. The Navassa island riot .. . the murder. If you find from the evidence that any of the seventeendefendants charged in the second count as accessories who werenot present assisting, did, before the killing, maliciously counsel,incite and abet Key to murder Mahon, then you may find themguilty under the second count. In determining whether thedefendants, or any of them, have been proven guilty under thiscount, you may consider the nature and purpose of any enter-prise in which you may find any of the defendants engaged onthe day of the murder, or before that day, and what was said 13 and done b
. The Navassa island riot .. . the murder. If you find from the evidence that any of the seventeendefendants charged in the second count as accessories who werenot present assisting, did, before the killing, maliciously counsel,incite and abet Key to murder Mahon, then you may find themguilty under the second count. In determining whether thedefendants, or any of them, have been proven guilty under thiscount, you may consider the nature and purpose of any enter-prise in which you may find any of the defendants engaged onthe day of the murder, or before that day, and what was said 13 and done by those engaged in it, to the knowledge of the defend-ants in respect to taking the life of Mahon. And if you findthat any of them took part in a combination or riot, or tumult,in which the killing of Mahon was incited or instigated, or thatany of them took part in an attack upon the officers of such adesperate character that in the ordinary course of things it mustincite some of those engaged in it to murder, and that it did. HENRY JONES. incite Key to murder Mahon, then these are facts from which, ifyou find the other facts charged in the second count, you mayfind such of the defendants guilty under the second count. Under the law of the United States any defendant may befound guilty of any offense, the commission of which is neces-sarily included in that with which he is charged. The crime always necessarily included in the charge ofmurder, and you are instructed that under the first count of thisindictment as to any of the defendants whom you find wereeither actually or constructively present assisting in the inten-tional killing of Mahon, but as to whom the evidence does not 14 convince you beyond a reasonable doubt that they acted withmalice aforethought, then as to such defendants you may find averdict of not guilty of murder, but guilty of under the second count, you must bear in mind that if yoiifind Key not guilty of murder, but guil
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Keywords: ., bookcentury1800, bookdecade1880, booksubjecttrials, bookyear1889
