EVIDENCE. named were members of the same conspiracy, after which the overt acts of any one in furtherance of the common design is evidence against all (a)-an overt act in the county in which the venue is laid, after which overt acts of the same or other conspirators, although in other counties, may be given (b). Rosc. Cr. Ev. 2 ed. 364; Arch. 12 ed. 759. OBSERVATIONS. other defendant has pleaded, and is alive, but has not been tried, and though it is possible he may afterwards be acquitted (c). A man and his wife cannot be indicted for conspiracy, as they are in law one person (d); but a husband, wife, and servants may (e). A wife of one conspirator may not give evidence either for or against others jointly indicted (f). As the conspiracy is the gist of the offence, it is complete though no act be done in consequence (g); but it is otherwise if the prosecution be by action (h). An act which may be done innocently by individuals separately, becomes an offence where several meet for the same purpose; as for instance, a journeyman Prec. of Indict. Arch. pp. 755, 760; Matt. C. L. pp. 451, 457. (a) R. v. Sidney, 3 St. Tr. 798; R. v. Lord Lovat, 9 St. Tr. 690, etc.; Hardy's case, 1 East, P. C. 60; R. v. Stone, 6 T. R. 527; 11 East, 584; see 2 Stark. Ev. 2 ed. 235, 6, 7; Phill. Ev. 8 ed. 210; 2 Russ. 572; Whitehead's case, 1 Dow. & Ry. N. P. 61; Hunt's case, 3 B & A. 577. As to the admission, as evidence, of letters, papers, and writings, see Rosc. Cr. Ev. 2 ed. pp. 77, 8, 9. (b) R. v. Bownes, 4 East, 171, n.; Fost. 9, 22. (c) Cooke's case, 5 B. & C. 538; 7 D. & R. 673. (d) 1 Hawk. supra. (e) R. v. Cope, et al. 1 Str. 144. (f) R. v. Locker, 5 Esp. 107; R. v. Serjeant, R. & M. N. P. 352; and see R. v. Frederick, 2 Str. 1094; Arch. 12 ed. 227. 1 Hawk. c. 71, s. 2; Best's case, 2 Ld. Raym. 1167; Spragg's case, 2 Burr. 993; Rispal's case, 3 Burr. 1321; 2 Russ. 553; Gill's case, 2 B. & Ald. 204; Seward's case, 1 Ad. & Ell. 706; Richardson's case, 1 M. & Rob. 402. (h) 1 Ld. Raym. 378. statements and established by proof (8). Where the counts were framed in a general form, a Judge, after consulting several of his brethren, ordered a particular of the charges, giving the same information as would be afforded by a special count, to be given to the defendant; but the particular was not to state the specific acts charged, nor the time and places where they were alleged to have occurred (9). Where the indictment is for a conspiracy to charge a man with an offence, it is not necessary to aver that he is innocent (10), for the law will presume that until the contrary appear (11); so where the defendants were indicted for a conspiracy in producing a false certificate of justices of peace, in order to influence the judgment of a Court, it was holden not necessary to aver that they knew it to be false; it was sufficient that they agree to certify the fact as true, without knowing it to be so (12). And where a conspiracy to procure a marriage by threats and menaces was charged, it was holden not necessary to aver that the marriage was had against the consent of the parties, though that fact must be proved (13). Conspiring to charge with (8) 2 Russ. 569; Fowler's case, 1 East, P. C. 461; Seward's case, 1 Ád. & Ell. 706; 3 N. & M. 557: R. v. Peck, 9 Ad. & Ell. 686; 1 P. & D. 508; see Ford's case, 1 N. & M. 777; Rosc. Cr. Ev. 2 ed. 367, 377; R. v. Pywell, 1 Stark. 403. (9) Per Littledale, J., Hamilton's case, 7 C. & P. 448. (10) Kinnersley's case, 1 Str. 193. (12) R. v. Mawbey, 6 T. R. 619. I OFFENCE. CONSPIRACY-continued PUNISHMENT. crime.]-A conspiracy to charge a man falsely with an offence, whether temporal or spiritual, is an indictable offence (14); but several persons may meet together, and consult to prosecute a guilty party, or one against whom there are reasonable grounds of suspicion (15). To injure a third person, or body of men, or the public.]-A conspiracy to impoverish A. B. a tailor, and to prevent him by indirect means from carrying on his trade (16); to impose pretended wine upon a man as for true and good Portugal wine, in exchange for goods (17); to go to a theatre with a settled intention of hissing an actor, or damning a piece (18); to combine to marry a girl to get her fortune (19); to seduce a girl (20); to charge a man as the reputed father of a bastard (21); to procure false reputation as men of property in order to defraud tradesmen (22); by a man and woman to marry in the name of another, for the purpose of raising a specious title to the estate of the person whose name is assumed (23); to marry by sinister means a pauper of one parish to a settled inhabitant of another (24); to defraud the public by issuing and negotiating bills in the name of a fictitious and pretended banking firm (25); to prevent open competition at an auction sale (26); to raise the price of the public funds by false rumours (as being a fraud upon the public) (27); to impoverish the farmers of the excise (as tending to injure the revenue of the crown) (28); to obtain money by procuring from the Lords of the Treasury the appointment to a place in the (21) 1 Hawk. c. 72, s. 2. (22) R.. v. Roberts, et al. 1 Camp. 399. (23) R. v. Taylor, et al. 1 Leach. 47. (24) Tarrant's case, 4 Burr. 2106; Herbert's case, 1 East, P. C. 461; Compton's case, Cald. 246: Seward's case, 1 Ad. & Ell. 736; 3 N. & M. 557. (25) R. v. Hevey, et al. 2 East. P. C. 856. (26) Levi v. Levi, 6 C. & P. 240. (27) De Berenger's case, 3 M. & S. 67; see Crowther v. Hopwood, 3 Stark. 21. (28) Starling's case, 1 Sid. 174; 2 Russ. 559. EVIDENCE. OBSERVATIONS. may insist on his own wages being raised, but if several meet for the same purpose it is a conspiracy (i); and though an individual may hiss at a theatre, yet if several conspire to do this, it is indictable (k); and it seems if several persons concur in the act, they are all guilty of conspiracy, notwithstanding they were not previously acquainted with each other (7). A conspiracy to commit a civil trespass (m); or to exonerate a parish from a prospective burthen of maintaining a pauper not at the time chargeable, and to throw the burthen upon another parish, by means not unlawful (n); or to deprive a man of an office under an illegal trading company, is not indictable (o). And associations to prosecute felons, and even to put laws in force against political offenders, are lawful (p). As to the venue, trial, indictment, etc., see p. 84, n. (i) Mawbey's case, 6 T. R. 636; case of the Journeymen Tailors of Cambridge, 8 Mod. 11; see Eccle's case, 1 Leach, 276. (k) Anon., cited in Mawbey's case, supra. (1) Per Lord Mansfield, case of prisoners in K. B.; Hawk. c. 72, s. 2, n. (m) R. v. Turner, 13 East, 228. (n) Seward's case, 3 N. & M. 557; 1 Ad. & Ell. 462. (0) Stratton's case, 1 Camp. 549. (p) R. v. Murray, et al. per Abbot, C. J., Matt. C. L. 90; see 1 Hawk. c. 72, s. 7.; 2 Russ. 556. Customs (29); to attempt to force the East India Company to grant an additional allowance to its officers, by a number of combined officers resigning their commissions (as tending to insurrection) (30); to prevent the burial of a corpse, though for the purpose of dissection (31); in these several instances it has been holden an indictment for a conspiracy, will lie. And so it seems for combining to cheat and defraud a man by selling him an unsound horse (32). Conspiracy to commit an illegal offence.]-A conspiracy to commit a felony or misdemeanour (33) is indictable; so to commit a riot (34). To prevent the course of justice.]-Where several persons conspired to procure others to rob one of them, in order, by convicting the robber, to obtain the reward then given by statute in such case, and the party who accordingly committed the robbery was afterwards convicted and actually executed, these persons were indicted for the conspiracy and executed (35). So also a conspiracy by certain justices of the peace, to certify that a highway was in repair, when it was not, was holden indictable (36). A conspiracy to dissuade witnesses from giving evidence (37), or to tamper with jurors, is an offence (38); so also is a conspiracy to prevent a prosecution for felony (39). To effect legal purposes by unlawful means.]—As to let lands of ten pounds a year value to a poor man in order to get him a settlement, or to send a woman big of a bastard child into another parish to be delivered there, and so to charge that parish with the child; these are indictable crimes (40). By workmen.]—Though every man may work at what price he pleases, yet a combination not to work under certain prices, is an indictable (29) Pollman's case, per Lord Ellen borough, 2 Camp. 229. (30) Vertus v. Lord Clive, 4 Burr. 2472. (31) Young's case, cited 2 T. R. 734; 2 Chit. C. L. 36. (32) 2 B. & A. 204; 1 Stark, 402. (33) R. v. Pollman, et al. 2 Camp. 229, n. (34) 2 Russ. 560; 2 Chit. C. L. 506, n. (35) Macdaniel's case, 1 Leach, 45; Fost. 130. (36) Mawbey's case, 6 T. R. 619. (37) 1 Hawk. c. 21, s. 15; see also Bushel v. Barrett, Ry. & Man. N. P. C. 434. (38) 1 Saund. 300; Joliffe's case, 4 T. R. 285. (39) Per Lord Eldon, Claridge v. Hoare, 14 Ves. 65. (40) Per Cur.; Edwards's case, 8 Mod. 321; and see Journeymen Tailors of Cambridge, 8 Mod. 11; 1 Leach, 38; 3 Burr. 1439; 1 Wils. 41; Best's case, 2 Ld. Raym. 1167; 6 Mod. 85; 2 Russ. 553; Eccles's case, 1 Hawk. c. 72, s. 3, n. 1 Leach. 276. CONSTABLE.-(See titles BRIBERY, ESCAPE, EXTORTION, OFFICES.) CUSTOMS. (See titles ASSAULT, Embezzlement, n. Smuggling.) DEAD BODIES— Digging up and carrying Fine or imprisonment, or away. (M.) COM. LAW, both. offence (41); so also a combination to prevent the workmen employed by certain persons from continuing in their employ, and to compel the masters to discharge those workmen (42); or to prevent the masters taking any apprentices (43). If the masters of workmen combine together to lower the rate of wages, they also (41) Per Lord Mansfield, Eccles's case, (42) Bykerdike's case, 1 Mood. & Rob. 179. ante. (43) Ferguson's case, 2 Stark, 489. EVIDENCE OBSERVATIONS. Prove that the defendant dug up the body, and removed it; the slightest evidence of removal is sufficient-or, after proving that the body was interred as mentioned in the indictment, show such circumstances as will enable the jury to infer the defendant's guilt; as that the body was subsequently found in his possession. Rosc. Cr. Ev. 2 ed. 380; Arch. 12 ed. 749. Prec. of Indict. Arch. 748; Matt. C. L. 431. A body which cannot be recognised, should be described as that of a person, to the jurors aforesaid unknown (a); and if it be doubtful from whence it was taken, a count should be added accordingly (b). It is an indictable offence to steal a dead body, though for the purposes of science (c); or to dispose of for gain (d). The preventing a dead body from being interred has been also considered an indictable offence; as where a master of a workhouse, a servant, and another person, were indicted for a conspiracy to prevent the burial of a person who died in a workhouse (e); so also, if any nuisance arise from the non-interment of a dead corpse, through the neglect or refusal of the parochial priest or minister, whose duty it is to perform the office of the burial of the dead, he is punishable by indictment or information (ƒ). To bury a dead body after a violent death, before the Coroner has sat upon it, is punishable as a misdemeanour (g). If a dead body in a prison or other place, upon which an inquest ought to be held, is interred, or is suffered to lie so long as to become a nuisance before the coroner has viewed it, the gaoler or township shall be amerced (h). Professors of anatomy and other persons duly licensed, are not liable to be punished for having in their possession human bodies according to the provisions of the statute (). Provision is made by statute for interment of dead bodies cast upon the shore (k). To leave the corpse of one for whom the defendant is bound to give Christian burial, as a wife or child, unburied, is an indictable misdemeanour, if he is shown to be able to provide for such burial (7). (f) Per Abney, J., Andrews v. Cawthorne, Willes, 537, n. (g) Clark's case, 1 Salk. 377; Anon. 7 Mod. 10. (h) 2 Hawk. c. 9, s. 23. (i) 2 & 3 Wm. IV. c. 75, s. 10. (1) R. v. Vann, 2 Den. C. C. 325. T. & M. C. C. 632. are liable to be punished for a conspiracy (44). For the statutory provisions at present in force regarding combinations by workmen, see 6 Geo. IV. c. 29. Assaults, in pursuance of such combinations, are punishable by 9 Geo. IV. c. 31, s. 25, ante, p. 36. (44) Hammond's case, 2 Esp. 720. |