UNITED STATES V. SACIA. 763 �court, a co-conspirator, and you may desire to have some cor- roboration of his testimony before you are willing to find the defendants guilty. If so, it will be your duty to ascertain wbether Arnaux, Julian, Mrs. Ecborn, Lyons and Henry Cald- well bave so supplied the missing links in the cbain of evidence as to satisfy you beyond a reasonable doubt that they were connected with the oonspiracy. If yea, you will convict, and if not, it will be your duty to acquit. �With these observations I leave the case with you. Exam- ine it without prejudice or partiality, and give the verdict of your honest judgment, as I am sure you will, according to the evidence. You may give to each one the benefit of every reasonable doubt respecting their guilt, and in all your delib- erations remember that you are trying these defendants, not for the general misconduct and bad habits of their life, not for perjury in the state courts, but for a conspiracy formed to defraud the government of the United States. �Before the jury retired the counsel for the defendants handed up to the judge a large number of requests to charge. After examination Judge Nixon said that he had, in substance, «mbraced all these requests of which he approved in the charge already delivered, and that in regard to those of which he did not approve they were embraced in the following, to-wit: That while the will of Joseph L. Lewis vested in the execu- tors, as trustees, the legal title to the residue of his estate, after the payment of the specifie legacies, the United States had a beneficiai equitable interest in the estate, of which it might be defrauded ; and if the defendants, or any of them, entered into the conspiracy, and one of them performed any act to give it eiïeet, he or they are guilty of the conspiracy to defraud the United States, and liable under the law for the consequences. �The jury found all the defendants guilty. ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/770
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