The semi-weekly miner. [volume] (Butte, Mont.) 1882-1886, 1883-06-13
Judge Wyue's Charge.

~ ONXS
WASHINGTON, June II. judge
Wylie began his charge to the stal
route jury this morning. After thank
ing the j0rymen for their patient at,
tention during the weary months OF
the trial and reminding them IDA
they had nothing to do with the pub
lie demand, newspaper articles or ap-
peals to their sympathy, but must de-
| eide the case upon the evidence, ne
at once commenced to state the legal
points involved.
Judge Wylie then turned to the
printed prayers, and common ted
upon those not all eady disposed OF
in his preceding remarks. Touch
ing the amount of credence to 1e giv-
en- Rerdell's testimony, Judge Wylle
said it was not to be ~discredlted De
Cause it was that of an accomplice, II
it was cOrroborated by other witness.
es and sustained by the material
theory and aspect Of the case. In
considering the testimony given by
the defendants the jury must make
allowance fSr the temptation to
which they were exposed. He could
not grant the governments prayer
that the Jury be directed to regard
As a circumstance to prove guilt the
refusal of the defense to produce
books and other written evidence
upon notice. That was not law. 1t
did not allow unfavorable in
ference to be drawn from
such refusal, but it allowed the prose-
cution to give secondary evidence,
and it was good for all 1t could fairly
prove and could not afterwards be
impeached or contradicted. The
Court thought the jury could find
any other defendant guilty of con-
spiracy with Rerdell.
OF the failure to call Basler and
Williamson the Court said the jury
was at liberty to draw their infer
if they believed that those wit
nesses could have given important
evidence. This disposed of the
prayers of the prosecution.
Judge Wylie then proceeded to an
swer such prayers of the defence as
were designated by that side. The
Jury were instructed that it was their
duty to find there was no conspiracy
if the facts proven could be accounted
for upon any reasonable hypothesis
of innocence based upon evidence. A
large number of prayers attacking
the Indictment upon the groundt that
it had been drafted under an improp-
er law, and complaining OF erroneous
description of papers were refused.
The ninety-ninth prayer, admitting
the right of the jury to disregard the
testimony of a witness who
swears falsely on a mate
rial point, was allowed. The nine
teeth prayer clothing the defence
the presumption of innocence
until proved guilty beyond a reasona-
bic doubt was also allowed. Many of
The remaining prayers for the defence
we're refused and the remainder
A number of exceptions
o the charge were noted by the coun-
for the defence Bliss suggested
The jury were instructed they might
ind conspiracy betwe en- Peck and
,ne of the defendants. The foreman
ssked that the jury be furnished with
copy of the charge but Judge Wylie
'milingly said, THAT it was ali in
he air" he had no record of it. II
he jury were at a loss in regard to
my point of law the court, upon
heir application would relieve them.
The baiIiffs were then sworn to take
of the jury. A copy of the in
was furnished the jury and
hey retired. The court then took a
ecess until 10 o'clock tomorrow
morning with the understanding if
hey airivel at a verdict before ten
clock tonight the court will reas-
emble to receive it..