Year: 1874

/ ~ 10 noG uectS3aFy CDaL tne traYerser
should nave, made The entry with his own
nanu. IL the false entry were made by
another Under his direction, it is the same as
II IL was actually made by himself.


But the intent to defraud must be found
under the counts alleging embezzement,
ana intent to deceive under those counts
which allege the making Of the false entries.


put an intention to defraud the bank Is to
De inferred from the fact of embezzlement, If
mat De proved, and an intent to deceive the
oank examiner. as Is alleged in these counts,
from the circumstances attending the
making the false entries, if you find such to
nave oeen made. A man is supposed to in
tend the natural consequences of his acts.
Inere can be no other just way Of deter
mining mans intent than to suppose he
intended to do What was the natHral conse.
quence of what he did. The statute under
Wnlcn the traVerser is indicted provides that
the Controller OF the Currency, as often as
ne thinks proper, may appoint suitable
person to examine the affairs Of these banks
| without notice to the bank.


| When this person will make his appear
ance no one knows but the Controller, and
tnls IS done that the national banks shall not
violate the law and amend their entries in
view CT the coming of the examiner.
LII you ind these entries to be false you
| are at liberty to infer they were made to de.
| celVe: If you SO judge from surrounding cir
cumStanceS.


With the result Of your verdict, gentle.


nen, you have nothing to do. And when
you are told that to find the traverser guilty
you make it possible to send him into con-
hnement for two or three hundred years,
counsel are travelling out Of the record, and
are stating something to you that should not
tend IN the slightest degree to influence
your verdict. 1t is your duty TO determine
from the evidence whether or not the ac-
cused is guilty or not guilty, without regard
to consequences.
You are to give him the benefit of every
reasonable doubt, and when you have come
to conclusion you are to make uD your
verdict without fear, favor, or affection. If
you cannot do that, you are unfit TO sit on 4
jury. You may find the accused guilty or
not guilty, or not guilty on one or more OF
the counts, as you think the evidence justi-
fies your verdict: or. you may find him not
guilty or guilty Of all the counts in the in
dictment.


The counts we have referred to are the
only ones submitted to your finding. The
others have been overruled by the court or
else have been abandoned.


Under those counts which charge the em.
bezzlemcnt or abstraction of particular
note, or draft, or check, it is necessary to find
that the accused embezzled one or more Of
the articles described in the count before
you can find the party guilty under that
count. 1t is not necessary under the counts
charging embeZzlement or abstraction of
money to prove that the exact sum Of money
charged was distracted or embezzred. The
abstraction of any less amount, if you find
the fact, will be sufficient foundation for a
verdict of guilty under those counts.


TIE CASE WITH TIE JURY.


At $50 O'Clock last night the case was
given to the jury, and with the Indictment,
Instructions of the court, and other papers
relating to the case, retired for consulta-
ton.


At lilo O'Clock, the jury being still out,
and no prospect for an early verdict appear
ing, the court was adjourned until 10 O'Clock
this morning.


It was stated about the courtroom last
night that the jury stood eleven for convic-
tion and one for acquittal. OF the truth of
this we know nothing. We give it only az
q rumOr.