The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1889-12-14
Burke wero delibera. ND wlltully m
tended hy him 70 assist the perpetraiion

Rnrke wero delibera md wllfully IN
tended by him 70 assist the preparation
Of the crimc ~ murder.
Although YOU may believe that Dinans
horse aud buggy WIS used 10 take the doc
tor Ia his death You are advised thht the
act of defendant Coughlin IN engaging sneh
horse and buggy is insufficient to Justify
YOU in concluding that be was a party to
the alleged conspiracy. unless II further ap-
nears beyoud all reasonable doubt that such
act Of defendant Coughlin was deliberately
and wilfully intended 10y him 10 assist IN
pcrpetrating the crime OF murder.
Although vou may believe the contract he
tween O'Sulivan aud Cronin was used 20 de
coy the doctor TO his death. you are advised
that the act Of defendant oouiliNan IN
making snch contract of itself. is inSnih-
cient to lustify YOU in concluding he WIS a
pnrty 60 the alleged conspiracy, unless II
further appears beyondall reasonable doubt
that such act of defendant OSnllIVan was
deliberate. and wilfully intended by him 10
assist in the perpetrutiOn of the murder, or
that he knowingly and corruptly consented
20 the use of such mems III accomplishing
the alleged murder of the deceased. Inc
evidence in proof of conspiracy VIII geher-
ally, in the nature of the case, be circum-
stantinl. Though common design Is tne
essence of the charge, IL is not necessary TO
proye TINT the defendants came together
and actually agreed 10 have that design
and tu pursue Il 10y common means
II the Jury believe from the evidence be
yond reasonable doubt. acting IN the light
of the entire charge OF the court, That de-
PENDANTS now on trial. or some of them,
conspired together, or together With Others
who were TO the grind jurors unknown 10
kill aud murder Patrick Henry Cronin, and
that one or more of the cOnsplfators, M
n I... lt.rt tlts.f l.lN
conspiracy. did kill and murder said Cronln
in the manner and form charged, then any
OF all Of the defendants az any, who 50
consrired are in law guilty of such murder,
although they may not have actually killed
| said uronin or hnve been present M the
time or place of the killing. You ought
not and cannot legally convict defendants,
or either of them. upon the mere
doctrine Of chance and probability, al
though you may believe it is highly
probable and very likely that defendants
are guilty: and even that IL is far more like
| ly and probable that they are guilty than
that they are innocent; yet no amount Of
suspicion will warrant you IN rendering a
verdict Of guilty against defendants OF any
| OF them"
The bnilifls who were 10 have charge of
| the Jury were then sworn 10 faithful dis
charge of their duty, and the jurymen were
| taken u thclr room. After cnnSluefnble
discussion between counsel all of the arti-
cles offered in evidence, except Cronins
clothes. were taken 10 the jury room for
inspection. At i:'5 p. m. the court ad-
journed until ( o'clock. Al the latter hour
n large crowd was in waiting. but the jury
was not ready and Judge Mcconnell an
nounced that he would return again at II
o'clock. At IL o'clock no word having
been received from the jury, Judge McCon-
nell announced that court would adjourn
until 10 o'clock tomorrow morning. TO give
the jurors further time for deliberation.
After adjournment Judge Mcconnell was
interviewed by an Associated Press repre-.
sentative as to the extent of his information
in regard 10 the present mind of the jury
II know nothing" said he, "rscopt they
told me they thought il unlikely they would
arrive at a verdict tonight. ! 60 not thinl
il necessarily means a disagreement. II
simply means that thus far ti, jury has ar
rived NJ no verdict, nothing eise. II ma,
mean they are deliberating upun tine eyi
dence. or that they are inteu, ting the in
siructions Certainly IL cannot be reason
ably interpreted MS meaning disagree
ment. Do not lump AZ conclusions. Their
IL great deal for the jury 10 consider"