Page:Federal Reporter, 1st Series, Volume 9.djvu/96

 UNITED STATES V. CAHILL. 81 �offer to vote and to deposit his ballot at said polling place as aforesaid, by threat and intimidation, unlawfullyprevent thesaid Alexander Batton, aqual- ifled voter, as aforesaid, froni then and there fully exercising the right of suf- frage, contrary to the form of the statute of the United States in such case made and provided, and against their peace and dignity. �(2) And the grand jurors aforesaid, on their oaths aforesaid, do further pre- sent that heretofore, to-wit, on the second day of November, in the year of our Lord one thousand eight hundred and elghty, at the third congressional dis- trict of the state of Missouri, within the eastern district of Missouri, a lawful election was held, at which said election a representative for said congres- sional district in the forty-seventh congress of the United States was voted for. That one Alexander Batton, ieing then and there a duly-qualifled voter of said State, in said congressional distilct, and in election district number thirty-nine of the fourlh ward of the city of St. Louis, in said congressional district, and then and there entitled to vote at said election district, did then and there attempt to vote and to deposit his ballot at the polling place in said election district. That Patrick Cahill,late of said district, did then and there, while the said Alexander Batton was attempting to vote and to deposit bal- lot at the said polling pince, as aforesaid, and in the presence and hearing of him, the said Alexander Batton, declare and threaten in substance and to the effect following: That in the event he, the said Alexander Batton, should then vote and deposit his ballot at said polling place, he, the said Patrick Cahill, would cause him, the said Alexander Batton, to be arrested. That by means of said declaration and threat so made, as aforesaid, the said Patrick CaMll did then and there prevent said Alexander Batton from voting and depositing his ballot at said polling place, and did then and there thereby pre- vent said Alexander Batton, a qualifled voter, as aforesaid, from fully exer- cising the right of suffrage, contrary to the form of the statute of the United States in such cases made and provided, and against their peace and dig- nity. �" William H. Bliss, "Attorney of the United States, Eastern District of Missouri." �It was remitted to the circuit court, on motion of the district attorney. The other facts are sufflciently stated in the opinion of the court. �William H. Bliss, for the United States. �Marshall <e Barclay, for defendant. �Tbeat, D. J. The demurrer is special to each of the two counts: (1) The facts on which depended the right of Batton to vote are not set ont; (2) There is no allegation that the election was for a rep- resentative in congress. The indictment is designed to charge an offence under section 5511, Rev. St., for unlawfully preventing a qualified voter from freely exercising the right of suffrage, etc. �It is contended by defendant that it is not sufficient in an indict- ment to charge generally that the person whose vote was refused, or who was prevented from voting, was "a qualified voter," but that the several facts on which his right to vote depended should be set out. Eeference has been made to several authorities in support of the proposition, While it may be conceded that where a person offering Y.9,no.2— 6 ��� �