The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-02-07
THE POLITICAL PROSECUTIONS.
THE DEMURRER OvERRULED,
Important Decision I'm the United states
Circuit Court

Important Decision I'm the United states
Circuit Court.
The following very important and Interest,"
ing decision In the political cases was yester-
day rendered by Judge w. b. Woods, OF the
United States Circuit Court:
The United States .vs. j. Carneal Goldman and
others-Before Judges Woods and Billings,
Heard on demurrer to indictment.
sesed wbeS sesn Sso Of
more persons n any State or Territory, con-
sDre ,IG t. prevent by force Intimidation threat
vote from giving, hts support or advo-
caey In 2 legal manner. toward or In
tav9f q narSon sne election 9f any lawfully
dent or Vice President OF the Unitsd States. or
to injure any citizen In person or property ON
such persons shall be punished by fine of not
less than $500 nor more than s5000 or by irnpris-
onment with or without hard labor not less than
six months nor more than six years. or By
both such fine and imprisonment"
The indictment consisted of three. counts.
defendants on October IL. 1875 at the parish of
Tensas, did feloniously conspire together and
with others, to the grand jury unknown. to
Fleming Branch, Daniel Canada. Wfllie SIN
gleton. and others, whose names are to the
grand jurors unknown. from then and there giv-
Ing their support and advocacy In q legal man.
ner towards and In favor OF the election of one
j. w Fairfax, q lawfully qualified person, as a
H61nD0F Oh Inc congress oil the United states
from the Filth Congressional District Of the
State OF Louisiana. they the said Fleming
Branch. Daniel Canada. Willie Singleton, and
others Aforesaid each and every one OF them,
then and there being citizens Of the United
States and Of the said State of Louisiana. duly
Iaw ef Louisiana and lawfully entitled to " vote. S
That for the, purpose Of effscting the object Of
the said conspiracy by force. intimidation and
others named there did on the said twelfth day
OF October. A. ID; 1873. at and In tho said parish
Of Tensas and State Of Louisiana assault and
shoot and inflict great bodily injury upon the
said Fleming Branch Daniel Canada. Willie
Singleton and others. as aforesaid. and upon
each and every one OF them. contrary to the
The second count alleged that the defendants
and others did feloniousy conspire at the same
prevent by force, Intimidation and threats cer-
tain citizens OF the United States and OF the said
State OF Louisiana. residing In the parish of
Tensas, In said state. and In the Fifth Congress
sional District thereof, to Wit Fleming Branch.
Daniel Canada. Willie Singleton and others.
from giving their support tar and p advocacy imI in
legal manner. to wit: BY convoking and holding
public meetings; by the delivery OF public ad-
and societies. and By other similar and lawful
means towards and In favor OF the election al q
r he o T " the on oe 5oe
November then next ensuing. to be held under
the laws OF the State OF Louisiana In the said
parish Of Tensas and at which said, election
| member Of the Congress of the United States
| for tho said Fifth Congressional District OF the
state OF Louisiana was to be voted for and
elected, OF one j. W. Fairfax, a person then and
oonsress he Gned States as for he ssd Fl @
smns BrsnaS 3 bans oansda eE kEe he
Singleton and others aforesaid and each and
every OF them then and there being lawfully
about to be held as aforesaid" The second
count AYERS the overt acts of the defendants In
carrying out said alleged conspiracy In the
same words substantially as the first and con-
eiudes contrary to the form of the statute" etc.
The third count charged that the, de-
lendants @ did fsloniously a conspire among them
Fleming Branch. Daniel Canada. Willie Sim
geton and others. to the grand jurors un-
said parish of Tensas and State Of Louisiana.
and legally qualified voters. In their person and
sV en- e aaa p e and
ton and others aforesaid then and there given
In q legal manner. to w.t. by convoktng and
public addresses, and By Tie @ opganizstiogn ilssitg o
political clubs and BY other similar and lawful
means towards and In favor Of the election Of ?
lawfully qualified person. to wit: one J. w.
Fairfax, as a member of the Congress of the
United States for the Fifth Congressional Dis
election to be held. to wit, on the frst Tuesday
after the first Monday in November, A. d. 1915.
accordinR to the laws OF the State OF Louisiana.
etc. This count then alleges the overt acts COM
mitted by the defendants In carrying out said
conspiracy in substantially the same terms as
|
contrary to the form OF the statutes" etc.
The defendants filed demurrsrs to each OF the
| three counts On substantially the same grounds
The grornds pressed upon the attention Of
j. That the counts were defective In not speci-
Tying the time place and circumstances OF the
acts Of advocacy and support of the election of
Branch and others.
q. It was objected that in the execution of the
conspiracy 1t is alleged that the conspirators
shot the parties against whom the conspiracy
was formed, and therefore the allegations as to
the overt acts show merger Of the lesser crime
| In the greater, and thus the indictment on It's
face shows want of jurisdiction In this court
| g.. II was objected that the act OF Congress on
Whlen the Indictment Is based 1s unconstitu-
ttonal..
Mr.; A; II. Leonard. United States Attorney. for
the United States; Messrs, T, J: Bemmes. W. r.
Mellen and julius Aroni for defendants.
| WOODS. CIRCUIT JUDGE.
We shall notice the objections to the indct-
ment In the order above stated
| /. With respect TO the statement OF the charge
in an Indictment for conspiracy 1t may be OBJ
served that though it Is usual to state the con-
sptracV. and then show that in pursuance of it
certain overt acts were done. it is sufficient TO
sary to state the means by which the object was
70 oe effected as the conspiracy may be complete
before the means to be used are taken INTO con- con-
slderatlon. Rex ys. Best, Id haym. 5alE
17I; 8 Chit Grim. Law 1143.
This Is the rule at common law when the con-
sDiracy Is to commit some offense known to the
law. IL is only when the conspiracy Is 70 COM
NIT some act not an offense that the Indictment
must show some Illegal ACT done in pursuance
OF the conspiracy Rex vs.. Seward. A. y q. 7o6.
Thus, where an indictment charged that the
defendants conspired together by indirect
means to prevent one H B from exercising
It should have stated the fact on which the con-
spiraey was founded The the means e used for the
Conspiracy is stated and its object; 1t is not nee
sary that any means should be- stated" And
Butler j., said: II there be any objection. ii ia
that the Indictment states too mucn; it would
have been good. certainly. II h had not added
'by indirect means" and that will not make IL
bad. Note TO Rex vs.. Turner. 10 East $50.
When the indictment charged that the defend
subtle means Iaead and devices to obtain from
defraud him thereof. 1t was holden that. fha
gt gist OF the ofienss being the conspiracy. il was
and not necessary to set ont the peciflc pre.
lenses. Bailey. j.. said: When the parties had
once agreed 10 cheat particular person of hfs
M neys. although they might not then have
nxeo on any means for that purpose. the offense
OF consDfracy was complete." Rex vs.. Gill, q B.
and 204 the st tte vs.. Bartlett, 80 Maine 100