National Republican., 1881-11-05

spracy rs being not what Is now termed conspir- |
gisSs ghsps 'SS Quoted Sd'0y Ia deta sRt Lord coGSs
the S case Of ssyill vs. Roberts, u Modern Reports
2Os, reported also in Raymonds Reports. y was |
held that felonous judgment dd not aitaeh 70 . |
conspiracy unless It was conspiracy 70 indict for
felony And refer also to the decision OF Lord |
Holt, c. j., in that case.
Conspiracy properly socaed& IA does c, not lie unless
and no villanous Judgment shall be given but where
was " .hSe s aW dSns
and punishable at the suit ofthe King.
There was published, Your Honor in London In |
1873 q little treatise by Mr. Wright entitled the
Law of Criminal Conspiracies aud Agreements |
In which the whole doctrine Of criminal conspira-
cies was gone into with thoroughness aud with |
detail Of historical accuracy such as has rarely
been bestowed upon any subject Of the law, GER
ttainly never upon any question like THIS. Mr:
authorities In England from the thirteenth CEN
iury down. and examined the whole, and he sums
itup In this way:
first Of these periods from 1900 70 is0O any other
e o on H 0T bS was
and finally" defined IN A.. ID. 1906 by The Ordinance
federacy Or ssncS Tor 1 The false and malicious pro.
motion OF indictments aud peas. or for embra.
Of lSzabeth. various statutes were directed AGAINST
breaches Of the peace Sganst combinations by mer
to raise prices and by laborerso raise wages
the writer's reports, or abrdgements Of the period
before the century Of any Kind ofSSn
| spracy as defined by the ordinance ofis6.
The Statute OF 80 Edward l., A. D. 1901, Is fol-
| lows:
Conspirators be they that do coneder or bind them
eSe w c G n bear Sr e Gse Other cy i
maliciousy 20 ndite or cause to ndlte or falsely 70
/ dren under to appeal men of felNny. whereby
they Imprisoned aud sor.yuerod; and such rs re-
maintain their malicious enterprises.
Aud Mr. Wright states that no question of con.
spiracy can be found down 20 the year lC1O except
| on aud shows that 1t was subsequently decided In
the famous Poulterers' case that although the
tenance some suit had been actually
maintained, or in case OF conspiracy for false
whom tho conspiracy was directed had been
actually indicted and acquitted yet the agree
ment for such conspiracy was indctablc
criminal intent manifested by an act done in
lurtherance Off, viz: by the agreement
But merely call attention to that as show.
ing that conspiracy was held down to that time
us exclusively conspiracy for matter relating to
the administration OF Justice, and as bearing out
entirely the doctrine laid dow, in Greenleaf and
| In Watts aud Ser. Mr.. Wright gives very
Learned note OH OH % the subject which 40 not care
bearing out the same thing. He then quotes a
little curious case:
Even the civil writ Of conspiracy seems not to
have been extended until the seventeenth century to
any matters beyond The pnryissw orthe u Edw In
centuries OF It's application to the making use Of
false evidences, which may be traced to the statute
earlier times, lses e. e. in 1914 Year Book 55 sdw.
Ill, y. !3bl. Writ OF conspiracy for ,conspirng to
lease. Therp, j., said; "And do You think you nave
%Tt Of GoS Pracy on ground Of"n evidences You
The fnct is. Your Honor, that the statute of con.
| spiracy was intended to remedy the evils which
had grown up in view of the common law pruc.
lice In a majority OF cases with the origin Of grand
iuTles and the right 10 indct persons on substan.
TALLY common lame, certninly upon what grand
| juries themselves had heard. and because IL up.
! | peared that II had become practice 10 circulate
, reports aud TO accom- psh the matter In that way
o s M w Wypb wbeS VIII ui ony feud
| passage from.
; The word " conspiracy" was, from, an early date
motion Of indictments for felony. and It was not com
peie nnles by the procurement OF the consprators
dcted was tried and acquitted Accordi1ly, conspr
Is 6 GsS by 9ss q n a @ more a 10
ndct innocent falsely and mallcously OF felony
penIed AMI asrward the party Is lawfully acqutet
, | by The verdict of twelve men.
\ That is Cokes definition OF conspiracy and show
Q what Coke meant in his Language, which was re
Q lied upon yesterday. aud Is quoted In the text
{ books when he includes conspiracy in hi
!. aud shows also very clearly that h
. did not embrace conspiracy. such as W
nsre a h as Ts kS% nI%
N that thereis not anywhere any decision that con
,s spiracy to defraud Is an infamous crime or wa
u | ever held to be an infamous crime, and that tn
q only passages In the text books some Of them pos
~ sby seeming to bear that ont-and yet whc
s You refer to the authSrtes which they cite 70
d taking note of Coke's own defnItio
q This, may may it please Your Honor, is perhaps Ii
y, ~, time where l may suggest a consideration whc
I'd applies not only here, but which applies TO nre
ar made yesterday, aud that Is that Your Hone
1g should not, even II you should not be clear thi
Of famous crime-if You should regard
"a MS a doubtful qucstion-Your Honor shou'
y, N. not upon this motion, somewhat informs
pr in its character certainly without the strctne
he of criminal pleadings which would come und
n. other circamStances), decide that question q.
IN. yersely to the Government, but should allow Il
Sh case to proceed. You should not do this al
nd more than Your Honor should decide adverse
it the novel question these gentlemen raised yese
an day, that Il conspiracy TO deiraud must be
nj conspiracy 10 commit crime, which, committ'
ir by one man. would have been itself statute
ne crime against the United States. That is adm
,cs tehly new point, aud apprehend that lo
VA Honor would not, upon this notion, whaiey
10 might be the inclination ot your mlhd, decide ~
he question and turn the Government Out OF court.
III Nufdo think you would turn the Govcrnme
ms ont of court by amy correct ADMINISTRATION OF ~
he as to section 13 Revised Statutes hc saving secti
rat which declares that repeating clause shall
~ affect penalties that may nave been incurred
ci, fore the passage of tho nct, as TO whott
~ ~ that only applies TO save prosecutions commenc
rgs at the time of the repeal, and does not apply
ese penalties incurred before but for which no pro
OF cutiun had been commenced.
'ly The question whether conspiracy Is m intnmf
III crime; the question whether section oilO ihal
I'VE fers to conspiracy to deltaud applies t. any bu
II crime committed by an indiyldual aud whetl
In section Is saves this proecntlOn-all OF those
n. questions which should be decided In q ni
ner formal manner and under more strict rules
lot criminal piendings and practice than IL Y pOss
non TO apply here. And therefore while, undoub,od
A." II Your Honor's mind Is clear upon amy one
In the. points against the Government, you proba
e Is would feel bound SO 70 decide 1t. lsubmit u
lu- II there is any doubt In Your lionors mind mp
Tics this motion 1t should he decided, but d
it, the case should he permitted to proceed: / mn
thnt suggestion. Your Honor, not that have
., be can have any doubt in my own mind M To vi
less your Judgment must be, butsinply for tho purn
Dfa ofsuggesting to You the views which we entort
the as to what should be tho course pursued IN O
ldg- have endeavored, Your Honor so Ear to ma
nrn tain the position that niornations can be filed
M all crimes not infamous and the further pOst
Wv that the crime charged IN this information Is
an Infamous crime. II | have succeeded In est
-, lishiug these positions we nrc brought next TO
Dri- question whether, having right TO file nm int
ect matlon for this crime our procedure In the mi
md Of doing II that has seeh pursued y corr
we were told that we had not cOniormed
be the requirements laid down in tho common
hge upon the subject; that we were bound 10 CO
SUI. SUI. here with clean hands, aud we were very dir
y ~ that wo were bound TO come here promptly,
q, q we had come here late; and there were vari
10 other reasons given why Your Honor should y
s US out OF court AS to this question OF procedI
ons l have already called your Horors attention
on one filed bv the Attorney General of his q
vas, mntIon or odicin and one by the crown prose
ling lar ON the relation of some other person niic
vent by the alleged crime.
The filing of an information by the Attorn
General was matter of absolute right, No
IN N ton to nor leave fthe Court was necessary.
nvn on Information says Up. y:
chs An Information for an Ohen5e IS surmt3e or