Page:Federal Reporter, 1st Series, Volume 5.djvu/692

 g80 federal bepobteb. �The Mussel Slotjgh Case. {Oircuit Court, B. Galifornia.) �1. CONSPIBACT. �■ A conspiracy is a combination 6f two or more persons by some con- j certed action to accomplish some oriminal or unlawful purpose. a. Bamb — Evidence. �, The evidence in proof of a conspiracy wi]l generally, from the nature of the case, be circumstantial, though the common design is ' the essence of the charge. �3. Bamb— Samb. �It is not necessary to prove that the defendants came together and actually agreed, in terms, to have that design and to pursue it by com- mon means. If itbeproved that the defendants pursued bytheiracts the same objeots, often by the same means, one perforining one part . and another another part of the same, so as to complete it witha View to the attainment of the same object, the jury wiU be justifled in the conclusion that they were engaged in a conspiracy to efleçt that object. �4. ItfARSHAIi — ObSTRTJCTION AND RESISTANCE IN EîCECUTlNG A WbIT. �—[Ed. �Sawyeb, g. J., {oral charge.) This long case is about draw- ing to a close. Gounsel have performed their duty ; it now remains for the court to perform its dutv; and then it will devolve upon you to perform yours. �It is the duty of the court to give you the law applicable to this case, and it is your duty to receive it from the court, and to act upon it as so given to you. The declaration of the law is strictly and solely the province of the court, and your functions are simply to ascertain the facts. Of the facts you are the sole judges. You are the judges of the weight of the testimony, and the credibility of the witnesses, and it is for you, from ail the testimony in the case, to determine the facts, and when you determine the facts it is your duty to announce that determination, whatever your sympathies may be. You will examine this case fairly, calmly, impartially, and declare the resuit as it strikes your minds from ail the testimony in the case. You will not allow yourselves to be governed by sympathy or drawn aside from the issues by any outside con- siderations. You have nothing to do with the punishment; ����