, 1889-12-19
THE CHARGE.
Judge Mcdonnell Defines the Law and
Circumstantial Evidence.

Judge Mcdonnell Defines the Law and
Circumstantiai Evidence.
Judge Mcconnell then delivered his
charge to the jury, saying in part: "The
manner or cause of death, which is al
legged in the indictment, is an essential
element Of the charge against the de-
PENDANTS. and the law requires the prose-
cution to establish that averment to
your satisfaction beyond rea-
sonable doubt as 1t Is laid
down in the indictment, before a
conviction can lawfully be had. But the
manner or cause of death laid down In
the Indictment may be established by
cifcumstantial evidence, just as any
Ether fact essential to conviction may
y,o circumstantial evidence in criminal
lases. Is prpof of such facts and circun,-
stances connected with, or surroundings
of the commission of the crime charged
as tend to show the innocence OF the
parties charged; and, If these facts and
circumstances are sufficient to satisfy
tho Jury of the guilt of the defendants be-
yond q reasonable doubt, then such evil
dence Is sufficient to authorize the jury
In finding the defendants guilty. 1t is
the duty of the jury to enter upon the
consideration of each circumstance
proven, having in their minds the pre-
sumption that the defendants, and
each of them, are innocent, and
IL such facts or circumstances,
when considered in connection
with all the evidence, can be explained
consistently with the innocence OF the
accused, 1t is their duty SO to explain 1t,
In order to justify the inference of legal
guilt from circumstantial evidence. The
existence of inculpatory facts, however,
must be absolutely incompatible with
the innocence of the accused, and incap-
able of explanation from any other
Reasonable hypothesis than that of their
Houilt. It Is not sufficient for the jury to
find that q resolution was adopted for
the appointment of a secret committee
in Camp 20, February 8, but 1t
must further appear to your
satisfaction beyond all reasonable
doubt that such committee was in fact
appointed by defendant Beggs, and that
such appointment was In pursuance or
I'm furtherance of a conspiracy to COM
NIT the crime set out in the indictment,
and you must further be satisfied beyond
all reasonable doubt that defendant
Beggs had knowledge of the purpose for
which said committee was asked, or, If
appointed, assented to its purpose sub
seuucntly, or you will not be justified in
finding participation in such conspir-
acy on the part of defendant Beggs by
reason of the facts herein stated. That
defendant Beggs was a member OF the
United Brotherhood and a presiding Of
~r Vlnt ri ~ m q a IN n n IN
standing alone, tending to establish his
guilt of the crime charged In the indict-
m Int, and as there is no evidence in the
Emmittcd by defendent Beggs in
Niv commission of the alleged murder
charged in the indictment, therefore,
unless 1t is established that a conspiracy
was entered into to commit murder, as
charged in said indictment, to which
conspiracy said Beggs was party, he
should be acquitted. The testimony Of
verbal admissions, statements and con-
versations ought TO be taken by you
with great caution, because that sort of
testimony is subject to much imperfcc-
tion and mistake. Although yon may
believe that defendant Beggs at the
meeting of Camp 20 on May 10, re-
marked that that committee was TO re-
port to him, and even If you should
further believe that such remark pos
sessed some criminal import, yet in no
view that can be taken Of his case will
YOU be justified In using such remark as
evidence against any other defendant.
'sIf you can reconcile The facts III this
case upon any reasonable theory con.
sistent with the innocence of defendant
John Kunze, 1t Is your duty so to do,
and TO find John Kunze not guilty.
"Although you may fully and con-
pistentiy believe that one ]. B. Simonds
Il the person who drove DIR. Cronin
awny from his home on the night Of
May 1, and that other unknown persons
4 Nere members of conspiracy to mur.
der Dr. Cronin, as charged in the indlet.
ment, and indeed that they did murder
him, vet you can not and ought not 10
use any evidence respecting the conduct,
Dr conversations. Of such persons. or any
II them, against any defendant, unless
rou are first convinced, beyond every
Reasonable doubt from the evidence.
hat such defendant was also member
% such conspiracy TO marder DR..
cronin,
Sif the Jury believes from the evidence
hsyond reasonable doubt that the de-
bridants, or any of them, conspircd and
nereed together or with others 10 kill
md murder Patrick Henry Cronin, and
x.A ~. sxf