253 F. 36 | 4th Cir. | 1918
“Are we facing a militarized America? War has been declared without a .refeiendum vote of the people. Conscription has been thrust on an unwilling people without a referendum. Will compulsory military service be the next questionable innovation? Wo have newspaper talk about ‘Democracy’; let us have it in reality, in our political, social and industrial' relations. Demand the referendum on all vital public questions. Demand tho repeal of the Conscript Act. West Virginia Legislature is planning to penalize strikes during war time. Oppose it. — Workmen’s Council of Defense.”
On the circular was a cartoon, representing a German soldier and a member of Congress in grotesque attitudes, and a citizen speaking to the congressman. Under the cartoon were the words:
“American Father: Come now, Mr. Congressman — none of that for my sons.”
A demurrer to the indictment was overruled. The statute providing for registration for military service was enacted on May 18, 1917. 40 Stat. 76, c. 15. Obviously the defendants were informed that they were charged with formation of conspiracy in the month of May after the enactment of the statute, for the indictment spe
Since the evidence on behalf of the government consisted, not only of circumstances, but admissions of the defendants, the instruction based on the assumption that the evidence was entirely circumstantial was properly refused.
We are unable to find any language in the charge expressing the opinion that the distribution of the circulars set out in the indictment did obstruct the registration. On the contrary, the inference of purpose and effect to be drawn from the evidence was in explicit language left to the jury.
Error is assigned in the refusal of this instruction;
“It is your duty ta presume the defendants and each, of them innocent, and this presumption you should carry with you into the jury room; it is an essential principle of the law of the land and is imposed upon you during your deliberation as a jury.”
The District Judge properly charged that the presumption of innocence continues only until it is overcome by evidence which satisfies the jury of the guilt of the accused beyond a reasonable doubt.
A careful examination of the whole record discloses no error.
Affirmed.