Page:Federal Reporter, 1st Series, Volume 6.djvu/61

 UNITED STATES V. CONWAT. 49 �the defendant to a new trial, as a matter of course. Leave is, however, given to apply to the judge -who presided at the trial for a correction of the record. If no correction of the record be made, an order will be entered directing a new trial. If the record be amended, the effect of the amend- ment will be the subject of further consideration. ���United States v. Conwat and another, impleaded, etc. �(Oireuit Court, 8. 2>. New York. January 24, 1881.) �1. Mabshal-^ Obstruction in Pbrfobmancb of Dutt — Abbest bt Mbmbbbb of Municipal Police— Rbv. St. § 5522, �8. having attempted to vote in the presence of a deputy marshal, under circumstaiices sufBcient to justify the belief that he was not entitled to vote, was arrested by the latter. The escape of the pris- oner having beeri subsequently eflected through the intervention of a crowd which surrounded the marshal, and the latter having been forcibly deprived of his cane, drew a pistol, when he was at once arrested by certain members of the municipal police. Sdd, that such arrest was an obstruction of the marshal in the peformance of his duty, within the meaning of section 6522 of the Revlsed Statutes.— [Ed. �Indictment. Motion for New Trial. �Benediot, D. J. The defendants were indicted tinder sec- tion 5522 of the Revised Statutes of the United States, for obstructing a marshal of the United States in the performance of his duty. The facts appearing in the case are as follows : One Paser was a deputy marshal, duly appointed and as- signed to duty at a poUing place in the seventh election dis- trict of the seventeenth assembly district of the city of New York on the last election day. On that flay a man named Shafer attempted to vote at such polling place under circum-, stances sufficient to justify the belief that he was not entitled to vote. The attempt was made in presence of the marshal and of a superviser of election, who directed that Shafer be arrested. Thereupon Paser arrested Shafer for a violation of the laws of the United States, committed in his presence. �v.6,no.l — 4 ��� �