The Winslow mail., 1923-03-09
JUDGE BLEDSOE'S INSTRUCTIONS
TO FEDERAL JURY IN TRIAL
Reporters Transcript of Oral 1nstruc-
tiOn to Jury.)


must be proved, is the conspiracy to
violate the two statutes of the United
States that | have read The agree
ment combination, or confederacy
going to make up that conspiracy is
the gist of the offense charged against
these defendants, and you must first
be satisfied by the evidence, beyond
a reasonable doubt, that the agree
ment, combination, or cOnfederacy set
out in the Indictment was in fact
made, formed or entered into by the
defendants or not less than two OF
them 1t takes at least two to con-
stitute a conspiracy; man may not
conspire with himself. Though this
agreement need not be a formal agree
ment between the parties, yet it must
be actual and real and it's existence
must be established to your satisfac-
tiOn beyond a reasonable doubt. The
existence of such an agreement or
conspiracy is a fact which is seldom
capable of express or direct proof; in
fact, evidence of an express agree
ment to violate the Federal statute
in question is unnecessary. Evidence
of facts and circumstances, from
which the existence of a preconcerted
plan would be inferred, is sufficient;
and SO, too, the facts and circum-
stances from which the conspiracy is
to be inferred may, and often must
be, shown singly, and when so shown
it is for the jury to say whether, un-
der all the evidence in the case, such
facts and circumstances establish an
unla wful conspiracy beyond a rea-
doubt.
A conspiracy is combination or
agreement between two or more per-
sons by concert of action to accomp-
lish some criminal or unlawful pur-
pose of criminal or unlawful means
In this case the charge is a conspir-
acy to accomplish an unlawful pur-
pose, towit the violation of a statute
of the United States. 1t is not neces-
sary, to constitute a conspiracy, that
two or more persons should meet to-
gether and enter into an express or
formal agreement for an unlawful
scheme, or that they should directly,
by words or in writing, state what the
unlawful scheme was to be, or the
details or plan of the scheme by
means of which the unlawful combi-
nation was to be made effective. 1t
is sufficient if two or more persons in
any manner or through any cOntri-
vance positively or tacitly come to a
mutual understanding to accomplish
a common unlawful design. In other
words, where an unlawful end is
sought to- be effected and two or more
persons, actuated by the common pur-
pose of accomplishing that end, work
together in any way in furtherance
of the unlawful scheme, every one
of such persons becomes a member
OF the conspiracy, although the part
he was to take therein was a subor-
dlnate one or was to be executed
even at remote distance from the
other conSpiratOrS The combination
formed by two or more persons to eff
feet an unlawful end is q conspiracy,
said persons acting under a common
combination formed by two or more
persons to effect an unlawful end is a
conspiracy, said persons acting under
a common purpose to accomplish the
end desired.
Anyone who, after the conspiracy is
once formed and who knows of it's
existence, joins therein becomes as
much a party thereto from that time
and becomes as much responsible for
all of its acts as if he had originally
conspired in the scheme. 1t is not
necessary that the conspiracy should
originate with the defendants now on
trial for instance. Every person com
ing into a conspiracy at any stage Of
the proceedings, with knowledge of
its existence, or who remains in a
conspiracy. is regarded in law as a
party to all the acts done by any of
the others parties to the conspiracy
before or afterwards, in furtherance
of the common design. Mere knOwl-
edge of the conspiracy is not enough,
but if any or all of the defendants
joined therein, aided or abetted in the
commission of any overt act, or cOun-
seled or advised in its execution or
attempted execution, knowing of the
unlawful conspiracy, such person
would be regarded as a party thereto.
Joint assent and joint participation
in a conspiracy may be found like
any other fact, as an inference from
other facts proven, but as against a
defendant in a criminal case cannot
be found unless the proof be suffi-
cient to convince you beyond a rea-
sonable doubt Guilty connection
with a conspiracy must be established
by showing association by the person
accused with others in and for the
purpose of the prosecution of the
unlawful object. Each party must be
actuated by corrupt intent, an in
tent to promote the common unlaw-
full design, but each may perform Sc
parate acts or hold distinct relations
in forwarding that design. If two or
more persons pursue by their acts or
part of an act and the other another
part of the same act, SO as to com
plete it, with a view to the attain
ment of the unlawful object they are
pursuing, the jury are at liberty to
draw the conclusion that they have
been engaged in a criminal conspira-
cy to effect the object of the conspi-
racy Cooperation in some
must be shown. Mere knowledge OF,
or acquiesence in, the existence or
operation of a conspiracy will not
suffice to render one criminally liable.
There must be intentional participa-
tion in the transaction with view
to the furtherance of the common un-