stituting a part of the records of the bank in the hands of a receiver after the bank's failure, are admissible as original records.

13. SAME-books of bank are admissible on trial of officer of a bank on a charge of conspiracy. While a defendant cannot be compelled to produce any of his private books or papers which may tend to incriminate him, an officer of a bank who is charged with conspiracy to defraud the public through mismanagement of the affairs of certain banks is not deprived of any constitutional rights by the introduction in evidence of the records of the banks in the hands of their respective receivers.

14. SAME what instruction as to credibility of defendant's testimony is erroneous. It is error to give an instruction on the question of the credibility of the defendant's testimony, to the effect that, although the defendant has a right to testify, the jury are not bound to believe his testimony but in considering the credit to be given to it they may take into consideration his interest in the case and his desire to evade punishment for the crime with which he is charged.

15. SAME-reputation, when put in issue, is properly a part of the defense. It is error to instruct the jury that "a good reputation is no defense in a criminal prosecution," as reputation is properly a part of the defense if it is put in issue, and although not a defense to crime it is proper to be considered, with the other evidence, as a defense to a criminal charge.

16. SAME-when Supreme Court will not review trial court's action in refusing instructions. Where the number of instructions asked by the accused is so large that the trial court would have been justified in refusing to consider them and in requiring counsel to present a reasonable number, the Supreme Court will not review the action of the trial court in passing upon the instructions tendered by the accused and refused.

17. SAME-Court should not allow session to be interrupted to take photographs. It is not in keeping with the dignity which a court should maintain or with the proper and orderly conduct of its business to permit its sessions to be suspended or interrupted to enable persons to take photographs or moving pictures of the trial.

18. SAME spectators should not be allowed on rostrum with judge. Spectators at a criminal trial should be required to stay in the part of the court room intended for them and should not be invited or permitted to occupy the rostrum with the judge.

19. SAME-accused should except to demonstrations by spectators and procure statement in bill of exceptions. If the defendant in a criminal case desires to preserve for review the question of

demonstrations by spectators he should except to such demonstrations when made and procure the court to include a statement of the facts in the bill of exceptions.

CARTER, C. J., and CARTWRIGHT and CRAIG, JJ., dissenting.

WRIT OF ERROR to the Appellate Court for the Second District;-heard in that court on writ of error to the Circuit Court of Grundy county; the Hon. SAMUEL, C. STOUGH, Judge, presiding.

JOHN E. HOGAN, WILLIAM A. ROGAN, and EDWARD H. MORRIS, for plaintiff in error.

EDWARD J. BRUNDAGE, Attorney General, MACLAY HOYNE, State's Attorney of Cook county, FRANK H. HAYES, State's Attorney of Grundy county, and JAMES H. WILKERSON, (EDWIN J. RABER, EDWARD E. WILSON, and W. H. HOLLY, of counsel,) for the People.

Mr. JUSTICE COOKE delivered the opinion of the court:

Charles B. Munday, plaintiff in error, and William Lorimer, Sr., Harry W. Huttig, Thomas McDonald, Charles G. Fox and John K. Segrave, were jointly indicted by a special grand jury in the criminal court of Cock county, the indictment consisting of thirty counts, charging them with the crime of conspiracy. The first count charges the defendants, and divers other persons whose names were unknown to the grand jury, with conspiracy to wrongfully obtain, by false pretenses, money from the public generally and from the following named corporations: The LaSalle Street Trust and Savings Bank, the Ashland-Twelfth State Bank, the State Bank of Calumet, the Broadway State Bank, the International Trust and Savings Bank, the Rosehill Cemetery Company, the Farmers' Bank of Bethalto, the Citizens' State Bank of Alhambra, Illinois, the State Bank of Oconee and the Illinois State Bank. The second count charges the defendants, and divers persons whose

names were unknown to the grand jury, with conspiring to cheat and defraud, by subtle and fraudulent schemes and practices, the Ashland-Twelfth State Bank, the Broadway State Bank, the Calumet State Bank, the International Trust and Savings Bank and the Illinois State Bank of their property by false pretenses and by entering into an unlawful, fraudulent and collusive agreement and understanding with the officers and directors of said banks whereby such officers and directors were to unlawfully turn over to the LaSalle Street Trust and Savings Bank, and to the defendants, and to divers corporations and concerns controlled by the defendants, the money and property of said banks in exchange for notes, mortgages, bonds, drafts and certificates of deposit of little or no value, as the defendants and the officers and directors of said banks well knew, and to cause said banks to purchase from the defendants, and from the LaSalle Street Trust and Savings Bank and other corporations and firms which the defendants controlled and operated, notes, mortgages, bonds, bills of exchange and certificates of deposit at a price greatly in excess of their real value, as the defendants well knew. The third count charges the defendants with conspiracy to cheat and defraud the LaSalle Street Trust and Savings Bank, by the defendants Lorimer, Munday, McDonald and Fox, who were salaried officers and employees of the bank, turning over to the defendants the money and property of the bank in exchange for notes, drafts, bonds, stocks, bills of exchange, securities and mortgages of little or no value. The fourth count charges the defendants Lorimer, Munday, Fox, McDonald and Huttig with conspiracy to procure fraudulent, bad and desperate loans to be made by the LaSalle Street Trust and Savings Bank to Lorimer, Munday, McDonald and Fox, all salaried officers or employees of the bank, and to certain firms and corporations controlled by Lorimer and Munday, and in the management and control of which they were actively engaged, without first having said loans ap

proved by the board of directors of the bank. The fifth count charges the defendants Munday, Huttig, McDonald, Fox and Segrave, and divers other persons whose names. were unknown to the grand jury, with conspiracy to obtain certain trust funds from the Rosehill Cemetery Company by false pretenses, and to cheat and defraud the Rosehill Cemetery Company by subtle schemes and practices, and by entering into an agreement whereby the defendants Huttig and Munday, who were, respectively, president and secretary and treasurer of the Rosehill Cemetery Company, were to transfer to the LaSalle Street Trust and Savings Bank, and to Lorimer, Munday, Huttig and Segrave, and to divers corporations and concerns controlled by them, the said trust funds in exchange for mortgages, notes, drafts, securities and certificates of deposit of little or no value, as the defendants well knew. The sixth count charges the defendants, and divers other persons whose names were unknown to the grand jury, with conspiring to obtain goods, funds and property from the stockholders, creditors, customers and depositors of the LaSalle Street Trust and Savings Bank by publishing and circulating a false and untrue statement showing said bank to be solvent, when, as the defendants well knew, the said bank was, and for a long time had been, insolvent, but which condition was not known to the said stockholders, creditors, customers and depositors of the bank. The ninth count charges the defendants with conspiracy to cheat and defraud the Rosehill Cemetery Company by purchasing, as officers of the cemetery company and with trust funds of the cemetery company, certificates of deposit of the LaSalle Street Trust and Savings Bank, of which they were officers and agents, well knowing that said certificates of deposit were of little or no value. The tenth count charges the defendants with conspiracy to obtain money and property from the International Trust and Savings Bank by means of the confidence game, and the eleventh count charges them with con

spiracy to obtain money and property from the same bank by means of false pretenses. The twelfth, thirteenth, fourteenth, fifteenth, sixteenth, seventeenth, eighteenth and twentieth counts charge the defendants with conspiracy to obtain money and property from the LaSalle Street Trust and Savings Bank, the Ashland-Twelfth State Bank, the State Bank of Calumet and the Broadway State Bank, respectively, by means of false pretenses or by means of the confidence game. The nineteenth count charges the defendants with conspiring to obtain money, notes, stocks, bonds, securities, bills of exchange and drafts of the public. The twenty-first count charges the defendants with conspiring to obtain money and securities from the depositors of the State Bank of Calumet. The twenty-second, twenty-third, twenty-fourth and twenty-sixth counts are the same as the twenty-first, except the Broadway State Bank, the International Trust and Savings Bank, the LaSalle Street Trust and Savings Bank and the Ashland-Twelfth State Bank, respectively, are named in the respective counts in the place of the State Bank of Calumet. The twenty-seventh count charges the defendants with conspiracy to embezzle the money and property of the LaSalle Street Trust and Savings Bank. The twenty-eighth count charges the defendants with conspiracy to deceive the State Auditor and bank examiners by making and causing to be made false statements pertaining to and affecting the liabilities and assets of the LaSalle Street Trust and Savings Bank. The twentyninth count charges the defendants with conspiring with the officers and directors of the Ashland-Twelfth State Bank, the Broadway State Bank and the State Bank of Calumet to deceive the State Auditor by falsely representing to him that the capital stock of the said banks had been paid in in cash pursuant to law, and thereby induce the Auditor to issue certificates authorizing said banks to transact banking business. The twenty-fifth count was quashed, and upon