Page:Federal Reporter, 1st Series, Volume 2.djvu/768

 UNITED STATES V. SACIA. 761 �opinion as to the facts. It is for you to determine how far the testimony goes to satisfy you of the connection of the several defendants with the conspiracy. �I would suggest, however, that you take up the cases of each one of the defendants separately, and apply the testi- mony. For instance, consider the connection of Dr. Park. The testimony affecting him ia direct and circumstantial. The only direct testimony is that of Mrs. Lewis, and he as directly denies the connection as she unequivooally charges it. His counsel very forcibly put the question to you, which will you believe, Mrs. Lewis or Dr. Park ? It was and is a proper inquiry to make; but, in answering it, you are to bring into the account one or two things, which the counsel overlooked, or did not advert to — you will inquire what motive the parties had to assert or deny the fact : First, the mo- tive of Mrs. Lewis in asserting it ; and, secondly, the motive of Dr. Park in denying it. �The course of conduct in every one is influenced by motive. Has anything appeared in the cause which, in your juagment, would prompt a bad woman like Mrs. Lewis to falsely charge Dr. Park with complicity in the fraud ? How does she bene- fit herself by attempting unjustly to drag him in? With regard to his testimony, he has every motive to deny it. You must ask yourselves, how, and how far, the advantage which must resuit to him affects the creaibility of his testimony. �After thus contrasting the testimony of Mrs. Lewis and Dr. Park in the light of the motives which prompted it, tum to the other witnesses and ascertain how far they are supported and corroborated in any material points in the case. �I do not understand what the counsel for this defendant meant by saying to you that you had no right to believe a part of what Dr. Park says and disbelieve another part. I do not so interpret the duty of the jury. You may accept a portion of his testimony and reject another portion, if, comparing it with itself as a whole, and with the other witnesses, you are led to do 80. Look at the testimony of the Bensons in this connection. The government charges that ail of Park's stepa in that direction were to get the necessary facts to aid Mrs. ����