such witness as to any other conversation between A. and C., although the evidence should tend chiefly to criminate A. (g) count as offe offence, judgment may If upon an indictment for conspiracy, the jury find the defend- If the jury ants guilty of so much of the indictment as amounts to a misde- convict of so meanor, the court may pass judgment upon the defendants. The much of a defendants were indicted for conspiring falsely to indict A. B. for amounts to keeping a gaming-house, for the purpose of extorting money from an indictable the said A. B., and the jury found the defendants guilty of conspiring to indict A. B., for the purpose of extorting money, but be passed on not to indict him falsely; and it was held that enough of the indictment was found to enable the court to give judgment; for, in criminal cases, it is sufficient for the prosecutor to prove so much of the charge as constitutes an offence punishable by law; and the jury had found the defendants guilty of conspiring to prefer an indictment for the purpose of extorting money, and that is a misdemeanor, whether the charge were or were not false. (h) the defen dants. Where a count alleged that the defendants conspired by divers Proof of part false pretences and subtle means and devices to extort from T. E. of a count. a sovereign of his monies, and to cheat him of the same, and the evidence failed to prove any false pretences; it was held that an indictable offence was charged without reference to the false pretences, and therefore it was not necessary to prove the false pretences, but it was sufficient to prove enough to sustain the rest of the count. (i) Upon an indictment for conspiracy containing eight counts the jury found a verdict of guilty on six of the counts; there was only one conspiracy proved, but the evidence proved the allegations contained in each count: it was objected in arrest of judgment that each count charged a distinct conspiracy, and therefore as many distinct conspiracies were found as there were counts; but the Court of Queen's Bench held that the answer was, that the evidence accorded with and proved the allegations in each count, and the verdict was founded thereon; and if any count were objectionable, it must not be presumed that the defendants would ever receive any sentence in respect of any such count. (j) A verdict of guilty may be given on several counts if the evidence prove them, though only one con spiracy be shown. charge of con spiracy are bad. Where a count contains only one charge of conspiracy against Several findseveral defendants, the jury cannot find one of them guilty of ings on one more than one charge. Where, therefore, a count charged several defendants with conspiring to do several illegal acts, and the jury found one of them guilty of conspiring with some of the defendants to do one of the acts, and guilty of conspiring with others of the defendants to do another of the acts, it was held by the House of Lords that such finding was bad; as it amounted to finding that one defendant was guilty of two conspiracies, though the count charged only one. (k) So where a count charged eight defendants with one conspiracy to effect certain objects, a finding that (g) Rex v. Kroehl, 2 Stark, N. P. R. 343. (h) Rex v. Hollingberry, 4 B. & C. 329. 6 D. & R. 345. (i) Reg. v. Yates, 6 Cox, C. C. 441. Crompton, J., after consulting Coleridge, J. See Reg. v. Hudson, Bell, C. C. 263, ante, p. 121. (j) Reg. v. Gompertz, 9 Q. B. 824. It should have been added that it must not be presumed that the court would do more than impose a sentence for the one offence. (k) O'Connell v. Reg. 11 Cl. & F. 155. A general judgment on several counts, some of which are bad, and on others of which the verdict is bad, is erroneous. Punishment. Hard labour. three of the defendants are guilty generally, and that five of them are guilty of conspiring to effect some, and not guilty as to the residue of these objects, was held to be bad and repugnant; for the finding that three were guilty was a finding that they were guilty of conspiracy with the other five to effect all the objects of the conspiracy; whereas, by the finding as to the five, it appeared that those five were guilty of conspiring to effect only some of those objects. (1) Where an indictment contains several counts, one of which is bad, a general judgment for the crown, where the punishment is not fixed by law, is bad; and a bad finding on a good count is no more a warrant for a judgment on that count than a bad count. Where, therefore, an indictment for conspiracy contained some good and some bad counts, and on some of the good counts there were bad findings, and there was a judgment against each defendant that for his offences aforesaid' he should be imprisoned for a certain term, it was held by the House of Lords that each count must be considered as charging a separate offence, and that the terms his offences aforesaid must be treated as extending to all the counts on which he had been found guilty; and as some of the counts and some of the findings were bad, the judgment was altogether erroneous. (m) In former times, persons convicted of a conspiracy at the suit of the King to accuse another person of a capital offence, were liable to receive what was called the villanous judgment, that is, to lose their liberam legem, whereby they were discredited and disabled as jurors or witnesses; to forfeit their goods and chattels and lands for life; to have those lands wasted, their houses razed, their trees rooted up, and their bodies committed to prison. (n) But this judgment was not inflicted upon those who were convicted only of conspiracies of a less aggravated kind, at the suit of the party and for some time past it appears to have been the better opinion, that the villanous judgment is by long disuse become obsolete, not having been pronounced for some ages; and that the punishment for conspiracies in general is, as in the case of other misdemeanors, by fine, imprisonment, and sureties for the good behaviour at the discretion of the Court. (0) By the 14 & 15 Vict. c. 100, s. 29, whenever any person shall be convicted of any conspiracy to cheat or defraud, or to extort money or goods, or falsely to accuse of any crime, or to obstruct, (7) O'Connell v. Reg. 11 Cl. & F. 155. (n) 1 Hawk. P. C. c. 72, s. 9. 4 (0) Id. ibid. The pillory was also very commonly a part of the punishment until such punishment was abolished by the 56 Geo. 3, c. 138. See also ante, p. 100, note (p). In a case where the defendants were convicted on an information for a conspiracy to take away the character of one Kempe, and accuse him of murder, by pretended conversations and communications with a ghost that answered by knocking and scratching in Cock-lane, &c., they received the following judgment: Richard Parsons (the father of the child, who was the principal agent in the pretended communication), to stand thrice in the pillory, and be imprisoned two years; Eliz. Parsons, the mother, to be imprisoned one year; Mary Fraser, a servant, who was aiding and assisting, was sent to the house of correction to hard labour for six months; Moore, the curate of the parish, and one James, were discharged on paying the prosecutor 3007. and his costs, which were nearly as much more. Brown, who had published a narrative, and one Day, the printer of a newspaper, had previously made their peace with the prosecutor. prevent, pervert, or defeat the course of public justice, the Court may award imprisonment for any term now warranted by law, and hard labour during the whole or any part of such imprisonment. (p) We have seen that by the 24 & 25 Vict. c. 100, s. 4, provision is made for the punishment of conspiracies to murder. (9) In conclusion of this chapter, it may be mentioned, that, after a conviction for a conspiracy, the defendants must be present in Court when a motion is made on their behalf, in arrest of judgment. (r) And also, that upon a motion for a new trial, after such conviction, all the defendants must be present. (s) And it is not a sufficient excuse for absence, that they are in custody on civil process; but if they were in custody on criminal process, the case would be different, for then they might be charged with the conspiracy also. (t) But where an indictment has been removed. into the Court of King's Bench, after verdict, but before judgment, and set down for argument, it does not appear to be necessary that the defendants should appear in Court upon the argument, the proceeding being in the nature of a special verdict, and the party not being considered as convicted, until after the Court have determined upon the verdict. (u) A new trial cannot be granted as to one conspirator without granting it as to all who are convicted, though the ground on which the new trial is granted applies only to the one conspirator. (v) But where some acquitted and some convicted, a new trial may be granted, as to the latter without disturbing the verdict as to the former. (v) are The Trade Union Act, 1871, and The Conspiracy and Protection of Property Act, 1875. The earlier statutes relating to the combination of workmen were repealed by the 5 Geo. 4, c. 95. This Act was repealed by the 6 Geo. 4, c. 129, and other provisions were enacted in lieu thereof. This Act was amended by subsequent Acts. All these Acts are now repealed by 34 & 35 Vict. c. 32. By 34 & 35 Vict. c. 31, s. 1, Trade Union Act, 1871." (w) this Act may "( be cited as Conspiracios to murder. All the defendants must court upon a motion in arrest of judg new trial. be present in ment or for a The Trade Union Sec. 2. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be deemed to be unlawful, so as to render any member of such trade union liable to criminal prosecution for conspiracy or otherwise. (x) Sec. 3. The purposes of any trade union shall not, by reason merely that they are in restraint of trade, be unlawful so as to render void or voidable any agreement or trust. Sec. 5. The following Acts, that is to say: (1) The Friendly Societies Acts, 1855 and 1858, and the (2) The Industrial and Provident Societies' Act, 1867, and any Act amending the same; and (3) The Companies' Acts, 1862 and 1867, shall not apply to any trade union, and the registration of any trade union under any of the said Acts shall be void, and the deposit of the rules of any trade union made under the Friendly Societies' Acts, 1855 and 1858, and the Acts amending the same, before the passing of this Act, shall cease to be of any effect. (y) Sec. 6 provides for the registry of trade unions. Sec. 9. The trustees of any trade union registered under this Act, or any other officer of such trade union who may be authorized so to do by the rules thereof, are hereby empowered to bring or defend, or cause to be brought or defended, any action, suit, prosecution, or complaint in any court of law or equity touching or concerning the property, right, or claim to property of the trade union, and shall and may in all cases concerning the real or personal property of such trade union, sue and be sued, plead and be impleaded, in any court of law or equity, in their proper names, without other description than the title of their office; and no such action, suit, prosecution, or complaint shall be discontinued or shall abate by the death or removal from office of such persons or any of them, but the same shall and may be proceeded in by their successor or successors as if such death, resignation, or removal had not taken place; and such successors shall pay or receive the like costs as if the action, suit, prosecution, or complaint had been commenced in their names for the benefit of or to be reimbursed from the funds of such trade union, and the summons to be issued to such trustee or other officer may be served by leaving the same at the registered office of the trade union. Sec. 18. If any person with intent to mislead or defraud gives to any member of a trade union registered under this Act, or to any person intending or applying to become a member of such trade union, a copy of any rules or of any alterations or amendments of the same other than those respectively which exist for the time being, on the pretence that the same are the existing rules of such trade union, or that there are no other rules of such trade union, or if any person with the intent aforesaid gives a copy of any rules to any person on the pretence that such rules are the rules of a trade union registered under this Act which is not so registered, every person so offending shall be deemed guilty of a misdemeanor. Sec. 23. In this act (yy) the term 'trade union,' means such combination, whether temporary or permanent, for regulating the rela registered, which insures or pays money on the death of a child under ten years of age, shall be deemed to be within the provisions of sec. 28 of the Friendly Societies Act, 1875. (y) See Farrer v. Close, 38 L. J. M. C. 132; see 38 & 39 Vict. c. 22. (yy) By 39 & 40 Vict. c. 22, s. 16, so much of the above 23rd section as defines the term trade union, except the proviso qualifying such definition, is hereby repealed, and in lieu thereof be it enacted as follows: The term 'trade union' means any combination, whether temporary or permanent, for regulating the relations between workmen and masters, or between workmen and workmen, or between masters and masters, or for imposing restrictive conditions on the conduct of any trade or business, whether such combination would or would not, if the principal Act had not been passed, have been deemed to have been an unlawful combination by reason of some one or more of its purposes being in restraint of trade. tions between workmen and masters, or between workmen and 1. Any agreement between partners as to their own. 2. Any agreement between an employer and those employed 3. Any agreement in consideration of the sale of the By 38 & 39 Vict. c. 86. Sec. 1. This Act may be cited as the Conspiracy and Protection Conspiracy and of Property Act, 1875. Protection of Sec. 2. This Act shall come into operation on the 1st day of 1875. September, 1875. spiracy in Sec. 3. An agreement or combination by two or more persons Amendment of to do or procure to be done any act in contemplation or fur- law as to contherance of a trade dispute between employers and workmen shall trade disnot be indictable as a conspiracy if such act committed by one putes. person would not be punishable as a crime. Nothing in this section shall exempt from punishment any persons guilty of a conspiracy for which a punishment is awarded by any Act of Parliament. Nothing in this section shall affect the law relating to riot, unlawful assembly, breach of the peace, or sedition, or any offence against the State or the Sovereign. A crime for the purposes of this section means an offence punishable on indictment, or an offence which is punishable on summary conviction and for the commission of which the offender is liable under the statute making the offence punishable to be imprisoned either absolutely or at the discretion of the Court as an alternative for some other punishment. Where a person is convicted of any such agreement or combination as aforesaid to do or procure to be done an act which is punishable only on summary conviction, and is sentenced to imprisonment, the imprisonment shall not exceed three months, or such longer time, if any, as may have been prescribed by the statute for the punishment of the said act when committed by one person. Sec. 4. Where a person employed by a municipal authority or Breach of by any company or contractor upon whom is imposed by Act of contract by Parliament the duty, or who have otherwise assumed the duty persons employed in of supplying any city, borough, town, or place, or any part thereof, supply of gas with gas or water, wilfully and maliciously (2) breaks a contract or water. of service with that authority or company or contractor, knowing or having reasonable cause to believe that the probable consequences of his so doing, either alone or in combination with others, will be to deprive the inhabitants of that city, borough, town, (z) See sec. 15, post, p. 165. VOL. III. M |