Page:Federal Reporter, 1st Series, Volume 5.djvu/702

 |890 FEDERAL REPORTER. �uot the acts of persuasion. If the paities came there and used that language, and performed those acts, that is the language of threats, and those acts are acts of menace. The marshal says they were standing at the time in a circle aroïind him, from six to twelve feet off. Now if these par- ties drew their pistols in that way upon him in a threatening manner, that of itself was an assault; it was an ofifence at common law; it was menace; it was an obstruction of itself; and if those acts took place as stated by him there and then, and not contradicted by the other party, that of itself was an obstruction to the marshal in the execution of his writ, pro- vided he was there for thatpurpose, and intending to execute the writ. �Now, the fact that he was not on the piece of land at that moment of time does not change the aspect of the case. The fact that he was waiting a few moments to see what would be the resuit of that conference does not affect the case. If he was there for the purpose of executing that writ, and intend- ing to execute it, and was menacingly.forbidden to execute the writ, and obstructed in its execution, they knowing that he was there for that purpose, and threatening and menacing him for the, purpose of preventing the execution of the writ, that was a resistance within the meaning of the law at that point, before any other or further act was performed; and, as I said before, gentlemen, that is not the language. of. persua- sion. And this was done, as ail the testimony shows, in a very short time — only a few seconds of time, or a few min- utes at the outside. AU of this indicated a purpose which the marshal would understand, and which hô had a right to nnderstand, as intending to interfere with the execution of the writ. The acts themselves indicated a purpose,, and the purpose manifested by those acts could only be a purpose of resistance. Now, if th^it was their purpose, and you are enti- tled to consider the natural purport of the acts, you are entitled to consider the outward manifestation of those declarations and acts in determining the question whether what they now say was their purpose, was the true purpose or not. �Nov',vtlien, if the.y told liim he oon'd not execute those writs ; ����