Sixth count. Same as fifth, but without overt act.

(647) Seventh count. To molest tenants by distresses, etc. Did conspire, etc., by unlawful and vexatious distresses and threats of the power of the said R. S. C., under the title of Lord S., to molest, disturb, and disquiet divers persons, who then and there lawfully held and enjoyed divers messuages, lands, etc., situate in the said county, as tenants thereof to the said G. J. (overt act by J. S. C., that he "did unlawfully and fraudulently issue and sign, as agent to the said R. S. C., by the title of Lord S., a certain warrant of distress for rent on the premises occupied by one P. S., a parcel of the messuages, etc., last aforesaid, as tenant thereof to the said G. J., under and by color whereof the goods of the said P. S. on the said premises, being of great value, to wit, etc., were afterwards, to wit, on, etc., at, etc., taken and seized as for and in the name of a distress for rent pretended to be due to the said R. S. C., under the title of Lord S., for the said premises"); to the evil example, etc.

Eighth count. Similar, without overt acts.

(648) Conspiracy to obtain goods upon credit, and then to abscond and defraud the vendor thereof.(y)

That A. B., C. D., and E. F., all of, etc., in the county aforesaid, traders, wickedly and unjustly devising and intending one G. H. to defraud and cheat of his goods, property, and merchandises, on, etc., at, etc., did falsely and fraudulently conspire, combine, confederate, and agree among themselves to obtain and get into their hands and possession, of and from the said G. H., his goods, property, and merchandises upon trust and credit, and then to abscond out of the said commonwealth, and defraud him thereof; and that the said A. B., C. D., and E. F., in pursuance of, and according to the conspiracy, combination, confederacy, and agreement aforesaid, so as aforesaid had, did then and there falsely and fraudulently obtain and get into their hands and

(y) Com. v. Ward, 1 Mass. R. 473. The overt acts in the text may be omitted, which were treated by the court in their judgment as surplusage. See supra, 607, 608, note, as to indictments for conspiracy to commit the statutory offence of secreting goods, etc.

possession, of and from the said G. H., goods, wares, and merchandises of the value of five hundred dollars, upon trust and credit; and in further pursuance of the conspiracy, combination, and confederacy aforesaid, so as aforesaid had among themselves, they the said A. B., C. D., and E. F., before the time of payment for the said goods, property, and merchandises had arrived, did abscond and go out of the said commonwealth, and did then and there, in mauner aforesaid, cheat and defraud the said G. H. of his goods, property, and merchandise aforesaid. (Conclude as in book 1, chapter 3.)

(649) Conspiracy to defraud an illiterate person, by falsely reading to him a deed of bargain and sale, as and for a bond of indemnity.(z)

That A. B., C. D., and E. F., all of, etc., in the county aforesaid, yeoman, unlawfully devising and intending one G. H. to injure, deceive, and defraud, and him the said G. H. fraudulently to deprive of his property and estate, on, etc., at, etc., did unlawfully conspire, combine, confederate, and agree among themselves falsely and fraudulently to obtain from the said G. H. a deed of bargain and sale of a certain lot of land in said town of B., called lot No. 20 in said town of B., and that in pursuance of, and according to the conspiracy, combination, confederacy, and agreement aforesaid, so as aforesaid had, they the said A. B., C. D., and E. F. did falsely and fraudulently prepare, make out, and fabricate a deed of bargain and sale of the said lot of land, to be signed and executed by him the said G. H., and did then and there falsely and fraudulently present the same to him the said G. H., and did then and there falsely and fraudulently, and in pursuance of the conspiracy, combination, confederacy, and agreement aforesaid, read the same to him the said G. H. as a bond and obligation for the sum of seventy dollars, to be given by him the said G. H. to one I. J., as a consideration that he the said G. H. should indemnify the said I. J. against the payment

(z) "This precedent (says Mr. Davis, Prec. p. 103) contains the substance of an indictment tried in the supreme court of Massachusetts for the county of Kennebec. The original indictment stated the manner in which this fraud was carried into effect; but it is not retained in this precedent, it being unnecessary." A similar attempt at an early period was held indictable. R. v. Skirrett, 1 Sid. 312. See Wh. Cr. L. 8th ed. & 671.

of certain notes of hand which he the said G. H. had, before the day aforesaid, made and given to one K. L.; he the said G. H. being then and there an illiterate person, and by reason thereof wholly unable to read the deed, so as aforesaid falsely and fraudulently made out and presented to him, etc.

(650) Conspiracy to induce a person of unsound mind to sign a paper authorizing the defendants to take possession of his goods.(a)

That E. C., late, etc., J. C., late, etc., and S. his wife, J. S., late, etc., W. K., late, etc., and C. C., late, etc., on the twentieth day of November, in the year of our Lord with force and

arms, at the parish of Barnes, in the county of Surrey, and within the jurisdiction of the central criminal court, unlawfully and wickedly and maliciously did conspire, combine, confederate, and agree together to defraud one J. R. of certain cattle, goods, and chattels, of great value, to wit, of the value of one hundred pounds, and then and there to obtain and acquire the same to themselves. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said E. C., J. C. the elder, and S. his wife, J. C. the younger, J. S., W. K., and C. C., otherwise called C. F., in pursuance of the said conspiracy, did, on the day and year aforesaid, at the parish and county aforesaid, and within the jurisdiction of the said court, fraudulently induce and procure the said J. R. to sign a paper writing, purporting to authorize them to take possession of and sell the said cattle, goods, and chattels, the said J. R. then and there being of unsound mind, and weak and diseased in body, and wholly incapable of understanding, and not understanding the meaning and effect of said paper writing. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said E. C., J. C. the elder, and S. his wife, J. C. the younger, J. S., W. K., and C. C., otherwise called C. F., in further pursuance of the said conspiracy, did, on the day and year aforesaid, and within the jurisdiction of the said court, with force and arms, at, etc., and under color and pretence of the said paper writing, so signed by the said J. R. as aforesaid, seize and take possession of divers cattle, goods, and chattels, to wit, one horse, one cart, five chairs, (a) 1 Cox, C. C. App. p. xxvii.

five tables, of the said J. R., of great value, to wit, of the value of one hundred pounds, and did then and there carry away, sell, dispose of, and convert the same to their own use; to the great damage of the said J. R., to the evil example of all others, and against the peace, etc.

Second count. Injuring in business.

And the jurors aforesaid, upon their oath aforesaid, do further present, that the said E. C., and J. C. the elder, and S. his wife, J. C. the younger, J. S., W. K., and C. C., otherwise called C. F., contriving to injure the said J. R., and, as much as in them lay, unlawfully to ruin him in his trade and business of a laundress which he then and there used, exercised, and carried on, and to prevent and hinder him from using, exercising, and carrying on the said trade and business in as full, ample, and beneficial a manner as he was used and accustomed to do, on the twentieth day of November, in the year of our Lord

at the parish aforesaid, in the county aforesaid, and within the jurisdiction of the said central criminal court, unlawfully, wickedly, and maliciously did conspire, combine, confederate, and agree together, with divers indirect, subtle, and fraudulent means and devices, to injure, oppress, and impoverish the said J. R. and wholly to prevent and hinder him from using, exercising, and carrying on his said trade and business of a laundress; to the great damage of the said J. R., to the evil example of all others in the like case offending, and against the peace, etc.

Third count.

And the jurors aforesaid, upon their oath aforesaid, do further present, that the said E. C., J. C. the elder, and S. his wife, J. C. the younger, J. S., W. K., and C. C., otherwise called C. F., on the day and year last aforesaid, at the parish and county aforesaid, and within the jurisdiction of the central criminal court, with force and arms, at, etc., unlawfully, wickedly, and maliciously did again conspire, combine, confederate, and agree together, by divers indirect, subtle, and fraudulent means and devices, to injure, oppress, impoverish, and wholly ruin J. R., and wholly to prevent and hinder him from carrying on his trade and business of a laundress, which he then and there exercised

and carried on; to the great damage of the said J. R., to the evil and pernicious example of all others in the like case offending, and against the peace, etc.

(650a) Conspiracy to abduct a child.

(This is the third count of the indictment for the abduction of Charlie Ross, of which the first count is given supra, 203a.) That on the said first day of July, in the year of our Lord one thousand eight hundred and seventy-four, at the county aforesaid, and within the jurisdiction of this court, William Westervelt, late of the said county, yeoman, and Mary Westervelt, late of the said county, matron, and William Mosher, late of the said county, yeoman, alias William Henderson, and Joseph Douglass, late of the said county, yeoman, alias Joseph Clark, together with divers other evil disposed persons, the names of the said other evil disposed persons being to this grand inquest as yet unknown, did unlawfully, falsely, fraudulently, wilfully, and maliciously combine, confederate, conspire, and agree together, then and there unlawfully, fraudulently, wilfully, and maliciously to decoy, entice, lead, take, and carry the said Charles Brewster Ross away and out of and from the lawful charge, care, guardianship, and possession of the said Christian K. Ross and Sarah Ann Ross, he the said Charles Brewster Ross, then and there being a minor child under the age of six years, and they the said Christian K. Ross and Sarah Ann Ross, then and there being the lawful parents and guardians of the said Charles Brewster Ross, and then and there having the lawful charge, care, and possession of the said Charles Brewster Ross as aforesaid, and then and there the said Charles Brewster Ross from his said parents and guardians unlawfully, fraudulently, wilfully, and maliciously for a long space of time to conceal and detain, and thereby then and there for a long space of time unlawfully, fraudulently, wilfully, and maliciously to deprive the said Christian K. Ross and Sarah Ann Ross of their aforesaid lawful charge, care, guardianship, and possession of the said Charles Brewster Ross, and the love, affection, and society of and communication and intercourse with the said Charles Brewster Ross, to the prejudice of the right of them the said Christian K. Ross and Sarah Ann Ross, and to the great