The true northerner. [volume] (Paw Paw, Mich.) 1855-1920, 1886-08-26

Az the conclusion OF MI. Of1nnell6 speech,
Judge Gary proceeded to instruct tho jury in
its duty in an exhaustive manner The instruc-
tions i'm behalf of the State were read first and
counsel for the defense drew closer to the bench
10 listen TO the courts Interpretation of the law
Their hopes fee Judge Gary announces the
law TO be precisely as the State declared il was
Gary Is that such Of the defsndapts
were parties to the conspiracy which led to
the killing OF Matthias J. began are guilty Of
murder Even those who were engaged in the
conspiracy 20 bring about the social revolution
by force and which led to the killing OF Officer
Degan' these parties are guilty OF murder.
though these men were not present at the Hay
market riot. The jury was cautioned against
entertaining any trivial doubts to the guilt or
innocence Of the defendants.
The instructions for the defense are then
read. The jury told that they are the
the judges of the law and the evidence, and that
they are at liberty To disregard the instructions
OF the court provided they can say they know
the law better than the court. The indictment
was merely charge, and il must not be infer
red that becauue of that charge the accused are
guilty. IL the jury are not convinced beyond
any moral doubt that tho defendants
are guilty then they must acquit. II
guilty OF murder, or anything else, the
sentence shall be hXed in accordance with the
statute. Forms OF verdicts were given TO the
jury providing for all sentences and also ac-
quittal. For defendants the instructions We're
that II the jury understood the law better than
the Judge they should so act. Before the Jury
can convict the defendants they must find them
guilty beyond all reasonable doubt. Mere prob
opinions OF facts not proven are incompetent
The jury are sole judges and can con-
slider the interests OF witnesses which
might color their testimony II any OF
the States witnesses testified from hope OF re-
ward the same rule should apply. The jury
should act with great caution upon the testi-
mony OF accomplices, AMI should be satisfied or
its truth before finding defendants guilty. The
jury should endeavor To give full credence TO
the testimony of defendants il possible. The
jury cannot disregard testimony of defendants
on the ground alone that they are defendants
Statements of Statss attorneys not based
ON evidence should not be regarded as cir
cumstantial facts. Facts should be incom-
patible with innocence, and il facts can DO
reconciled with innocence defendants should be
acquitted, The jury were not to go beyond the
evidence to hunt up doubts. Doubt must arise
naturally from the evidence, and jurors must
act as they would in the ordinary affairs of
life doubt must be reasonable one SYM
pathy does not constitute reasonable doubt.
Jurors were judges of the law ana fact, but
should not go against the court without full
consideration. The jury might find any
or all defendants guilty or not, and could fix the
penalty for all Individuals and communities
have the right TO arm themselves for their pro-
! lection or the protection of their property. The
defendants do not assume the burden Of proof
IN this case and, therefore, unless the state has
proved beyond reasonable doubt that
the crime did so at the advice of the
defendants, the defendants should be ac-
quilted. lt is not proper for the jurors
to guess" that the person who threw the bomb
was advised 10 do SO by the defendants. AL
though the defendants may have published
their views on the social question, and advised
the use OF dynamite in opposing the authorities,
unless the jury feel reasonably convinced that
the bomb was thrown by some person familiar
with the defendants or their doctrines, they
shall not convict.
Judge Gary then instructed the Jury OF his
own motion, n follows:
",rhe statute requires that instructions by the
court to the jury shall be in writing and only
lating to the law The practice under the stat
ute is that the counsel should prepare each
side n set of instructions and present them TO
the court, and If approved to be read by the
court as the law of the case.
1t may have been by reason Of the great num-
Der presented and the hurry and confusion in
dience 20 keep in order, that there
should be some apparent inconsistency,
but II they are carefully scrutinized
such incon sistency will probably disappear; in
any event, however, the gist or pith of all is
that il advice and encouragement to murder
was given, and If murder was done in pursu-
ance of and Immediately induced by such adj
vice and encouragement, then those who gave
| such advice and encouragement are guilty Of
| murder. If the evidence, either direct or cir
cumstantial, or both, proves the innocence of
| one more OF the defendants SO fully that
| there Is no reasonable doubt of it, then
| your duty 70 them requires you TO acquit
them. II it does prove them guilty,
| then your duty TO the State requires you to
| convict whoever is so proved guilty. The acts
| of each defendant should be considered with
the same care and scrutiny If lie alone were
| on trial. II q conspiracy having violence and
| murder as its object is fully proved then the
| acts and declarations of eacn conspirator in
| furtherance Of the conspiracy are the acts and
declarations OF each one of the conspirators but
| the declarations of any conspirator before or
| after May which are merely narrative as TO
what has been or would be DONE and not IN ade
| TO aid in carrying into effect the object of the
! conspiracy are only evidence against the one
| who makes them What was the fact and what
| are the facts the jury must determine from the
| evidence and from that alone. If there are any
| unguarded expressions in any of the instruc-
| lions which seem 10 assume the existence Of
any facts, or to be any intimation as 10 what is
proved, all such expressions must be disregard
ed, and the evidence only looked to to determine
| the fact"
A sigh of relief escaped Judge Gary as he
| pronounced the last sentence of his instruc-
| tions. The severe lines that he has worn in his
| face for seven weeks relaxed, and his voice
seemed less harsh than when he so frequently
| shouted in his flat, unmusical tones Sit down"
1 The jury looked worried and anxious when the
whole case was committed to 1T. Throughout
! the reading of the instructions each member of
| the jury gave the closest attention.
Spies, Fielden, Lingg, and Engel Of the pris-
| oners gave the cosesth eed to what was said.
Fischer kept his cold piercing eyes moving
| continuously about the room. His eyes occa-
| sionally assumed n CLASSY stare, and though
| looking steadily at Judge Gary he seemed OBJ
| liyious OF what was said. Schwab appeared TO
| be worn out, and his pale face n deathly
| pallOr as he sank hopelessly into his chair.
| Spies stared intently but vacantly at the Judge
| throughout the long, tedious reading. He
| seemed worried and wearied into state of in
| difference.
The charge TO the jury was satisfactory TO
| both sides, Captain Black and Mr. Zesler alone
| saving that il was in line with the judges
| rulings during the trial and against the
prisoners.
| A. r. Parsons, one o. the prisoners, said :
| "The instructions are not so bad 1 expected
Some OF them are fair enough" His wife came
| up and sat beside him. How do you like il ?7
| she said with n smile. Il don't know, he said
| Fielden, who sat near, interposed with the re-
mark: The instructions are for US, and they
are against us. They are not 50 much against
/ us as expected they would be. They are SO
| long am afraid the jury will not comprehend
| them
Parsons said Fielden, with his jocular
| Yorkshire accent. Il ii bet you a nick the Jury
! will make you and dance n honpipe on very
thin air. The jury is against us.
| Think II be feeling for the ground below
| us ?" asked Parsons, with grim smile.
That's it, replied Fieden, attempting TO
greet the joke with n laugh.
| At 30 y. IN. the jury retired for deliberation,
and locked the door behind them The
men within, conscious that the eyes of the city
were upon their actions took the further pre-
caution TO bar all egress OF sound by closing
both the blinds and windows, and securely
stopping the keyhole of the door with paper
from within Affairs stood thus until Is,
when the knot OF anxious watchers in
front of the Criminal Court building
were surprised by the call of Way,
there, for the juryl" The twelve men, headed
by bailiff, and hanked by n Gordon OF police.
marched To the Revere House and were assigned