ou can reconcile the facts in this
case upon any reasonable theory consistent with the innocence of
the defendant, John Kunze, it is your duty so to do, and to find
said defendant, John Kunze, not guilty. If you can reconcile the
facts in this case upon any reasonable theory consistent with the
innocence of the defendant, Patrick O'Sullivan, it is your duty so
to do, and to find said defendant, Patrick O'Sullivan, not guilty.
If you can reconcile the facts in this case upon any reasonable
theory consistent with the innocence of the defendant, Martin
Burke, it is your duty so to do, and to find said defendant, Martin
Burke, not guilty. If you can reconcile the facts in this case upon
any reasonable theory consistent with the innocence of the
defendant, Daniel Coughlin, it is your duty so to do, and to find
said defendant, Daniel Coughlin, not guilty.

"It is not sufficient for the jury to find that a resolution was
adopted for the appointment of a secret committee in Camp 20 on
February 8, 1889, but it must further appear to your satisfaction,
beyond all reasonable doubt that such committee was in fact
appointed by the defendant Beggs, and that such appointment was in
pursuance or in furtherance of a conspiracy to commit the crime set
out in the indictment, and you must further be satisfied, beyond
all reasonable doubt, that the defendant Beggs had knowledge of the
purpose for which said committee was asked, or, if appointed,
assented to its purpose subsequently, or you will not be justified
in finding a participation in such conspiracy on the part of the
defendant Beggs by reason of the facts just recited. That the
defendant Beggs was a member of the United Brotherhood and was the
presiding officer of Camp 20 are not circumstances standing alone
tending to establish his guilt of the crime charged in the
indictment in this case. And as there is no evidence in this case
that any overt act was committed by the defendant Beggs in the
commission of the alleged murder charged in the indictment in this
case, therefore, unless it is established that a conspiracy was
entered into to commit the murder charged in said indictment, to
which conspiracy the said Beggs was a party, he should be
acquitted.

"When the testimony of witnesses appears to be fair,