The Kenosha telegraph. [volume] (Kenosha, Wis.) 1860-1888, 1886-08-27

manner III which bombs should be ignited
and hurled at the enemy, was Giimer's
story about Spies lighting the bomb and
giving it to Schnaubelt to throw improba-
bles In conclusion he said the proof was
not sufficient to warrant the conviction Of
Neebe, but for the rest it was his belief
that they. should receive the full penalty.
Above all he asked the jury not TO disagree.
THE JUDGES CHARGE.
When the court convened in the after
noon Judge Gary proceeded to instruct the
jury. After defining murder in the Ian
guage OF the statute and the punishment
Tor the crime. the court instructed the
jury as matter of law that an accessory
is he who stands by and aids, abets or
assists, or who, not being present. aid
ing, abetting, or assisting has advised, en-
couraged, aided, or abetted the perpetra-
ton of the crime. He who thus aids
abets, assists, advises, or encourages shall
De considered as a principal and
punished accordingly. Every such ac-
cessory when a crime is committed within
or without this State by his aid or procure
ment in this State, may be indicted and
convicted at the same time as the princi-
pal or before or after his conviction, and
whether the principal is convicted or
amenable to justice or not and punished as
principal.
II the defendants attempted to over
throw the law by force and threw the
bomb, then the defendants who were in the
conspiracy were guilty of murder. If
there was an Anarchistic conspiracy, and
the defendants were parties to it, they are
of the elimination of the conspiracy
was not fixed. If any of the de-
PENDANTS conspired to excite by adj
vice people to riot and murder such de-
PENDANTS are guilty if such murder was
done IN pursuance of said conspiracy, the
S.@x-1 o&1r H.
defendants is immaterial. Circumstan-
tial evidence is competent to prove
guilt, and, if defendants conspired
to overthrow the law and Degan
was killed in consequence, the parties are
guilty, and it is not necessary that
any of the defendants were present at the
killing. All parties to the conspiracy are
equally guilty. Circumstantai evidence
must satisfy the jury beyond reasonable
doubt. In such case the jury may find de-
PENDANTS guilty. When defendants testi-
fiee in the case they stood on the Same
ground as other witnesses
The jury can take into account the inter-
est of witnesses.
If guilty of murder, or any thing else, the
sentence should be fixed in accordance
with the statute. For of verdicts were
given to the jury providing for all the SEN
fences and also acquittal. The jury might
find any or all defendants guilty or not,
and could fix the penalty for ALL
Before the jury can convict the defend
ants they must find them guilty beyond all
reasonable doubt Mere probabilities did
not constitute guilt. Personal opinions of
facts not proved are incompetent
Waller and Seliger were accompliceS,
and their testimony should be viewed
with great care. If Waller and Seliger
should determine the weight of their
testimony. If AnV of the State,
witnesses testified from hope of
reward the same rule should apply. The
jury should act with great caution upon
the testimony of accomplices, and should
be satisfied of its truth before finding de-
PENDANTS guilty. The jury should endeavor
to give full credence to the testimony of
defendants if possible.
The jury can not disregard testimony of
defendants on the ground alone that they
are defendants.
Statements of States attorneys not
based on evidence should not be regarded
as circumStantial FACTS Facts should be
incompatible with innocence, and if facts
can be reconciled with innocence defend
ants should be acquitted
Individuals and communities have the
right to arm themselves for their protec-
ton or the protection of their prop
erty. The defendants do not assume
the burden of proof in this case,
and therefore unless the State has proved
beyond a reasonable doubt that
the person or persons who committed the
crime did SO at the advice of the defend
ants the defendants should be ac-
quilted. 1t is not proper for the
who threw the bomb was advised to do so
by the defendants Although the defendants
may have published their views ON the
social question and advised the use of
dynamite in opposing the authorities I'M
less the jury feel reasonably convinced
that the bomb was thrown by some person
familiar with the defendants or their doc
trines they shall not convict
The reading of the instructions was COM
pleted at $50 O'Clock, and the jury at once
retired.