n
corroborated by other credible evidence, or by the facts and
circumstances proven on the trial. Testimony of verbal admissions,
statements and conversations, ought to be taken by you with
caution, because that sort of testimony is subject to much
imperfection and mistake. And when the verbal admission of a person
charged with crime is offered in evidence, the whole of the
admission must be taken together, as well that part which makes for
the accused as that which makes against him; and if part of the
statement which is in favor of the defendant is not disproved, and
is not apparently improbable or untrue, when consistent with all
the other evidence in the case, then such part of the statement is
entitled to as much consideration from the jury as any other part
of the statement.
"Before you can be warranted in using against any one of the
defendants any evidence respecting the conduct or conversation of
any other defendant, you must believe to a moral certainty, from
reliable and credible evidence, not only that the particular
defendant whose conduct and conversation the prosecution seek to
use against the defendant was a member of an unlawful conspiracy,
as charged in the indictment, but that the defendant himself was
also an associate and member of such conspiracy. If, after an
examination of all the evidence, which examination should be made
by you in a spirit free from passion and prejudice, there should
exist in your mind any reasonable doubt as to whether or not any
defendant was a member of an unlawful conspiracy as charged in the
indictment, then and in such case it would be illegal and wrong for
you to use against such defendant any evidence respecting the
conduct or conversation of any other defendant, even if you should
believe that such other defendant was a member of such alleged
conspiracy.
"In no view which can be taken of this case will you be warranted
in using against one defendant any evidence of the act, conduct or
conversation of any other defendant occurring subsequent to the day
of the alleged homicide of Dr. Cronin.
"Although you may believe that the defendant Beggs, at a meeting of
Camp 20 on May 10th, remarked in substance that that committee was
to report to him, and even if you should further believe th
|