"We stand in the temple of justice to exercise the law, where all men stand equal. No matter what may have been the deep turpitude of the crime, no matter what may have been the design, though it aim even at the overthrow of the law itself, no man ought to be convicted of the crime charged until proven guilty beyond all reasonable doubt. These men were presumed innocent at the outset until the proof presented by the State established their guilt. The defendants were charged with murder. Murder was defined to be the unlawful killing of a person in the peace of the people. An accessory was he who stands by and aids or abets or advises the deed, or who, not standing by, aids or abets or advises the deed, and such persons are to be considered as principals and punished. Whether the principals are punished or not, they are equally as guilty as the principals. When a number of persons conspire together to do a certain act, and when, in furtherance of this design, some one is killed, all those in the conspiracy are guilty of murder before the fact. The defendant's counsel have told you these men conspired to precipitate the social revolution, and though that conspiracy cost Matthias J. Degan his life, yet you are told these defendants are guilty only of murder. Was Luther Payne or Mrs. Surratt held guilty when in the execution of a conspiracy President Lincoln was killed? Neither Payne nor Surratt committed the deed, yet they were held guilty. There was a conspiracy; it was designed to bring about another revolution. Booth killed President Lincoln, but all who participated in the conspiracy had to forfeit their lives." [Illustration: COUNSEL FOR THE STATE.] "If a body of men, inflamed with resentment, proceed to pull down a building, or to remove an objectionable obstruction and death to some one ensues, each one of these men is individually responsible for the killing. Nobody knew this better than August Spies, the author of the 'Revenge' circular. Suppose that a body of men undertake to pull down a building; there is a common design to demolish that building, and a stone is thrown, not at any individual but at the building, and some one is struck by this stone and killed, all of those engaged in the execution of that common design are responsible for the killing of this one person. When there is an intent grievously to hurt and death is occasioned, then the offense is murder. Was this man [pointing to Fischer] in this conspiracy for murder? This man with his revolver a foot long and his file dagger with a groove? What is this groove for? It is for prussic acid. Was this man in the conspiracy?"