Bannon v. United States

This was a writ of error to review a conviction of the plaintiffs in error, who were jointly indicted with 25 others, for a conspiracy 'to commit an offense against the United States,' in aiding and abetting the landing in the United States of Chinese laborers in violation of the exclusion act, by furnishing such laborers false, fraudulent, and pretended evidences of identification, and by counseling, advising, and directing said laborers, and furnishing them information and advice touching the questions liable to be asked them upon their application for permission to land, and by various other means to the grand jury unknown. The times, places, manner, and means of such conspiracy are set forth in the indictment.

Most of the defendants were arrested on the day the indictment was filed, and demurred to the same for failing to set forth facts sufficient to constitute an offense against the laws of the United States. The demurrer being overruled, the trial proceeded against twenty of the defendants, and was concluded by a verdict finding the plaintiffs in error, together with one Dunbar, guilty as charged in the indictment. The others were acquitted, except two, as to whom the jury were unable to agree. The usual motions for a new trial having been made and overruled, plaintiff in error Mulkey was sentenced to pay a fine of $5,000, and to be imprisoned for one year, and Bannon was also sentenced to imprisonment for six months. Whereupon they sued out this writ of error.

B. F. Dowell, for plaintiff in error Bannon.

A. T. Britton and A. B. Browne, for plaintiff in error Mulkey.

Asst. Atty. Gen. Conrad, for the United States.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.