The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1886-08-20
The Jury Clearly and Plainly Instructed as
to Duties Involved Upon Them in Finding
Verdict as to Guilt or Innocence.
Indications that All the Defendants Will
Certainly Be Declared Guilty.
Scenes in the Court Room During the Deliv-
cry of the Judges Charges and During the
Progress of the Argument by Counsel
GIVEN TO THE JURY.
The Trial Almost Tinished-Judge Gary's Ia.
strucfions TO the Jury.

Ine TrlRk Almost g1niSneu-GuUEe f1ary'g In
strucfions TO tho Jury.
CHICAGO. Aug l9.--It was well understood
tn at the proceedings in the Criminal Court. so
far as the counsel in the case were concerned,
would close oday, and as result. there was an
inordinate desire TO hear the closing by Mr.. Grin
nell on behalf of the State. Early in his address
he said:
For few days after the Havmarket riot
for whole week, as is plain from the testi-
mony in this case, and from Captain Schaack
there was not the least particle of knowledge
or suspicion, great as had been the crime that
committed, that it was any further reaching
than the result of these repeated inhammatory
speeches which our city has listened to year after
year. But the magnificent efforts OF Setback.
without any personal knowledge at the time, got
the leading string which led up to the conspiracy.
Then it was for the first time that wc knew or
Schnaubet, or that we knew or suspected that
conspiracy existed at all confess here weak
ness, because, whatever may be the instincts OF
the prosecution. as they say have not been so
long in this Office as TO be calloJs to humane
sentiments and TO humanity, and have not yet
got to be so hardened that believe everybody
accused of crime is guilty. / hope, in the
prosecution of my duties in this office, that that
time will never come. When We had Spies
under arrest confess to you, then and after it
was developed that conspiracy existed-l con-
fess this weakness, that did not suppose that a
man living in our community would enter into
a conspiracy so hellish and damnable as the
proofs showed. and investigation subse-
qnently showed. he had entered into and there
FORE Notwithstanding Gilmcrs statement to us
so frequently, he was not shown and not ident-
ifed."
Mr.. Grinnel concluded by saying that his
labor was over, and that of the jury was just bo-
gun. They had the power to exact the lives of
some of the prisoners; to others they might
- ~ kho nd
some, again, they might acquit He would not
ask the jury to take the life Of Oscar Neehe.
He would not ask the jury to do what he would
not do himself Tho proof was not sufficient to
convict Neebe, but some of them-Spies, Fischer,
Lingg, Eneel, Fielden, Parsons and Schwab--
ought to have the extreme penalty administered
to them.
The Anarchists were deathly pale Mr.. Grin
rell went on with tremendous earnestness. Point
ing his hand at the prisoners, he said Person
ally. have not word to say against these men,
but the law demands they be punished. They
have violated the law, and you, gentlemen Of
the jury, stand between the living and the dead.
Do your duty. Do not disagree. If you think
that some of them do not deserve the death pen.
atty, give them life sentence, but do not disa
gree
Mr.. Grinnslls voice was broken. He said
Gentlemen this is no pleasant task for me, bat
it is my duty; do yours"
The closing words of the States attorney were
listened to with rapt attention. The great crowd
was still as death. Not whisper or rustic
broke the stiffness. The jury were keenly awake,
and were under the spell of she eloqnence OF the
speaker. The Anarchists sat upright in their
seats. On the faces of all were set, hard lines,
showing the intensity of their emotions.
At o'clock, the convening of the court
Judge Gary instructed the jury. In his in
structions, after giving the usual definitions Of
what was murder and what its punishment is
under the statutes, he said:
1.-THE court instructs the jury, as matter of
law, that, in considering the case, the Jury are
not to go beyond the evidence to hunt up doubts,
normust they entertain such doubts as are merely
chlmerlcal or conlectural. A doubt, TO Justify
an acquittal, must be reasonable, and it muet
arise from a candid and impartial inves-
tgaton of all the evidcuce in the
case, and unless it is such that were
the same kind of doubt nterposed in the
graver transactions of life. it would cause rea-
sonable and prudent man to hesitate and pause,
it is insufficient TO authorize a verdict of not
guilty If, after considering all the evidence,
you can say you have an abiding conviction of
yond reasonable doubt. The court instruets
the jury, as matter of law. that an accessory Is
he who stands by and aids, abets assists, or
who, not being present aiding. abetting or
sisting has advised, encouraged, aided or abetted
the perpetration of the crime. He who thus
aids abets, assists. advises encourages shall
be considered as principal and punished accord
ingly. Every such accessory, when crime is
committed within without this State, by bis
aid or procurement in this State, may be indict-
ed and convicted at the Rame time as the princi-
pal, before after his convictions, aud
whether the principal is convicted or amenable
to justice or not, and punished principal. IL
the defendants attempted to overthrow the law
by force, and threw the bomb, then the defend
ants who were in the conspiracy we're guilty of
murder. 1t there was an anarchstic con-
spiracy, and defendants were parties to 1t, they
are guilty of murder though the date of the cul-
mnation of the conspiracy was not fixed. If any
OF the defendandants conspired TO incte, by
advice, people to riot and murder, such defend
ants arc guilty of such murder as was done In
pursuance of such conspiracy. The impracti-
cabieness of the aims of the defendants is i'm
material Circumstantial evidence is inpetent
to prove guilt. and if the defendants conspired
to overthrow the law, and Deegan was killed in
consequence, the parties are guilty, and 1t Is NOT
necessary that any of the defendants were pres
ent at the killing. All parties to the conspiracy
equally guilty Circumstantial evidence
must satisfy the jury beyond reasonable doubt,
and in such case tho jury may find the defend
ants guilty. When the defendants testified In
the case. they stood on the same ground as other
witnesses. The jury can take into account me
interest of witnesses. If any one OF such de-
PENDANTS has lied as witness the jury should
only believe such part of his testimony as has
been corroborated. The jury were not to 60 be-
yond 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 a reasonable
one. Sympathy does not constitute reasonable
doubt The jurors must believe as mon where
there was no oath to witnesses. Jurors were
judges OF the law and fact. but should ret 80
against the court without full consideration.