The Sentinel=record., 1912-12-27
red by you upon that issue alone.

I
 The evidence in this case shows that in August, 1905. there was con
 troversy between the Internationa | Association of Bridge and Structural | Iron Workers and the American | Bridge company over the open and
 closed shop question, that in said month, the International declared, a strike against the American Bridge | company and that this strike has nev- CT been settled. If you find from the evidence that in order to carry out he purposes of the International, the defendants, or two or more of them, bente1sd into conspiracy to destroy with dynamite or nitroglycerine, the propeHg of the American Bridge com pany and other open shop concerns, or the structures which they were erecting in various states of the union and if you find that such con spiracy to destroy such property in- cluded as a necessary step in the accomplishment of such destruction the unlawful transportation of dynamite and nitroglycerine upon the vehicles of common carriers engag- ed at the time in the transportation of passeng CTS, from a place in one state to a place or places in another CT other states, of the United States if you further find that such destruc- ton of property was accomplished by explosions of dynamite and nitIogly cerine in various places throughout the United States and that the dyna- mite and nitroglycerine with which such explosions were produced were as matter of fact transported from state to state upon the vehicles Of common carriers, engaged at the time in the carrying of passengers, as averged, then you will be authorized to find that a conspiracy was formed to transport dynamite and nitrogly- cerine unlawfully, as charged in the indictment"
 Calling attention to the charges of illegal transportation the court said:
 You may find the defendants guilty upon all of the counts of the indict- ment upon which they are now upon trial, if you are satisfied beyond reasonable doubt that tine proofs jus tify it. Or. you may find the defend ants guilty upon any one or more of the counts of the indictment and not guilty on the others. You may find any defendant guilty or not guilty or you may find one or more of them guilty and the others not guilty. Be 'ore you can find any of the defend ants guilty you must be satisfied of his guilt in manner and form, as charged, in some one of the counts of the indictment upon which they are on trial, beyond a reasonable doubt"
 Of McManigal and Edward Clark, Cincinnati both of whom pleaded guilty and testified for the govern ment, the court said their testimony should be received with caution and scrutinized with care" and added
 The witness, Wm. J. Burns, while on the witness stand, detailed con versation that ihe had with the de- fendant Hockin, in which he made statements to Hockin about the de fendant Tyeitmoe having been in prison and having a prison record. Such statements made by Burns are not to be considered by you in any way in determining the guilt or inno- CeHce or tHe ueleHudIt lNeitiHOt, us to the charges laid in this jndict- ment"
 Judge Anderson concluded
 Carefully weigh all the evidence in the case, and from it, under the rules of law which I have given you, determine the guilt or innocencef of the defendants. With you and not with the court rests the responsible ity of finding and determining the facts. The views of the court on questions of fact are not controlling upon you You have nothing to do with tine case except to determine the single question of the guilt or in nocence of the defendants. If you should return verdict of guilty, the measures of punishment to be in- ficted upon the defendants is com mitted to the court"
 The testimony of Burns about Tveitmoe, referred to by the court, was that Burns had numerous con- versations with Hockin shortly after
 he Los Angeles Times explosion and
 hat Burns related to Hockin how he expected Tyeitmoe would "blow him up," because he tBurns) had ob- tained a photograph of Tvsitmoe in the grab of a Minnesota penitentiary prisoner and had Ii published in San Francisco newspaper.