The Labor enquirer., 1886-08-28
end dynamite should be used to the e1-

the law should be throttled and killed,
and although such language might cause
persons to desire to carry out the advice
given, as aforesaid, aud do the actwhich
caused Officer Degan's death, yet the
bomb might have been thrown and De-
gan killed by some one unfamiliar with
and unprompted by the teachings of the
defendants or any of tnem."
No proof, except inference. was
brought forward to show that the dyna'
miter followed anyone's teachings.
A "The court instructs the jury that
in criminal cases, even where the evil
dence is so strong that it demonstrates
the probability of the grilt of the par
ties accused, still if it fails to establish
beyond reasonable doubt the guilt of
the defendants, or of one or more Of
them, in manner and form as charged in
the Indictment. then it is the duty of the
Jury to acquit anv defendant or defend
ants as to whose guilt they entertain
such reasonable uOuDGS.
5. "Your personal opinions as to facts
not proved cannot properly be consid-
cred as the basis of your verdict You
may believe as men that certain facts
exist, but as jurors you can only act
upon evidence introduced upon the
trial, and from that aud that alone yon
must form your verdict, unaided, unas-
sisted, and uninfuenced by anv opin-
ions or presumptions not founded by the
testimony"
1t is not enough to warrant the con-
viction of a person accused of crime, that
he contemplated the commission of such
crime.
g. "The court further instructs the
Jury that the illusions and references of
the prosecuting attorney to the supposed
dangerous character of anv views euter-
tained or principles contended for bv
the defendants, or any of them, should
in no way influence or prejudice your
minds against the defendants in this
case; your duty is discharged when you
have determined their guilt or inno-
cence of the charge contained in this In
dictment, and there is no other question
involved in this case.
"Individuals and communities have
the legal right to arm themselves for the
defense and protection of their persons
and property, and proposition bv any
person publicly proclaimed to arm for
such protection and defense is not an Of
fense against the laws of this state.
7. 1.-THE jury are instructed that ii
the defendants or some of them agreed
together or with others that in the event
of the workingmen or strikers being at
tackled they (defendants) would assist
the strikers to resist such attack, before
you eau find that such agreement con-
stituted a conspiracy yon must be salts
fed beyond all reasonable doubt that
such contemplated or anticipated as
sault or attack to be resisted as aforesaid
was justified and lawful, and that such
contemplated resistance was illegal.
And if. on the other hand, such con-
templated or anticipated assault or at
tack was unjustifable and illegal, and
such contem plated resistance simply the
opposing of force wrongfully and ille-
gally exercised by force sufficient to re-
pei the said assault, then the facts
assumed in this instruction do not con-
stitute conspiracy.
8. "The defendants do not assume the
burden of proof in this case at anv stage
of the proceedings, and the burden is
not cast upon them to prove that the
person who threw the bomb was not
acting under their advice, teaching, or
procurement; therefore, unless the pros
ecu ton has established in the minds of
the jury hevond all reasonable doubt
that some of the defendants threw the
said bomb, or that the person who did
80 throw the same was acting under the
advice and procurement of the defend
ants, or some of them, the defendants
and all of them should be acquitted.
8. 1T is not enough to warrant the
conviction Of the defen dants in that
Lingg may have manufactured the bomb
the explosion of which killed Degan.
He must have aided. abetted or advised
the exploding of the bomb, or the do
ing of some illegal act, or the dong of
legal act in an unlawful manner, in the
furtherance of which Degan was shot"
In the light of these instructions the
verdict is travesty upon law; the jury
were real Anarchists because they
evaded and disregarded the law.
States Attorney Grinnell is reported
as saying: eff ever a hand is raised to
iniure hair of the head of any juror or
person connected with the trial every
Anarchist might as we'll consider that
his death. knell has been sounded. We
have their names and will bring every
one to the gallows."
He will not ascertain whether all are
concerned in an act of revenge, Tut " i'll
hang all indiscriminately. That may be
his Idea of law. AS he has brought no
proof, that the prisoners which he con-
Vlcted, were involved in the bomb
throwing, he is naturally afraid that
their friends will take reyenoe He