Savannah morning news. [volume] (Savannah) 1868-1887, 1886-08-20
A VERDICT AZ CHICAGO.
THE CONCLUSION NOT YET CIV
EN- TO THF PUBLIC.

pI ouuEe Gary-Thc "eiRb6 10 NC
| Placed on the Testimony OF the DIFF
ferept Witnesses Cle&rly Impressed
On the Minds of the Jurors.
CHICAGO, Aug. 19.--The case OF the an
archists on trial for participation in the
/ Haymarkct outrage was gwen to the jury
/ today after long and careful charge by
Judge Gary .,. ....-s. So.
In his charge Judge Gary, after giving
the usual definitions of what was 1nurde
and what it's punishment Is under the
statutes, said: The court instructs the
lary that as matter law in considering
the case the jury are not to go beyond the
evidence to hunt up doubts; nor must
they entertain such doubts as are merely
chimerical OF conjectural. Doubt to
justify an acquittal must be reasonable,
and 1t must arise from candid and I'M
partial investigation of all the evidence
in the case, and unless it Is such that
were the same kind OF doubt lnterrosed
In the graYer transactions OF life IL would
cause reasonable and prudent man 10
| hesitate aud pause, it is lnsufhclent TO
authorize verdict OF not guilty. II atter
considering all the evidence you can say
you have an abiding convection OF the
truth of the charge you are satlshed De-
yond a reasonable doubt.
WHAT CONSTITUTES AN ACCESSORY.
The court instructs the jury as matter
of law that an accessory is he who stands
by and aids, abets or assists, or who not
being present aiding, abettlng or assist
ing has advised, encouraged, aided or
Allotted the preparation of crime. lie
who thus aids, abets, assists, advises or
encourages shall be considered as prin-
clpal and punished accordingly. Every
Such accessory when crime is COM
mitted within or without this State by his
aid or procurement in this State may be
indicted and convicted at the same time
as principal or before or alter his
conviction, and whether a principal Is
| connected, or amenable to justice or not
| and punished as principals. If the de-
tendants attempted to overthrow the law
| by force and threw a bomb, then the de-
iendants who were in the conspiracy were
guilty Of murder. There was an anar-
| chIstlc conspiracy, and the defendants
were parties to it. They were guilty OF
| murder, though the date Of the culmina-
ton of the conspiracy was not fixed. If
any Of the defendants cOnspired 10 excite.
by advice, people TO riot and murders,
such defendants are guilty if such MUIR
der was done in pursuance OF said con-
spiracy. The impracticableness OF the
aims of the defendants is immaterial.
CIRCUMSTANTIAL EVIDENCE.
Circumstantial evidence is competent
to prove guilt, and if the defendants con-
spired to overthrow the law and Officer
began 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 cOnspi-
| racy are equally guilty. Circumstantial
evidence must satisfy the jury beyond
reasonable doubt. In such case the
jury may find the defendants guilty.
When the defendants testified In the case
they stood on The same ground as other
witnesses. The jury can take in account
the interest OF a witness. Ii any one of
such of the defendants has lied as a wit
ness the Jury should not believe such part
If his testimony as has been corrObo-
rated.
MUST NOT HUNT UP DOUBTS.
The jury were not to go beyond the evil
dence TO hunt up doubts. Doubts must
arise naturally from the evidence and the
Jurors must act as they would in the or
binary affairs OF life. A doubt must be a
reasonable one. Sympathy does not con-
stitute reasonable doubt. Jurors must
believe as men where there was no oath
| to witnesses. Jurors were judges of law
and fact but should not 60 against
the court without full consideration.
The jury might find any or
all the defendants guilty or not guilty,
and could fix the penalty for all. If
| guilty of murder, or of anything else, the
| sentence should be liked in accordance
| with the statutes. Forms Of verdict
| were given to the jury providing for all
| sentences, and also acquittals. For the
| defendants the instructions were that il
| the jnry understood the law better than
! the Judge they should so act. Before the
| jury can convict the defendants they
| must find them guilty beyond reasonable
| doubt. Mere probabilities do not consti-
| tute guilt.
| PERSONAL OPINIONS.
Personal opinions of facts. not proved,
are incompetent. The jury are the sole
| Judges and can consider the interests Of
the witnesses which might color their
testimony. Waller and Sigeler were &C
| completes, and their testimony should be
| viewed with great care. IL Waller and
| Sigeler testified from a promise of reward
! such fact should determine the weight
| Of their testimony. Ii any of the States
witnesses testified from hope of reward
the sane rule should apply. The jury
should act with great caution upon the
| testimony of accOmplices, and should be
satisfied of its truth before finding the de-
| tendants guilty. The jury should en-
utdNbI W give lull CltuSHCe u Lue IeSJl-
mony of the defendants, if possible.
| The jury cannot disregard the testimony
| OF the defendants on the ground alone
that they are defendants.
STATEMENTS OF THE LAWYERS.
The statements of the States attorneys
not based on evidence should not be re-
garded. Circumstantial facts should not
be Incompatible with innocence, and II
the facts can be reconciled with innocence
the defendants should be acquitted. II
the crime may have been committed by
some outside party, acquittal should fol-
low. Allusions and references To the
supposed dangers of anarchy, etc, should
not be regarded by the jury. individuals
ana communities have right to arm for
protection, and an invitation 10 arm for
such purpose is not guilt. The Judge
finished his instructions at 2:50 O'Clock
p. m, and the jury Immediately retired
DEMEANOR OF THE DEFENDANTS.
The defendants listened with eager at
tention during the reading OF the Judges
instructions to the jury. Parsons took
notes throughout the entire reading while
the others contented themselves with lis
tening merely. Impressions differed as
to the length Of time the jury will proba
bly, be out. 1T was admitted That some
portions of the instructions offered the
jury an opportunity 10 discrim mate be-
tween the defendants in the matter OF
their guilt and the relative degrees Of pun
ishment to be fixed, and that this might
result in an adjournment for TODAY be-