result of real harmony, or that growing out of
open-minded discussion between jurors, and a willingness to be
convinced, with a proper regard for the opinions of others, and with a
reasonable distrust of individual views not shared by their fellows, is
a fair yielding of one reason to a stronger one; such, having in mind
the great desirability of unanimity, is not open to criticism. The law
contemplates that jurors shall, by their discussions, harmonize their
views if possible, but not that they shall compromise and yield for the
mere purpose of agreement. One should not surrender his conscientious
convictions.

"And now, ladies and gentlemen of the jury, I commit the case to your
hands. Listen to the arguments. Regardless of what may be counsel's
recollection of testimony, you must take and follow your own
recollection. You are not required to adopt any view which counsel may
suggest in argument, but you should give close attention to all they
say. Take up your task fearlessly, with but one single aim--to discharge
the obligations of your oaths. You have no class to satisfy--simply the
dictates of your own conscience."

Taken as a whole the instructions were distinctly unfavorable to the
defendant, not because of any particular bias of the judge whose
political ambitions might have made him desirous of establishing a
record for fairness, but by reason of the fact that the law itself on
the question of criminal conspiracy is archaic and absurd, being based
upon precedents established when the use of electricity and steam power
were unknown, when the stage coach was the fastest means of locomotion
and the tallow dip the principal form of illumination. This law, like
all other statute law, was created thru the desire of the ruling class
to protect property, therefore it contained no element of justice when
applied to the modern proletariat, the twentieth century worker stripped
of everything but his power to labor.

Following the reading of the court's instructions prosecutor Black made
his argument, Vanderveer and Moore for the defense addressing the jury
in turn, and Cooley making the concluding plea for the state. This
arrangement gave Veitch no chance to turn loose his oratorical
fireworks, much to the chagrin of the gentleman who had been so kindly
loaned to the prosecution by the Merchants' and Manufacturers'
Association.

Black's lengthy address was a whine for pity because of his youth and a
prayer for relief