Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1886-09-29
THE BOYCOTTERS.
GRAND JURY OF TEE HusTrEes COURT
IEDICT EIGHT PERSONS.
"The Labor. Herald People and the Ty-
biographical Committee the
Parties Defendant

Parties Ueiendant.
The grand jury Of the Hastings Court
met again yesterday morning, and be-
fore being sent to their room were ad-
dressed by his Honor Judge Thomas ).
Atkins as follows:
Gentlemen OF the Grand Jury,-Csrtain
Witnesses VIII appear before you 10 tes.ily
IN regard 10 the bOycotting or nuApef o.
our citizens, and ! think 10 proper that
should give you some Instructions upon the
law Of conspiracy, under which sneh o.,
fences are punishable. ! shall not reyieF
pt length the yariOus and somewhat con-
fiiciing dec.siors 20 he found IN tne law.
books upon this subject, but simply give
you " bat appears TO be the law as laid down
by the best feXt-wrlters on criminal law
and leave all gal questions that may arise
upon the trial OF the case 70 be decided A.
that time II you shonld find au Indictment.
As ] stated 10 you on the first day OF
this term, pffsentments or indictments
are mere aecusauons OF one or more
PERSONS OF crime. and that while you
should be convinced before finding an In
dictmcnt that the party accused rs guilty.
Yet ~ you are IN doubt whether one who -
morally guilty Is legally so, you should nnd
The bill and leave the questions OF law 20
the Court. ] desiie 10 impress this par
ucu!arly upon your minds at this time.
becatse The dOciTile OF conspiracy Is
exceedingly complicated and involved
IN much doubt Chitty SAYS: There
ans perheYE 1sfex1= things LETT so dOuOs-
fufin The criminal law as the point at which
q con b!DgIion Of several persons in com
mon object becomes Illegal. CAriain IL ~
that there are many cases In which the ACT
iisei won 4 not be cOgnizable by law u
done by q single person, which becomes the
subject of Indictment when effected by
several with = joint cetign. and there are
other casss in which, though the acV may
be morally criminal, IL Is not illegal except
on the ground OF conspiracy. Tue in
divldual cases decided depend I'm general
on particular circumstances, aud are not 10
he extended"
A consplrscy, gentlemen, has been de-
nr6d TO be the corrupt agreeing together OF
two OF more persons 10 DO, by concerted ac-
lion. something unlawful, either a. a means
or an end. by corrupt in this definition
IL meant an evil purpose, but not neces-
Farily al intent 70 do hat. II accomplished
10y one alone. would be indictao.e. Unlaw-
ful In This connection signifies contrary TO
law, aDd many things are contrary 10 law
while not subifctiug the doer 10 criminal
Prosecution. II u not necessary, therefore,
in oI6er 10 constitute q conspiracy that the
acts agreed 10 be done should bs acts
which, II done, would be criminal u Is
enough II the acts agreed 10 no done. al
though not criminal are wfODgful-tnat is.
amount 10 civil wrong
There are many CirCu instances In when
combinations OF persons for Tie promotion
Of evil porfend n danger end cali for legal
inierpositipn. when the kiDgle efforts OF IN
diylduals might pass unuoticed by the law
therefore the general principle on which
the crime OF conspiracy - founded IS this
that the cOufederscy OF several persons to
effect any injurious object creates such a
new and additional pOwer 10 cause injury
ss requires criminal restraint, although
none would be necessary were the same
thing proposed, or even attempted 10 he
done by any person singly. Hence, IL fol-
lows, as already said. tuat the unlaWiui
thin proposed, Wheeler as means or an
ED, need not lie such as would be indic..
abIe 4 proposed, or even done, by sing
Individual
Asto conspiracies concerning wages anl
the Ike. il may be said that whlea mere
combination by any Class Of p5rsors 10 pro
mole the Interests cf their particular trade
Is uot criminal. yet there NAV be acts con
nGcted with it which are undoubtedly IL
dictsbe. when. therefore. you are con-
sidsiing conspiracy OF that sort You must
loCk into us special nature. and the par
tirulRr means cuntem plated or employed
nud decide The question OF rs lndlctabllly
on principles relating 10 these snd not On
such larger doctrines as would cover al
forms Of combination. In this view 70 has
been held that a conspiracy by WOrkmeu
sRfeelrg to quit their employer In body
unless certain other wOrkmen are dismissed,
hDd 10 notify their employer OF such agree
ment. Is indictgb!e. Here is an attempt By
con DlURlINH luA OilN ~ 4ulhlC tht fNi-
ployer and interfere with The conduct OF his
business but TO iuiure oiher WOikmen.
IL another case il has been held that =
there be d combination or agree ment be-
tween two or more persons TO force tbs
prcrecutor 10 conduct his business contrary
Ia his own Wi by improper threats or Inn
PROPER mOlegtatiOn which WOuid CONSIST or
any Thing done with an Improper intent
amounting TO an annoy Rnce or uniusiiiia-
bic interference, having deterring effect
upon the mind Of the employer and calcu-
lated 10 control lis win. such combination
or agreement would be an Illegal couspira-
cy. ior which the defendants would be
liable, Euf 70 Is not necessary thQt
any one should lie personally molesied
II rs enough II the mDiestation was design
ed aid agreed upon With an improper In
tent. and was such rs would be Dkeiy In the
minds q men Cf ordinary nerve 10 deter
them from carrying on their business ac-
coIdipg 10 their Own VIII. But the mere
faci that the accused were members Ot =
trades union IS not Illegal. nor Is The mere
fact that they left their work a sufficient
ground FOR NOu 10 indlct them.
There are other decisions giving the Ia"
Of tie particular cases on which ihey are
rendered which do not think necessary
tOeIplain.
Tie iIue doctrine 10 be gathered from
these csges seems 10 be that conspiracy %
TINS kird ceSses 10 be legal when the means
degpnfd and intended 10 be used by thB
CouFpiTaiCTS are characterized 10y force
threats, Intimidation, molesiatlOn, I'm
proper interference, or cOInp pulsiou. Tnu8
gR have stated, the mere fact OF belonging
10 O trades union is not III indicta bic or
fence but ] submit 10 your Judgement
whether determination ana agreement on
the part Of the mem bers 10 boy colt al per-
cons dealing with the prosecutors is not a
conspiracy not only 10 injure The prosecu'
tor. and interfere with the conduct or his
busiuess, but TO unJustly and wTOnglul.y
modest and ure good citizens Of this COM
muniiy.
II YOU shall be satisfied. gentlemen, from
the evidence brought before You that the
accused have formed combination or
agreement whether the object thereof has
been executed or not 10 compel the prOsecu-
tors TO employ certain men, or men at GER
tain prices. or Otherwise 10 conduct theii
business contrary 10 their own VIII. by
threats, Intimidation, or improper mOes-
tation or interie! eDce, OF q naiuT 10 force
the prosecutors 10 Rccede 20 their demands,
then they are guilty OF "a criminal con-
spiiacy sud liable to Indictment.