The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1888-01-28

proved to prove that each member OF the con-
| spiracy has had anything to do with the accom-
plishnent of 1t, because after the conspiracy is
! formed each is then responsible for what any
member of it does. 1t Is necessary against
each defendant, in order to convict him, that it
shall bs shown that he was member of the con-
spiracy and until that fact Is shown thu acts of
| the other conspirators are not to be deemed
binding on him. de can be bound only by his
own acts until by his own acts words he has
connected himself with the conspiracy. Once he
has connected himself with the conspiracy he
becomes responsible for the acts of the others in
the conspiracy while it is pending
and it's purpose unaccomplished. OF course.
after the purposes of the conspiracy have
been accomplished. the others longer his
agents to talk or act for him. and cannot bind
him by their talk conduct. That might be
illustrated in this case by the item of testimony
introduced here against Mr.. Spaan. just after
charged the jury on the former trial at the
base ball grounds he made remark about
these things than any of the rest of them, or
something to that effect. Now that testimony.
if Mr. Reardon were on trial, as in a sense he is
on trial. is not to be considered against him at
ALL because il was a statement made by Mr..
Spaan after the conspiracy was ended. and it's
objects fully accomplished or thwarted, as the
facts may be- but against the man who makes
the statement of course it tends to show =
guilty knowledge on his part, even though it be
statement about another man whom 1t does
bind, as / instruct you it does not bind Mr..
Reardon and should not be treated tending
to establish guilt on his part.
While the execution of the conspiracy is
pending, and after it Is shown that any one of
the accused has become a member of the con-
spiracy. the acts talk of others in the course
of execution of the scheme are binding upon
him. that is, evidence against him; and indeed
one who becomes q memoer of conspiracy af-
ter it's first formation knowing OF it's existence,
binds himself not only by what had been done be-
fore he enters into the conspiracy. but by what
shall be done until the scheme is executed
abandoned
Now it is not necessary. plainly enough
indicated perhaps already, that every defend
fn a
found guilty should have been in the conspiracy
at its beginning II he comes into it after others
have formed it and are working it out and lends
his help, he becomes guilty with the rest He
may not even know who the original conspira-
tors were, but if such knowledge comes to him
as to show him that there is a scheme which in
wolves a conspiracy, and he lends his aid to it.
even though he knew nothing about its forma-
ton or beginning, but lends his aid to it under
must have known what had been going
must have known that the scheme was one of
conspiracy-then he becomes guilty. even
though he did not actually know who his
ciates We're in the scheme. If he knows the
scheme and that it is a conspiracy from its ma
ture and lends his help to it, he becomes party
to it.
There is matter that comes into my mind
now, and will dispose of what / have to say
about it without much regard to order. Some
thing was said about a committee of one hun
dred That is not before at all.
You have had no opportunity to know what the
committee of one hundred is or who they are.
The mere fact you do know that there is a COM
mittee of one hundred in this city, organized by
reason. perhaps, of these Recommendations
doubt for the purpose of ferreting out these
crimes. They have employed attorneys, and
the work of their attorney has, to some meas
ure, been revealed to you. AS long ago as 1866
there went into effect a statute enacted by the
Legislature OF this State which provided that
ten or more citizens OF the State might form
themselves into a company corporation for
the purpose of detecting and apprehending
horse-thieves and other feons, and may
expend such moneys"-I quote from the
statute-"as may be deemed necessary in the
pursuit and arrest and procuring the con-
viction of felons, and do all other acts and
things consistent with the object of this act and
of such association" Thus you see it is recog-
niZed by law proper thing for men TO do to
form themselves even into corporation for the
purpose of detecting and Furnishing criminals
1t is ground for reproach against any associ-
alton of citizens that they have organized for
the purpose of detecting crimes like this which
you called TO investigate. If they do any
wrong. of course, the jury will be careful not TO
help consummate it; but, until they do some
thing unfair and unjust the defendants
trial, the defendants trial and their attorneys
have right to complain of citizens for acting
thus. For, II not according to the very letter. IL
is according to the spirit of express statute of
the State. It is not to be tolerated in this coun
try that every arraigned for crimes shall
arragn every body that may be concerned in
bringing him to the bar of justice. When man
is brought to the bar of justice the law throws
about him every shield in the way of pre-
sumption of innocence and the rules with regard
to reasonable doubts to guard him against an I'M
just verdict. But it is the duty-it is at least
the right of citizens and the duty of courts and
public officers, when proper reason is shown for
it, to bring to the bar of justice and produce
the evidence against them, and if it be
if it falls short then unhesitatingly &C
quit and let them go. 1t is Eot duty
it is not beneficial to the course of the admins
tration of Justice that every man who happens
to have something to do with the administration
of the law and bringing accused ones before the
bar of the court shall be subject to abuse and
$I~ta D,,t
wrong is DONE if any party brought within your
view is shown to have used any unjust means
against any of the accused then that is of course,
proper matter for you TO consider. and l wish
that nothing have said to withdraw your mind
from any just consideration of that kind.
Mr.. McNutt-I would like to call the Courts
attention to the evidence before this jury as to
member of that committee being member of
the grand jury.
The court That is another issue, gentle
men, that we have nothing or little to do with.
What course would have taken if had known
Mr.. Coffin had contributed money to this asso
citation or that his name had gone upon the roll
of members | have not made up my mind. do
not know what I would have done The only
possible bearing of the matter is on the credi-
bility of Mr. Coffin witness before you.
That is the only possible proper considerations
and in that respect you have a right to fully con-
slider it No question has been made about the
validity of this Indictment Ii counsel had put
in a plea in behalf of these defendants to have
this indictment set aside on this account then
we would have investigated the question fully as
to what, in fact. the relation of
Mr. Coffin TO this committee and what
money he had contributed and under what
circumstances whether he contributed simply
generally to investigation to find out who
were guilty of these offenses, whether after
these particular men charged he conrri-
bured money to prosecute them. All those
things would have been gone into and the
merits fully determined But presented to
you the only possible, proper bearing, and to
that extent it has a proper bearing is. does it
affect the credibty of Mr.. Coffin a witness.
and that leave to you: That is to say when he
testifes in respect to what Mr.. Burton had
said bafore the grand jury-and Mr.. Bailey
brings forward the minutes taken by him at the
time that testimony was eiven-whether
there is any serious question before your minds
to what weight you should give to his state
ments or whether Mr. Coffin testified corruptly
and dishonesty l leave entirely to you. And in
that connection may refer to this agreement
between Mr. Perkins and the Prosecuting At
torney of this county. That agreement on it's