Page:Federal Reporter, 1st Series, Volume 5.djvu/710

 698 FEDERAL REPORTER. �There is no conflict in the evidence that this was delivered; there is no conflict as to its contents. Gentlemen, that is not tfie languagë of persuasion ; that js the language of menace ; it is the language of threat; and if the marshal believed that to express the true intent and acted upon it, as the marshal saïd he did, then it is not only a resistance, but a successful resistance. In connection with this delivery and command to leave, McQuiddy detailed four armed men to take the mar- shal ont of the country, and told him not to go to Hanford. The marshal tells you he gave his orders in an imperious manner, and he nnderstood and believed he meant what he said; and, under the circumstances, he had a right to believe tha,t he meant it. That is the language of menace — the lan- guage of resistance — not the language of persuasion. �If you believe, then, that the marshal was there, as he says he was, for the purpose of executing that writ, although he wàs Waîting for this interview between these other par- ties, but was intending to go on and execute the writ, and that he was deterred froin doing it by these threats; that he left the country, and left with the writ unexecuted, by reason of them, — there was a resistance, and a continuance of any resistance before commenced; and ail those who were con- nected with McQuiddy, and who aided or abetted or mani- fested their approbation of it in any way, as several did by their remarks, are equally guîlty of the resistance. �Now, gentlemen, this also indicated a predetermina tion. This the testimony shows, and it is uncontradicted. It is ail testimony derived from the defence. The testimony shows that this paper was prepared before coming there. The most of it had been prepared at least as early as the day before, and that shôws, then, a preconcerted purpose on the part of sbmebody, certainly on the part of McQuiddy ; that is to say, you have a right to infer it; whether it does sufficiently show it or not is a question for you to determine, but it indicates it. It tends to show a preconcerted purpose, because it was prepared at least the day before. The testimony indicates that it had beën prepared at San Francisco and sent up. There must have been more than one engagea in the prepara- ����