Evening star. [volume] (Washington, D.C.) 1854-1972, 1907-07-03
ANTE-CL|MAX OF TRIAL
Additional instructions for Jury
in Holmes Case.
SUMMONED TO COURT ROOM
Exact Meaning of the Conspiracy
Charge Again Explained.
TWELVE MEN OUT ALL NIGHT
Statement by the Foreman-Reply Of
Justice Stafford-Return to
Consultation Room.
TO COURT ROOM
TWELVE MEN OUT ALL NIGHT

case-in Criminal Court No. this after
| noon. when the jurors by direction Of JUS
tice Stafford, were ushered into court and
questioned whether any further instruction
upon points of law was desired Few peo-
pie were present. because Of the unexpected
| nature of the proceedings. but the defend
ant and his wife. the attorneys and the
| limited number of spectators listened eager
ly in an effort to fathom any evident indi-
cation of the leaning Of the twelve men
| who are charged with the duty of deter
mining Holmes fate. The jury was called
| in at 12:35 o'clock and. after again hearing
Justice Stafford define the exact meaning
of the conspiracy charge against the de-
PENDANT, retired for further elaboration.
When court first convened at 10 o'clock
this morning the room was crowded, be-
cause it was expected the jury would agree
upon verdict by that time, or that the
twelve men would be called in by order Of
the court. Instead of the expected hap
consideration of other matters pending on
the calendar, and the Holmes jury was
permitted to continue its deliberations.
Dramatic Moment.
United States Attorney Baker and As
sistant United States Attorney Adkins were
first to enter the courtroom at 1880 o'clock
this afternoon.~and Holmes counsel At
torneys Worthington and Lester, accom-
panied by the defendant, his wife and son,
followed a few minutes later. The dra-
matte moment. when the jury proceeded
to the seats occupied during all the past
five court weeks was not lost upon Mrs.
Holmes, and she was greatly affected by
the apparent imminence of the moment
when the finding for or against her hus-
band was to be announced.
Altogether the jurors had been locked in
their consultation room for nearly twenty
two hours up to the time they were sum-
moned before Justice Stafford. During all
of last evening Justice Stafford was in read
mess to return to the courthouse to receive
a verdict. but at 10 o'clock. when the twelve
men had been In discussion of the case for
seven consecutive hours without result, the
court instructed that they be locked up
for the night and 1t was suggested that
they go to bed and take up the case afresh
this morning. That such was done was evil
dent from Foreman David F. Dumberth's
opening announcement this afternoon, when
he said fifteen out of the twenty-five hours
since 3 o'clock yesterday afternoon had
been devoted to discussion of the case.
Admonition by Court.
Justice Stafford opened the proceedings
when the jury had taken its place this
afternoon by caut!oning that answers to bis
questions should not in the slightest de-
gree indicate the opinion of the jury or any
of its members. He then asked whether
any further instruction was desired upon
points of law IN the case, and Foreman
Dumberth replied
You honor, it seems to me that II the
charge of conspiracy were a little more
clearly defined than it has been it might
help US to arrive at a conclusion. We have
heard all the evidence in the case and your
honor's instructions. but we cannot arrive
at verdict. Our opinion is honestly formed,
after weighing everything relating to the
case"
DO you mean that you are not clear as
to what in law constitutes a conspiracy
queried Justice Staffor\.
I'VE would like to have that defined lit
tie more clearly" answered the foreman.
Il think we should have that
Added Instructions.
Justice Stafford then gave added instruc-
lions regarding the conspiracy clause in
the indictment. as follows:
"In the first count the charge as you
know, is that the defendant and Pecxham,
or the defendant and Haas. or all three
of them, conspired and agreed together to
have Holmes commit the offense of mis-
conduct in office, or to do the things which
constituted that offense. In the second
| count the charge is that they agreed to-
sether to defraud the United States l ex-
planned before what would constitute mis-
conduct in. office and what would consti-
tute defrauding the United States
AS to the conspiracy itself, that means
that the minds of the parties came to-
gether upon the subject matter that they
agreed about 1T just as two parties agree
In their minds about a contract-that one
Will buy and the other will sell certain
piece OF property at a certain price. for
example. 1t means that their minds came
together on the terms of the conspiracy
| as charged in the mathematician Holmes
would do his part of it, as charged in the
Indictment. and Peckham or Haas. which
ever the other party was. or both of them,
would do their part about getting some
one else to buy and sell, for instance, just
as Is charged in the Mathematician they
agreed about that. Now, no witness has
testified. of course. to hearing them agree
among themselves that they would do that:
and as l said before. direct evidence is
usually not possible in a case Of alleged
conspiracy.
rom the Circumstances.
IF It is found at all. 1t is usually to be
found, and in this case it must be found.
from the circumstances-from what Holmes
and Peckham and Haas are found by you
to have done in the matter. If these things
mt together, and convince your minds be-
yond any reasonable doubt that these men
had conspired and agreed together to do
this thing charged in the Indictment, then
that point is made out.
so that you have first to determine in
your own minds and agree upon these dir
cumstances-upon what Holmes and Peck
I ham and Haas. or some of them. did do.
Ihen discuss those matters which you find
they did about this, and say whether the
fact that they did these things conyinces
you that they had previous agreement
such as is charged here in the Indictment
If all the evidence upon that subject fails
to satisfy you beyond a reasonable dou-t
that there was this prearrangement. then
that point which is vital point in the
case. is not made out by the evidence But
If. when you consider all which YOU are
satisfied from the evidence they did do
you are satisfied beyond a reasonable doubt
that they did have the prearrangement. the
agreement of minds, as charged here in the
indictment. then they had conspIred to-
gether."
By Request of Defense.
At the request Of Attorney Worthinp-
ton. Justice Stafford also cautioned the
jury that the charge in the Indictment al
leges conspiracy only between Holmes
and Peckham and Holmes and Haas or
between all three. but not between Holmes
and Van Ripper.
Upon still another point Foreman Dunn
berth seemed to think additional light was
needed namely. the clause in Justice Stat
ford's original instruction to the effect that
Holmes is not charged with making UP a
false report, fabricating something. but of
giving Information in advance as to what