Page:Federal Reporter, 1st Series, Volume 5.djvu/699

 THE MUSSEL 6L0UGH CASE. 687 �&ub]ect, and his being informed that the marshal was there for the purpose of putting Crow in possession, one of them said — Crow, I think — " Why can't we settle it ?" and there -was some conversation on the subject. They stood aside and conversed by themselves. Storersaid: " "Well, corne on boys, we will go down and see my partner" or "my friend." They went down to the land. I need not go over the circum- Btances. They went into the enclosure on the even section ad- joining with Storer — what they call the homestead lot — and the marshal and Clark and Crow and Hart remaining while Storer went to converse with his partner. The testimony also is that the news of the marshaKs arrivai became noised abroad in Hanford at once ; that it became known to the set- tiers, and, among others, to these defendants in varioua stages of the case ; that the marshal was there with his writs ; that he and Crow and Hart had gone out with a view of exe- cuting the writs. Now, gentlemen, you have heard the testi- mony about how these parties ail arrived upon the grounds, but the testimony ail tends to show that they gathered their men together, and that some of them — 'McQuiddy, their lead- er, and some others-r-requested them to get as many men as they could; that they wanted to make an impressive repre- sentation to the marshal. There was a concert of action, as the testimony ail tends to show, and it ia not cbntradicted, in going there. They ail went there, several mUes out of the way, to a place in which they had no. personal concern. There appears to have been a concert of action in going there and assembling at the place. They gathered their friends together, as the testimony tends to show, upon the way. No^y, if that was so, if they went there by any concert of action, that is one element in the conspiracyv "That; of course, does not make a conspiracy alone, but if there was a concerted action on their part, and they ail came together from differ-» ent portions around there by concert of action or agreement, I .say that is one element pointing to the conspiracy. �Now they went there for a purpose. That they ail admit. The testimony ail shows that they had a!'purpose iili going, If that purpose was an unlawfiil one, that is another, element ����