Now, gentlemen, I say to you, and I say to you once for all, I want you to get out of your minds and out of your hearts any prejudice against this man on account of these times. I understand now that in every man's pathway hiss and writhe the serpents of suspicion. I understand now that every man in high place can be pointed at with the dirty finger of a scurvy rascal. I understand that. I understand that no matter how high his position is, that any man, no matter how low, how leprous he may be, what a cancerous heart he may have, he can point his finger at the man high up on the ladder of fame, and the man has to come down and explain to the wretched villain. I understand that; but these prejudices I want out of your mind. I want you to try this case according to the evidence and nothing else. I want you to say whether you believe the testimony of these conspirators and scoundrels. I want you to say whether you are going to take the testimony of that man, and if you bring in a verdict of guilty I want you to be able to defend yourselves when you go to the defendant and tell him: "We found you guilty upon a man's testimony who admitted that he was a thief: who admitted that he was a perjurer; who admitted that he hired others to swear lies, and who committed crimes without number year after year." I want you to say whether that is an excuse to give to him. Is it an excuse to give to his pallid, invalid wife? Is it an excuse to give to his father eighty years old, trembling upon the verge of the grave: "I sent your son to the penitentiary upon the evidence of a convicted thief"? I say is it an excuse to give to his weeping wife? Is it an excuse to give to his child: "I sent your father to the penitentiary upon the evidence of Jacob Rehm"? There is not one of you can go to the child, or to the sick wife, or to the old man, or to the defendant himself, and without the blush of shame say: "I sent you to the penitentiary upon the evidence of Jacob Rehm." You cannot do it. It is not in human nature to do it.
Now, gentlemen, there is one other thing I want to say. Suspicion is not evidence. Suspicious circumstances are not evidence. All the suspicion in the world, all the suspicious circumstances in the world, amount not to evidence. I want to say one more thing. They say that the testimony of a thief ought to be corroborated. By whom? another thief? No. Because that other thief wants corroboration, and that other thief would want corroboration, and so on until thieves ran out, which I think would be a long time in this particular community at this particular time. Understand that whatever one thief swears, that it is not corroborated because another thief swears to the same thing, and upon the point upon which Judge Doolittle dwelt so splendidly he must be corroborated upon the exact point. For instance, Mr. Munn went to his house, Mr. Munn went to his office, and another man says, I saw him there. That is not corroboration. He must be corroborated in the fact that he gave him the money, not that Munn went to his house—not that he had an opportunity to give him the money—not that he was there, but he must be corroborated as to the exact, identical point that makes the guilt.
Now, gentlemen, I am going to leave this case with you. I feel a great interest in it. The defendant feels an infinite interest in it, infinite, I tell you. It is all he has on earth, all he has is with you. You are going to take his hopes; you are going to take his aspirations; you are going to take his ambition; you are going to take his family; you are going to take his child; you are going to take everything he has in this world into your power. It is a fearful thing to take this responsibility. I know it. But you are going to take it—his future, everything he has dreamed and hoped for, everything that he has expected to attain—his character, everything he has that is dear to him, and you are going to say "Not guilty," or you are going to cover him with the mantle of infamy and shame forever; you are going to disgrace his blood; you are going to bring those that love him down with sorrow to their graves; you are either going to do that or you are going to say, "We will not believe the testimony of self-convicted robbers and thieves." And, gentlemen, I ask you, I implore you, I beseech you, more than that, I demand of you that you find in this case a verdict of "Not guilty." Put yourself in his place. Do you want to be convicted on that kind of testimony? Do you want to go to the penitentiary with that kind of witnesses against you? Do you want to be locked up on that kind of testimony? Do you want to be separated from your wife or your child on that kind of evidence? Do you want to be rendered infamous during your life upon the testimony of such men as Golsen and Conklin and Rehm? Do you? Do you? Do you? Does any man in the world imagine that twelve honest men can be found that can rob another of his citizenship, of his honor, of his character, of his home, and of his entire fortune, simply upon the testimony of such scoundrels? No, gentlemen. For myself, for this defendant, I have no fear. All I ask is that you will give to this evidence the weight that it deserves. All I ask of the prosecuting attorney in this case is that he do his duty. All I ask of him is to state just as nearly as he can, as I have no doubt he will, the evidence in the case. All I ask of him is that he give to all these circumstances their due weight, and no more. I ask him to fight for justice and not for his reputation. I ask him to fight for the honor of the Government. I ask him to fight for the complete doing of justice, if he can, but I hope he will leave out of the case all idea that he must win a case or that I must lose a case. We are contending for too great a stake. Personally, I care nothing about it, whether I make or lose what you please to call reputation in this affair. I care everything for my client. I care everything for his honor, and more than that, gentlemen, I love the United States of America. I love this Government, I love this form of government, and I do not want to see the sources of government poisoned. I do not want to see a state of things in the United States of America whereby a man can be consigned to a dungeon upon the testimony of a robber and thief, simply upon a political issue, simply by the testimony of some man who wishes to purchase immunity at the price of another's liberty and honor.
One more point, and I have done. I had forgotten it, or I should have mentioned it before. They have appealed to you all along to say that the fact that high-wines were so cheap during all this time put Mr. Munn upon his information, so to speak, that there were frauds. Let me take those books and let us see. On the 6th day of June, 1874, the tax on spirits was seventy cents, and the price was ninety-four cents. That made them get twenty-four cents a gallon for the whiskey. Understand, the tax was seventy, the price was ninety-four. That made them get twenty-four cents for the whiskey. Now, then, on the 10th of June it was ninety-six and a half cents. That made twenty-six and a half for the whiskey. On the 10th of June, 1874, twenty-six and a half they got for the whiskey. February 11, 1874, ninety-six cents, which made twenty-six cents; and so it went on in that way, until what? Until the tax was raised from seventy cents to ninety cents, and what is it now? The tax on whiskey, gentlemen, is ninety cents, and the price on the 10th day of May, 1876, is one dollar and seven cents; so that the price of whiskey now is only seventeen cents above the tax, and at the time that Mr. Munn ought to have known that everybody was a thief and rascal, the price was twenty-six cents above the tax, ten cents more than now. From these figures, gentlemen, you will see it, and how high did it go? The day Mr. Munn was turned out of office—gentlemen, on the tenth day of May, 1875,—the tax then being ninety cents, whiskey was worth one dollar and fifteen cents. The day he was turned out. It was nine cents more than it is today. You are welcome to all you can make out of that argument. It was worth nine cents more a gallon above the tax the day he was turned out than it is to-day, and if Mr. Munn was bound to take judicial notice that there was nothing but frauds in the district, and every distillery was running crooked, I say that the officers of the Government are bound to take that notice to-day, and you must recollect, gentlemen, that it was admitted in this case that there were frauds all over the country, that there were distilleries running in St. Louis, in San Francisco, in Milwaukee, in Peoria or Pekin, in Peoria, I believe, in my town, not a sound has been heard, and not a solitary man, I believe, charged with fraud—in St. Louis, in Louisville, in Cincinnati, in all these towns. Now, where was the whiskey being made that was crooked? Nobody could tell. If there was a vast amount being made in Cincinnati it would lessen the price in Chicago, no matter whether the Chicago distillers were running honestly or not. If there was a vast amount being made in St. Louis it would lessen the price, no matter whether the other distilleries were running honestly or not, consequently it was impossible for the supervisor to tell it.
There is another thing I forgot. During all the time Jacob Rehm was doing this gratuitous rascality he was one of the bondsmen on the official bond of Hoyt. He was not only helping Hoyt steal and giving him all the money, but he was making himself responsible for the money he stole, and he did not charge any commission on it. He did not charge for any shrinkage or shortage or anything in the world, but made himself liable for the uttermost farthing. He was on the bond of Collector Irwin, called the stamp bond, and so do not forget that he did not only not take any money, but he went on the acknowledgments of the thieves that stole it. He not only did not take any himself, but he made himself liable as a bondsman for what he gave to them. Do not forget these things.
Now, gentlemen, I believe I have said about all I wish to say to you; the rest is for you. You must take the case, and, as I said, you do not want to go off on any prejudice against the kind or the character of the case. You do not want to go off on the idea that the air is full of rascality because some of us are to be tried next. We don't know. Let us try this case fairly and squarely on the evidence, and the next time I meet you, gentlemen, every one of you will be glad that you found this defendant not guilty, as you cannot avoid doing.
[The Jury rendered a verdict of "Not Guilty.">[