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convince you beyond a reasonable doubt that they acted with malice aforethought, then as to such defendants you may find a verdict of not guilty of murder, but guilty of manslaughter. But under the second count, you must bear in mind that if you find Key not guilty of murder, but guilty of manslaughter, you cannot find any of the other defendants guilty at all under the. second count, because accessories who are not either actually or
CÆSAR FISHER.
constructively present cannot be found guilty of aiding and abetting a manslaughter. The guilt or innocence of any party charged here is not to be determined by mere preponderance of testimony, but the jury must be satisfied of the truth of every fact necessary to constitute the crime of which they find him or them guilty beyond a reasonable doubt."
Fifty additional jurors were drawn for the United States District Court from which to select a jury for the trial of the Navassa rioters. Their names are as follows: T. D. Tormey, Charles Hope, John E. Swift, Joseph F. Snyder, Jacob Mitnick, John H. Smith, Wm. M. Sindall, J. William S. Jordon, Nathan
