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The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, January 02, 1874, Image 1

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VOL. XVII J. NO. 41.
fghe $me Northerner,
- Published Etxbt Fkibay, bt
Cmcs Corner Kalamazoo and Main Streetb.
1.50 a Yea, - . - l ADVAKon.
.11 LY.1H7-.'.
Iva ns froin 1'aw l'aw aWMCl w ith the same
nurfied Trains on the Michigan Centl a 1 Kailroad
hi I wt on, going east aud west.
Hc90 A. M.. rttttTM (KB Lawtnfl Si 7 A. M
(O0 ... m., Mail Trail., eait.
SI:(M p. m Mail wed, aim Way Freight cast.
bji p. in. Kalamazoo Accomodation, east,
0r T ruin l return to Paw Paw on departure !
M-icceat CentralT i from Law ton,
JOHN lllLIN'O Bup't.
cm on si nor si:,
Decatur, - - Mich.
W H. CANOLL, Proprietor.
i peuxn C ANS.
Drugs Store-
i one and Try Them
Having opened a
the WILLABD HOUSE Barn, are m readi
Ml to attend to all ( alls, and they hope to
men: a Abate of Public Patronage. !45
m iivm:r oim ax
e.ug honest or dinhonest, will have no effect
ex the
Trade of
Who still continue to sell the Celebiated
Xorth American,
Legal Tender.
and 50 other kinds at lower prices then ever
which in addition to our usual amount of
Z row Albany and Buffalo Stoves, offers un
gual advantages to customers, to suit tliem
t . ves in a good store, at a low price.
Circular. Drag,
Mulay Saws.
All kinds. ,
In endless variety.
and others interested, are invited to call and '
diamine our j
efore purchasing, as wp at o satisfied wo can
lo von good. Our
,e conducted by an experienced Workman. We I
manufacture every thing in
Sheet -iron Ware,
and all work guaranted to be satisfactorily
your custom is solicited.
Money to Loan.
Money to Loan on improvod, unincumbered
Heal Estate on favorable term, for one or
more years, Harbison A Kictiabohoh.
Office in the out I ROOM, raw pw, Mich
Dec. 13. 1T2. H24mfi
Jloriitiiice Nal'. Notice is hereby Riv
en that the Bum of tight hundred and thirtv
mght dollan and seventy-two cents (.$838 72)
is the amount claimed to be doe at the date of
this notice on a certain mortgage bearing date
the twenty-fifth day of February, a. d., 1865,
made and executed by Kzra S. Uphem aud
Philander Part lot t. mortgagors, to Lather Kin
ney, mortgagee ; that said mortgage was re
corded iu tho office of the Register of Deeds for
Van Buren County, atate of Michigan, on the
thirteenth day of May, a. d., 1865, in liber P of
mortgages on page 162 ; that default ha been
made in the payment of the above named sum
of money, and that the same is stdl unpaid and
due, and that no proceedings have been insti
tuted at law to recover the debt now remaining
secured by said mortgago, or any part thereof .
Now. therefore, in nunmaiuo and by virtue of
the iwwer of sale in said mortgage contained,
and of the statute in such cane made and pro
vided. the premises described ha and covered
bv said mortgiigc, situatou in the c.mmv of
Van Huron and known ami described as fol
lows, to wit : The south half of the south-east
ootftir and Mm north-went ouaner 01 me
south-east marter. also tho bouth half of the
eat lialf of tho -outh-wCHt (piarter of section
twentv-four (21) in town four (41 south, or
range" thirteen west, containing one hnndrud
aud sixty acreB, according to the United States
survey tueroor, will be sold at igUieMatfMto
the highest bidder at the hour of twelve o clock
March, a. i., 1174, at the front door of the
Court House in tho village of l'aw I'aw in said
ountvof Van Kuren. by the Sheriff of said
couuty or Van Huron, to satisfy tho amount
that will then ho due ou said mortgage and the
cowts and expenses allowed by law, and the
attornev fee mentioned in said mortgage.
Dated this 24th day of December, a. d., 1873.
Lom Kinnky, Mortgagee
Wm. K. Lyon, Att'y lor Mortgagee,
'J78tl3 Bt, Joseph, Mich.
Order lr Apiur.i . State of
Michigan, the Circmt Court for the ounty of
Van Buren, In Cliancery. ren L. boss. Com
plainant; vb Jerome Purdy. Philip Party,
( harles Purdv, Eliza l'urdy. Anzoletta Clanp
anddrace L. Correv. heirs at law or (.ilbert
Purdv. deceased, and Ornn Sisson. defendant
At a session of said Court hold at Paw I'aw
Haul ountv. on the seventeenth day of Decern
her. iu the'year ouo thousand Bight hundred
and t-evontv-three. Present, Hon. Charles K.
brown. Circmt .ludgo. ItBatisfactoiily aipear
ing bv aftidavit on tile that the above named
dofoiidants. Jerome Purdy, Philip Purdy.
Charles Purdy. Eliza Purdy, Anzoletta ( lapp
and C race L. Correy, do not Kesido in the
State of Michigan aiid do reside as follows i
Tho said Jerome Purdv. Phillip l'urdy, Charles
I'urdv and Eliza Purdy rcsido in tho State of
.-w York, the r-aid Anzoletta Olapn resides in
the State of Mew Jeney, and that the said
(.race I. Correy rmid.;f'in the State of Penn
svlvauia. On motion ot Kii-hards .v Harnum,
solicitors forBaidcomplaiiiaui.it is ordered that
the uaid defendautB, -leromc J'uruy, rump
I'urdv. ' ha-. les i'uidy. I.hza I'lirdy. Anzoletta
Clapp and Qraoe L. Correy. oame their
appearance severally to be entered in this
cause within three nlouths from tho date of
this order, and m default thereof said bill may
ho taken as confessed bv them. And it is fur
ther ordered that within twenty-days tho said
complainant cause a copv of this order to bo
published in the Tart Nobtheknkb, a news
paper published and circulating in said county
and that naid publication bo continued in naid
newspaper at least once in each week for six
weeks successively or that bo cause a copv of
this order to le personally Berved on each of
said defendants at least twenty-days before the
time prescribed for their appearance.
0HARLE8R, BROWN, Circuit Judge.
l'.ICnAROB A- Harncm, '.'TH-tC.
Complainant's Solicitors.
lmini1 rulor'n Nitlr Notice is
hereby given that in pursuance and by virtue
of an order and licenso to sell, made by the
Probate Court for the county of Van Huron,
Michigan, and hearing date the 29th day of
September, a. v., 1978, I sliall nell at public
vendue, on the premises herein described, in
the township of Pine Grove in said an Huron
conntv and State of Michigan, on Monday, the
twelfth day of January, a. n., 1874. at the hour
of ten o'clock in the forenoon, the following
described real estate belonging to the estate of
Robert M. Richards, deceased, to wit i Tho
south-east quarter of the north-east quarter
and the north-east quarter of the south-east
quarter of section number sixteen, in township
number one nouth of ranite nnmber thirteen
west, and containing eighty acres of land ac
cording to the 1 nited states survey. ne
fourth of the purchase money will be required
to be paid at the time of salo and the remain
der in one. two and three years with interest.
Dated November 2(3. 1878,
Bmi c. storkt,
074t7 dnnnistrator of said estate.
Moi lgiiyc Mil lr. Default having Keen
made in tho pavmcnt of a certain indenture of
mortgago, bearing date the thirtieth day of
October. A. i)., 1871, executed by Malery II.
Mveri- and his wife. Lucinda M. Myers, of the
township of Vvaverly, Van Pin en county, State
of Michigan, to Win. K. Hawkins, of I'aw i'aw,
Michigan, and recorded in tho oilico of tho
bcgiHter of Deeds of Van Buren county. State
of Michigan, in Liber No. 5, ou page 547, on
the thirty-tint day of I ctober. a. v., 1871. and
the amount claimed to bo due thereon, at the
date of this notice, being live hundred and
twentv -seven dollan and forty-four cents, in
cluding an attorney fee of twentv-iive dollan.
provided lor in said mortgage, and no suit or
proceedings at law or iu equity having been in
stituted t recover 'he amount now duo and
unpaid, and secured by Baid mortgage, or any
part thereof : now, therefore, notice in hereby
given that, by virtue of a power of sale con
tamed in said mortgage, there will be sold at
public auction, to the highest bidder, on Satur
day, the twenty-fourth day of February, a. D.,
1K74, at the front door of the Court House, in
the village of l'aw I'aw. in said County of Van
Hnren, State of Michigan, at ten o'clock in the
forenoon of said day, the premises described
in said mortgage, or so much thereof as may
be necessary to satisfy the amount due upon
and eocured to be paid by said mortgage, with
interest and cont, said premises being described
as followa. to-wit : the south-east quarter of
the sontb-east quarter of Boction twenty-eight,
in township one sooth of range No. fourteen
Dated Nov. 21st, 1873. 973tl3
Wm. U. Hawkins, Mortgagee.
! l llrar 4 lnlm. In Pro
bate Court, Van Buren County : Estate of Eu
gene Bitely, deceased. Notice is hereby given,
that said Probate Court will receive, examine
and adjust all claims aud demands of crediton
against the estate of said deceased, and Mon
day, Decomher IbC and Monday, December
29th, 1873, are hereby assigned for hearing said
claims, and six months from tho date hereof
are allowed crediton in which to present their
claims. Oeoroe W . I.awtox.
t Judge of Probate.
Dated Paw l'aw. November 17, 1871, 97:;n;
mWUMSWJ Nnlr. In pursuance and bv
virtun of a de:re of tho Cixeoil Court for the
( ountv of Van buren, Mate of Michigan, in i
chancery, iu a certain cause therein pending, in
which Isaac Bunnell and Mary llunnoll arc
complainants, and Merlin Myen. Susan Myers
and Addison Mowliu are defendants, bearing
date January 21st. a. v., 1S73, I shall sell at
public vendue, to the highest didder, at tbo
front door of tho I ourt House in Paw I'aw, in
said county, on the 24th day of Januarv.
1874, at one o'clock r. m. of said day, the fol
lowing described lands and premises, viz : Tho
east half () of the oast half (H, ) of the north
west quarter ' section ten (10) in the
township of Waverlv, Van Buren countv. Mich
igan, containing forty (40) acres of land, more
or leas, according to the U. S. survey thereof.
Hated Deoemnei 10th. 17::. !'7b-t7
Bkx.i. F IIki kfri, in ut Court Comra'r.
11 ton .'. Micrruan. Compl't Solicitors.
Having removed his stock of Family GroceriM,
Crockery, Ac, to
Van Fosseo's New iJrick Hlock,
will be pleased to see ail bis old friends and
customers at Jus new place of business, where
they will find a fine line of Choice
As Low as
sortment of
the I.owevt. Also, a tine ae-
ruiwry ,
and Stone- Ware,
And as line a line of GROCERIES as can be
found in the Countv. which will be Sold IeW
for CASH. He also keeps in Htock Wooden
and Willow-Ware.
I(J m in full blaHt &D(1 gnn(linR qu&rj.
, tltieB dailv rjboaoe Yellow t ' Bngar-ten
pounds for Ono Dollar.
A specialty, and of .Superior Quality.
Kemeniber the place three doors east of the
Dyckman House, on Mam -l:tet. P V I'AW,
Srng Trade 1873
Carriage Shop,
MAIN sniEFr.
1 have ou hand a large stock oi Work for
the Spring Trade, which will bo told ou very
reasonable terms, consisting of
One antl Two Seut-
Top Carriages,
One and Two Seat
Open Carriages
Haggles, Waffom, fcc.
Trotting Skdttotu t
Sjx unit.
and Trimming
Wood, Blacksmith,
Shops in full blast.
All Work Murrunted,
Work of Every Style made to hder.
.Sohl.ii!- mill ftVairin; ti-oin-pll.v
si "iall to.
Kmployiug none but the l)est of workmen,
and UBing selected stock in all case. I am en
abled to give perfect satisfaction to all.
Oi !
from :ilroul
Call and examine my work at the Bales-room
on Main street. H. S. HARKIS.
Paw Paw, February 17, 1878. 934
Sherman & Selliek
Having just receiveed a New Stock of ioods,
offer for Sale
$30,000 WORTH
Ready Made Clothing,.
Carpeti and Oil Cloths,
t oniprisiug a Beautiful line ol
Fancy 4 assiiiicrc, COAt
ins Si Beaver,
Also tho celebrated
Derby & Manchester Suitings.
Men V Hoy' Clothing,
111,44 It A i Ol OKI l SILK.
Ladle A QfiU
Linen He'kf,
Edgings, aud Insertings,
Nottingham Curtains,
Sheetings, Prints. &e., &.
makes thin Assortment ono ol tho
most KxtOQBive, varied and complete
to ho found in
W i:s Y'; ; v mi (in a an.
And which tho citizens of
Are earnently invited to examine.
And we will convence you that we are Selling
Goods at astonishingly low prices.
Merman Helllek.
iCtttc Northerner.
Paw Paw. Mu uk;an, Jam aky '2, 1874
gery Case.
The Judge's Charge to the Jury.
tientltiixrit othr Jury J
Nearly a month has passed Mnee you entered
npan the discharge uf your duties in the case
now to he submitted to you. During all this
time you have been required to listen patiently
to the testimony introdn. Land to charge your
memory with what you have heard. It is not
to r. expected that you c in now recall every
word that kai tallen rrOBI IDS lip- Ol tho wit
sesses : but it is to be hoped that what you
have heard has served to direct and point your
minds to the truth in relation to the main USM
involved in this case. When you had heard nil
the testimony, it remuine 1 lor the learned gen
tlemen who have addressed you, to aid you to
recall it and weigh the evidence. These gen
tlemen are officer.- of the Court, and though, at
the bur, they appear on one side as represent!! -tives
of the People and on the other side as
counselors and advocates tor the respondent,
still their efYorts would be worse than v.iin it
they failed to furnish us with the light by
which we may be enabled to discover the
faetl ll the premi e .
Jurors sometimes fall into the grave error of
attributing the objections made by counsel up
on the trial, to a desire to suppre.-s and keep
out ot sight facts that may have an important
bearing upon the case. To do this is to charge
them with dishonesty and a prostitution of
their high calling as attorneys, to the base pur- ' presented by the inhumation and ins plea
posei of Falsehood for a temporary triumph thereto. The instrument set Ml in tho intor
over Truth. Counsel fail in the discharge of mation is in due form of law, and as such, is
their duty if they neglect to insist upon tho ap- : WSM U entitled to record ; b, (nmi
plicatiun of those rules which the wisdom of genuine- This being so, it follows that if ro
Icarned and good men have isnetioosd 01 best corded it creates a cloud .ipon the lands therein
uii'uiaiea to ueveiope me trutn ,anil -ecure jus
tice. There is a philosophy in those rules ; a
philosophy founded iu charity, human experi
ence and reason : and to abandon them would
be to let go the helm in a storm and to allow
us to dritt into doubtful and dangerous regions.
It counsel in tbeir zeal should sometimes fail to
comprehend and recognize tho true rule in a giv-
cu cum; it should not lie imputed to them as
.-pringing from a deliberate purpose to defeat
justice. The courts, n otwith ttamnng the aid
they receivn from the argucrnents of learned
i counsel, often err in the application of those
rules, it would ho hut an iudieatiou ol weak
ness, lajplred by an overweening conceit, in
couusel or the court t' assume that during this
I protracted trial wc have committed no errors.
As much as we may regret our imperfections
we may it el in part compensated by the retlec
! tion that we have tried to do our duty faithfully.
For the purposes of this suit you arc to ac
cept as correct the rulings and instructions of
the ur It, in a criminal casu, the court
err , to the prejudice of the accused, another
trihunal may be appealed to c correct the error:
and this fact relieves us ot much of the pain
and anxiety that every Judge must lcel sj he
realizes the great injustice that may result from
his want oi knowledge or errors of judgment.
We must expect that in the discharge of im
portant trusts our judgments will often he ques
tioned, even rhough we ure correct : and the
very lact that we bjt correct is sometimes the
occasion for the most unreasonable and cruel
criticisms freoi thoo who feel the weight of
such judgments resting upon them. Such in
the frailty of human nature that justice is often
called u tyrant and fair dealing n characteriz
ed as being one sided and partial. Hitter, hlind,
unreasoning prejudice is too apt to influence it
victims to assail everything and everybody that
does not ield a ready acquiescence in their
most unreasonable demands. In su h cases the
tiei of friendship, the confidence of years and
the good name acquired by honest toil, are ull
ignored and no shield can turn aside the poi
soned shalts that are so roohlotlly , relentlessly
and remorselessly hurled at all who stand for
the right. Courts und juries sometimes feel
the sting of these shafts, and feelings of re
sentment are naturally engendered. But to
keep down these feelings, to strive to do right
regardless of what others may MJ or think of
us, invoking the aid of all that may tend to en
lighten us, is our imperative duty. II we do
this, the feeling of satisfaction that we shall
hereafter experience will more than rom
pensatc us for the ahuo that may be heaped
upon us by those who arrogate to tncuiselves
the right to sit in judgment upon our conclu-
i sions.
I make these preliminary ISggestioM for
the purpose of impressing BpOB you tho im
portance ot a careful examination of your
selves, that you may see to it that in weighing
the testimony and in applying to it the rules ot
I law governing the case, you ure not influenced
by any considerations that may tend to interfere
wiih a just and proper exercise oi thosi facul
ties and powers by which you aro to extract
from the mass ol tc-ittiuony to which you have
ustcneu, me simple mu luvomn in imu is
j sue ; that you may be able to say with a reas
enable degree ol certainty, whether Milo 1).
Mattcson is guilty of the crime of forgery as
charged against him in the information. As
tho surveyor is sometimes misled by local in
fluences operating on the needle, as the marin
er's eompusa is sometime so far atlected by un
i seen influences as to lead tho pilot at the wheel
to run the oraft entrusted to him upon treacii
; crous rocks, thus imperiling and perhaps des
I troying the precious lives of those who had
entrusted their all to the skill and judgment of
. an experienced seaman, instead of landing
i them in a port of safety, so may our reasoning
faculties upon which we rely t guide us in the
paths of truth, he 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 rockg
of falsehood, and the sacred rights ot the peo
ple and the citien, entrusted to our caro, are
jeopardized and perhaps sacrificed. Remem
bering our frailties and guarding against any
und every influence, whether iu the shape of
public sentiment, insidious and unjust imputa
tions and reflections upon our jndgment or
conduct, or nn over-sensitive nature that might
possibly yield to suggestions us to what others
may ay or think of our conclusions, let us
enter at once upon the consideration oi this
The law, in its humanity, assumes that every
man is innocent ; and this legal presumption
continues until the contrary is made dourly to
appear. To warrant a coviction you must he
satislied beyond a reasonable doubt thnt the
respondent is guilty.
The Information filed in this cause alleges that
on the 21 st day of June, A. D., Isf Hflfo j)
Mattcson, " at the township of Decatur, in the
county of Van Buren, falsely and feloniously
did make, counterfeit and forgo u certain false
forged and counterfeit deed, purporting to he
an indenture of mortgage : which laid false,
forged and counterfeit deed purports to have
been made, signed, scaled, executed, ucknowl
edged and delivered by Amos Morn- to ti.
said Milo I). Mutteson, and bears date the 21st
day of dune in the year ono thousand eight
hundred and seventy-three, and purports and
pretends to have been given, signed, seaUd, ex
"' "ted. acknowledged and delivered tttoe
I npOM f securing the payment of arge
sum of money, to wit : the sum of five thou,
and and eighteen dollars," with intent to iti
jure and defraud. The statute provide that
every person who -hall falsely make, utter,
forge or counterfeit any deed, will, testament,
Ac, with intent to injure or defraud any person
shall be punished by imprisonment in the State
Prison not more than fourteen year , Off ti
the county jail not more than one year. Al
though the statute referred to does not use the
word Jfortffi there can be no doubt but that
a mortgage is a deed within the meaning of
the statute. The purpose of this statute is, as
declared by the Supreme Cotrt of California in
constraeing u similar statute, "To protect soci
ety against the fabrication, falsification, and
the uttering, publishing, and passing of forged
instruments, which if genuine, would establish
or defeat some claim, impose some duty, create
tOBM liability, or work -omo prejudice t an
other in his rights of psrtM or property.
Forgery has been 'htined as the fraudulent
making or alteration ol a writing to the prcju
Jj,.e 0t
mother man's right-'. No mtenu; .r
passing of the forged instrument i necessary to
con-'ituto the crime of forgery. The crime is
complete the instant the writing is made or
altered with intent to injure r defraud. It was
urged upon the trial that the instrument set out
in the information, ! ring in the ordinary form
ftf mortgages given to -ecure tho payment Off
discharge of some obligation, does not of itself
create or purport to create any liability that
unaccompanied by a note it is an imperfect in
strument and tha. standing alone, it cannot bo
tho subject of forgery. It was contended that
tho information should show that the note re
ferred to iu the mortgage actually existed,
whether genuine or lorged. It is urged that
tho "intent to injure and defraud," cannot bo
presumed from the making of an incompleted
instrument. If this objection taken upon tho
trial was valid, it is euually so now, notwith
standing the defendant has given in evidence a
note which he claims tho murtzage refers to;
' forhe respondent must be tried upon the issue
described, whether a note was ever executed
or not, and thereby works a prejudice
to the rights of another. And speaking of tho
apparent validity and legal effect ot thil instru
ment, I fully concur with the ooRBSSl for the
respondent ''that tho instrument offered in evi
deuce, purporting to be a mortgage dated June
' ,s:;. J 'he prosecution, being duly uu-
1 tnenttoated by the t.roier number oi witne-es
and the certificate of a Notary is ia it-elt evi.
deuce of tho hundwnting ol tho grantor, AlMI
j Morris, and of tho gctinmenc-- ot the instru
ment : and is evidence of such weight a houhl
not bo lightly disregarded by the jury." And
when I .-ay these thing- Sfl QTldOMQ Of tho
handwriting ot Morris and of the genuineness
I of the instrument, I do not menu to he under-'
; stood a- laying they arc conclusive evidence,
but that unopposed by other evidence, the-e
j facts would be sutlii ient to osfbUlh their gen
uineness. The legal pre-uinption being in mvor
of innocence, the presumption, in the first in
i stance, Is, Unit the instrument and the ligne
I ture thereto is genuine; and this pmemptiOQ is
I lortilied and strengthened if it be made to if
pear trom evidence in addition to the legal pre
sumption thut the signatures ot the witnea
and the certificate of acknowledgment are the
genuine work of the persons they purport to be.
Hence the presumption that the instrument is
genuine a presumption made stronger by
proof of the genuinene.-- of i,n itures of wit
nesses and Notary is a part ol ihe evidence in
the case and it i" tho duty of the .Isry to look
it all tho rest of the evidence in the light of
such presumptions. And the burden of proof is
upon tho prosecution to overcome theo pre
sumptions, und it, taking all the testimony in
the case these presumptions are not overcome
to the satislaction of the Jury, beyond I rea
sonable doubt, the respondent -hould be
I have len requested by counsel for the
respondent to instruct you that il the signature
to the certificate of acknowledgment attached
to the mortgage el June Sift, is the genuine
signature of Jerome Coleman then you sh mid
acquit the prisoner. I am also requested to in
struct you that if you find the signatures of the
witnesses to the mortgage tre the genuine sig
natures of Newton Foster and JofOOM Coleman,
then you should acquit the prisoner. When
these requests were handed to the Court 1 was
strongly impressed with the vicwi of the coun
sel for the respondent in relution to them, viz :
that as the prosecution has, in the information,
charged the rcspon lent with the forgery of the
instrument therein ct forth, which instrument
purports to have been made, sined, -ealed,
execmed, acknow ledged and delivered by Apio
Morris to Milo I). Matte-oii in-tead of charging
him only with the torgery of the signature Of
Morris, the information must be taken as
dc-cribing a paper no pari ot which is genuine,
or at least as de-cribing I different paper from
the one which WM forged, If indeed a forgerv
was committed. A very slight exatnina'ion of
thesu propositions, however, satisfies me that
they are incorrect, and that il the Jury should
find as indicated, it would not constitute a valid
defence It is true that so tar us tho prosecu-
t r BOdSTtafcoi to describe u forged instrument
ne is Dtmaa to prove it as ascenoed. Hut it
doss not follow that because he sets out the
Of seise language of the paper, he is bound to
prow that ihe respondent wrote the entire
laetnuaent In the absence of what purports to
be the signature of Mrris, the instrument
would not lie nor purport to be a deed : but
with the signature Of Morris, we may dispense
with the witnesses and the acknowledgement
and still the instrument woiil 1 purport to be a
deed. The witnessing and acknowledgment
are not indispensible requisites. By statute
they make tho deed pri'ws fw what it pur
ports to be, and nothing more. Put it may be
urged that the information charges that Matte
son forged a paper that then hnd upon it the
names of witnesses and also a certificate ot
acknowledgment: whereas, the proof und- to
show that the name- of the witnesses Foster
and Colcmun and the certificate of acknowledg
ment were affixed after the name of Morris had
been subscribed to the paper ; and hence if a
forgery was committed it was aecoiupli-hed bv
signing Morris' name to tho mortgage lefore it
was witnessed und before the certificate ut
acknowledgment was affixed. It is therefore
claimed that as the information sets out a
paper that at the time of tho forgery had upon
it a certificate of acknowledgment and tho
names of witnesses, the respondent cannot
RfOpOr 1 he convicted for forging a paper that
did not when forged (if trged at ail) havo upon
it the names of witnesses und a certificate of
acknowledgment. .Now if as mutter of fact
the signature of Morris was forged it follows
that though the names of Coleman and Foster
nppenr as witne-ses, they are not, in tact such.
Tho witnessing of a paper consists not merely
in the act of writing the witness' name but in
taking cognizance of the fact that the maker
signs, seals and delivers the instrument in tho
presence and view of the witness. If this be
not done, if tho maker if not i r i . and deliver
tho instrument in the presence Of the witness,
then that which purports to be a witDOStiag h
not such but is a falsehood is not genuine.
And so with the certificate of acknowledgment.
If tho maker named in the instrument do not in
fact acknowledge it; then that which purport.'
to be un acknowledgment, is not -uch, and in
thnt sense is not genuine. Tho respondent is
charged with falsely making, counterfeiting
and forging a certain false, forged and counter
feit deed not merely the counterfeiting of the
signature. Now it is iMrMM which part the
forger makes or SMMtl II be made firt. VThi'e
it is not necessary to the validity of deed
that it be witnessed and acknowledged, -till
when it is so witnessed and acknowledged, that
H part of the deed and gives t0 it certain legal
effect that it would uot othe.wise have. While,
as I have said, a deed is valid without beintr
acknowledged or witnessed, stj- the in-Tomem
m ,t ., (i th, tyorOMtio purports to be wit
nessed and acknowledged. Hence it the prose
cutor had put in evidence as a foundation for h
eonvietioa forged mortgage without witness
or n certificate of acknowledgment, I think
the accused could not properly be convicted
under this information. But an in rument
has been introduced in evidence corresponding
to the one described in the information. Now
even tho'igh the name of Morril may have been
f irgcd to if htf tho accused nrior to i.,. '
ing and certifying, still if tho Jurv should find
that subsequent to that time and OB ;ho -1st
day of June last, at the village ol Dfatwr. ut
the request of the lesponden;, tb D, the
wirrieses were added and the , jlt,. ,,t
ac knowledgment affixed .without thokfl wledgpt
or consent of Morris, then such act though per
II ranee! by Foster and Oolesaan wonld item
ed as part of the act of making the Is ,ienT)
and if done at respondent's reoue-r ,v :itt
considered, in connection with the forcing of
.Morris' signature, as a uiaking an r.'ing
Of tho whle in -tniment, and a- w this the
provisions of the statute against the tiu',;ing
and forging of a hil-e and forged deed.
I have licen requested to advi-. j ,,,
you find "that the first use thai Maitoson made
of the mortgage was on sending it to Gassopolia
to be recorded, then even if forge 1, the rime
would he complete only in Cass county . ..1
Court would have no jurisdictk n of , ,
and the Jury should acquit the pri
This cannot, I think, bo tho law, i':.- oriuM
is complete when the in-trument is oompletod
for thepurpo-e of injuring or defrauding. The
-ending for record or otherwise uttering the in
strument would ho DM the means foi aeneon
plishing the injury intended by the rsffgory.and
wonM no no part of the forgery Iteeti upon
tl i point I recognize the law as applicable t
tall oaae to be, that if the Jury find : in the
evidence that tho iiiorf!sL'c in neeati n is a
j forgery, and that it WM found in pes-' -i n ol
tht defendant, and tbM he elaimed tin del il,
such poOBStrioti ana claim may be eoatid od a
OVl tones tending to show tha. he ( rSJOd it or
tensed it to be (breed
If you find lhat the respondent tout the
mortgage la question for record. 'hi- i i oee
tending to show, hi connection with tOe fact
tbM hi- name appear- a DMttgagee in the
Inttromenti that he elnianni under r I p u
thil point I further edvioa you tha: .' you
should find that on the day it bear-id '. to
was a resident of Decatur, in thi- ..-ou . and
that be was at that place through th;:1. entire
day .r until the evening of that day.tl set
sronl I be evidence tending to show that the
forgery, if committed, wai committed i tbb
'lie question to he determined in thil ease i .
not whether Morris actually haa ail or any part
ot the ran of money tho payment of wr.i I;, th
mortgage purports to secure, nor whether there
wm or was act included therein i
u-urious interest ; nor whether Morri
hud occasion ro use so large a .-urn OT
money ai ii il claimed he borrowed oi
sum for
ised r
"lllj- of
If tbo Bsortnnge ii valid, if it is the rnnsao
mortgage of kmot .Morri--, it is wholly laaaan
terial in the trial ot this issue, whether he
received any present OOntHderMloU the i or r
whether it was given to liquidato i. . r r
1 nvnanU to you tbM the burden proof
wai upou the People to establish tin gnilt of
the accused. It is not incumbent on iodtfen
dant to prove that Amos Morris WM II um-
etances which nude i Booooeary i t i m to
borrow money ; nor does it devojvc ., him
to prove what consideration Morris received tor
Ue mortgage in quo-tion, Tne ultim.. ot -tion,
the real issue, is, whether in fact Matti on
forged the mortgige.
These other questions in relation
evidence has been produced, are n!y
as they may tend to throw M0B0 ligh'
main question.
The defendant not only denies havii
tho mortgage in question, but in-i.-t
' o
i ti rin
1. '(.
'flrtl it is
the genuine mortgage of Amos Morri- axe tUted
at Decatur in thil SOOOty at the time It t ur
ports to have been. On the other i I, the
public prosecutor, iu behalf of the Mplo,
insists that on the 21st of June. :i .'ay on
which the instrument boon date, M
not in Decatur, and PttraOreni WftttMOM have
been introduced on Ixtth sides a rtlation tv
this question. This absem o from I n
an alleged fact in support of the pn itoVl
cae. In relation t.thi- a m rcla'.ioa to all
other alleged metl upon which the Pe
as tending to prove the gnltt of the a
araet be estnblUbed to the lattsfactln
Jnry beyond n roesonabls doubt. I
you will perceive tha t if you have 11
ble doubt whether Amos .Morris WM i
on June list is:.;, or not yen will
liberty to uy he was uot there. The I
o MlnnrnUan raay be thus stated:
M vely
meed, It
; the
in this
eaat oa
DecntM be at
e under
Sacb t
the facts and circumstance- relied in - i ov tho
prneeentien and lastojlal to a eonviof on i mat
ne proved and Mtabllebod with the ma b degree
of oortaiaty with which the guilt of the reepoa
dent is reipiired 'o boOStabllebed, .. ! 0 fact
or i ireara stance alleged by the prorac tioa ii to
be considered St ull by t be Jury, in ''ennin
ing the question of guilt or innocec -e, uoless
the truth of sai l fa -t sff lllmaBHtSma I b'I.v
established try erodible ovldsoee to fho enthn
iMhwnetlwn ot the Jnry and beyond . esaona
his doubt ; and when any sucn tac -tab
lished, to render it of any value in es'it. 'dishing
guilt, it must he such a fact a- i M ?i- ent
with the guilt of tho defunda'it SB I -i-tent
with his innocence.
'To warrant you iu finding B vt "diet ol
guilty, you must find that the theo'y f the
guilt of the prisoner flows uat irally rTOSS the
facts proved, and ftom all of the ti : : ,ind
must le consistent with all such fac.1 mil if
vou find anv one of the cstablisi.nl t". to '.e
inconsistent with the guilt of the i rtl
it is your duty to acpiit him, altbon
other fact" may be con-istenf with and
inn guilt."
To justiiy a eeavretten of the n .
it is not saflekni that there is a proi I
of ovidenee in favor of gnih even
such prepon icran.-t should be BO gr
creete. in tho opinion of the jury,
probability of guilt. The guilt of tl e
tr, then
sfl rbe
point to
'. as to
dent must be proved to a moral cerfa nty.
to the exclusion of all reasonable do jbt. '
"The guilt or innocence of the ptiiotaat i
not to bo determined upon a uiere p npswdJor
unco of the proof. This n rule in :vd cau
ses, but in this case the prisoner taWsl I o ac
ciiittcl unless the evidence rSJBOWt efntj
reasonable doubt of his guilt from th I b is ol
the jury; and in canes of doubt it h sfer to
acquit than convict."
It has been said that the ease with which an
alibi may be got up and maintained, onderi it
a very suspicious kind of proof. Tbn bj true ;
yet when established by reputable vitnesee,
who satisfy tho jury that they are n it mista
ken, it is usually vory conclusive, tV i: pre
cludes the p i -ibility ot the person , whose
behalf it i invoked, having been at ;ho place
where it is claimed ho was by tho p.
tioning the ulihi. On tho other hand,
successful attempt to establish an affl
ways a circumstance of great weigh'
y ojMM
mi anv
Il al-
i gainst
the party attempting to establish it, and would
tend to discredit the whole evidence fl that
branch ,,r tho case." Defendant's
fContinucdon th pajcl

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