Los Angeles herald., 1907-07-28


the testimony Of the accomplice Is cor
roborated, as by the laws 1t must be De-
fore a conviction is warranted, you must
eliminate from the case the evidence OF
the accomplice and examine the evidence
Of the other witnesses with a view TO
ascertainlng If there be evidence tending
to connect the defendant with the Of
fense.
Circumstantlal Evidence
"If there is the accomplice is corrobo-
rated: if there is no incu.patory evidence
there is no corroboration, though the ac-
complice may be corroborated in regard
to any number of facts sworn to by hlm'
'In this case the state relies upon cir
cumstantial 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 an inference of
legal guilt from circumstantial evidence,
the existence of the incupatory facts
must be absolutely Incompatible with
the innocence of the accused upon any
rational theory, and incapable of expian-
alton upon any reasonable hypotnesls
other than that of his guilt.
''If you believe from the evidence that
the witness Orchard was induced or in
fluenced to become a witness to TESTIFY
in this case by any promise OF immun-
lty from prosecution or punishment, or
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 consid-
GRAFTON in determining the weight which
ought to be given to testimony SO op-
tanned
Received with Caution
such testimony should be received by
the jury with caution ana scrutlnl1eu
with great care.
"And If from the evidence, 1t appears
that. any favors have been extended by
the authorities of the state of Idaho TO
the witness, Harry Orchard, and there
is any promise, either expressed or I'M
piled relating to further favors to be
received by him on account OF his tesr-
mony in this case, then these are proper
matters for the consideration OF TINS
jury, as affixing the credibility OF MS
testimony.
Certain articles have been received In
evidence from the Miners Magazine for
the sole purpose of determining whether
or not any motive existed on the part OF
the defendant to participate in the Of
fense charged in the indictment, ana
not for the purpose of establishing in
any wise the commission of any such Of
fense.
''The jury is further instructed that by
statutory provision the defendant In a
criminal case Is made a competent wit
ness in his own behalf, and where ne
testifies. as In this case, becomes the
same in all respects as any other Wit
ness, and his testimony must be tested
bv the same rules or tests that are ap-
plied to other witnesses, ard the jury
NAV take into consideration the inter-
est he may have in the case In determ-
lining the weight to be given to his tes-
timony.
Three Degrees Possible
I'm conclusion, you are to determine
the question as to whether or not the
defendant killed or murdered Frank
steunenberg as charged in the lnolct-
ment. or aided and abetted such killing.
IL so YOU should find him guilty; If not
YOU should find him not guilty
"IJnder the indictment in this case the
defendant may. If the evidence warrants
it, be convicted of murder of the hrst
degree. murder of the second degree or
manslaughter.
gentlemen OF the jury, the court now
delivers this case into your hands.
'It is your duty to consider 1t ana
deliverate upon 1t without fear and With
out favor. ,,
"If the evidence shows that any lnol-
,,d,tal or individuals, any persons in any
private or official capacity or any class
or classes Of people are interested in any
way in the conviction or acquittal of this
defendant, such fact or facts should not
be considered by you or have any intlu-
ence upon your deliberations.
"You are here to try and determine this
case between the state of Idaho and the
defendant, William D. Haywood.
''I herewith submit for your considera-
ton appropriate forms of verdict sultaoie
to any conclusion you may reach'