The Winslow mail., 1923-03-09

the agreement or conspiracy. The acts
and communications between the de-
PENDANTS in the particular case, the
nature of those acts, declarations, and
statements, whether verbal or in writ
ing, and the character of the transac-
tions or series of transactions, with
the accompanying circumstances, as
the evidence may disclose them,
should be investigated and considered
as sources from which evidence may
be derived of the express or implied,
to do the alleged unlawful acts.
Conspirators do not generally work
in the light They prefer darkness,
figuratiVely if not literally. They fire.
quently obscure their purpose by
formal and technically correct instru-
ments of writing or other simulated
activities, leaving the real purpose
for execution, notwithstanding the
writing or such simulated activity
The effects and results of a conspira-
cy can be observed and proved but
rarely can one get a glimpse or make
proof OF the secret conferences which
or initiated or accon1pa-
MED For these manifest reasons.
proof of criminal combination to do
an unlawful act can rarely be made
except by light reflected from it's at
tendant circumstances and its con-
sequence or results.
In this connection also, you are in
structed that it frequently happens in
c0nsplracies of wide ramifications
that the individuals who participate
therein may be selected because of
peculiar fitnes, either of person or of
locality, and having no personal ac-
quaintance with or knowledge of the
others participating therein, but are
nevertheless connected as important
factors to complete the design.
In every conspiracy specific Grim
inal intent, that is, the corrupt intent
to accomplish or encompass an un-
lawful object the unlawful object
charged in the indictment, is an es-
sentlal element of the crime. There
can be no conspiracy without this un-
lawful or criminal intent on the part
of each of the parties thereto. The
actual criminal or wrongful purpose
must accompan yand form a part of
the agreement, and it must be proved
as a substantiative fact in the case to
your satisfaction and beyond a rea-
sonable doubt
In determining the existence of a
conspiracy you will take into consid-
GRAFTON the relation Of the parties to
one another, their personal and busi-
ness association with one another and
with others involved in the transac-
tion in which they were engaged, and
all the facts in evidence that tend to
show what transpired between them
at or before the original combination
ii any, as well as the acts performed
each party subsequent to such origin
al combination in regard to the sub
ject-matter of the original confeder-
acy, as the same may have been re-
ceived in evidence. And upon these
facts and circumstances you will de-
ternline whether a combination ...
..1g ~. Illegal in is inception or be-
came Illegal at any subsequent time.
In order to establish the connection
of any particular defendant with the
conspiracy, such connection must be
shown by facts or circumstances in
dependent of the declarations of
others, that is, by his own acts, con-
duct, or declarations and until this
fact is thus established he is not
bound by the declarations or state
ments of others. Guilt, in other
words, must originate within a mans
by his own acts, conduct, or admis-
sions. The principle of law and the
rule of evidence is that, when once a
conspiracy or combination is so es-
tablished and the defendant is shown
by independent evidence to be a party
thereto, then he is bound by the acts,
declarations and statements of his
co-conspirators done and made in
fur;herance of the conspiracy, because
in that event each is deemed to as
sent to or commend what is done by
any of the others in furtherance of
the common object. If it be true
partnership in crime, then each part
ner is responsible for the acts of the
other partner or any other partner in
the furtherance of the crime that they
had in mind. So, in considering the
testimony given as to the acts, declar-
I'at1ons and statement of either one of
Ithe defendants when other defendants
were not present, you are to under
stand that that testimony was sub
mitted to you for the purpose of show
ing in the first instance that there
was a conspiracy formed and exist
ing; in the second instance that the
| person or persons making the decla-
tions We're parties to it, but that the
Ialleged connection of any one of the
defendants with the alleged conspir-
acy, if any existed, must be shown
by facts or circumstances arising out
OF his own conduct and Independent
of the statements made in his absen,
ce, and that when once that connec-
ton is thus shown, then he becomes
affected and bound by the declara-
Itions and acts of the other parties to
the conspiracy, if any, made and done
in the furtherance of the common en-
terprise and during his connection
Herewith
In view of the foregoing rule, there
fore, it will be necessary for you to
take up and consider the evidence as
it relates to each defendant on trial,
separately, and in considering wheth-
er or not he was a party to the con-
spiracy or agreement, If you find
there was one, you are only to take
into consideration his own statements,