Workmen's advocate. (New Haven, Conn.) 1883-1891, 1886-10-03


Judgment, a definite and precise mean
my, So that it can he said necessarily to
include an illegal act, or the threat to do
an illegal act, and therefore | think it
correct statement Of the law, if there is
any law involved in it, To say that a
threat to boycott person is not neCeSsa-
rily a threat t" 40 an Illegal act. We Lad
no evl lence in the case AS to what the
term boycott meant, 1t has been in Use
but short time, a few years only, and
certainly, as | understand il, the acts
done i'll pursuance of Il boycott differ,
and differ most essentially, in different
parts of the civilized world, and in differ
ent parts of this country; SO that instead
of attempting to fix amy definite mean
ing to the term boycott, think it is your
duty, in this case, to look to the precise
things and acts that were done by these
Individuals, or We're threatened to be
done by these individuals, in order to
determine whether they were legal or
illegal, instead of inferring that a legal or
Illegal act was intended to he accom-
plished when the term boycott was
used
The State has handed up SERIES of
requests. am requested to say:
tt.f. ! 4 T..
punishable rs such, when two or more
persons combine and agree together by
concerted action, to unlawfulN inmre
another i'll hls person, property or bust
ness. Such combination or agreement
rs in law denominated Il conspiracy"
While that is perhaps well enough as IL
definition, yet have given You what
| believe to be proper definition, So will
not charge that
Sccond: "rhe unlawful injury intended
to be done need not he ANY injury which
if done would subject the perpetrators to
IA criminal prosecution. 1t is sufficient
if the injury intended be SO unlawful as
to amount to Il civil injury or to be
wholly unjuStitiable.
1t is not necessary in order to consti-
tute criminal conspiracy that the pur-
pose of the conspiracy should be nccrs-
sariy criminal. Under some circum-
stances, if the object and purpose of the
conspiracy be Unlawful, the conspiracy
may be an indictable conspiracy. The
State claims in this case that a combina-
| ton and agreement existed between the
accused and others to intlict and cause
two separate injuries; one to The Car
rington Publishing Company, and the
other to the several employees of the said
company in depriving them of their EN-
pIoyment, which they were then peace
ably enjoying This request is given.
1hird: "lf the jury find that the ac-
CuSed, or any two Of them, or any one of
| them with others, combined and agreed
to do or cause to be DONE a set of acts
for the distinct and direct purpose of les
SEEMING and injuring the business and of
causing loss to said company, the injury
|
aCy.
do not think that is an accurate state
of the law. 1t depends very largely up
on the intent of the conspiracy, and upon
the intent of the act The mere COmbin
alton of persons to lessen and injurc the
business of a corporation is not mercCes-
sariIy criminal, for if it were no compc-
titon would be possible. If it were, no
two persons could combine together and
set up rival establishment. To ascer-
tain the criminalty Of the acts said to be
done by these persons, in this behalf, we
ought to 90 further and revert to the
distinctions that have already stated to
you in reference to the purpose of the
conspiracy, and to the acts therein to be
done in pursuance of it.
FOmth: Said Darlington Publishing
Company had a legal right to refuse to
make its office II Union office, and to re
fuse to discharge its employees That is
undoubtedly so. And combination
and agreement to injure or destroy the
business Of said company because of such
refusal is criminal conspiracy.
That, again. depends upon circum-
stances. IF it is done wantonlv, if this
conspiracy is entered into with the ma
licious purpose of injuring and destroy
ing the business of The Darlington Pub
fishing Company, as for instance, by way
of revenge for some real or fancied
wrong DONE or for any other purpose
that is Illegal in its nature, then it may
amount to "A criminal conspiracy. But a