Page:Federal Reporter, 1st Series, Volume 5.djvu/712

 700 FEDERAL REPORTER. �him up, indicated ail this. It was addressed to the marshal ; he read it ; and, by appending this addition to it, he adopted the whole of it. When he appended this and delivered the whole of it hack to McQuiddy, with this appendage, hav- ing signed it "By order of the League," or "By authority of the League, " he adopted the whole of it. He conferred with McQuiddy in preparing this for the marshal, and, when he delivered it to McQuiddy, that was a commendation of and concurrence in those acts between the two, and tends to show that there was a conspiracy, at least between those two. It is addressed to the marshal-; it is the language of threat; and the testimony tends to show that he knew it was to be used for that purpose, and he, at least, affirmed that it was "By authority of the League. " �Now, there have been several other papers put in evidence here, purporfcing to have been by authority of the league, but but none can be traoed to the league by direct evidence, and it is denied they came from the league. It is said that Doyle consulted no meeting of the league as to this document, because there was no meeting; but, conceding it to be so, he, at least, affirms that this was by authority of the league, and McQuiddy confirms it by adopting it and delivering it to the marshal with that appended to it. They two act together in concert with reference to the preparation of this document, and for the purpose of delivering it to the marshal, as the testimony tends to show ; whether it shows this satisfactorily or not is a question for you to consider. Then the testimony shows that McQuiddy immediately rode off from the house ; that he went by one direction and Doyle went by another, and they both arrived at Storer and Brewer's at about the same time, or not far apart; and the testimony tends to identify them ail as being upon the ground during some portion of those proceedings. �Now that tends to show a preconcert of purpose — of action — on the part of these two men, at least ; and if you believe that they did thus act in concert with reference to that, then there was a conspiracy to do the thing which this document pur- ports to do; and, if there was a conspiracy, the act of Me- ����