Year: 1874

time you have been required TO listen patlenU'
TO the testimony introduced and TO charge you
memory with what you have heard. 1t is no
10 be expected that you can now recall ever,
word that has fallen from the lips Of the wit
Hesses but it is to be hoped that what yol
have heard has served to direct and point you
minds 10 the truth in relation TO the main issu
involved in this case. When you had heard al
the testimony, il remained for the learned gen
tlemen who have addressed you, TO aid you tC
recall it and weigh the evidence. These gen
tlemen are officers OF the Court, and though, a
the bar, they appear on one side as representa-
tives Of the People and on the other side a
counselors and advocates for the respondent
still their efforts would be worse than vain i
they failed TO furnish us with the light b.,
which we may be enabled to discover tn,
facts in the premises.


Jurors sometimes fall into the grave error o.
attributing the objections made by counsel up
on the trial, to a desire to suppress and keel
out OF sight facts that may have an important
bearing upon the case. TO do this is to charge
them with dishonesty and prostitution o.
their high calling as attorneys, to the base pur
poses Of Falsehood for temporary triumph
over Truth. Counsel fail in the discharge OF
their duty If they neglect to insist upon the APP
plicatien Of those rules which the wisdom OF
learned and good men have sanctioned as best
calculated to develope the truth and secure JUS
tice. There is philosophy in those rules q
philosophy founded in harity, human expert
ence and reason; and to abandon them would
be 70 let go the helm in storm and to allow
as 10 Drift into doubtful and dangerous regions.
If counsel in their zeal should sometimes fail to
comprehend and recognize the true rule in a Civ
en- case 1t should not be imputed to them as
springlng from deliberate purpose to defeat
justice. The courts, notwithstanding the aid
they receive from the arguments of learned
counsel, often err in the application Of those
rules. 1t would be but an indication OF weak
ness, inspired by an ovcrweeping conceit, in
counsel or the court to assume that during this
protracted trial we have committed no errors.
AS much as we may regret our imperfections
we may fee in part compensated by the rehec-
tion that we have tried to do our duty faithfully.


For the purposes Of this suit you are TO ac-
cept as correct the rulings and instructions Of
the Court. If, in criminal case, the court
errs 10 the prejudice of the accused, another
tribunal may be appealed to to correct the error;
and this fact relieves us OF much of the pain
and anxiety that every Judge must feel as he
realizes the great injustice that may result from
his want OF knowledge or errors of Judgment.


We must expect that in the discharge of i'm
portant trusts our judgments will often be ques-





very fact that we are correct is sometimes the
occasion for the most unreasonable and cruel
criticisms fren those who feel the weight of
such judgments resting upon them. Such is
the frailty of human nature that justice is often
called tyrant and fair dealing is characteriz-
ed as being one sided and partial. Bitter, blind,
unreasoning prejudice is too apt TO influence its
victims to assail everything and everybod that
does not yield ready acquiescence in their
most unreasonable demands. In such cases the
ties of friendship, the confidence of years and
the good name acquired by honest toll, are all
ignored and no sb ield can turn aside the poi
soned shafts that are so recklessly, -elentlessly
and remorseessly hurled at all who stand for
the right. Courts and juries sometimes feel
the sting of these shafts, and feelings of re-
sentiment are naturally engendered. But to
keep down these feelings, to strive to do right
regardless OF what others may say or think Of
US, invoking the aid of all that may tend to en-
Tighten us, is our imperative duty. II we do
this, the feeling of satisfaction that we shall
hereafter experience will more than eOm-
pensate us for the abuse that may be heaped
upon US by those who arrogate to themselves
the right to sit in judgment upon our conclu-
sons.


make these preliminary suggestions for
the purpose of impressing upon you the inn





selves, that you may see to it that in weighing
the testimony and in applying to it the rules OF
law governing the case, you are not influenced
by any considerations that may tend to interfere
with just and proper exercise OF those facul-
ties and powers by which you are to extract
from the mass of testimony 10 which you have
listened the simple truth involved in this is
sue; that you may be able to say with reas-
enable degree of certainty, whether Milo d.
Matteson is guilty Of the crime of forgery as
charged against him in the information. As
the surveyor is sometimes mised by local in
fuences operating on the needle, as the marin
er's compass is sometime so far affected by un-
seen influences as to lead the pilot at the wheel
to run the craft entrusted to him upon treach-
erous rocks, thus imperiling and perhaps des-
troying the precious lives of those who had
entrusted their all to the skill and judgment of
an experienced seaman, instead Of landing
them in port of safety, so may our reasoning
faculties upon which we rely to guide us in the
paths of truth, be affected by subtle and unseen
influences which may lead us into error and
our judgments, instead of being grounded in
truth settle down upon the treacherous rocks
Of falsehood, and the sacred rights of the peo-
pie and the citizen, entrusted to our care, are
jeopardized and perhaps sacrificed. Remem-
bering our frailties and guarding against any
and every influence, whether in the shape Of
public sentiment, insidious and unjust imputa-
tions and reflections upon our Judgment or
conduct, or an over-sensitive nature that might
possibly yield to suggestions as to what others
may say or think of our conclusions, let us
enter DIT once upon the consideration of this
case.


The law, in its humanity, assumes that every
man is innocent and this legal presumption
continues until the contrary is made clearly to
appear. To warrant coviction you must be
satisfied beyond reasonable doubt that the
respondent is guilty.


The Information fled in this cause alleges that
on the 2lst day of June, A. D., 1873, Milo d.
Matteson, "at the township Of Decatur. in the
county of Van Buren, falsely and feloniouslv
did make, counterfeit and forge a certain false.
forged and counterfeit Decd purporting TO he
an indenture of mortgage; which said false.
forged and counterfeit deed purports to have
been made, signed, sealed, executed, acknowl |
edged and delivered by Amos Morris TO tho |
said Milo d. Matteson, and bears date the 2Ist |
day of June in the year one thousand eight
hundred and seventy-three, and purports and
pretends to have been given, signed, sealed. ex.
ecuted, acknowledged and delivered -tbe
purpose Of securing the payment of a aVlarge
sum of money, to-wit the sum Of FIVE tbous.
lnd and eighteen dollars" with intent 10 in.
ure and defraud. The statute provides thar