at such
remark possessed some criminal import, yet, in no view that can be
taken of this case, will you be justified in using such remark as
evidence against any other defendant.

"Although you may fully and confidently believe that one J. B.
Simonds, the person who drove Dr. Cronin away from his home on the
night of May 4th, and other unknown persons were members of a
conspiracy to murder Dr. Cronin as charged in the indictment, and,
indeed, that they did murder him, yet you can not and ought not use
any evidence respecting the conduct and conversations of such
persons, or any of them, against any defendant unless you are first
convinced beyond every reasonable doubt, from the evidence, that
such defendant was also a member of such conspiracy to murder Dr.
Cronin.

"Although you may believe that a conspiracy existed to murder Dr.
Cronin, and although you may further believe that he was murdered
in pursuance of such conspiracy, yet the fact that a defendant did
some act which contributed in some measure in producing the
Doctor's death will not justify you in concluding that the
defendant doing such act was a member of such conspiracy, unless
you further believe, from the evidence, beyond a reasonable doubt,
that said defendant, at the time of doing such act, actually knew
and intended that the act done by him should be one of a series of
acts to be done by others in producing the Doctor's death.

"A conspiracy may be established by circumstantial evidence, the
same as any other fact, and such evidence is legal and competent
for that purpose; so whether an act which was committed was done by
a member of a conspiracy, may be established by circumstantial
evidence, whether the identity of the individual who committed the
act be established or not; and also whether the act done was in
pursuance and furtherance of a common design, may be ascertained
from the same class of evidence; and if the jury believe, from the
evidence in this case, beyond a reasonable doubt, that the
defendants or any of them, conspired and agreed together, or with
others, to kill and murder Patrick Henry Cronin, and that in
pursuance and furtherance of that common design and by a member or
members of such conspiracy the said Patrick Henry Cronin was killed
and murder