New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1886-08-20
TRIAL OF The ANARCHISTS.
JUDGE GARYs CHARGE TO THE JURY.

THE pIsTRICT-ATgORNEY DOES NOT ASK FOR THE
CONVICTION or ALL-rHg JURY OUT A LONG TIME.
CHICAGO Aug. 19.-The trial of the Anar-
chists continued to-day DstrictAttorney Grnnel
ended speech for the prosecution, and Judge Gary
instructed tho jury. The jury left the courtroom to
consider their verdict at $50 p m but not having re-
turned at m, the judge adjourned the To-
morrow morning at O'clock.
Mr.. Grnne concluded his speech by saying his labor
over; the jury's was just begun. They had the
power to exact the lives OF some OF the prisoners to
others they might give term Of In the peniten-
tiary and some again they might acquit lie would not
ask the jury to take the life OF Oscar Neebe. He would
ask the jury to do what he would not do himself
The proof not sufficient to convict Neebe, but some
OF them, Spies Fischer. Lngg Eneel Felien. Parsons
and schwab, ought to have the extreme penalty admin
istrated TO them. The Anarchists were deathly PALE
Mr. Grinnol went with tremendous earnestness.
Pointing his hand at the prisoners he said: " PEN
sonally have not word to say against these men.
But tho law demands they be punished. They have
violated the law and You, gentlemen OF the jury, stand
bet the living and tho dead. Do your duty. Do
not disagree. II yod think that some OF them do not
deserve the death penalty give them life sentence bat
do not disagree"
Judge Gary then instructed the jury. After giving
the usual definitions OF what constituted murder and
punishment under the statutes. the Court ia
strced the Jury, matter OF law, that In considering
the case, they not to go beyond the evidence to
hunt up doubts, nor must they entertain such
doubts as are merely chmerical conjectura.
II any OF the defendants attempted 10 overthrow
by force. ard the bomb, then the defend
ants who in the conspiracy guilty OF murder
II there Anarchstic conspiracy and defendants
were parties they guilty OF murder though the
date OF elimination OF the conspiracy was
fixed. IL any Of the defendants conspred
to excite, by advice, people 10 riot and murder
such defendants are guilty II murder done In
eenfg
the aims OF denfendsnts is inmaterla. The crcum-
santsl evidence is competent to prove guilt and II de-
endants conspred TO overthrow the law and Degan was
killed in consequence, tho parties are guilty aud IL Is
not necessary that OF defendants were present at
the killing All parties co tho conspiracy arc equally
guilty Circumstantial evidence must satisfy the jury
beyond reasonable doubt. In such case the jury |
may find defendants guilty. When tho defend |
ants testified in the case they stood on |
the ground other witnesses. |
The jury take the interest OF witnesses
The jury might nd any or all the defendants guilty or
guilty, and could nix the penalty for all IL guilty
liked in accordance with the statute Forms verdiois
were given TO the jury providing for all the sentences
For the defendants the instructions were that
the jury snder ,nSS ss nS Law better as
Before the jury can convict the defendants they must
nnd them guilty beyond al reasonable a0Wo M sas
selieer testified from promise OF reward, such fact
any OF states testified from hope OF re-
ward. the same should apply. II de-
workngnen strikers being attacked ny the polce
defendants would assist the srkera To resist such
attack such agreement constituted conspraey,
the Jury must he satisfied that such contemplated aek
justified legally before they could convict; such
attack by police unlnstihei and Illegal ana such
contemplated resistance was simply opposing wrong
legal force TO repel salu
then the facts assumed in the first part the nsruc-
ton did constitute conspiracy. Unless the |
evidence showed that the person who threw me OonO
was acting under tho advice and procurement OF the |
defendants OF them, all defendants were 10
acquitted. Such advice might not be special az 10
tho person who threw the bomb was instgateu ny 'e
Defendants that fact must be established beyond all
reasonable doubt IL would not do to that because
the defendants may havo ADVISED IL, therefore, wien
yloeuce the result OF such advice. 1hcre
must n direct connection shown between me adVce
and the contamination OF the crime IN order to convict
Although the defendants some or them may nave |
published their views or the TACT h1t sOcia
should DO brought about by force and that
dynamite should DO used 10 the extent oI 'aNInk
Lnnau lie, and that persons should arm TO resist
the law, that the law should be throttled ana Killed. anu
although such Language might desire persons 10 carry
out advice given and do the act which caused Degans
DEATH yet the bomb might have been thrown and De-
gan XII ell by familiar with and unprOmpted
by the teachings OF the derendants therefore the Jury
must be satisfied that the person throwing inc bomo
was acting result OF the teachings or ENCOURAGE
ants could held liable therefor IL not enough
warrant of Inng that he might have
manufactured the fatal bomb but ne must nave aided,
abetted advised ths exploding OF
Ing OF some illegal act
The Jury re red at $50 D. At $3.50 o'clock Judge
Gary after with the for both sides,
or that the be brought back to the courtroom
receive Instructions IN the law regarding the
crime OF slaughter The jury WAS instructed that
any one all OF the prisoners without conflicting with
OF the Indictment The crime OF granddaughter
defined and the jury Having been instructed regard
Ing the penalties that the law prescribed again retired