Crawford avalanche. (Grayling, Mich.) 1879-19??, 1886-08-26

| At the conclusion OF Mr.. Grinnells speech
] Judge Gary proceeded 20 instruct the jury In
| its duty i'm 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
TO listen to the court Interpretation OF the law
/ Their hopes flee as Judge Gary announces the
law to be precisely as the State declared IL was
all along. The rule. as delivered by Judge
Gary is that such OF the defendants
/ as were parties to the conspiracy which led to
| the killing OF Matthias j. Degan are guilty OF
murder Even those who were engaged in tho
| by force and which led to the killing OF Ohicer
| Degan, these parties are guilty OF murder,
though these men were not present at the Hay
market riot Tho jury was cautioned against
entertaining any trivial doubts as to the guilt or
innocence of tho defendants.
| The instructions for the defense are then
| read. The jury are told that they are the
| the judges OF the law and the evidence, and that
they are Mt liberty to disregard the instructions
| Of the court provided they can say they know
/ the law better than the court. The indictment
| was merely u charge, and it must not be infer
red that becauue of that charge the accused are
guilty. II the jury are not convinced beyond
! any moral doubt that the defendants
are guilty then they must ac9nit II
| sentence shall be fixed in accordance with the
| statute. Forms OF verdicts were given TO the
| jury providing for all sentences and also ac-
quittRl For defendants the instructions were
| that IL tho jury understood the law better than
the Judge they should 30 act. Before the Jury
can convict the defendants they must find them
guilty beyond all reasonable doubt. Mere prob
abilities did not constitute guilt Personal
| opinions of facts not proven are incompetent
| Tho 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-
lnony of accomplices, AMI should be satisfied OF
its truth before finding defendants guilty. The
| jury should endeavor to give full credence to
the testimony OF defendants II possible. The
jury cannot disregard testimony of defendants
ON the ground alone that they are defendants.
ktntamAntQ Mt I'm
| on evidence should not be regarded as cir
| cumstantial facts. Facts should be incom-
patible with innocence, and IL facts can bo
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 a 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 detendants guilty or not, and could hx 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 person or persons who committed
defendants, tho defendants should be ac-
Quilted. It is not proper for the jurors
to guess" that the person who threw the bomb
was advised TO 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, as follows:
"The 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 ON each
side set OF instructions and present them to
the court and IL 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
the midst of the trial, with large au-
6btF""4f t4holy are carefully scrutinized
such inconsistency will probably disappear; in
any event, however, the gist or pith OF all Is
| that II advice and encouragement 10 murder
was given, and il murder was done in pursu-
ance of and Immediately induced by such ad-
vice and encouragement then those VINO gave
| such advice and encouragement are guilty OF
| murder II the evidence, either direct or cir
| cumstantial, or both, proves the innocence OF
| one more OF the defendants 80 fully that
| there Is reasonable doubt OF 1t, then
your duty TO them requires you to acault
| them. II it does prove thom 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 as II he alone were
| on trial. II conspiracy having violence and
| murder as its object il fully proved then the
acts and declarations OF each consprator in
furtherance OF the conspiracy are the acts and
declarations OF eacn one OF the
| the declarations OF any conspirator before or
after May which are merely narrative as 70
what has been or would be done, and not made
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
nre the facts the jury must determine from the
| evidence and from that alone. II there are any
unguarded expressions in any Of the instruc:
| tions which seem to assume the existence OF
any facts, or to DO any intimation as to what IS
and tho evidence only looked to to determine
tho 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 fiat, unmusical tones sit down. :"
Tho jury looked worried and anxious when the
whole case was committed to IL. 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 closest heed to what was said.
! Fischer kept his cold piercing eyes moving
continuously about the room. His eyes occa-
sionally assumed classy stare, and though
looking steadily at Judge Gary he seemed OBJ
lvious OF what was said. Schwab appeared to
be worn out, and his pale face wore 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.. Zeisler alone
saving that it was in line with the Judge 8
rulings uurlnB tue uihl uuu hBhlnbJ Ine
prisoners.
A. II. Parsons, one OF the prisoners said
@The instructions are not 80 bad expected.
Some OF them are fair enough" His wife came
up and sat beside him. How do you like IL ?"
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 so much against
us as / expected they would be. They are SC
long am afraid the jury will not comprehend
them"
. parsons" said Fielden, with his joculal
Yorkshire accent Il II bet you n nick the jury
| will make you and dance n hornpipe on very
thin air. The jury is against u.s."
Think well be feeling for the ground below
| us ?" asked Parsons, with grim smile.
That's it," replied Fiolden, attempting Il
greet the joke with laugh
At 3: 30 p. m the jury retired for deliberation
+ and locked the door behind them The
4 men within, conscious that the eyes of the city
n | were upon their actions, took the further pre-.
q caution to bar all egress OF sound by closing
q | both the blinds and windows, and securely
Q stopping the keyhoJe Of the door with paper
\ | from within. Affairs stood thus until :25
J, when the knot OF anxious watchers IN
front OF the Criminal Court building
were surprised by tho call OF Way
!. there for the juryl" The twelve men, headed
> by bailiff and hanked by Gordon OF police
y marched TO the Revere House and were assigned
4 apartments After partaking Of n hearty sup
II per they retired for the night. There was M
o earthly doubt I'm the mind Of the public tha
n the case of the anarchists was settled 80 far ai
\ the jury was concerned, but exactly what tn,
4 verdict was, and what measure of punishment
Q they had portioned out. to each de
> fendant was beyond the ken OF any hu
q man being beyond the circle embracin,
the twelve patient men. Within a short tim'
q there were various rumors floating about tn,
) streets regarding the result of their delibera
:, tions. 1t was not, however until Friday morn
!. ing at as oclcck, that the exact verdict 10
cafna knoNVn Ia tho outsido world Atthat hon