fee,
compensation, or reward, knowing the
same to be more than he was entitled to
by law to take, and whether the word
knowingly, or its equivalent, is used in the
statute or not is immaterial, for guilty
knowledge or wrongful intent is necessary
to constitute any crime or criminal offence.


4th. That if you believe from the evil
dence before you that the money was re-
ceived as a present, or mere gratuity, and
not for the discharge Of duty, or that it
was received as bribe, or for any corrupt
purpose, or for not doing or neglecting his
duty, or granting any favor, or for not en-
forcing the law, then it is your duty to
acquit the accused, for the statute upon
which this charge is found does not punish
that class Of offences.


5th. That if, from the evidence taken
before you, you believe that the money
was sent for a corrupt, illegal, or improper
purpose, or in violation of the law upon
which this charge is founded, but that the
accused did not know Of the intent or re-
ceived it for SuCi, purpose, then he must be
acquitted, for he is not responsible or
chargeablc with any design or Intention
which others may have had, but to which
he did not agree or consent.


9th. That Mr.. James, being the owner OF
the patent right, had a right to sell the
same for such price as he could obtain, and
if any persons were using the same with
out his consent, he had right to demand
compensation for such use, and it is totally
immaterial whether the patent was useful
or not, or whether it was worth SO much as
he asked or received for its use, and the
Jury cannot on this trial inquire as to its
value and if Mr.. James sold the right 10
use his invention, it is also immaterial
whether it was actually used or not, the
thing sold being the right to use.


7th. That it is the right of the accused
to be informed by the indictment, def
nitely and precisely, what he is charged
with that the prosecution is confined to
the proof of the charges contained IN the
indictment; that the proof must agree
with the charges; that in the indictment
it is stated that the name of the person
who paid the money to Mr.. James is





evidence that it was known, or by the ask
ing the question of the lcttneSS itmtgM haze
been k1eotc1t, then the proof does not cor
respond with the allegations OF the lndlct-
ment, and for that reason 1t is your duty
to acquit the accused.


Sth. That the jury can only consider
such facts as arc proved before them in
evidence, and only such as are relevant to
the issue that statements or facts which
do not tend to prore the issue, but which
might tend to create suspicion as to the
fairness or bona tides Of the transactions
are not competent, and You have no right
to consider them, for it is a rule OF criml-
nal law that the guiH Of the accused must be
fullv proceed. Neither mere preponde-
rance of evidence nor any weight of pre-
ponderant evidence is sufficient for the
purpose unless it generate in full belief of
the fact to the exclusion of all reasonable
doubt and the law presumes all men to be
innocent till proven guilty, and that pre-
sumption is sufficient to turn the scale in
favor of the accused.


Mr.. Chandler said that if the paper was
intended for instructions, he had some
thing to say, but if intended as basis for
the charge of the Judge, he would like to
look over the matter.


The Judge suggested that as little
relaxation would be beneficial to all parties,
the court would take recess OF fifteen
minutes.


Upon the re;issemblng of the court,
Mr.. Chandler submitted the several in
structions, which were afterwards with
drawn.


The Judge then delivered his charge to
the jury. lie congratulated them upon
the fact that the extended examination
had drawn to a conclusion, aud thanked
them for their patience and endurance
during it's continuance. He had not in
tended to deliver any charge, and had only
consented to do so at the request OF all
parties concerned. He confessed to some
surprise that the counsel for the Govern
ment should have objected to the over
ruling of certain questions concerning the
worthlessness of the patent. On one Gay
the counsel offered evidence on this point,
which was overruled, and on the next
the court decided that 1t would not
change its opinion. Both the gentle
men for the Government seem to have
seen fit to represent that there was
something wrong in the judgment
of the court. Here Mr.. Chandler made
an explanation, disclaiming any intention
in what he had said to dispute the judg-
ment of the court.l After few more re-
marks upon this subject the Judge alluded
to the broad scope that had been allowed
in admitting evidence, much Of which was
not strictly legal. This was done, in order
for the satisfaction Of all parties concerned,
to let every particle of evidence that
could have any direct bearing on the
charge enter into the case, and he hoped
that none other would be considered by