Page:Federal Reporter, 1st Series, Volume 5.djvu/711

 THD MUSSEL SLOUGH CABE. loi&9 �tion. Now, then, if McQuiddy went there mth this predeter- mined, in concert with others, there was a conspiraey also, as well as an t^ctual resistance. It is for you to determine from the facts -whether that conspiraey existed or not, and who conspired with him. �The defendant Doyle is çonneçted with this paper, by his own testimony, and his own testimony alone. The defend- ant Doyle testifies that McQuiddy gave the paper to him the day before — on the lOth— and jequested him to mate some addition to it. He says he did not like it very well, although he saw nothing very bad in it, and did not do anything that night, but the next morning he tells you that McQuiddy came there and asked him if he had got the paper, and if he had added anything to it. He told him he had not. McQuiddy manifested some impatience, and told him that the marshal had gone ont to Braden's and Storer's, as he supposed, and that Crow and Hart had also gone; that it was time for haste, and he hurried him up, and therefore he took it and added what foUowed ; he added the reasons to it : �"We present the folio wing facts: First, these lands were never granted to the Southern Pacific Eailroad company" — a fact which had been determined to the contrary by the court, and determined for ail time, unless that judgment should be reversed, so far as that case is concerned. "Second, we have certain equities that must be respected, and shall be respected." And, again, "we, as American citizens, cannot and will not respect them;" that is, the rights of the Southern Pacific Eailroad. �Now, he knew, because McQuiddy told him, that the mar- shal had gone with the writ to put Crow in possession of Storer's and Brewer's land. He was urged to haste. He dietated this addition. He said, in answer to a question from the court, that it was not dietated by McQuiddy; it was his own dictation ; it was his own language. Now, then, when he wrote that language he had reason to believe from the conversa- tion, whether he did so believe or not, that it was to be used — to be delivered to the marshal. The conversation, Mc- Quiddy's anxiety and hurry to get off, his impatience to hurry ����