Page:Life and Select Literary Remains of Sam Houston of Texas (1884).djvu/560

 case, be circumstantial. Though the common design is the essence of the charge, it is not necessary to prove that the defendants came together and actually agreed in terms to have that design, and to pursue it by common means. If it be proved that the defendants pursued by their acts the same object, often by the same means, one performing one part, and another another part of the same, so as to complete it, with a view to the attainment of that same object, the jury will be justified in the conclusion that they were engaged in a conspiracy to effect that object. Nor is it necessary to prove that the conspiracy originated with the defendants, or that they met during the process of its concoction; for every person entering into a conspiracy or common design already formed, is deemed in law a party to all acts done by any of the other parties, before or afterward, in furtherance of the common design."—3 Greenleaf, sec. 93.

This rule for determining the responsibility of Judge Watrous I would have borne in mind, as I shall proceed to develop the acts of the different conspirators in the prosecution of their common schemes of fraud.

What state of things could exist, or can be imagined, that would more loudly and imperiously call for resolutions such as were passed by the Legislature of Texas, in the name of an outraged people, against the judicial plunderer and conspirator who was aiming to coin his fortunes by forgery and fraud the most stupendous? A copy of these resolutions I beg to submit here for the consideration of honorable Senators:

"Whereas, it is believed that John C. Watrous, judge of the United States district court for the district of Texas, has, while seeking that important position, given legal opinions in causes and questions to be litigated hereafter, in which the interests of individuals and of the State are immensely involved, whereby it is believed he has disqualified the court in which he presides from trying such questions and causes, thereby rendering it necessary to transfer an indefinite and unknown number of suits, hereafter to be commenced, to courts out of the State for trial; and whereas it is also believed that the said John C. Watrous has, while in office, aided and assisted certain individuals, if not directly interested himself, in an attempt to fasten upon this State one of the most stupendous frauds ever practiced upon any country or any people, the effect of which would be to rob Texas of millions of acres of her public domain, her only hope or resource for the payment of her public debt; and whereas his conduct in court and elsewhere, in derogation of his duty as a judge, has been marked by such prejudice and injustice toward the rights of the State, and divers of its citizens, as to show he does not deserve the high station he occupies: Therefore,

"Be it resolved by the Legislature of the State of Texas, That the said John C. Watrous be, and he is hereby requested, in behalf of the people of the State, to resign his office of judge of said United States Court for the district of Texas.

"Sec. 2. Be it further resolved, That the Governor forward the said John C. Watrous, under the seal of the State, a copy of the foregoing preamble and resolution; also, a copy to each of our Senators and Representatives in the Congress of the United States.

"Approved, March 20, 1848." An absurd and abortive attempt has been made by Judge Watrous and some