Rocky Ford enterprise., 1907-08-02
Judge Woods Charge to Jury.


was read.
Judge Woods Charge to Jury.
Boise.-Judge Woods charge and In.
siruetions delivered to the jury IN the
Haywood case were lengthy. making
altogether about $4,000 words,
After the customary instruction az
to the general duties Of the jurors as
10 the law and evidence. Judge Wood
instructed the jurors In accordance
with his ruling made some days ago
as to the admissibility OF the eyi.
dence bearing on the connection Of
Steve Adams with crimes committed
in northern Idaho. This evidence and
also that introduced by the defense
regarding deporiations In Colorado
and the employment OF Pinkerton de-
teciiyes 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
ease.
Instructions as to the necessity for
the clear and conclusive proof beyond
any reasonabl. doubt Of every mate
rial fact were followed by the quoting
OF the Indictment on which Haywood.
together with Meyer and Pc,tibone.
was arrested. On this subject Judge
Wood said:
There arc three counts In the In.
diciment. but the substance OF each
Of them Is the unlawful. wiiful. dciib.
crate. pTcmcdiiated and fcionious kill.
Ing OF III. said Frank Steuncnbcr.
with malice aforcthouEht. The essen.
tIai elements of the dcf.ns. charged
In the Indictment consists Of the fol-
lowing features:
"F!rst-Thcrc must have been n
killing: second. that killing must have
been unlawful: third. II must have
been wilful. fourth. II must have been
dclibcrated upon: NTH. II must have
been prcmcditnt.d: sixth. II must have
been accompanied by malice In tho
mind OF the person or persons doing
the killing. And unless these fca.
lures. aud 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.
"'Thc language OF the statute IL siv.
en- ns to murder In the first and second
degree and voluntary and involuntary
mansiauHhtcr." Continuing. Judge
Wood said:
"Thc court instructs the jury that
under tho law no Jury should convict
citizen or cHikcns OF crime simply
because there is strong reason To be-
Iievc that he Ia guilty. but before the
jury can lawfully convict they must
be convinced OF tho defendants guilt
beyond all reasonable doubt.
IF Il is possible for you to recon.
Gle tho facts In this case upon any
reasonable theory consistent with the
Innocence OF the defendant. william
d. Haywood. IL IL your duty to do 30
and find the defendant not guilty.
Il further instruct you. gentlemen
of the jury. that while proof has been
cdmittcd OF the commission Of other
crimes by the defendant and his asso.
cintes. and tending to prove the COM
mission OF such other crimes by them.
that II has only been admitted for the
purpose of showing the existence OF n
conspiracy TO accomplish certain OBJ
jects, and that such crimes and the
crime resulting In the death OF ex-
Governor Steunenberg rs well. were
all incidents OF such conspiracy: but
you must not forget that the defend.
ant is being tried for the murder of
Frank Steuncnbcrg and for the crime
alone. But yea are privileged to take
such other matters Into consideration
as part Of the evidence In the case.
and rs 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'Alenes, or elsewhere, or who is re-
sponsible for the commission OF such
q hn
"The defendant cannot be convicted
unless the state has established be-
yond a reasonable doubt that he is
guilty Of the felonious killing of Frank
Steunenberg.
Defines Conspiracy Under Law.
"a conspiracy, within the meaning
of the criminal law. consists of n COM
bination between two or more persons
for the purpose of accomplishing q
criminal or unlawful object, or a law.
full object in an unlawful manner. As
applied to this case and under this in.
dictment, proof OF conspiracy Is only
proper in SO far as 1t may tend to
show a common design to encourage
the particular murder charged agairst
the defendant and 1t can only be intro
duced for the purpore Of establishing
the position Of the members Of the
combine as accessories TO the crime
of murder.
ut is not essential to the formation
of q conspiracy that there should be a
formal agreement between the par
ties to do the act charged. 1t is suf-
ficient II the minds OF the parties meet
so as to bring abou:
an intelligent and deliberate agree
ment to do such acts, as criminal the
crimes charged, although such agree.
ment be not manifested by any formal
words.
A conspiracy in the first instance
may be established by evidence hav-
ing no relation to the defendant, by
acts of different persons at different
times and places, or by any other cir
,..l,inh 1,roa,a lie axistnncn