by, to extort, gain, and obtain from him the said A. H., chattels, moneys, and valuable securities of him, the said A. H., the kind, character, description, and value of said chattels, moneys, and valuable securities being to said jurors unknown, and with intent, then and there and thereby, to gain other pecuniary advantages of said H., the exact nature of which is to the grand jurors unknown, and cannot be given.(k) (Conclude as in book 1, chapter 3.) (975g) Demanding property with menaces with intent to steal, under English statute. Feloniously with menaces (or by force, or with menaces and by force) did demand of J. N. certain money (or a certain watch, etc.), the property of him the said J. N., with intent the said money, from the said J. N. feloniously to steal, take, and carry away; against, etc.(l) (Conclude as in book 1, chapter 3.) 542 (k) Kistler v. State, 54 Ind. 400. CHAPTER VIII. OFFENCES AGAINST FOREIGN MINISTERS. (976) Assault on a foreign minister. (977) Contempt of the person of a foreign minister, by threatening bodily harm to another in his presence. (978) Arresting a foreign minister. (979) (980) (981) Second count. Imprisoning same. Third count. Third count. Same stated more specially. (982) Issuing process against a foreign minister. (983) Opening and publishing letter of foreign minister. (976) Assault on a foreign minister.(a) That A. B., late of, etc., on, etc., at, etc., and within the jurisdiction of this court, with force and arms, in and upon one C. D., then and there being a public minister, to wit, did make an assault, and him the said C. D., then and there being such public minister as aforesaid, did then and there strike and wound, and other wrongs to the said C. D. then and there did, contrary, etc., and against, etc. (Conclude as in book 1, chapter 3.) Second count. That A. B., late of, etc, heretofore, on, etc., at, etc., and within the jurisdiction of this court, with force and arms, in and upon one C. D., then and there being a public minister, to wit, the in the United States of America, duly recognized and received as such by the president of the said United States, did make an assault; and him the said C. D., then and there being such public minister aforesaid, did then and there strike and wound, and other wrongs to the said C. D. then and there did, to the great damage of the said C. D., against, etc., and against, etc. (Conclude as in book 1, chapter 3.) (a) Wh. Cr. L. 8th ed. § 1899. Third count. (Like second count, substituting): "duly received and recognized as such by the department of state of the said United States," for " duly recognized and received as such by the president of the said United States." Fourth count. That the said A. B., late of, etc., heretofore, to wit, on, etc., at, etc., and within the jurisdiction of this court, with force and arms, in and upon one C. D., then and there being a public minister, to wit, the in the United States of America, did make an assault; and him the said C. D., then and there being such public minister aforesaid, did then and there strike and wound, and did then and there infract the law of nations, by offering violence to the person of the said C. D., so being such public minister as aforesaid, and other wrongs to the said C. D. then and there did, to the great damage of the said C. D., contrary, etc., and against, etc. (Conclude as in book 1, chapter 3.) Fifth count. (Like fourth count, except before): "did make an assault, and him the said then and there," etc., insert" duly received and recognized as such by the president of the United States." Sixth count. (Like fourth count, omitting the charge of): "strike and wound," etc. Seventh count. (Same as sixth count, inserting before): "did make an assault,” etc.," duly received and recognized as such by the president of the United States." Eighth count. That the said A. B., late of, etc., heretofore, on, etc., at, etc., and within the jurisdiction of this court, with force and arms, did infract the law of nations, by offering violence to the person of one C. D., the said C. D. then and there being a public minister, to wit, the in the United States of America, to the great damage of the said C. D., against, etc., and against, etc. (Conclude as in book 1, chapter 3.) Ninth count. (Same as eighth count, inserting after): "in the United States of America," and before "to the great damage of the said," etc., "duly received and recognized as such by the president of the said United States." (For final count, see 17, 18, 181, n., 239, n.) (977) Contempt of the person of a foreign minister, by threatening bodily harm to another in his presence.(b) That C. and L., late, etc., on, etc., at, etc., in the dwellinghouse of his excellency the French minister plenipotentiary, in the presence of F. B. M., unlawfully and insolently did threaten and menace bodily harm and violence to the person of the said F. B. M, he being consul-general of France to the United States, consul for the state of Pennsylvania, secretary of the French legation, etc., resident in the house aforesaid, and under the protection of the law of nations and this commonwealth, against, etc. (Conclude as in book 1, chapter 3.) (For final count, see 17, 18, 181, n., 239, n.) (978) Arresting a foreign minister.(c) That P. R. B., late of, etc., on, etc., at, etc., did imprison one L. B., he the said L. B. then and there being a public minister, (b) Res. v. De Long Champs, 1 Dall. 111; Wh. Cr. L. 8th ed. § 1899. (c) U. S. v. Benner. This indictment was drawn by Mr. G. M. Dallas in 1830, and was sustained in 1 Bald. 234. See Wh. Cr. L. 8th ed. §§ 87, 649, On a motion for arrest of judgment, Mr. Justice Baldwin said :"The reasons are two: 1899. "1. That the only count on which the verdict is given against the accused does not describe him as an officer; does not charge him with having executed process, nor state any offence against any act of congress or law of the United States. 2. That the said count does not state that a public minister of any foreign power or state, authorized and received as such by the president of the United States, was imprisoned, or was or might have been arrested or imprisoned. "The act of congress upon which this indictment is framed provides, in its different sections, for different classes of cases, and the counts of the indictment are made to meet the different provisions of these sections. The twenty-fifth section enacts, that, if any writ or process shall be sued forth or prosecuted in any of the courts of the United States, or of a particular state, whereby the person of any ambassador, or other public minister of any foreign prince or 545 VOL. II.-35 to wit, the secretary of the legation from his majesty the king of Denmark, near the United States of America, in manifest, state, authorized and received as such by the president of the United States, may be arrested or imprisoned, etc., such writ or process shall be adjudged to be utterly null and void. "The twenty-six section enacts, that in case any person or persons shall sue forth or prosecute any such writ or process, such person or persons, and all attorneys or solicitors prosecuting or soliciting in such case, and all officers executing any such writ or process, being thereof convicted, etc. "The twenty-seventh section enacts, that if any person shall violate any safe conduct, or passport duly obtained, and issued under the authority of the United States, or shall strike, wound, imprison, etc., by offering violence to the person of an ambassador or other public minister, such person, etc. "The twenty-fifth and twenty-six sections afford protection and redress for public ministers, authorized and received as such by the president of the United States, and against arrest and imprisonment under and by virtue of any writ or process, sued forth and prosecuted in any court of the United States, or of a particular state, or by any judge or justice therein, and all the counts in this indictment intended to charge an offence in violation of these sections, do state that L. B. was a public minister, authorized and received as such by the president of the United States; that a writ was sued forth against him from an alderman of the city of Philadelphia, and that the defendant, being an officer, did execute the said writ, and thereby arrest the person of the said L. B.; upon these counts the defendant is acquitted by the verdict of the jury. "The twenty-seventh section of the act is intended to cover other cases not described in the preceding sections, and makes it penal for any person to imprison the person of a public minister, although he may not be authorized and received as such by the president of the United States, and although the person who thus offers violence to his person be not an officer, and does it not by virtue of any writ or process from any court, judge, or justice. The count on which the defendant has been convicted, charges the offence punishable under this section of the act; which does not require that the defendant should be an officer having executed process, nor that the public minister, who was imprisoned, should have been authorized and received as such by the president of the United States. "The reasons for a new trial will now be considered. "The second count on which the defendant has been convicted relates to the same transaction, and the same public minister as the first, of which he is acquitted, and differs from it only in describing the minister as an attache to the legation of Denmark, and the first calls him the secretary of the legation; but it was the clear right of the jury, and so it was given them in charge, to find a general verdict of guilty, leaving it to the court to apply it to the counts in the indictment, or to select for themselves the count on which they would render the verdict, as in their opinion the evidence might warrant. If the count were bad in itself, such a verdict could not be maintained; but it is no objection to it, that it is substantially the same with another count on which the defendant has been acquitted, for the different counts of an indictment always relate to the same transaction, describing it in different ways, or with different circumstances, that the jury may apply their verdict to all or either of them, as the evidence shall warrant; or if the verdict be generally guilty, the application of it is made by the court. No injury or injustice is done to the defendant, who is put but once on his trial for the same offence. The jury, in this case, have not selected the count for their verdict of conviction to which the evidence most particularly applies; but this was for them to judge of, and is no cause of com |