Brownsville herald. [volume] (Brownsville, Tex.) 1910-current, 1912-01-10

ANA'AA@A ~ ~ AAN ~ ANNNAN
bling or furnishing or men would also
BE- one OF the
To begin or set on foot a
movement 90 effect the organization
and enterprise would be fully accom-
plIsned IN the sense that the viola
tion would ~ complete. when one or
more defendants buy arms. ammnni-
ton. saddles. horses. blankets. bril-
dies. spurs. guns. pistols. bombs dy-
Mantle. and such other ordinance
and military stores. accoutrcment
and equipment TO be- used for and
suitable 20 the beginning or setting
on foot a military expedition or en-
terprIsc TO be undertaken ar carried
on against said Republic 81 Mexico
Section ten. under which the
oucnt in the Indictment. charrcs and
seeks conviction. perhaps calls for
little. II any amplincatlon. the Ian
guage II IN no sense technical and
does not require construction.
N you believe from the evidence
beyond a reasonable doubt. that the
defendants tone Or norel enlisted
or entered (which are synonymous IN
mcaning) themselves. said enlist
ment or entering taking place In the
United States and within this iuris-
diction; or II you believe from the
evidence that the defendants Zone
Or more) have hired or retained a
person or persons tsaid hiring or re-
tanning. taking place In the United
States) 20 enlist as a soldier. or soi-
diers. said person or persons 20 en-
listing. entering. hiring ur retaining.
intending thereby that the parties 50
enlisted. hired or retained. 20 beyond
the jurisdiction and territory Of the
United States with the intent 10 ~
entered or enlisted. hired nr retained.
a. a soldier. or soldiers. IN the serv-
ice Of a foreign colony. district or
people. that Is to say. as soldiers. in
the service OF certain people then en-
gagged or 10 engage in armed resist
nee ID the legally established and
recognized government of the Re-
public OF Mexico. then the party or
parties. defendant. or defendants. 80
entering or cnlisting. u hiring ~
retaining would be guilty Us charged
in this count Of the indictment.
The defendants are by p%resenta-
ton Of the Grand Jury in and for
this district and the Brownsville a.
vision thereof put 10 trial upon the
third count 20 the indictment. For
convenience and ready guidance IL
II well IN this connection 70 say that
tho act declared IN This particular
count l. section M OF the Penal Code
and Is Identical with section $40 Of
the Revised Statutes which declares:
IF two or more persons c1nspire 10
commit any Offense against the Uni
trd States and n OF more on such
parties do any net to effect the object
Of the conspiracy. each Of the parties
"a such conspiracy shall ~ fined or
imprisoned a. therein provided I'm
der this section the defendants and
each of them are charged I'm said
count with having conspired 70 vio-
late sections 10 and 10 81 the Fed
eral Penal Code. which sections have
been set out In the earlier portions
Of this charge 40 which you are again
referred. and thereupon you are
charged that should you believe from
the evidence that two or more ~ tn
defendants within the territory and
jurisdiction of the United States did
conspirc or agree. as between them
selves and others. either ~ begin.
''set on foot provide or prepare"
the means for any military expedi-
ton or enterprise % b. Carried on
against the Republic Of Mexico. the
United states being at peace with
the said Mexico and the people there
of. then the parties to such crnspir-
acy or agreement. il YOU believe
from the evidence beyond a reason-
able doubt that said conspiracy or
agreement was % entered into ny
two or more OF said defendants. and
II you further believe from the evi-
dence that in pursuance and further
ance Of said conspiracy. agreement
or common understanding. any osr
Of the said defendants did any act or
thing TO aid. effect or further the
common design or enterprise. or ex-
petition. y1u will be authorized and
Justified In finding the defendants ~
conspiring. agreeing and acting to-
gether. guilty a. charged in the third
count Of the indictment.
Applying the law to this Particular
count. which charges a conspiracy