.

"Again, whether the sheriff or any of his assistants have been guilty of
any of the acts charged against them is not on trial here. They could
all be guilty of all the acts charged and still be the victims of
unjustifiable shooting from that boat, or they could all be innocent of
any offense, and still be the aggressors and cause of that shooting on
the dock wherein Jefferson Beard lost his life.

"One of the questions in this case is the question--Which side was the
aggressor on that occasion?

"In determining who was the aggressor it is your duty to consider all
the facts and circumstances surrounding the situation, the relations of
the parties to each other, their intentions toward each other, and all
the things they did. You will also consider the past conduct of all the
parties, any acts of violence or other assaults that may have been
committed, and any threats that may have been made, and the character
as known and understood by each other.

[Illustration: Victims at Morgue.

John Looney Hugo Gerlot, Felix Baran Abe Rabinowitz]

"Therefore, simplify your deliberations and determine first the
question: Did somebody on the boat unlawfully kill Jefferson Beard? If
somebody on the boat did not kill Beard, then of course Tracy could not
be guilty of aiding John Doe to do something which John Doe did not do.
But if the State has satisfied you beyond a reasonable doubt that Beard
was killed by a shot fired by somebody on the boat, then such killing is
either unlawful, in which case John Doe would be guilty of one of three
degrees of unlawful or felonious homicide, viz., murder in the first
degree, murder in the second degree, or manslaughter; or it is
justifiable in which case John Doe would not be guilty. Hence you will
render one of four verdicts in this case--

1. Guilty of murder in the first degree, or

2. Guilty of murder in the second degree, or

3. Guilty of manslaughter, or

4. Not guilty.

"It is very desirable that you reach a verdict in this case. The law
requires that your conclusion shall be unanimous. It is not required
that any one of you should surrender his individual freedom of
judgement, but it is well that each of you should have in mind that your
true verdict cannot ordinarily be reached except by mutual consideration
and discussion of all the different views that may suggest themselves to
any of your number. The jury room is no place for pride of opinion. A
verdict which is the