Clipped From The Courier-Journal
. Fifth If the Jury believe from tne evi dence beyond reasonable doubt that there waa In existence in: tha county of Frank lin, and Btate of Kentucky, a conspiracy to kill and .murder .William, Goebel,. aa set forth in tha indictment, and that the defendant; Caleb Powers,' was a party to said conspiracy, and thatJWUllan Goebel wa killed by one of the persona named In tha Indictment, to-wlt: to-wlt: to-wlt: W. H. Culton, F. W. Golden, . Green Golden, John L. Powera, John Davis, Charles Finley, W. g, Taylor, Henry Youtsey, James How ard. Berry Howard. Harlam Whi taker. Richard Combs, or by any person or persons persons unknown, acting with tha defendant and in the manner aa aet forth tn the indictment, and the shot waa fired which brought about bla death in furtherance of such conspiracy, all persons who were members of such oonsptracy at the time were. ruiUy of murder; and If the Jury further believe from tha evidence beyond a reasonable doubt that' tha defendant. Caleb Powers, wsa a member of such conspiracy conspiracy at tha time, they ought to find him guilty, although the Jury may believe believe from the evidence that at the time of tha shooting, wounding and killing ot William Goebel tha sett Powera waa not present and the time of the killing ot said Goebel had not been definitely fixed and agreed upon by tha conspirators, it there waa a conspiracy to kill said Goe bel. . , - .- .- eve bout Act and Dsclaratlona.