Page:Federal Reporter, 1st Series, Volume 5.djvu/693

 THE MUSSEL SLOCGH CASB. 681 �you are simply to determine the question whether these par- ties are guilty or not guilty of the off ences charged. The re- sponsibility of the punishment is upon the law and the court. �In view of these instuctions, gentlemen, you will examine the testimony in the case for the purpose of ascertaining the facts. The statute of the United States provides that "if two or more persons" — and there may be but two — "if two or more persons conspire to commit any offence against the United States, and one or more of sueh parties do àny act to effect the object of the conspiracy, ail the parties to such conspir- acy shall be liable to a penalty," etc. That is one provision of the statutes, gentlemen, and there is a charge in this indict- ment framed upon that provision charging these defendants, with several other parties who are not on trial, and others to the grand jurors unknown, with conspiracy. There must be two at least to form a conspiracy. If there were any two of these defendants that conspired to commit the offence charged, there was a conspiracy. The conspiracy charged is to com- mit the offence of resisting and obstructing the United States marshal in the execution of the writ set out. If you find that two or more are guilty of the conspiracy, then you must find those guilty as to whom you find the testimony sufficient to justify such a verdict. �There is another clause, gentlemen of the jury : "Every person who, knowingly and wilfuUy, obstructs, resists, or op- poses any ofBcer of the United States in serving, or attempt- ing to serve or execute, any mesne process or warrant, or any rule or order of the court of the United States, or any other legal or judicial writ or process, or assaults or beats or wounds an oflficer duly authorized in serving or executing any writ, rule, order, process, or warrant, shall be punished,'" etc. �Now, gentlemen, there are two charges in this indictment : one is that these defendants, with others, conspired to ob- struct and resist the United States marshal in executing a writ, and doing sôme act to effect the object of that con- spiracy; and the other is, in actually obstructing or resist- ing the marshal in the execution ôf the writ. Those two ����