The state herald., 1907-08-02
Judge Woods Charge to Jury.

structions delivered to the jury in the
Haywood case were lengthy, making
altogether about $4,000 words.
After the customary instruction as
to the general duties of the jurors as
to the law and evidence, Judge Wood
instructed the jurors in accordance
with his ruling made some days ago
as to the admissibility OF the evil
dence bearing on the connection of
Steve Adams with crimes committed
in northern Idaho. This evidence and
also that introduced by the defense
regarding deportations in Colorado
and the employment of Pinkerton de-
tectives by the mine owners, Judge
Wood instructed the jury not to con-
slider, on the ground that no proper
connection had been made in either
case.
Instructions as TO the necessity for
the clear and conclusive proof beyond
any reasonable doubt Of every mate
rial fact were followed by the quoting
of the Indictment on which Haywood.
together with Meyer and Pettibone.
was arrested. On this subject Judge
Wood said:
There are three counts in the in
dictment. but the substance of each
of them is the unlawful, wilful. delib-
crate, premeditated and felonious kill
ing OF the said Frank Steunenberg
with malice aforethought. The essen
tial elements of the defense charged
in the Indictment consists of the fol-
lowing features:
"First-There must have been n
killing: second. that killing must have
been unlawful: third. II must have
been wilful; fourth. 1t must have been
deliberated upon; fifth. ii must have
been premeditated: sixth, II must have
been accompanied by malice In the
mind OF the person or persons doing
the killing. And unless these fea-
lures. and each and every one of them.
are proven to your satisfaction beyond
a reasonable doubt, then the defend
ant cannot be in any event convicted
OF murder in the first degree.
'The language OF the statute is Civ
en- as to murder In the first and second
degree and voluntary and involuntary
manslaughter." Continuing. Judge
Wood said:
The court instructs the jury that
under the law no jury should convict
citizen or citizens OF crime simply
lieve that he IL guilty. but before the
jury can lawfully convict they must
be convinced OF the defendants guilt
beyond all reasonable doubt.
III II is possible for you TO recon
cile the facts In this case upon any
reasonable theory consistent with the
innocence OF the defendant. william
ID. Haywood. II is your duty to do so
In hA lafa pt
Il further Instruct you, gentlemen
Of the jury. that while proof has been
sdmitted of the commission of other
crimes by the defendant and his asso-
ciates. and tending 10 prove the com.
mission OF such other crimes by them.
that II has only been admitted for the
purpose OF showing the existence Of a
conspiracy TO accomplish certain OBJ
jccts. and that such crimes and the
crime resulting In the death OF e1-
Governor Steunenberg as well. were
nil incidents OF such conspiracy; but
you must not forget that the defend.
ant IL being tried for the murder of
Frank Steunenberg and for the crime
alone. But ysI are privileged To take
such other matters Into confederation
as part OF the evidence IN the case.
and as Incidents and circumstances
bearing upon the question Of his guilt
on the charge Of murder Of Frank
Steunenberg.
1t makes no difference, however In
this case what crimes have been com.
mitted in Colorado. In the Occur
d'Alenoa. or elsewhere or who IN ~.
sponsiblc for the commission Of such
crimes, II any there be.
THE defendant cannot be convicted
unless the state has established be-
yond a reasonable doubt that he II
guilty Of the fclonious killing Of Frank
Stcuncnborg.
Defines Conspiracy Under Law.
"a conspiracy, within the meaning
OF the criminal law. consists Of n com.
binHtion between two or more persons
for the purpose OF accomplishing
criminal or unlawful object. or law.
ful object In an unlawful manner, As
applied 10 this case and under this IN,
dic,mcnt, proof Of conspiracy In only
proper In no far M II may tend to
show common design 20 encourage
the particular murder charged AgnirHt
the defendant and I, can only be intro.
dueod for tho purporn of establishing
the position of the members Of N.
combine aH accessories 20 tho ,rlma
Of murder.
IT In no, essential 10 the formation
of conspiracy that there should be-
formal agreement bo'seon the par.
Ties 10 do the act charged II ID tuf'
fciont n the minds Of the parties meet
undcratandinsly. 30 M 10 bring nbou.
an intelligent and deliberate agree.
ment 10 do such acia, aA criminal m.
efimea charged. although such arroe,
mcnt be not manifested hy any formal
words
A conspiracy In the hrst instance
may be established by evidence hay.
ing no relation To tLe defendant, by
acts NJ different persons al different
times and places. or by amy other cit.
cumHtAnees which prove its existence.
I, IN sufficient Of the state 10 prove be-.
yond reasonable doubt that such
conspiracy existed nj the time Of the