The sun. [volume] (New York [N.Y.]) 1833-1916, 1878-02-15
HAYEs'S LOUISIANA BARGAIN
The Law Respecting Tran.action. Such n,
He Avows


he secured. rs he alleges II stipulation that
there should I've no prosecution Tor such for
gerry. Now bargains OF this character and the
acts they contemplate. are criminal offences,
described IA such and punishable as such.
They are ofthree classes:
|. CoMPouNDrSG OF FELoNY.-As, where a
party injured. in consideration Of restitution or
compensation. agrees not to prosecute. A per-
son whose property is stolen. may receive 1t
buck. but If he agrees not 10 prosecute. 1t is an in
dctnblc offence.
"Compounding crime" says Bishop Criminal
Law vol. l.. sec. T1O). is agreeing with one who
has committed an offence not to prosecute him."
" The language Of the books is general that the
taking of money. or any other consideration. to
forbcar or stnc criminal prosecution Of any
sort whether for felony. murder. or. Of course.
treason Is nm indictable offence" tSec. 111.1
III. MIsPRIsIoN OF FELONY Is defined by Bsh-
Cd VOL l.. sec ITO as "a criminal neglect.
either to prevent felony from being committed
or to bring to justice the offender after its COM
mission"
III" says the same writer. he stands by
while it is done without using means in his
power to prevent It. though his will does not
concur in II. or II he knows Of its having been
done in his absence. yet neither makes dis
closures OF 1t to the authorities nor does any
thing to bring the offender to punishment. the
law holds him to be- guilty OF II breach Of duty to
the community and the Government" tSec. 720.l
III. BEING ACCESSORY AFTER THE Fact
An accessory after the fact" says Bishop tsec.
G92l. is n person who. knowing a felony to
have been committed. harbors the felon or
renders him any other assistance to eludo pun
ishment." The true test. whether one Is an
accessory after the fact or not. Is. whether what
he did was by way OF personal help to his prin-
cipal to ehide punishment. the kind Of help being
unimportant." tScc G95)
AN accessory after the fact" says Black
stone. is one who. knowing felony to have
been committed. receives. relieves. comforts or
assists the felon."
Judge Collamer. even In n case OF compound
ing penalty. which has sometimes been con-
sdered too small matter to come under the
rule applicable to larger offences Tx. Vermont.
&C., said:
The compromising Of penalties Is an offence
OF common law. OF dangerous tendency. highly
dcrogatory TO public example. and prosecutions
IRE no more to be improperly suppressed by
public informing officers than by common in
formers"
Chief Justice Parker tXvI Muss.. 93l. in sus-
tanning an indictment against person who had
accepted q note as condition for not prose-
cutting said:
But what Is the gist OF the offence II Is
the concedlDent Of the crime. and the dbsfdining
from prosecution. to the detrimcnt of the public"
In XIII. Wendell 500. where the indictment
was for compromising larceny, and one count
was for agreeing to desst from prosecution.
and another for agreeing to withhold evidence,
the New York Supreme Court refused TO admit
proof Of the acauttal Of the principal and up
held the indictment.
The hooks are full OF similar cases but we
will content ourselves with citing some element
nry authorities on the common law. and the
statutes Of New York. Of the United States and
Of the State OF Louisiana.
COMMON LAW
OF n nature somewhat similar to the two last
offences Is that Of theft-bote. which Is where
the party robbed not only knows the felon. but
also takes has goods again. or other amends upon
agreement not 10 prosecute. This il frequently
called compromising OF felony. and formerly was
held to make man an accessory. but is now
punished only with fine and Imprisonment
Il Hawk. p. c. 1851
This perverson OF justice. in the old Gothic
Constitution. was liable 10 the most severe and
| infamous punishment.
BY the Larceny act ga and IS Wet. q. 90.
:. 1902 II is provided that whatsoever ad-
vertises reward for the return OF prop
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