Edward Douglass White

“ It is true that counsel say that by the bill of exceptions it 'appears that other transactions were based upon the renewals of paper merely, without in any way depleting the funds of the bank.' But the portion of the bill of exceptions which is referred to as supporting this statement relates solely to the evidence offered on the count alleging a false entry, and therefore in no way involves the other counts of the indictment which charged misapplication. ”

“ Evidence has been introduced by the government of other transaction between the Indianapolis Cabinet Company and the Indianapolis National Bank and various other parties. This evidence has been allowed to go before you solely upon the question of intent, and should be considered by you only in so far as it may tend to illustrate the intent of Mr. Haughey or of the defendants. Except for that purpose, you have nothing to do with other transactions than those specifically charged and prosecuted under this indictment. ”

“ Haughey's intent, you should take into consideration the relation he bore to this bank, both as an officer and shareholder, and whether the evidence shows any motive on his part for defrauding or injuring the bank; and it is for you to say, in the light of all the evidence, whether Mr. Haughey, in letting the cabinet com any have such moneys, did so with such intent. If the evidence does not satisfy you beyond a reasonable doubt of such intent, then the government's case is not made out. ”

“ Under these circumstances, this count charges no crime against the defendants, and on this count you should not convict the defendants.'
The proposition embodied in this request rests on the assumption that the aiding and abetting clause in the fourth count of the indictment does not refer to the identical misapplication which that count charges to have been committed by the president; in other words, that there is a want of identit between the offense which the accused is charged to have aided and abetted and the offense there averred to have been committed by the president. ”

“ The views of the court on questions of fact are not controlling upon you.'
Again, in the opening paragraph of the charge, it was said: 'You are the sole judges of the facts, and of what is proved, and any statements of fact made by the court are not controlling upon you. ”

“ The complaint is made that nowhere in the charges given did the court expressly inform the jury that they might consider, in determining the question of criminal intent, whether the evidence disclosed that the motive of personal gain induced Haughey to commit the offense charged. ”