Los Angeles daily herald., 1889-12-14
GONE TO THE JURY.
EContiaaied from third page. ]

conspiracy, are guilty of the murder of
said Oronin, whether the identity of the
individual doing the killing be- estab.
lished or not. or whether such defend
ants we're present at the time of the
killing or not.
although you may believe defendant
Burke rented the Carlson cottage, and
removed the furniture and other articles
mentioned in the evidence from 117
South Clark street to said cottage, and
although you may further believe DR..
Cropin was murdered in the Carlson cot
tage, you are advised That these acts of
Defendant Burke, in themselves, are not
sufficient to justify you In concluding that
he was party to the alleged conspiracy
unless it further appears beyond all
reasonable doubt that such acts of De-.
PENDANT Burke were deliberately and will
fully intended by him to assist in the
preparation of the crime of murder.
although you may believe that
Dinan's horse and buggy was used to
take the doctor to his death, you are adj
weed that the action of Defendant
Coughlin in engaging such horse and
buggy is insufficient 20 Justify you in con-
Guiding that he WAS party to the al
lOECA CVbCPu AOJ nAl0c5 IL AuttAiOL
pears beyond all reasonable doubt that
such act Of Defendant Coughlin was
deliberately and wilfully intended by
him to assist in the preparation of the
crime of murder.
although you may believe that the
contract between O'Sullivan and Cronin
was used to decoy the doctor to his
death, you are advised that the act of
n.fo - ~.
contract, of itself, is insufficient to justify
you in concluding that he was party to
the alleged conspiracy, unless it further
appears beyond all reasonable doubt that
euch act Of Defendant O'Sullivan was de.
liberately and wilfully intended by him
to assist in the preparation of the crime
of murder, or that he knowingly and COR
ruptly consented to the use of such con.
tract in accom- lishing the alleged murder
of the deceased.
''The evidence in proof of conspiracy
will generally in the nature of the case
be circumstantial. Though a common
design is the essence of the charge, it is
necessary to prove that defendants came
together and actually agreed to have that
design, and to pursue it by common
means.
eff the jury believe from the evidence,
beyond q reasonable doubt, acting in
the light of the entire charge of the
Court, that defendants now on trial, or
some Of them, conspired together, or to-
gether with others who were to the
Grand Jury unknown, to kill and muir.
der Patrick Henry Oronin, and that one
or more Of the conspirators, in pursuance
and furtherance of the conspiracy, did
kill and murder said Cronin in the man
ner and form charged, then any or all of
defendants iii any who SO conspired are
in law guilty of such murder, although
they may not have actually killed said
Cronin or been present at 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. Although you may believe
it is highly probable and very likely that
defendants are guilty, and even that it
is far more likely and probable that
they are guilty than that they are inno-
cent, yet no amount of suspicion will
warrant you in finding a verdict OF
guilty against defendants, or sny of
tn en-"
THE JURY GOES OUT.
The bailiffs who were to have charge
of the jury were then sworn to the faith
full discharge of their duty and the jury
men were taken to their room. After
considerable discussion between counsel,
all of the articles offered in evidence,
except Cronin's clothes, were taken to
the jury.room for inspection.
At 4 :35 p. m. the court adjourned until
O'Clock. At the latter hour q large
crowd was in waiting, but the jury was
not ready, and Judge Mcconnell an
nounced that he would return at 10
o'clock to see if the jury had any com.
municstion to make.
LOCKED UP FOR THE NIGHT.
At IL O'Clock, no word having been
received from the jury, Judge Mcconnell
announced that the court would adjourn
until 10 O'Clock tomorrow morning, to
give the jurors further time for delibera-
ton.
DELAY DOES NOT MEAN DISAGREEMENT.
After adjournment Judge Mcconnell
was interviewed by an Associated Press
representative as to the extent of his in
formation in regard to the present mind
of the Jury. II know nothing" said he,
"except that they told me they thought
it unlikely they would arrive at verdict
tonight. do not think that necesss-
rily means disagreement or stubborn
jury. It simply means that thus far the
jury has arrived at no verdict; nothing
else. 1t may mean that they are DELHI
Grating upon the evidence, or that. they
are interpreting the instructions. Ger.
tainly 1t cannot be reasonably interpreted
as meaning disagreement. Do not
jump at conclusions. There is a great
deal for the jury to consider"
PLOT TO KILL JUROR.
The Daily Ne'0s will print tomorrow a
narrative of mass of suspicious circum-
observed by one of it's reporters,
from which the inference is drawn that
there has been q plot By desperate friends
of the Cronin prisoners to murder one of
the jurors in tho case. The supposed
object was to make the trial just ended q
failure, and thus gain time for other
measures. The paper mentions no
names, but in confirmation says that
States Attorney Longenecker, on being
privately informed how affairs stood last
week, had the jury guarded along the
route to and from court by sixty addi-
.ional officers in plain clothes.
Held for Incendiarism.
KANSAS Cry, December 13.--The
Coroner this afternoon began an investi |
cation into the cause of the Oklahoma
House fire, and the evidence given
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