The Waterbury Democrat., 1939-08-16

Opening his remarks to the jury today at 10:03, Judge Inglis con- cluded his charge as follows:
 By way of summary of all that I have been saying to you, just let me add this. The main questions upon which you will have to pass are three in number. They are, first, has the State proved beyond a req sonable doubt that one general combination or confederation such as alleged in the information exist ed: second, has the State proved beyond a reasonable doubt that the purpose of that confederation was to accomplish any of the unlawful purposes or do any of the unlawful acts which are alleged in the in- formation, and, third, which if any of the nineteen defendants whom you have in charge has the State proved beyond a reasonable doubt became members of that combir1a- ton or confederation either by ex- press agreement or by doing some act or acts which were in further ance of the conspiracy with guilty knowledge or intent and with knowledge of the conspiracy.
 "You understand, of course, that, although all of these defendants have been informed against and tried together, it is your task to consider each defendants case sepa- rately from that of all of the others upon the basis of the evidence or lack of evidence admissible against him. All of the evidence which you have heard, except such small por- tions of it as have told you IS to be considered only as to some one particular defendant, should be taken into consideration by you in passing upon the guilt or innocence of each of the defendants. But if on all of that evidence you find that the State has failed to make out 8 case beyond a reasonable doubt as to any one of the defendants that he was a member of the conspiracy as charged, then it is your duty to find him not guilty regardless of what the verdict is as to any other defendant. In the same way, if you find that the State has made out case beyond reasonable doubt as to any one of the defendants then it is your duty to return a verdict of guilty as to him regard less of what your verdict may be as to any other.
 Each Accused ..
 ITO put this in slightly different way: When you come in to report your verdict you will be inquired of by the clerk as to what your verdict is as to each accused per- son separately. Your foreman will have to be prepared to answer either guilty or not guilty as to each defendant separately. And so it is that in the course of your de- Alterations you must determine as to each of the defendants whether you are satisfied beyond a reason able doubt that, in accordance with the principles of law which I have given you in this charge, that de- | fendant was a member of the gen. eral conspiracy charged in the in- | formation. If you are so satisfied as to any of the defendants your ver- dict as to him is to be that of guilty" If you are not so satis- fled as to any of the defendants, your verdict as to him is to be that of not guilty
 "In committing the case into your charge, I am sure that I do not need to caution you not to let sym pathy for nor prejudice against any of the parties in any way influence your deliberations or decisions Every case which is tried is apt to have clements in it which might arouse sympathy or prejudice and every trier of facts whether he be judge or jury man must be careful to exclude such considerations from his mind. Remember that we are here to administer justice and not sympathy or prejudice.
 "When you retire you should first choose 6 foreman whose duties will be to preside at your deliberations and to report your verdict for you with your assent when that verdict is agreed upon. You will have with you in the jury room the informa- ton and an amendment thereof You will also have all of the ex- hibits which have been introduced in evidence. You are privileged to make such use of the mas you may need to in the proper course Of your deliberations.
 'This trial has Ueen c lengthy one and if you Ind it necessary to refresh your recollection as to any of the evidence you are privileged to have that read to you. Also f you have any doubt as to the law lof the easc, you are privileged io