The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1865-09-25
SPIRITU
END OF THE COLCHESTER CASE.
a --~>~.~~~~~~~o~~~~--~
THE VERDICT OF THE JURY SUSTAINED.
Colchester Sentenced to Pay Fine Of
Forty Dollars and Costs.
ABLE RULING OF JUDGE HALL.
---,-~s~~~~>~,~~~~~~o~
The License Tax Declared to b.
Constitutional.
The Tax Not Levied on q Re.
ligious Belief.
-. ,.-'-->''--'.---'. , ~ .,,ss
Why Did Not Colchester Enrich Himsel
Through His Pretended Power!
He Ought to Have Disco vered 'ah,
Assassins of President lincoln.
&c. &c. u.
The License Tax Declared to be
Constitutional.
The Tax Not Levied on a Re-
ligious Belief. n
Why Did Not Colchester Enrich Himself
Through His Pretended PowsrIs
He Ought to Have Disco vered the
Assassins of President lincoln.
10. Ae. IA.


Assassins of President lincoln.
40. &c. Sa ~.
District Court OF the I'M tied sts4cs 10,
the Northern District II New York.
Before Hon Judge Hail. M sr,
sxrr 2l-The United States Of. America vepsss Charlie
C5hhster-Mr Dart Attorn' " for the United States
g. d. Hbbard and Josiah Cook or defendant
The defendant tried al le present scrm upon an
Indictment founded upon tho provisions OF the seventy
fst seventy third and enty ninth sections of the
Internal Revenue act apprc we'd June 80 1865 These
provisieos foowss- AZ N',tate Its
snc And be turtle enacted Tsss person Arm
trade su sim,
@
he
siss reqnssa BY This act taking such
as on ss sns she e IS
the tax subject u sor exceeding
sf Ss s s
s @ aS WA:
sEc 10 ..,,.... :.,. T"',sy.nsne Jusslsrs
perof$. regarded jasslsP
or shows for not hs see
lion far each sa,s ten dollars. .
billions 10 another State And but license shall Be
as under this act TO within any one
THE INDICTMENT.
The Indictment framed under these provisions, alleged
that the defendant, at Rochester in the county of
Monroe, in the said Northern district Of New York,
~'n , rs das N n OF TINS court
WY III .uo L'ss uay VI 10y, IN tne year q our Lord
Sne .nousanu eign. hunared ana SIXTY .hye ana on
ing Of this Indictment did Knowingly ieloniousy and
unlawfully. exercise and carry on the trade business
and profession of tucyler: and did then and there
publicly and for fee and reward perform bv sleivbt
OF hand for the exercising and carrying on Of which
trade, business and ocsapa.iOn hcens, then
Q WI fhnut hautn tokA nns,t aud
without having license therefor according to the pro-
visions Of the act Of Congress Of the United States
government pay interest on the public debt and for
other purposes approved June 80 1855 and the amend
the Of the said usa sae sna b snr
The jury having returned verdict Of guilty. the de-
fcndanls counsel moved in arrest OF iudrment and for
new trial - = -sSY'ss
ruv ,.or,ov mo-, .,.sr -, ,,,uo,.r
- nns ao ~ .v Fon AhhHsT Or JUD0nkNT.
M ,, ~ 'e , ano',om IA a,aes' OF ocgment inc
G,c,%en' bad that !; should have alleged that the
~s ~ s'oisms VI manu- anu SHOULD
IDENTIFY the nacwar osncs =
Th, ,h, se ~ s o r s oecond-
is ~. P Ps v -" ~ .v my, WHICH impos
" an rev 70 @ m .na1 ~. Is nener TAX
S;r.c fppI,,s ~ u ~. - sne,l ~ -
Thet ,ha S a. ~ = y. ulon snc pcIson tnnu.
tnncssS ~, % % s W s ,a % '~ US
imposes go % up'n'"ny 'or'" VI rens'ous oc'iet
tl REPLY OF DEFENDANTS COUNSEL.
In support OF the motion for new trial IL was in
sisted that the defendants performances were not
pubc that he did perform by sleght oflhand within
the meaning OF the act OF Congress- on which the ind Ct
ment based FrstIn support Of the first point II was
urged in substance that the Indictment should have al
segoa .nss .ne oeendsnt carried on the business OF
sse. ~ p1 , Vt ~ slesht ., h1na ana should
;rgosrv rs,d o peouo s =, s,s sn =, nano OF Oh
''sseiy ienoo upon Us constituting inc onence.
STATEMENT OF SPECIFIC ACTS NOT NEEDED.
10 clear tn Abe specific of sIeight hand or OF
juggery need not be set forth The offence CHARGED d
the carrying of the business Of juggier without
license &c; and most certainly the peader not
bound 70 state the specific acts which, their coniinu-
constituted carving ~
business any more than would be required the
ssaa ,,.Irs ,a house IN an n =. unJer
or sailor from hss auav 4, ~ srrSo,.s e'u ~
charoa an ersacavor Sc yy,,ho,, sr c,ss,r.' ~.
means employed fIsex va Fulton 1 hnse and
Pull 1901 In an Indictment for resisting n pubse
escse on oece In which he was engaged ~ me r.,c
lar acts or crcam stances OF the rcsisance Tnited
States va Bachelor aIlison Is In an Indictment for
IN aempt TO commit crime the particular form OF the
attempt need NOT DE alleged The People va Bush
~Hrl f33) In an Indictment for selling Iouors without
sons 70 whom he sale was made THE Pconlc p va
Adams II Wendell 675) So in an Indictment for fitting
out vessel for slave trade II Is not necessary TO
specify the particulars the fitting out II IL sucent
allese offence in the words Of the statute UNITED
States Gooding ~ Wheaton l7a) And in the Circuit
number OF convictions have been had upon indictments
for enting soldiers the military service Of the United
States TO desert which did not specify the means or
inducements used for that purpose All these details
are matters Of evidence and need not be pleaded (ee
forms Of Lndctmenis chitty's Grim Law. i0l, i02
see also forms Of indictment under State laws ibid 4ee
oH1J
THE ALLEoArros SAID ro mn rxsrrr,c,rrr
.vs,v.d r,o, dircctiv and d's,,nc,, ~, 49,, oua nsve
performed the iurgery charred bv SLEIGH, ~ Ssna ma
s sna Inc & ssga aa are ,ns a ara was
publicly and for fee and reward perform by segbt Of
hand, had beer omitted ihe Indictment would have
Tim would also have been baS ana tbat The tro ao.