Page:Federal Reporter, 1st Series, Volume 5.djvu/715

 THE MtJSSEL SLOUGH CASE. 703 �cated; whether they did or not is a question for you todeter-' mtiiië. But yon àreto take ail of the testimony, and make up your condusioiis — First,aii these parties, or any of them, conspire, and do some act to carry ont fhat conspiracy? If they ttid, ;f odtvili find them gailty of that ch&rge.' Second, did they actually iesist in the m&nner which I have pointed ont and deûned? If they did, you must find them guilty of that charge. ,' * : • �Now, gentlemen, if yoil'find, in yoiir judgment, beyond à- reasonable doubt, that these parties, or any of them, are guilty j and fail to give effect to thàt indgment by a propei' verdict, you' Wiilprove recreant to yourdaties ascitizens, aJl& violàtë your oaths as jurors. If, on the côntrary, you have a reasonaible doubt in the matter, you are equally bound to acquit the parties. But, gentlemen, a reàsoûable doubt is not'an'arbitrary doubt; it is not one yoii may coûjure up at \pill. It must be a doubt which really arises out of the evi-^ dence— which is suggested by the evidence, and which really rests in good faith in your minds as à matter of doubt, You will look-at this matter as you would if you were investigating it with a desire to ascertain the exact truth in a matter of great côûseqnence to your own interest, and if, upon the whole, your minds rest satisfied of the guilt of these parties, you must find them guilty; otherwise, not guilty. �Gentlemen, in these several aspects you will be called upon to consider this case. I will now instruct you as to the forin of the ■Verdict]' There are several defendants here. You wiU look upon their cases in their different lights, and hence it is necessary for you to understand the f orm of the verdict which you should render according to the f acts which you may find. I have prepared forms here suggesting several categories which you can consider, and adopt such form as you find in accordance with those categories. �The firat form is in case the jury find against the defend- ants on both charges. In case the jury find against the de- fendants on both charges, the form of your verdict will be as foUows : �"We, the jury, find the defendants, Doyle, Patterson, Pur- ����