The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1886-08-26


vera 20 be acquitted. It was not enonRh |
TO warrant tina conviction OF Lingg, that
be might have manufactured the fatal |
bonb, bat he must have aided. abetted |
or advised the exploding OF the bomb
Although the jury should believe that
the defendants advised generally the
commission In certain contingencies
yet, Il the oct complained OF
Yves committed by some third
party Of his own hate, mAlaes or III viii.
and not materially Influenced by the ad-
vice Of the defendants; or IL he was in
struoted 0nly By the advice OF other
parties not charged with the crime, the
were not responsible. II the
jury found that on the night Of Nay
Bird meeting was held ct Grief's hall at
present and 1t was determined that In
the event OF collision between the
police and the strikers certain or
CARNATIONS should meet at certain
places; that committees should be
appointed TO attend the places where at
tacks by the police might be expected
and report &ti aeks to the armed section
that such attacks might be resisted and
police stations and other public works
that on the night of May some un-
known person threw the bomb which
killed began. and the jury were not sat
iFfied that the act causing the death OF
Degan was the result Cf any act in
furtherAnce Of the common design above
stated, but might have been the unAu-
thorfzed act OF any individual acting
upon his own responsibility, then none
Of the defendants should be held Eespon-
sible for the murder on account Of the
meeting at EAph's hall.
Having completed the lengthy instruc-
tons handed in upon behalf OF the de-
PENDANTS, the court instructed the jury
on its own behalf as follows:
IL advice and encouragement to murder
was given and If murder was done IN
pursuance Of and materially induced by
such advice and encouragement. then
those who gave such advice and encour-
agement are guilty Of murder. Unless the
evidence, either direct or cIrcumstsntial,
or both, proves the guilt Of one or more
Of the defendants upon this principle
so fully that there is no
reasonable doubt, your duty to them
requires to acquit them. II 1t does so
prove, then your duty TO the state re-
Quires you to convict whoever is proven
guilty. The case of each defendant
should be considered with the same care
and scrutiny as II he alone were on trial.
II conspiracy having violence and mur-
der as its object is fully proved then the
acts aud declarations Of each conspir
ator in furthefaHce Of the conspiracy are
the acts and declarations of each one OF
the cOnspirAtors, but the declarations
Of any conspiratOr before or after
the 4th of May, which are merely nara
tive as to what had been or would be
done and not made to aid in carrying
into effect the object Of the conspiracy,
are only eVidanc6 against the one who
made them. What are the facts and
what il the prooH the jury must deter
mine from the evidence and from that
alone. II there are any unguarded eX-
pressions In any OF the instructions
which seem to assume the existence Of
any facts, or to the instruction Of what
il proved, all euch expressions must be
Cisreg0rded and the evidence only
looked to to determine the fasts.
The jury then retired.
at $3.50 O'Clock Judge Garry, after
converting with the attorneys for both
sides, ordered that the Jury be brought
back 70 the court room to receive some
instructions on the law regarding the
crime of granddaughter. The jury was
instructed that 1t could return verdict
Of all or one Of the prisoners without
conflicting with the terms OF the indict-
ment. The crime Of granddaughter was
defined andIthe jury having been in
structed regarding the penalties that the
law prescribed, again retired.
When the Jury retired the prisoners
were taken into one OF the bauih' g
rooms, adjoining the court ROOM During
the three hours of waiting for the YER
dict the attorneys present were subjected
to repeated interviews, mostly as to the
probability OF q verdict being returned
which would fix the extreme penalty.
Mrs. Parsons, Mrs Neebe and MRS.
S3hWab conVersed together In low tones
Gt nd SNS kn GAhtA9.
were now and then Frightened up by
q cheerful word from Mr. Black,
who Is said to have firm
faith in an acquittal. The most touch
ing sight of ali was the aged mother OF
Spies. Her imperfect knowledge OF the
English language has made it impossible
for her to follow the evidence closely, but
her intense solicitude for the camfort of
her favorite son, the enormity OF whose
offense, as maintained by the prosecu-
ton, she has seemed little to understand,
has made her the most pathetic feature
of the trial. It was with extreme disap-
pointment that the larger part OF the
audience received the announcement that
court had adjourned.
at 8 O'Clock tonight hundreds
stood on the sidewalk within sight OF the
light which streamed from the windows
Of the Jury room in the criminal court
room. Fifty policemen guarded the ap-
proach to the building and their num-
Der was constantly being augmented.
The excitement about the vicinity Is very
great. Tbs authorities are taking every
precaution 70 prevent anything in the
nature OF . disturbances. The Jurymen
will spend the night in the building
The doors of their room are heavily
guarded.
At 9 o. m. the court adjourned till 10
O'Clock tomorrow morning, without
verdict having been found.
At 10 O'Clock the lights IN the rooms
occupied by the jury were put out, and
the bailiffs in charge said they had re-
tired for tue night. This seemed to
corrobOrate the impreast n that YER
nothing as to its nature has leaked out.
Guilty of Murder.
CHICAGO, Aug. 21.-At 8 O'Clock this
morning there were twenty police in uni
form in the court room and several repre-
sentatives of the press. The court officials
decided that the relatives of the prison
ers should be allowed in the court room,
and at 9:15 the sister of Spies, In compa-
ny with another young woman, made her
appearance. She moved as though she
would proceed to a close proximity OF the
chars heretofore occupied by the prison
ers, but was motioned to seat on the OPP
posiIe side OF the court room aud in the
rear Of the line OF police officers, which
indicated that the prisoners were not to
be surrounded by admirers to-day. Short
~ afIerward the mother of Spies, accom-.
panied by her younger SOD, also entered
the court room and took seat on q back
bench. The jury left their hotel at 9:16
and took theiE way to the court house and
were conducted to another room immedI-
ately adjoining the main court room. at
20 Mrs. Parsons entered the court room
with her reticule, accompanied by a wo-
man who has attended her throughout the
trial. She was given seat between two
policemen and with two policeman sitting
in her rear. Whether this precaution was
taken against any extraordinary exploit in
the court room or not was not known, but