conspiracy is the
same for a small offense as it is for a great offense. The evidence
of conspiracy to obtain dollars and cents from you or me or any one
else must be just as strong, although it only takes two hours to
try the case, as if you are trying men for murder. What I am trying
to have you understand is this: that because it has been so long
and has grown so large, you must not think that it requires more
evidence on that account. If the evidence convinces you of the
guilt of these men, then it matters not whether there are five men
or ten men on trial or only one man. The evidence necessary to
convince you beyond a doubt of the guilt of the men on trial should
be just as strong as if there were twenty men on trial. The law is
always just. It is made to protect the innocent as well as punish
the guilty.

"After you have heard the arguments from counsel on both sides,
having heard the evidence and instructions of the Court, you will
go into your room and make up your verdict and bear in mind that
the law itself is just; if the law compels you to inflict a penalty
here that you do not like to inflict, remember that you are not to
blame and the law is not to blame; it is the men who have violated
the law. What I say to you in this case is from a feeling that we
wish to get at the truth; what I say will be said with a view of
getting at a truthful verdict and nothing else. I have no feeling
against these men on trial personally. Why should I stand up here
and ask you to convict Martin Burke, Daniel Coughlin, Patrick
O'Sullivan, John F. Beggs and John Kunze unless I believe the
evidence justified me in asking you to do it? If I should at this
moment ask you twelve men to convict them upon anything else but
the evidence, I would not be fit to fill the position that I now
occupy. We do not desire that these men shall be 'guessed' guilty.
We do not desire that they shall be convicted upon doubtful
evidence. We do not desire that they shall be convicted upon
anything except the law and the evidence in the case; but if you do
believe that that law and that evidence satisfies your mind of
their guilt, then we do demand at your hands that your verdict
shall be in accordance with the law and the evidence, and nothing
short of a truthful verdict un