who are conducting the business of the several lines at Pittsburg, whose names are thereunto annexed, and, by the said preamble and constitution, it was provided that "the Board shall fix the time for the delivery of goods at their destination, and the rates of freight on all goods going eastward, such rates affording a fair remuneration to the transporters, without imposing any oppressive rate on the public; and no member of this Board, proprietor, agent, clerk, or any other person, shall, by agreement or otherwise, either directly or indirectly, forward or offer to forward freight of any description at a less rate, or shorter time, than that agreed on previously, and fixed by the Board;" and, in another part of the same preamble and constitution, it was declared that "any arrangement or contract for freight that will in any way reduce the amount below the regular established rate, shall be considered a direct violation of the constitution ;" and the preamble and constitution provided that "no proprietor, agent, clerk, or any person for them, shall make contracts for goods coming westward at any rate or rates less than those established at the place of shipment, and recognized and agreed on by the partners of the several transportation companies herein concerned;" and the said A., B., C., D., E., F., G., H., and I., in pursuance of the said unlawful conspiracy, combination, and agreement, did refuse, and for a long time continued to refuse, to work and labor in the business and occupation aforesaid, except at the rates and prices fixed and established by the aforesaid Board; which said conspiracy, so as aforesaid carried into execution, is of grievous prejudice to the common and public good and welfare, of evil example, &c., and against, &c. (Conclude as in book 1, chap. 3.)

Third count.

That the said A., B., C., D., E., F., G., H. and I., being engaged in the carriage for hire of goods, wares and merchandise on the Pennsylvania Canal, and the several railways connected therewith, forming a line of communication between the Cities of Philadelphia and Pittsburg in said commonwealth, and not being content with the usual rates and prices for which they and others were accustomed to work and labor in the said business and occupation, but contriving and intending unjustly and oppressively to increase and augment said rates and prices, to counteract the effect of free competition on the speed and price of transportation, and thereby to exact and procure great sums of money from the citizens of this commonwealth, and from all others having goods, wares or merchandise to be transported on the said canal and railways, did, on the day and year aforesaid combine, conspire, confederate and unlawfully agree together, to raise and keep up the prices and rates of transportation as aforesaid; to the grievous prejudice of the common and public good and welfare, of evil example, &c., and against, &c. (Conclude as in book 1, chap. 3.)

Fourth count.

That the said A., B., C., D., E., F., G., H. and I., being canal transporters as aforesaid, and designing and intending to form and unite themselves into an unlawful club and combination, and to make and ordain unlawful and arbitrary rules and orders amongst themselves, and thereby to govern themselves in their said business as canal transporters, and unlawfully and unjustly to exact and extort great sums of money by means thereof, on the day and year aforesaid, with force and arms at the county aforesaid, did unlawfully assemble and meet together, and being so met together did then and there unjustly. and corruptly combine, conspire, confederate and agree, that none of them the said conspirators would thereafter transport or carry any goods, wares, merchandise or other freight on the Pennsylvania Canal, and the several railways connected therewith, forming a line of communication between the Cities of Philadelphia and Pittsburg, at a less rate, or in a shorter time than

should have been previously fixed, agreed upon and allowed by the said conspirators; to the great prejudice of the common and public good and welfare, to the evil example, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(659) Conspiracy to charge a man with a crime.(0)

That J. S., late of, &c., laborer, and A. his wife, and J. W., late of, &c., carpenter, and E. W., late of, &c., laborer, being evil disposed persons, and wickedly devising and intending not only to deprive one J. N. of his good name, fame, credit and reputation, but also to subject him as far as in them lay to the pains and penalties by the laws of his kingdom made and provided against and inflicted upon persons guilty of (rape), on, &c., with force and arms, at, &c., did amongst themselves, conspire, combine, confederate and agree together, falsely to charge and accuse the said J. N., that he the said J. N. had then lately before (feloniously ravished and carnally known the said A., violently and against her will and consent). That the said J. S. and A. his wife, and J. W. and E. W., afterwards, to wit, on, &c., at, &c., in pursuance of and according to the said conspiracy, combination, confederacy and agreement among themselves had as aforesaid (here set out the overt acts as in precedents above; see ante, p. 447, et seq.; introducing the second and each of the subsequent acts thus): That in further pursuance of and according to the said conspiracy, combination, confederacy and agreement amongst them, the said J. S. and A. his wife, and J. W. and E. W. had as aforesaid, they the said, &c., on, &c., at, &c., (continuing the indictment from the above asterisk, as thus): falsely and unlawfully in the presence and hearing of divers persons, did charge and accuse the said J. N. with and of the rape aforesaid. That in further pursuance of and according to the said conspiracy, combination, confederacy and agreement amongst them the said J. S. and A. his wife, and J. W. and E. W. had as aforesaid, she the said A. afterwards, to wit, the day and year aforesaid, at the parish aforesaid in the county aforesaid, did upon her oath falsely charge and accuse the said J. N. before A. C., Esq., when and yet being one of the justices of, &c., in and for the county aforesaid, and also to hear and determine divers felonies, trespasses and other misdeeds committed in the said county, that he the said J. N. had then lately before feloniously ravished and carnally known her the said A., violently and against her will and consent. That in further pursuance of and according to the said conspiracy, combination, confederacy and agreement amongst them, the said J. S. and A. his wife, and J. W. and E. W. had as aforesaid, she the said A., by the name of A. the wife of J. S., afterwards, to wit, at the General Quarter Sessions of the peace of our said lady the queen, holden at the New Sessions House, on Clerkenwell Green, in and for the County of Middlesex aforesaid, on, &c., before A. B. and C. D., Esqrs., and others their associates, justices of our said lady the queen, assigned to keep the peace of our said lady the queen in and for the county aforesaid, and also to hear and determine divers felonies, trespasses and other misdeeds committed in the said county, did falsely exhibit a certain bill, commonly called a bill of indictment, against the said J. N., by the name and addition of J. N., late of the Parish of C., in the County of M., yeoman, to P. C., Esq. (here insert the names of the grand jurors to whom the indictment for rape was exhibited), good and lawful men of the said county, then and there sworn and charged to inquire for, &c., for the body of the said county; which said bill was by the said jurors then and there returned into the said court, before

(0) This is taken from Archbold's C. P. 5th Am. ed. 672. See for conspiracy to charge a man with forgery, 4 Went. 86; Capital offence generally, post, 671; sodomy, C. Cir. Com. 126, post, 662; larceny, C. Cir. Com. 135; 3 Burr. 1320; receiving stolen goods, C. Cir. Com. 125, post, 661; poisoning horses, 4 Went. 98.

the justices of, &c., last aforesaid, and others their fellows aforesaid, thus indorsed: "not found;" which said bill is in these words, that is to say (here set out the indictment verbatim, and you may then add, "with intent to obtain and acquire to them the said J. S. and A. his wife, and the said J. W. and E. W. of and from the said J. N., divers sums of money for compounding the said pretended felony and rape so falsely charged upon the said J. N. as aforesaid ;" if this be the fact, and that there will be no difficulty in proving it); to the great damage, &c., to the evil example, &c., and against, &c. (Conclude as in book 1, chap. 3.)

(660) Conspiracy to charge a man with receiving stolen goods, knowing them to be stolen, and obtaining money for compounding the same. (p)

The jurors, &c., upon their oath present, that A. B. and C. D., both of, &c., laborers, wickedly and maliciously devising and intending one E. F. unjustly to deprive of his good name and character, and also fraudulently to obtain and acquire to themselves, of and from the said E. F., divers sums of money, on, &c., at, &c., in the county aforesaid, did wickedly, fraudulently, and maliciously conspire, combine, confederate, and agree among themselves, falsely to charge. and accuse, and, in pursuance of said conspiracy, combination, confederacy, and agreement, did then and there falsely charge and accuse the said E. F. that he had then lately before received certain stolen goods, which had then lately before been feloniously stolen, taken, and carried away, knowing them to be stolen; and that they the said A. B. and C. D., by divers threats and menaces of them the said A. B. and C. D., made and uttered in pursuance of the said conspiracy, combination, confederacy, and agreement aforesaid, so as aforesaid had between them the said A. B. and C. D., that the said E. F. should be prosecuted and punished as a receiver of stolen goods, knowing them to be stolen, afterwards, to wit, on the said in the year aforesaid, at B. aforesaid, in the county aforesaid, did demand, receive, and take the sum of fifty dollars of him the said E. F., for and as a composition of and agreement not to prosecute the said pretended offence, and to discharge him the said E. F. from all further prosecution for the same.

day of

(661) Conspiracy to charge a man with receiving stolen goods, and thereby obtaining money for compounding the same, and causing him to lay out a sum of money for the entertainment of the conspirators at one of their houses. (q)

That A. B., late of, &c., gentleman, and C. D., late of, &c., laborer, being ill-disposed persons, and wickedly devising and intending one M. N. not only of his credit and good reputation unjustly to deprive, but also to obtain and acquire to themselves, of and from the said M. N., divers large sums of money, on, &c., with force and arms, at, &c, * did amongst themselves conspire, combine, confederate, and agree falsely to charge and accuse the said M. N. with having lately before then received stolen goods. The said A. B. and C. D., afterwards, to wit, on, &c., according to the said conspiracy, combination, con(p) Davis' Prec. 100.

In Com. v. Tibbetts, 2 Mass. 536, an indictment of a character very similar to this was sustained. There were, it is true, several additional overt acts, but, as they were imperfectly set out, they were discharged by the court as surplusage.

When the object of the combination is to indict the prosecutor, it is not necessary to show with what particular offence it was intended to charge him, but it will suffice to say that they conspired to indict him of a crime punishable by the laws of the country, and then it may be alleged that they, according to the conspiracy, did falsely indict him; R. v. Spragge, 2 Burr. 993; nor is it necessary to aver that the man is innocent of the offence; R. v. Kinnersley, 1 Str. 103; for he shall be presumed to be innocent until the contrary appear; see R. v. Best, 1 Salk. 174; R. v. Spragge, 2 Burr. 993.

(q) Stark. C. P. 468.

federacy and agreement between themselves before had as aforesaid, falsely, wickedly, and for the sake of lucre and gain, did in the presence and hearing of divers persons charge and accuse him the said M. N., that he the said M. N. had bought hats that were stolen, knowing them to have been stolen, and that they the said A. B. and C. D. did then and there falsely pretend and affirm to the said M. N. that a bill of indictment had been found at the general session of the peace, holden at the Quarter Sessions in and for the said county, on, &c., then last, against the said M. N. for receiving stolen goods, knowing the same to have been stolen; whereas in truth and in fact there was not at the time of such charge and accusation, nor at any time before or since, any bill or bills of indictment whatsoever in any manner found against the said M. N., for the said supposed offence so falsely charged upon him, or for any such like crime; and whereas in truth and in fact the said M. N. was never guilty of the said supposed offence, or any other offence of that kind.

And the jurors aforesaid, upon their oath aforesaid, do further present, that by the said false accusations and by divers threats, menaces, and allegations of them the said A. B. and C. D. then and there uttered and made, that he the said M. N. should be transported into parts beyond the seas for the said pretended offence, they the said A. B. and C. D. did then and there demand, receive and take of the said M. N. one piece of gold coin, of the proper coin of this realm, called a guinea, for and as a compensation and agreement of the said pretended offence, and to discharge the said M. N. from all further prosecution for the same; and they the said A. B. and C. D. did also then and there, by the false and wicked pretences aforesaid, unlawfully cause and procure the said M. N. to expend and lay out, and the said M. N. did expend and lay out twenty-three shillings, of lawful money of Great Britain, at the dwelling-house of the said A. B. in wine and other liquors, in the company and for the entertainment of them the said A. B. and C. D., to the great damage, infamy and disgrace of the said M. N., and against, &c. (Conclude as in book 1, chap. 3.)

(662) Conspiracy to charge a man with an unnatural crime, and thereby to obtain money.(r)

(Commencement as in the last precedent to the *.) Did amongst themselves conspire, combine, confederate and agree falsely to charge and accuse the said M. N., that he the said M. N. then lately before had committed the crime of sodomy, commonly called buggery, with him the said A. B. And the jurors aforesaid, upon their oath aforesaid, do further present, that the said A. B. and C. D., afterwards, to wit, on, &c., at, &c., according to the conspiracy, combination, confederacy and agreement between them as aforesaid had, falsely, unlawfully and wickedly did charge and accuse the said M. N., that he the said M. N. then lately before had committed the crime of sodomy, commonly called buggery, with him the said A. B.; whereas, in truth and in fact the said M. N. was never guilty of the said crime, or of any crime of the like nature; and that they the said A. B. and C. D., in pursuance of and according to the conspiracy, combination, confederacy and agreement between them as aforesaid had, afterwards, to wit, on, &c., at, &c., unlawfully, wickedly and unjustly did obtain, acquire and get into their hands and possession the sum of five pounds of lawful money of Great Britain, of the moneys of the said M. N., of and from the said M. N., under the aforesaid false color and pretence, and also under color and pretence of concealing the said supposed crime, and for not prosecuting the said M. N. for the same, to the great damage of the said M. N., and against the peace, &c. (Conclude as in book 1, chap. 3.)

(r) Stark. C. P. 469.

Second count.

That the said A. B. and C. D., on, &c., with force and arms, at, &c., wickedly, unlawfully and for lucre and gain sake, did threaten the said M. N., that unless he the said M. N. would give them the said A. B. and C. D. five pounds, they the said A. B. and C. D. would swear sodomy (meaning the detestable crime of sodomy, called buggery), against him the said M. N.; whereas, in truth and in fact the said M. N. was never guilty of the crime of sodomy, or of any such crime. And that the said A. B. and C. D. afterwards, to wit, on the same day and year aforesaid, at the parish aforesaid, in the county aforesaid, by means of the threatening aforesaid, unlawfully, wickedly and injuriously did obtain, acquire and get to themselves, of and from the said M. N., five pounds of lawful money of Great Britain, of the moneys of the said M. N. (Conclude as in book 1, chap. 3.)

(663) Conspiracy to extort money generally by criminal prosecution. First count, charging a conspiracy to extort, by commencing and continuing a prosecution.(s)

That the defendants, intending unlawfully, fraudulently and deceitfully to extort, obtain and procure of and from the prosecutor a large sum of money for their own use, on, &c., at, &c., did corruptly and unlawfully conspire together to extort, obtain and procure of and from the prosecutor, a large sum of money for their use, and in order to extort, obtain and procure the same, did corruptly and unlawfully conspire to indict the prosecutor for having kept a common gaming-house, &c. That defendants, in furtherance of their conspiracy, afterwards, to wit, on, &c., at, &c., at the Quarter Sessions, &c., did falsely exhibit and cause to be exhibited, a certain bill of indictment against the prosecutor, and afterwards, in pursuance, &c., did corruptly, wilfully and wickedly procure and cause the said bill of indictment to be returned a true bill, and that defendants, in further pursuance, &c., afterwards, to wit, on, &c., at, &c., in the Court of K. B. did falsely exhibit and cause to be exhibited, a certain bill of indictment against the prosecutor, and did afterwards, in pursuance, &c., corruptly, wilfully and wickedly procure and cause the said bill of indictment to be returned a true bill. That the defendants, in pursuance, &c., afterwards, to wit, on, &c., at, &c., did unlawfully and wilfully endeavor to obtain and procure of and from the prosecutor, a large sum of money as and for a consideration or recompense to them for compromising and suppressing the said indictments, and giving up the further prosecution thereof.

(s) R. v. Hollingberry, 6 D. & R. 345. Motion for a new trial and in arrest of judgment, was refused after a conviction.

Abbott C. J.: "The indictment, in my opinion, most clearly charges a legal offence, and an attempt to commit it by illegal means. I consider the very term 'extort,' necessarily to imply the adoption of illegal means; the third count, therefore, is undoubtedly good, because that states only that the defendants unlawfully conspired to extort money from the prosecutor by offering to suppress an indictment pending against him, if he would give them a sum of money as a consideration for so doing. The first two counts certainly charge that the defendants conspired falsely to exhibit indictments against the prosecutor. If that must be construed to mean that they conspired to exhibit false indictments against him, there is a variance, because the jury have expressly found that the indictments were not false. But, as it seems to me, that allegation may fairly be construed to mean, and I believe that it really did mean that the defendants falsely exhibited the indictments; that is, exhibited them not for the purposes of justice, but for false and wicked purposes of their own; which, whether true or not, is an immaterial allegation, because the question was, whether they exhibited them illegally with an illegal intent, and for an illegal purpose, which the jury, after full consideration, have found that they did."