The Birmingham age-herald., 1907-07-28

that the testimony of the accomplice Is corroborated by other and independent evidence.
 This corroborating evidence need not be sufficient in itself to establish the guilt of the defendant, but it must tend in some degree to implicate and connect the defendant with the commission of the crime charged
 Tn order to ascertain whether or not the testimony of the accomplice is cor roborated, as the law provides 1t must be before a conviction would be war ranted, you would eliminate from the case the evidence of the accomplice and examine the evidence of the other wit ness with the view to ascertaining if there be evidence tending to connect the defendant with the offense. If there is, the accomplice is corroborated; if there is no inculpatory evidence there is no corroboration, though the accomplice may be corroborated in regard to any number of facts sworn to by him. circumstantiaI Evidence.
 "In this case, the state relies upon cir [ cumstantial evidence to establish the con- nectlon of the defendant with the con splracy sought to be proven by the evil dence taken in connection with the direct , testimony Of the accomplIce, Harry Or chard.
 Tn order to justify an inference of legal guilto from eircumstantial evidence, the existence of the inculpatory facts must be absolutely incompatible with the in 1 nocence of the accused upon any rational theory, and incapable of explanation upon any reasonable hypothethis other than that of his guilt.
 If you believe from the evidence that the witness, Harry Orchard, was induced or influenced to become witness and testify in this case by any promise of immunity 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 con- sideration in determining the weight which ought to be given to testimony 80 obtained Such testimony should be re- | ceved by the jury with caution and scru- tinized with great care. '>
 Favors to Witness.
 And if from the evidence, it appears that any favors have been extended r. the authorities of the state of Idaho to the witness Harry Orchard and there Is any promise either expressed or implied, relating to further favors to be received by him on account of his testimony in the case, then those are proper matters
 
 affecting the credbility of his testimony. Certain articles have been introduced | in evidence from the Miners Magazine for the sole purpose of determining wheth- CT or not any motive existed upon the part of the defendant to participate in the offense charged in the indictment and not for the purpose of establishing in any wise the commission of any such offense.
 '"rhe 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 he tes- | tiles, as in this case, becomes the same In , all respects as any other witness. and his testimony must be tested by the same rules or tests that are applied to other | witnesses, and the jury may take Into | consideration the interest that he has in the case in determining the weight to be ] given his testimony
 Tn conclusion you are to determine the question as to whether or not the de- 1 fendant killed and murdered Frank Steu- nenberg, as charged In the indictment, or aided and abetted such killing. If so you should find him guilty; if not, you should | find him not guilty.
 Under the indictment in this case, the | defendant may if the evidence warrants 1t. be convicted of murder in the first de- gree, murder in the second degree, or manslaughter."
 Last Word.
 Gentlemen of the jury the court now delivers this case into your hands, It is l your duty to consider it and deliberate upon 1t without fear and favor. If the evidence shows that any individual or in- dividuals, any persons in any private or 1 official capacity, or any class or classes 1 of people are interested in any way in the conviction or acquittal of this defendant, such fact or facts should not be consid- | cred by you or have any influence upon your deliberations You are here to try