Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1907-07-27
COURTS INSTRUCTIONS ARE
FAVORABLE To THE DEFENSE

> 8B - - 08 " VI 60
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owners, Judge Wood instructed the
jury not to consider on the ground that
no prior connection had been made in
either case.
Instructions as to the necessity for
clear and conclusive proof beyond any
reasonable doubt Of every material fact
were followed by the indictment on
which Haywood, together with Meyer
and Pettibone, was arrested After de
fininS the degrees Of murder, the judge
said:
Admissions to Show Conspiracy.
Il further instruct you, while proof
las been admitted of the commission
of other crimes by the defendant and
his associates tending to prove the
commission of such other crimes by
them. it has only been admitted for
the purpose Of showing the existence
Of a conspiracy to accomplish certain
objects. that such crimes and the crime
resulting in the death Of Stcmenberg
as well, were all incidents Of such con-
:
defendant is being tried for the muir
der of Steunenberg, and for that crime
alone. But you are privileged to take
such other matters into consideration
as part of the evidence in the case,
and as incidents and circumstances
bearing upon the question of his guilt
upon the charge of the murder of
SteUncnberg
other Crimes No Weight.
1T makes no difference. however, in
this case what crimes have been COM
mitted in Colorado. in the Coeur
d'Alenes, or elsewhere or who is re-
sponsible for the commission of such
crimes, if any there be. The defend
ant cannot be convicted unless the
state has established beyond reason
able doubt he is guilty of the felonious
killing OF Steunenberg"
The judge then defined conspiracy.
within the meaning of the criminal law,
and said: 1T is not essential to the
formation of conspiracy that there
should be normal agreement between
the parties to do the act charged 1t is
sufficient if the minds of the parties
meet mderstandingly so as to bring
about an intelligent and deliberate
agreement to do such acts. and commit
! the crimes charged, although such an
agreement be not manifested by any
formal words.
Proof Is Necessary.
IF the prosecution has failed to
prove these facts beyond reasonable
| doubt, you should find the defendant
! not guilty. If, however. you believe in
| this case i'll the evidence find beyond
! d reasonable doubt the defendant, Hay
wood aided, abetted, advised and en-
couraged the killing of Steunenberg,
then the defendant-is guilty, and it
! would be immaterial whether he was
actually present at the time of the
killing or not.
| Must BE Supported.
THE jury is directed to disregard
Harry Orchards testimony unless it is
cOrrOhorated by other evidence. Under
the laws of Idaho a person cannot be
convicted upon the testimony of an
accOmplice unless such testimony is
corroborated by evidence of different
character to the same point
The judge said: Under the indict.
ment, Haywood, if evidence warrants
is to be convicted of murder in the
first degree, second degree, or man
slaughter"
BOrah Closes Argument.
Boise, Idaho, July 27.-United States
Senator William e. Borah, engaged by
Idaho as special counsel for the prose
cution, spoke the last words last night
; His peroration, delivered in quiet. al
: most pleading tones, was in strong con
trast to the harsh voice in which h,
spoke of Darrow's argument of justifi
cation.
''lf, he said, 'the state has pointet
cut to you men who were concerned
in, who executed this awful crime
then, in the name of the manhood anC
the wOmanhoOd of Idaho, do your dut,
without any fear of any men or an,
favor to any man. Let us be brave il
: this supreme moment. If the defend
: ant is innocent. let him go free; bu
t if not, then let him take the punish
ment that the law prescribes.
Requires High Courage.
You have a higher duty to perform
than was ever asked of jury i'll Idaho
Some of you have stood the test il
protection of your homes and of you
\ flag, but never faced a duty that II
quired higher courage than now. L
every home in Idaho the thoughts O
our people are with you. mingling wit
the thoughts of things that made thes
homes possible. In every home through
G out this broad land, men and wome
a., tonight look to you as brave men VIII
u stand for the right
: At the close of Borah's address an
the adjournment of court, he was su
rounded and congratulated by nearl
every one in the court room, includin
n counsel for the defense.
e Seeks to Be State Secretary.