The Roswell daily record. [volume] (Roswell, N.M.) 1903-current, 1907-07-27

LIFE IN HANDS
OF THE JURY

lished beyond reasonable doubt tnat
he is guilty Of the felonious killing
of Frank Steunenberg."
Judge Wood explained the nature
of the proofs necessary to establish
the charge of conspiracy, and said:
1T is not essential to the formation
of conspiracy that there should be
a formal agreement between the par
ficient if it was in tine mind of the par
| ties to do such acts or commit the
crime charged, although such agree
ment be not maintained by any for
NAL words. If you believe in this case
from the evidence, beyond a reason
able doubt, that the defendant aided,
abetted, advised and encouraged the
killing of Frank Steunenberg, then
the defendant is guilty, and it would
be immaterial whether ne was actu-
ally present at the time of the killing
or not. The law views with distrust
the testimony of an accomplice on
| account of the motive he may have
/ IOI lay tuS ISSpOuSlDlIIIy Ills
crime upon another when by so doing
he may secure immunity for mis- own
participation in the crime charged.
For this reason the law exacts corrob-
Grafton, and although the jury may
| believe the testimony of the accom-
plice is true, still the jury could not
convict the defendant on such testi-
mony unless they found that the tes-
timony of the accomplice is corrob-
GRATED by other and Independent evil
dence"
'This corroborating evidence need
not be sufficient of itself to establish
the guilt of the defendant, but it must
tend in some degree to implicate and
connect the defendant with the com
mission of the crime charged. In or
der to ascertain whether or not the
testimony of an accomplice is corrob-
GRATED as the law provides, it must
be before conviction would be war
ranted, you should eliminate from the
case the evidence of the accomplice
and examine the evidence of other
| witnesses with a view to ascertain
ing if there be evidence tending to
| fense. If there is the accomplice is
corroborated; if there is not inculpa-
| tory evidence, there is no corrobora-
| ton, though the accomplice may be
corroborated in regard to any number
of facts sworn to by him. In this case
/ oir ,cto io1
evidence to establish the connection
of the defendant with the conspiracy
sought to be proven by the evidence
taken in connection with the direct
testimony of the accomplice Harry
Orchard. In order to justify the infer
tial evidence the inculpatory facts
must be completely Incompatible with
| the innocence of the accused upon
sny reasonable hypothesis other than
his guilt If you believe from the evi-
dence that Harry Orchard was induc-
ed or Influenced to confess Or testify
by any hope held out to him That if
he testified against the defendant he
would not be prosecuted or punished,
then the jury should take such facts
into consideration in determining the
weight which ought to be given the
ny should be received by the jury
with caution and scrutinized with
care"
! "And if from the evidence it ap-
pears that any favors have been ex-
tended by the authorities of the state
of Idaho to the witness Harry Orch
ard and that there is any promise ex-
press or implied relating to further
fsvors to be received by him on ac-
count of his testimony in this case,
then those are proper matters for the
i consideration of this jury, as affecting
the credibility of his testimony. In
conclusion, you are to determine the
lquestion whether or not the defend
ant killed and murdered Frank Steun
lenberg as charged in the indictment
or aided or abetted in such killing
lIf so you should find him guilty; II
not. you should find him not guilty
Under the Indictment in this case the
defendant may, IL the evidence war
rants 1t, be convicted of murder in
1.-THE first degree. murder in the sec
ond degree or manslaughter.
! Gentlemen OF the Jury, the Couri
now delivers this case into you
! hands. 1t Is your duty to consider \
! land deliberate upon IL without feal
! land without favor. II the evidences
! shows that any individual or individ
| uals. any person In any private or ON
J lcial capacity. or any class or classes
Of people are interested in any val