Idaho Springs siftings., 1904-01-16
A LUCKY NUMBER
JURY IN THE SUN AND MOON oxNA-
MlriNc CASES RETURNS VERDICT
ALI THE I3 DEFENDANTS CLEARED
VERDICT SURPRISE TO mANy-ccURT
ApJouRNS TILL FEBRUARY

spiracy, the jurS brought in verdict OF
acquittal for all the defendants and was
discharged.
Folio wing are the courts instructions:
That the thirteen defendants are charg-
ed in the FIRST count with couspiriug to-
gether and with Philip Fire to burn and
cause to be burned the Sun and Moon
transformer housr, in the secoEd count
to destroy the building and hat in pursu-
ance Of said conspiracy did destroy the
building on July as. 1908.
That arson is vi full burning or causing
to be burned building belonging to an
other and is felony.
Common desiga on the part oftwo or
more persons to commit unlawful acts Is
the essence of conspiracy and may be
proven by facts and circumstances az in
other cases.
That it is not necessary TO show the
design accomplished. or if accomplished
in the presence OF any one of these con-
spirstors, all must be connected.
II is not necessary To show formal
meeting or that the accused conspircd to
destroy any particular building. but that
some building of the Sun and Moon COM
pary was involved.
II conspirsc. be shown il is not neces-
ssry to show the identity OF the one exc
cutting the deed.
Circuuis;autial evidence is to be con-
sidered. (ciscumstsn,ial evidence de-
fined
Conspiracy charged may be proved
either by direct or positive evidence or
by eircumstantiai evidence.
The venue in this case is sufficiently
proven: that the location of the destroyed
building is immaterisl il the alleged con-
spiracy occurred in Ciear Creek county
(Expiain reason for the Law OF venue-)
Jurors if in doubt of geilt or innocence
must not search for doubt, but for the
truth. and when the jury can say that
from evidence that they are satisfied of
the guilt of the defend ants. then they are
convinced beyond all reasonable doubt.
The same as to their innocence
The doubt which the juror is allowed
to entertain in his mind IS only such as
would cause one to pause and hesitate,
and not such as arises from individual
insensibiiities.
Credibiiity of witnesses. the motive or
lack Of motive to testify falsely. ETC.. must
govern the jury in weighing the iesti-
nony.
All who take part in the conspiracy or
in its execution or with knowledge of
such conspiracy and in its execution
are co-conspirators
1t is proper TO consider threats if shown
as bearing on conspiracy to commit
crime
There can be no conviction in this case
for the destruction OF property, but only
for conspiracy.
Facts relating to the commission Of the
crime were admitted to show reasons for
conspiracy.
Mere proof of the crime is not sufficient
in the case, but concerted management
and agreement must be Shown, and If the
jury has a reasonable doubt of guilt after
considering the evidence, verdict Of ac-
quittal should result.
The commission OF conspiracy must be
shown to have been committed iu Clear
Greek county.
The Law presumes every man innocent
until proven guilty. If any ofthe defend
ants are not proven guilty beyond rea-
sonabie doubt verdict of acquittal should
result for those whose guilt there is a
reasonable doubt.
Suspicion must not govern in any case
The burden of proof is upon the state.
The Information is merely charge and
not evidence.
The presumption of innocence is no
mere form, but the law Of the land as
binding in this case.
Probability, .preponderance or the doc
trine of chances must not be considered
Personal opinions as to facts not proven
must be eschewed; ON the evidence alone
must the case be decided.
Preiudices, motives or feelings Of re-
venpe ON the part of the witnesses are
elements that disquaIify their testimony.
If the jury believes William Bate Was
induced to testify by promise Of immun-
ity or light treatment, the facts should
be considered in weighing the testimony.
The vieus ol sny Of the defense must
not be considered simply their guilt Or
inuocence Of the charge Of conspiracy.
The mere possession Of firearms y per
rnifted b. lsw ard Of itself i mot eyideuc
IT euilt q crime.