Page:Federal Reporter, 1st Series, Volume 5.djvu/713

 THE MUSSEL SLOUGH CASE. 701 �Quiddy is the act of Doyle, even although the latter was not on the ground — even if he had not gone upon the ground— hecause the acts of one of the conspirators, when the con- spiracy is onoe established, in carrying forward the objects of the conspiracy, are the acts of ail the conspirators. �Gentlemen, if these acts occurred in the way that I have indi- cated here, there was a continuance of the resistance of the marshal which was begun on the first meeting on the ground of those parties. Now, from ail this testimony, gentlemen, from the acts of the parties, you must determine whether or not there was a concert of action and a common purpose. That there was a concert in going there, the testimony shows, be- cause they agreed upon it. There was a concert upon some purpose. The question is as to what that purpose was. Was that the purpose indicated by the acts which they did in fact perform immediately upon getting on the ground in great haste, without even waiting to consult with Storer and Brewer, or was that the purpose which they now, after the act, say was their purpose ; a mere matter of persuasion, a mere matter of protecting Brewer in case he should be assaulted with an intent to murder him ? �YOu are to determine this casej gentlemen, from ail of these circumstances, and make up your minds — First, was there a conspiracy ? If there was a conspiracy, who were guilty of that conspiracy? and then, also, was there an actual resistance? If there was, who were gnilty of that actual resistance? If there was a conspiracy on the part of sorne and not upon the part of others, then who are those that are guilty of conspiring? Beoause, if Doyle is guilty of conspiring with McQuiddy, he is guilty, although McQuiddy is not on trial; he is indicted, and it is no matter that he is not on trial. H Doyle conspired with McQuiddy, as it is alleged in the indiot- ment that he did, or with anybody else, he is guilty of every act of resistance within the objects of the conspiracy that was performed by any of the other conspirators; he.is guilty with the others who carried the object out, even if he did not get there in time to assist personally in the matter. �Gentlemen, as to the credibility of the testimony you are ����