defendant, O'Sullivan, was deliberately and willfully intended by
him to assist in the perpetration of the crime of murder, or that
he knowingly and corruptly consented to the use of said contract in
accomplishing the alleged murder of the deceased.

"In considering the circumstance of the contract made between
Patrick O'Sullivan and Dr. Cronin, you are not permitted by the law
to take into account or draw any inference from the fact that the
witnesses McGarry, Capt. Schaack, Mrs. T. T. Conklin, and others
testified that they expressed the opinion to Patrick O'Sullivan in
conversing with him that the said contract was unbusiness-like,
unusual, strange, and suspicious; such opinions furnish you no
warrant for concluding that the object and purpose of Patrick
O'Sullivan in making the contract was illegal or criminal.

"While it is necessary, in order to establish a conspiracy, to
prove a combination of two or more persons by concerted action to
accomplish the criminal or unlawful purpose alleged in the
indictment, yet it is not necessary to prove that the parties ever
came together and entered into any formal agreement or arrangement
between themselves to effect such a purpose; the combination, or
common design or object may be regarded as proved, if the jury
believe from the evidence, beyond a reasonable doubt, that the
parties were knowingly willfully, and actually pursuing in concert
the unlawful object stated in the indictment, whether acting
separately or together, by common or different means; providing
they were leading intentionally to the same unlawful result.

"The evidence in proof of a conspiracy will generally, in the
nature of the case, be circumstantial. Though a common design is
the nature of the charge, it is not necessary to prove that the
defendants came together, and actually agreed in terms to have that
design and to pursue it by common means. If it be proved to the
satisfaction of the jury beyond a reasonable doubt that the
defendants knowingly and intentionally pursued by their acts the
same object, one pursuing one part, and another another part of the
same, so as to complete it with a view to the attainment of the
same object, the jury will be justified in the conclusion that they
are engaged in a conspiracy to effect tha