UNITED STATES V. SACIA. 759 �are to look into the testimony of other witnesses for corrob- orating facts. Where it is supported in material respects you are bound to credit it, but where it ia unsupported you are not to rely upon it, unless, after the exercise of extreme caution, it produces in your minds the most positive convic- tion of its truth. �Applying these well known principles of law to the case in hand, it vfiil be your duty to inquire whether any other of the alleged conspirators were concerned with Mrs. Lewis in the attempt to defraud. One is sufficient, as I have already said, io make the offence complete. If her testimony, standing alone, produces in your minds absolute conviction of its truth, theu you are at liberty to say, without looking further, that Dr. Park was in the conspiracy. If the testimony of Elijah Caldwell, another of the confessed conspirators, is accepted by you as true, you must also reach the conclusion that Sacia, Allison and Bassford were parties to the fraud. But if, in •consequence of the previous misconduct of Mrs. Lewis and Mr. Caldwell, or if, in consequence of the revelations made in legard to their character duriag these proceedings, you are not williug to accept their individual testimony as true, then you should carefully inquire whether she or he has been cor- roborated in any material particulars ; you will ascertain how far the testimony of Mr. and Mrs. Benson, the detective Ju- lian, Mrs. Echorn, Judge FuUerton, and Mr. Whetlock, taken in connection with Dr. Park's own evidence, supports or fails to support Mrs. Lewis in regard to the defendant Park, and how far the testimony of O'Keefe, Julian, Mrs. Echorn, Mr. Lyons and young Caldwell supports or faûs to support Elijah Cald- -well. If, in either case, you find such corroboration, that you have no reasonable doubt about the connection of some of these parties with Mrs. Lewis in her attempt to defraud, you ■should not refuse to say so, because the direct testimony •against them comes from the mouihs of co-conspirators — the only source from which direct testimony usually comea in ■«ases of tbis sort. �If, however, the government has failed to convince you that ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/766
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