nares Sot Bene eee spree ee Dobe : Sapna ae ‘ a ae san A a eats eee Pore anh rupee ta : Repair oe : aire apy rare Pare : en eae ee ene Spier eo me barter x ror o i nares Pee oat snc pie “i eres sonny Bay te a mente a f sae eran ee : Bee ire - im Rae rs cats eva ee nis ees Cornell Law School Library Cornell University Libra selection of adjudicated criminal for: A SELECTION OF ADJUDICATED CRIMINAL FORMS AND PRECEDENTS OF INDICTMENTS AND INFORMATIONS ADAPTED TO USE IN THE SEVERAL STATES BY an€ on JAMES M. KERR SAN FRANCISCO, CALIFORNIA, BENDER-MOS$s CO. 1918. CoPpyRiIGHtT, 1918 By BENDER-Moss COMPANY CONSPECTUS. CHAPTER IL. INDICTMENT GENERALLY. I, Tue Caption. Common Law, Form Nos. 1, 2. Under Statute. Indiana, Form No. 3. Michigan, Form No. 4. Missouri, Form No. 5. New Jersey, Form No. 6, Vermont, Form No. 7. It. Inpicrment PRoper. 1. Common Law, Form Nos. 8, 9. 2. Under Statute. Alabama, Form No. 10. Arizona, Form No. 11. Arkansas, Form No. 12. California, Form Nos. 13, 14, Colorado, Form Nos. 15, 16. Connecticut, Form No. 17. Delaware, Form No. 18. District of Columbia, Form No. 19, Florida, Form No. 20. Georgia, Form No. 21, Idaho, Form No. 22. Illinois, Form No. 23. Indiana, Form Nos. 24, 25. Kansas, Form No. 26. Kentucky, Form No, 27, Louisiana, Form No. 28. Maine, Form No. 29. Maryland, Form No. 30. (v) VI CONSPECTUS. IY. Invicrment Proper—Continued. Massachusetts, Form No. 31. Michigan, Form No. 32. Minnesota, Form Nos. 33, 34 Mississippi, Form No. 35. Missouri, Form Nos. 36, 37. Montana, Form No. 38. Nebraska, Form Nos. 39, 40. Nevada, Form No. 41. New Hampshire, Form No. 42, New Jersey, Form No. 43. New Mexico, Form Nos. 44, 45. New York, Form No. 46. North Carolina, Form Nos. 47, 48 North Dakota, Form No. 49, Ohio, Form No. 50. Oklahoma, Form Nos. 51, 52. Oregon, Form Nos. 53, 54. Pennsylvania, Form No. 55. Rhode Island, Form No. 56. South Carolina, Form No. 57. South Dakota, Form No. 58, Tennessee, Form No. 59. Texas, Form Nos. 60, 61, Utah, Form No. 62. _ Vermont, Form No. 63. Virginia, Form Nos. 64-65a. Washington, Form No. 66. West Virginia, Form No. 67. Wisconsin, Form Nos. 68, 69, Wyoming, Form No. 70. 8. Federal Courts. Colorado, Form No. 71. District of Columbia, Form No. 72, Iowa, Form No. 73. Massachusetts, Form No. 74. New York, Form No. 75. Pennsylvania, Form No. 76. South Carolina, Form No. 77. Wyoming, Form No. 78. CONSPECTUS. Il. Invictment Proper—Continued. 4. Containing More Than One Count. Form Nos. 79-87. 5. Against Corporations. Form No. 88. 6. Attempts to Commit Crime. Connecticut, Form No. 89. Indiana, Form Nos. 90-92. Massachusetts, Form No. 93, Missouri, Form No. 94, IE. InporsEMeEnts. 1. In General. California, Form No. 95. Colorado, Form No. 96. Delaware, Form No. 97, Florida, Form No. 98. Georgia, Form No. 99. Idaho, Form No. 100. Indiana, Form No. 10L Iowa, Form No. 102. Kansas, Form No. 103. Minnesota, Form No. 104 Mississippi, Form No. 105. Nebraska, Form No. 106. Montana, Form No. 107. North Dakota, Form No. 108, Ohio, Form No. 109. Oregon, Form No. 110. South Dakota, Form No. 111, Texas, Form No. 112. Vermont, Form No. 113. Virginia, Form No. 114. Washington, Form No. 115. 2. A True Bill. Form No. 116. 8. Arraignment and Plea. a. As to Generally, Form No. 117. b. Formal Arraignment Waived, Form No. 118, VIII CONSPECTUS. III. Inporsements—Continued. 4. Bill of Costs. Form No. 119. 5. Certificates. a. Authenticating a Copy. Alabama, Form No. 120. Colorado, Form No. 121. Texas, Form No. 122. b. Authenticating the Original, California, Form No. 123, 6. Names of Petit Jurors. Form No. 124. 7. Name of Prosecuting Attorney. Form No. 125. 8. Name of Prosecutor. Alabama, Form No. 126, Missouri, Form No. 127. Washington, Form No. 128, 9, Names of Witnesses. Arkansas, Form No. 129. California, Form No. 130. Colorado, Form No. 131. Florida, Form No. 132. Idaho, Form No. 133. Indiana, Form No. 134. Mississippi, Form No. 135. Montana, Form No. 136. North Carolina, Form No. 187, South Dakota, Form No. 138. Texas, Form No. 139. Virginia, Form No. 140. Washington, Form No. 141, 10. Presentment and Filing. Alabama, Form No. 142. California, Form No. 143. Minnesota, Form No. 144. Mississippi, Form No. 145, Montana, Form No. 146. Oklahoma, Form No. 147. 1 CONSPECTUS. bv. III. InporsEMENTS—Continued. Washington, Form No. 148, General Form No. 149. 11, Recording. Arkansas, Form No. 150. Indiana, Form No. 151, 12. Bench-Warrant Order. Iowa, Form No. 152. 13. Bail Order. Kansas, Form No. 153, 14. Waiver of Indictment. Georgia, Form No. 154. 15. Waiver of Copy of Indictment. Georgia, Forms Nos. 155, 156. IV. AmeEnbinG INDICTMENT or INFORMATION, 1. Order Allowing Amendment. Texas, Form No. 157. 2. The Amendment. Texas, Form No. 158. 3. Entering True Name. Arkansas, Form No. 159. V. Orperine New InpictMenT on INFORMATION, Alabama, Form No. 160. CHAPTER I. INDICTMENT OR INFORMATION—SPECIFIC CRIMES, I, AspucTion. 1. Taking and Compelling Woman to Marry. Missouri, Form Nos. 161, 162. 2. Taking Woman with Intent to Compel Her to Marry, Alabama, Form No. 163. Colorado, Form No. 164. New York, Form No. 165, Virginia, Form No. 166. West Virginia, Form No. 167, x! CONSPECTUS. I. Aspuction—Continued. 3. Taking and Compelling Woman to Be Defiled. California, Form Nos. 168, 169. 4, Taking Woman with Intent to Compel Her to Be Defiled. California, Form Nos. 170, 171. Colorado, Form No. 172. Illinois, Form No. 173. Kentucky, Form Nos. 174, 175. Virginia, Form No. 176. West Virginia, Form No. 177. 6. Detaining Woman with the Intent to Marry Her. Colorado, Form Nos. 178, 179. Kentucky, Form Nos. 180, 181. Minnesota, Form No. 182. New York, Form No. 183. Texas, Form No. 184. Virginia, Form Nos. 185, 186. 6. Detaining Woman with Intent to Cause Her Defilement. England, Form Nos. 187, 188. Colorado, Form No. 189. Illinois, a. Detention for Prostitution. Form Nos. 190, 191. b. Attempting to Prevent Escape. Form No. 192. ce. By Inducing Her to Believe She Is in Respectable House, Form Nos, 193-195, anaes Form No. 196. Minnesota, Form No. 197. Texas, Form Nos. 198, 199. 7. Taking Woman to House of Ill-Fame or Place of Like Character. a, In General, England, Form No. 200, Colorado, Form No. 201. Illinois, Form Nos. 202, 203. Louisiana, Form No. 204. orem ier CONSPECTUS. aI I. Aspuction—Continued. b. For Purpose of Prostitution or Defilement. England, Form No. 205. Arkansas, Form No. 206, Florida, Form No. 207. Indiana, Form Nos. 208, 209. Iowa, Form No. 210. Michigan, Form Nos. 211-2138. Missouri, Form No. 214. Nebraska, Form No. 215. New York, Form Nos. 216, 217. e. Aiding and Assisting in Such Taking, General Form No. 218. 8. Taking Girl from Her Lawful Custodian. England, Form No. 219. Kentucky, Form No. 220. North Carolina, Form No. 221, Ohio, Form Nos. 222, 223. South Carolina, Form Nos. 224, 225. Virginia, Form No. 226. 9. Taking Girl for Purpose of Prostitution, ete., Without the Consent of Her Parents or Lawful Custodian, England, Form No. 227. California, Form Nos. 228, 229, Missouri, Form No. 230. New York, Form Nos. 231, 232. Oregon, Form Nos. 233, 234. South Carolina, Form No. 235, Texas, Form Nos. 236, 237, Virginia, Form No. 238. IL. Azortion. 1. At Common Law. A. In General—Assault. General form, Form No. 239, B. Murder of Child. General form, Form No. 240, C. Murder of Mother. General form, Form No. 241. x CONSPECTUS. II. Azortion—Continued. 2. Under Statute. A. Procuring Miscarriage. a. In General. California, Form No. 242. Maryland, Form No. 243. Minnesota, Form Nos, 244, 245. b. Before Quick with Child. Arkansas, Form No. 246. ce. Woman Procuring or Attempting to Pro- duce Her Own Miscarriage. i, In General. California, Form No. 247. Minnesota, Form No. 248. ii. Resulting in Death of Quick Child. Minnesota, Form No. 249. B. Murder of Mother. Illinois, Form No. 250. Indiana, Form No. 251. Kansas, Form No. 252, Minnesota, Form Nos. 253, 254. Wisconsin, Form No. 255. C. Causing Death of Unborn Quick Child. Minnesota, Form No. 256. D. Attempt to Procure Abortion. Jllinois, Form No. 257. Massachusetts, Form No. 258, Pennsylvania, Form No. 259. E. Selling Prescription for Medicine to Procure Abortion. Michigan, Form No. 260. F. Selling Without Prescription Medicine to Pro- eure Abortion. Michigan, Form No. 261. Minnesota, Form No. 262. G. Advertising Medicine to Procure Abortion. Nevada, Form No. 263. H. Publishing Information as to Where an Abor- tion May Be Procured. General form, Form No. 264. CONSPECTUS. xu TI. Aputrery anp Fornicarion, 1. Indictment at Common Law for Open and Notorious Lewdness. Tennessee, Form No. 265, 2. Single Acts of Adultery. Maine, Form No. 266. Massachusetts, Form No. 267, Minnesota, Form No. 268. Pennsylvania, Form No. 269. Vermont, Form No. 270. West Virginia, Form No. 271. Wisconsin, Form No. 272. 8. Continuing Acts of Illicit Intercourse, a. Of Adultery. Alabama, Form No. 273. California, Form No. 274, Colorado, Form No. 275. Florida, Form No. 276. Indiana, Form Nos. 277, 278. Massachusetts, Form No. 279, b. Of Fornication. Alabama, Form No. 280. Arkansas, Form No. 281. Michigan, Form No. 282. Minnesota, Form No. 283. Missouri, Form No. 284. North Carolina, Form Nos. 285-287, Texas, Form No. 288. IV. Arrray. 1, At Common Law. Form No. 289, 2. Under Statute. a. Fighting in Public Place. Illinois, Form No. 290. pb. Assaulting Third Person in Public Place, Missouri, Form No. 291. V. Arson AND Burning. 1. Dwelling-House. Alabama, Form No. 301. XIV CONSPECTUS. ‘VV. Arson anp Burnine—Continued. California, Form Nos. 292-295, Indiana, Form No. 296. Maine, Form No. 297, New York, Form Nos. 298, 299. 2. Burning Barn or Other Out-Building, Alabama, Form Nos. 300, 301, Missouri, Form No. 302. New Hampshire, Form No. 303, New Jersey, Form No. 304. North Carolina, Form No. 305, Oregon, Form No. 806. South Carolina, Form No. 307. Virginia, Form Nos. 308, 309. 8. Burning Manufacturing Building or Warehouse. Kansas, Form No. 310. Ohio, Form No. 311. 4, Burning Public Building. a. A Jail or Other Prison. Missouri, Form No. 312. Virginia, Form No. 318. b. A Courthouse. Arkansas, Form No. 314, e. A Church. Vermont, Form No. 315, 5. Burning a Bridge. Florida, Form No. 316. 6. Burning Personal Property. Kansas, Form No. 317. North Carolina, Form No. 318. 7. Burning with Intent to Defraud Insurance Company. a. Building Insured. California, Form No. 319. Massachusetts, Form No. 320. New York, Form No, 321. b. Burning Goods Insured to Recover Insurance. California, Form No. 322, 8. Firing Woods, Prairie, ete. General form, Form No. 323. Virginia, Form No. 324. CONSPECTUS. xv V. Arson aNnp Burnine—Continued. 9. Attempt to Commit Arson. General form, Form No. 325. a. By Defendant Personally. Kentucky—Statutory form, Form No. 326. Massachusetts, Form No. 327, New York, Form No. 328. b. By Another. Massachusetts, Form No. 329, 10. Statutory Forms. a. In General. Kentucky, Form No. 330. Oregon, Form No. 331. b. First Degree. Alabama, Form No. 332. Minnesota, Form No. 333, ce. Second Degree. Alabama, Form No. 334. Minnesota, Form No. 335, @. Third Degree. Alabama, Form No. 336. Minnesota, Form No. 337. VI. Assavir. L, Without Felonious Intent. a. Assault Without Battery, or Simple Assault, General form, Form No. 338, California, Form No. 339. Massachusetts, Form No. 340, b. Simple Assault and Battery. Alabama, Form Nos. 341, 342, Arkansas, Form No. 343. Delaware, Form No. 344. Kentucky, Form No. 345. Massachusetts, Form No. 346. New York, Form No. 347. North Carolina, Form Nos, 348, 849, Ohio, Form Nos. 350, 351, e. Aggravated Assault. Texas, Form No. 352. XVI CONSPECTUS. VI. Assautt—Continued. 2. With Felonious Intent. A. By Life Convict. California, Form No. 353. B. With Intent to Kill. Alabama, Form No. 354. Arkansas, Form Nos. 355, 356. California, Form Nos. 357-359, Florida, Form No. 360. Georgia, Form No. 361. Tllinois, Form Nos. 362-364, Indiana, Form No. 365. Kansas, Form No. 366. Kentucky, Form Nos. 367-369. Maine, Form Nos. 370, 371. Massachusetts, Form Nos, 372, 373, Mississippi, Form No. 374, Missouri, Form No. 375. Oregon, Form No. 376. Tennessee, Form No. 377. Texas, Form No. 378. Virginia, Form Nos. 379, 380. Washington, Form No. 381. West Virginia, Form No. 382, Wisconsin, Form No. 383. C. With Intent to Maim. Alabama, Form No. 384, Maine, Form No. 385. D. With Intent to Wound. Ohio, Form No. 386. E. With Intent to Inflict Great Bodily Harm. Tilinois, Form No. 387. Michigan, Form No. 388. Utah, Form No. 389. F. With Intent to Commit Crime Against Nature, California, Form No. 390. G. With Intent to Ravish. Alabama, Form No. 391. California, Form No. 392. Connecticut, Form No. 393. CONSPECTUS. xv VI. Assavutt—Continued. North Carolina, Form No. 394, Tennessee, Form No. 395. Texas, Form No. 396. H. With Intent to Rape Minor Child, California, Form No. 397. I. With Intent to Rob. Alabama, Form No. 398. California, Form No. 399. Illinois, Form No. 400. Massachusetts, Form Nos. 401, 402, Mississippi, Form No. 403. J. With Deadly Weapon. a. In General. Alabama, Form No. 404. California, Form Nos. 405, 406. Missouri, Form No. 407. North Carolina, Form No. 408, b. In Sudden Heat of Passion. Kentucky, Form No. 409. K. By Administering Noxious Drugs, California, Form No. 410. South Carolina, Form No. 411. L. Assault Upon Officer, ete. Massachusetts, Form No. 412. New Hampshire, Form No. 413, New York, Form No. 414, 8. Assault on High Seas. A. By Master or Other Officer upon Seamen. Form No. 415. B. By Seamen upon Master or Other Officer. Form No. 416. 4. Statutory Degrees of Offense. A. First Degree. New York, Form No. 417. B. Second Degree. New York, Form No. 418. C. Third Degree. Minnesota, Form No. 419. XVII CONSPECTUS. VII. Barratry. 1. Indictment or Information. Form No. 420. 2. Note of Particulars. Massachusetts, Form No. 421, South Carolina, Form No. 422, VIII. Basrarpy. 1. Indictment of Father. a. For Bastardy. Maryland, Form No. 423. b. For Failure to Provide Maintenance and Edu- cation. Georgia, Form No. 424. North Carolina, Form No. 425. South Carolina, Form No. 426, 2. Indictment of Mother. a. For Concealing Birth. Missouri, Form No. 427. North Dakota, Form No. 428, b. For Concealing Death. Michigan, Form No. 429. IX. Biaamy. 1. Marriage Contracted by Married Person. a. Indictment. Arkansas, Form No. 480. California, Form No. 481. Connecticut, Form No. 432. Indiana, Form No. 433, Kentucky, Form No. 434. Minnesota, Form No. 435. Missouri, Form No. 436. New York, Form Nos. 487, 438, Pennsylvania, Form No. 439. Texas, Form No. 440. Vermont, Form No. 441. b. Information. Michigan, Form No. 442. CONSPECTUS. IX. Bieamyr—Continued. 2. Knowingly Marrying Spouse of Another, a. In General. New York, Form No. 443. b. By Unmarried Person. Tilinois, Form No. 444. Kansas, Form No. 445. 8. Bigamous and Polygamous Cohabitation, a. In General. Florida, Form No. 446. ~b. With Person Married in Another State, Connecticut, Form No. 447, Kansas, Form No. 448. Minnesota, Form No. 449, Vermont, Form No. 450, X. Buaceuistine EMpuoyEes. 1, In General. Missouri, Form Nos. 451, 452. 2. After Discharge. Colorado, Form No. 453. XI. BuaspHEMyY. 1. At Common Law. Form No. 454. 2. Under State Statutes. Massachusetts, Form No. 455. New York, Form No. 456. Pennsylvania, Form No. 457, Vermont, Form No. 458, XII. Brisery. 1. Giving or Offering a Bribe. a. To a Constable. Form No. 459. b. To a Sheriff. i. To Induce Him to Violate His Duty. Texas, Form Nos. 460, 461. ii. To Induce Resignation That Accused Might Obtain Office. Canada, Form No. 462. xx CONSPECTUS. XII. Brrwery—Continued. ec. To a Justice of the Peace. Connecticut, Form No. 463. d, To an Arbitrator. West Virginia, Form No. 464, e. To the Mayor of a City. Missouri, Form No. 465. £. To an Alderman. Kentucky, Form No. 466. New York, Form No. 467. g. To a Member of the Board of Supérvisors. California, Form No. 468. h. To a Member of the Legislature. Florida, Form No, 469. Nebraska, Form No. 470. i. To a Milk Inspector. Massachusetts, Form No. 471. j. To a Member of a State Board of Education. Washington, Form No. 472. — ; k. To a Member of a Local Board of Education. Kansas, Form No. 473. 1. To Electors. i. At a General Election. Kentucky, Form Nos. 474, 475. New York, Form No. 476, ii, At a Local Election. Maine, Form No. 477, m. To a Witness. Missouri, Form No. 478. Nebraska, Form No. 479, n. To a Customs Officer. Form No. 480. 2. Accepting a Bribe. a. In General, Illinois, Form No. 481, b. By a Justice of the Peace. Arkansas, Form No. 482, ce. By a Police Officer. Maine, Form No. 483. CONSPECTUS. x1 XII. Brwery—Continued. d. By a City Marshal. Nebraska, Form No. 484. e. By a Prosecuting Attorney. Alabama, Form No. 485. 8. Soliciting a Bribe. California, Form No. 486. ‘Illinois, Form No. 487. New York, Form Nos. 488, 489. XIII. Borevary.. 1. Breaking and Entering. A. In General. a, A Dwelling-House. i. With Intent to Commit Arson. Alabama, Form No. 490. ii, With Intent to Commit Assault. Iowa, Form No. 491. West Virginia, Form No. 492. iii. With Intent to Commit a Misde meanor. Washington, Form No. 493, iv. With Intent to Commit Murder. Kentucky, Form No. 494. Minnesota, Form No. 495, Texas, Form No. 496. Vermont, Form No. 497, vy. With Intent to Commit Rape. , Arkansas, Form No. 498. Massachusetts, Form No, 499. North Carolina, Form No. 500. Ohio, Form No. 501. Oregon, Form No. 502. vi. With Intent to Steal. California, Form Nos. 503, 504, Tilinois, Form No. 505. Kentucky, Form No. 506. Missouri, Form No. 507. New Hampshire, Form No. 508. New York, Form Nos. 509, 510. xx CONSPECTUS. XIII. Burauary—Continued. ~t Ohio, Form No. 511. Oregon, Form No. 512. Pennsylvania, Form No. 518, Tennessee, Form No. 514. Texas, Form Nos. 515, 516. Vermont, Form No. 517. Virginia, Form No. 518. Washington, Form No. 519. West Virginia, Form No. 520. b. An Office or Store. | Connecticut, Form No. 521. Towa, Form No. 522. Louisiana, Form No. 523. Massachusetts, Form Nos. 524, 525. Michigan, Form No. 526. Missouri, Form No. 527, Virginia, Form No. 528. Wisconsin,. Form No. 529, Federal, Form No. 530. ce. A Public Building. i, A Church. Ohio, Form No. 531. ii, A City Hall. Massachusetts, Form No. 532. iii. A County Court House. Delaware, Form No. 533. iv. A United States Post Office. Form No. 534, v. A Sheriff’s Office. Texas, Form No. 535. d@. A Railroad Car. Alabama, Form No. 536, Illinois, Form No. 537, Iowa, Form No. 538. e. A Stable or Building Within the Curti- lage of a Dwelling-House. Arkansas, Form No. 539, Ohio, Form No. 540. CONSPECTUS. SII. Bureisry—Continued. South Carolina, Form No. 541, West Virginia, Form No. 542. f. Storehouse, Warehouse or Factory. Alabama, Form Nos. 543, 544. Georgia, Form Nos. 545, 546. Indiana, Form No. 547. Iowa, Form No. 548. Massachusetts, Form No. 549, Missouri, Form No. 550. : New York, Form No. 551. North Carolina, Form No. 552, Ohio, Form No. 553. Oregon, Form No. 554. Virginia, Form No. 555. Wisconsin, Form No. 556, g. A Tent. California, Form No. 557, B. Armed with a Dangerous Weapon. a. At Time of Entry. New York, Form No. 558, Ohio, Form No. 559. Oregon, Form No. 560. pb. After Entry. New York, Form No. 561. C. And Assaulting Some Person. New York, Form Nos. 562, 563. Oregon, Form No. 564. D. Being Assisted by a Confederate. Missouri, Form No. 565. New York, Form No. 566. E. With Deadly Drug on Person. Tlinois, Form No. 567. 2. Entering Without Breaking. California, Form No. 568. North Carolina, Form No. 569, 8. Breaking Out of a Building. New York, Form No. 570. Oregon, Form No. 571. XXIV CONSPECTUS. XIII. Burcupary—Continued. 4. Attempt to Commit Burglary. Massachusetts, Form No. 572. North Carolina, Form No. 578, Pennsylvania, Form No. 574. 5. Possession of Burglarious Instruments. Alabama, Form No. 575. Massachusetts, Form Nos. 576, 577. New York, Form No. 578, XIV. Carrying WEAPONS. . 1. In General. a. At Common Law. North Carolina, Form No. 579, b. Under Statute. Arkansas, Form No. 580. North Dakota, Form No. 581. Tennessee, Form No. 582, Texas, Form No. 583. West Virginia, Form No. 584, 2. Concealed Weapons. a. In General. Alabama, Form No. 585, Arkansas, Form No. 586. Delaware, Form No. 587. Florida, Form No. 588. Georgia, Form No. 589. Indiana, Form No. 590. Iowa, Form No: 591. Maryland, Form No. 592. Michigan, Form No. 593. North Carolina, Form No. 594. North Dakota, Form No. 595. Tennessee, Form Nos. 596, 597, Virginia, Form No. 598, b. Second Offense. Tilinois, Form No. 599. e. In a City, Town or Village. i, In General. Arizona, Form No. 600. CONSPECTUS. ZXV XIV. Carryine Wawona Continued: Colorado, Form No. 601. Montana, Form No. 602. New Mexico, Form No. 603, ii. Defendant a Resident. Wyoming, Form No. 604. iii. Defendant a Sojourner. Wyoming, Form No. 605, 8. Into a Public Assembly. a. A Court of Justice. Georgia, Form No. 606. b. A Cattle Round-Up. New Mexico, Form No. 607. ec. A Church. Texas, Form No. 608. Virginia, Form No. 609, d. A Place of Amusement. Texas, Form No. 610. 4. With Intent to Commit an Assault. California, Form No. 611. Colorado, Form No. 612. Indiana, Form No. 613. Minnesota, Form No. 614. Washington, Form No. 615. 5. At Night With Intent to Break and Enter a Building. General form, Form No. 616. 6. When Arrested. a. While Committing an Offense. Florida, Form No. 617. Massachusetts, Form No. 618. New Hampshire, Form No. 619. b. For an Offense Previously Committed. Massachusetts, Form No. 620. 7. On Sunday. Virginia, Form No. 621. 8. When a Minor. Nevada, Form No. 622. Wisconsin, Form No. 623. 9. When Intoxicated. Wisconsin, Form No. 624, XSXVI CONSPECTUS. XIV. Carryine Weapons—Continued. 10. Having Borne Arms Against the United States. Kansas, Form No. 625. 11, Exhibiting Weapon in a Rude and Threatening Manner. Indiana, Form No. 626. Missouri, Form No. 627. XV. Cuarrers—SELLinG, Etc., Morreacsn, 1. Selling Mortgaged Chattels.. ' Alabama, Form No. 628. California, Form No. 629, Iowa, Form No. 630. Minnesota, Form No. 631. North Carolina, Form No. 632. Texas, Form No. 633. 2. Removing Mortgaged Chattels. Arkansas, Form No. 634. Massachusetts, Form No. 635, Michigan, Form No. 636, Nebraska, Form No. 637, XVI. Common Scot. Pennsylvania, Form No. 638. XVII. Compounpine OFFENSES. ‘1. In General. General forms, Form Nos. 639-641, Alabama, Form Nos. 642, 643. California, Form No. 644. Colorado, Form No. 645. Maine, Form No. 646. Minnesota, Form No. 647. New York, Form No. 648. 2. After Prosecution Begun. General form, Form No. 649, Indiana, Form No. 650. XVIII. Conspiracy. 1. To Falsely Charge One With Criminal Offense, a. Of Adultery. Massachusetts, Form No. 651. CONSPECTUS. &XVIT XVIII. Consprracy—Continued: b. Of Attempt at Murder. Maine, Form No. 652. ce. Of Being the Father of a Bastard Child. New Jersey, Form No. 653, d. Of Larceny. Alabama, Form No. 654. Virginia, Form No. 655, 2. To Cheat or Defraud. a, A Bank. Maryland, Form No. 656. New Jersey, Form No. 657, b. A County. ‘Michigan, Form No. 658, e. An Individual. i, In General. Illinois, Form No. 659. Massachusetts, Form No. 660. Michigan, Form No. 661. North Carolina, Form No. 662. ii. By Inducing Surrender of Bond on Pre- tended Conveyance. Maine, Form No. 663. iii. By Making One Drunk and Playing Falsely at Cards. North Carolina, Form No. 664.: d. The Public, by Issuing False Bank Notes, Pennsylvania, Form No. 665. e. The State. » -Georgia, Form No. 666, 8. To Commit Certain Crimes. a. Abduction of Child. 7 North Carolina, Form No. 667. b. Abortion. ; : Pennsylvania, Form No. 668. e. Assault and Battery. Iowa, Form No. 669. Pennsylvania, Form No. 670. es XXVI—T CONSPECTUS. XVIII. Consprracy—Continued. d. Breaking Jail. i. To Escape. Maine, Form No. 671. ii. To Injure or Kill Prisoner. North Carolina, Form No. 672, e. Burglary. Indiana, Form No. 673. Texas, Form No. 674. fo, Te £. Destroying Property. i. Dwelling-House. Vermont, Form No. BN: ii. Railroad Tracks. Illinois, Form No. 676. g. Murder. Alabama, Form No. 677. Arkansas, Form No. 678. h. Procuring Defilement of Young Female. At Common Law, Form No. 679. i, Procuring Elopement of Minor Daughter. Pennsylvania, Form No. 680. j.- Procuring Marriage to Falsely Appear of Record. Massachusetts, Form No. 681, k. Robbery. California, Form No. 682, Indiana, Form No. 683. 1. Seduction by Sham Marriage. “Towa, Form No. 684. ’ m. Soliciting Bribes. ' Massachusetts, Form No. 685, 4. To Hinder Trade or Commerce. ve LG a. By Forming a Trust. “Texas, Form No. 686. b. By Obstructing Business of a Corporation. Michigan, Form No. 687. ec. By Preventing Corporation frém Employing _ Certain Workmen. Vermont, Form No. 688. CONSPECTUS. XXIX XVIII. Consprmacy—Continued. d. By Preventing Workmen from Obtaining Em- ployment. Vermont, Form No. 689. 5. To Obstruct Justice and the Due Administration of the Law. a. By Assaulting a Public Officer. Maine, Form No. 690. b. By Giving False Evidence and Suppressing Facts on Trial. At Common Law, Form No. 691. e. By Unlawfully Obtaining a Decree of Divorce. Illinois, Form No. 692. d. By Unlawfully Taking Intoxicating Liquors Held Under Lawful Seizure. Iowa, Form No. 693. / e. By Securing Appointment to Publie Office. New York, Form No. 694. 6. Under Federal Statutes. a. To Cast Away Vessel With Intent to Injure Underwriters. Federal, Form No. 695. b. To Defraud the United States. i. By Means of Pretended Entry of Public Lands. Federal, Form No. 696. ii. By Removing Distilled Liquors to Evade Internal Revenue Tax. Federal, Form No. 697: e. To Make Fictitious Census Returns, Federal, Form No. 698. ES d. To Plunder a Wrecked Steamboat. Federal, Form No. 699. e. To Prevent Enjoyment of Elective Franchise and Civil Rights of Citizens. i, By Preventing Homestead Entry. Federal, Form No. 700. ii. By Preventing Seaerese of Right of Suf- frage. Federal, Form No. 701. XXX CONSPECTUS. XVIII. Conspracr—Continued. ; iii, By Procuring Inspector of Election to Neglect His Duty. Federal, Form No. 702. XIX. CountTerreitine. 1. Making Counterfeit Money. a. Coin. i. In General. Federal, Form No. 703. Indiana, Form No. 704. New York, Form No. 705. Texas, Form No. 706. Vermont, Form No. 707. ii. Minor Coin. Federal, Form No. 708. Kentucky, Form No. 709. iii, Foreign Coin. (1) In General. Federal, Form No. 710. Alabama, Form No. 711. (2) With Intent to Export Same. Maine, Form No. 712, . iv. Gilding Coin. Nebraska, Form No. 713. v. Tokens in Resemblance of Coin. Federal, Form No. 714. ‘b. Paper Money. Federal, Form No. 715. Massachusetts, Form No. 716,:: 2. Uttering and Passing Counterfeit Money. a. Coin. i, In General. Federal, Form No. 717. Arkansas, Form No. 718. Tennessee, Form No. 719, ii. Foreign Coin. Georgia, Form No. 720. iii, Gilded Coin. Nebraska, Form No. 721, CONSPECTUS. XXXI XIX, Counrerremrmne—Continued. iv. Bringing Coin into the United States with Intent to Defraud. Federal, Form No. 722. b. Paper Money. i, In General. ‘ Federal, Form No. 723. ‘ Indiana, Form No. 724. ii. Foreign Bank Note. Federal, Form No. 725. 8. Selling and Bartering Counterfeit Money. a. Selling. Indiana, Form No. 726. Ohio, Form No. 727, b. Advertising Green Goods. New York, Form No. 728. 4, Having Counterfeit Money in One’s Possession. a. Coin. i. In General. Federal, Form No. 729. Alabama, Form No. 730. fi, Foreign Coin. Massachusetts, Form No. 731, Minnesota, Form No. 7382. b. Paper Money. i, In General. Federal, Form No. 733. New York, Form No. 734. ii. Blank and Unfinished Bank Notes, Massachusetts, Form No. 735, | iii. Foreign Bank Notes. Federal, Form No. 736, 5. Making Instruments for Counterfeiting. Federal, Form No. 737. 6. Having Instruments in One’s Possession. a. For Counterfeiting. i. In General. California, Form No. 738. ji. Foreign Coin. Illinois, Form No. 739. XXXH CONSPECTUS. XIX. Counrerrerrmnc—Continued. iii. One Side Only. Massachusetts, Form No. 740, b. Counterfeiting Gold Dust. Idaho, Form No. 741, XX. Disorperuy Conpuct anp PERSONS. 1, Discharging Firearms. a. In City or Town. _ Kansas, Form No. 742. b. In a Publie Highway. Mississippi, Form No, 743. 2. Disturbing the Peace. Massachusetts, Form No. 744. Missouri, Form No. 745. Vermont, Form No. 746, 3. Exhibiting Puppet-Show. Michigan, Form No. 747. 4, Frequenting Houses of Ill-Fame. a. In General. Indiana, Form No. 748. Massachusetts, Form No. 749. b. Not Being a Physician, Visiting Patients. Indiana, Form No. 750. ec. Living In. Indiana, Form No. 751, Iowa, Form No. 752. d. Acting as Servant or Bartender. Connecticut, Form No. 753. 5. Lewd, Lascivious and Disorderly Persons, Massachusetts, Form No. 754. 6. Night-Walking. ‘ Alabama, Form No. 755. Connecticut, Form No, 756. 7. On Public Conveyance, a. In General. Minnesota, Form No. 757, b. On a Street-Car. i. Refusal to Desist from Smoking, Ohio, Form No, 758. CONSPECTUS, xxxm XX. Disorperty Conpuct anp Persons—Continued. ii. Refusing to Pay Fare. Ohio, Form No. 758a, e. On Railroad Car. i. In General... Maine, Form No. 759. ii, Disturbing Women. Alabama, Form No. 7 60. iii, Jumping upon Cars. Ohio, Form No. 761, 8. Peeping i in Window of Dwelling. Michigan, Form No. 762. 9. Profane Swearing. Indiana, Form No. 763. Michigan, Form No. 764. 10. Prostitutes. a, Committing Fornication for Hire. Indiana, Form No. 765. db. Endeavoring to Ply Vocation in Public Place, Colorado, Form No. 766. 11, Using Obscene, Insulting or Abusive Language, a. In General. Florida, Form No. 767. Pennsylvania, Form No. 768. b. In Presence of Particular Persons. i. Women. Alabama, Form No..769. Minnesota, Form No. 770. ii. Children. California, Form No. W1. ce. Near a Dwelling. Alabama, Form No. 772. d. Tending to Cause Breach of Peace. Arkansas, Form No. 773. Minnesota, Form No. 774. Wisconsin, Form No. 775, XXI. Disorperiy Hovusss. 1. In General. Common Law form, Form No. 776. XXXIV. CONSPECTUS. XXI. Disorperty Houses—Continued, Alabama, Form No. 777. Arkansas, Form No, 778. Connecticut, Form No. 779, Illinois, Form No. 780. Maine, Form No. 781. Massachusetts, Form No. 782. _New. Hampshire, Form No. 783, New York, Form No. 784. North Carolina, Form Nos. 785, 786. 2. Bawdy-House. a. Keeping. i, In General. Common Law form, Form No. 787, Arkansas, Form No. 788. Florida, Form No. 789. Georgia, Form No. 790.’ Iowa, Form No. 791. Maine, Form No. 792. Massachusetts, Form No. 793. Texas, Form No. 794. Vermont, Form No. 795. ii. Near a Church or Public Building. Missouri, Form No. iG fii, On the Water. Illinois, Form No. 797, “b. Leasing. : Illinois, Form No. 798. .. Maryland, Form No. 799. ' ¢@, Permitting Property to Be Used as Such, Texas, Form No. 800. - 8. Tippling-House. ‘a. Keeping Without License. ' Federal, Form No. 801. Rhode Island, Form No. 802. b. Keeping Licensed House in Disorderly Menue, Indiana, Form No. 803. wt ce. Employing Women to Draw Custom, Washington, Form No, 804. CONSPECTUS.: XXXV XXI. Disorperuy Housres—Continued. 4, Theater Employing Women to Draw Custom. Texas, Form No. 805. 5. Opium Joint. et - Georgia, Farm No. 806. XXII. Distursine Pustic MEetinas, 1, In General. Indiana, Form No. 807. 2. Business Meeting. . Indiana, Form No. 808, 8. Religious Meetings. a, In General. Alabama, Form No. 809. West Virginia, Form No. 810. b. Other Than Regular Meetings. | North Carolina, Form No. 811, e. Regular Meetings. i, At Church. (1) In General. / Arkansas, Form No. 812. Missouri, Form No. 813. Nebraska, Form No. 814. New York, Form No. 815. North Carolina, Form No. 816. Virginia, Form No. 817. (2) By Assaulting Member of Congrega- tion. / Missouri, Form No. 818: (3) Within Certain Distance. Minnesota, Form No. 819. ii. Salvation Army. : ' Washington, Form No. 820. 4. School Meetings. Connecticut, Form No. 821, 6. Women’s Meeting. Alabama, Form No. 822. XXXVI GONSPECTUS. XXIII. Drveaists. 1, Carrying on Business Without a License, a. In General. West Virginia, Form No. 823, b. As Itinerant Vendor Professing to Treat Dis- eases. Iowa, Form No. 824. 2. Attempting to Procure Registration by False Repre- sentations. : California, Form No. 825, 3. Selling Adulterated Drugs. Ohio, Form No. 826. 4, Selling Poison. a. Without Label. Illinois, Form No. 827. b. Without Keeping Record. Illinois, Form No. 828, e. To a Minor. Ohio, Form No. 829, XXIV, DRUNKENNESS. 1, Simple Drunkenness. a. In General. Common Law form, Form No. 830. Massachusetts, Form No. 831. New Jersey, Form No. 832. b. Second Offense. Massachusetts, Form No. 833, 2. Being Found Intoxicated. . Indiana, Form No. 834. 8. In Public and Disturbing Peace. ' a, In General. Maine, Form No. 835. b. Within Curtilage of Private Residence, Alabama, Form No. 836, 4, Of Physician. Arizona, Form No. 887. 6. Of Public Officer. Kentucky, Form No. 838, CONSPECTUS. SXXVOE XXIV. DrunKxenness—Continued. 6. Of Railroad Employee. West Virginia, Form No. 839, 7. Common Drunkard. Massachusetts, Form No. 840. XXYV. DvELLine. 1. Provoking a Challenge. At Common Law, Form No. 841, Minnesota, Form No. 842. 2. Giving or Sending a Challenge. Common Law form, Form No. 848, Alabama, Form No. 844. North Carolina, Form No. 845. 8. Carrying and Delivering a Challenge. Common Law form, Form No. 846, - Minnesota, Form No. 847. 4. Accepting a Challenge. Missouri, Form No. 848. 5. Fighting a Duel. Missouri, Form No. 849. ; 6. Leaving State to Engage in Duelling. a. To Give or Receive a Challenge, Illinois, Form No. 850, b. Agreeing to Leave State. Indiana, Form No. 851. 7. Acting as Second. Texas, Form No. 852. 8. Consenting to Act as Second. Georgia, Form No. 853. 9. Concealing Knowledge of Challenge, Pennsylvania, Form No. 854. 10. Posting One for Failure to Fight. Michigan, Form No. 855. 11, Officer Failing to Use Authority to Prevent Duel, California, Form No. 856. XXXVI CONSPECTUS. XXVI. EmpezztemMent. 1. By Agent or Servant. a. Of Private Person. Alabama, Form No. 857. Illinois, Form No. 858. Indiana, Form No. 859. Kentucky, Form No. 860. Michigan, Form No. 861. Missouri, Form No. 862. North Carolina, Form No. 863, Washington, Form No. 864. b. Of Partnership. Kentucky, Form No. 865. Massachusetts, Form No. 866, Minnesota, Form No. 867. Rhode Island, Form No. 868, 6. Of Corporation. Arkansas, Form No. 869. Kansas, Form No. 870. Washington, Form No. 871, Wyoming, Form No. 872. 2. By Attorney. - Florida, Form No. 873. 3. By Bailee. a. In General. Louisiana, Form No. 874, b. For Carriage. Utah, Form No. 875, e. For Safe Keeping. Kansas, Form No. 876. Massachusetts, Form Nos. 877-879. Texas, Form No. 880. 4, By Bankers and Officers of Banking Corporations, a. Under State Statutes. i. Private Banker. _ Illinois, Form No. 881, ii. Bank Officer. (1) Cashier. New Jersey, Form No. 882, CONSPECTUS. SXXxIX XXVI. EmprezzLEMEnNt—Continued. (2) President. Louisiana, Form No. 883. (3) Treasurer. Massachusetts, Form No. 884, b. Under National Banking Laws. i, For Embezzlement. Federal, Form No. 885. . ii. For Aiding in Embezzlement, ~ Federal, Form No. 886, 5. By Commission Merchant or Factor, Tilinois, Form No. 887. Missouri, Form No. 888, 6. By Corporation Officer. Georgia, Form No. 889. 4%. By Public Officer or Agent. a, City Marshal. / California, Form No. 890. b. City Treasurer. Arkansas, Form No. 891, ec. Clerk of School District. New Jersey, Form No. 892. d. Clerk of United States District Court Federal, Form No. 893. e. Constable. Missouri, Form No. 894. f. County Assessor. California, Form No. 895. g. County Treasurer. Indiana, Form No. 896. h. Justice of the Peace. Texas, Form No. 897, &. Post-Office Employee. (1) Letter-Carrier. Federal, Form No. 898. (2) Assistant to Superintendent of Letter Carriers. Federal, Form No. 899, (8) Postmaster. Federal, Form No. 900. xL CONSPECTUS. XXVI. EmpezzLEMent—Continued. j. Secretary of State Board. California, Form No. 901, k. State Treasurer. Michigan, Form No. 902. L Tax-Collector. Texas, Form No. 903. 8. By Trustee. a. In General. Federal, Form No. 904. New York, Form No. 905. b. By Assignee in Trust. Washington, Form No. 906, 9. Receiving Embezzled Property. Texas, Form No. 907. XXVII. Empracery. 1. Embracer a Party. Alabama, Form Nos. 908, 909. 2. Embracer a Stranger. Common Law form, Form No. 910. Louisiana, Form No. 911. Missouri, Form No. 912. XXVIII. Escape. 1. Prosecution Against Prisoner. a. Actually Escaping. Common Law form, Form No. 913, Vermont, Form No. 914. b. Attempt to Escape. Missouri, Form No. 915. 2. Prosecution Against Officer. a. For Negligently Suffering an Escape. Common Law form, Form No. 916, Alabama, Form No. 917, Arkansas, Form No. 918. North Carolina, Form No. 919, b. For Voluntarily Suffering Escape. Alabama, Form Nos. 920, 921. Arkansas, Form Nos. 922, 923. CONSPECTUS,. XLI XXVIII. Escare—Continued. 8.: Prosecution Against Person Other Than Prisoner or Officer. : a. For Aiding in Escape. Georgia, Form No. 924. Indiana, Form No. 925. b.. For Conveying Tools, ete., to Prisoner, - Mississippi, Form No. 926. ce. For Concealing Prisoner After Escape. Kansas, Form No, 927, XXIX. Extortion. _ 1. Under Color of Office. a. By Clerk of Court. Indiana, Form No. 928, Texas, Form No. 929. b. By Constable. Kentucky, Form No. 930, e. By Justice of the Peace. Alabama, Form No. 931. d. By Tax-Collector. Texas, Form No. 932. 2. By Use of Force or Fear. . New York, Form No. 933. XXX. Fase [vprisoNMENT. ‘1. For Imprisonment Generally. Common Law form, Form No. 934, Massachusetts, Form No. 935. 2. By Threats. : Texas, Form No. 936. 3. Coupled with Extortion. _ Common Law form, Form No. 937, XXXI. Fast PERSONATION. . 1. Obtaining Money or Other-Property by. Alabama, Form No. 938. California, Form No. 939. Washington, Form No. 940. xu CONSPECTUS. = Faust Personation—Continued. 2, Acknowledging or Receiving ‘Wetter Instructions by. a. In General. Indiana, Form No. 941. b. Receiving Process. Tennessee, Form No. 942. 8. Acting as an Officer. a. In General. Massachusetts, Form No. 943. b. Performing Marriage. Kentucky, Form No. 944, 4, Obtaining Marriage License by. Kentucky, Form No. 945. 5. Marrying by. California, Form No. 946.. XXXII. Farsp PRETENSES. 1. Obtaining Money or Goods by. a. Actually Obtaining. i. Money. Alabama, Form No. 947, Arkansas, Form No. 948. California, Form No. 949. Indiana, Form No. 950. Maryland, Form No. 951. Massachusetts, Form No. 952. Michigan, Form Nos. 953, 954, Missouri, Form No. 955. ; North Carolina, Form No. 956. Oregon, Form No. 957. Pennsylvania, Form No. 958. fi. Goods. Alabama, Form No. 959. Arkansas, Form No. 960, Indiana, Form No. 961. Kansas, Form No. 962. Maine, Form No. 963. Maryland, Form No. 964, Massachusetts, Form No. 965. Missouri, Form No. 966. CONSPECTUS. XLUI XXXII. Fatsz Prerenses—Continued. Nebraska, Form No. 967. North Carolina, Form No. 968. Ohio, Form No. 969. Pennsylvania, Form No. 970. b. Attempting to Obtain. Alabama, Form No. 971, Kansas, Form No. 972. 2. Obtaining Signature by. Alabama, Form No. 973. Minnesota, Form No. 974, New York, Form No. 975. 8. Obtaining Credit by. ' Illinois, Form No. 976. 4, Obtaining Others to Report Falsely' One’s Mercantile Standing. Colorado,. Form No. 977. XXXII. Forcsry. 1. Making Forged Instrument. a. In General. i. Bank Check. = Illinois, Form No. 978. Missouri, Form No. 979. Texas, Form No,.980. ii. Bank Note. (1) In General. Federal, Form No. 981, Illinois, Form No. 982. (2) Of Foreign Bank. New York, Form No. 983. iii. Bill of Sale. California, Form No. 984, fv. Certificate. oan (1) Of Acknowledgment. Minnesota, Form No. 985. (2) Relating to Death and Burial Kansas, Form No. 986, xLIV _CONSPECTUS. XXXII. Forcery—Continued. v. Deed. Arkansas, Form No. 987. Missouri, Form No. 988. vi. False Entry in Book of Account. New York, Form No. 989. Pennsylvania, Form No. 990. vii. Grain Check. Kansas, Form No. 991. viii. Letters Patent. Federal, Form No. 992. ix. Order for Money or Property. ‘(1) In General. Alabama, Form Nos. 993, 994. Arkansas, Form No. 995. Maine, Form No. 996. Missouri, Form No. 997. (2) In Foreign Language. California, Form No. 998, x. Promissory Note. Kentucky, Form No. 999. Missouri, Form No. 1000. xi. Public Record. Pennsylvania, Form No. 1001, Virginia, Form No, 1002. xii. Receipt or Acquittance. Mississippi, Form No. 1003, Missouri, Form ‘No. 1004. xiii. School Warrant. Arkansas, Form No. 1005. xiv. Seal. (1) In General. Colorado, Form No. 1006, (2) Impression. Minnesota, Form No. 1007. xv. Will or Testament, ~' Oregon, Form No. 1008, b. Fictitious Instrument. i. Bank Check. | Missouri, Form No. 1009. CONSPECTUS. Glaiete @ aaa saves 217 v. Thompson, 137 La. 547, 68 So. 949.......... Bie 8 BREE reste 15 v. Tidwell, 5 Strobh. L. (S. C.) 1........ BS ccseca aids wroeresave saree 123 v. Tom, 47 N. C. (2 Jones Lu) 414..... ccc eee cece eee e eee 235 v. Towle, 48 N. H. 97... ccc cee ccc enees sls ee a beets eae 1266 Vi Tracey; 12 Ria: Ts 216) sstee0 6 ssrecoe sieeisiets ds comes s Baer se tos 1048 vy. Tuller; 34 Conn. 282: csccss need vseweesrswiwedee Wied oecicend 1175 v. Turlington, 102 Mo. 647, 15 S. W. 141.2... cece cece cece 980 v. Tutt, 63 Mo. 596........ ccc cece ee eeenuee dividionee stapes eee. 839 v. Umphrey, 40 Mo. App. 328.........ececcececee oOew se eae 1054 v. Unsworth, 84N. J. L. 22, 86 Atl. 64, affirmed 88 Atl, 1097.. 76 v. Van Wye, 186 Mo. 231, 37 S. W. 938.........6, a Syeva een rakes 1344 v. Vandimark, 35 Ark. 397.........ceeeeee siege tele! d srdieiaie wats 710 v. Vermont Cent, R. Co., 27 Vt. 103. cassia valerie gator cael BLE v. Verry, 36 Kan, 416, 13 Pac. 838............ eeceseceseee L212 CX VII TABLE OF CASES. PAGE State v. Voorhis, 52 N. J. L. (23 Vr.) 351, 20 Atl. 26........ eos 1387 State v. Waddle, 100 Iowa 57, 69 N. W. 279....... cece cece eee eee 1454 State vi. Walls, 54, [ind y400 sersiaissce.s diag, 10 agin seas oie 8 OR crete 8G Grew oe area 1383 State v. Walton, 255 Mo. 232, 164 S. W. 211........... cece ween 76 State v. Watkins, 27 Iowa 415......... ccc cen enc cececcevenceveens 878 State v. Watts, 48 W. Va. 183, 27 S. HE. 802......... cece eoescees 1054 State v. Webster, 30 Ark. 166..........cce ccc ce cece cece ccncrecens 1502 State v. Webster, 39 N. H. 96....... cc csscccccaccecsncsccessnnce 246 State: Ve WellS)- Si CONM, DIG s iccess sic ace ioo.4 esecs. oo ecdunvd a rolled o-a-ayend. wi a vows 234 State v. Whisner, 35 Kan. 273, 10 Pac. 852........ ccc cc eee e eens 1125 State v. Whitaker, 35 Kan. 731, 12 Pac. 106............-..eeeeeee 967 State vi. White, 76 Mo. 9% sc. 2.6 si scas cine sc ciees varies siete do's bed 260 State v. White, 12 Wash. 417, 41 Pac. 182......... ccc cence eenee 705 State v. Whiteman, 9 Wash. 402, 37 Pac. 659............-.ceeeee 679 State v. Whitmore, 147 Mo. 78, 11 Am. Cr. Rep. 130, 47 S. W. 1038. 184 State v. Whitworth, 8 Port. (Ala.) 435........ 0. cece eee ec eee aeee 822 State v. Wilburn, 64 Tenn. (5 Baxt.) 58....... eee e cee ee ee enone 394 State v.. Williams, 21 Ind. 206............. cece cece sce e cece eens 1270 State v. Williams, 139 Ind. 43, 47 Am. St. Rep. 255, 38 N. E, 339.. 800 State v. Williams, 32 La. Ann. 335, 36 Am. Reps 202 sins aeenrs nee 1491 State v. Williams, 9 Mont. 179, 23 Pac. 335..........c cee ceeeeeeee 1483 State v. Williams, 136 Mo. 294, 88 S. W. 75... .. cc cece eee eee eee 684 State v. Williams, 52 N. C. (7 Jones L.) 446, 78 Am. Dec. 248..... 859 State v. Williams, 11. §,De-64, 15 Ne We 810s eies's4 oda wis stadands acer 1128 State v. Williamson, 203 Mo. 195, 120 Am. St. Rep. 678, 102 S. W. BL Oi aj cisa dd 225. ease on & Gavilan tees -Sueegac ove. pancdhs ax aectadea vayec wien Sieyeusee bun aod ew adereed dee 208 State v. Wilson, 30 Conn. 500......... 0. cee cece cece ce cent enee 51 State v. Wilson, 116 N. C. 979, 21S. HB. 692. .... 0... cee ee 724 State v. Wilson, 79 N. J. L. 241, 75 Atl. 776... .... cc ccc cee cece eeee 140 State v. Winner, 17 Kan. 299......... cece cc ee ccc ccc cere cees 861 State v. Womack, 31 La. Ann. 685.......... ccc cece eee tenes 52, 53 State v. Womack, 4 Wash. 20, 29 Pac. 939.......... cece cece eee 300 State v. Wright, 19 Ore. 258, 24 Pac. 229........ ccc eee eee 372 State v. Wyman, 80 Me. 117, 13 Atl. 47............... cee el Seaieas 1134 State v. Wynne, 116 N. C. 981, 21 S. B. 85.... ec eee ce ene 259 State v. Yarborough, 77 N. C. 524... .. ccc cece ccc e cece een ceees 52 State v. Yerger, 86 Mo. 34........c cc ccc cece eee e ence eeceeecce 787, 805 State-wi ‘Young: 26 lOWa. 123-6 scissile ates w aratem ¢ddiamies State of Kentucky, ss aac County. Commonwealth of Kentucky agaist j$§= = } «Kens weeses Court. John Doe. The grand jury of ........ county, in the name and by the authority of the commonwealth of Kentucky, accuse John Doe of the crime of * unlawfully taking a woman against her will, with intent to have carnal knowledge of ABDUCTION—DEFILEMENT. 89 the person of the said woman (or that another should have carnal knowledge of the person of said woman), committed as follows, viz.: The said John Doe, on the eee day of ........, A. D. 19...., in the county aforesaid,t+ did unlawfully and feloniously take Martha Roe, a woman, against her will, with intent to have (or with intent that Samuel Short should have), (or with intent that a person or persons to the jurors aforesaid unknown should have) carnal knowledge of her the said Martha Roe, against the peace of the commonwealth of Kentucky. Commonwealth’s Hater: Form No. 175. [Follow Form No. 174 to the *, and add:] with force and arms did then and there unlawfully aud feloniously take Martha Roe, a woman, and against her will, with force and arms unlawfully and feloniously then and there, with intent then and there,t with intent [conclud- ing as in Form No. 174). VIRGINIA. Form No. 176. (Code 1887, § 3678.) [Follow Form No. 166 to the t, and add:] with intent her the said Martha Roe to defile (or cause to be defiled by one Samuel Short, or by some person or persons to the jurors aforesaid unknown), [continuing and concluding as in Form 166]. WEST VIRGINIA. Form No. 177. (Code 1887, c. 144, §16.) State of West Virginia, )Inthe..... Court of said County of ...... , to wit. county. The grand jurors for the state of West Virginia, in and for the body of the county of ........ , now attend- 90 SPECIFIC CRIMES. ing upon said court, upon their oaths present that John Doe, on the ........ day Ol dawewves , in the year of our Lord one thousand nine hundred and ........ , in said county [set out the crime charged as in Form 176] against the peace and dignity of the state of West Virginia. Upon the information of Richard Roe, sworn in open court and sent to the grand jury to give evidence on this indictment; = = 8 seb e Retwe a Reece near es Prosecuting Attorney. 5. DETAINING WOMAN WITH THE INTENT TO MARRY HER. COLORADO. Form No. 178. (1 Mills’ Ann. Stats., § 1223.) [Follow Form No. 164 to the +, and add:] then and there did unlawfully and feloniously, by force (or fraud), (or force and fraud), detain (or take away and detain), against her will, one Martha Roe, a woman,* with intent her the said Martha Roe to marry to him the said John Doe (or to one Samuel Short), (or to some person to the jurors aforesaid unknown) [continuing and concluding as im Form No. 164]. Form No. 179. [Follow Form No. 178 to the *, and add:] with force and arms, then and there did unlawfully and feloniously make an assault in and upon one Martha Roe, a woman, against her will, and with force and arms did then and there unlawfully and feloniously, and against her will, by force (or fraud), (or force and fraud), detain (or take away and detain) her the said Martha Roe, a woman, as aforesaid, then and there, with intent her the said Martha Roe to marry [continuing and concluding as in Form No. 164]. ABDUCTION—DETAINING TO MARRY. 91 KENTUCKY. Form No. 180.1 (Barb. & C. Ky. Stats. 1894, § 1158.) [Follow Form No. 174 to the *, and add:]. unlawfully detaining a woman against her will, with intent to marry such woman (or with intent to have such woman married to another), (or with intent, to have carnal knowledge of the person of said woman), (or with intent that another should have carnal knowledge of the person of said woman), committed as follows, viz.: The said John Doe, on the ..sseeas Cay OF vieeeks ; A, D, 19.4425 1n the county aforesaid,* did unlawfully and feloniously detain Martha Roe, a woman, against her will,t with intent her the said Martha Roe to marry (or to have married to one Samuel Short), (or to have married to some person whose name to the jurors aforesaid is unknown) against the peace [continuing and concluding as in Form No. 174.] Form No. 181, ~ [Follow Form No. 180 to the *, and add:] with force and arms did then and there, unlawfully and feloniously, in and upon one Martha Roe, a woman then and there being, make an assault against her will, and did then and there with force and arms unlawfully and feloniously, and against her will, detain her the said Martha Roe, then and there,+ with intent her the said Martha Roe to marry to [continuing and concluding as in Form No. 180]. 1 Indictment under Gen. Stat.,c. 21S. W. 231); and need not state 29, art. 4, §9, need not charge the manner of detention of the defendant acted maliciously, wil-. woman, but is good if it merely fol- fully, or feloniously (Higgins v. lows the words of the statute.— Com., 94 Ky. 54, 9 Am. Cr. Rep. 20, Cargill v. Com., 13 S. W. 916. 92 SPECIFIC CRIMES. MINNESOTA. Form No. 182. State of Minnesota, V8 County of ...... iaeuns Court for the county of ........, state of Minnesota, ........ Judicial District. The State of Minnesota against John Doe. John Doe is accused by the grand jury of the county OF vgecigany , by this indictment, of the crime of detaining a woman against her will, with intent to compel her by force (or menace), (or duress), (or force, menace, and duress) to marry, committed as follows: The said John Doe, on the ........ QUE GE -socuuess , A. D. 19...., in the city of ........ in this county, did feloniously detain (or take and detain) one Martha Roe, a woman, then and there unlawfully against her will, with intent to compel her the said Martha Roe, by force (or: menace), (or duress), (or force, menace, and duress),* to marry him the said John Doe (or one Samuel Short), (or a person whose name to the jurors aforesaid is unknown), con- trary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Minnesota. Dated at the city of ....... , in the county of ....... . and state of Minnesota, this ........ day Of cwseawes : Deas — ., ebinarawiws aeeremion van ABDUCTION—DETAINING TO MARRY, 93 NEW YORK. Form No. 183. easy Court, County of «2. <..% The People of the State of New York against John Doe. The grand jury of ......; county, by this indictment, accuse John Doe of the crime of abduction, committed as follows: The said John Doe, on the ........ day of piveceeitn tas ,19...., ab the town of ......4, 1 this county, did then and there with force and arms unlawfully and feloniously make an assault in and upon one Martha Roe, a woman, then and there unlawfully and against her will, and with force and arms then and there did unlawfully and feloniously, and against her will, detain (or take and detain) her the said Martha Roe, with intent to compel her the said Martha Roe, by force (or menace), (or duress), (ov force, menace, and duress), to marry him the said John Doe (or one Samuel Short), (or a person whose name to the jurors aforesaid is unknown.) TEXAS. Form No. 184. (Pen. Code §§ 524-526.) State of Texas, ] a County of... .2. j In the name and by the authority of the state of Texas, the grand jurors for the county of ........ , State afore- said, duly organized as such at the ........ Term, in the year of our Lord one thousand nine hundred and ....... ; of the ........ Court for said county, upon their oaths in said court present that John Doe, on THe vos wns day Of t5cenee , in the year of our Lord one thousand nine hundred aud ...0% <<< ; in, said county Of s.s.05<. , in the 94 SPECIFIC CRIMES. state aforesaid, in and upon one Rene Roe, a woman, did make an assault, and then and there by means of said assault did wilfully, unlawfully, and against her will, detain the said Rene Roe, then and there detaining her for the space of ten hours or more, thereby restraining her from removing from one place to another as she might see proper,* with intent then and there to force her the said Rene Roe to marry him the said John Doe (or one Samuel Short), (or to marry a person to the grand jurors aforesaid unknown), [and by reason of said detention and restraint, so caused and effected as afore- said, the said Rene Roe was then and there forced to marry him the said John Doe (or Samuel Short), (or a person to the grand jurors aforesaid unknown) ],' against the peace and dignity of the state. Foreman of the Grand J ary VIRGINIA. Form No, 185. (Code 1887, § 3678.) [Follow Form No. 166 to the *, and add:] did feloni- ously take away Martha Roe, a woman over the age of sixteen years, to wit, of the age of twenty years, against the will of her the said Martha Roe, with intent to marry her the said Martha Roe,* and did then and there felo- niously and unlawfully detain her the said Martha Roe, against her will, for the purpose and with the intent of marrying her the said Martha Roe, against the peace [continuing and concluding as in Form No. 166]. Form No. 186, [Follow Form No. 185 to the *, and add:] with intent to cause her the said Martha Roe to be married to one Samuel Short (or to a certain person whose name to the jurors aforesaid is unknown), and did then and there 1 Omit words in brackets where woman not compelled to marry. ABDUCTION—DETAINING FOR DEFILEMENT. 95 feloniously and unlawfully detain her the said Martha ltoe, against her will, for the purpose and with the intent of marrying her the said Martha Roe, to him the said Samuel Short (or to the person aforesaid whose name is to the jurors aforesaid unknown as aforesaid), against the peace [continuing and concluding as in Form No. 166]. 6. DETAINING WOMAN WITH INTENT TO CAUSE HER DEFILEMENT.! ENGLAND. Form No. 187. (Crim. Law Amend., Act 48 & 49 Vict., ¢. 69.) (Saunders’ Prec. of Indict., 2d ed., p. 32.) County of 2.00.0. , to wit—The jurors for our lady the Queen upon their oath present that John Doe on the pupesces day of ........, im the year of our Lord one thousand nine hundred and ........ yb ee atess ouese , in the county of ........ aforesaid,* anlawfuilly did detain one Jane Roe, a woman (or girl), upon certain premises, to wit, a vacant lot adjoining the dwelling house of one Samuel Short, at said ........ ,in the county of ........ aforesaid, against her will, with intent that she might he carnally known by a man (or men), against the force of the statute in such case made and provided, and against the peace of our lady the Queen, her crown and dignity. Form No, 188. [Follow Form No. 187 to the *, and add:] unlawfully did detain one Jane Roe, a woman (or girl), in a brothel, situate at said ........ , i the county of 1.22. afore- said, against her will, and with intent that she might be carnally known by a man (or men), [continuing and con- cluding as in Form No. 187). 1 Indictment need not allege that defendant did not accomplish the intended act.—Smith v. Com., (Ky.) 127 S. W. 790. 96 SPECIFIC CRIMES. COLORADO. Form No. 189. (1 Mills’ Ann. Stats., § 1223.) [Follow Form No, 164 to the +, and add:] then and there did unlawfully and feloniously, by force (or fraud), (or force and fraud), detain (or take away and detain), against her will, one Martha Roe, a woman, with intent to cause her the said Martha Roe to be carnally known by him the said John Doe (or by one Samuel Short), (or with intent to cause her, the said Martha Roe, to be ear- nally known by some person (or persons) to the said jurors aforesaid unknown), [continuing and concluding as in Form No. 164]. ILLINOIS. Form No. 190. a. Detention for Prostitution. (Hurd’s Rev. Stats., ¢. 38, § 57¢.) [Follow Form No. 172 to the *, and add:] with force and arms, did then and there unlawfully and feloniously detain (or confine), (or detain and confine), one Martha ‘Roe, a female, in a certain house (or room), (or build- ing), (or premises), in the said city of ........ , in the County Of «xscsane aforesaid,* by force (or intentda: tion), (or force and intimidation), against the will of the said Martha Roe, for the purpose of prostitution, by hav- ing illicit sexual intercourse with him the said John Doe (or with one Samuel Short), and with divers other per- sons of the opposite sex, whose names to the grand jurors ‘are unknown,} contrary to [continuing and concluding as in Form No, 178]. Form No. 191. _ [Follow Form No. 190 down to the *, and add:] by force (or intimidation), (or force and intimidation), ABDUCTION—DETAINING FOR DEFILEMENT. 97 against the will of her the said Martha Roe, with intent then and there to cause the said Martha Roe to become a prostitute and to be guilty of fornication (or concu- binage) in said house (or room), (or building), (or prem- ises) aforesaid, in the said city of ........ , in the county a ee aforesaid, by there having illicit sexual intercourse with him the said John Doe (or with one Samuel Short), and with divers other persons of the opposite sex whose names to the grand. jurors are unknown,t [continuing and concluding as in Form No. -190]. Form No. 192. b. Attempting to Prevent Escape. [Follow Form No. 190 or 191 down to the +, and add:] and thereafter, to wit, onthe ...... day OF osccs as , in the 'year of our Lord one thousand nine hundred and ....... ’ im the said city Of .is0e Spans Pawnee Circuit Court. George Smith and Ann Coe. The grand jury of ........ county, in the name and by the authority of the state of Arkansas, accuse George Smith and Ann Coe of a misdemeanor, committed as fol- lows: The said George Smith, being a man, and the said Ann Coe, being a woman, did on the...... day of ...... ; A. D.19.., and on divers other days before and after said day, in the county aforesaid, lewdly and lasciviously cohabit together as husband and wife, they the said George Smith-and the said Ann Coe not being then and there lawfully married to each other, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Arkansas. pe Par eee aeRe wes , Prosecuting Attorney, ovens Judicial Circuit of Arkansas. 1 Indictment must negative the fact of marriage between the par- ties. Crouse v. State, 16 Ark. 566. The same rule prevails in Iowa (State v. Clinch, 8 Iowa'402) and North Carolina.. See. part Form No. 285, footrote. ‘'2'See Crouse v. State, 16 Ark. 566; Hopper v. State, 19 Ark.'143; State v. Burget, 22 Ark. 323; State v. Dunn, 26 Ark. 34; Sullivan v. _ State, 32 Ark. 187; Lyerly'v. State, 36 Ark. 89; Taylor v. State, 36- Ark. 84,4 Am. Cr. Rep. 30; Bush v. State, 37 Ark. 215, ADULTERY—ACTS OF FORNICATION. 165 MICHIGAN. Form No. 282. (Precedent from Delany v. People, 10 Mich. 241.) State of Michigan, County of ...... 5 CALEY OL scuy es The Recorder’s Court in and for the city of ...... , in said court, of the ...... Term thereof, in the year of our Lord one thousand nine hundred and ...... In the name of the people of the state of Michigan, I, David E. Harbaugh, prosecuting attorney in and for the said county of ...... , who prosecutes for and on behalf of the people of said state, come now here in said court and give the said court here to understand and be informed that Thomas Delany, late of the city of and Mary Stewart, late of said city of .......... , on the eee day of .......,1in the year of our Lord one thou- sand nine hundred and ...... , and on divers other days before and after said date, at the city of ...... aforesaid, did lewdly and lasciviously associate and cohabit together, he the said Thomas Delany being then and there a man, and she the said Mary Stewart being then and there a woman, and they the said Thomas Delany and the said Mary Stewart not being then and there married to each other, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan. . Prosecuting Attorney of ...... County, Michigan. | 166 SPECIFIC CRIMES, MINNESOTA, Form No. 283. (Stats. 1894, § 6557.) The District Court for the county Om .oe... and state of Minnesota. The state of Minnesota against John Doe and Ann Styles. John Doe and Ann Styles are accused by the grand jury of the county of ........ by this indictment of the crime of fornication, committed as follows: The said John Doe and Ann Styles, on the ....... dav of .csasie , A. D. 19.., at the city of ....... , in said county of ....... , did (lewdly and lasciviously) cohabit together, they not being then and there lawfully married to each other, the said John Doe being then and there a single man (or a mar- ried man) and the said Ann Styles being then and there a single woman, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Minnesota. MISSOURI. Form No. 284. (Precedent from State v. Bess, 20 Mo. 420.) State of Missouri, \ County of .....- In the ..... :, Cirouit Court, 2.560% Term, 19.. The grand jurors for the state of Missouri, impaneled, ete., upon their oath present that John Bess and Polly Bess (alias Polly Cox), both late of ...... county, on the ee day of ...., in the year nineteen hundred and ...., and on divers other days between that day and the time of the finding of this bill of indictment, with force and arms, at .... county aforesaid, did then and there live in a state ADULTERY—ACTS OF FORNICATION, 167 of open and notorious adultery, and did then and there lewdly and lasciviously abide and cohabit with each other; and were then and there guilty of open gross Tewdness and lascivious behavior by then and there pub- licly, lewdly, and lasciviously abiding and cohabiting with each other, contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the state. ee eee ees e ees eee nescence Prosecuting Attorney for the County of ...... NORTH CAROLINA.! Form No. 285. (Precedent from State v. Cowell, 26 N. C., 4 Ired. L., 281.) North Carolina, euheceas county. Superior Court of Law, Spring Term, 19.. The jurors for the state upon their oaths present that Thomas Cowell, late of said county, laborer, and Amanda Williams, late of said county, spinster, on the ...... day Of i taiee , in the year aforesaid, and on divers other days and times before and after that day, with force and arms, in the said county, unlawfully did bed and cohabit together, without being lawfully married, and then and there did commit fornication and adultery, against the form of the statute in such case made and provided, and against the peace and dignity of the state. 1 Indictment must negative fact of marriage between the parties. State v. Dickinson, 18 N. C. (1 Dev. & B.) 349; State v. Aldridge, 20 N. C. (3 Dev. & B.) 331. This rule prevails elsewhere. See, ante, Form No. 281, footnote L 168 SPECIFIC CRIMES, Form No. 286, (Precedent from State v. Fore, 23 N. C., 1 Ired. L., 378.) State of North Carolina, ie or county. Superior Court of Law, Fall Term, 19.. The jurors for the state upon their oaths present that Joel Fore (a free man of color), late of the county of aires ,on the ...... day of ......, in the year one thou- sand nine hundred and ...... , and on divers other days and times before the taking of this inquest, with force and arms, at and in the county aforesaid, did take into house one Susan Chesnut (a white woman), and they did then and there live and bed and cohabit together without being lawfully married, contrary to the form of the stat- utes in such case made and provided, to the evil example of all others in like case offending, and against the peace and dignity of the state. And the jurors aforesaid, upon their oaths aforesaid, do further present that Joel Fore (a free man of color), late of the county aforesaid, and on the day and year aforesaid, and on divers other days and times, at and in the county aforesaid, with force and arms, did take into his house one Susan Chesnut (a white woman), and they did then and there have one or more children without parting or entire separation, they, the said Joel Fore and Susan Chesnut, never having been lawfully married, contrary to the Act of Assembly in such case made and provided, to the evil example of all others in like case offending, and against the peace and dignity of the state. Sleauiedeowr naka » Solicitor. ADULTERY—ACTS OF FORNICATION. 169 Form No. 287. (Preeedent from State v..Lyerly, 52 N.C., 7 Jones L., 159.)1 State of North Carolina, aicae county. @ Superior Court of Law, Spring Term, 19.. The jurors for the state upon their oath present that George M. Lyerly, a male, late of said county of ....... and Jane May, a female, late of said county of ...... ,on ANG nua oe Gay OF seicews , in the year of our Lord nine- teen hundred and ...... , and on divers other days and times, both before and after that day, with force and arms, in said county, unlawfully did bed and cohabit together without being lawfully married; and then, and on said other days and times, and there did commit for- nication and adultery, against the form of the statute in such case made and provided, and against the peace and dignity of the state. ieeruanotaeeeacreas » Solicitor. TEXAS. Form No. 288. (Precedent from Golden v. State, 32 Tex. 741.) [Follow Form No. 60 to ‘‘state of Texas,’’ and add:] R. Griffin Golden and Jemima Scott did, in said county and state aforesaid, on or about the ...... day Of savvex j 19.., commit adultery by living together and cohabiting, or having carnal knowledge of each other, at dive times at and before the time aforesaid, in said state and county, he the said R. Griffin Golden, at the time of com- mitting the adultery with the said Jemima Scott, being a married man, and his wife (Jane) then living, contrary to the form of the statute in such case made and pro- vided, and against the peace and dignity of the state. Foreman of the Grand J nae 1A similar indictment was sustained in State v. Tally, 74 N. C. 322. 170 SPECIFIC CRIMES. IV. AFFRAY. 1. AT COMMON LAW. Form No. 289. Rex against ! Middlesex, to-wit. John Doe and Richard Roe. The jurors for our lord the king upon their oaths pre- sent that John Doe and Richard Roe, both late of the parish of St. George, in the county of Middlesex, yeo- men, on the eleventh day of June, in the twenty-first year of the reign of our sovereign lord, George the Fifth, by the grace of God king of Great Britain, etc., being unlaw- fully assembled together, and arrayed in a warlike man- ner, then and there in a certain public place, to-wit, at Hanover Square, in the parish of St. George, in the county of Middlesex, with force and arms unlawfully, and to the great terror of divers good and peaceable citizens then and there being, an affray did make by then and there voluntarily fighting with each other; and the said John Doe and the said Richard Roe did then and there unlawfully assault, beat, bruise, wound, and ill-treat each other, to the evil example of all others in like case offend- ing, and against the peace of our said lord the king, his crown and dignity. 2. UNDER STATUTE. a. Fighting in Public Place. ee ILLINOIS. "Form No, 290. State of Illinois, \ss Cook county. In the...... Term of the Circuit Court, in the year of our Lord 19.. The grand jurors, chosen, selected, and sworn in and for the county of Cook, in the name and by the authority AFFRAY—ASSAULTING THIRD PERSON, 171 of the people of the state of Illinois, upon. their oaths present that John Doe and Richard Doe, laborers, both late of Chicago, in said county of Cook, on the first day of May, in the year of our Lord one thousand nine hun- dred and ...... , then and there in a certain public place, to-wit, in a public street in the city of Chicago, in the county aforesaid, did make an affray, by then and there unlawfully and by agreement fighting together, to the great terror of many good and peaceable citizens of said county and state then and there lawfully being; and said John Doe and said Richard Roe did then and there unlawfully assault, beat, bruise, wound, and ill-treat each other, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Illinois. : b. Assaulting Third Person wn Public Place, MISSOURI. Form No. 291, State of Missouri, County of Barton. \ In the Barton Circuit Court, ...... Term, A. D. 19... The grand jurors for the state of Missouri, impaneled, sworn, and charged to inquire within and for the body of the county of Barton, and state aforesaid, upon their oath present and charge that John Doe and Richard Roe, both late of the city of Lamar, in said county of Barton, on the first day of January, A. D. 19.., in a certain pub- lie place, to-wit, in a public street of said city of Lamar, did make an affray by then and there unlawfully assault- ing, beating, wounding, bruising, and ill-treating one John Fenn, to the great terror and disturbance of other persons then and there being, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Missouri. 172 SPECIFIC CRIMES. VY. ARSON AND BURNING. 1. DWELLING-HOUSH. ALABAMA, (See Form No. 301, post.) CALIFORNIA. (1). Burning in Daytime. (Kerr’s Pen. Code, 1915, § 447.) Form No. 292. (Precedent from Kerr ’3 Cye. Pen. Code, p. 1419.) . [Follow Form No. 13 to charging part, and add:] Did, with intent to destroy, wilfully, unlawfully, maliciously, and feloniously, set fire to and burn a certain building, (OWI, 45s couse) , situate in said county of ....... , said building being then and there the property of one gaeeaceen ..-..., and then and there actually occupied by Contrary [closing as in Form No. 13]. Form No. 293. (Precedent from People v. Hood, 6 Cal. 236.) [Commence as in Form No. 18 and add:| John Hood is accused by the grand jury of the county of Siskiyou, by this indictment, of the crime of arson committed as follows*: The said John Hood, on or about the eleventh day of October, in the year one thousand nine hundred BO wove tanes , in Scott’s Valley, Siskiyou county, state of California, did wilfully and! maliciously burn, or cause 1 Where the statute says ‘“‘wil- fully or maliciously” burned, an indictment charging wilful and house wilfully or maliciously it in- tensifies the criminality to burn it wilfully and maliciously.” State malicious burning is not vitiated by the use of the copulative con- junction, for the reason that “if it be criminal to burn a dwelling- v. Banton, 4 La. Ann. 31; State v. Price, 37 La, Ann, 215, 6 Am. Cr. Rep. 33. ; ARSON—BURNING DWELLING AT NIGHT. 173 valley, the ee of one Mary Duncan, contrary, ete. [close as nm Form No. 292.] Form No. 294. (Precedent from People v. Wooley, 44 Cal. 495.) [Follow Form No. 293 to the *, and add:] The said John Wooley, on or about the 26th day of January, A. D. 19.., at the county and state aforesaid, then and-there being,? then and there did wilfully, muah couse delib- erately, and*® feloniously burn and? cause to be burned the dwelling-house of one Thomas J. Keeton, contrary [concluding as in Form No. 292]. (2). Burning in Night-Time. (Kerr’s Pen. Code, 1915, § 447.) Form No. 295, =: (Precedent from Kerr’s Oye. oo Code, p. 1420.) [Commence as in ‘Form No. 292, and add:| Did then and there wilfully, unlawfully, feloniously, and mali- ciously, in the night-time of said day, set fire to, burn, and cause to be burned that certain inhabited building of teers situated at ie WE Re ay ae a ga 1 This form was held fatally defective because in the disjunc- tive, “burned or caused to be burned” (People v. Hood, 6 Cal. . 238); but Judge Norton in the opinion in People v. Myers, 20° “The decision, Cal. 76, 79, says: in People v. Hood, on this point, was thade without due considera- tion, and should be overruled.” See, also, note 2 to Form No. 294, and note to Form No. 304. 2 Objection indictment insuffi- cient because it did not’ suffi- ciently show that the alleged of- fense was committed within the ; nein furiadievion of ‘he court, was held not well taken. The locus quo of ' the property burned is sufficiently alleged by the words “then and there,” referring to the time and county’ previously stated. Baker v. State, 25 Tex. App. 1,.8 Am., St. Rep. 427, 8 s. W. 23.- 3 The tise of the copulative con- junction,- “and,” where. the -stat- ute uses the disjunctive conjunc- tion, “or,” does. not vitiate the in- ‘State’ v. Price, a7 La. ‘Ann. 215,'6 ‘Am. Gr. Rep. 33. See, also,:note.2 to robe Nd: 298, and note to Form No, 804.00 ou, 174 SPECIFIC CRIMES. ie county) of ...... , with the felonious intent then, there, and thereby to destroy the said building, which said building was then and there occupied by human beings, to-wit, ...... Contrary, ete. [Closing as in Form No. 292.] INDIANA. Form No. 296. (Precedent from Garrett v. State, 109 Ind. 258, 10 N. EB. 570.) [Commence as in Form No. 24, and add:] The grand jury of the county of Henry upon their oath do present that William Garrett, on the 25th day of June, 19.., at Henry county, in the State of Indiana, did then and there unlawfully, feloniously, wilfully and maliciously set fire to and burn a certain dwelling-house, then and there situ- ate, of the value of one thousand dollars, then and there being the property of another person, to-wit, Hannah Garrett, and did then and there, and thereby, unlawfully, feloniously, wilfully. and maliciously, burn and destroy said property, to the damage thereof in the sum of one thousand dollars, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Indiana. arr ee eee , Prosecuting Attorney. MAINE. Form No. 297. (Precedent from State v. Hurley, 71 Me. 354.) Cumberland, ss. At the superior court, begun and holden at Portland, within and for the county of Cum- berland, on the first Tuesday of September, in the year of our Lord one thousand nine hundred and ....... , the grand jurors for said State, upon their oath present, that Patrick Hurley, of said Portland, laborer, on the twenty- eighth day of June, in the year of our Lord one thousand nine hundred and ...... , at Deering, in said county of ARSON—BURNING DWELLING. 175 Cumberland, with force and arms, the dwelling-house of one Catherine Connors there situate in the night-time feloniously, wilfully and‘ maliciously did ‘set fire to with intent to burn the same, and the said dwelling-house was thereby then and there burnt and consumed against the peace of said State, and contrary to the form of the stat- ute in such case made and provided. See gastos ., Foreman. A true bill. NEW YORK. Form No. 298. [Follow Form No. 46 to charging part, and add:] the said John Doe, on the tenth day of May, 19.., about eleven o’clock in the night-time of said day, at the village of ...,in the said county, did feloniously, unlawfully, wil- fully, and maliciously, set * fire to and burn (or cause to be set fire to and burned) (or set fire to) (or burn) (or set fire to with intent to burn and thereby burned) a certain inhabited building there situate,t in which there was at the time a human being, namely, Leonard A. Ford (or whose name is to the grand jury unknown) of the value of one thousand dollars, and being then and there the property of another, to-wit, of one Edward Warren (or set fire to a certain shop of him the said John Doe there situate, with intent to thereby burn a certain building, | to-wit, a dwelling-house, the property of one Edward War- ren, which said dwelling-house was then and there thereby | burned), to the damage thereof in the sum of one thou- sand dollars contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the people of the state of New York. eee tere eee eee mee ees eneoen District Attorney for the County of Suffolk. 1 As to use of conjunction where statute uses disjunction. See notes to Forms Nos. 293 and 294, ante, and 304, post. 176 SPECIFIC CRIMES, Form No. 299. (Precedent from Didieu v. People, 4 Parks Cr. Rep. 593.) [Commence as in Form No. 298, and add:| That Fran- cis Didieu, late of the fifth ward of the city of New York, in the county of New York aforesaid, on the twenty-first day of March, in the year of our Lord one thousand nine hundred and ......., at the ward, city and county afore- said, with force and arms, in the night-time of the said day, a certain dwelling-house of one Amelia Asselin, then and there situate ........... there being then and there, within the said dwelling-house, some human being ...... feloniously, wilfully and maliciously, did set fire to, against the form of the statute in such case made and pro- vided, and against the peace of the People of the State of New York, and their dignity. so ines ee ncdeades , District Attorney. 2. BURNING BARN OR OTHER OUT-BUILDING.! ALABAMA. Form No. 300. (Precedent from Cheatham v. State, 59 Ala. 40.) [Commence as in Form No. 10, and add:] The grand jury of the said county charge that, before the finding of this indictment, Melissa Cheatham wilfully set fire to or burned a cotton-house of Robert Haygood within the curtilage of the dwelling-house of the said Robert Hay- good, by the burning whereof the said dwelling-house was also burned. And the grand jury of the said county further charge 1Burning outhouses being charged, indictment need not al- lege. whether the same was lo- cated in a city, town, or village (Caster v. State, 106 Ga. 372, 71 Am, St. Rep. 262, 11 Am. Cr. Rep. 125, 32 S. HE. 345); for, as has been said, “whether the out-house burned be in a city, town, or vil- lage, or, not, does not affect the legal character of the offense; it affects the punishment, only.” Smith v. State, 64 Ga. 605. ARSON—BURNING OUT-BUILDING. 177 that, before the finding of this indictment, Melissa Cheat- ham wilfully set fire to and burned a cotton-house of Robert Haygood. And the grand jury of said county further charge that, before the finding of their indictment, Melissa Cheatham wilfully set fire to, or burned an inhabited dwelling-house of Robert Haygood, against the peace and dignity of the State of Alabama. Form No. 301. (Precedent from Brown v. State, 52 Ala, 345—Arson in Third Degree Under Code 1876, § 4348.) [Commence as in Form No. 300, and add:] The grand jury of said county charge that, before the finding of this indictment, Joe Brown and Bama Hicks wilfully set fire to and burned a building, to-wit, a corn-crib, of Henry Grady, against the peace and dignity of the state of Alabama. The grand jury of the said county further charge that, before the finding of this indictment, Joe Brown and Bama Hicks wilfully set fire to and burned a building, to-wit, a barn of Henry Grady, against the peace and dig- nity of the state of Alabama. TT ee rr ee , Solicitor of the Third Circuit. MISSOURI. Form No. 302. ., (Preeedent from State v. Jones, 106 Mo. 303, 7 8. W. 366.) [Commence as in Form No. 36, and add:] The grand jurors for the state of Missouri, paneled. sworn, and charged to inquire within and for the body of the county of Newton and state of Missouri aforesaid, upon their ‘oaths present and charge that on or about the first day of Apr 19.., at the county of Newton and state of Mis- souri*,.one Reed Jones wilfully, maliciously, and felo- niously, did set fire to and burn a certain barn there situ- Crim. Proc. Forms—12 ¢ 178 SPECIFIC CRIMES. ate, the property of J. A. Robertson, and of the value of $800, against the peace and dignity of the state. Prosecuting Attorney for the County of Newton, NEW HAMPSHIRE. Form No. 303. (Precedent from State v. Emerson, 53 N. H. 619.) [Commence as in Form No. 42, and add:] The grand jurors of the state of New Hampshire upon their oath present that Bradbury Emerson, late of the county of Ossipee, on the first day of August, in the year of our Lord one thousand nine hundred and ...... , at the town- ship of Ossipee, in the county of Carroll aforesaid, with force and arms, a certain building of one Thomas J. Blake, of said Ossipee, laborer, there situate, called a barn, feloniously, wilfully, and maliciously did set fire to, burn, and consume against the peace and dignity of the state. aha Resi idwioe , Solicitor of Carroll County. NEW JERSEY. Form No. 304, (Precedent from State v. Price, 11 N. J. L., 6 Halst. 304.)1 The state of New Jersey against Sussex county, ss. Zachariah Price. Sussex Oyer and Terminer and General Gaol Delivery, May Term, A. D.19.. The jurors of the state of New Jersey, for the body of the county of Sussex, upon their oaths and affirmation, 1To the objection that this in- offense in the disjunctive, the dictment was defective for the reason that the offense was charged in the conjunctive, whereas the statute denounces the court, in holding the indictment sufficient, remarked (p. 215) that “the expressions to burn, and cause to be burned, are not incon- ARSON—-BURNING OUT-BUILDING. 179 William Green, one of the said jurors, being the only per- son who affirmed on the said jury, alleging himself to be conscientiously scrupulous of taking an oath, present that Zachariah Price, late of the township of Vernon, in the county of Sussex aforesaid, not having the fear of God before his eyes, but being moved and seduced by the insti- gation of the devil, on the twenty-fifth day of March, in the year of our Lord, one thousand nine hundred and spears , with force and arms, etc., at the township afore- said, in the county aforesaid, and within the jurisdiction of this court, one barn, of the property of one Nicholas Ryerson, not parcel of the dwelling-house of the said Nicholas Ryerson, there situate, wilfully and maliciously did burn, and cause to be burned, to the great damage of the said Nicholas Ryerson, to the evil example of all others in the like case offending, contrary to the form of the statute in such case made and provided, against the peace of this state, the government and dignity of the same. Uviibabaaieseuesse , Prosecutor of the Pleas. NORTH CAROLINA. Form No. 305. (Precedent from State v. Green, 92 N. C. 780.) [Commence as in Form No. 47, and add:] The jurors for the state upon their oath present, that James Green and Hardy Williams, late of the county of Cumberland, on the 10th day of October, A. D. 19.., with force and arms, at and in said county, unlawfully, wilfully, mali- gruous nor inconsistent; and this mode of stating the offense is of frequent occurrence.” Citing 3 Chitty’s Cr. L. 1053-1057, 1066, 1067, 1072; Archb, Cr. Pl. 25, 348; Starkie 271. “As a precedent of a form of indictment State v. Price is enti- tled to a special weight, as it was brought before a court in a case which was closely contested, and in which every objection was taken, however minuté, which was deemed available.” People v. Myers, 20 Cal. 76, 79. See, also, footnotes, Forms No. 293 and 294, ante. 180 SPECIFIC CRIMES. ciously, and feloniously, did set fire to, and burn, a cer- tain gin-house then and there in the possession and the property of Cyrus A. Martin and James F. Martin, with intent to destroy the same, and with intent to injure and defraud the said Cyrus A. Martin and James F. Martin, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state. ioiewreeneeyaees , Solicitor. OREGON. Form No. 306. (Precedent from State v. Roberts, 15 Ore. 188, 13 Pac. 896.¥ [Title as in Form No. 58, and add:] Illis Roberts is accused by the grand jury of the county of Multnomah of the crime of arson committed as follows: The said Illis Roberts, on the thirtieth day of July, A. D.19.., in the county of Multnomah, and State of Oregon, did wil- fully, maliciously, unlawfully, and feloniously set fire to and burn in the night-time a barn of another, namely, the barn of W. 8S. Ladd, situated in the county of Mult- nomah, and State of Oregon, with intent to injure thereby the said W. S. Ladd. Dated at Portland, in the county of Multnomah afore- said, the fifteenth day of February, A. D. 19.. Piaaeoaeeens seeeeeeee, District Attorney. . SOUTH CAROLINA. Form No. 307. (Precedent from State v. Moore, 24 8. C. 152.) [Title as in Form No. 57, and add:].At a Court of Gen- eral Sessions, begun and holden in and for the County of Abbeville, in the State of South Carolina, at Abbeville courthouse, in the county and State aforesaid, on Mon- day, the second day of February, in the year of our Lord one thousand nine hundred and ......., the jurors of and ARSON—BURNING OUT-BUILDING, 181 for the County of Abbeville aforesaid, in the State of South Carolina aforesaid, that is to say, upon their oaths, present that John Moore, on the fourteenth day of November, in the year of our Lord one thousand nine hundred and ...... , with force and arms, in the County of Abbeville and State aforesaid, did wilfully and mali- ciously set fire to and burn the gin-house of Francis Arnold, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State aforesaid. Mae raesos eeeeeee, SOlicitor. VIRGINIA. Form No. 308. (Precedent from White v. Com., 29 Gratt. 824.) [Title as in Form No. 64, and add:] The jurors of the Commonwealth of Virginia in and for the body of the county of Dinwiddie, and now attending the said court, upon their oath present that Alexander White, on * the 15th of October, 19.., in the said county, a certain out- house, commonly called a barn, or tobacco-house, with a stable attached, belonging to James W. Gunn, which, with the property then therein contained, was of the value of $400, feloniously and maliciously did burn, against the peace and dignity of the Commonwealth of Virginia. Form No. 309. (Precedent from Wolf v. Com., 30 Gratt. 834.) [Commence as in Form No. 308, continuing down to the *, and add:] on the first day of January, in the year of our Lord one thousand nine hundred and ....... , did feloniously and maliciously burn a certain barn and the property therein, said barn and the property therein being the property of one H. H. Dulaney, and situated in said county, which said barn, with the property therein, 182 SPECIFIC CRIMES. was then and there of the value of $1,500 against [con- cluding as in Form No. 308]. 3. BURNING MANUFACTURING BUILDING OR WAREHOUSE? . KANSAS. Form No. 310. (Precedent from State v. Colgate, 31 Kan. 512, 47 Am. Rep. 507, 5 Am. Cr, Rep. 71, 3 Pac. 346.) [Commence as in Form No. 26,-and add:] The grand jurors for the state of Kansas, in and for the county of Cowley, duly impaneled, sworn, and charged to inquire within and for the county of Cowley, upon their solemn oaths present that William H. Colgate, late of said county of Cowley and within the jurisdiction of this court, on the thirteenth day of August, 19.., * did unlawfully, wil- fully, maliciously and feloniously set fire to and burn, in the night-time, a certain grist-mill, situate in Cowley county, state of Kansas, and belonging to C. A. Bliss and B. F. Wood, partners under the firm-name and style of Bliss & Wood contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the state of Kansas. i pesn tar eeweN areas , District Attorney. 1An indictment alleging the burning of a certain “flouring, grist and corn mill house,” suffi- ciently charges the burning of a building (Jordan v. State, 142 Ind, 422, 10 Am. Cr. Rep. 31, 41 N. E. 817). The courts say: “By the or- dinary use of the word ‘house,’ it is understood to mean a building, and when taken in connection with the words ‘flouring,’ ‘grist,’ ‘mill,’ etc., is capable of but one mean- ing. This was very clearly decided in Ford v. State, 112 Ind. 373, 14 N. E. 241.” ARSON—BURNING WAREHOUSE, 183 OHIO. Form No. 311. (Precedent from Allen v. State, 12 Ohio St. 289.) [Commence as in Form No. 50, and add:| The jurors of the grand jury of the state of Ohio within and for the body of the county of Butler, impaneled, sworn, and charged to inquire of crimes and offenses committed within said county of Butler, in the name and by the authority of the state of Ohio, on their oaths do find and’ present that (here followed first and second counts, on which the prosecuting attorney entered a nolle prosequt). And the grand jurors aforesaid, upon their oath afore- said, do further present and find that William C. Herron, late of the county of Butler aforesaid, on the twenty- fifth day of May, in the year of our Lord one thousand nine hundred and ........ , at the county aforesaid, did feloniously, wilfully, and maliciously, and with force and arms, set fire to and did then and there, by such firing, as aforesaid, feloniously, wilfully, and maliciously, and with force and arms, burn a certain warehouse, of the value of five hundred dollars, there situate, the property of the Four-Mile Valley Railroad Company, a body cor- porate, duly incorporated by the laws of the State of Ohio, said warehouse then and there being in the pos- session and occupancy of one Simeon Allen, under a temporary lease of said warehouse, from said Four-Mile Valley Railroad Company to said Simeon Allen, contrary to the form of the statute in such case made and pro- vided, and against the peace and dignity of the State of Ohio. And the grand jurors aforesaid, upon their oath aforesaid, do further present and find that said Simeon Allen, late of said county, before the said crime of arson was committed, in form aforesaid, by said William C. Herron, to-wit, on the twenty-fourth day of May, in the year of our Lord one thousand nine hundred and ...... ; 184. SPECIFIC CRIMES. at the county aforesaid, did feloniously, wilfully, and mali- clously incite, move, procure, counsel, hire, and command the said William C. Herron, the said crime of arson, in manner and form aforesaid, to do and commit, contrary to the form of the statute in such case made and pro- vided, and against the peace and dignity of the State of Ohio. igosusieds ...-+, Prosecuting Attorney. 4. BURNING PUBLIC BUILDING. a. A Jail or Other Prison. MISSOURI. Form No. 312. (Precedent from State v. Johnson, 93 Mo. 75,5 8S. W. 699.) [Commence as in Form No. 302, and continue down to the *, then add:] one J. B. Johnson, being then and there a convict confined in the state penitentiary, then and there situate, the said penitentiary being then and there the state prison, wherein persons convicted of felonious _ crimes are usually confined and lodged according to the statutes in such cases made and provided, wherein also certain officers, servants, and employees of said state in charge of, and employed in, said penitentiary, usually at the time aforesaid, did lodge, feloniously, wilfully, and maliciously, did set fire to the penitentiary aforesaid, the shops and other buildings therein contained, and the same then and there, by such firing as aforesaid, feloniously, wilfully, and maliciously, did burn, against the [conclud- ing as in Form No. 302). 1 Jail or prison declared dwell- ing-house by statute, indictment for arson in first degree failing to allege that the jail or prison burned was a dwelling-house, is fatally defective (State v. Whit- more, 147 Mo. 78, 11 Am. Cr. Rep. 130, 47 S. W. 1038), because this fact being an element of the of- fense in the statutory terms em- ployed, the indictment must in- clude it. McLain v. State, 4 Ga. 335; State v. Sutcliffe, 4 Strobh. (S. C.) L, 372, ARSON—BURNING COURT HOUSE, 185 VIRGINIA, Form No. 313. (Precedent from Com. v. Posey, 4 Call. 109, 2 Am. Dec. 560.) [Follow Form No. 308 to the *, and add:] the fifteenth day of July, in the year of our Lord one thousand nine hundred and ...., between the hours of ten and two in the night of the same day, with force and arms, at the parish aforesaid in the county aforesaid, two houses, to wit, a certain house of one William Clayton there sit- uate, and also, one other certain house, to wit, the com- mon gaol and county prison in the said county of New Kent, in the parish and county aforesaid situate, felo- niously, willingly, and maliciously, did set fire to, and the same houses then and there situate, by such firing as aforesaid, feloniously, willingly, and maliciously, did burn and consume, against the peace and dignity of the commonwealth of Virginia. b. A Court House. ARKANSAS. Form No. 314. (Precedent from Mott v. State, 29 Ark. 148.) [Commence as in Form No. 11, and add:| The grand jurors of Poinsett county, duly impaneled, sworn and charged, in the name and by the authority of the State of Arkansas, accuse George W. Mott of the crime of arson, committed as follows:* That the said George W. Mott, on or about the 6th day of September, 19. ., in the said county of Poinsett, did feloniously, wilfully and maliciously set fire to and burn the court house of Poin- sett county, in the town of Harrisburg, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Arkansas. Sree Terre Toe ee , Prosecuting Attorney Second Judicial Circuit of Arkansas. 186 SPECIFIC CRIMES. c. A Church. VERMONT, Form No. 315. (Precedent from State v. Roe, 12 Vt. 93.) [Commence as in Form No. 63, and add:] Be it remem- bered that at the county court, begun and holden at Bur- lington within and for the county of Chittenden, on the last Tuesday of August, A. D.19.. The grand jurors within and for the body of the county of Chittenden aforesaid, now here in court duly impaneled and sworn upon their oaths present, that Joseph Roe of Burlington aforesaid, on the 23d day of June, A. D. 19.., with force and arms, at Burlington aforesaid, a certain meeting house, then and there situated, belonging to First Calvin- istic Congregational Society in Burlington aforesaid, erected for public use, to wit: for the public worship of Almighty God, did then and there wilfully, maliciously and feloniously set fire to and burn, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the state. And the grand jurors aforesaid, now here in court duly impaneled and sworn as aforesaid, upon their oaths further present, that the said Joseph Roe, on the 23d day of June, A. D. 19.., with force and arms, at Burling- ton aforesaid, a certain meeting house then and there situated, called and known by the name of the White Church, a building erected for public use, to wit, for the public worship of Almighty God, did then and there wil- fully, maliciously and feloniously burn, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the state. ARSON—BURNING BRIDGES, ETC. 187 5. BURNING A BRIDGE. FLORIDA. Form No. 316. (Precedent from Dunean v. State, 29 Fla. 439, 444, 10 So. 815.) [Follow Form No. 20 to charging part, and add:] that Joseph Duncan, late of said county, laborer, on the 17th day of May, A. D: 19.., at and in the county, circuit and state aforesaid, with force and arms did then and there unlawfully, wantonly and maliciously injure by setting fire to and burn the trestle of the Florida Central and Peninsular Railroad Company, a corporation doing busi- ness in the state of Florida, in such manner as to endan- ger the passage of the train of said company and throw the same from the track of said railroad. And the jurors aforesaid, upon their oaths aforesaid, do further say that the said Joseph Duncan at the time aforesaid, and in the county and state aforesaid, did then and there unlawfully, wilfully and maliciously set fire to and burn a bridge, the property of the Florida Central and Penin- sular Railroad Company, a corporation doing business in the state of Florida, contrary to the statute in such case made and provided, and against the peace and dig- nity of the state of Florida. caeVe ome epees ....-, state Attorney For the Third Judicial Circuit of Florida. 6. BURNING PERSONAL PROPERTY.! 1 Where a person has been ac- quitted under an indictment charg- ing the burning of a building— e. g. mill—this will be a bar to a subsequent indictment and pros- ecution charging the burning of personal property—e. g., books and papers—by means of the same fire which destroyed the building. State v. Colgate, 31 Kan. 511, 47 Am. Rep. 507, 5 Am. Cr. Rep. 71, 3 Pac. 346, founded upon the au- thority of Com. v. Wade, 34 Mass. (17 Pick.) 395; Com. v. Squire, 42 Mass. (1 Metc.) 258; State v. Cooper, 13 N. J. L. (1 Green) 361, 25 Am. Dec. 490; Woodford v. Peo- ple, 62 N. Y. 117, 20 Am. Rep. 464; Hennessey v. People, 21 How. Pr. (N. Y.) 239, and Rex v. Cooper, 5 Car. & P. 335, 24 Eng. Law. 188 SPECIFIC CRIMES. KANSAS, Form No. 317. (Precedent from State v. Colgate, 31 Kan. 512, 47 Am. Rep. 507, 5 Am. Gr, Rep. 71, 3 Pac. 346.) [Follow Form No. 310 to the *, and add:] wilfully, maliciously, unlawfully and feloniously did set fire to and burn in the night-time, of the goods, wares, merchan- dise and chattels of C. A. Bliss and B. F. Wood, part- ners, doing business under the firm-name and style of Bliss & Wood, one grain and shipping book, and one petty account book, the said books then and there being the books of account representing and setting forth the business then and for a long time prior thereto trans- acted and done by the said firm of Bliss & Wood in their business as private millers and shippers of grain, flour, and mill-stuffs, contrary [concluding as in Form No. 310]. NORTH CAROLINA, Form No. 318. (Precedent from State v. Simpson, 9 N. C., 2 Hawks, 460.) [Commence as mm Form No. 47, and add:| The jurors for the state, upon their oath, present, that Edward Simpson, late of Columbus county, on the fifteenth day of January, in the year of our Lord one thousand nine hundred and ...., with force and arms, in said county, unlawfully, wickedly, maliciously, and mischievously, did set fire to, burn and consume, one hundred barrels of tar, of the goods and chattels of one Luke Yates, then and there being, to the.evil example of others, in like case offending, and against the peace and dignity of the state. EMER OREM eK eee , Solicitor. BURNING TO DEFRAUD INSURER. 189 7 BURNING: WITH INTENT TO DEFRAUD INSURANCE COMPANIES.? a. Building Insured. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 548.) Form No. 319. (Precedent from Kerr’s Cyc. Pen. Code, p. 1420.) [Commence as in Form No. 292, and add:] Did wil- fully, unlawfully, maliciously, and feloniously burn and injure certain property, to wit, a certain building of one peas , Situated at ......, in said county of ......, said building being then and there insured against loss and damage by fire, with the intent then and there to defraud and prejudice the insurer thereof, to wit, ...... [onsért- img name of insurance company], contrary, ete. [closing as in Form No. 292]. MASSACHUSETTS. Form No. 320. (Precedent from Com. v. Bradford, 126 Mass. 43.) ; [Follow Form No. 31 to end of first paragraph, and add:| The jurors for the Commonwealth of Massachu- setts upon their oath present that Levi Bradford, late of Williamsburg in the county of Hampshire aforesaid, on the fourteenth day of February in the year of our Lord one thousand nine hundred and ...., at Williamsburg in said county,* feloniously,. wilfully, and maliciously did set fire to, burn, and consume a certain grist mill and shop there situate, of the property of Herbert L. Bradford and Gilbert M. Bradford, of said Williams- burg, which grist mill and shop were then, to-wit, at the time of the committing of the felony aforesaid, insured against loss and damage by fire, with intent of him the 1 Third degree arson in Minnesota. See post, Form No. 337, 190 SPECIFIC CRIMES. said Levi Bradford thereby then and there to injure a certain insurance company called the Springfield Fire and Marine Insurance Company, against the peace of said Commonwealth, and contrary to the form of the statute in such case made and provided. PeRGe Neem uae eens , Prosecuting Attorney. NEW YORK. Form No, 321. [Follow Form No. 298 to the +, and add:] being then and there the property of the said John Doe (or of another, namely, of Samuel Short), with the felonious and malicious intent to thereby injure and defraud the Hart- ford Mutual Fire Insurance Company, a corporation duly organized under the laws of the state of Connecti- cut, the said dwelling-house (or barn, or chattel, etc., as the case may be) being then and there insured by said corporation against loss by fire in the sum of five thou- sand dollars, against [concluding as in Form No. 298]. b. Burning Goods Insured to Recover Insurance. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 548.) Form No. 322. [Commence as in Form No. 292, and add:] Did wilfully, unlawfully, feloniously, and maliciously set fire to and burn and injure certain personal property, to wit, ..... ‘ then and there being in that certain building situate at vewwe , in said county of ......, which said property was then and there insured against loss and damage by fire (or against any other casualty, naming it) by ...... § with the intent to defraud and prejudice the insurer thereof, the said ...... , contrary, ete. [closing as in Form No. 292]. ARSON-——FIRING WOODS, ETC. 191 8. FIRING WOODS, PRAIRIES, ETC. GENERAL FORM. Form No. 323. [Commence as in Form No. 298, and add:] The said John Doe, on the tenth day of May, 19.., at the village of Northport, in the said county, ‘did unlawfully, wil- fully, and maliciously set fire to (or procure to be set fire to) (or wilfully and negligently set fire to) and caused to be burned certain woods (or prairies, or grass, etc., as the case may be), the same being the property of another person, to-wit, of one Edward Warren (or for the lawful purpose of burning certain brush then and there being upon the land of the said John Doe, did in a careless and negligent manner (or at an unsuitable time) set fire to the said brush, and the said fire so kindled did spread to the farm of one Samuel Short then and there adjoining the land of the said John Doe, and did burn and destroy certain fences being then and there the property of the said Samuel Short, and upon his said land), to the dam- age of the said property in the sum of five hundred dol- lars, and against [concluding as in Form No. 298]. VIRGINIA. Form No. 324. (Precedent from Earhart v. Com., 9 Leigh 671.) [Commence as in Form No. 64, and add:] The grand jurors impaneled in the Circuit Superior Court of Law and Chancery held for said county the 9th day of April, 19.., upon their oath present that John Earhart, late of the county aforesaid, on the 19th day of April, 19.., at the county aforesaid and within the jurisdiction of the Circuit Court aforesaid, did unlawfully, wilfully and maliciously set fire to the woods near the plantation of Alfred C. Moore, which woods and plantation are in the county aforesaid and within the jurisdiction of the Cir- 192 SPECIFIC CRIMES. cuit Court aforesaid, which fire so set to said woods did burn said woods and a fence belonging to the said Alfred C. Moore; which act of the said John Earhart in setting fire to the said woods in manner and form aforesaid, and burning said woods, is against the form of the act of assembly in such case made and provided, and against the peace and dignity of the Commonwealth of Virginia. 9. ATTEMPT TO COMMIT ARSON. GENERAL FORM. Form No. 325. [Follow Form No. 298 to the *, and add:] fire to [or allege any other way in which the attempt was made] a certain inhabited building to-wit a house (or store, or ship, etc., as the case may be) there situate, and being then and there the property of another, to wit, of one Edward Warren, with intent thereby then and there felo- niously, wilfully, and maliciously to destroy the said building (or store, or ship, etc., as the case may be), con- trary [concluding as in Form No. 298]. a. By Defendant Personally. KENTUCKY—STATUTORY FORM, Form No. 326. (Bullitt’s Ky. Code, 1895, § 147.) [Commence as in Form No. 27, and add:] The grand jury of Franklin county, in the name and by the authority of the Commonwealth of Kentucky, accuse John Doe of the crime of * an attempt at arson, committed as follows, viz.: The said John Doe, on the fifth day of February, 19.., in the county aforesaid, did, wilfully and felo- 1 Preparing material for the commission of arson, as within the stat- ute. People v. Bush, 4 Hill (N. Y.) 138; McDermott v. People, 5 Park. Cr. Rep. (N. Y.) 102. ARSON-—-ATTEMPT TO COMMIT. 1938 -niously, attempt to set fire to the dwelling-house of Leonard A. Ford against the peace and dignity of the Commonwealth of Kentucky. MASSACHUSETTS. Form No. 327. (Precedent from Com. v. Flynn, 57 Mass., 3 Cush., 529.) [Follow Form No. 320 to the *, and add:] did felo- niously, wilfully and maliciously attempt to set fire to and burn a certain dwelling-house of one Henry Spear, ‘then occupied by one Frederic Better, there situate, and ‘in such attempt did then and there place a quantity of ‘combustible materials on certain boards under said dwell- ‘ing-house, and did then and there set fire to said com- -bustible materials with the intent thereby, then and there, to burn said-dwelling-house; but the said Flynn did then ‘and there fail in the perpetration of said offense, so as ‘aforesaid attempted to be perpetrated by him; against the peace [concluding as in Form No. 320]. | NEW YORK. Form No. 328. (Precedent from McDermott v. People, 5 Park. Cr. Rep. 102.) [Commence as in Form No. 46, and add:] The jurors of the People of the State of New York, in and for the body of the county of Monroe, aforesaid, upon their oaths aforesaid, do present: That James McDermott, on the first day of February, 19.., at the town of Greece, in the said county, did attempt, unlawfully and felo- niously to set fire to, and burn, a certain barn of Samuel Davison, there situate, with intent to injure the said Samuel Davison, against the form of the statute, in such: - case made and provided, and against the peace of the People of the State of New York, and their dignity. adic mee ae tiated oP aed : District Attorney. Crim. Proc. Forms—13 194 SPECIFIC CRIMES. b. By Procuring Another MASSACHUSETTS, Form No. 329. (Precedent from Com. v. Flagg, 135 Mass. 545.) [Commence as in Form No. 320, and add:| The jurors for the Commonwealth aforesaid, on their oath present, that John E. Flagg of Royalston in said county, on the twenty-first day of May in the year nineteen hundred and ...., at Royalston in said county, did wickedly, advisedly and corruptly solicit, urge and endeavor to procure one Thomas Stafford feloniously, wilfully and maliciously to set fire to and burn a certain building, to wit, a barn of one Ellen H. Clark, there situate in said Royalston, by then and there wickedly, advisedly and corruptly offering to said Thomas Stafford a large sum of money, to wit, the sum of ten dollars, with intent to him, the said John E. Flagg, thereby then and there to procure him, the said Thomas Stafford feloniously, wil- fully and maliciously to set fire to and burn the said barn of Ellen H. Clark aforesaid. And the jurors aforesaid, on their oath aforesaid, do further present, that said John E. Flagg, of Royalston 1Use of another person in an attempt to commit arson, and such other person fails to carry out the design, whether purposely or otherwise, is an indictable at- tempt to commit arson. People v. Bush, 4 Hill (N. Y.) 133; Me Dermott v. People, 5 Park, Cr. Rep. 102; State v. Bowers, 35 S. C. 262, 28 Am. St. Rep. 847, 15 L. R. A. 199, 14 S. EB. 488; State v. Taylor, 47 Ore. 455, 4 L. R. A. (N. S.) 417, 84 Pac. 82; Reg. v. Higgins, 2 East. &. Solicitation and attempt to hire another to commit arson, after having prepared the mate- rial for the commission of the of- fense, is within the statutes. Peo- ple v. Bush, 4 Hill (N. Y.) 133; McDermott v. People, 5 Park. Cr. Rep. 102. “The doctrine upon which these [the New York] cases are grounded has recently been affirmed in People v. Gard- ner, 144 N. Y. 119, 43 Am. St. Rep. 714, 28 L. R. A. 699, 9 Am. Cr. Rep. 82, 38 N. E. 1093, and in People v. Sullivan, 173 N. Y. 122, 93 Am. St. Rep. 582, 63 L. R. A. 353, 65 N. E. 989.” Bean, Ch. J., in State v. Taylor, 47 Ore. 455, 4L.R. A. (N. S.) 417, 84 Pac. 82. ATTEMPTING ARSON—-BY ANOTHER, 195 aforesaid, in the county aforesaid, on the twenty-first day of May in the year aforesaid, at Royalston afore- said, in the county aforesaid, did wickedly, advisedly and corruptly solicit and incite the said Thomas Stafford felo- niously, wilfully and maliciously to set fire to and burn a certain building, to wit, a barn of one Ellen H. Clark, there situate in said Royalston, with intent to him, the said John HE. Flagg, thereby to injure the said Ellen H. Clark. And the jurors aforesaid, on their oath aforesaid, do further present, that said John H. Flagg, of Royalston aforesaid, in the county aforesaid, on the twenty-first day of May in the year aforesaid, at Royalston aforesaid, did feloniously, wilfully and maliciously attempt to commit an offense prohibited by law, to wit, did then and there feloniously, wilfully and maliciously attempt to burn a certain barn of one Ellen H. Clark, there situate, that being an offense prohibited by law, and in such attempt did then and there give and deliver to one Thomas Staf- ford the sum of ten dollars, with intent of him, the said John E. Flagg, thereby then and there to induce and procure the said Thomas Stafford to burn the said barn of the said Ellen H. Clark, but the said John E. Flagg did then and there fail in the perpetration of said offense, so as aforesaid attempted to be perpetrated by him, against the peace of the Commonwealth, and contrary to the form of the statute in such cases made and provided. And the jurors aforesaid, on their oath aforesaid, do further present, that said John E. Flagg, of Royalston aforesaid, in the county aforesaid, on the twenty-first day of May in the year aforesaid, at Royalston afore- said, did feloniously, wilfully and maliciously attempt to commit an offense prohibited by law, to wit, did then and there feloniously, wilfully and maliciously attempt to hire and procure one Thomas Stafford to burn a certain barn of one Ellen H. Clark, there situate, that being a felony and an offense prohibited by law, and in such 196 SPECIFIC CRIMES. attempt did then and there pay and deliver to said Thomas Stafford the sum of ten dollars, with intent of him, the said John E. Flagg, thereby then and there to hire and procure the said Thomas Stafford to burn the said barn of the said Ellen H. Clark, but the said John E. Flagg did then and there fail in the perpetration of said offense, so as aforesaid attempted to be perpetrated by him against the peace of the Commonwealth, and con- trary to the form of the statute in such cases made and provided. The several counts of this indictment are different descriptions of the same act. (Eup ena wage eee eens ‘ Prosecuting Attorney. 10. STATUTORY FORMS. a. In General. KENTUCKY. Form No, 330. (Bullitt’s Ky. Code, 1895, 145.) [Follow Form No. 326 to the *, and add:] arson, com- mitted as follows, viz.: The said John Doe, on the fifth day of February, 19.., in the county aforesaid, did felo- niously and wilfully set fire to and burn the dwelling- house of Leonard A. Ford (or a house occupied by Leon- ard A. Ford as a residence), against the peace and dignity of the Commonwealth of Kentucky. OREGON, Form No. 331, (Hill’s Anno. Laws, 1892, 1002.) [Follow Form No. 307 to charging part, and add:| The said John Doe, on the first day of January, A. D. 19.., in the county aforesaid, wilfully and maliciously set fire ARSON-——FIRST DEGREE. 197 to (or burned) in the night-time, a dwelling-house of another, namely Leonard A. Ford (or whose name is unknown to the grand jury). Dated at Portland, in the county aforesaid, the second day of June, A. D. 19.. eeoeoece ere eee ere eae eeeog District Attorney. b. First Degree. ALABAMA, Form No. 332. (Crim. Code, 1886, § 4800, sub. 6.) Circuit Court, February Term 19.. The State of Alabama, \ | Dale county. The grand jury of said county charge that before the finding of this indictment,* John Doe wilfully set fire to or burned a dwelling-house of Samuel Short, in which ‘there was at the time a human being, against the peace and dignity of the State of Alabama. ee Solicitor of the Third Circuit: MINNESOTA. Form No. 333. (Minn. Stats. 1894, § 7239, sub. 3.) The district.court for the county of Goodhue, and state of Minnesota: State of Minnesota vs. John Doe. John Doe is accused by the: grand jury of the county of Goodhue, by this indictment, of the crime of arson, committed as follows: 198 SPECIFIC CRIMES. The said John Doe, on the tenth day of May, A. D.19.., at the city of Red Wing, in this’ county,* wilfully set fire to (or burned) in the night-time, a dwelling-house in which there was at the time a human being, namely, Leon- ard A. Ford (or whose name is unknown to the grand jury). Dated at Red Wing, in the county of Goodhue, the third day of June, A. D. 19.. A true bill, Foreman of the Grand J sieve c. Second Degree. ALABAMA, Form No. 334. (Crim. Code, 1886, § 4899, sub. 7.) [Commencing as in Form No. 332 continue down to *, and add:] John Doe wilfully set fire to or burned an uninhabited dwelling-house of Richard Smith, in which there was at the time no human being, against [conclud- mg as in Form No. 882]. MINNESOTA, Form No. 335. (Minn. Stats., 1894, § 7239, sub. 4.) [Follow Form No. 333 to the *, and add:] wilfully set fire to (or burned) an inhabited dwelling-house, in the daytime, in which there was at the time a human being, namely, Leonard A. Ford (or whose name is unknown to the grand jury). Dated at [concluding as in Form No. 333]. ARSON, THIRD DEGREE—ASSAULT, 199 d. Third Degree. ALABAMA, Form No. 336, (Crim. Code, 1886, § 4899, sub. 8.) [Follow Form No. 332 to the *, and add:] John Doe, under such circumstances as did not constitute arson in the first or second degree, did wilfully set fire to (or burn a building, as the alternative may. be), against [conclud- ing as in Form No. 332].3 MINNESOTA, Form No. 337. (Minn, Stats. 1894, § 7239, sub. 5.) [Follow Form No. 333 to the *, and add:] wilfully set fire to (or burned) the steamboat named the Winnisim- met, which was at the time insured by the Hartford Insurance Company, of the state of Connecticut, against loss or damage by fire, with intent to prejudice such insurer. Dated at [concluding as in Form No. 333]. VI. ASSAULT. 1. WITHOUT FELONIOUS INTENT. a. Assault Without Battery, or Simple Assault. GENERAL FORM. Form No. 338, [Caption and commencement to the charging part according to form of particular jurisdiction, as given in Chapter 1, and add:] That John Doe, late of ...... , in the county aforesaid on the 4th day of July, in the year of our Lord one thousand nine hundred and ...., with 1See, also, ante, Form No. 301. 200 SPECIFIC CRIMES. force and arms at ...... , in the county aforesaid, in and upon one Richard Roe, with a certain offensive weapon called a cane, did make an assault, and other wrongs to the said Richard Roe then and there did and committed, to the great injury of him the said Richard Roe, against the peace and dignity of the state. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 240.) Form No. 339. (Precedent from Kerr’s Cyc. Pen. Code, p. 1420.) [Follow Form No. 13 to charging part, and add:] Did wilfully and intentionally make an unlawful attempt, having then and there the present ability so to do, to commit a violent injury on the person of ...... , by then and there [Here describe act done.] [closing as in Form No. 18]. MASSACHUSETTS, Form No. 340. (Precedent from Com. v. Stoddard, 91 Mass., 9 Allen, 280.) [Caption as in Form No. 32, and add:] The jurors for the commonwealth of Massachusetts upon their oath pre- sent that Thais Stoddard, on the ...... day Of .swaws : 19.., at Boston, with force and arms, in and upon a female infant child, whose name is to the jurors un- known, an assault did make, and her the said female infant child then and there did wilfully and maliciously expose, and leave exposed helpless and alone in the street in the said city of Boston called Howard street, in the night time, without the care of any person, and without sufficient, proper or necessary clothing, shelter, or pro- tection against the weather and the cold, for the space of six hours, ete. ASSAULT—SIMPLE ASSAULT, ETC, 201 b. Simple Assault and Battery. ALABAMA, Form No. 341. (Crim. Code, 267.) Circuit Court, ...... Term 1896. State of Alabama, Dale county. The grand jury of said county charge that before the finding of this indictment John Doe assaulted and beat Richard Roe, against the peace and dignity of the state of Alabama. Form No. 342. (Precedent from State v. Middleton, 5 Port. 485.) [Caption as in Form No. 10,.and add:] The grand jurors for the State of Alabama, elected, impannelled, sworn, and charged to inquire for the body of Tuscaloosa county, upon their oath present that Zachariah Middleton, late of said county, in the county aforesaid, on the 26th day of July in the year of our Lord 19.., with force and arms at...... , in the county aforesaid, in and upon one Nimrod Freeman, in the peace of God and the said State then and there being, did make an assault, and him, the said Nimrod Freeman, then and there did beat, wound, and ill-treat, and other wrongs, to the said Nimrod Free- man then and there did, to the great damage of him, the said Nimrod Freeman; and against the peace and dignity of the State of Alabama. Foreman of the Grand J rs 202 SPECIFIC CRIMES, ARKANSAS. Form No. 343. (Precedent from Wigley v. State, 41 Ark. 225.) [Commence as in Form No. 12, and add:] The grand jury of Franklin county, in the name and by the authority of the state of Arkansas, accuse A. F’. Wigley of the crime of assault and battery, committed as follows: The said A. F. Wigley, on the fifteenth day of May, A. D.19.., in the county of Franklin, then and there did unlawfully assault one Charlotte Ellison then and there being, and her, the said Charlotte Ellison, he, the said A. F. Wigley, did then and there unlawfully strike and beat, against the peace and dignity of the state of Arkansas. DELAWARE. Form No. 344. Kent county, ss: aw wes Term, 1896. The grand inquest for the state of Delaware and the body of Kent county, on their oath and affirmation, respectively, do present that John Doe, late of (Hast) Hundred, in the county aforesaid, on the 4th day of July in the year of our Lord one thousand nine hundred and Feag ewes , with force and arms at (Hast) Hundred, in the county aforesaid, in and upon one Richard Roe, in the peace of God and of the state then and there being, did make an assault, and him the said Richard Roe did then and there beat, wound, and illtreat, and other wrongs to the said Richard Roe then and there did, to the great damage of the said Richard Roe, against the form of the act of the General Assembly in such case made and pro- vided, and against the peace and dignity of the state. ‘Deputy Adomey General, ASSAULT—SIMPLE ASSAULT, ETC, 203 KENTUCKY, Form No. 345. (Precedent from Cornelison v. Com., 84 Ky. 590.) [Caption as in Form No. 27, and add:] The grand jury of Montgomery county, in the name and by the authority of the Commonwealth of Kentucky, accuse John F. Cor- nelison of the crime of assault and battery, committed as follows: The said John F. Cornelison, on the 1st day of September, 19.., in said Montgomery county, did unlaw- fully, wilfully and maliciously, and with the intent to wound and kill Richard Reid, on and upon the person of said Reid make an assault and battery with a cane, stick, and cowhide, and did then and there unlawfully, wilfully and maliciously, with the intent aforesaid, strike, beat, bruise, and wound him the said Reid with a cane, stick, and cowhide, and inflict upon his head and body grievous and dangerous blows, whereby the said Reid was cruelly and dangerously beaten and wounded and his life greatly endangered, and against the peace and dignity of the Commonwealth of Kentucky. MASSACHUSETTS. Form No. 346, (Precedent from Com. v. Ford, 71 Mass., 5 Gray, 475.) [Follow Form No. 31 to charging part, and add:] The jurors for the commonwealth of Massachusetts upon their oath present that John Ford, on the 25th of August, 19.., at Salem in the county of Essex, in and upon the body of one Richard Pappoon, late of Marblehead in said county of Essex, deceased, in the peace of said commonwealth then and there being, did make an assault, and him the said Richard Pappoon, with a large and heavy whip which the said John Ford then and there in his right hand had and held, did then and there strike divers grievous and dangerous blows upon the head of him the said 204 SPECIFIC CRIMES. Richard Pappoon, whereby the said Richard Pappoon was then and there cruelly and dangerously beaten and wounded and his life greatly endangered, against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided. NEW YORK. Form No. 347. (Precedent from People v. Moore, 3 Wheel. Cr. Cas. 82.) [Caption as in Form No. 46, and add:] The jurors of the people of the state of New York in and for the city and county of New York upon their oath present that John Moore, late of the first ward of the city of New York in the county of New York aforesaid, laborer, John Miller, late of the same place, laborer, John Lowry, late of the same place, laborer, and Henry Bush, late of the same place, laborer, on the 12th day of July, in the year of our Lord one thousand nine hundred and ...., at the eighth ward of the city of New York, in the county of New York aforesaid, in and upon the body of James Murney, in the peace of God and of the said people then and there being, with force and arms did make an assault, and him the said James did then and there beat, wound, and illtreat, and other wrongs and injuries to the said James then and there did, to the great damage of the said James, to the evil example of all others in like case offending, and against the peace of the people of the state of New York and their dignity.. And the jurors aforesaid, upon their oath aforesaid, do further present that the said John, John, John, and Henry afterwards, to wit, on the same day and year aforesaid, in and upon the body of the said James, in the peace of God and of the said people then and there being, with force and arms did make another assault, and him the said James did then and there beat, wound, and ill treat, and other wrongs and injuries to the said James then and there did, to the great damage ‘ASSAULT—SIMPLE ASSAULT, ETC. 205 of the said James, to the evil example of all others in like case offending, and against the peace of the people of the state of New York and their dignity. District Attorney. NORTH CAROLINA. Form No. 348. [Caption as in Form No. 47, and add:] The jurors for the state upon their oaths present that John Doe, at Louisburg, in Franklin county, on the tenth day of April, 19.., unlawfully and wilfully did assault and beat one Richard Roe, the said assault and battery having been committed more than six months before the finding of this inquisition, and no justice of the peace having taken official cognizance of said assault and battery within said period of six months after the commission of the said assault and battery, contrary to the statute in such case made and provided, and against the peace and dignity of the state. Lereineks SAT SEee RENTS , Solicitor. Form No, 349. (Precedent from State v. Battle, 130 N. C. 655, 13 Am. Cr. Ren. 136, 41 S. E. 66.) [Commence as in Form No. 47, and add:] The jurors for the State upon their oaths present that Edward S. Battle and A. M. Powell, in Wake County, on the 25th day of September, 19.., did unlawfully and wilfully mu- tually assault arid beat carly other in a public place, and inflict serious injury upon each other, during the Septem- ber Term, 19.., of Wake Superior Court, and within one mile of the court house of said county, and then and there did unlawfully and wilfully fight and make an affray, to the terror of the citizens there assembled, and against the peace and dignity of the State. 206 SPECIFIC CRIMES. OHIO. Form No. 350. (Precedent from State v. Inskeep, 49 Ohio St. 228.) [Caption and commencement as in Form No. 50, and add:] The jurors of the grand jury of the state of Ohio within and for the body of the county of Brown, impan- eled, sworn, and charged to inquire of crimes and offenses committed within said county of Brown, in the name and by the authority of the state of Ohio, on their oaths do find and present that John Inskeep, late of said county, on the 8th day of November, 19.., at the county afore- said, unlawfully did make an assault in and upon one John W. Moler, did then and there strike and wound, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Ohio. Prosecuting ‘Atioruey, Form No. 351. (Precedent from Evans v. State, 24 Ohio St. 208.) [Commence as in Form No. 50, and add:| Samuel B. Evans, on the day and year aforesaid, unlawfully, vio- lently, and in a menacing manner, did assault the said Amelia Gilzer then and there being, and her the said Amelia Gilzer, then and there did beat, wound, and mal- treat, and other wrongs to the said Amelia Gilzer, then and there did, contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the state of Ohio. "Prosecuting tiorney: AGGRAVATED ASSAULT—FELONIOUS INTENT. 207 c. Aggravated Assault. TEXAS. Form No. 352. Inthe name and by the authority of the state of Texas. The grand jurors for the county of Bexar, state afore- said, duly organized as such at the ...... Term, A. D. 19.., of the District Court for said county, upon their oaths in said court present that John Doe, on or about the fourth day of July, A. D. 19.., and anterior to the presentment of this indictment, in the county and state aforesaid, in and upon one Richard Roe did commit an aggravated assault, the said John Doe then and there being a person of robust health and strength, and the said Richard Roe being then and there aged and decrepit, and the said John Doe did then and there strike, wound, and bruise the said Richard Roe with his fists, nae with a certain hickory cane which he then and there had and in his hand held, against the peace and dignity of the state. Foreman of the Grand J ‘ary, 2. WITH FELONIOUS INTENT. a. By Infe Convict. CALIFORNIA, (Kerr’s Pen. Code, 1915, § 246.)1 1In 1901 the California Legis- other with a deadly weapon. The lature enacted this section of the section was held to be constitu- Penal Code, which prescribes as__ tional in People v. Finley, 153 Cal.* the penalty death in those cases 59, 94 Pac. 248, and this decision where a person, undergoing a life was affirmed in 222 U. S. 28, 56 sentence, with malice assaults an- L. Ed. 75, 32 Sup. Ct. Rep. 13. 208 SPECIFIC CRIMES. Form No. 353. (Precedent from Kerr’s Cyc. Pen. Code, p. 1420.) [Follow Form No. 13 to charging part, and add:] That on the ...... day of ......, A. D. 19.., the said defendant was, in the county of ......, state of ......, a felon, to-wit, ......; that thereafter, and on the day of ......, A. D. 19.., the said defendant was duly sentenced by the superior court of the said county of ..+.++, by Judgment of said court duly made and entered, to imprisonment in the state prison at ...... for the term of his natural life: that thereafter, and on the eee Tey OF pxcuesg As DIS, 21m the county Of scsee05 state of California, and while the said defendant was then and there undergoing a life sentence in the said ‘state prison by virtue of the judgment aforesaid, did then and there wilfully, unlawfully, and feloniously commit an assault in and upon the person of one ........ witha certain deadly weapon and instrument, to wit, ......, which said assault was likely to and did produce great bodily injury to and upon the person of the said ......, contrary, etc. [closing as in Form No. 18]. b. With Intent to Kill.1 1 Shooting at A with intent to kill, and hitting B, should the per- son be indicted for an assault to kill B? The cases are hopelessly divided on this point, and the rule in the particular jurisdiction should be followed by the pleader. Some of the leading cases, pro and con, are here set out as a guide and assistance in the matter. A minority of the cases answer the above question in the negative. The ground upon which this doc- trine is based is that the essence of the intent is the specific intent to take the life of the person upon whom the assault is made. See as supporting this view: ALA— Simpson v. State, 59 Ala. 1, 31 Am. Rep. 1. ARK.—Lacefield v. State, 34 Ark. 275, 36 Am. Rep. 8: Scott v. State, 49 Ark. 156, 4 S. W. 750. FLA.—Johnson v. State, 53 Fla. 45, 48 So. 779. KY.—Com. v. Mor- gan, 74 Ky. (11 Bush) 601. MISS.— Morgan v. State, 21 Miss. (13 Smed. & M.) 242; Barcus v. State, 49 Miss. 17, 19 Am. Rep. 1, 1 Am. Cr. Rep. 249. MO.—State v. Mar- shall, 199 Mo. 202, 8 Ann. Cas. 781, 7 L. R. A. (N. S.) 630, 97 S. W. 583 (under statute); State v. Wil- liamson, 203 Mo. 195, 120 Am. St. Rep. 678, 102 S. W. 519. UTAH.— ASSAULT—WITH INTENT TO KILL. 209 ALABAMA, Form No. 354. [Commence as in Form No. 10, and add:] The grand jury of said county charge that before the finding of this indictment, John Doe unlawfully and with malice afore- thought did assault Richard Roe with intent to murder him, against the peace and dignity of the state of Ala- bama. eeeeeens eee ee Solicitor of the Third Circuit. ee ee re neng ARKANSAS, Form No. 355. (Precedent from Lacefield v. State, 34 Ark. 376, 36 Am. Rep. 8.) [Commence as in Form No. 12, and add:] The grand jury of Conway county, in the name and by the authority of the state of Arkansas, accuse Lee Lacefield of the crime of assault with intent to kill, committed:as follows: The said Lee Lacefield, on the first day of December, A. D. 19.., in the county and state aforesaid, upon one Thomas Hearstings, with a certain pistol, feloniously, wilfully, and of his malice aforethought, did make an assault with intent him, the said Thomas Hearstings, then and there People v. Robinson, 6 Utah 101, 21 Pac. 408. The weight of decision, how- ever, supports a contrary doctrine. See, among the numerous cases: ALA.—Bush v. State, 186 Ala. 85, 38 So. 878. ILL.—Dunnaway v. Peo- ple, 110 Ill. 338, 51 Am. Rep. 686, 4 Am. Cr. Rep. 6. IOWA.—State v. Myers, 19 Iowa 517. KY.—Gal- liher v. Com., 63 Ky. (2 Duv.) 163, 87 Am. Dec. 493; Sparks v. Com., 66 Ky. (3 Bush) 111, 96 Am. Dec. 196. ME.—State v. Gilman, 69 Me. 163, 31 Am. Rep. 257, 3 Am. Cr. Rep. 15. MICH.—People v. Crim. Proc. Forms—14 Raher, 92 Mich. 165, 31 Am. St. Rep. 575, 52 N. W. 625. MISS.— McGehee v. State, 62 Miss. 772, 52 Am. Rep. 219. N. J.—State v. Cooper, 13 N. J. L. (3 Gr.) 381. N. Y.—Hollywood v. People, 2 Abb. App. Cas. 376, 3 Keyes 55. N. C.—State v. Benton, 19 N. C. (2 Dev. & B.) 196; State v. Faulk- erstone, 61 N. C. (1 Phil. L.) 232; State v. Nash, 86 N. C. 650, 41 Am. Rep. 472. PA.—Com. v. Dougherty, 7 Smith’s Laws 695; Smith v. Com. 100 Pa. St. 324, TEX.—Angel v. State, 36 Tex. 542, 14 Am. Rep. 380. 210 SPECIFIC CRIMES. feloniously, wilfully, and of his malice aforethought to kill and murder, then and there, against the peace and dignity of the state of Arkansas. eee es eee eee e een eee ees Prosecuting Attorney; Fifth Circuit, Form No. 356. (Precedent from Russell v. State, 52 Ark. 276.) [Commence as in Form No. 355, and add:] The grand jury of Washington county, in the name and by the authority of the state of Arkansas, accuse J. M. Russell of the crime of assault with intent to kill, committed as follows, viz.: The said J. M. Russell, in said county on the 29th day of September, 19.., upon one James Sharp, with a certain knife, feloniously, wilfully and of his malice aforethought, did make an assault with intent him, the said James Sharp, then and there feloniously, wilfully and of his malice aforethought to kill and murder then and there, no considerable provocation appearing, against the peace and dignity of the state of Arkansas. er rr , Prosecuting Attorney, Fourth Judicial Circuit of Arkansas. CALIFORNIA, Form No. 357, (Precedent from Kerr’s Cyc. Pen. Code, p. 1421.) [Follow Form No: 18 to charging part, and add:] Did then and there wilfully, unlawfully, feloniously, and with premeditation and malice aforethought, by means of a certain deadly weapon, to wit, a certain ..... ., make an assault upon the person of one ...... , with the intent then and there, wilfully, unlawfully, feloniously, and with premeditation and malice aforethought, to kill and mur- der the said...... . Contrary, etc. [complete as in Form No. 13]. ASSAULT WITH INTENT TO KILL, 211 Form No. 358. (Precedent from Kerr’s Cyc. Pen. Code, § 1421.) [Commence as in Form No. 357, and add:] unlawfully, feloniously, and with malice aforethought, ...... , upon the person of one ...... , there being, did commit an assault with the unlawful and felonious intent, then and there and thereby him, the said ...... , wilfully, unlaw- fully, feloniously, and of his malice aforethought, to kill and murder. Contrary, etc. [complete as in Form No. 13]. Form No. 359, (Precedent from People v. English, 30 Cal. 214.) [Commence as in Form No. 357, and add:] The said Charles English is accused by the grand jury of the County of Solano, by this indictment, of the crime of an assault with an intent to commit murder, committed as follows: The said Charles English, on the 6th day of September, 19.., at the County of Solano, with a certain pistol loaded with powder and ball, which he, the said Charles English, in his left hand then and there had and held, in and upon one Warren Perry Derbin, feloniously did make an assault with an intent him, the said Perry Derbin, feloniously, wilfully, and of his malice afore- thought to kill and murder, and other wrongs to the said Perry Derbin, then and there did, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State off California. ‘ FLORIDA. Form No. 360. (Precedent from Davis v. State, 25 Fla. 276, 5 So. 803.) [Commence as in Form No. 30, and add:] In the name and by the authority of the state of Florida, the grand jurors of the state of Florida, impaneled and sworn to inquire and true presentment make in and for the body 212 SPECIFIC CRIMES. of the county of Suwanee, upon their oaths do present that Perry Davis, late of the county of Suwanee and state of Florida, on the first day of October, in the year of our Lord one thousand nine hundred and ...., in the county and state aforesaid, with force and arms in and upon one Randall Farnell, then and there being, an assault did make, and with a certain gun, a deadly weapon, then and there loaded and charged with gun- powder and leaden bullets, which said gun the said Perry Davis in his hands then and there had and held, with a premeditated design to effect the death of him the said Randall Farnell, did then and there present the said deadly weapon, to-wit, said gun at and against him the said Randall Farnell, with intent him the said Randall Farnell then and there to kill and murder, against the peace and dignity of the state of Florida. State’s Attorney for tha Third Judicial Circuit of the State of Florida. GEORGIA. Form No. 361. (Precedent from Malone v. State, 77 Ga. 768.) Georgia, Fulton County. In the Superior Court of said county. The grand jurors selected, chosen and sworn for the county of Fulton, to-wit [here state the names of the foreman and other grand jurors], in the name and behalf of the citizens of Georgia, charge and accuse William Malone, of the county and state aforesaid, with the offense of assault with intent to murder; for that the said William Malone, at and in the county and state aforesaid, on the 5th day of February, A. D. 19.., with force and arms, and with a certain knife, being a weapon likely to produce death, did unlawfully and with malice aforethought assault, beat, cut, and stab one J. M. Eng- ASSAULT WITH INTENT TO KILL. 213 land, with intent then and there to kill and murder him the said J. M. England, contrary to the laws of said state, and good order, peace, and dignity of the same. Sale Wins Rear @in aa als We ava diesen , Prosecutor. idkawseaue ee Eeee , Solicitor-General. Fulton Superior Court, March Term, 1886. } ILLINOIS, (1). In General. Form No. 362. [Commence as in Form No. 23, and add:] The grand jurors, chosen, selected, and sworn in and for the county of Cook, in the state of Illinois, in the name and by the authority of the people of the state of Illinois, upon their oaths present that John Holland, late of the said county of Cook, on the fourth day of July, in the year of our Lord one thousand nine hundred and ...., in said county of Cook, in. the state of Illinois aforesaid, with a certain ax which he the said John Holland in his two hands then and there had and held, in and upon one George H. Germain, in the peace of the said people of the state of Illinois then and there being, feloniously, unlawfully, and maliciously did make an assault with intent him the said George H. Germain then and there unlawfully, wilfully, feloniously, and with malice aforethought to kill and murder, contrary to the statute, and against the peace and dignity of the same people of the state of Ilinois.? 1 Compare precedent in Fulford v. State, 50 Ga. 591. 2See Dunaway v. People, 110 Ill. 34, 51 Am. Rep. 686, 4 Am. Cr. Rep. 60; Hamilton v. People, 113 Ill. 34, 55 Am. Rep. 396, 214 SPECIFIC CRIMES. Form No. 363. (Precedent from Beckwith v. People, 26 Ill. 500.) [Commence as in Form No. 362, and add:] The grand jurors chosen, selected, and sworn, in and for the county of Lee, in the name and by the authority of the people of the state of Illinois, upon their oaths present, that Oscar F. Beckwith, late of county of Lee, on the tenth day of October, in the year of our Lord one thousand nine hundred and ...., at and within the county of Lee, aforesaid, unlawfully, wilfully, feloniously, and of his malice aforethought, did-then and there make an assault in and upon one Emily Ann Bennett, wife of David H. Bennett, in the peace of the said people then and there being, with a certain ax, made of iron, steel, and wood, and with a certain butcher knife made of iron, steel, and wood, which he the said Oscar F. Beckwith in his hand, then and there had and held, with intent her, the said Emily Ann Bennett, with the ax and butcher knife afore- said, then and there feloniously, wilfully and of his malice aforethought, then and there to kill and murder; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the same people and state of [linois. And the grand jurors aforesaid, upon their oaths aforesaid, do further present, that Oscar F. Beckwith, late of the county of Lee, on the tenth day of October, in the year of our Lord one thousand nine hundred and ...., at and within the county of Lee, aforesaid, unlawfully, wilfully and feloniously, and of his malice aforethought, did then and there make an assault, in and upon one Emily Ann Bennett, in the peace of the people of the state of Illinois then and there being, with a certain ax made of iron, steel and wood which he the said Oscar F. Beckwith, in his hand, then and there, had and held, with intent her, the said Emily Ann Bennett, with the ax aforesaid, then and there feloniously, wilfully, and of his malice aforethought, then and there to kill and ASSAULTING DEFORMED PERSON. 215 murder ; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the same people of the state of Illinois. And the grand jurors aforesaid, upon their oaths aforesaid, do further present, that Oscar F. Beckwith, late of the county of Lee on the tenth day of October, in the year of our Lord one thousand nine hundred and ...., at and within the county of Lee aforesaid, unlawfully, wilfully, feloniously and of his malice aforethought, did then and there make an assault upon one Emily Ann Bennett, in the peace of the said people then and there being, with a certain butcher knife, made of iron, wood, and steel which he the said Oscar F. Beckwith then and there had and held, with intent, her, the said Emily Ann Bennett; with the knife aforesaid, then and there felo- niously, wilfully, and of his malice aforethought, then and there to kill and murder; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the same people of the state of Hier, = =—S<=“_éa_OSS ee WO TOG State’s Attorney. (2). By Throwing Down Deformed Person, Ete. Form No. 364. (Precedent from Nixon v. People, 3 Ill., 2 Scam., 267, 35 Am. Dec. 107.) [Commence as in Form No. 362, and add:] The grand jurors chosen, selected, and sworn, in and for the county of Wayne, in the name and by the authority of the people of the state of Illinois, upon their oaths present that Absalom Nixon, late of the county aforesaid, laborer, on the twenty-third day of October, in the year of our Lord one thousand nine hundred and ...., with force and arms, at and in the county aforesaid, in and upon one Adam, a man of color, then and there being a deformed person, and by reason of his being such deformed person being unable to walk or otherwise to move himself from place to place, and also then and there being deficient in 216 SPECIFIC CRIMES. voice, so as to be unable to call aloud, and in the peace of God, and of the people of the state of Illinois, then and there also being, unlawfully did make an assault, and then and there forced and threw the said Adam from a certain wagon, in which he, the said Adam, then and there was, to and upon the ground, the said ground then and there being frozen and very cold, and then and there did force and compel the said Adam (so being such deformed person as aforesaid, and also by reason of his being such deformed person, being unable to move himself from place to place as aforesaid, and also, being deficient in voice, so as to be unable to call aloud as aforesaid) then and there to lie upon the ground, so being frozen and very cold as aforesaid, and then and there did abandon and leave him, the said Adam, lying on the ground as aforesaid, to the great pain and torture of the said Adam, and to the great damage and impoverishment of his health and strength of body, with intent him, the said Adam, by the means aforesaid, then and there felo- niously, wilfully, and of his malice aforethought, to kill and murder, and other wrongs to him, the said’ Adam, then and there did, to the great danger of him, the said Adam, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Illinois. INDIANA. Form No. 365. (Precedent from Jones v. State, 6 Ind. 242.) [Commence as in Form No. 24, and add:] The grand jurors of the state of Indiana, in and for the county of Rush, good and lawful men, duly and legally impaneled, sworn and charged in the Rush Cireuit Court at the March Term, 19.., to inquire in and for the body of said ASSAULT WITH INTENT TO KILL. 217 county, in the name and by the authority of the state of Indiana, upon their oath present and charge, that on the 18th day of January, 19.., and in the county of Rush and state of Indiana, William A. Jones in and upon one Orlando B. Scobey did then and there unlawfully, felo- niously, purposely, and with premeditated malice, shoot a certain pistol, then and there loaded with gunpowder and leaden balls, which he the said William A. Jones then and there in his hands had and held, with the intent then and there him the said Orlando B. Scobey feloniously, purposely, and with premeditated malice, to kill and mur- der, contrary to the form and the statute in such case made and provided, and against the peace and dignity of the state of Indiana. ‘ KANSAS. Form No. 366. (Precedent from State v. Terreso, 56 Kan. 126, 42 Pac. 354.) In the Wyandotte District Court. The State of Kansas against Osso Terreso. Samuel C. Miller, county attorney of Wyandotte county, in the state of Kansas, comes now here and gives the court to understand and be informed that Osso Terreso, at Edwardsville, in said county and state, on the 4th day of July, A. D. 19.., did unlawfully, feloniously, purposely, and with his deliberate and premeditated malice make an assault in and upon Fanny Nesbit with a deadly and dangerous weapon, to-wit, a certain revolv- ‘ing pistol loaded with powder and leaden balls, which the said Osso Terreso then and there in his right hand did hold, with the intent of him the said Osso Terreso 218 SPECIFIC CRIMES, then and there and thereby her the said Fanny Nesbit unlawfully, feloniously, purposely, and with his delib- erate and premeditated malice to kill and murder, con- trary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Kansas, @ Ven sites see tees ees ; County Attorney. KENTUCKY, (1). By Cutting and Wounding. (Barb. & C. Stats., 1894, ch. 36, § 1166.) Form No. 367, (Precedent from Gratz v. Com., 96 Ky. 163, 28 S. W. 159.) [Commence as in Form No. 27, and add:] The grand jury of Clark county, in the name and by the authority of the commonwealth of Kentucky, accuse David Gratz of the crime of malicious cutting and wounding with intent to kill, committed as follows, viz.: that said David Gratz, on the 25th day of September, 19.., in the county aforesaid, did unlawfully, wilfully, feloniously, and mali- clously cut and wound T. M. Newton with a knife, with intent to kill him the said Newton, of which cutting and wounding he did not die, against the peace and dignity of the commonwealth of Kentucky. (2). By Shooting and Wounding. Form No. 368, [Commence as in Form No. 367, and add:] The grand jury of Franklin county, in the name and by the author- ity of the commonwealth of Kentucky, accuse John Doe of the crime of shooting and wounding with intent to kill, committed as follows, viz.: The said John Doe, on the 4th day of July, 19. ., in the county aforesaid, with 1See precedents in State v. Child, 40 Kan, 483, 20 Pac. 275; State v. Schleagel, 50 Kan. 328, 31 Pac. 1105. ASSAULT WITH INTENT TO KILL, 219 a certain pistol loaded with gunpowder and leaden bul- lets, which pistol the said John Doe in his right hand then and there had and held, did wilfully and maliciously shoot at and wound one Richard Roe so that he did not die thereby, with intent then and there to kill him the said Richard Roe, against the peace and dignity of the commonwealth of Kentucky. (3). By Shooting at Without Wounding. Form No. 369, [Commence as in Form No. 867, and add:] The grand jury of Franklin county, in the name and by the author- ity of the commonwealth of Kentucky, accuse John Doe of shooting with intent to kill, without wounding, com- mitted as follows: The said John Doe, on the 4th day of July, 19.., in the county aforesaid, with a certain | pistol loaded with gunpowder and leaden bullets, which pistol he in his right hand then and there had and held, did wilfully and maliciously shoot at one Richard Roe, without wounding him, and with intent then and there to kill him the said Richard Roe, against the peace and dig- nity of the commonwealth of Kentucky. ° MAINE. (1). With Intent to Murder. Form No. 370, Kennebec, ss. At the Superior Court begun and held at Augusta, within and for said county of Kennebec, on the first Tuesday of September, in the year of our Lord nineteen hundred and ...., the jurors for said state upon their oath present that John Doe of Augusta, in the county of Kennebec, laborer, at Augusta, in said county of Kennebec, on the fourth day of July, in the year of our Lord nineteen hundred and ...., being then and there armed with a dangerous weapon, to-wit, a 220 SPECIFIC CRIMES. bowie knife, which he the said John Doe in his right hand then and there had and held, in and upon the body of one Richard Roe then and there being, with force and arms, wickedly, feloniously, and of his malice afore- thought, did make an assault, with intent him the said Richard Roe then and there wickedly, feloniously, and of his malice aforethought to kill and murder, against the peace of said state, and contrary to the form of the stat- ute in such case made and provided. a /aliptanahe lar’a lena tac era ieee atone , Foreman. (A. SeRILeR pea eoane ees , County Attorney. (2). With Intent to Kill. Form No. 371. [Commence as in Form No. 870, and add:] The jurors for the state upon their oath present that Israel D. Lea- vitt, of Skowhegan, in the county of Somerset, laborer, at Skowhegan, in said county of Somerset, on the fourth day of July, in the year of our Lord nineteen hundred and ...., being then and there armed with a dangerous weapon, to-wit, a jack-knife, which he the said Israel D. Leavitt in his right hand then and there had and held, in and upon the body of one Warren Spaulding then and there being, with force and arms, wilfully and feloniously did make an assault with intent him the said Warren Spaulding then and there feloniously to kill and slay, against the peace of said state, and contrary to the form of the statute in such case made and provided. ‘siete aioe acd Rack Wee enw , Foreman. Pitas das EAS ees , County Attorney. MASSACHUSETTS. Form No. 372. (Precedent from Com. v. Creed, 74 Mass., 8 Gray, 387, 69 Am. Dec. 252.) [Commence as in Form No. 81, and add:] The jurors for the commonwealth of Massachusetts upon their oath ASSAULT WITH INTENT TO KILL. 221 present that Patrick Creed, upon the 5th day of July, 19.., at Boston, the said Patrick then and there being armed with a dangerous weapon, to-wit, a gun, then and there loaded with powder and leaden shot, and then and there capped, in and upon one Charles Quinn an assault did make, with the felonious intent the said Quinn with said gun to kill and murder, by then and there felo- niously, wilfully, and of the malice aforethought, dis- charging said gun at said Quinn, and by then and there with said gun maliciously, wilfully, and of the malice aforethought of said Creed, beating, bruising and wound- ing the said Quinn with said gun, and thereby giving to said Quinn one mortal wound, so that the said Quinn should thereof die; and by so doing, and by force of the statute in such case made and provided, he the said Creed is deemed a felonious assaulter; and so the jurors afore- said, upon their oath aforesaid, do say that the said Creed, at said Boston, on the said fifth day of July, with force and arms, feloniously assaulted the said Quinn with said felonious intent, and in manner and form aforesaid; against the peace of said commonwealth, and contrary to the form, force, and effect of the statute in such case made and provided. Form No. 373. (Precedent from Com, v. Lang, 76 Mass., 10 Gray, 11.) [Commence as in Form No. 372, and add:] The jurors for the commonwealth of Massachusetts on their oath present that Francis Lang, Jr., on the ...... day of rere ,19..,at......, did make an assault upon Simeon McQuestion with a certain pistol then and there loaded with gunpowder and a leaden ball, which pistol he ‘the said Lang then and there in his right hand had and held, at and against the said Simeon McQuestion then and there feloniously, unlawfully, and maliciously did dis- charge and shoot, with intent in so doing him the said McQuestion then and there and thereby feloniously, wil- 222 SPECIFIC CRIMES. fully, and of malice aforethought to kill and murder, and by so doing and by force of the statute in such case made and provided the said Lang is deemed a felonious assaulter. So the jurors aforesaid do say that the said Francis Lang, Jr., at the time and place aforesaid, with force and arms feloniously assaulted the said Simeon McQuestion in manner and form aforesaid, against the peace of the commonwealth aforesaid, and contrary to the form of the statute in such case made and provided. MISSISSIPPI. Form No. 374. (Precedent from Cachute v. State, 50 Miss, 166.) [Commence as in Form No. 35,,and add:|] The grand jurors of the state of Mississippi, elected, summoned, impaneled, sworn, and charged to inquire in and for the body of Harrison county, state of Mississippi, at the term aforesaid in the name and by the authority of the state of Mississippi, upon their oaths present that Victor Cachute, late of the county aforesaid, on the 10th day of March, A. D. 19.., in the county aforesaid and within the jurisdiction of this court, with a certain pistol, which said pistol was then and there a deadly weapon, loaded and charged with gunpowder and one leaden bullet, in and upon one Sandy Woods then and there being, felo- niously, wilfully, and of his malice aforethought, did make an assault, and he the said Victor Cachute, the said pistol so loaded and charged as aforesaid, at and against the said Sandy Woods, then and there being, did then and there feloniously, wilfully and of his malice afore- thought, shoot and discharge with intent in so doing then and there and thereby feloniously, wilfully and of his malice aforesaid, to kill and murder the said Sandy Woods, contrary to the form of the statute, and against the peace and dignity of the state of Mississippi. ASSAULT WITH INTENT TO KILL. 223 MISSOURI. Form No. 375. [Commence as in Form No. 86, and add:] The grand jurors for the state of Missouri, impaneled, sworn, and charged to inquire within and for the body of the county of Dunklin and state aforesaid, upon their oath present and charge that Solomon D. Evans, on or about the third day of September, A. D. 19.., in the county of Dunklin, in said state, in and upon the body of one Lee Stewart feloniously, on purpose, and of his malice afore- thought did make an assault, and with a deadly weapon, to-wit, a knife of the length of six inches, and of the . width of one half an inch, and of the thickness of one eighth of an inch, the said Solomon D. Evans did then and there feloniously, on purpose, and of his malice aforethought, in and upon the body of him the said Lee Stewart, strike, cut, stab, and thrust, with intent then and there him the said Lee Stewart to kill and murder, against the peace and dignity of the state. Swain asa RW e eas eke we ny Prosecuting Attorney for ees. County and State of Missouri. OREGON. Form No. 376. (Precedent from State v. Lynch, 20 Ore. 389, 26 Pac. 219.) [Commencement and title as in Form No. 58, and add: Tony Lynch is accused by the grand jury of the county of Multnomah by this indictment of the crime of assault with intent to kill, committed as follows: The said Tony Lynch, on the 20th day of October, 19.., in the county of Multnomah and state of Oregon, was armed with a dangerous weapon, namely, a pistol loaded with gunpowder and leaden balls, and being so armed with such dangerous weapon aforesaid, did then and 224 SPECIFIC CRIMES. there unlawfully and feloniously assault one James Brown with such dangerous weapon, by then and there shooting at him the said James Brown with said loaded pistol, with intent him the said James Brown then and there to kill and murder. Dated at Portland, in the county aforesaid, the 21st day or March, A. 19.55 -casesegadies ac soweeeea ; District Attorney. TENNESSEE. Form No. 377. [Commence as in Form No. 59, and add:] The grand jurors of the state of Tennessee, elected, impaneled, sworn, and charged to inquire in and for the body of the county of Van Buren, upon their oath do present that James Taylor, late of said county, laborer, on the fourth day of July, in the year of our Lord one thousand nine hundred and ...., in said county of Van Buren, in and upon one Dudly Walcott, then and there being, wilfully, unlawfully, feloniously, deliberately, premeditatedly, and of his malice aforethought, did make an assault, by shoot- ing him the said Dudly Walcott with a certain pistol loaded with gunpowder and leaden balls, which pistol he the said James Taylor then and there in his right hand had and held, with intent in so doing, wilfully, unlawfully, feloniously, deliberately, premeditatedly, and of his mal- ice aforethought, him the said Dudly Walcott to kill and murder, against the peace and dignity of the state of Tennessee. Uvreaes Rolie Oe eas » Solicitor. TEXAS. Form No. 378. In the name and by the authority of the state of Texas, the grand jurors for the county of Bexar, state aforesaid, duly organized as such, at the ...... Term, A. D. 19.., ASSAULT WITH INTENT TO KILL. 225 of the District Court of the 37th Judicial District, in anc for said county, upon their oaths in said court present that John Doe, on or about the 4th day of July, A. D. 19.., and anterior to the presentment of this indictment, in the county and state aforesaid, in and upon one Rich- ard Roe, with malice aforethought did make an assault with the intent then and there to murder the said Richard Roe by feloniously and of his malice aforethought, then and there shooting and mortally wounding him the said Richard Roe with a certain gun loaded with gunpowder -and a leaden ball, which he the said John Doe then and .there in his two hands had and held, against the peace -and dignity of the state. VIRGINIA. Form No. 379, (Precedent from Jones v. Com., 86 Va. 951, 12 S. EB. 950.) [Commence as in Form No. 64, and add:| The jurors of the grand jury of the commonwealth of Virginia, im- ,paneled and sworn in and for the body of Wise county, ‘at a term of the county court of said county commencing -on Tuesday, the 25th day of March, 19.., and now attend- ing upon said court, upon their oaths present that Robert ‘Jones did on the Ist day of March, 19. ., in the said county of Wise, with a certain pistol then and there loaded with gunpowder and leaden bullets, feloniously’, and mali- ciously shoot one Pat Fugate, then and there being, with intent him the said Pat Fugate then and there to maim,: disfigure, disable, and kill, against the peace and dignity of the commonwealth of Virginia. And the jurors afore- said upon their oaths aforesaid do further present that the said Robert Jones, on said 1st day of March, 19.., in 1 Felonious intent must be alleged in the indictment. Randall v. Com., 24 Gratt. 644. Crim, Proc. Forms—15 226 SPECIFIC CRIMES. the county of Wise and state of Virginia aforesaid, with a certain pistol then and there loaded with gunpowder and leaden balls, in and upon him the said Pat Fugate feloniously and maliciously did make an assault, and him the said Pat Fugate the said Robert Jones with the pistol aforesaid then and there unlawfully, feloniously and of his malice aforethought, did shoot and wound, with intent him the said Pat Fugate then and there to maim, disfigure, disable, and kill, against the peace and dignity of the commonwealth of Virginia. Form No. 380, (Precedent from Jones v. Com., 87 Va. 64, 12 8. B. 226.) [Commence as in Form No. 879, and add:] The jurors of the commonwealth of Virginia, in and for the body of the city of Lynchburg, and now attending the said court, upon their oath present that Charlie Jones, on the 24th day of December, in the year nineteen hundred and ...., within the said city, in and upon one Chalmers Warwick, then and there being, an assault did make, and with a rock in the hands of him, the said Charlie Jones, then and there had and held the said Charlie Jones then and there, him, the said Chalmers Warwick, did feloniously, maliciously and unlawfully, beat, wound, ill-treat and cause bodily injury, with intent in so doing him, the said Chalmers Warwick, to maim, disfigure, disable, and kill, against the peace and dignity of the commonwealth of Virginia. ASSAULT WITH INTENT TO KILL, 227 WASHINGTON. Form No, 381.1 State of Washington, County of Lewis. \ In the Superior Court of the state of Washington for the county of Lewis. The state of Washington against Thomas Watson. Information for assault with intent to kill. Comes now W. A. Reynolds, prosecuting attorney for said Lewis county, state of Washington, and by this information accuses Thomas Watson of the crime of assault with the intent to commit murder, committed as follows: the said Thomas Watson, at and in said Lewis county and state of Washington, on the 19th day of April, A. D. 19.., with a certain pistol loaded with gun- powder and a leaden ball, which said pistol he the said Thomas Watson in his right hand then and there had and held, in and upon the body of one Charles A. Morgan, then and there being, feloniously, purposely, and of his malice aforethought, did make an assault, and at and against the body of the said Charles A. Morgan the said pistol loaded as aforesaid the said Thomas Watson did then and there unlawfully, purposely, and of his malice aforethought, discharge and fire off with intent him the said Charles A. Morgan then and there to kill and mur- der, and having the present ability so to do, contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of Washington. W. A. Reynolds, Prosecuting Attorney. 1 See in connection with this form precedents in Watson v. State, 2 Wash. 505, 27 Pac. 226; State v. Ackles, 8 Wash, 463, 36 Pac. 597; State v. Feamster, 12 Wash. 462, 41 Pac. 52. 228 SPECIFIC CRIMES, State of Washington, as County of Lewis. \ , Charles A. Morgan, being first duly sworn, upon oath says that he is the complainant in the above entitled action, that he has read the foregoing information and knows the contents thereof, and that the same is true: of his own knowledge. Charles A. Morgan. Subscribed and sworn to before me, this 20th day of April, 1890. John Freeman, Notary Public in and for the state of Washington, resid- ing at Chehalis in said state. WEST VIRGINIA. Form No. 382. (Precedent from Crookham v. State, 5 W. Va. 511.) [Commence as in Form No. 67, and add:] The jurors of the state of West Virginia, in and for the body of the county of Mason, and now attending said court, on their oath present that Charles L. Crookham on the 10th day of November, 19.., in the said county, in and upon one Samuel Finimore did make an assault, and him, the said Samuel Finimore, feloniously and maliciously did stab, cut, and wound with intent, him, the said Samuel Fini- more, then and there to maim, disfigure, disable, and kill, against the peace and dignity of the state of West Virginia. WISCONSIN. Form No. 383. In the Circuit Court. State of Wisconsin, Portage county. \ against John Doe. I, Henry Harbough, district attorney for said county, hereby inform the court that on the fourth day of July, The State of Wisconsin ASSAULT WITH INTENT TO MAIM. 229 in the year of our Lord one thousand nine hundred and ...., at said county, John Doe, being then and there armed with a dangerous weapon, to-wit, a jack-knife, in and upon one Richard Roe, then and there being, wil- fully, feloniously, and of his malice aforethought, did make an assault, and him the said Richard Roe, with the jack-knife aforesaid, did then and there cut, stab, and wound, with intent him the said Richard Roe then and there wilfully, feloniously, and of his malice afore- thought, to kill and murder, against the peace and dig- nity of the state of Wisconsin. Henry Harbough, District Attorney. Dated, ete. C. WITH INTENT TO MAIM., ALABAMA. Form No. 384. (Crim. Code of Ala., 267.) [Commence as in Form No. 10, and add:] The grand jury of said county charge that before the finding of this indictment John Doe assaulted Richard Roe with the intent unlawfully, maliciously, and intentionally to cut out or disable his tongue (or to put out or destroy his eye), against the peace and dignity of the state of Alabama. empabemenneaepaa Nae , Solicitor of the ...... Circuit. MAINE. Form No. 385. (Precedent from State v. Palmer, 35 Me. 10.) [Caption as in Form No. 29, and add:] The jurors for the state upon their oath present that John Palmer, of Calais, in the county of Washington, laborer, at Calais aforesaid in said county of Washington, on the fourth 230 SPECIFIC CRIMES, day of July, in the year of our Lord nineteen hundred and ...., being then and there armed with a dangerous weapon, to-wit, a gun loaded with gunpowder and a leaden ball, which gun he the said John Palmer then and there in his hands had and held, with force and arms, in and upon the body of one Martin Magoon, in the peace of the state then and there being, feloniously did make an assault, with intent him the said Martin Magoon then and there feloniously to maim against the peace of said state and contrary to the form of the statute in such case made and provided. Seueeeieee erie eee , Foreman. County Attorney. D. WITH INTENT TO WOUND. OHIO. Form No. 386. (Precedent from White v. State, 13 Ohio St. 570.) [Commence as in Form No. 50, and add:| The jurors of the grand jury of the state of Ohio, within and for the body of the county of Muskingum, impaneled, sworn, and charged to inquire of crimes and offenses committed within said county of Muskingum, in the name and by the authority of the state of Ohio, on their oaths do find and present that John E. White, late of said county, on the thirteenth day of January, in the year of our Lord one thousand nine hundred and ...., at the county of Muskingum aforesaid, with force and arms, in and upon one Lewis C. Lovell, then and there being, unlawfully did make an assault, and with. a certain pistol, then and there loaded with gunpowder and leaden balls, which said pistol so had as aforesaid, the said John EK. White, in his right hand then and there had and held, at and toward him, the said Lewis C. Lovell, then and there unlawfully, feloniously and maliciously did shoot with intent thereby ASSAULT TO INFLICT BODILY HARM, 231 then and there, him, the said Lewis C. Lovell, feloniously, unlawfully and maliciously to wound, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Ohio. Prosecuting Alors E. WITH INTENT TO INFLICT GREAT BODILY HARM. ILLINOIS. Form No. 387, [Commence as in Form No. 23, and add:] The grand jurors, chosen, selected, and sworn, in and for the county of Cook, in the state of Illinois, in the name and by the authority of the people of the state of Illinois, upon their oaths present that John Holland, late of the county of Cook, on the fourth day of July, in the year of our Lord one thousand nine hundred and ...., in said county of Cook, in the state of Illinois aforesaid, being then and there armed with a bowie knife, the same being a dan- gerous and deadly weapon, without any considerable provocation whatever, did unlawfully, wilfully, and maliciously make an assault in and upon one George H. Germain then and there being, with intent then and there to inflict upon the person of the said George H. Germain a bodily injury, contrary to the statute in such case made and provided, and against the peace and dignity of the same people of the state of Ilinois. WO eesesereeresercvene e 09 State’s Attorney. 232 SPECIFIC CRIMES, MICHIGAN. Form No. 388, (Precedent from People v. Ellsworth, 90 Mich. 444, 51 N. W. 531.) The Circuit Court of the county of Newaygo. State of Michigan, ae Newaygo County. . A. F. Tibbitts, prosecuting attorney in and for the county of Newaygo, aforesaid, for and in behalf of the people of the state of Michigan, comes into said court in the October term thereof, in the year one thousand nine hundred and ...., and gives the court here to under- stand and be informed that heretofore, to-wit, on the fifteenth day of September, 19.., at the township of Wilcox, in said county, John Ellsworth, John Dixon, and Roger Craig, late of said county, with force and arms, in and upon Edward Patnode and Frank Jewell, in the peace of the people of the state of Michigan then and there being, did make an assault with intent to do great bodily harm, less than the crime of murder, and the said Edward Patnode and Frank Jewell did then and there beat, bruise, wound, and ill-treat, against the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Michigan. Sueea uence wacweN arin UTAH. Form No. 389. In the First Judicial District Court. The people of the state of Utah against Joseph W. Fairbanks. Joseph W. Fairbanks is accused by the grand jury of this court, by this indictment, of the crime of assault, with a deadly weapon, with intent to do great bodily ASSAULT TO COMMIT SODOMY. 233 harm, committed as follows: The said Joseph W. Fair- banks, on the 19th day of July, A. D. 19.., at the county of Sevier, in said state of Utah, and within the judicial district aforesaid, with a certain deadly weapon, to-wit, an ax, which he then and there in his hands had and held, in and upon the body of one Russell Kelly, then and there being, without just cause or excuse and no consid- erable provocation appearing (or under circumstances showing him to be a person of an abandoned and malig- nant heart), unlawfully, maliciously, and feloniously did make an assault with intent him the said Russell Kelly to do great bodily harm, against the peace and dignity of the people of the state of Utah, and contrary to the form of the statute in such case made and provided. [Signature of Attorney.] F. WITH INTENT TO COMMIT CRIME AGAINST NATURE. CALIFORNIA. Form No. 390. (Precedent from Kerr’s Cyc. Pen. Code, p. 1421.) [Commence as in Form No. 13, and add:] Did then and there, in and upon the person of one ...... , then and there being, wilfully, unlawfully, feloniously, and carnally make an assault with intent then and there, felo- niously and carnally, upon the person of said ...... , to commit the infamous crime against nature, the said ..... being then and there a male person. Contrary, ete. [closing as in Form No. 13]. 234 SPECIFIC CRIMES, G. WITH INTENT TO RAVISH. ALABAMA, Form No. 391. (Crim. Code of Ala., § 267.) [Commence as in Form No. 10, and add:] The grand jury of said county charge that before the finding of this indictment John Doe did assault Martha Roe, a woman, with the intent forcibly to ravish her, against the peace and dignity of the state of Alabama. Solicitor of the ...... Circuit. CALIFORNIA. Form No. 392. (Precedent from Kerr’s Cyc. Pen. Code, p. 1422.) [Commence as in Form No. 13, and add:] Did then and there wilfully, unlawfully, feloniously, violently, and for- cibly, make an assault upon one...... , a female, not then and there the wife of the said ...... , with the intent then and there, feloniously, and by force and violence, to car- nally know and ravish said ...... , and accomplish with her an act of sexual intercourse, against her will and without her consent. Contrary, ete. [Close as in Form No. 13.] CONNECTICUT, Form No. 393, (Precedent from State v. Wells, 31 Conn. 211.) [Commence as in Form No. 17, and add:] Joel Chad- wick, Esq., of New London, attorney for the state in and for said county of New London, now here in court infor- mation makes that Hazzard Wells, late of the town of Colchester in said county of New London, on the 4th day of February, 19.., at said town of Colchester, with force ASSAULT WITH INTENT TO RAVISH. 235 and arms, in and upon one Abby Wells, a single woman, in the peace then and there being, did make an assault, and her the said Abby Wells, did then and there beat, bruise, wound, and ill-treat, so that her life was then and there greatly despaired of, with an intent her, the said Abby Wells, violently and against her will, then and there feloniously to ravish and carnally know, against the peace, contrary to the form of the statute in such case made and provided, and of evil example; wherefore the said attorney prays the advice of this honorable court in the premises (or, if a bench warrant ts desired, wherefore the said attorney prays that a bench warrant may issue against the said Hazzard Wells, that he may be arrested and brought before this court to answer to this informa- tion, and be dealt with according to law). Joel Chadwick, Att’y for the State. NORTH CAROLINA, Form No. 394. (Precedent from State v. Tom, 47 N. C., 2 Jones L., 414.) [Commence _as in Form No. 47, and add:] The jurors for the State upon their oath present, that Tom, a person of color and a slave, the property of Robert F. Davidson, late of the county of Mecklenburg, on the tenth day of September, in the year of our Lord one thousand nine hundred and ...., with force and arms, at and in the county aforesaid, in and upon one Mary A. Gribble, a white female, in the peace of God and the State then and there being, violently and feloniously did make an assault, and her, the said Mary A. Gribble, then and there did beat, wound and ill-treat with intent her, the said Mary A. Gribble, violently and against her will, then and there, feloniously to ravish and carnally know, and other wrongs to the said Mary A. Gribble, then and there did, to the great damage of the said Mary A. Gribble, contrary 236 SPECIFIC CRIMES, to the form of the statute in such case made and provided, and against the peace and dignity of the State. Bee pened eae eek , Solicitor. TENNESSEE, Form No. 395. (Precedent from Williams v. State, 27 Tenn., 8 Humph., 590.) [Commence as in Form No. 59, and add:] The grand jurors of the state of Tennessee, elected, impaneled, sworn, and charged to enquire, in and for the body of the county of Obion aforesaid, upon their oath aforesaid, pre- sent, that John Williams, late of said county, laborer, on the fourth day of April, in the year of our Lord one thousand nine hundred and ...., with force and arms, in the county of Obion aforesaid, in and upon the body of one Martha J. Williams, in the peace of God then and there being, an assault did feloniously make, and her the said Martha J. Williams then and there did beat, wound anc ill-treat, with intent, her the said Martha J. Wil- liams, feloniously, violently, forcibly, and against her will, then and there feloniously to ravish and carnally know, and other wrongs, to the said Martha J. Williams, then and there did, to the great damage of her the said Martha J. Williams, against the form of statutes in such case made and provided, and against the peace and dignity of the state. PKU AORN R TOMS .., Attorney General of the ninth circuit of the State. TEXAS, Form No. 396. [Commence as in Form No. 60, and add:] The grand jurors for the county of Bexar, state aforesaid, duly organized as such, at the ...... Term, A. D.19.., of the District Court of the 37th Judicial District, in and for ASSAULT TO RAPE MINOR CHILD. 237 said county, upon their oaths in said court, present that John Doe, on or about the fourth day of July, A. D.19.. and anterior to the presentment of this indictment, ‘a the county and state aforesaid, in and upon one Caroline Roe, a woman, did make an assault, with the attempt then and there to commit the offense of rape upon the said Caroline Roe by then and there, without the consent of the said Caroline Roe, attempting by force, threats, and fraud to have carnal knowledge of her the said Caro- line Roe, against the peace and dignity of the state. ed Foreman of the Grand J on H. WITH INTENT TO RAPE MINOR CHILD. CALIFORNIA, (Kerr’s Pen. Code, 1915, §§ 220, 261.) Form No. 397. (Precedent from Kerr’s Cyc. Pen. Code, p. 1422.) [Commence as in Form No. 18, and add:]| Did then and there wilfully, unlawfully, violently, and feloniously make an assault upon one ...... , a female child under the age of sixteen years, to-wit, of the age of ...... years, and who was not then and there the wife of the said ...... ‘i with intent then and there feloniously, by force and vio- lence, to carnally know and ravish said ...... , and accomplish with her an act of sexual intercourse, against her will and without her consent. - Contrary, etc. [concluding as in Form No. 18]. I. WITH INTENT TO ROB. ALABAMA. Form No. 398. (Crim. Code of Ala., § 367.) [Commence as in Form No. 10, and add:] The grand jury of said county charge that pefore the finding of this 238 SPECIFIC CRIMES, indictment John Doe assaulted Richard Roe with felo- nious intent, by violence to his person, or by putting him in fear of some serious and immediate injury to his per- son, to rob him, against the peace and dignity of the state OCAlabama:, ~ j駧 gabusesneedivened eens ‘ Solicitor of the ...... Circuit. CALIFORNIA, (Kerr’s Pen. Code, 1915, § 220.) Form No. 399, (Precedent from Kerr’s Cyc. Pen. Code, p. 1422.) [Commence as in Form No. 18, and add:]| Did then and there wilfully, unlawfully, feloniously, and with force and violence, make an assault in and upon the-person of one ee leita , with the felonious intent then, there, and thereby to steal, take, and carry away from the person, posses- sion, and immediate presence of the said ...... the goods and personal property of the said ...... , and to accomplish the said stealing, taking, and carrying away by means of force then and there used upon and against the said ...... by the said defendant, and by then and there putting the said ...... in fear. Contrary, etc. [Conclude as in Form No. 13.] ILLINOIS. Form No. 400. (Precedent from Conolly v. People, 4 Ill, 3 Scam., 474.) [Commence as in Form No. 23, and add:] The grand jurors chosen, selected, and sworn, in and for the county of Cook, in the name and by the authority of the people of the state of Dlinois, upon their oaths present that Michael Conolly, Daniel Conolly, and John Holland, late of said county, on the 5th day of December, in the year of our Lord one thousand nine hundred and ...., and in the county of Cook aforesaid, in and upon one George H. ASSAULT WITH INTENT TO ROB. 239 Germain, in the peace of the people of the state of Illinois then and there being, with force and arms did make an assault with intent him the said George H. Germain then and there feloniously, wilfully and unlawfully to rob, and other wrongs to the said George H. Germain then and there did, to the great damage of the said George H. Germain, contrary to the form of the statute in such case made and provided and against the peace of the same people of the state of Llinois. eee sree ese ne rereeesee 9 State’s Attorney. MASSACHUSETTS. Form No. 401. (Precedent from Com. v. McLaughlin, 66 Mass., 12 Cush., 612.) [Commence as in Form No. 31, and add:| The jurors for the commonwealth of Massachusetts upon their oath present that William McLaughlin, late of the city of Bos- ton, in the county of Suffolk, on the twenty-fifth day of May, 19.., at Boston aforesaid, with force and arms, the said William being then and there armed with a dan- gerous weapon called a pistol, in and upon one Rufus Blanchard, then and there in the peace of said common- wealth being, an assault did make, with the felonious intent to rob by assault and putting in fear, and by so doing, and by force of the statute in such case made and provided, he, the said William McLaughlin, is deemed a_ felonious assaulter. And so the jurors aforesaid, on their oath aforesaid, do say and present, that the said: McLaughlin, at Boston aforesaid, on the said twenty§ fifth day of said May, with force and arms, feloniously assaulted the said Blanchard with said felonious intent and in manner and form aforesaid, against the peace and dignity of the commonwealth of Massachusetts, and con- trary to the form of the statute in such case made and provided. 240 SPECIFIC CRIMES. Form No. 402. (Precedent from Com. v. Sanborn, 80 Mass., 14 Gray, 393.) [Commence as in Form No. 401, and add:] The jurors for the commonwealth of Massachusetts upon their oath present that William Sanborn, on the 28th of May, 19.., with force and arms, at New Bedford, not being then and there armed with a dangerous weapon, in and upon one. Rodman S. Sherman feloniously, and with force and vio- lence, an assault did make, with the intent the moneys, goods and chattels of the said Rodman 8S. Sherman, from the person and against the will of the said Rodman 8. Sherman, then and there feloniously and by force and violence and by assault and putting in fear, to rob, steal, take and carry away, against the peace and dignity of the Commonwealth, and contrary to the form of the statute in such case made and provided. MISSISSIPPI. Form No. 403. (Precedent from Grogan v. State, 63 Miss. 148.) [Commence as in Form No. 85, and add:] The grand jurors of the state of Mississippi elected, summoned, impaneled, sworn, and charged to inquire in and for the body of Grenada county, state of Mississippi, at the term aforesaid of the county aforesaid, in the name and by the authority of the state of Mississippi, upon their oaths present that J. H. Ackerman and Michael Grogan, in said Grenada county, on the 15th day of June, 19.., in and upon a certain man whose name to the grand jurors is unknown, feloniously did make an assault with a cer- tain deadly weapon, to-wit: a weapon likely to produce death, but the exact name and kind is to the grand jurors unknown, with intent there to rob a certain person whose name is unknown, and feloniously and violently to steal, take, and carry away the money, goods, and chattels of ASSAULT WITH DEADLY WEAPON. 241 {he said unknown person, from the person and against the will of said unknown person, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Mississippi. Oe ees entree een ese ere ves 3 District Attorney. J. WITH DEADLY WEAPON. a. In General. ALABAMA, Form No. 404, [Commence as in Form No. 10, and add:] The grand jury of said county charge that before the finding of this indictment John Doe did assault and beat Richard Roe with a cowhide, stick, or whip, having in his possession at the time a pistol (or bowie-knife, or other deadly weapon) with the intent to intimidate the said Richard Roe, and prevent him from defending himself, against the peace and dignity of the state of Alabama. we eee wre were e renee escen ’ Solicitor of the ...... Circuit. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 245.) Form No. 405. (Precedent from Kerr’s Cyc. Pen. Code, p. 1421.) [Commence as in Form No. 13, and add:] Did then and there, with a certain deadly weapon or instrument, 1OAWit,. ugvas [or allege particular means of force used, and which was likely to produce great bodily injury], wil- fully, unlawfully, and feloniously, in and upon the person Of ONE Lawens , make an assault, which said assault was likely to and did produce great bodily injury to and upon the person of said ...... Contrary, ete. [completing as in Form No. 138]. Crim, Proc. Forms—16 242 SPECIFIC CRIMES. Form No. 406. (Precedent from People v. Forney, 81 Cal.-119, 22 Pac. 481.) In the Superior Court of the city and county of San Francisco, state of California, Monday, the ...... day of October, 19... Information. The people of the state of California against Harry Forney. Harry Forney is accused by the district attorney by this information of the crime of an assault with a deadly weapon, committed as follows: The said Harry Forney on the eleventh day of September, A. D. 19.., at the said city and county of San Francisco, with a deadly weapon, namely, a knife, which he, the said Harry Forney in his hand then and there had and held, upon the person of one John Coffey, there being, did wilfully, unlawfully, and feloniously commit an assault, contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and eee of the people of the state of California. District Attorney. MISSOURI. Form No. 407. (Precedent from State v. Havens, 95 Mo. 168, 8 S. W. 219.) [Commence as in Form No. 86, and add:| The grand jurors for the state of Missouri impaneled, sworn, and charged to inquire within and for the body of the county of Jasper and state aforesaid upon their oaths present and charge that John Havens, on or about the 20th day of August, 19.., in said county of Jasper and state of Missouri, in and upon the body of one Jasper Reede, with a large and heavy stone, a deadly weapon likely to pro- ASSAULT WITH DEADLY WEAPON. 243 duce death and great bodily harm, feloniously, on pur- pose, and of his malice aforethought, did make an assault, and he the said Jasper Reede with the stone aforesaid did then and there feloniously, on purpose, and of his malice aforethought, strike, beat, wound, and ill-treat with great force and violence, and in a manner likely to produce death, against the peace and dignity of the state. " Proseauting ‘Attorney. NORTH CAROLINA. Form No. 408. [Commence as in Form No. 47, and add:] The jurors for the state upon their oath present that John Doe, at Raleigh, in Wake county, on the fourth day of July, 19.., did unlawfully and wilfully assault, beat, and wound one Richard Roe with a deadly weapon, to-wit, a certain iron poker, to the great damage of the said Richard Roe, con- trary to the statute in such cases made and provided and against the peace and dignity of the state. ero rT hiv s gown ey OLLOLOTs b. In Sudden Burst of Passion. KENTUCEY. Form No. 409. [Commence as in Form No. 27, and add:] The rand jury of Franklin county, in the name and by the authority} of the commonwealth of Kentucky, accuse John Doe of: the crime of shooting and wounding in sudden heat andi passion, committed as follows, viz., the said John Doe, on the 4th day of July, 19.., in the eonnty aforesaid, with a certain pistol loaded with gunpowder and leaden balls (or other hard substance), which pistol he the said John Doe in his right hand then and there had and held, in sudden heat and passion, without previous malice and 244 SPECIFIC CRIMES. not in self-defense, did shoot and wound one Richard Roe without killing him (or did shoot at one Richard Roe without wounding him), against the peace and dignity of the commonwealth of Kentucky. K. BY ADMINISTRATING NOXIOUS DRUGS.1 CALIFORNIA. (Kerr’s' Pen. Code, 1915, §211.) Form No. 410. (Precedent from Kerr’s Cyc. Pen. Code, p. 1421.) [Commence as in Form No. 18, and add:] Unlawfully, feloniously, and with malice aforethought, did administer to one ...... , a certain deadly poison, to-wit: [here describe poison or other noxious substance or liquid], with the unlawful and felonious intent then, there, and thereby the said wilfully, and of his malice aforethought, to kill and murder. Contrary, etc. [Conclude as in Form No. 13.] SOUTH CAROLINA. Form No. 411, (Precedent from State v. Glover, 27 S. C. 603.) [Commence as in Form No. 57, and add:] The jurors of and for the county aforesaid, in the state aforesaid, 1It has been shown in Kerr’s Whart. Crim. Law, § 805, that it is permissible to charge the admin- istrating of poison as an assault, and in People v. Blake, 1 Wheel. Cr. Cas. 490, it is held that the same reasoning applies to the ma- licious application of injurious drugs. “Love powders” given in figs was held to be an assault in Com. v. Stratton, 114 Mass. 303, 19 Am. Rep. 350. In England, however, it has been held not to constitute an assault to put cantharides into liquor, with intent to excite and influ- ence, and to give it thus to an- other. Reg. v. Hanson, 2 Car. & K. 912, 61 Eng. C. L. 912, overruling Reg. v. Button, 8 Car. & P. 660, 34 Eng. C. L. 948; Reg.. v. ee 1 Cox C. C. 282. Unsuccessful mingling of poison with food, with intent to cause death,. has been held, in Texas, not to constitute an assault with intent to’ murder, nor an assault of any kind. Garnet v. State, 1 Tex. App. 605, 28 Am, Rep. 425, ASSAULT UPON OFFICER. 245 that is to say, upon their oaths, present that Sarah Glover, late of the county of Abbeville, domestic servant, a female person, above the age of fourteen years, on the first day of May, in the year of our Lord one thousand nine hundred and ...., at Abbeville Court House, in the county and state aforesaid, with force and arms, in and upon Blanche Clinkscales, an infant, then and there being, did make an assault, and her, the said Blanche Clink- scales, did force to drink a certain deleterious and inju- rious drug, to-wit, tincture of assafcetida, thereby produc- ing great and dangerous sickness of the said Blanche Clinkseales, with intent, her the said Blanche Clinkscales, then and there feloniously, wilfully, and of her malice aforethought to kill and murder, contrary to the form of the statute in such case made and provided, and against’ the peace and dignity of the state of South Carolina. ciewehaoewmerrecaa se oae , Solicitor. L. ASSAULT UPON AN OFFICER IN DISCHARGE OF HIS DUTIES. MASSACHUSETTS, Form No. 412. (Precedent from Com. v. Tobin, 108 Mass. 426, 11 Am. Rep. 375.) [Commence as in Form No. 31, and add:| The jurors of the commonwealth of Massachusetts upon their oaths present that John Tobin, late of Lynn, in the county of Essex aforesaid, on the nineteenth day of March, in the year of our Lord one thousand nine hundred swe. us at Lynn, in said county of Essex, in and upon one William S. Waitt, in the peace of said Commonwealth then and there being, an assault did make, he, the said Waitt, being then and there a police officer of said Lynn, and then and there also being in the due and lawful discharge of the duties of said office, and him, the said Waitt, while then and there in the due and lawful execution of his said office, then and there unlawfully, knowingly and design- 246 SPECIFIC CRIMES. edly did hinder, resist and oppose, against the peace of the Commonwealth, and contrary to the form of the statute in such case made and provided. eee er eee weet eee nee eee Prosecuting Attorney. NEW HAMPSHIRE, Form No. 413, (Precedent from State v, Webster, 39 N. H. 96.) [Commence as in Form No, 42, and add:] The grand jurors of the state of New Hampshire upon their oath present that Noah Webster, late of the county of Car- roll, on the 2d day of March, in the year of our Lord one thousand nine hundred and ........ , at the township OF Goxredex , in the county of Carroll, aforesaid, with force and arms, in and upon one Charles H. Parker, being one of the deputy sheriffs of the county, and being in the lawful execution of his office in the service of a warrant against Samuel Fowler in a criminal case, founded upon a complaint against said Samuel Fowler for the crime of assault and battery upon one Wm. B. Hodge, did make an assault, and him the said Charles H. Parker did then and there beat, bruise, wound, and ill treat; and in the due and lawful execution of his said office in the service of said warrant did then and there unlaw- fully and knowingly obstruct, oppose, and hinder, and other wrongs to the said Charies H. Parker then and there did, against the peace and dignity of the state. eee meee eres rere rane ence Solicitor of Carroll County. NEW YORK. Form No, 414. (Precedent from People v. Holcomb, 3 Park. Cr. Rep. 656.) [Commence as in Form No. 46, and add:] The jurors of the people of the State of New York, of the body of ASSAULT UPON OFFICER. 247 the county of Washington, to-wit, Ebenezer McMurray, etc., good and lawful men of the body aforesaid, then and there sworn and charged to inquire for the people of the said body, upon their oath present: That Joel W. Holcomb, James Woodard, Henry Loomis and Charles Pardo, late of Whitehall, in said county of Washington, ‘on the twenty-ninth day of May, in the year of our Lord one thousand nine hundred and ....... , at the said town of Whitehall and county of Washington, in and upon one Henry H. Knight, then being one of the constables of said county, in the peace of God and of the said peo- ple, then and there being, and in the due execution of his said office, then and there also being, did make an assault, and him, the said Henry H. Knight, then and there did beat, wound and ill-treat, and the due execution of his said office, did then and there, with force and arms, resist, hinder and prevent, contrary to the statute in that case made and provided, and against the peace of the people of the State of New York, and their dignity. And the jurors aforesaid, upon their oath aforesaid, do further present: That Florus D. Meacham, Esquire, was a justice of the peace, in and for the county of Wash- ington, at the town of Whitehall on the said twenty-ninth day of May, in the year of our Lord, one thousand nine hundred and ...., that on the said twenty-ninth day of May, in the year of our Lord, one thousand nine hundred and ...., at said town and county, the said Meacham, as a justice of the peace aforesaid, duly issued a certain process called a search warrant, subscribed with his name, directed to any constable of said county, and com- manding them in the name of the people of the State of New York, to search a certain barn in said town of Whitehall, which was in said warrant particularly described, in the day-time, for certain personal property, in said warrant particularly set forth and described belonging to one Alwyn Martin and one Moses T. Clough, which property had been stolen and feloniously taken, 248 SPECIFIC CRIMES. and was then concealed in said barn, and said stolen prop- erty to bring before said justice of the peace, all of which will, by said warrant, more fully and at large appear, that one Henry H. Knight, then and there, was a constable in and for said county, at Whitehall in said county, that said process was duly delivered to him for execution at the time and place aforesaid, that said- constable then and there proceeded to the due execution thereof, and was at and about the searching said barn, | in the day-time, for said stolen property, to take the same before said justice, as by said warrant he was com- manded; and that on the day and at the place last afore- said, Joel W. Holcomb, James Woodard, Henry Loomis and Charles Pardo, in and upon the said Henry H. Knight, then and there being in the due execution of said process, did make an assault, and the execution of said process did then and there, with force and arms, mali- ciously and wilfully resist, and him, the said Henry H. Knight, did then and there, from the execution of said process, hinder and prevent, and the said stolen property did then and there, with force and arms, violently and unlawfully, from the custody and possession of him, the said Henry H. Knight, receive and take away, contrary to the statute in that case made and provided, and against the peace of the people of the State of New York and their dignity. And the jurors aforesaid, upon their oath aforesaid, do further present: That Joel W. Holcomb, James Woodard, Henry Loomis and Charles Pardo, late of Whitehall in said county, on the twenty-ninth day of- May, in the year of our Lord, one thousand nine hundred and ...., at the said town of Whitehall and county of Washington, with force and arms, did unlawfully, riot- ously and routously assemble together to disturb the peace, and being so assembled together, in and upon one Henry H. Knight, then and there being one of the con- stables of the said county of Washington, in the due and ASSAULT UPON OFFICER. 249 lawful discharge of the duties of his office and constable of said county being, in the service of a lawful process, to any constable of said county directed, and by him then and there had and held for execution as such con- stable, commanding him to search certain premises in said town and county, for certain stolen property, and the same to bring before the magistrate issuing said process; which place and property were, in said process, particularly described and set forth, said process having been issued by one F. D. Meacham, a justice of the peace in and for said county, at said town of Whitehall, and having due authority and power to issue the same, did make an assault, and riotously and routously him, the said Henry H. Knight, did resist, hinder and obstruct in the discharge of the duties of his office of constable, and the execution of said process, and the place which by said process said Knight was commanded to search, did, with force and arms, unlawfully hinder and prevent from searching, and the said stolen property did prevent and hinder from being taken before the magistrate issuing said process, as by the command thereof said constable was directed. And the jurors aforesaid, upon their oath aforesaid, do further present: That Joel W. Holcomb, James Wood- ard, Henry Loomis and Charles Pardo, late of Whitehall, in said county of Washington, on the twenty-ninth day of May, in the year of our Lord, one thousand nine hun- dred and ...., with force and arms, at said town of Whitehall and county of Washington, the execution of a certain process called a search warrant, in due form of law issued by an officer having full authority and juris- diction to issue the same and then and there had and held, by one Henry H. Knight, then and there being a constable in and for said county, for execution, did resist, and the execution thereof did then and there prevent, hinder and obstruct, contrary to the statute in that case 250 SPECIFIC CRIMES, made and provided, and against the peace of the people of the State of New York, and their dignity. Pe eer eeerrresreeeeenseeon ? District Attorney. 3. ASSAULT ON THE HIGH SEA. A. BY MASTER OR OTHER OFFICERS UPON SEAMAN., (U. S. Rev. Stats., § 5347, 6 Fed. Stats. Aun., 1st ed., p. 922.) Form No. 415. In the District Court of the United States of America for the Northern District of Illinois. Northern District of Illinois, ss. The grand jurors for the United States of America, inquiring within and for the Northern District of Illinois, upon their oath present that Henry Wigmore, late of the city of Chicago, in the county of Cook, in the district aforesaid, on the first day of August, in the year of our Lord one thousand nine hundred and ...., within the admiralty and maritime jurisdiction of the United States and out of the jurisdiction of any particular state of the United States and within the jurisdiction of this court, in and on board of a certain American vessel, to-wit, a schooner called the Ranger, the same then and there belonging to Philip D. Armour, a citizen of the United States, late of the district aforesaid, on the high seas, to-wit, on the waters of Lake Superior, with force and arms, in and upon George Smith did make an assault, and him the said George Smith then and there, from malice, hatred, and revenge, and without justifiable cause, unlaw- fully did beat, wound, and ill-treat; he the said Henry Wigmore being then and there the master of said vessel, and the said George Smith being then and there one of the crew of the same; against the peace and dignity of the United States, and contrary to the statute of the same in such case made and provided. [Other counts may be added, continuing as follows:] ASSAULT ON HIGH SEAS. 251 And the jurors aforesaid, upon their oath aforesaid, do further present that the Northern District of Ilhnois, in the 7th Circuit, is the district into which the said Henry Wigmore was first brought and in which he was appre- hended for said offense. ened States District Attorney: B. BY SEAMEN UPON MASTER OR OTHER OFFICER. (U. S. Rev, Stats., §4596, 6 Fed. Stats. Ann., Ist ed., p. 910.) Form No. 416. [Caption as in Form No. 415, and add:] The jurors of the United States of America within and for the dis- trict and circuit aforesaid upon their oath present that George Smith, on the fourth day of July, in the year of our Lord one thousand nine hundred and ...., out of - the jurisdiction of any particular state of the United States, within the admiralty and maritime jurisdiction of said United States upon the high seas, in and on board of a certain American vessel, to-wit, a certain schooner called the John Fletcher, then on the waters of Long Island Sound on a voyage from the city of Boston, in the state of Massachusetts, to the city of New York, in the state of New York, the same being then and there the property of one John Law, a citizen of the United States, he the said George Smith being then and there lawfully engaged as a seaman on board of said vessel, with force and arms, in and upon one Robert Clayton, he the said Robert Clayton being then and there the master (or mate) of said vessel unlawfully did make an assault, and him the said Robert Clayton did then and there beat, bruise, wound, and ill-treat, and other wrongs to him the said Robert then and there did, against the peace and dignity of the United States and contrary to the form of the statute of the same in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do fur- 252 SPECIFIC CRIMES, ther present that the said southern district of New York, in the second circuit, is the district into which the said Robert Clayton was first brought and in which he was apprehended for said offense. [Signature of Disivia Attorney. ] 4, STATUTORY DEGREES OF OFFENSE. A. FIRST DEGREE, NEW YORK. (New York Pen. Code, § 217.) Form No. 417. [Commence as in Form No. 46, and add:] The grand jury of the county of Erie by this indictment accuse Henry Harlow of the crime of assault in the first degree, committed as follows: The said Henry Harlow, on the fourth day of July, nineteen hundred and ...., at the city of Buffalo, in this county, with a certain pistol com- monly called a revolver, then and there loaded and charged with gunpowder and leaden balls, which pistol the said Henry Harlow in his right hand then and there had and held, the same being a deadly weapon likely to produce death, with force and arms wilfully, feloniously, and of his malice aforethought, did make an assault wpon one John Thomas, then and there being, and at, toward, and against the said John Thomas the said pistal, so loaded and charged as aforesaid, did then and there shoot off and discharge, with intent him the said John Thomas then and there wilfully, feloniously, and of his malice aforethought, to kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of New York, Wishsuree wea des mers District Attorney. ASSAULT—STATUTORY DEGREES, 253 B. SECOND DEGREE. NEW YORK. (New York Pen. Code, § 218.) Form No. 418. [Commence as in Form No. 417, and add:] The grand jury of the county of Suffolk by this indictment accuse Henry Harlow of the crime of assault in. the second degree, committed as follows: The said Henry Harlow, on the fourth day of July, nineteen hundred and ...., at the village of Patchogue, in this county, with an iron poker of the length of two feet, of the thickness of one- half inch, which poker he the said Henry Harlow in his right hand then and there had and held, ‘the same being a weapon likely to produce grievous bodily harm, in and upon the body of one John Thomas, then and there being, did wilfully and wrongfully make an assault, and him the said John Thomas upon the left side of the head, with the iron poker aforesaid, did then and there wilfully and unlawfully strike and wound with intent then and there to do him the said John Thomas great bodily harm, con- trary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of New York. C. THIRD DEGREE. MINNESOTA.+ Form No. 419. In Justice’s Court. Before Albert Johnson, Justice. State of Minnesota, County of Goodhue. \ John Doe, of the city of Red Wing, in said county and state, being first duly sworn and examined on oath, by 1 Assault in the third degree is not an indictable offense in Minne- sota, but is prosecuted in a summary manner in a complaint before the justice of the peace. 254 SPECIFIC CRIMES. the undersigned, one of the justices of said county, com- plains and says that Richard Roe, of said city of Red Wing, on the first day of March, A. D.19.., at said city of Red Wing, in said county, in and upon the body of him the said John Doe did make an assault, and him the said John Doe did then and there beat, bruise, wound, and ill- treat, and other wrongs and injuries then and there did to him the said John Doe, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Minnesota; and said complainant prays that the said Richard Roe may be arrested and dealt with according to law. Joun Dos. Subscribed and sworn to before me this 2d day of March, 1897. wiepeaseesercereurdss ; Justice of the Peace. VII. BARRATRY. 1. INDICTMENT OR INFORMATION. Form No. 420. (Precedent from 2 Chitty Cr. L. 233.) Middlesex. The jurors of our lord the king upon their oath present, that John Doe, late of the Parish of St. Paul, Covent Garden, in the county of Middlesex, yeo- man on the twentieth day of February, in the sixth year of the reign of our sovereign lord, George the Seventh, by the grace of God of the United Kingdom of Great Britain and Ireland, king, defender of the Faith, with force and arms, at the said Parish of St. Paul, Covent Garden, in the said county of Middlesex, and on divers other days and times as well before as afterwards, was, and yet is, a common barrator; and that he the said John Doe, on the said 20th day of February aforesaid and on divers other days and times at the parish of St. Paul, Covent Garden, in the county of Middlesex aforesaid, BARRATRY—NOTE OF PARTICULARS. 255 divers quarrels, strifes, suits, and controversies among the honest and quiet liege subjects of our said lord and king, then and there did move, procure, stir up, and excite, to the evil example of all others and common nuisance of the liege subjects of our said lord, the king, and also against the peace, of our said lord the king, his crown and dignity. 2. NOTE OF PARTICULARS. MASSACHUSETTS, Form No. 421. (Precedent from Com. v. Davis, 28 Mass., 11 Pick., 432.) Commonwealth against Eliakim Davis. To the above named defendant. Take notice that upon the trial of this cause evidence will be offered concerning the following particulars, namely: Complaint in behalf of the Commonwealth v. Phillip F. Cowdin, for perjury, before M. Gill Esq. Two complaints &c. vs. Same, for forgery, before L Goodwin Esq. Complaint &¢. vs. Same, for forgery, before C. Myrick Esq. Complaint &c. vs. Same, for forgery, before D. Brig- ham Esq. Complaint &e. vs. Josiah Hartwell and others, com- plaint made to W. Jennison Esq. Complaint &. v. Sumner D. Boynton for assaults, &., before P. Williams Esq. ‘ 256 SPECIFIC CRIMES. SOUTH CAROLINA, Form No. 422. (Precedent from State v. Chitty, 1 Bail. L. 380.) against Charles C. Chitty. To the Defendant: Take notice that on the trial of this case before Mr. Justice Bay, at General Sessions, Charleston, the State ‘will offer evidence concerning the following specifica- tions: 1st Specification. A prosecution against Gustavus Dupre for larceny, respecting a watch in his possession, claimed by one Newhall. 2d Specification. A prosecution against Margaret Wyse, at the suit of Mary Douglass. 3d Specification. A prosecution against Captain Cowart at the complaint of Wyse. 4th Specification. A prosecution against Caroline Saunders for an assault on Mary Anne Thompson. 5th Specification. A prosecution against Mary Anne Thompson for an assault on Caroline Saunders. 6th Specification. A prosecution against Mary Dowl- ing, Mary Anne Thompson, prosecutrix. 7th Specification. Inciting and persuading A. 8. Harris to cross-warrant A. Talvande. 8th Specification. Inciting Wyse to persuade his wife to cross-warrant Mary Douglass. 9th Specification. State v. Appleton Brooks. The war- rant which Mr. Chitty issued against Brooks, to answer to a complaint of Oliver Poland, and the settlement of the prosecution, will be relied on as a case of barratry. State of South Carolina BASTARDY—INDICTMENT OF FATHER, 257 VIII. BASTARDY. 1. INDICTMENT OF FATHER. a. For Bastardy. MARYLAND. Form No. 423, (Precedent from Norwood v. State, 45 Md. 70.) [Commence as in Form No. 30, and add:] The jurors of the state of Maryland, for the body of Frederick ‘county, do upon their oath present that W. Herbert Nor- -wood, late of said county, on the 7th day of December, ‘nineteen hundred and ...., at the county aforesaid, unlawfully, did beget upon the body of Mary E. Nus- ‘baum, a free white woman of said county, a female ille- igitimate child, of which said female illegitimate child the ‘said Mary E. Nusbaum, afterwards, to-wit, on the 7th .day of September, nineteen hundred and ...., at the county aforesaid, was then and there delivered, and which said female illegitimate child was then and there born -alive, and is still living, to-wit, at the county aforesaid, to the great damage of the said Mary E. Nusbaum, contrary to the form of the Act of Assembly in such case made and provided, and against the peace, government and dignity of the state. vb. For Failure to Provide Maintenance and Education. GEORGIA. Form No. 424. (Precedent from Walker v. State, 5 Ga. 492.) [Follow Form No. 21 to charging part, and add:] John Walker, of the county and state aforesaid, with the offense of refusing to give security for the maintenance and education of his bastard child for that the said John Walker was, on the 12th day of September, 19.., arrested Crim. Proc. Forms—17 258 SPECIFIC CRIMES. by Edward R. Anderson, sheriff of said county of Wilkes, under and by virtue of a warrant, from under the hand and seal of Isaac A. McLendon, a Justice of the Peace for the said county of Wilkes, charged upon the oath of one Mary Ann Wheatley of said county of Wilkes, charging the said John Walker with being the father of a bastard child, which was then and there likely to be born of her, the said Mary Ann Wheatley, and likely to be chargeable to said county of Wilkes; and the said John Walker, arrested as aforesaid, was brought before Isaac A. McLendon and Benjamin Smith, Justices of the Peace for said county of Wilkes, and then and there, to-wit, on the 14th day of September, in the year aforesaid, in said county of Wilkes, the said Justices, after due deliberation, ordered and adjudged that the said John Walker should give bond and security for the education, support and maintenance of said child, so to be born as aforesaid, he, the said John Walker, being then and there, by the Jus- tices aforesaid, required to give said bond and security, for the maintenance and education of said bastard child, in terms of the law, he, the said John Walker, being then and there, the father of said bastard child, and he, the said John Walker, then and there, to-wit, on the day and year last aforesaid, in said county of Wilkes, then and there refused to give said bond and security, and still refuses so to do, contrary to the laws of said state, the good order, peace and dignity thereof. Ede aatstrsous ane? act astatn eect ae ‘ Solicitor-General. BASTARDY—INDICTMENT OF FATHER, 259 NORTH CAROLINA, Form No. 425. (Precedent from State v. Wynne, 116 N. C. 981, 21 S. EB. 35.) [Commence as in Form No. 49, and add:| The jurors for the State upon their oath present that Walter Wynne, on the 4th of October, 19.., in and upon the body of one Mary Neal did wilfully and unlawfully beget a bastard child, she the said Mary Neal being then and there an unmarried woman, and the said bastard child, as begotten by said Walter Wynne, having been born alive.on the fourth day of July, 19. ., still lives and is likely to become a county charge, and he the said Walter Wynne then and there refused to provide for the maintenance of said child, against the form of the statute in such case made and provided, and against the peace and dignity of the tate; $§$«-=—3————i*:«C opt sb eso sith niga Wus'd wrens ern ; Solicitor. SOUTH CAROLINA, Form No. 426. (Precedent from State v. Crawford, 10 Rich. L. 365.) [Commence as in Form No. 57, and add:] At a Court of Sessions begun to be holden in and for the District of Chesterfield, in the State of South Carolina, at Chester- field Court House, in the District and State aforesaid, on the first Monday in October, in the year of our Lord one thousand nine hundred and ..... The jurors of and for the District of Chesterfield aforesaid, in the State of South Carolina aforesaid, that is to say: Upon their oaths present that Lucy Ann Smothers, a free white single woman of Chesterfield District, in the State aforesaid, on the twenty-eighth day of February, in the year of our Lord one thousand nine hundred and ...., at Chesterfield Court House, in the District and State aforesaid, was delivered of a female child, which by the oe 260 SPECIFIC CRIMES. laws of this State is a bastard, and that the said child is likely to become a burden to the District aforesaid. And the jurors aforesaid, upon their oaths aforesaid, do fur- ther present, that one Neil Crawford is the father of the said child, and has refused to enter into recognizance, with two good and sufficient securities, according to law, for and towards the maintenance of the said child, against the form of the Act of the General Assembly of the said State in such case made and provided, and against the peace and dignity of the same State aforesaid. 2. INDICTMENT OF MOTHER. a. For Concealing Birth. MISSOURI, Form No. 427, (Precedent from State v. White, 76 Mo. 97.). [Commence as in Form No. 36, and add:] The grand jurors for the state of Missouri, impaneled, sworn and charged to inquire within and for the county of Lafayette and state aforesaid, upon their oath present and charge that Martha White on the Ist day of January, 1882, being then and there pregnant and big with a female child, was then and there delivered of said female child, and being so delivered of the said female child, did, on the said 1st day of January, 19.., at the county of Lafayette afore- said unlawfully, feloniously, knowingly and wilfully endeavor privately to conceal the birth of said female child by secretly exposing and subjecting the body of the said female child to a fire of intense heat, and then and there thereby baking and partly burning the body of the said female child, and that the said Martha White afterward, to-wit, on the same day and year last afore- said, then and there did unlawfully, feloniously know- BASTARDY—INDICTMENT OF MOTHER. 261 ingly and wilfully endeavor, privately, to conceal the birth of the said female child by secretly hiding the body of the said female child under the house of the said Martha White, there situate, so that it was not and could not be known then and there whether: the said female child was born alive or not; and so the jurors aforesaid upon their oath aforesaid do say and present that the said Martha White being delivered of the said female child as aforesaid, did unlawfully, feloniously, wilfully and knowingly, in the manner and form and by the means aforesaid, endeavor to conceal the birth of the said female child by secreting, baking and partly burning and hiding the body of the said female child, so that it was not and could not be known then and there whether the said female child was born alive or not; against the peace and dignity of the state. Peer re ee , Prosecuting Attorney for the county of Lafayette. NORTH DAKOTA. Form No. 428. [Commence as in Form No. 49, and add:| The grand jury of the State of North Dakota, in and for the county of Burleigh, upon their oaths present: That heretofore, to-wit, on the twentieth day of March, in the year of our Lord one thousand nine hundred and ...., at the county of Burleigh, in said State of North Dakota, one Jane Doe, late of said county of Burleigh, and ‘state aforesaid, did commit the crime of concealing the birth of her bastard child committed as follows, to-wit: That at said time and place the said Jane Doe was pregnant of a child of her body, which when born would be a bastard, and on the said twentieth day of March, at the county: of Burleigh aforesaid, she unlawfully concealed her said pregnancy, and was then and there willingly and intentionally deliv- ered in secret by herself of her said child, the issue of 262 SPECIFIC CRIMES. her body, contrary to the form of the statute in such case made and provided, and against the peace and dig-. nity of the State of North Dakota. Dated at Bismarck this nineteenth day of May, 19... eee eee e tener eee eee serene State’s Attorney. b. For Concealing Death. MICHIGAN. Form No, 429, [Commence as in Form No. 82, and add:] The grand jurors, for the people of the State of Michigan, inquiring in and for the body of said county, upon their oaths pre- sent: That Jane Doe, late of the township of Plymouth, in the county aforesaid, was pregnant of a child, which if born alive would be a bastard; that the said Jane Doe was, on the fifteenth day of February in the year of our Lord one thousand nine hundred and ...., at the town- ship of Plymouth aforesaid, delivered of said child, and that said child was afterwards found to be dead, and that the said Jane Doe, on said fifteenth day of February, at Plymouth aforesaid, wilfully and wickedly endeavored to conceal the death of the said child, the issue of her body, so that it might not come to light whether it was born alive or not, or whether it was murdered or not, against the form of the statute in such cases made and provided, and against the peace of the people of the state of Michi- gan, and their dignity. Prosecuting Atiomies: MARRYING WHILE MARRIED. 263 IX. BIGAMY. 1. MARRIAGE CONTRACTED BY MARRIED PERSON. a. Indictment. ARKANSAS, Form No. 430, (Precedent from Scoggin v. State, 32 Ark. 206.) [Commence as in Form No. 12, and add:] The Grand Jury of Howard County, in the name and by the authority of the State of Arkansas accuse Peter Scoggin of the crime of bigamy, committed as follows, to-wit: That said Peter Scoggin, in the county of Howard, on or about the 15th day of July, A. D. 19.., did unlawfully and felo- niously marry one Mary Chandler, and take her to wife, and from the day and year aforesaid, to the finding of this bill of indictment, did and has continued to live and cohabit as man and wife with the aforesaid Mary Chandler, in the county of Howard, he, the said Peter Scoggin, on the aforesaid 15th day of July, A. D. 19.., and ever since that day, having a wife living, to-wit, one Sophia Scoggin; and to the great injury of the public morals, and contrary to the statute in such case made and provided, and against the peace and dignity of the State of Arkansas. Prosecuting tomes: CALIFORNIA. (Kerr's Pen. Code, 1915, § 281.) Form No. 431. (Precedent from Kerr’s Cyc. Pen. Code, p. 1424.) [Follow Form No. 13 to charging part, and add:] Did knowingly, wilfully, and feloniously marry one ...... the said defendant being then and there the lawful jae 264 SPECIFIC CRIMES. band (or wife, as the case may be) of another person, to-wit, ...... , then and there living, the marriage of the defendant and said ...... not having been annulled, dis- solved, or pronounced void, by the judgment of any competent court, but then and there subsisting, as the defendant well knew, and the said ...... not then and there being absent from the said defendant for five suc- * cessive years without being known to defendant to be living. Contrary, ete. [Complete as in Form No. 18.] CONNECTICUT. Form No. 432. [Commence as in Form No. 13, and add:] The Grand Jurors within and for the said county upon their oath present,* that John (or Jane) Doe, of Haddam, in the county of Middlesex, state of Connecticut, on the 2d day of January, 19.., at Haddam aforesaid, did lawfully marry one Jane (or John) Dee, and the said Jane (or John) Dee then and there had for his (or her) wife (or husband) ; and that the said John (or Jane) Doe after- wards, to-wit, on the 16th day of June, 19.., with force and arms, at Haddam aforesaid, feloniously did marry and take to wife Martha (or David) Jones and to her (or him) the said Martha (or David) Jones then and there was married, the said Jane (or John), his (or her) former wife (or husband) being then and there living and in full life, against the form of the statute in such case made and provided, and against the peace. INDIANA. Form No. 433. (Drawn under Stats. 1896, § 1986.) [Commence as in Form No. 24, and add:] The grand jury of the county of Posey, in the state of Indiana, good and lawful men, duly and legally impaneled, charged and MARRYING WHILE MARRIED. 265 sworn at the June term of the Circuit Court of Posey County, for the year 19.., to inquire into felonies and certain misdemeanors in and for the body of said county of Posey, in the name and by the authority of the state of Indiana, on their oath present, that one John (or Jane) Doe, late of the said county of Posey, on the 16th day of June, 19.., at the town of Mount Vernon, in the county of Posey and state of Indiana aforesaid, did marry one Jane (or John) Dee, and her (or him), the said Jane (or John) Dee then and there had for his (or her) wife (or husband) ; and that John (or Jane) Doe afterwards, and whilst he (or she) was so married as aforesaid, to-wit, on the 16th day of June, 19.., at the town of Mount Vernon, in the county of Posey, and state of Indiana aforesaid, did feloniously and unlawfully marry and take for his (or her) wife (or husband) one Martha (or David) Jones, and to her (or him) the said Martha (or David) Jones was then and there married, his (or her) former wife (or husband) being then alive, and the bond of matrimony between him (or her) the said John (or Jane) Doe and her (or him) the said Jane (or John) Dee then being still undissolved, and no legal presump- tion of the death of said Jane (or John) Dee having arisen, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Indiana. (khesor esas nekewewss , Prosecuting Attorney. Recorded this 17th day of June, 19.. KENTUCKY, (Bullitt’s Codes, pp. 145, 147.) ’ Form No. 434. [Commence as in Form No. 27, and add:] The grand jury of Bourbon county, in the state of Kentucky, in the name and by the authority of the Commonwealth of Ken- 266 SPECIFIC CRIMES. tucky, accuse John (or Jane) Doe of the crime of bigamy, committed as follows, viz.: The said John (or Jane) Doe, on the 16th day of June, 19.., in the county afore- said, then having a wife (or husband) then living, whom he (or she) married in the state of Tennessee on the 2d day of January, 19.., and whose name was Jane (or John) Doe when he (or she) married her (or him), unlaw- fully married Martha (or David) Jones, against the peace and dignity of the Commonwealth of Kentucky. MINNESOTA. Form No. 435. (Precedent from State v. Armington, 25 Minn. 29.) [Commence as in Form No. 838, and add:] John L. Arm- ington is accused by the grand jury of the county of Hennepin, in the state of Minnesota, by this indictment of the crime of polygamy, committed as follows: The said John L. Armington, on the twenty-first day of January, A. D. 19.., at the city of Minneapolis, in said Hennepin county, wilfully, unlawfully and feloniously having a wife then living, unlawfully married one Susie E. Roe, whose true name was and is Susan H. Weller, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Minnesota. Dated at [complete as in Form No. 38]. MISSOURI. Form No. 436. (Precedent from State v. Gonce, 79 Mo. 600, 4 Am. Cr. Rep. 68.) [Commence as in Form No. 86, and add:| The grand jurors for the state of Missouri, summoned from the body of Stone county, impaneled, charged and sworn, upon their oaths present that Abraham R. Gonce, late of the county aforesaid, on the 10th day of April, 19.., at the county of Stone aforesaid, did, unlawfully and feloni- MARRYING WHILE MARRIED, 267 ously marry and take to wife, one Martha Ann Keithley, and to her, the said Martha Ann Keithley, was then and there married; he, the said Abraham R. Gonce, then and there having a wife living, to-wit, Mary A. Gonce; against the peace and dignity of the state. [Complete as in Form No. 36.] NEW YORK. Form No. 487, [Commence as in Form No. 46, and add:] The grand jury of Suffolk county by this indictment accuse John (or Jane) Doe of the crime of bigamy, committed as fol- lows: The said John (or Jane) Doe, on the 12th day of October in the year of our Lord one thousand nine hun- dred and ...... , at Detroit in the county of Wayne and state of Michigan, did lawfully marry one Jane (or John) Doe and her (or him) the said Jane (or John) did, then and there have for a wife (or husband); and that the said John (or Jane) Doe afterwards, to-wit, on the 8th day of January, A. D. 19.., at the town of Babylon in the county of Suffolk and state of New York, did unlaw- fully and feloniously marry and take as his wife (or her husband) one Martha (or David) Jones and to her (or him) the said Martha (or David) was then and there married the said Jane (or John) being then and there living and in full life. District Attorney of the County of Suffolk. Form No. 438. (Precedent from Fleming v. People, 5 Park Cr. Rep. 353.) [Commence as in Form No. 46, and add:] The jurors of the People of the State of New York in and for the body of the city and county of New York, upon their oaths present: That Charles H. Fleming, late of the first ward of the city of New York in the county of New York 268 SPECIFIC CRIMES. aforesaid, on the eleventh day of November, in the year of our Lord one thousand nine hundred and ........ , did marry one Rowena Baldwin, and her, the said Rowena, did then and there have for wife; and that said Charles, afterwards, to-wit, on the 31st day of December, in the year of our Lord one thousand nine hundred and ....... ‘ at the ward, city and county aforesaid, with force and arms, did feloniously marry and take as his wife one Jane A. Butt, and to the said Jane was then and there married, the said Rowena being then and there living, and in full life, against the form of the statute in such case made and provided, and against the peace of the people of the State of-New York and their dignity. ides We Re CE Ree RS , District Attorney. PENNSYLVANIA, Form No. 439. (Precedent from Gise v. Com., 81 Pa. St. 428.) [Commence as in Form No. 55, and add:] The grand inquest of the Commonwealth of Pennsylvania, inquiring for the county of Luzerne, upon their respective oaths do present that David Gise on the first day of January, A. D. one thousand nine hundred and........ , did marry one Harriet Fisher, and he the said Harriet then and there had for a wife, and the said David Gise afterwards, and while he was married to the said Harriet as afore- said, on the twenty-fourth of May, A. D. one thousand nine hundred and ...., unlawfully did marry and take to wife one Jemima Davis, and to her the said Jemima was then and there married; the said Harriet, his former wife, being then alive, contrary to the form of the Act of General Assembly in such case made and provided and against the peace and cia of the Commonwealth of Pennsylvania. (ae kaweaeweeanswekes District Attorney, MARRYING WHILE MARRIED, 269 TEXAS. Form No, 440. (Precedent from May v. State, 4 Tex. App. 424.) [Follow Form No. 60 to charging part, and add:| With force and arms, did unlawfully marry and take to wife one M. J. Morris, a female of the age of sixteen years, the said H. H. May being then and there an adult male person, the said H. H. May having then and there a for- mer living, lawful wife, to whom he had been previously lawfully married, to-wit, one Adeline May, formerly Adeline Gary, the said H. H. May well knowing that his said former wife was living still, and that said former wife had not been then and there remaining continually out of the State of Texas, nor had said former wife vol- untarily withdrawn from the said H. H. May and remained absent for five years; and the said H. H. May not having been then and there lawfully divorced from his said former wife, against the peace and dignity of THOSEGLO: $8 &q . ‘SdVéedbwdouusete~eudes Foreman of the Grand J Ty: VERMONT. Form No. 441. [Commence as in Form No. 68, and add:] That John (or Jane) Doe, of Potton, Canada Kast, on the 2nd day of January, in the year of our Lord one thousand nine hundred and ...., at Chelsea, in the State of Massachu- setts, did lawfully marry one Jane (or John) Dee, and her, the said Jane (or John) Dee then and there had for his (or her) lawful wife (or husband) ; and that the said John (or Jane) Doe, afterwards, to-wit, on the 1st day of June, in the year of our Lord one thousand nine hun- dred and ...., with force and arms at Marshfield in said county of Washington, feloniously did marry and to wife (or husband) did take one Martha (or David) 270 SPECIFIC CRIMES. Jones, the said Jane (or John) his (or her) former wife (or husband) being then and still alive; contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the SRA == ch eh Cane eee wens , Foreman. A true bill. b. Information. MICHIGAN. Form No, 442, [Commence as in Form No. 30, and add:] In the name of the people of the State of Michigan, I, Henry N. Brevoort, prosecuting attorney in and for said county of Wayne, who prosecute for and on behalf of the people of said state in said Court come now here in said Court and give the said Court to understand and to be informed that Charles Kopke, late of said city of Detroit, hereto- fore, to-wit, on the 9th day of May, in the year of our Lord one thousand nine hundred and ...., at the city of Cleveland in the county of Cuyahoga, State of Ohio, did marry one Emma Marguardt, spinster, and her the said Emma Marguardt then and there had for his wife; and that the said Charles Kopke afterwards and whilst he was so married to the said Emma Marguardt as afore- said, to-wit, on the 29th day of May, A. D. 19.., at the said city of Detroit, county of Wayne, State of Michigan, feloniously did marry and take to wife one Lizzie Kohl and by and to her the said Lizzie Kohl was then and there married, the said Emma Marguardt his former wife, being then living, contrary to the form of the stat- ute in such case made and provided and against the peace and dignity of the people of the state of Michigan. eee reer eee eee eo eee nes MARRYING SPOUSE OF ANOTHER. 271 2, KNOWINGLY MARRYING SPOUSE OF ANOTHER. a. In General. NEW YORK. Form No. 443. [Commence as in Form No. 46, and add:] The grand jury of Suffolk county by this indictment, accuse John Doe of the crime of bigamy, committed as follows: The said John Doe, on the 16th day of June, in the year of our Lord one thousand nine hundred and ...., at the town of Babylon, in the county of Suffolk and state of New York, did knowingly, unlawfully, and feloniously marry and take as his wife one Martha Jones, and to her the said Martha was then and there married, he the said John Doe then and there knowingly, unlawfully and feloniously entering into said marriage with her the said Martha, he the said John Doe, then and there well know- ing that she the said Martha was then and there a mar- ried person then having a husband living, whose name was Robert Jones, to whom she the said Martha on the 12th day of October, in the year of our Lord one thou- - sand nine hundred and ...., at Detroit, in the county of Wayne, and state of Michigan, had been lawfully WHVICd. —. .. . .-... (ewe¥seumadew teed wes we District Attorney of the County of Suffolk. b. By Unmarried Person. ILLINOIS. Form No. 444, [Follow Form No. 23 to charging part, and add:| That on the 16th day of June, 19.., at Carrollton, in the county of Green aforesaid, John (or Jane) Doe, then being unmarried, feloniously and knowingly did marry and take to wife (or husband) one Martha (or David) Jones, 272 SPECIFIC CRIMES. well knowing that the said Martha (or David) Jones was then married, and then was the wife (or husband) of David (or Martha) Jones. [Concluding as in Form No. 23.) KANSAS. Form No. 445, [Follow Form No. 26 to charging part, and add:] The grand jurors for the state of Kansas in and for the county of Cowley, duly impaneled, sworn and charged to inquire within and for the county of Cowley, in the name and by the authority of the state of Kansas, upon their solemn oaths do present, that one John Doe, on or about the 2d day of April, in the year of our Lord one thousand nine hundred and ...., at Detroit, in the county of Wayne, in the state of Michigan, lawfully married one Martha Jones, and her the said Martha Jones did then and there have for his lawful wife; and that afterwards, to-wit, on the 2d day of February in the year of our Lord one thousand nine hundred and ...., the said Martha being then alive and still the lawful wife of him the said John Doe, one Mary Dee, being then and there an unmarried person, and then and there well knowing him the said John Doe to be then and there the husband of her the said Martha, and that the said Martha was then still alive, did, at the county of Cowley. in the state of Kansas, knowingly, unlawfully, and feloniously marry him the said John Doe, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Kansas. BIGAMOUS, ETC., COHABITATION, 273 3. BIGAMOUS AND POLYGAMOUS COHABITATION. a. In General. FLORIDA. Form No. 446. [Commence as in Form No. 20, and add:] In the name and by the authority of the people of the state of Florida, the grand jurors of the state of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the county of Leon, upon their oath do pre- sent, that John Doe, of the county of Leon and state of Florida, on the 2d day of January, in the year of our Lord one thousand nine hundred and ...., in the county and state aforesaid, did lawfully marry one Jane Dee, and her the said Jane Dee, did then and there have for his lawful wife, and that the said John Doe, afterwards, to-wit, on the 2d day of January, in the year of our Lord one thousand nine hundred and ...., at the city of Jacksonville, in the county of Duval, in the state of Florida, did unlawfully and feloniously marry and take as his wife one Martha Jones, and to her the said Martha Jones was then and there married, the said Jane, his said former wife, being then living and in full life; and that the said John Doe afterwards, to-wit, on the 3d day of January in the year of our Lord one thousand nine hundred and ...., and for a long time thereafter, at said county of Leon, in the state of Florida, unlawfully and feloniously continued to cohabit with her the said Martha, such second wife so unlawfully and feloniously married as aforesaid, the said Jane his said former wife being then living and in full life, contrary to the statute in such case made arid provided and against the peace and ee of the State of Florida. Sah al gear ners Gea ely , state’s Attorney * for the second Judi cal Circuit of Florida. Crim. Proc. Forms—18 274 SPECIFIC CRIMES. b. With Person Married in Another State. CONNECTICUT. Form No. 447, [Commence as in Form No. 17, and add:] The Grand Jurors within aforesaid county on their oaths present and inform: That John Doe, of Haddam, in the county of Middlesex, state of Connecticut, did on the 2d day of January, 19.., marry Jane Dee, of Haddam aforesaid, and had the said Jane Dee for his lawful wife and after- ward, while the said Jane was living, and his lawful wife, as aforesaid, the said John Doe, at the village of Northport, in the county of Suffolk, in the state of New York, on the 16th day of June, 19.., did, contrary to and in violation of the laws of the state of New York, feloniously marry Martha Jones, of the village of North- port, county and state aforesaid, and afterwards the said John Doe and the said Martha came into this state, and on the 17th day of June, 19.., and for a long time there- after, at Haddam aforesaid, in the county of Middlesex, and state of Connecticut, did, with full knowledge that their said marriage was unlawful and void, feloniously cohabit and live together as husband and wife, against the peace and contrary to the statute in such case made and provided. KANSAS. Form No. 448. [Commence as in Form No. 445, and add:] The grand jurors of Lynn county, in the state of Kansas, upon their oaths present: That one John Doe, on or about the 6th day of May, A. D. 19.., at Winfield, in the county of Cowley, in the state of Kansas, lawfully married one Catharine Dee; and afterwards, on the 12th day of June, A. D. 19.., the said Catharine Dee being then alive and still remaining the lawful wife of him the said John Doe, BIGAMOUS COHABITATION, ANOTHER STATE, 275 he, the said John Doe, at the city of Macon, county of Bibb and the state of Georgia, did unlawfully marry one Jane McKee; and thereafter, to-wit, on the 12th day of June, A. D. 19.., he, the said John Doe, at the county of Lynn in the state of Kansas, did unlawfully and felo- niously with her, the said Jane McKee, live and cohabit, contrary to the form of the statute as in such case pro- vided and against the peace and dignity of the people of the State Of Kansas: 88 wusiewad oovtuandacdangi ; District Attorney. MINNESOTA, Form No. 449. (Precedent from State v. Johnson, 12 Minn. 476, 98 Am. Dec, 241.) [Commence as in Form No. 83, and add:] George Johnson is accused by the grand jury of the county of Winona, by this indictment, of the crime of bigamy, com- mitted as follows: that the said George Johnson, on the eighteenth day of March, A. D. 19.., at the city of Buf- falo, in the State of New York, did marry and take to wife one Eleanor Cherry; that afterwards, to-wit, during the year 19.., the said George Johnson, in the county of La Crosse, state of Wisconsin, while his lawful wife Eleanor was still living, did unlawfully marry and take to wife Catherine Flannegan,. and the said George John- son, ever since the said last named marriage has con- tinued to reside’ and cohabit with the said Catherine! Flannegan in the county of Winona, state of Minnesota; that the said Eleanor Cherry, the former wife of the said George Johnson, is still living in the state of New York, and that the said George Johnson mew at the time of the said second marriage, and ever since, that his first and lawful wife, the said Eleanor Cherry, was still living, and that he, the said George Johnson, had never been divorced from the said Eleanor Cherry; and that the said George Johnson, has wilfully, knowingly, and feloniously, 276 SPECIFIC CRIMES. ever since said second marriage, continued to cohabit with the said Catherine Flannegan in the county of Winona, state of Minnesota, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Minnesota. Dated at Winona, in the county of Winona, the 5th day OF March, 19sy §§o ##| decsesisiweudsewreunes Foreman of the Grand J are A true bill. VERMONT. Form No. 450. (Precedent from State v. Palmer, 18 Vt. 571.) [Venue.] Be it remembered, that at the Supreme Court of Judi- cature, begun and holden at Guildhall, within and for said county of Essex, on.the 2d Tuesday of March, in the year of our Lord one thousand nine hundred and ...., the grand jurors within and for the county of Essex aforesaid, now here in court, duly impaneled and sworn, upon their oath present, that William Palmer, late of Lunenburgh in said county of Essex, on the eighth day of July, 19.., at Whitestone in the county of Oneida and State of New York, did marry one Hannah Parkhurst, and her the said Hannah then and there had for his wife, and to her, the said Hannah, then and there was married, and that the said William Palmer, afterwards, to-wit, at Littleton, in the county of Grafton, and State of New Hampshire, on the sixth day of May, 19.., did unlawfully marry and to wife did take one Jane Cheney, and to her the said Jane Cheney, then and there was married, the said Hannah, his former wife, being and then still alive, and that the said William Palmer, at said Lunenburgh, in the said county of Essex, from said sixth day of May, 19.., till the finding of this inquisition, feloniously did continue to cohabit with said Jane his second wife, the BLACKLISTING EMPLOYEES. 277 said Hannah his former wife, being then and still living, contrary to the form, force, and effect of the statute in such case made and provided, and against the peace and dignity of the state. A true bill. (@®eecrerecosce jieeacanans LOKCINAT, X. BLACKLISTING EMPLOYEES. 1. IN GENERAL. MISSOURI, Form No. 451, [Commence as in Form No. 36, and add:] The grand jurors for the state of Missouri impaneled, sworn and charged to inquire within and for the body of the county of Barton and state aforesaid, upon their oaths present and charge that Richard Roe, on the first day of Decem- ber in the year of our Lord one thousand nine hundred and ...., in the county aforesaid, did blacklist (or cause to be blacklisted) one Samuel Short* by writing (or printing, or publishing, or causing to be written or printed, or published) the name of the said Samuel Short (or a mark or designation representing the name of the said Samuel Short) in a certain pamphlet (or paper or circular or book) together with a certain false statement concerning the said Samuel Short, to-wit: [Here set out the false statement], with intent then and there and thereby to prevent by such writing (or printing or pub- lication) as aforesaid the said Samuel Short from secur- ing employment (or causing the discharge of the said _ Samuel Short from the employ of [naming employer]) ; against the peace and dignity of the state. Prosecuting Attorney for the County of Bavtotk 278 SPECIFIC CRIMES. Form No. 452. [Follow Form No. 451 to the *, and add:] by publish- ing in the Lamar Courier, a newspaper published in said county of Barton the state aforesaid, the name of the said Samuel Short with a statement that the said Samuel Short was a member of a secret organization called the Knights of Labor, with intent to then and there and thereby prevent, by such publication as aforesaid, the said Samuel Short from securing employment (or caus- ing the discharge of the said Samuel Short from the employ of [naming employer]); against the peace [con- cluding as in Form No. 451}. 2. AFTER DISCHARGE. COLORADO. Form No. 453. [Commence as in Form No. 15, and ddd:|] The grand jurors, chosen, selected and sworn in and for the county of Dolores, in the name and by the authority of the peo- ple of the state of Colorado, upon their oaths present: That on the twentieth day of December, 19.., at Rico in said county, one Richard Roe was then and there the agent and superintendent of the Pleasant Valley Rail- road Company, a corporation duly organized’ under the laws of the state of Colorado, and who, as such agent and superintendent, had charge of the employment and dis- charge of men engaged in the service of said company upon its trains operated in said county and state, did then and there unlawfully, wrongfully, and knowingly, having theretofore discharged from the service of the said company one Samuel Short, a conductor on the line of road of the said company, furnish in writing and deliver to one Leonard A. Ford, who was then and there the agent and superintendent of the Rocky Mountain Railroad Company at and in said county of Dolores, the BLASPHEMY—AaT COMMON LAW. 279 name of the said Samuel Short, with a statement tha‘ he had been discharged as aforesaid, with intent then and there and thereby to prevent the said Samuel Short from securing employment from the said Leonard A. Ford and the said Rocky Mountain Railroad Company. XI. BLASPHEMY. 1. AT COMMON LAW.? Form No. 454. (Precedent from 2 Chit. Crim. Law, p. 13.) Middlesex. The jurors for our lord the king upon their oaths present, that John Doe, late of the Parish of St. Paul, Covent Garden, in the county of Middlesex, not having the fear of God before their eyes, but being moved and seduced by the instigation of the devil, and contriving and intending to scandalize and vilify the true and Chris- tian religion as received and publicly professed within this realm of England, and to blaspheme God and our Lord Jesus Christ, the Savior of the world, on the 20 day of February in the ...... year of the reign of our sovereign lord George the Seventh, by the grace of God of the United Kingdom of Great Britain and Ireland king, defender of the faith, with force of arms, at the said parish of St. Paul, Covent Garden, in the said county of Middlesex, aforesaid, having and holding in his hands a certain cup of wine, unlawfully, wickedly and blasphe- mously, in the presence and hearing of divers liege sub- jects of our said lord and king, spoke, pronounced, and with a loud voice published these profane and blasphe- mous words following, that is to say, ‘‘Here’s a health to Father, Son and Holy Ghost’’ (meaning Almighty 1See also Forms under title Profanity. 2 Blasphemy against the Deity, or a wanton attack against the Chris- tian religion for the purpose of exposing its doctrines to contempt or ridicule, is an indictable offense at common law. See Kerr’s Whart. Crim. Law, §§ 1861-1864, 1879, 2115. 280 SPECIFIC CRIMES. God, Jesus Christ, the Savior of the world, and the Holy Spirit), and immediately thereupon, then and there drank, the wine from the said cup, to the dishonor of Almighty God, in contempt and disgrace of the Holy Trinity, to the great scandal of the profession of the Christian religion, and to the evil example of all others in the like case offending, and against the peace of our said lord the king, his crown and dignity. 2. UNDER STATE STATUTES. MASSACHUSETTS. Form No. 455. (Precedent from Com. v. Kneeland, 37 Mass., 20 Pick., 207.) [Commence as in Form No. 81, and add:| The jurors for the commonwealth of Massachusetts upon their oath present, that the said Abner Kneeland on December 20, 19.., unlawfully and wickedly composed, printed and published, in a newspaper called The Boston Investigator, of which he was the editor and publisher, a certain scan- dalous, impious, obscene, blasphemous and profane libel, in which he did wilfully blaspheme the holy name of God, by denying and contumeliously reproaching God, His cre- ation, government, and final judging of the world, and by reproaching Jesus Christ and the Holy Ghost and con- tumeliously reproaching the holy Word of God. [Here was set forth an obscene article from the newspaper, con- cerning Jesus Christ, and extracts from another article turning into ridicule the subject of addressing prayers to God.] To the great scandal and contumelious reproach of God and His holy name, His creation, government, and final judging of the world, of Jesus Christ and the Holy 1 Indictment under statute should follow the formal parts of an indictment as given in Chapter 1, for the particular jurisdiction, insert- ing in the body of the indictment, in the particular language of the State statute, the blasphemous words charged. The legal requisites for an indictment for blasphemy are fully discussed in § —, Volume 1, BLASPHEMY—UNDER STATUTE, 281 Ghost, of the holy word of God and of the Christian religion, against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided. And the grand jurors aforesaid further charge that the said libel in another part of it contained the following scandalous, profane and blasphemous words, matters and things, of and concerning God and of and concerning Jesus Christ, and of and concerning the final judging the world by God, and of and concerning the holy Scriptures, to-wit: ‘‘1. Universalists believe in a god, which I do not; but believe that their god, with all his moral attri- butes—aside from nature itself—is nothing more than a mere chimera of their own imaginations. 2. Universal- ists believe in Christ, which I do not; but believe that the whole story concerning him is as much a fable and a fiction as that of the god Prometheus, the tragedy of whose death is said to have been acted on the stage in the theatre at Athens five hundred years before the Christian era. 3. Universalists believe in miracles, which I do not; but believe that every pretension to them can be accounted for on natural principles, or else is to be attributed to mere trick and imposture. 4. Universalists believe in the resurrection of the dead, in immortality and eternal life, which I do not; but believe that all life is mortal, that death is the eternal extinction of life to the individual who possesses it and that no individual life is, ever was, or ever will be eternal.’’ To the great scandal and contumelious reproach of God, and His holy name, His creation, government, and final judging of the world, of Jesus Christ, and the Holy Ghost, and the holy word of God, and of the Christian religion, against the peace of said commonwealth, and contrary to the form of the statutes in such case made and provided. Pe ee 3 District Attorney. 282 SPECIFIC CRIMES. NEW YORK. Form No. 456. (Precedent from People v. Ruggles, 8 Johns. 290, 5 Am. Dec. 335.) [Commence as in Form No. 46, and add:] The grand jury of the county of Washington by this indictment accuse ...... Ruggles of the crime of blasphemy com- mitted as follows: The said Ruggles did on the second day of September, 19.., at Salem in the county of Wash- ington, wickedly, maliciously and blasphemously, utter and with a loud voice publish, in the presence and hearing of divers good and Christian people, of and concerning the Christian religion, and of and concerning Jesus Christ, these false, feigned, scandalous, malicious, wicked and blasphemous words following, to-wit: ‘‘Jesus Christ was a bastard, and his mother must be a whore,”’’ in con- tempt of the Christian religion and the laws of this state, to the evil and pernicious example of all others. coe weet eer eee eee ee eee District Attorney of Washington County. PENNSYLVANIA, Form No. 457. (Precedent from Com. v. Linn, 158 Pa. St. 22, 22 L. R. A. 353, 9 Am. Cr. Rep. 412, 27 Atl. 843.) [Commence as in Form No. 55, and add:] In the Court of Quarter Sessions of the peace of the county of Clarion, Clarion county—ss. The Grand Inquest of the Commonwealth of Pennsylvania, inquiring in and for the county of Clarion, upon their respective oaths and affirma- tions, do present that Rolla Linn, late of said county, yeoman, Daniel Linn, late of said county, yeoman, with divers evil-disposed persons, to the number of three and more, to the jurors aforesaid as yet unknown, on the first day of October, A. D. 19.., at the county aforesaid and within the jurisdiction of this court, did unlawfully, BLASPHEMY—UNDER STATUTE. 283 riotously, and tumultuously assemble and meet together in the peace of the said commonwealth, and, being so then and there assembled and gathered together, did then and there make great noise, riot, tumult, and disturbance, and then and there unlawfully, riotously, and tumultu- ously remained and continued together, making such noises, tumults, and disturbances for a space of time, to-wit, for one hour, to the great terror and disturbance, not only of the good subjects of the said commonwealth there inhabiting and residing, but of all the other citizens of the said commonwealth there passing and repassing in and along the public highways, contrary to the form of the act of assembly in such cases made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania. The Grand Inquest aforesaid, upon their oath aforesaid, do further present that Rolla Linn, late of said county, yeoman, Daniel Linn, late of said county, yeoman, on the day and year aforementioned, and on divers other days, as well before as afterwards, at the county aforesaid, and within the jurisdiction of this court, did greatly disturb and break the peace by tumultuous and offensive carriage, and by threatening, quarreling, and challenging, and by lying in wait for one Harry Mong, and by threatening to kill the said Harry Mong, to the great disquiet, terror, and alarm of the said Harry Mong and other good citizens of this common- wealth, and other wrongs then and there did, to the evil example, and contrary to the form of the act of assembly in such cases made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania. The Grand Inquest of the Commonwealth of Pennsylvania aforesaid, upon their oath aforesaid, do further present that Rolla Linn, late of said county, yeoman, Daniel Linn, late of said county, yeoman, being evil-disposed persons, on the.day and year aforesaid, and divers other times, as well before as since, at the county aforesaid, and within the jurisdiction of this court, did, on the public streets 284 SPECIFIC CRIMES. and highways, profanely curse and swear, and take the name of God in vain, to the evil example and to the common nuisance of the good citizens of the State of Pennsylvania, and contrary to the form of the act of assembly in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsyl- vania. G. G. Sloan, District Attorney. VERMONT. Form No, 458. [Venue.] Be it remembered that at the Supreme Court of Judi- cature, begun and holden at Montpelier, within and for said county of Washington, on the second Tuesday of September, in the year of our Lord one thousand nine hundred and ....... , the grand jurors within and for the body of the county of Washington aforesaid, now here in court, duly impaneled and sworn, upon their oath pre- sent that John Doe of Montpelier, being a pernicious, wicked and evil disposed person, of depraved and impious mind and conversation, and contriving and intending to disturb the public peace and tranquillity, on the 9th day of January in the year of our Lord one thousand nine hundred and ...... ‘, at Montpelier aforesaid, in the county aforesaid, in the presence and hearing of divers good people of this state with whom the said John Doe then and there was talking of and concerning the Supreme Being, and of and concerning His providence and gov- ernment, unlawfully, wickedly, contumeliously, blasphe- mously and publicly did utter and declare with a loud voice these English words following, to-wit: [Here state the blasphemous words, with innuendoes sufficient to show their application], in contempt of God, the Supreme Being, His providence and government, to the evil and pernicious example of all others in like case offending, contrary to the form, force and effect of the statute in BRIBERY—GIVING BRIBE. 285 such case made and provided, and against the peace and dignity of the state. A true bill: Wd eee eH Ne KW eee teas ss , Foreman. XII. BRIBERY. 1. GIVING OR OFFERING A BRIBE, a. To a Constable. Form No. 459. (Precedent from 3 Chit. Crim. Law, p. 696.) Middlesex, ss. The jurors for our lord the king, upon their oath present, that heretofore, to-wit, on the 20th day of February, in the......... year of the reign of our sovereign lord, George the Seventh, by the grace of God, of the united kingdom of Great Britain and Ireland, king, defender of the faith, at the parish of St. Martin in the Fields, in the county of Middlesex, one John Doe, Esquire, then being one of the justices of our said lord the king, assigned to keep the peace of our said lord the king, in and for the county of Middlesex aforesaid, and also to hear and determine divers felonies, trespasses, and other misdemeanors, committed in said county of Middlesex, did then and there make a certain warrant, under his hand and seal, in due form of law, bearing date the day and year aforesaid, directed to all constables and other peace officers of the said county, and especially to Richard Roe, thereby commanding them upon sight thereof, to take and bring before him, the said John Doe, so being such justice as aforesaid, or some other of his majesty’s justices of the peace for the said county, the body of John Fen, late of the parish of St. Martin in the Fields, to answer [here copy from the warrant in full in the past tense]; and which said warrant afterwards, to-wit, on the day and year aforesaid, at the parish afore- said, in the county aforesaid, was delivered to the said 286 SPECIFIC CRIMES. Richard Roe, then being one of the constables of said parish, to be executed in due form of law. And the jurors aforesaid, upon their oath aforesaid, do further present, that Richard Den, late of the parish of St. Martin in the Fields, well knowing the premises, but contriving and unlawfully intending to pervert the due course of law and justice, and to prevent the said John Fen from being arrested and taken under and by virtue of the war- rant aforesaid, afterwards, to-wit, on the day’ and year aforesaid, at, the parish aforesaid, in the county afore- said, unlawfully, wickedly and corruptly, did offer unto the said Richard Roe, so being constable as aforesaid, and having in his custody and possession the said warrant ' go delivered to him, to be executed as aforesaid, the sum of five pounds, if he, the said Richard Roe, would refrain from executing the said warrant and from taking and arresting the said John Fen under and by virtue of the same. And so the jurors aforesaid, upon their oath afore- said, do say, that the said Richard Den, on the 20th day of February aforesaid, at the parish of St. Martin in the Fields aforesaid, in manner and form aforesaid did attempt and endeavor to bribe the said Richard Roe, so being constable as aforesaid, to neglect and omit to do his duty as such constable, and to refrain from taking and arresting the said John Fen under and by virtue of the warrant aforesaid, in contempt of our lord the king and his laws to the evil example of all others, and against the peace of our said lord the king, his crown and dignity. b. To a Sheriff. 4. To Induce Him to Violate His Duty. TEXAS. Form No. 460, (Tex. Code Crim. Proc., 1895, p. 67.) In the name and by the authority of the state of Texas, the grand jury of Bexar county present in the district BRIBERY—GIVING BRIBE. 287 court of said county, that about the tenth day of May, A.D.19....,in Bexar county, Texas,* John Doe did bribe Richard Roe, a sheriff, by paying him ten dollars in money with intent that said Richard Roe should permit William Johnson, a prisoner in his custody, to escape, against the peace and dignity of the state. Foreman of the grand j rye Form No. 461. (White’s Ann. Pen. Code, § 215.) (Precedent from Moore vy. State, 44 Tex. Cr. Rep. 159, 69 S. W. 521.) [Follow Form No. 460 to the *, and add:] That Colum- bus Moore then and there unlawfully, wilfully and cor- ruptly offered a bribe to Tom Jackman, who was then and there the legally qualified deputy sheriff of Hoyes county, Texas, to permit him, the said Columbus Moore, a pris- oner then and there in the lawful custody of said Tom Jackman as deputy sheriff aforesaid, to escape, in this that the said Tom Jackman, as deputy sheriff aforesaid, did then and there have in lawful custody said Columbus Moore, a prisoner, and the said Columbus Moore did then and there unlawfully, wilfully and corruptly offer to give him said Tom Jackman the sum of fifty dollars in money to permit him said Columbus Moore, prisoner as afore- said, to escape from said lawful custody,’’ ete. [Com- plete as in preceding form.] ii. To Induce Resignation That Accused Might Obtain Office. Form No. 462, (Precedent from Reg. v. Mercer, 17 Up. Can. Q. B. 602.) Be it remembered, that the Honourable, John Alexan- der Macdonald, Attorney-General for Upper Canada, who for our lady the Queen prosecuteth in his own proper per- son, cometh here in the court of our said lady the Queen, before the Queen herself, on Monday, the first day of this 288 SPECIFIC CRIMES. present term of Trinity and for our said lady the Queen giveth the court here to understand and be informed, that before and at the time of the committing of the offense hereinafter next mentioned, the office of sheriff of the County of Norfolk, in Upper Canada, was and is an office touching the execution of justice: that one Henry Van Allan Rapelje was.at the time duly appointed and authorized by our sovereign lady the Queen to perform the duties of the said office: that heretofore, to-wit, on the 28th of January, 19.., it was corruptly, and contrary to the form of the statute in such case made and pro- vided, agreed for the consideration next hereinafter men- tioned by and between Lawrence William Mercer, and the said Henry Van Allan Rapelje, that the said Henry Van Allan Rapelje being appointed to, and entitled to hold and enjoy the said office, should surrender, yield up, and resign and relinquish his said office unto our said sovereign lady the Queen, for the intent and purpose that the said Lawrence William Mercer should be appointed to the same, and receive and take for his own use and benefit all the emoluments and reward which should or might arise therefrom: that in consideration thereof, the said Lawrence William Mercer corruptly, and contrary to the form of the statute in such case made and provided, promised and agreed, that upon the resignation as afore- said of the said Henry Van Allan Rapelje of his said office, he, the said Lawrence William Mercer, would pay him, the said Henry Van Allan Rapelje, the sum of £500 of lawful money of Canada, and secure and pay to him, the said Henry Van Allan Rapelje, during the natural life of him, the said Henry Van Allan Rapelje, an annuity or yearly income of £300 of lawful money of Canada. And the said Attoyney-General doth further give the court to understand and be informed, that in pursuance of the said corrupt and unlawful agreement, and in the terms thereof, afterwards, to-wit, on the 28th of January, 19.., the said Henry Van Allan Rapelje, at the special request BRIBERY—GIVING BRIBE. 289 of the said Lawrence William Mercer, did surrender, yield up, and resign and relinquish his said office of sheriff of the County of Norfolk, with intent and purpose that the said Lawrence William Mercer should be appointed to the same: that the said resignation of the said Henry Van Allan Rapelje was afterwards, to-wit, on the second of February, in the ycar last aforesaid, duly accepted by her majesty the Queen: that afterwards, to-wit, on the said second day of February, in the year last aforesaid, the said Lawrence William Mercer, in pur- ssuance of the said corrupt and unlawful agreement, and -by reason of the resignation of the said Henry Van Allan sRapelje consequent on such agreement, but in ignorance thereof by our said lady the Queen, was duly appointed ‘to the said office of sheriff of the County of Norfolk, and authorized to receive the emoluments thereof and reward ‘arising therefrom, to the evil example of all others in the like case offending, against the form of the statute in isuch case made and provided, and against the peace of our lady the Queen, her crown and dignity, whereupon the said Attorney-General, upon behalf of our said lady the Queen, prays the consideration of the court here in the premises, and that due process of law may be awarded against him, the said Lawrence William Mercer, ‘in this behalf to make him answer to our said lady the Queen touching and concerning the premises aforesaid. c. To a Justice of the Peace. CONNECTICUT. Form No. 463. [Commence as in Form No. 17, and add:] The grand ‘jurors, within and for the said county, on their oath pre- sent that John Doe on the 24th day of November, nine- teen hundred and ...., at the city of Hartford, in the said county of Hartford, did wickedly, corruptly and felo- niously offer James Jones, then and there a justice of Crim. Proc. Forms—19 290 SPECIFIC CRIMES. the peace in and for said county, duly qualified and acting as such, the sum of two hundred dollars with intent to bribe the said John Jones and influence his behavior as such justice of the peace in relation to a cause then pend- ing before him the said justice of the peace wherein the said John Doe was plaintiff and Richard Roe, of Hart- ford, in the county aforesaid, was defendant, against the peace and contrary to the form of the statute in such case made and provided. , Dieh seas weaeeeuR , Foreman. ad. To an Arbitrator. WEST VIRGINIA. Form No, 464. (Precedent from State v. Luck, 16 W. Va. 767.) [Commence as in Form No. 67, and add:| The jurors of the State of West Virginia in and for the body of the county of Wyoming, and now attending the said court, upon their oath present: that on the 28th day of January, in the year 19.., a certain cause in which Boyd E. Luck was plaintiff and Drury Halsey was defendant, was pending and undetermined in the county court of said county, and that at the January term of said court, on the 28th day of January, 19.., by agreement of parties, the matters in controversy in said cause were submitted to the arbitration and award of Martin G. Clay, Henry Ellis and Smith Trent, selected and chosen by the ‘parties, and duly qualified according to law to act as such arbi- trators; and that on the 29th day of January, 19.., while the said matters of controversy in said cause were before the said arbitrators the said Boyd E. Luck, in the said county, with the intent to bias the opinion and influence the decision of the said Martin G. Clay, one of the said arbitrators to whom was submitted the matters in con- troversy in said cause, pending as aforesaid, did then and there unlawfully, wilfully and corruptly, promise to BRIBERY—GIVING BRIBE. 291 give, and offer to pay, to him, the said Martin G. Clay as such arbitrator as aforesaid, a certain sum of money, to-wit, the sum of five dollars, as a pecuniary reward to influence and induce him, the said Martin G. Clay, as such arbitrator as aforesaid, to prostitute and betray the duties devolving on him as such arbitrator as aforesaid, by giving his opinion and deciding the said matters in controversy in said cause then pending before said arbi- trators as aforesaid, in favor of the said Boyd E. Luck, against the peace and dignity of the State. Upon the evi- dence of Martin G. Clay, sworn in open court to give testimony before the grand jury. e. To the Mayor of a City. MISSOURI. Form No. 465. (Precedent from State v. Graham, 96 Mo. 122, 8 S. W. 911.) [Commence as in Form No. 36, and add:] The grand jurors for the state of Missouri, empaneled, sworn and charged to inquire within and for the body of the county of Pettis and state of Missouri, upon their oaths, present and charge that heretofore, to-wit, on the first day of June, 19.., at the county of Pettis and state of Missouri, Isaac Graham wickedly, advisedly, corruptly, feloniously and unlawfully did solicit, urge and endeavor to procure John B. Rickman, he, the said John B. Rickman, being then and there the legally and duly elected mayor of the city of Sedalia—a municipal corporation—then and there being and having the power to appoint certain officers of said city, subject to the confirmation of the city council thereof, and, among other officers, one known and desig- nated as engineer of the steam fire engine of the city of Sedalia, being an officer of said city, to appoint him— the said Graham—as such officer, and did unlawfully, wickedly, corruptly and feloniously give the said John B. Rickman, as such mayor, a large sum of money, to-wit, 292 SPECIFIC CRIMES. the sum of twenty-five dollars, the same being then and there a gratuity and reward, with the intent then and there to corruptly influence and induce such officer, as mayor of said city, to give and procure for him, by his act, influence and interest, to-wit, by his official appoint- ment and by his official influence and interest as such mayor, the office and appointment of engineer of the steam fire engine of the city of Sedalia as aforesaid, the office being then and there a place of trust in said city; the said sum so as aforesaid given being feloniously and corruptly given as a bribe, present and reward,.in con- tempt of the laws in such cases made and provided, and to the evil example of others in like cases offending, and against the peace and dignity of the state. eee eee re ene eer eso eee ees 9 Prosecuting Attorney for the County of Pettis. f. To an Alderman. KENTUCKY. Form No. 466, (Precedent from Com. v. Root, 96 Ky. 534, 29 S. W. 351.) [Follow Form No. 27 to the charging part, and add:] The said O. C. Root, in said county of Jefferson, at the election then and there about to be held under the Con- stitution and laws of Kentucky, in which election the office of president of the board of councilmen of the city of Louisville was to be held, and was held, and candi- dates for said office were to be voted for, and were voted for, and at which said election L. T. Davidson and C. L. Nelson, were candidates for said office, did then and there unlawfully, willfully and corruptly promise and agree and offer to one Edward Garvey the sum of two hundred dollars, and a place on the police force of the city of Louisville, if his brother J. J. Garvey, who was then a councilman for the tenth ward of said city and entitled to vote on the matter aforesaid, would vote for C. L. Nelson, BRIBERY—GIVING BRIBE, 293 for said office aforesaid, which said promise, offer and proposition were conveyed to said J. J. Garvey by the said Ed. Garvey, and which said promise, agreement and offer was intended unlawfully and willfully and corruptly, to influence and did influence and control the said Garvey in his vote in said election, and then and there to bribe him to do the same, against the peace and dignity of the commonwealth of Kentucky. NEW YORE. Form No. 467, (Precedent from People v. Sharp, 5 N. Y. Cr. Rep. 391.) [Follow Form No. 46 to charging part, and add:| Here- tofore, to-wit: on the thirtieth day of August, in the year of our Lord one thousand nine hundred and ...., at the city of New York in the county of New York, aforesaid, a certain petition and application of the Broadway Sur- face Railroad Company, a corporation duly organized and incorporated under and by virtue of the Laws of the State of New York, before then duly made and pre- sented to the Common Council of the city of New York, praying and making application to the said Common Council for its consent and permission to construct, main- tain, operate and use a street surface railroad for public use in the conveyance of persons and property in cars upon and along the surface of certain streets, avenues and highways in the said city, together with the necessary connections, switches, turnouts, turntables, sidings and suitable stands for the convenient working of the said road, was duly pending before and under the considera- ‘tion of the said common council. And the said petition and application having been so as aforesaid made and presented to the said common council, and being so pend- ing and under its consideration as aforesaid, the said Jacob Sharp, James A. Richmond, James W. Foshay, John Keenan, Robert E. DeLacey and William H. Malo- 294 SPECIFIC CRIMES. ney, all late of the city and county of New York aforesaid, well knowing the premises afterwards, to-wit: on the said thirtieth day of August, in the year aforesaid, and whilst the said petition and application was yet pending before and under the consideration of the said common council, at the city and county aforesaid, with force and arms, unlawfully, wickedly and corruptly, did feloniously give and offer, and cause to be given and offered, to one Ludolph A. Fullgraff, who was then and there a public officer, and a person executing the functions of a public officer, to-wit, an alderman and member of the board of aldermen of the city of New York, and as such being then and there a member of the common council afore- said, the sum of twenty thousand dollars in money and a promise and agreement therefor, with intent in so doing to influence him, the said Ludolph A. Fullgraff, in respect, to his acts, vote and proceeding, in the exercise of his powers and functions as such member of the common council aforesaid, upon and concerning the said petition and application of the said Broadway Surface Railroad Company, so pending before and under the consideration of the said common council as aforesaid, so that the acts, vote and proceeding of the said Ludolph A. Fullgraff as such member of the common council aforesaid, upon and concerning the said petition and application, should be in favor of the granting and giving by the said common council of the consent and permission so as aforesaid in and by the said petition and application prayed and applied for; against the form of the statute in such case made and provided, and against the peace of the people of the state of New York and their dignity. District Attorney of the County of New York, BRIBERY—GIVING BRIBE, 295 g. To a Member of the Board of Supervisors. CALIFORNIA, (Kerr’s Pen, Code, 1915. § 165.) Form No. 468. (Precedent the indictment filed in People v. Glass, 158 Cal. 650, 112 Pac. 281.)1 [Commence as in Form No. 18, and add:| Louis Glass is accused by the grand jury of the said City and county of San Francisco, State of California, by this indictment of the crime of felony, to-wit: Giving a bribe, committed as follows: That on the 15th day of March, A. D. 19.., one Thomas F. Lonergan was, and at all times herein mentioned has been, a duly elected, qualified and acting member of the Board of Supervisors of said city and county of San Francisco, state of California; that there was then and there pending before said Board of Super- visors a matter and subject relating to a franchise for constructing, maintaining and operating a telephone sys- tem in the said City and County of San Francisco, and on application made June 12th, 19.., by the Home Tele- phone Company of San Francisco, a corporation, for such franchise, and a Bill and Ordinance relating to the same, which said Ordinance was on the 1st day of October, 19. ., passed and adopted by the said Board of Supervisors, and was entitled an ordinance ‘‘Granting to the Home Telephone Company of San Francisco a franchise to con- struct, maintain and operate a telephone system in the City and County of San Francisco, and to construct, maintain and operate through, along, under and in the. public streets, alleys and highways of said City and County, poles, wires, cables, under-ground conduits and other appliances for the purpose of transmitting sound, signals and conversation by means of electricity or other- wise’’; that on the said 15th day of March A. D. 19.., 1 This form is one drawn by the Hon. Francis J. Heney in the famous San Francisco graft prosecution cases, 296 SPECIFIC CRIMES. at the said City and County of San Francisco, State of California, and while the said matter and subject was pending before said Board of Supervisors, the said Louis Glass did wilfully, unlawfully, feloniously and corruptly give to said Thomas F. Lonergan, while the said Loner- gan was such member of the said Board of Supervisors, a bribe, to-wit: The sum of five thousand ($5,000) dol- lars, in lawful money of the United States of America, as a bribe, with the wilful, unlawful, felonious and corrupt intent in him, the said Louis Glass, to corruptly influence said Thomas F. Lonergan as such member of said Board of Supervisors, in his action, and in his official vote, opinion, judgment and action, as such member of said Board of Supervisors, in and upon the aforesaid matter and subject then pending before said Board of Super- visors as aforesaid, and which was afterwards to be considered, and was considered by said Board of Super- visors, contrary [closing as in Form No. 13}. h. To a Member of the Legislature. FLORIDA. Form No. 469, (Precedent from State v. Pearce, 14 Fla. 160.) [Commence as in Form No. 20, and add:] The jurors of the State of Florida, in and for the body of the county of Leon, upon their oaths present: That Charles H. Pearce, colored, a minister of the gospel, and a Senator representing the Eighth District in the Senate of the State of Florida, and late of the county of Leon afore- said, in the Circuit and State aforesaid, on the fourth day of February, in the year of our Lord one thousand nine hundred and ...., with force and arms at and in the county of Leon aforesaid, in the Circuit and State afore- said, during the pendency before the house Assembly of the State of Florida, at its regular session of 19.., of a certain resolution to impeach one Harrison Reed, BRIBERY—GIVING BRIBE. 297 Governor of the State of Florida, of high crimes and mis- demeanors, with the purpose and intent of fraudulently and feloniously influencing the act and vote of Frederick Hill, a member of said house of Assembly, and represent- ing the county of Gadsden as one of the representatives thereof, and to fraudulently induce the said Frederick Hill, in his official capacity as a member of said house of Assembly, to vote against said resolution of impeach- ment, did then and there corruptly offer and promise to the said Frederick Hill, member as aforesaid, the sum of five hundred dollars, contrary to the form [concluding as in Form No, 20). NEBRASKA. Form No. 470. [Commence as in Form No. 39, and add:] At the Feb- ruary term of the district court of the fourth judicial district of the state of Nebraska, within and for Gage county, in said state, in the year of our Lord one thousand nine hundred and ...., the grand jurors, chosen, selected and sworn in and for the county of Gage, in the name and by the authority of the state of Nebraska, upon their oaths present that William Johnson, late of the county aforesaid, on the fourth day of February, A. D. 19.., was a member of the legislative assembly of the state of Nebraska, to-wit, of the house of representatives of the state of Nebraska, duly elected, qualified and sworn according to law, to perform the duties of the said office. And the grand jurors further present that on the day and year aforesaid, at Beatrice, in the county of Gage, one Richard Roe fraudulently, feloniously and corruptly did bribe the said William Johnson, by giving him the sum of two hundred dollars in money with the intent then and there to induce and influence him, the said Wil- liam Johnson, to give his vote, opinion and judgment in favor of a joint resolution, appropriating money for pub- 298 SPECIFIC CRIMES. lie printing, entitled ‘‘a joint resolution to make appro- priations for expenses of printing during the session of 19..,’’ a question which was and might be by law brought. before him, the said William Johnson, as. such member of the house of representatives, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Nebraska. t To a Milk Inspector. MASSACHUSETTS, Form No. 471, (Precedent from Com. v. Lapham, 156 Mass. 481, 31 N. B. 638.) [Commence as in Form No. 81, and add:] The jurors for the commonwealth of Massachusetts upon their oath present that on the thirty-first day of January, in the year of our Lord one thousand nine hundred and ...., at Lowell, in said county, Thomas O. Allen, a milk inspector duly appointed by the mayor and board of alder- men of the city of Lowell, qualified and acting as such, took certain specimens of milk, then and there being in the custody and possession of one Nathan B. Lapham, hereinafter named, with intent then and there of him, the said Nathan B. Lapham, to sell and exchange the same; and thereafterwards, to-wit, on the day and year last mentioned, the said Thomas O. Allen, then and there being such inspector of milk as aforesaid, in the further performance and discharge of his duty as such inspector of milk, caused said specimens of milk so as aforesaid taken, being then and there in the custody and possession of the said Nathan B. Lapham, with the intent then and there of him, the said Nathan B. Lapham, to sell and exchange the same as aforesaid, to be analyzed or other- wise satisfactorily tested; ...... that the said analysis and test showed that the said specimens of milk, so as BRIBERY—GIVING BRIBE, 299 aforesaid taken by the said Thomas O. Allen, being then and there in the custody and possession of the said Nathan B. Lapham, with the intent then and there of him, the said Nathan B. Lapham, to sell and exchange the same as aforesaid, were not of good standard quality, in vio- lation of the laws as aforesaid then and there in force in relation to the inspection and sale of milk; and there- upon it became the further duty of the said Thomas O. Allen, as such inspector of milk, to record the result of said analysis and test, so as aforesaid made, and preserve the result of said analysis and test as evidence, and to institute a complaint for such violation as aforesaid of the provisions of the law as aforesaid in respect to the inspection and sale of milk then and there in force in said Commonwealth; and that the defendant unlawfully, wickedly, and corruptly devising, contriving, and intend- ing to tempt, seduce, bribe, and corrupt the said Thomas O. Allen, then and there being an inspector of milk as aforesaid in, of, and for said city of Lowell, duly appointed and qualified as such, and as such engaged then and there.in inquiring into the quality and kinds of milk sold and exchanged, and the manner and methods of the sale and exchange of milk then and there being made in said city of Lowell, to prostitute and abuse his, the said Thomas O. Allen’s trust, and to violate his, the said Thomas O. Allen’s duty, as such inspector of milk as aforesaid, towards the good people of this common- wealth in the aforesaid matters and other matters which might and would properly come before him, the said Thomas O. Allen, as such inspector of milk as aforesaid, he, the said Nathan B. Lapham, on the said thirty-first day of January, in the year of our Lord one thousand nine hundred and ...., at Lowell aforesaid, in the county of Middlesex aforesaid, did wickedly, wilfully, unlawfully, and corruptly offer and give to the said Thomas O. Allen, then and there being an inspector of milk as aforesaid, a large sum of money, to-wit, the sum of two hundred 300 SPECIFIC CRIMES. and fifty dollars, with intent thereby then and there wick- edly, wilfully, unlawfully, and corruptly to influence and act, opinion, decision, and judgment of him the said Thomas OQ. Allen, as such inspector of milk, in the dis- charge and performance of his duties as such inspector of milk, in favor of the said Nathan B. Lapham, against the peace of said commonwealth and contrary to the form of the statute in such case made and provided. i 9 District Attorney. j. To a Member of a State Board of Education. WASHINGTON. Form No. 472. (Precedent from State v. Womack, 4 Wash. 20, 29 Pac. 939.) [Commence as in Form No. 66, and add:] J. W. Wo- mack, R. L. Edwards, M. C. Sullivan and C. O. Eames are accused by the grand jury of the State of Washington, for the County of Thurston, by this indictment, of the crime of attempting to bribe a member of the state board of education of the State of Washington, committed as follows: That heretofore, to-wit, on the 9th day of June, 19.., in said Thurston County, State of Washington, L. H. Leach was duly appointed, qualified and acting member of the State board of education for the State of Wash- ington, and was then and there engaged with the said. board of education in holding the first regular meeting in June, 19.., of said board of education in the capital of said state, to-wit, Olympia, Thurston County, State of Washington; and said L. H. Leach, as a member of and with said board of education, then and there had under consideration and for the action of said board of educa- tion the adoption of a uniform series of text books for the use of the common schools, including graded schools throughout said state; and that J. W. Womack, R. L. BRIBERY—GIVING BRIBE. 301 Edwards, M. C. Sullivan, C. O. Eames then and there, well knowing the premises, did then and there unlawfully, wickedly and corruptly contrive and conspire together to tempt, seduce, bribe and corrupt said L. H. Leach, so being then and there engaged in his said official duties with said board of education in adopting a uniform series of text books for the use of the common schools, including graded common schools, throughout said state, to prosti- tute, abuse and unlawfully betray his said trust and vio- late his duty as a member of said board of education, to act in his said official capacity with partiality and favor, by then and there offering to pay said L. H. Leach five thousand dollars; all of which said J. W. Womack, R. L. Edwards, M. C. Sullivan and C. 0. Hames then and there did and performed to unlawfully and corruptly induce, influence and bribe said L. H. Leach, in his said capacity and character as member of said board of education, cor- ruptly and unlawfully to exercise and perform the duty so vested in him as such member of said board, with partiality and favor by then and there moving and voting for a resolution reconsidering a vote theretofore had by said board, by which certain text books had been adopted by said board, to-wit, Wentworth’s arithmetics and Franklin Readers, and to move and vote for a resolution adopting by said board certain other text books, to-wit, Barnes’ readers and White’s or Robinson’s arithmetics ; which latter books said J. W. Womack, R. L. Edwards, M. C. Sullivan and C. O. Hames were then and there inter- ested in procuring said board of education to adopt as text books for the use of the common schools, including graded common schools, throughout said state. Dated at Olympia, in the county aforesaid, the ...... day of ...... pA Di 19555 ; Prosecuting Attorney: 302 SPECIFIC CRIMES. k. Lo a Member of a Local Board of Education. KANSAS. Form No. 473. (Precedent from In re Bozeman, 42 Kan. 452, 22 Pac. 628.) [Title and venue, and add:] I, BR. W. Griggs, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court to understand and be informed that on the 20th day of August, 19.., in said county of Meade and state of Kansas, one T. S. Bozeman did then and there unlawfully, and feloniously and cor- ruptly offer to bribe an officer; for that one George W. Ragon was then and there a member of the school board of School District No. 4, in Eden township, Meade county, Kansas, and being then and there the duly elected, quali- fied and acting treasurer of said board and being then and there a duly elected and qualified member of said board; that the defendant, T. S. Bozeman, then and there ‘unlawfully, feloniously and corruptly contriving and intending to induce the said George W. Ragon, as such treasurer, and as such member of said board of said school district, to betray the duties of his said office of treasurer, and as such member of said school board; and the said T. S. Bozeman then and there unlawfully, felo- niously and corruptly contriving and intending to induce the said school board to betray the duties of its organi- zation, did then and there offer to the said George W. Ragon, and to him as such treasurer and as a member of said school board, and for the purpose of defrauding said district, that he, the said T. S. Bozeman, would pay to him, the said George W. Ragon, the sum of twenty- five dollars as a bribe and pecuniary reward to influence him, the said George W. Ragon, and as such officer and member of said school board, and to influence and induce said board to permit him, the said T. 8S. Bozeman, to put lightning-rods upon the school building in said school | BRIBERY—GIVING BRIBE. 303 district at the price of sixty-seven and one-half cents per lineal foot, and to induce in payment therefor the issuance of school orders of said school district by said school board; contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Kansas. R. W. Griggs, County Attorney. l. To Electors. 4. At a General Election, KENTUCKY. Form No. 474, [Commence as in Form No. 27, and add:] The grand jury of Franklin county, in the name and by the authority of the Commonwealth of Kentucky, accuse John Doe of the offense of bribery, committed as follows, viz: The said John Doe, on the third day of November, in the county aforesaid, and against the peace and dignity of the Commonwealth of Kentucky, bribed Richard Roe to vote at the November elections in the year 19.., with money and property to the value of five dollars, and for said bribe he did vote for J. C. S. Blackburn for Gov- ernor of Kentucky, against the peace and dignity of the Commonwealth of Kentucky. Form No. 475. (Precedent from Com. v. Stephenson, 60 Ky., 3 Met., 226.) [Commence as in Form No. 27, and add:] The grand” jury of Carter county, in the name and by the authority§ of the Commonwealth of Kentucky, accuse Lemuel Ste- phenson of the offense of bribery, committed as follows, to-wit: Said Lemuel Stephenson, on the Ist day of August, 19.., in the county and circuit aforesaid, bribed Robert Clarke to vote at the August election, 19.., with money and property of value of $5, and for said bribe he 804 SPECIFIC CRIMES. did vote for J. E. Bell for governor of Ky., A. Allen for lieut. governor of Ky., T. S. Page for auditor of Ky., and L. T. Moore for congress, against the peace and dignity of the Commonwealth of Kentucky. NEW YORK. Form No. 476. (Precedent from People v. Smith, 6 N. Y. Cr. Rep. 470.) [Follow Form No. 46 to charging part, and add:| Here- tofore, to-wit, on Tuesday the 6th day of November, in the year of our Lord nineteen hundred and ...., the same being the Tuesday succeeding the first Monday in the said month of November, there was held a general election throughout the State of New York and in the said city and county of New York, and on the day and in the year aforesaid, and at the said election the said Charles Smith, Charles Jackson, Edward Butler, and Morris Isaacs, all late of the said city and county afore- said, did then and there feloniously by bribery and reward, by offer and promise thereof unlawfully and directly influence and cause and procure to be directly influenced a certain man whose name to the grand jury aforesaid is unknown, then being an elector of the Twelfth Election District, and of the Eighth Assembly District of the said city and county, said elector to give his vote at the said election, to-wit, by then and there feloniously, unlawfully giving and offering and promising to give and cause and procure to be offered and promised to be given to the said elector a certain sum of money to the grand jury aforesaid unknown as a bribe and reward, thereby influencing the said elector to give his vote at the said election by reason and by means whereof the said elector was then and there influenced as aforesaid, and did then and there give his vote in the said election under such influence and in accordance therewith. District Attorney of the County of New York BRIBERY—GIVING BRIBE. 305 i. At a Local Election, MAINE. Form No. 477. (Precedent from State v. Jackson, 17 Maine 91, 40 Am. Rep. 342.) State of Maine. Knox, ss. At the Supreme Judicial Court, begun and holden at Rockland, within and for the county of Knox, on the second Tuesday of March, in the year of our Lord, one thousand nine hundred and .... The jurors for said State, upon their oath present, that a meeting of the inhabitants qualified to vote, of ward one, in Rockland, in the county of Knox, for the election of one alderman, and three common councilmen, on the eighth day of March in the year of our Lord, one thousand nine hundred and ...., at said Rockland, was then and there duly holden. And the jurors aforesaid, upon their oath aforesaid, do further present, that one Augustus Montgomery, was then and there a qualified voter in this State, to-wit, in ward one, in said Rockland, in the county aforesaid. And the jurors aforesaid, upon their oath aforesaid, do further present, that Charles A. Jackson, of Rockland, in said county of Knox, did then and there at said election unlawfully, and wilfully attempt to influence the said Augustus Montgomery, so being a qualified voter in this State as aforesaid, to give his, the said Augustus Mont- gomery’s ballot, in said election then and there duly holden, by then and there offering and paying him, the said Augustus Montgomery, the sum of two dollars in law- ful money, against the peace of said State. A true bill. (uta re ce menage , Foreman, pro tem. , County Attorney. Hite oe Raia Was PON Aa) AO Ts ral Crim. Proc. Forms—20 306 SPECIFIC CRIMES. m. To a Witness. MISSOURI. Form No. 478. (Precedent in State v. Biebusch, 30 Mo. 278.) [Commence as in Form No. 36, and add:] The grand jurors for the state of Missouri, impaneled, sworn and charged to inquire within and for the body of the county of St. Louis and state aforesaid, upon their oath present and charge that Fred. Biebusch, unlawfully and cor- ruptly did, directly and indirectly, attempt, by bribing, to induce one William M. Polk to absent himself for the purpose of avoiding giving evidence in a certain cause, matter and proceeding, then duly pending before Philip McDonald, one of the justices of the peace of the county of St. Louis, in and for the ninth ward of the city of St. Louis, in said county, wherein the State of Missouri then was the plaintiff, and he, the said Fred. Biebusch, then -was the defendant; wherein the said Fred. Biebusch then stood charged with a certain felony, to-wit, forgery in the second degree, and in which said cause, matter and proceeding, he, the said William M. Polk, then was a witness for and in behalf of the State of Missouri, and against him, the said Fred. Biebusch, and of which said cause, matter and proceeding, he, the said Philip McDon- ald, justice of the peace as aforesaid, then and there had competent jurisdiction for the preliminary examination thereof. And so the grand jurors aforesaid, upon their oath aforesaid, do say that he, the said Fred. Biebusch, then and there, well knowing him, the said William M. Polk, to be a witness for and in behalf of the State of Missouri, in the cause, matter and proceeding aforesaid, then pending before Philip McDonald, justice of the peace as aforesaid, unlawfully and corruptly did, directly and indirectly, attempt, by bribery, to induce him, the said William M. Polk, witness as aforesaid, to absent himself for the purpose of avoiding giving evidence in the cause, BRIBERY—GIVING BRIBE. 307 matter and proceeding aforesaid, against him, the said Fred. Biebusch, against the peace and dignity of the state. Prosecuting Attorney of the County of St. Loniy: NEBRASKA. Form No. 479. (Precedent from Chrisman v. State, 18 Neb. 108, 24 N. W. 434.) [Follow Form No. 39 to charging part, and add:] That Joseph Chrisman ..... .... being then and there charged with a criminal offense and duly indicted under lawful authority by the grand jury of said county, of the Decem- ber term of the district court of said county, in the year nineteen hundred and ...., for the crime of cutting one C. R. Woodard, with intent to kill him, the said C. R. Woodard, in the county of Gage, and state of Nebraska aforesaid, and he, the said Joseph Chrisman, being then and there held to bail under said charge to appear at the February term of the said district court aforesaid, the said court having jurisdiction of the said offense, unlaw- fully did then and there attempt to corrupt and influence, and did corrupt and influence one C. R. Woodard and then and there being, by offering to and paying to him, the said C. R. Woodard, the sum of fifty dollars, with the further offer and promise to the said C. R. Woodard, of the further sum of money of five hundred and twenty-: five dollars to corruptly and unlawfully influence and: procure him, the said C. R. Woodard, to leave the said: county of Gage and state aforesaid, and go beyond the jurisdiction and process of said district court and secrete himself so that the said C. R. Woodard could not be obtained as a witness on the part of the state of Nebraska in the said action aforesaid against the said Joseph Chrisman aforesaid, the said C. R. Woodard being then and there a very important witness in said action, and in fact the prosecuting witness in the said cause so pend- 308 SPECIFIC CRIMES. ing as aforesaid against the said Joseph Chrisman. And so the grand jurors aforesaid do say that the said Joseph Chrisman then and there in the manner and form afore- said, unlawfully and willfully did attempt to influence and did influence and corrupt the said C. R. Woodard, a witness as aforesaid, by money and promises as afore- said, well knowing that the said C. R. Woodard was a witness as aforesaid, contrary [concluding as in Form No. 89]. . n. To a Customs Officer. Form No. 480. (Precedent from 3 Chit. Cr. L., p. 695.) Michaelmas Term, in...... year of the Reign of King George the Seventh. Middlesex (to-wit). Be it remembered that Charles Bauman, Esquire, attorney general of our sovereign lord and now king, who for our said lord, the king, presenteth in this behalf, in his proper person comes here into the court of our said lord the king, before the king himself, at Westminster, in the county of Middlesex, on ...... next after ...... , in this same term, and for our said lord the king, gives the court here to understand and be informed that heretofore, to-wit, on the 20th day of Octo- ber, nineteen hundred and ...., at Saint Paul, Covent Garden, in the county of Middlesex, John Doe and Rich- ard Roe, being then and there officers of the customs of our said lord the king, did in due manner take and seize as forfeited certain goods and merchandise, to-wit, divers rugs and draperies, which said goods and merchandise might then and there lawfully be seized by the said John Doe and Richard Roe as such officers as aforesaid, and were then and there proceeding to secure the same as for- feited as aforesaid; and the said attorney general further charges that James Jones, late of, etc., linen draper, well knowing the premises, but having no regard for the laws and statutes of this realm, nor for the penalties and for- BRIBERY—GIVING BRIBE. 309 feitures therein and thereby mentioned and provided, and unlawfully devising, contriving and intending to cheat and defraud our said lord the king in his said revenue of the customs, afterwards and whilst the said goods and merchandise remained in the custody and possession of the said John Doe and Richard Roe as such officers as aforesaid, that is to say, on the said 20th day of October, nineteen hundred and ...., at etc., did unlawfully and corruptly offer to the said John Doe and Richard Roe, being then and there such officers of the customs as afore- said, a bribe, recompense, and reward, of a sum of money, to-wit, the sum of £500, for them, the said John Doe and Richard Roe, unlawfully, unjustly, and contrary to the duties of their said several and respective offices, to quit, relinquish and give up the possession of the said goods and merchandise so seized as aforesaid, in order that the same might not be secured as forfeited as aforesaid, whereby our said lord the king might and would be then and.there defrauded in his said revenue of the customs, in contempt of our said lord the king and his laws, to the evil and pernicious example of all others, and against the peace of our said lord the king, his crown and dignity, and also against the form of the statute in such case made and provided. By reason whereof, and by force of the same statute, he, the said James Jones, hath forfeited and lost the sum of £50, of lawful money of the realm. And the said attorney general of, etc., that heretofore, to-wit, on the said 20th day of October, nineteen hundred and ...., in Saint Paul, Covent Garden, in the county of Middlesex aforesaid, the said John Doe and Richard Roe, being then and there such officers of the customs of our said lord the king as aforesaid, did in due manner, take and seize as forfeited certain other goods and merchan- dise, to-wit, divers other rugs and draperies, which said last mentioned rugs and draperies might then and there lawfully be seized by the said John Doe-and Richard Roe, as such officers as aforesaid, and were then and 310 SPECIFIC CRIMES. there proceeding to secure the same as forfeited as afore- said. And the said attorney-general of, etc., further says, that the said James Jones, well knowing the premises, ’ but having no regard for the laws and statutes of this realm, nor for the penalties and forfeitures therein and thereby mentioned and provided, and unlawfully contriv- ing, devising and intending to cheat and defraud our said lord the king, in his said revenue of the customs, after- wards, and whilst the said last mentioned goods and mer- chandise remained in the custody and possession of the said John Doe and Richard Roe, as such officers as afore- said, that is to say, on the said 20th day of October, nine- teen hundred and ...., in Saint Paul, Covent Garden, aforesaid, did unlawfully and corruptly offer to the said Richard Roe, being then and there such officer of the customs as aforesaid, a bribe, recompense, and reward of a sum of money, to-wit, the sum of £500, for the use of himself, the said Richard Roe, and of the said John Doe, for them then, the said Richard Roe and John Doe, unlaw- fully, unjustly, and contrary to the duty of their said several and respective offices, to quit, relinquish and give up the possession of the said last mentioned goods and merchandise so seized as aforesaid, in order that the same might not be secured as forfeited as aforesaid, whereby our said lord the king might and would be then and there defrauded of his said revenue of the customs in contempt [concluding as in first count. Third count against Rich- ard Roe alone and conclusion]. 2. ACCEPTING A BRIBE. a. In General. ILLINOIS. Form No, 481. [Commence as in Form No. 23, and add:] The grand jurors, chosen, selected and sworn in and for the county of Cook, in the name and by the authority of the people BRIBERY—ACCEPTING BRIBE. 311 of the state of Illinois, upon their oaths present* that on the 5th day of December, A. D. 19.., at the city of Chicago, in the county and state aforesaid, William John- son being then and there a member of the common council of the city of Chicago, duly elected and serving as such, did then and there unlawfully, feloniously, corruptly and wickedly accept and receive, as a bribe and pecuniary reward from one Richard Gore, a large sum of money, to-wit, $2,500, of the value of $2,500, under an agreement and understanding that the vote, opinion, judgment, and action of him, the said William Johnson, should be influ- enced thereby and should be given in favor of a resolution to appropriate certain money for the purchase from said Richard Gore, by the said city of Chicago, of certain real estate, entitled, ‘‘A resolution to appropriate $123,- 000 for the purchase of certain real property [here should be inserted a description of the property] whereon to erect a City Hall,’’ a question which was and might be by law brought before him, the said William Johnson, as such member of the common council, and it being the duty of said common council to purchase real estate for said city, whereon to erect a city hall, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the same people of the state of Hinots; ee tee SURE REO Sew P State’s Attorney. b. By a Justice of the Peace. ARKANSAS. Form No. 482. (Precedent from Watson v. State, 29 Ark. 300.) [Venue.] I, Carter R. McClellan, do solemnly swear that William TANT Berl? oS praca McHaney whose Christian name is to affant unknown did, on or about the 13th day of March, 312 SPECIFIC CRIMES. 19.., in the county and state aforesaid, feloniously steal, take and carry away one cow worth thirty-five dollars, the property of Samuel Crawford, and that one Orrin Watson, who was then and there a duly qualified and act- ing justice of the peace in and for said county and state, upon affidavit being made before him, the said Watson, by the said Crawford, issued a warrant for the said Tall and McHaney, who were on said day brought before the said Watson, who, upon an examination of said charge, found that there was probable cause to believe that they had committed the crime with which they were charged; and affiant further says, that the said Watson, then and there well knowing the said crime to have been committed, but contriving and intending unlawfully to prevent the due course of law and justice in that behalf, and to cause and produce the said Tall and the said McHaney for the Felony aforesaid to escape with impunity, afterwards, to-wit, on the day and year aforesaid, in the county and state aforesaid, unlawfully and for wicked gain’s sake, did compound the said felony with the said Tall and McHaney, and did then and there exact, take and receive and have of the said Tall and McHaney two horses, for and as a reward for compounding the said felony and desisting from all further prosecution against the said Y'all and McHaney or either of them, for the felony afore- said; and that the said Orrin Watson, justice etc., as aforesaid, on the day and year aforesaid, in the county and state aforesaid did thereupon desist, and from that time hitherto hath desisted from all further prosecution of the said Tall and McHaney for the felony aforesaid. Wherefore, affiant prays that the said Orrin Watson may be apprehended and dealt with according to law. Sworn to and subscribed before me this 20th day of August, 19.. savadteteeiege eueey oo BRIBERY—ACCEPTING BRIBE, 313 c. By a Police Officer. MAINE, Form No, 483. (Precedent from State v. Miles, 89 Me. 143.) [Caption as in Form No. 477, and add:] The grand jurors for said state upon their oath present that Dana H. Miles of Portland, in the County of Cumberland, on the fourth day of June, in the year of our Lord one thou- sand nine hundred and ...., at said Portland, was a police officer of said Portland, duly and legally appointed and authorized to discharge the duties of that office; that as such officer, it was then and there the duty of' said Dana H. Miles to arrest one John Murphy, the younger of that name, who was then and there, on said fourth day of June, unlawfully concerned in a certain lottery, scheme and device of chance not authorized by law in said state, by then and there having in his possession with intent to sell and dispose of the same, certain certificates, tickets, shares and interests in said lottery, scheme and device of chance, as he, the said Dana H. Miles, then and there well knew; nevertheless, the said Dana H. Miles, not regarding the duties of his office as aforesaid, but per- verting the trust reposed in him, and contriving and intending the citizens of this state for the private gain of him, the said Dana H. Miles, to oppress and impoverish and the due execution of justice as much as in him lay to hinder, obstruct and destroy, on said fourth day of June, in said Portland, under color of his said office as a police officer as aforesaid, a certain sum of money, to-wit, the sum of five dollars, for not arresting said John Murphy, the younger of that name, and for not interfering with said John Murphy, the younger of that name, in the prosecution of said business of being unlawfully con- cerned in a certain lottery, scheme and device of chance not authorized by law in said state as aforesaid, the said Dana H. Miles from the said John Murphy, the younger 314 SPECIFIC CRIMES. of that name, unlawfully, unjustly and extorsively did accept, receive and have, against the duties of his said ’ office, to the great hindrance of justice and against the peace of said state. [The second count alleged the same offense to have been committed on the eleventh day of the same month. ] (Third Count.) ........ that said Dana H. Miles after- wards, to-wit, on the tenth day of June, in the year of our Lord one thousand nine hundred and ...., at said Portland, was an officer having power to serve criminal process within said Portland, to-wit, a police officer of said Portland, duly and legally appointed and authorized to discharge the duties of that office; that by virtue of his authority as such police officer, he then and there seized in a certain tenement situated on the northerly side of Fore Street, so-called, in said Portland, certain intoxi- cating liquors, a more particular description of which said intoxicating liquors is to the grand jurors unknown, which said intoxicating liquors were then and there kept and deposited in said tenement and intended for illegal sale in said state, by one Lewis Levi, as he, the said Dana H. Miles, then and there well knew; that it was then and there the duty of said Dana H. Miles as such officer, to institute proceedings against said Lewis Levi for having violated as aforesaid, the laws relative to the illegal sale and the illegal keeping of intoxicating liquors; neverthe- less, the said Dana H. Miles, not regarding the duties of his office as aforesaid, but perverting the trust reposed in him, and contriving and intending the citizens of this state for the private gain of him, the said Dana H. Miles, to oppress and impoverish and the due execution of jus- tice as much as in him lay to hinder, obstruct and destroy, on said tenth day of June, at said Portland, under color of his said office as aforesaid, a certain sum of money, to-wit, the sum of ten dollars, for not instituting proceed- ings against him, the said Lewis Levi, for having violated BRIBERY—ACCEPTING BRIBE. 315 the laws against the illegal sale and the illegal keeping of intoxicating liquors as aforesaid, he, the said Dana H. Miles, from the said Lewis Levi, did then and there unlawfully, unjustly and extorsively accept, receive and have, against the duties of his said office, to the great hindrance of justice and against the peace of said state. (Fourth Count.) ...... that said Dana H. Miles after- wards, to-wit, on the fourteenth day of July, in the year of our Lord one thousand nine hundred and ...., at said Portland, was an officer having power to serve criminal process within said Portland, to-wit, a police officer of said Portland, duly and legally appointed and authorized to discharge the duties of that office; that he, the said Dana H. Miles, did then and there on said fourteenth day of July, find in a certain tenement situated on the north- erly side of Federal Street, so-called, in said Portland, certain intoxicating liquors, a more particular descrip- tion of which said intoxicating liquors is to the grand jurors unknown, which said intoxicating liquors were then and there kept and deposited in said tenement and intended for illegal sale in said state; that it was then and there the duty of said Dana H. Miles as such police officer, to endeavor to ascertain the owner and keeper of said intoxicating liquors so then and there kept and deposited as aforesaid, and to further endeavor to ascer- tain the person or persons intending to unlawfully sell such intoxicating liquors so then and there kept and deposited as aforesaid, and it was then and there the duty of said Dana H. Miles as such police officer to insti- tute proceedings against the owner and keeper of said intoxicating liquors so then and there kept and deposited as aforesaid, and it was then and there the duty of said Dana H. Miles as such police officer to institute proceed- ings against the person or persons intending to unlaw- fully sell such intoxicating liquors so then and there kept and deposited as aforesaid; nevertheless, the said Dana H. Miles, not regarding the duties of his office as afore- 316 SPECIFIC CRIMES. said, but perverting the trust reposed.in him and contriv- ing and intending the citizens of this state for the private gain of him, the said Dana H. Miles to oppress and impov- erish and the due execution of justice as much as in him lay to hinder, obstruct and destroy, on said fourteenth day of July, at said Portland, under color of his said office as a police officer as aforesaid, a certain sum of money, to-wit, the sum of twenty-five dollars, for not endeavoring to ascertain the owner and keeper of said intoxicating liquors so then and there kept and deposited as aforesaid, and for not endeavoring to ascertain the person or persons intending to unlawfully sell said intox- icating liquors so then and there kept and deposited as aforesaid, and for not instituting proceedings against the owner and keeper of said intoxicating liquors so then and there kept and deposited as aforesaid, and for not then and there instituting proceedings against the person or persons intending to unlawfully sell such intoxicating liquors so then and there kept and deposited as aforesaid, the said Dana H. Miles from one William H. Lord did unlawfully, unjustly and extorsively accept, receive and have, against the duties of his said office, to the great hindrance of justice and against the peace of said state. (Fifth Count.) ...... that said Dana H. Miles after- wards, to-wit, on the twenty-seventh day of September, in the year of our Lord one thousand nine hundred and ...-, was an officer having power to serve criminal process within said Portland, to-wit, a police officer of said Portland, duly and legally appointed and authorized to discharge the duties of that office; that by virtue of his authority as such police officer, he then and there seized in a certain tenement situated on the easterly side of Monument Square, so-called, in said Portland, certain intoxicating liquors, a more particular description of which said intoxicating liquors is to the grand jurors unknown, which said intoxicating liquors were then and there kept and deposited and intended for unlawful sale BRIBERY—ACCEPTING BRIBE, 317 within said state by one Henry A. Harding, as he, the said Dana H. Miles, then and there well knew; that it was then and there the duty of said Dana H. Miles as such offi- cer, to institute proceedings against said Henry A. Hard- ing for having violated as aforesaid the laws relative to the illegal sale and the illegal keeping of intoxicating liquors ; nevertheless, the said Dana H. Miles, not regard- ing the duties of his office as aforesaid, but perverting the trust reposed in him and contriving and intending the citizens of this state for the private gain of him, the said Dana H. Miles, to oppress and impoverish and the due execution of justice as much as in him lay to hinder, obstruct and destroy, on said twenty-seventh day of September, at said Portland, under color of his said office as a police officer as aforesaid, a certain sum of money, to-wit, the sum of ten dollars, as a consideration for using his influence and endeavoring in divers other ways to have such proceedings to be instituted against said Henry A. Harding, dismissed, he, the said Dana H. Miles, from said Henry A. Harding, did unlawfully, unjustly and extorsively accept, receive and have, against the duties of his said office, to the great hindrance of jus- tice and against the peace of said state. d. By a City Marshal. NEBRASKA. Form No. 484. (Precedent from Guthrie v. State, 16 Neb. 668, 4 Am. Cr. Rep. 78, : 21 N. W. 455.) [Follow Form No. 89 to charging part, and add:] That. the said Roger O. Guthrie, in the city of Omaha, being then and there ministerial officer, to-wit, the city mar- shal of the city of Omaha, duly and legally appointed, confirmed, qualified, and sworn to discharge the duties of that office, it being an office of importance and trust concerning the administration of public justice, law and 318 SPECIFIC CRIMES. order within said city, county, and state, contriving and intending the powers and duties of his said office and the trust and confidence thereby reposed in him to violate, prostitute, and betray, and contriving and intending then and there the powers and duties of his said office to dis- charge and perform with partiality and favor, and con- trary to law, did then and there, with the intent afore- said, unlawfully, knowingly, corruptly, and feloniously take, accept, and receive from Charles Branch and others, whose names are to the jurors unknown, the sum of three hundred dollars in money of the value of three hundred dollars, as a bribe and pecuniary reward, offered and given by the said Charles Branch and others, and by the said Roger C. Guthrie taken, accepted, and received, with the intent and purpose to induce him, the said Roger C. Guthrie, in his office aforesaid, to permit, authorize, and allow certain gamblers, to-wit, Charles 8. Higgins, Seth C. Baldwin, Hiram B. Kennedy, Goodley Brocker, James Morrison, William Soderstrom, Charles Branch, and others to the grand jurors unknown, to keep, use, and occupy buildings and rooms for the purpose of, and devoted to, gambling, to exhibit gaming tables, gaming establishments, gaming devices, and other apparatus to win and gain money, and to carry on, conduct, and prose- eute the habit, practice, and profession of gambling in the corporated limits of the city of Omaha, and to induce and influence him, the said Roger C. Guthrie, then and there and thereafter not to arrest, nor cause to be arrested, the said gamblers, and to keep and protect them from arrest and punishment, and free, clear, and exempt from municipal or police molestation, interference, or attack while engaged in the business, practice, and pro- fession of gambling as aforesaid, in violation of law, contrary to the form of [concluding as in Form No. 39]. BRIBERY—ACCEPTING BRIBE. 319 e. By a Prosecuting Attorney. ALABAMA, Form No. 485. (Precedent from Diggs v. State, 49 Ala. 312.) [Follow Form No. 10 to the charging part, and add:] The grand jury of said county charge that, before the finding of this indictment, one J. Sheppherd Diggs was the solicitor of Dallas County, duly appointed and qual- ified to perform all the duties of said office, and duly assigned to attend before the grand jury of said county, to examine witnesses brought before such grand jury, and to give such grand jury legal advice as to any mat- ter or matters connected with their duties, and to give to such grand jury information as to any matters cognizable by them, as well as to prosecute the pleas of the State in the courts of said county. And the grand jury of said county do further charge, that on the ....... day of May, 19.., the said J. Sheppherd Diggs, while then and there acting as solicitor as aforesaid in said county, did corruptly receive or agree to receive, intending and con- triving to corrupt the due course of law and justice, from one Samuel H. Hill, Jr., a gift, or gratuity, to-wit, a draft, or order, for money drawn by said 8. M. Hill, Jr., for the sum of two hundred and ninety-eight 00-100 dol- lars, on L. Brewer & Co., a commission firm, doing busi- ness in the city of Mobile, State of Alabama, dated May, 19.., and payable ten days after the date thereof to the order of said J. S. Diggs, of the value of two hun- dred and ninety-eight 00-100 dollars, as a gift, or gratuity, bribe, and pecuniary reward, to prevent or to cease, or to advise against, or not to begin a prosecution against the said 8. M. Hill, Jr., for the criminal offense of living in said county, openly and notoriously, in a state of for- nication or adultery, with a woman named Margaret Evans, or to influence, or induce, or advise the said grand jury, not to consider or act upon the said criminal con- 320 SPECIFIC CRIMES, duct of the said Samuel M. Hill, Jr., of which said Diggs as aforesaid was well informed, or not to appear before the said grand jury, and give information of such vio- lation of the law by the said Hill; and that the said J. Sheppherd Diggs did thereby, as solicitor as afore- said, wilfully and corruptly prostitute, violate, and betray, for the gift, or gratuity, bribe, or pecuniary reward aforesaid, so as aforesaid by him, in his said office, taken and received, the duties of his said office, and the trust and confidence in him reposed; against the peace and dignity, ete. 2. And the grand jury of said county further. charge, that on the ......... day Of .scawess , 19.., in the county aforesaid, one J. Sheppherd Diggs was the solicitor of Dallas county, duly and legally appointed, and acting and qualified to perform and discharge the duties of that office, the same being an office of importance and trust, concerning the administration of justice within the state; and the said J. Sheppherd Diggs, being then and there such solicitor as aforesaid, contriving and intending the duties of his said office, and the trust and confidence thereby reposed in him, to prostitute and betray, did then and there, unlawfully and corruptly, accept and receive of one Samuel M. Hill, Jr., a draft, or order, for the sum of two hundred and ninety-eight 00-100 dollars, drawn by said S. M. Hill, Jr., on L. Brewer & Co., the commission merchants of said Hill in Mobile, in said State, dated May, 19.., and payable ten days after the date thereof, for the sum of two hundred and ninety- eight 00-100 dollars of the value of two hundred and ninety-eight 00-100 dollars, payable to the order of said J. Sheppherd Diggs, and as solicitor as aforesaid, as a gift, gratuity, bribe, and pecuniary reward, to influence or induce him, the said J. Sheppherd Diggs, to prevent, or not to begin, or not to give information as solicitor of the said county as aforesaid, that would lead to the prosecution of said Hill, for then and there, as was well BRIBERY—ACCEPTING BRIBE. 321 known to the said J. Sheppherd Diggs, living in a state of adultery or fornication with a woman named Mar- garet Evans; and that he, the said J. Sheppherd Diggs, did thereby unlawfully, wilfully, and corruptly prostitute, violate, and betray, for the aforesaid bribe, gift, gratuity, or pecuniary reward, so as aforesaid by him, the said J. Sheppherd Diggs, in his said office taken, the duties of his office and the. trust and contidence in him therein and thereby reposed, and did thereby, wilfully and cor- ruptly agree to cloak, or screen, or protect a person, well :-known to him, the said J. Sheppherd Diggs, to be in the .open, notorious, and continuous commission of an offense sagainst the laws of the State; against the peace and dig- inity, ete. 3. The grand jury of said county do further charge, ,that on or about the ....... day of May, 19.., Samuel M. ‘Hill, Jr., at that time being a resident citizen of the said lnoumtyg was, and had been for many months previous, jto-wit, for six months, living in a state of adultery or fornication, in said county with a woman named Mar- garet Evans, and that such living and violation of the laws was well known to one J. Sheppherd Diggs, herein- after mentioned, and was amenable to, and deserving of ‘the punishment of the laws of the State of Alabama, in -guch cases made and provided. And the grand jury fur- ther charge, that onthe ....... day of May, 19. ., the said ‘J. Sheppherd Diggs, an attorney at law, in the county aforesaid, was, by due appointment, solicitor in the county aforesaid, and for the county of Dallas, as aforesaid, duly and legally qualified to discharge and perform all the duties of that office, the same being an office of impor-} tance and trust concerning the administration of justice in the county aforesaid; and the said J. Sheppherd Diggs, being then and there such solicitor for Dallas County, intending and contriving the duties of said office, and.the trust and confidence thereby reposed in him, to prosti- tute and betray, did then and there unlawfully and cor- Crim. Proc. Forms—21 a 322 SPECIFIC CRIMES. ruptly accept and receive of the said 8. M. Hill, Jr., a draft or order, on L. Brewer & Co., commission mer- chants in Mobile, Alabama, for the sum of two hundred and ninety-eight 00-100 dollars, dated May ....... jet sag and payable ten days after the date thereof, to the order of the said J. 8. Diggs, and signed by the said S. M. Hill, Jr., of the value of two hundred and ninety-eight 00-100 dollars, as a gift, or gratuity, bribe, and pecuniary reward, to influence him, the said J. S. Diggs, as solicitor as aforesaid, not to prosecute the said Hill before the grand jury of said county, for his said offense of adul- tery or fornication, or not to give information before said grand jury, that would lead to a finding by said grand jury of a true bill against the said S. M. Hill, Jr., for such offense, or to otherwise present such finding by such grand jury, or otherwise to protect said Hill against an indictment being found or prosecuted against the said Hill, for his said violation of the law; and that he, the said J. Sheppherd Diggs, did thereby unlawfully, wil- fully and corruptly. prostitute, violate, and betray, for the aforesaid gift, gratuity, bribe, or pecuniary reward, so as aforesaid by him, the said J. Sheppherd Diggs, in his said office taken and accepted, the duties of his said office, and the trust and confidence in him therein and thereby reposed; against the peace and dignity of the State of Alabama. Solicitor of Fourth Prouik, ‘8. SOLICITING AND OBTAINING A BRIBE, CALIFORNIA. Form No. 486. (Precedent from People v. Markham, 64 Cal. 157, 49 Am. Rep. 700, 30 Pac. 620.) [Commence as in Form No. 13, and add:] The said W. W. Markham, on the 30th day of September, A. D. 19.., at the county and state aforesaid, then and there BRIBERY—SOLICITING BRIBE. 323 being an executive officer, namely, a police officer of the city of San Jose, county of Santa Clara aforesaid, did ask, receive, and agree to receive a bribe, to-wit, 15 standard dollars, lawful coin of the United States of America, upon an understanding and agreement that he would not arrest persons engaged in violating Section 330 of the Penal Code of the State of California, nor would he arrest persons engaged in violating the gambling ordi- nance of the said city of San Jose contrary to the form of the statute [conclusion as in Form No. 13]. ILLINOIS. Form No. 487, (Precedent from Walsh v. People, 65 Ill. 64.) [Follow Form No. 481 to the *, and add:] That on the Ist day of December, 19.., then a member of the com- mon council of the city of Chicago, to-wit, an alderman, did then and there unlawfully, wickedly, corruptly, and contrary to his duty as such alderman, propose to receive, as a bribe, of and from William Goggin, a large sum of money, to-wit, the sum of $4000, to induce him, the said Walsh, as such alderman, to use his influence with favor, as such alderman, to induce and secure the purchase by said common council, of said William Goggin, for said city of Chicago, for the place whereon to erect a public school-house, certain real estate, it being the duty of said council to purchase real estate for said city whereon to erect school-houses, contrary to law [concluding as in Form No. 481]. NEW YORK. Form No. 488. (Precedent from People v. Jaehne, 4 N. Y. Cr. Rep. 480.) [Commence as in Form No. 46, and add:] The grand jury of the city and county of New York by this indict- 324 SPECIFIC CRIMES. ment accuse Henry W. Jaehne of the crime of bribery, committed as follows: Heretofore, to-wit,* on the 29th day of August, in the year of our Lord one thousand nine hundred and ....... ; at the city of New York, in the county of New York aforesaid, a certain petition and application of the Broadway Surface Railroad Company, a corporation duly organized and incorporated under and by virtue of the laws of the State of New York, before then duly pre- sented to the common council of the city of New York, praying and making application to the said common council for its consent and permission to construct, main- tain, operate and use a street surface railroad for public use in the conveyance of persons and property in cars upon and along the surface of certain streets, avenues and highways in the said city, together with the neces- sary connections, switches, sidings, turn-outs, turn-tables and suitable stands for the convenient working of the said road, was duly pending before and under the consid- eration of the said common council. And the said petition and application having been so as aforesaid made and presented to the said common council, and being so pending and under its consideration as aforesaid, the said Henry W. Jaehne, late of the city and county aforesaid, being then and there a public officer and a person executing the functions of public officer, to-wit, an alderman and a member of the board of alder- men of the city of New York, and as such being then and there a member of the common council aforesaid, after- wards, to-wit, on the said 29th day of August, in year aforesaid, to-wit, and whilst the said petition and appli- cation was yet pending before and under the considera- tion of the said common council, contriving and intending the duties of his said. office, and the trust and con- fidence thereby reposed in him, to prostitute and betray, at the city and county aforesaid, with force and arms, unlawfully, wickedly and corruptly, did feloniously ask BRIBERY—SOLICITING BRIBE. 325 and agree to receive the sum of twenty thousand dollars in money, and a promise and agreement therefor from a certain person whose name is to the grand jury aforesaid as yet unknown, upon an agreement and understanding that the vote, action and official proceeding of him, the said Henry W. Jaehne, as such member of said common council aforesaid, upon and concerning the said petition and application of the said Broadway Surface Railroad Company, so pending before and under the consideration of the said common council as aforesaid, should be thereby influenced, and that his vote, action and official proceeding as such member of the common council afore- said, upon and concerning the said petition and applica- tion should be in favor of the granting and giving by the said common council of the consent and permission so as aforesaid in and by the said petition and appli- cation prayed and applied for, against the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity. Second Count. And the grand jury aforesaid, by this indictment further accuse the said Henry W. Jaehne of the crime of bribery, committed as follows: Heretofore, to-wit, on the twenty-ninth day of August, in the year of our Lord one thousand nine hundred and euewee , at the city of New York, in the county of New York, aforesaid, a certain petition and application of the Broadway Surface Railroad Company, a corporation duly organized and incorporated under and by virtue of the laws of the State of New York theretofore duly presented to the common council of the city of New York, praying and making application to the said common council for its consent and permission to construct, maintain, operate and use a street surface railroad for public use in the conveyance of persons and property in cars upon and along the surface of certain streets, avenues and high- ways in said city, together with the necessary connections, 326 SPECIFIC CRIMES. switchings, sidings, turn-outs, turn-tables and suitable stands for the convenient work of the said road, was duly depending before and under the consideration of the said common council. And the said petition and application having been so as aforesaid made and presented to the said common coun- cil, and being so pending and under its consideration as aforesaid, the said Henry W. Jaehne, late of the city and county aforesaid, being then and there an alderman, and a member of the board of aldermen of the city of New York, and as such being then and there a member of the said common council, afterwards, to-wit, on the said 29th day of August in the vear aforesaid, and whilst the said petition and application was yet pending before and under the consideration of the said common council, con- triving and intending the duties of his said office, and the trust and confidence thereby reposed in him to pros- titute and betray, at the city and county aforesaid, with force and arms unlawfully, wickedly and corruptly, did feloniously accept from a certain person whose name is to the grand jury aforesaid as yet unknown, a prom- ise and agreement to give and furnish to him, the said Henry W. Jaehne, the sum of twenty thousand dollars in money, and an undertaking to give and furnish the said sum of money to the said Henry W. Jaehne, under an agreement and understanding that the vote and action of him, the said Henry W. Jaehne, as such member of the said common council, upon and concerning the said petition and application of the said Broadway Surface Railroad Company so pending before and under the con- sideration of the said common council aforesaid, should be influenced thereby; and that his said vote and action should be given in the matter, cause and proceeding, of, upon and concerning the said petition and application in favor of the granting and giving by the said common council of the consent and permission so as aforesaid in and by the said petition and application prayed and BRIBERY—SOLICITING BRIBE. 3827 applied for, against the form of the statute in such case made and provided, against the peacé of the people of the State of New York and their dignity. District Attorney of the County of New York, a Form No. 489, (Precedent from People v. O’Neill, 5 N. Y, Cr. Rep. 304.) [Follow Form No. 488 to *, and add:] On the twenty- ninth day of August, in the year of our Lord one thou- sand nine hundred and ........ , at the City of New York in the County of New York aforesaid, a certain petition and application of the Broadway Surface Railroad Com- pany, a corporation duly organized and incorporated under and by virtue of the laws of the State of New York ‘before then duly presented to the Common Council of the City of New York, praying and making application to the said Common Council for its consent and permission to construct, maintain, operate, and use a street surface railroad for public use in the conveyance of persons and property in cars, upon and along the surface of certain streets, avenues, and highways in said city, ete. ........ was duly pending before and under the consideration of the said Common Council. And the said petition and application having been so as aforesaid made and presented to the said Common Coun- cil, and being so pending and under its consideration aforesaid, the said John O’Neill, late of the City and County of New York aforesaid, being then and there a public officer, and a person executing the functions of a public office, to-wit: an alderman, and a member of the Board of Aldermen of the City of New York, and as such being then and there a member of the Common Council aforesaid, afterwards, to-wit: on the said 29th day of August, in the year aforesaid, and whilst the said petition and application was yet pending before and under the consideration of the said Common Council, con- 328 SPECIFIC CRIMES. triving and intending the duties of said office, and the trust and confidence thereby reposed in him to pros- titute and betray at the city and county aforesaid ....... did feloniously ask and agree to receive the sum of twenty thousand dollars in money, and a promise and agreement therefor from a certain person whose name is to the Grand Jury aforesaid as yet unknown, upon an agree- ment and understanding that the vote, opinion, judgment, action, and official proceeding of him, the said John O’Neill, as such member of the Common Council afore- said, upon and concerning the said petition and appli- cation of the said Broadway Surface Railroad Company, so pending before and under the consideration of the said Common Council, as aforesaid, should be thereby influenced, and that his vote, opinion, judgment, action and official proceeding as such member of the Common. Council as aforesaid upon and concerning the said petition and application, should be in favor of the grant- ing and giving by the said Common Council of the con- sent and permission so as aforesaid in and by the said petition and application prayed and applied for against the form of the statute, in such case made and provided, and against the peace of the people of the state of New York and their dignity. eer ener eee eee ereosresrvees District Attorney of the County of New York. BURGLARY—BREAKING DWELLING, 329 XIII. BURGLARY. L BREAKING AND ENTERING. A. IN GENERAL, a. A Dwelling-House. ¢. With Intent to Commit Arson. ALABAMA, Form No, 490. (Crim. Code, 1886, p. 268, No. 20.) [Commence as in Form No. 10, and add:] The grand jury of said county charge that, before the finding of this indictment, John Doe, on the first day of January, in the year of our Lord one thousand nine hundred and Sewanee , in the county of Dale aforesaid,* with intent to commit arson in the first degree, broke into and entered the dwelling-house of Samuel Short, against the peace and dignity of the State of Alabama. ti. With Intent to Commit Assault. IOWA. Form No. 491. (Precedent from State v. Phipps, 95 Iowa 491, 64 N. W. 410.) [Commence as in Form No, 25, and add:] The grand jury of the county of Boone, in the name of and by the authority of the state of Iowa, accuse William and George Phipps of the crime of burglary, committed as follows :* The said William Phipps and George Phipps, on the 27th day of February, A. D. 19.., in the night time of said day, in the county of Boone, state of Iowa, did wil- fully, unlawfully, feloniously, burglariously, and with force and arms break and enter the dwelling-house of 330 SPECIFIC CRIMES. J. H. Gibbons with the intent then and there to commit an assault upon the said J. H. Gibbons. And the said William Phipps and George Phipps did then and there, after having entered the said dwelling-house of the said J. H. Gibbons, as aforesaid, wilfully, unlawfully and felo- niously assault the said J. H. Gibbons, he, the said J. H. Gibbons, being lawfully therein. All contrary to the stat- utes in such cases made and provided. (iia osdineaK eeaals , District Attorney. WEST VIRGINIA. Form No. 492. (Precedent from Watts v. State, 5 W. Va. 534.) [Follow Form No. 67 to the charging part, and add:] John Lee Randolph and Price Pleasants, on the 19th day of September, 19.., about the hour of ten o’clock in the night of that day, feloniously and burglariously did break and enter into the dwelling-house of G. D. Perry, situated in the said county, with intent to make an assault upon one J. W. Saunders then and there living, and him the said J. W. Saunders, to then and there maliciously shoot, stab, cut and wound, with intent to maim, disfigure, dis- able and kill him, the said J. W. Saunders. ai. With Intent to Commit a Misdemeanor. WASHINGTON, Form No. 493. (Precedent from Linbeck v. State, 1 Wash. 337.) [Title as in Form No. 66, and add:] George J. Moody, prosecuting attorney of the State of Washington for the district comprising the counties of Wahkiakum, Chehalis and Pacific, in the state, on oath accuse John Linbeck by this information of the crime of burglary, committed as follows, to-wit:* The said John Linbeck, on the 28th day of February, A. D. one thousand nine hundred and BURGLARY—BREAKING DWELLING. 331 a , and within one year next preceding the date thereof, in the county of Chehalis, aforesaid, in the State of Washington, did then and there in the night time of said day, unlawfully break and unlawfully enter the dwelling-house of one James Arland, there situated, with the intent then and there to commit a misdemeanor therein, contrary to the form of the statute in such case made and provided and against the peace and dignity of the State of Washington. Dated June 2, 19.. See swe eueny , Prosecuting Attorney. tv. With Intent to Commit Murder. ‘KENTUCKY. Form No. 494. [Commence as in Form No. 27, and add:] The grand jury of Franklin county, in the name and by the authority of the commonwealth of Kentucky, accuse John Doe of the crime of burglary, committed as follows, viz.: The said John Doe, on the twenty-ninth day of December, in the year of our Lord one thousand nine hundred and ...+...., in the night time, in the county aforesaid, felo- niously and burglariously broke into and entered the dwelling-house of Richard Roe, with the intent to commit a felony, viz.: to feloniously, wilfully, and with malice aforethought, kill and murder Richard Roe aforesaid, by shooting him with a pistol, against the peace and dignity of the commonwealth of Kentucky. MINNESOTA. Form No. 495. (Stats., 1894, § 7239, No. 17.) [Commence as in Form No. 38, and add:] John Doe is accused by the grand-jury of the county of Ramsey, by this indictment, of the crime of burglary, committed as follows: 332 SPECIFIC CRIMES. The said John Doe, on the first day of January, A. D. 19.., at the city of St. Paul, in this county, broke into and entered in the night-time, the dwelling-house of Samuel Short in which there was at the time a human being, namely, the said Samuel Short (or whose name is unknown to the grand-jury), with intent to commit mur- der therein, by forciby bursting or breaking the wall (or an outer door or window of said house or by unlocking an outer door, by means of false keys, or by picking or forcing the lock of an outer door. Dated at St. Paul, in the county of Ramsey, the fourth day of October, A. D. 19.. A true bill. ee ey oeg Foreman of the grand-jury. TEXAS. Form No. 496. (Precedent from Garner v. State, 31 Tex. Cr. Rep. 22, 19 S. W. 333.) [Title and venue.] In the name and by the authority of the state of Texas the grand jurors of the county of Colo- rado, state aforesaid, organized as such at the January term in the year of our Lord one thousand nine hundred TC |e cee , of the District Court for said county, upon their oaths in said court present that, Tom Garner, on the 24th day of August, A. D.19..,in the county and state aforesaid, did in the night time commit the offense of burglary, by then and there discharging firearms, to-wit, a pistol, into the house of John Burton, with the intent then and there of committing a felony, to-wit, he, the said Garner, did then and there, with malice afore- thought, discharge said pistol into said house with the intent then and there to kill and murder John Burton, Oliver Williams, Eddie Woods, Wilson White, and Vina Tutson, the said White, Williams, Burton, Woods, and Tutson then and there being in said house; and he the BURGLARY—BREAKING DWELLING, 333 said Garner, did then and there shoot and wound the said White, Williams, Woods, and Tutson, the said house then and there being situated in said county, and then and there controlled and occupied by the said John Burton as a dwelling-house; and he, the said Garner, did then and there shoot and discharge said pistol into said house, as aforesaid, without the consent of the said Burton or any one else then and there authorized to give consent, against the peace and dignity of the state. Foreman of the Grand J ary. VERMONT. Form No. 497. (Precedent from Aiken’s Prac. Forms, p. 236, No, 185.) [Title and venue.] Be it remembered, that at the Supreme Court of. Judicature, begun and holden at Chel- sea, within and for said county of Orange, on the first Tuesday of October, in the year of our Lord one thou- sand nine hundred and ...... The Grand Jurors within and for the body of the county of Orange aforesaid, now here in court, duly empaneled and sworn, upon their oath, present, that, John Doe, of Chelsea in said county, on the tenth day of June last past, about the hour of one in the night time of said day, with force and arms the dwelling-house of one Leonard A. Ford of said Chelsea, there situate, feloniously and bur- glariously, did break and enter, with intent him the said ‘Leonard A. Ford then and there being, feloniously to kill and murder, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the state. 334 SPECIFIC CRIMES. v. With Intent to Commit Rape. ARKANSAS, Form No. 498, (Precedent from Bradley v. State, 32 Ark. 704.) [Title and venue.] The grand jury of Bradley County, in the name and by the authority of the State of Arkan- sas, accuse Pat. Bradley of the crime of burglary com- mitted as follows, to-wit: The said Pat. Bradley, in the county aforesaid, on or about 11 o’clock of the night time of the 14th day of July, A. D.19.., did unlawfully, feloniously and burglariously enter the dwelling-house of one EK, D. Sled, with the intent to commit a felony, to-wit: an assault with intent to commit rape in and upon the body of one Mary J. Sled, a female, the wife of the said H. D. Sled, with intent feloniously to ravish and carnally know the said Mary J. Sled, forcibly and against her will contrary to the statutes in such cases made and provided and against the peace and dignity of the State of Arkansas. ee eee , Prosecuting Attorney. . MASSACHUSETTS, Form No, 499, (Precedent substantially from Com. v. Doherty, 64 Mass., 10 Cush., 52.) [Commence as in Form No. 81, and add:] The jurors for said commonwealth on their oath present, that John Doe, late of Holyoke, in the county of Hampden at Hol- yoke, in the county aforesaid, on the twenty-ninth day of August, now last past,t in the night time of said day, with force and arms, did break and enter the dwelling- house of one Lucy Perkins, there situate, with intent then and there to commit the crime of rape, against the peace of said commonwealth and contrary to the form of the statute in such case made and provided. sige eb wese eds awe , District Attorney. BURGLARY—BREAKING DWELLING, 335 NORTH CAROLINA, Form No. 500. (Precedent from State v. McDaniel, 60 N. C., 1 Winst. L., 250.) [Commence as in Form No. 47, and add:] The jurors for the State upon their oath present that Wesley McDan- iel, being a free negro, late of the County of Mont- gomery, not having the fear of God before his eyes but being moved and seduced by the instigation of the devil, on the twentieth day of August, A. D.19.., about the hour of twelve in the night of the same day, with force and arms, at Troy in said county, the dwelling-house of one Adeline Boyd, there situate, feloniously and burglari- ously did break and enter with intent in and upon one Mary Boyd, being a white female in the said dwelling- house then and there being, with force and arms then and there violently, forcibly, feloniously and burglariously against her will to ravish and carnally know, contrary to the form of the statute in such case made and provided; and then and there with force and arms in and upon the said Mary Boyd, being a white female as aforesaid, in the peace of God and the State, in the said dwelling-house, then and there being violently, forcibly, feloniously and burglariously did make an assault and her, the said Mary Boyd, in the said dwelling-house, then and there did beat, wound and ill treat with an intent, her, the said Mary Boyd, being a white female as aforesaid, violently, for- cibly and against her will, then and there in the said dwelling-house being, feioniously and burglariously to ravish and carnally know, and other wrongs, then and there did, contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the State. pees eeearewe eas eoeeeee, NOlicitor. 336 SPECIFIC CRIMES. OHIO. Form No. 501. [Commence as in Form No. 50, and add:] The jurors of the grand jury of the state of Ohio, within and for the body of the county of Allen, impaneled, sworn, and charged to inquire of the crimes and offenses committed within said county of Allen, in the name and by the authority of the state of Ohio, on their oaths do find and present* that John Doe, late of the said county, on the first day of January, in the year of our Lord one thousand nine hundred and ......... , about the hour of twelve in the night season of said day, maliciously and forcibly did break and enter the dwelling-house of one Leonard A. Ford, in said county, with intent to commit a felony, to-wit, rape, on one Sarah Ford, the wife of the said Leonard A. Ford, in said dwelling-house then and there being, by then and there unlawfully ravishing and carnally knowing the said Sarah Ford, by force and against her will, contrarv to the form of the statute in such case made and provided and against the peace and dignity of the State of Ohio. Sisckes take eae «++, Prosecuting Attorney. OREGON. Form No. 502. (Precedent from State v. Ryan, 15 Ore. 572, 16 Pac. 417.) [Commence as in Form No. 58, and add:] Charles Ryan is accused by the grand jury of the county of Linn, in the State of Oregon, by this indictment, of the crime of bur- glary, committed as follows: The said Charles Ryan, on the eighth day of November, A. D. 19.., in the county of Linn, and State of Oregon, then and there being,* did then and there feloniously and burglariously break and enter in the night-time a dwelling-house, in which there was at that time a human being, namely, Ella M. Mack, BURGLARY—BREAKING DWELLING. 337 with the intent to commit rape therein, by forcibly break- ing an outer door of said dwelling-house; and the said Charles Ryan, having so entered said dwelling-house with such intent, did then and there commit an assault upon Ella M. Mack, a person lawfully then in such house. Con- trary to the statutes in such cases made and provided and against the peace and dignity of the State of Oregon. Dated at Albany, in the county of Linn, and State of Oregon, the fifteenth-day of November, A. D.19.. Dei eReus reese. , District Attorney. at. With Intent to Steal. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 459.) Form No. 503. (Precedent from Kerr’s Cyc. Pen. Code, p. 1427.) [Commence as in Form No. 13, and add:] Did wilfully, unlawfully, feloniously, and burglariously enter the house, room, shop, warehouse, car, etc., [as the case may be] of ONE 2 sass pt canoes , in said county of ...... , with the felonious intent then and there to commit the crime of larceny or any other felony [naming it]. Contrary, ete. [concluding as in Form No. 13]. Form No. 504, (Precedent from People'v. Taggart, 43 Cal. 81.) _ [Commence as in Form No. 13, and add:] John W. Tag- gart is accused by the Grand Jury of the County of Sonoma, State of California, by this indictment ‘found the 8d day of October, A. D. 19.., of the crime of bur- glary, committed as follows: The said John W. Tag- gart, on the 13th day of July, A. D. 19.., at the county and State aforesaid, at about the hour of nine o’clock in the night-time of said day, with force and arms the house and tenement of William Withrow, then and there Crim. Proc. Forms—22 338 SPECIFIC CRIMES. situated feloniously and burglariously. did break and enter with an intent then and in said house and tenement to commit petit larceny—that is to say, with intent to steal, take and carry away one claw-hammer, worth one dollar; one spoke, shave, worth seventy-five cents; one two-foot rule, worth fifty cents; and one monkey-wrench, worth one dollar, of the goods and chattels of William Withrow and John Charlton, contrary to the form, force and effect of the statute, in such cases made and provided, and against the peace and dignity of the people of the state of California. SiuauEseeee sihaewss , District Attorney. ILLINOIS. Form No. 505. [Commence as in Form No. 23, and add:] The grand jurors, chosen, selected, and sworn in and for the county of McLean, in the name and by the authority of the people of the state of Illinois, upon their oath present * that William Watson, late of said county, on the 26th day of March, in the year of our Jord one thousand nine hundred and ......... , at and within the said county of McLean and State aforesaid, the dwelling-house of Frank Bean, there situate, wilfully, maliciously, forcibly, felo- niously and burglariously did break and enter, with intent the goods and chattels of Mary Watson in said dwelling- house then and’ there being found, feloniously to take, steal and carry away,t and one gold ring, with amethyst setting, of the value of $20, of the goods and chattels of the said Mary Watson, in said dwelling-house then and there being found, did feloniously take, steal and carry away, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the same people of the state of Illinois. bya Rencale RARER eS , State’s Attorney. BURGLARY—BREAKING DWELLING, 339 KENTUCKY. Form No. 506, (Bullitt’s Crim. Code, 1895, p. 145.) [Commence as in Form No. 27, and add:] The grand jury of Bourbon county, in the name and by the authority of the Commonwealth of Kentucky, accuses John Doe of the crime of burglary committed as follows, viz.: The said John Doe on the first day of February, 19.., in the night time, in the county aforesaid, feloniously and burglari- ously broke into and entered the dwelling-house of Sam- uel Short, with the intent to steal goods and chattels therefrom, against the peace and dignity of the Common- wealth of Kentucky. MISSOURI. Form No. 507, (Precedent from State v. Tutt, 63 Mo. 596.) [Commence as mm Form No. 86, and add:] The grand jurors for the State of Missouri, summoned from the body of Cooper county, upon their oaths present, that Reuben Tutt, Anthony Porter, and George Bland, on the 6th day of May, 19.., at the county of Cooper and State of Missouri, did feloniously and burglariously break into and enter a certain dwelling-house being then and there the property of one John L. O’Bryan, and in which there was at the time of said breaking and entering, human, beings, to-wit, the said John Ll. O’Bryan and his family, by forcibly breaking, opening and raising a window of. said dwelling-house, with intent then and there to com- mit a larceny, by then and there feloniously stealing, taking and carrying away the goods, chattels and per- sonal property and valuable things of the said John L. O’Bryan, to-wit: One gold watch of the value of one hun- dred and fifty dollars, one pair of boots of the value of seven dollars, two coats of the value of five dollars, and two pairs of pants of the value of three dollars, one gold 340 SPECIFIC CRIMES. keystone of the value of thirteen dollars, one seal stone of the value of thirty dollars, and one steel watch-key and ring of the value of ten cents, all of the goods, chattels and personal property and valuable things of the said John L. O’Bryan, then and there being found in said dwelling-house, and they, the said Anthony Porter, Reuben Tutt, and George Bland, did then and there felo- niously steal, take away and carry, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state. Spd aew Haan ales eine , Prosecuting Attorney. NEW HAMPSHIRE, Form No. 508. (Precedent from State v. Squires, 11 N. H. 37.) [Follow Form No. 42 to the charging part, and add: The grand jurors of the state of New Hampshire upon their oath present that Francis Squires, late of the county of Grafton aforesaid, on the 6th day of June, 19.., with force and arms, at Littleton, the dwelling-house of one Ezra Parker, there situate, then and there, about the hour of one in the night time of the same day, feloniously and ‘burglariously did break and enter, with intent the goods and chattels of one Ezra Parker, in the said dwelling- house then and there being, then and there feloniously and burglariously, to take, steal and carry away; and fifty pounds of cheese, of the value of ten dollars, of the proper goods of the said Ezra Parker in the said dwelling-house then and there being found, then and there, feloniously and burglariously, did take, steal and carry away, contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the state. eoveeeererseovece eoney Solicitor for Grafton County. BURGLARY—BREAKING DWELLING. 341 NEW YORK. (New York Pen. Code, § 497.) Form No. 509. [Venue and title.] The grand jury of the city and county of New York, by this indictment accuses John Doe of the crime of burglary in the * second degree, committed as follows: The said John Doe, late of the fourth ward of the city of New York in the county of New York aforesaid, on the twenty- ninth day of December in the year of our Lord one thou- sand eight hundred and ninety-six, in the day time of the same day, at the ward, city and county aforesaid, the dwelling-house of one Richard Roe, there situate, feloniously and burglariously did break into and enter, there being then and there a human being within the said dwelling-house, with intent to commit some crime therein, to-wit, the goods, chattels and personal property of the said Richard Roe, in the said dwelling-house then and there being, then and there feloniously and burglari- ously to steal, take and carry away. Form No. 510. (Precedent from Harris v. People, 59 N. Y. 600.) [Commence as in Form No. 46, and add:] The grand jury of the city of Long Island City, by this indictment accuse Charles Harris of the crime of burglary com- mitted as follows: The said Charles Harris, on the third day of January, 19.., at the city of Long Island City of Queens County, about the hour of twelve o’clock in the day time of that day, at the city and in the county aforesaid, with force and arms the dwelling-house of one Robert S. Fanning, there situate, then and there wick- edly, feloniously, burglariously and unlawfully did break and enter, with intent the goods, chattels and personal 342 SPECIFIC CRIMES. property of the said Robert S. Fanning, in the said dwell- ing-house then and there being, then and there felo- niously, unlawfully and burglariously to steal, take and carry away, and two gold bracelets, each of the value of fifty dollars, of the goods, chattels and personal prop- erty of Ellen Fanning, then and there being, then and there did steal, take and carry away, to the great damage of the said Robert S. Fanning and Ellen Fanning. District Attorney of the County of Gusanay OHIO. Form No, 511, (Precedent from Hartshorn v. State, 29 Ohio St. 635.) [Follow Form No. 501 down to the *, and add:| That Aaron Hartshorn, late of the county of Mahoning afore- said, on the 23d day of November, A. D. 19.., at the county of Mahoning aforesaid, in the night season of the same day, to-wit, about the hour of eleven at night, in the county of Mahoning aforesaid, into a certain dwelling-house of one Elizabeth Houseman, there situ- ate and being, did wilfully, maliciously, forcibly, bur- glariously, and feloniously break and enter, with intent then and there feloniously, the personal goods, chattels, property, and moneys of the said Elizabeth Houseman, in the said dwelling-house then and there being, feloniously and burglariously to steal, take, and carry away; and the jurors aforesaid, inquiring as aforesaid, do further present and find, that Hanaford A. Burbank, before the said burglary was committed as aforesaid by the said Aaron Hartshorn, to-wit, on the 23d day of November, A. D.19.., in the county of Mahoning aforesaid, did felo- niously, wilfully, and maliciously aid, abet, incite, and procure the said Aaron Hartshorn, the said burglary and felony, in manner and form aforesaid, to do and commit, contrary to the form of the statute in such case BURGLARY—BREAKING DWELLING. 343 made and provided, and against the peace and dignity of the State of Ohio. Meee tabeeweues , Prosecuting Attorney. OREGON, Form No. 512, (Hill’s Ann, Laws, 1892, p. 1003, No. 13.) [Follow Form No. 502 to the *, and add:] Broke and entered, in the night time, a dwelling-house in which there was at the time a human being, namely, one Leonard A. Ford, or whose name is unknown to the grand jury, with intent to commit larceny therein, by forcibly bursting or breaking the wall, or an outer door, or a window, or a shutter of a window, of said house, contrary [concluding as in Form No. 502]. PENNSYLVANIA. Form No. 513. (Precedent from Com. v. Carson, 166 Pa. St. 180, 30 Atl. 985.) [Commence as in I'orm No. 55, and add:] The grand inquest of the commonwealth of Pennsylvania, inquiring in and for the county of Clarion, upon their respective oaths and affirmations do present, that J. M. Carson, late of said county, yeoman; James McAbee, late of said county, yeoman; William Reath, late of said county, yeoman; Bub Gilger, late of said county, yeoman; on the 6th day of January, A. D. 19.., at the county afore- said and within the jurisdiction of this court, wilfully and feloniously did break and enter the dwelling-house of M. J. Baker, there situate, with intent the goods, chat- tels and property of M. J. Baker, in the said dwelling- house then and there being, then and there feloniously to steal, take and carry away one range of the value of eight dollars; one lot of carpets of the value of five dol- lars; one lot of carpenter tools of the value of ten dol- 344 SPECIFIC CRIMES. lars; one lot of lumber of the value of forty dollars; the goods, chattels and property of the said M. J. Baker, then and there being found, did then and there the goods, chattels and property above mentioned, in the said dwell- ing-house, feloniously steal, take and carry away to the great damage of the said M. J. Baker contrary to the form of the act of assembly, in such case made and: provided, and against the peace and dignity of the com- monwealth of Pennsylvania. And the inquest aforesaid inquiring as aforesaid upon their oaths and affirmations respectively as aforesaid, do further present, that J. M. Carson, late of said county, yeoman; James McAbee, late of said county, yeoman; William Reath, late of said county, yeoman; Bub Gilger, late of said county, yeoman; on the.day and year afore- said, at the county aforesaid, and within the jurisdic- tion of this court, did wilfully and maliciously break, injure and destroy a certain window, belonging to the dwelling-house of one M. J. Baker, contrary to the form of the act of assembly in such case made and provided and against the peace and dignity of the commonwealth of Pennsylvania. eoeseesiwegeoiuwe , District Attorney. TENNESSEE, Form No. 514. (Precedent from Palmer v. State, 47 Tenn., 7 Coldw., 83.) [Commence as in Form No. 59, and add:] The Grand Jurors for the State of Tennessee, upon their oaths, present, that Henry Palmer, colored, and Henry Sewell, colored, on the 13th day of March, 19.., in the County of Wilson, did feloniously break open the house of one Sarah Joplin, for the purpose of committing a larceny therein, and then and there feloniously stealing and car- rying away sixteen pieces of bacon of the value of twenty dollars, and one bucket of the value of one dollar, the BURGLARY—ENTERING DWELLING TO STEAL. 345 property of the said Sarah Joplin, against the peace and dignity of the State. ReEe decane es ....., Attorney-General. TEXAS, Form No. 515. (Precedent from Ross v. State, 16 Tex. App. 558.) [Title and venwe.] In the name and by the authority of the State of Texas; the grand jurors in and for Walker county, State of Texas, legally selected, drawn, tried, empaneled, sworn and charged at the May term, A. D. 19.., of the district court of Walker county, State of Texas, upon their oaths, in said court do present that Edgar Ross, in Walker county, State of Texas, on the tenth day of May, A. D. 19.., that is to say in the night time of said tenth of May, A. D.19.., did by force break and enter the house of J. L. Smith, without the consent of said J. L. Smith, and with the intent to fraudulently take, steal and carry away from the posséssion of J. L. Smith and out of said honse, goods and chattels of the value of five dollars, corporeal personal property belong- ing to J. L. Smith, without the consent of J. L. Smith and with the intent to deprive said J. L. Smith, the owner of said goods and chattels, of the value of the same, and to appropriate it to the use and benefit of him, said Edgar Ross; against the peace and dignity of the State. sea aeene ha suloe sn , Foreman of Grand Jury. Form No. 516, (Precedent from Shepherd v. State, 42 Tex. 502.) [Title and venue.] In the name and by the authority of the state of Texas, the grand jurors for the county of Harris, state aforesaid, duly organized as such at the February term, in the year of our Lord one thousand nine hundred and ....... , of the District Court for said county, upon their oaths in said court present* that 346 SPECIFIC CRIMES. ‘Charles Shepherd, late of the county of Harris, on the twenty-third day of June, in the year of our Lord one thousand nine hundred and ...... , in said county of Har- ris, in the state aforesaid, about the hour of one of the night of the same day, entered the dwelling-house of one ‘Martin Smith, feloniously, fraudulently and burglari- ously, with the intent to steal the corporeal personal prop- erty of said Smith, and to steal, take and carry away out of the house and from the possession of said Smith, said property, without the consent of said owner, and with the intent to appropriate the same to his own use and benefit, against the peace and dignity of the state. seeecceceveeeeeey HOreman of the Grand Jury. VERMONT. Form No. 517. (Precedent from State v. Clark, 42 Vt. 630.) [Title and venue.] Be it remembered that at the Supreme Court of Judicature begun and holden at Rut- land, within and for said county of Rutland, on the first Monday of February, in the year of our Lord one thou- sand nine hundred and ........ , the grand jurors within and for the body of the county of Rutland aforesaid, now here in court, duly empaneled and sworn, upon their oath present, that Aaron Clark, of Albany, in the state of New York, heretofore, to-wit, on the third day of August, in the year of our Lord one thousand nine hundred and ...... , about the hour of twelve o’clock in the night time of the same day, with force and arms, at Rutland, in the county of Rutland, and state of Ver- mont aforesaid, the dwelling-house of John A. Salisbury, and John W. Cramton, there situate, feloniously and bur- glariously did break and enter with intent the goods and chattels in the said dwelling-house, then and there being, feloniously and burglariously to steal, take and carry away, contrary to the form of the statute in such case BURGLARY—ENTERING DWELLING TO STEAL. e347 made and provided and against the peace and dignity of the state. VIRGINIA, Form No. 518. (Precedent from Johnson v. Com., 29 Gratt. 796.) [Commence as in Form No. 64, and add:] The grand jurors of the Commonwealth, for the body of the city of ‘Richmond, on their oaths, present that George Johnson, on the 30th day of October, in the year one thousand nine hundred and ....... , at the said city, and within the jurisdiction of the said hustings court of the city of Rich- mond, in the night of that day, feloniously and burglari- ously did break and enter into the dwelling-house of Stephen Hunter and E. 8S. Pendleton, situated in the said city, with intent the goods and chattels of one J. B. Crenshaw, in the said dwelling-house, then and there being, then and there feloniously and burglariously to steal, take and carry away, and one note of the United States currency, for the payment of twenty dollars, and of the value of twenty dollars, and divers other notes of the United States currency, the number and denomi- nation of which are to the grand jurors aforesaid unknown, for the payment of divers sums of money, in the whole amounting to the sum of forty dollars, the property and notes of the said J. B. Crenshaw, in the said dwelling-house in the city aforesaid, then and there being found, the said sum of twenty dollars, and the said sum of forty dollars secured and payable by and upon the said notes, being then and there due and unsatisfied to the said J. B. Crenshaw, then and there feloniously and burglariously did steal, take and carry away, against the peace and dignity of the Commonwealth of Virginia. 848 SPECIFIC CRIMES. WASHINGTON. Form No. 519. (Precedent from State v. Miller, 3 Wash. 133, 28 Pac. 375.) [Follow Form No. 493 to the *, and add:| The said William Miller, on the twenty-fourth day of May, A. D. 19.., in the county of King, in the state aforesaid, then and there being about the hour of four o’clock in the forenoon of said day, a certain house then and there used and conducted by N. A. Landon and Almeda C. McCon- nell, co-partners, under the name and style of N. A. Lan- don & Co., as for an hotel and lodging house, and the same being then and there the dwelling-house of said N. A. Landon, did wilfully, unlawfully, feloniously and burglariously break and enter with intent to then and there the personal goods and property of William H. Hall and Nas Holmer, then and there guests of said N. A. Landon & Co., willfully, unlawfully, feloniously and burg- lariously steal, take and carry away, contrary to the form of the statute [concluding as in Form No. 493]. WEST VIRGINIA, Form No. 520. (Precedent from State v. McClung, 35 W. Va. 281, 13 S. BE. 654.) [Commence as in Form No. 67, and add:] The grand jurors of the State of West Virginia in and for the body of the county of Clay, and now attending the said court, upon their oaths present that Frank McClung, alias Frank McAllister alias Frank McClintock, on the ...... day Of seass ,19.., about the hour of ...... o’clock, in the night-time of that day, feloniously and burglariously did break and enter into the dwelling-house of one Lewis Kyer, situated in said county, with intent the goods and chattels of him, the said Lewis Kyer, in the said dwelling- -house then and there being, then and there feloniously and burglariously to steal, take, and carry away, and one BURGLARY-—OF STORE OR OFFICE. 349 pair of pants or paxtaloons, and other goods and chattels, of the value of twenty-four dollars, of the goods and chat- tels of the said Lewis Kyer, in the said dwelling-house, in the county aforesaid, then and there being found, then and there feloniously and burglariously did steal, take, and carry away. And the grand jurors aforesaid, upon their oaths aforesaid, present that the said Frank McClung, alias Frank McAllister, alias Frank McClintock, on the ceseds day of ......, 19.., in the county aforesaid, did feloniously and burglariously take, steal, and carry away goods and chattels belonging to one Lewis Kyer of the value of twenty-four dollars, and one pair of pants of ‘the value of five dollars, and he, the said McClung, alias McAllister, alias McClintock, did then and there break and enter the dwelling-house of the said Lewis Kyer in the night time, with intent to commit larceny and burg- lary, and did then and there feloniously and burglariously take, steal and carry away household goods of the value of twenty-four dollars, against the peace and dignity of the State. Pioccnene Aulomesy: b. An Office or Store. CONNECTICUT. Form No. 521. ’ (Precedent from Wilson v. State, 24 Conn. 58.) To the Hon. County Court for the County of Windham, now in session. Esek Carpenter, of Windham, Esquire, attorney for the state, in and for said county, here in court informs that, on the seventeenth day of November, A. D. 19.., at about the hour of ten o’clock in the night season of the same day, Henry J. Wilson, John Scott and Peter M. Crandall, with force and arms, at Windham, in said Windham county, the shop, store and warehouse, being ' 4 350 SPECIFIC CRIMES. one and the same building, of The President, Directors and Company of the Windham Bank, a body politic and corporate, legally incorporated by the legislature of this state, and located and doing business at said Windham, then and there situate, and wherein goods, wares and merchandise were then and there deposited, and proper goods, chattels and estate of the said company of the President, Directors and Company of the Windham Bank, feloniously and burglariously did break and enter, with intent the said goods, wares and merchandise of the said company of the President, Directors and Company of the Windham Bank, then and there deposited in said shop, store and warehouse, feloniously and burglariously to steal, take and carry away, against the peace and contrary to the form of the statute-laws of this state; wherefore the said attorney prays that a bench warrant may issue against the said Henry J. Wilson, John Scott and Peter M. Crandall, that they may be arrested and brought before this court, to answer to this information and be dealt with according to law. oe ia oalacan wes éksstewx oy ALLOMGY. IOWA. Form No. 522. Precedent from State v. Hayden, 45 Iowa 12.) [Follow Form No. 491 to the *, and add:] The said James Hayden, on or about the 10th day of March, 19.., at or about the hour of one o’clock in the night of the same day, with force and arms in the county aforesaid, one store building of Beckman Bros. there situated, wherein valuable merchandise was kept for sale and store, viz.: pocket knives, razors and revolvers, of the value of $100, feloniously and burglariously did break and enter into, with felonious intent, the goods and chat- tels of the said Beckman Bros., in the said store then and there being found, then and there feloniously and bur- BURGLARY—OF STORE OR OFFICE. 351 ” glariously to steal, take, and carry away, and seven dozen of pocket knives, three razors and two revolvers of the goods and chattels of the said Beckman Bros., and of the value of seventy dollars, in the said store building, and then and there feloniously and burglariously did steal, take and carry away, contrary to the form of the statute in such case made and provided [concluding as in Form No. 491]. LOUISIANA, Form No, 523. (Precedent from State v. Curtis, 30 La. Ann. 814.) [Commence as in Form No. 28, and add:] John J. Fin- ney, District Attorney, of the First Judicial District of the State of Louisiana, who, in the name and by the authority of the said State, prosecutes in this behalf, in proper person’ comes into the Superior Criminal Court for the parish of Orleans, in the parish of Orleans, and gives the said court here to understand and be informed that* one S. W. Curtis, late of the parish of Orleans, on the twenty-seventh day of September, in the year of our Lord, one thousand nine hundred and ...., with force and arms, in the parish of Orleans, aforesaid, and within the jurisdiction of the Superior Criminal Court for the parish of Orleans, did in the night time, and with felo- nious intent to steal, feloniously break and enter the store of M. Andrieu & Co., contrary to the form of the statute of the State of Louisiana in such case made and provided, and against the peace and dignity of the same. John J. Finney, District Attorney of the First Judicial District. MASSACHUSETTS. Form No. 524. (Precedent from Josslyn v. Com., 47 Mass., 6 Metc., 236.) [Follow Form No. 499 to the *, and add:] The jurors for said commonwealth on their oath, present that Joseph 352 SPECIFIC CRIMES. H. Josslyn, late of Waltham, in the county of Middlesex, on the 1st of February, 19.., with force and arms, at Waltham, in the county aforesaid, the shop of one Charles W. Fogg, there situate, adjoining to a certain dwelling-house, in the night time did break and enter, with intent the goods and chattels of said Fogg, then and there in said shop being found, feloniously to steal, take and carry away, against the peace of the common- wealth, and contrary to the form of the statute in such case made and provided. And the jurors aforesaid, on their oath aforesaid, do further present that the said Joseph H. Josslyn, after- wards, to-wit, on said 1st day of February, 19.., with force and arms, at Waltham, aforesaid,:in the county aforesaid, one English gold lever watch, one French gold anchor lever watch, one gold Lepine watch, four silver cased watches, nine old silver watches, sundry silver spoons, and sundry articles of jewelry and cutlery, all of the value of $650, of the goods and chattels of one Charles W. Fogg, then and there in the shop of said Fogg being found, feloniously did steal, take and carry away, against the peace [concluding as in Form No. 499]. Form No. 525. (Precedent from Larned v. Com., 53 Mass., 12 Metc., 241.) [Follow Form No. 499 to the *, and add:| The jurors for said commonwealth on their oath present that Jere- miah Larned and Patrick Lynch, late of Worcester, in the county of Worcester, at Millbury, in the county aforesaid, on the fifteenth day of August, in the year of our Lord one thousand nine hundred and ...., on the night of said day, with force and arms, the office of the president, directors and company of the Millbury Bank, a corporation duly and legally. established, there situate, feloniously and burglariously, did break and enter, with intent the goods, chattels and moneys of said corpora- tion, in said office then and there being, then and there BURGLARY—OF STORE OR OFFICE. 353 feloniously and burglariously to steal, take and carry away, and divers bank bills, amounting j in the whole to the sum of seventeen thousand dollars, and of the value of seventeen thousand dollars, of the goods, chattels and moneys of said corporation, in the office aforesaid, then and there being found, then and there feloniously and burglariously did steal, take and carry away, in the office aforesaid, against the peace of the Commonwealth, and contrary to the form of the statute in such case made and provided. District Attorney. MICHIGAN. ; Form No. 526. | (Precedent from Cole v. People, 37 Mich. 546.) 4 |. State of Michigan, es ‘County of Livingston. \ |The Circuit Court for the County of Livingston. | Andrew D. Waddell, Prosecuting Attorney for the ‘county of Livingston aforesaid, for and in behalf of the People of the State of Michigan, comes into said Court ‘in the September term thereof, 19.., and gives it here to understand and be informed that Ira Cole, late of the township of Hartland, in the county of Livingston and ‘State of Michigan, heretofore, to-wit: on the twenty- fifth day of December, in the year one thousand nine hundred and .......... , at the township of Hartland, in said Livingston county, at about the hour of two o’clock in the night-time of said day, the store of Jacob S. Gris- , wold and James H. Norbert, then and there situated, not adjoining to or occupied with a dwelling-house, felo- niously did break and enter with the intent then and there the goods and chattels of said Jacob S. Griswold and James H. Norbert in the said store then and there being found, then and there feloniously and burglariously to Crim. Proc. Forms—28 354 SPECIFIC CRIMES. steal, take and carry away, contrary to the form of the statute in such case made and provided, contrary to the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan. Andrew D. Waddell, Prosecuting Attorney for the County of Livingston. MISSOURI. Form No. 527, [Commence as in Form No. 36, and add:] The grand jurors for the state of Missouri, impaneled, sworn, and charged to inquire within and for the county of Andrew and state aforesaid, do present and charge that Wm. Tyrrell, on the twenty-eighth day of October, A. D. 19.., at the county of Andrew and state of Missouri,* did felo- niously and burglariously break into and enter a certain building of one Neal Barman, there situate, the same being used and occupied by the said Neal Barman as a saloon, by unlocking an outer door of said building by means of afalse key, the same being a building in which divers goods, merchandise and valuable things were then and there kept for sale and deposited, with intent the goods, merchandise and valuable things in the said build- ing then and there being, then and there feloniously and burglariously to steal, take and carry away, against the peace and dignity of the state. VIRGINIA. Form No. 528. (Precedent from Vaughan v. Com., 17 Gratt. 577.) [Title and venue.] The jurors of the commonwealth of Virginia in and for the body of the county of Rockbridge, and now attending the said court, upon their oaths pre- sent that George Vaughan, on the first day of January, BURGLARY—OF STORE OR OFFICE. 355 in the year one thousand nine hundred and ...., in the county aforesaid, did feloniously, in the night time, break and enter, the plough shop of Hugh F. Lyle, with intent, the goods and chattels of the said Lyle then and there being found, feloniously to steal, take and carry away, and one lot of queensware of the value of sixty dollars, one drawing knife of the value of one dollar, one saw of the value of two dollars, and one hatchet of the value of one dollar, then and there being found, feloniously’ did steal, take and carry away, against the peace and dignity of the commonwealth of Virginia. WISCONSIN. Form No. 529. (Precedent from Martin v. State, 79 Wis. 167.) [Title and venue.] I, George P. Rossman, district attorney for said county, hereby inform the court that on the 16th day of January, in the year 19.., at said county, F. G. Martin,* at the store building of R. W. French, situated in the city of Ashland, in said county, in the night time of the same day, then and there unlawfully, feloniously and burglariously did break and enter, with intent then and there the goods, chattels, and property of said R. W. French, then and there in said store build- ing being found, then and there feloniously and burglar- iously to steal, take and carry away against the peace and dignity of the state of Wisconsin. II. I, Geo. P. Rossman, aforesaid, do further inform the court that on the 16th day of January, in the year 19.., at said county, F. G. Martin did, at the store build- ing of M. Silber & Co., situated in the city of Ashland, in said county, in the night time of the same day, then and there unlawfully, feloniously, and burglariously did break and enter, with intent then and there the goods, chattels, and property of said M. Silber & Co., then and there in the said store building “yeing found, then and there felo- 356 SPECIFIC CRIMES. niously and burglariously to steal, take and carry away, against the peace and dignity of the state of Wisconsin. Dated May 27th, 19.. ’ George P. Rossman, District Attorney. FEDERAL. Form No. 530, (Precedent from United States v. Paul, 31 U. S., 6 Pet., 141, 8 L. Ed. 348.) In the Circuit Court of the United States of America for the Southern District of New York. Of the October Term, in the year of our Lord nineteen hundred and .... Southern District of New York, ss. The jurors for the United States of America within and for the circuit and district aforesaid, on their oaths present, that James Paul, late of West Point, on the 10th day of September, in the year of our Lord, 19.., about the hour of ten in the night of the same day, with force and arms, at West Point, in the county of Orange, within the State of New York, under the sole jurisdiction of the United States of America, and within the jurisdiction of this Court, the store of John H. Lane, in which said store goods and merchandise, the property of the said John H. Lane, were kept for use and sale, there situate, feloni- ously and burglariously did break and enter, with intent ‘the goods and merchandise of the said John H. Lane in the said store then and there being found, then and there feloniously and burglariously to steal, take and carry away, against the peace of the people of the United States and their dignity. United States Attorney. h BURGLARY—OF CHURCH. 357 c. A Public Building. 4 A Church. OHIO. Form No. 531. (Precedent substantially from Wilson v. State, 34 Ohio St. 200.) [Follow Form No. 501 to the *, and add:] That Joseph Wilson, late of the said county, on the sixteenth day of February, in the year of our Lord one thousand nine hundred and ...., in the night season of the same day, to-wit, about the hour of twelve at night of the same day, in the county of Greene aforesaid, into the St. Bridget’s Church and Meeting House, the property of Richard Roe and others, as trustees for William Smith and others, parishioners and members of the congregation of the said St. Bridget’s Church and Meeting House, there situ- ate,.and being, did wilfully, maliciously, burglariously, falorniously and forcibly break and enter, with intent, then and there, and thereby, the personal goods, chattels and valuable property of the said Richard Roe and others, as trustees for William Smith and others, parishioners and members of the congregation of the said St. Bridget’s Church and Meeting House, in the said St. Bridget’s Church and Meeting House, then and there being, then and there feloniously, wilfully, and burglariously, to steal, take and carry away, contrary to the form [conclud- ing as in Form No. 501]. wi. A City Hall. MASSACHUSETTS. Form No. 532. (Precedent from Com. v. Williams, 56 Mass., 2 Cush., 583.) [Commence as in Form No. 31, and add:] The jurors for the said commonwealth on their oath present that John Williams, late of Charlestown, in the county of Mid- 358 SPECIFIC CRIMES. dlesex, on the twelfth day of November, 19.., with force and arms, at Charlestown, in the county of Middlesex aforesaid, the city hall of the city of Charlestown, in said county, there situate and erected for public uses, to-wit, the transaction of the municipal business of said city of Charlestown, in the night time of said day, unlaw- fully and burglariously did break and enter, and ten pieces of gold coin, current within this commonwealth, by the laws and usage thereof, called eagles, of the value of ten dollars each, ten other pieces of gold coin current within this commonwealth, by the laws and usages thereof, called sovereigns, of the value of five dollars each, and sundry bank bills amounting together to the sum of five hundred dollars, of the goods, moneys and chattels of the said city of Charlestown, then and there, in the city hall aforesaid, being found, feloniously did steal, take and carry away in the city hall aforesaid, against the peace [concluding as in Form No. 499]. ui. A County Court House. DELAWARE. Form No. 533. Kent County, ss. The grand inquest for the State of Delaware and the body of Kent county, on their oath and affirmation, respectively, do present, that John Doe, late of Hast Hundred, in the county, aforesaid, on the twenty-ninth day of December in the year of our Lord one thousand nine hundred and ...., about the hour of eleven in the night time of the same day, with force and arms, at East Hundred aforesaid, in the county aforesaid, the County Court House of the county of Kent, there situate, in which said County Court House certain public records, to-wit, the record of all mortgages in said county, were then and there kept and deposited, feloniously did break BURGLARY—OF POST-OFFICE. 399 and enter into, then and there with intent then and there to alter, obliterate, deface, destroy and injure said public records then and there being, against the form of the act of the general assembly in such case made and provided and against the peace and dignity of the state. Deputy Attorney General: tv. A United States Post-Offce. Form No. 534. In the district Court of the United States of America, District of Rhode Island. Of the February Term, in the year of our Lord one thousand nine hundred and .... District of Rhode Island, sect: The grand jurors for the United States inquiring for the district of Rhode Island, upon their oath present that John Doe, late of the city of Pawtucket in said district, on the fifteenth day of December, in the year of our Lord one thousand nine hundred and ...., at the city of Pawtucket aforesaid, in the district aforesaid, unlawfully and feloniously did forcibly break into a post-office, to-wit, the post-office of the said United States at the city of Pawtucket aforesaid (or a certain building then and there used in part as a post-office of the said United States), with intent of him the said John Doe, the moneys, postage stamps, goods and chattels of the said United States (or the goods, chat- tels and property of Samuel Short, in the said post-office then and there being, or in the part of the said building used as a post-office as aforesaid then and there being), then and there feloniously and burglariously to steal, take and carry away, against the peace and dignity of the 360 SPECIFIC CRIMES. said United States, and contrary to the form of the statute of the same in such case made and provided. ee United States Attorney, v. A Sheriff’s Office. TEXAS. Form No. 535. (Precedent from Bigham v. State, 31 Tex. Cr. Rep. 245, 20 S. W. 577.) [Follow Form No. 516 to the *, and add:] That Charles C. Bigham, on or about the third day of September, 19.., did then and there, unlawfully, and in the day time, in the county and State aforesaid, by force and fraud, break and enter the sheriff’s office, in said county of Young, State of Texas, and did then and there, by force and fraud, enter a certain vault situated in said sheriff’s office, then and there occupied by and in the possession of and under the control of T. B. Collier, sheriff of said county, with the intent of the said Charles C. Bigham then and there to commit theft; and the said Charles C. Bigham did then and there, on the day and date last aforesaid, and in the manner and form as stated, fraudu- lently take from the possession of T. B. Collier (7) seven dollars, lawful money of the United States of America, and of the value of (7) seven dollars, the same being then and there within said vault, and in said office as aforesaid, and the same being then and there the corpo- real personal property of the said T. B. Collier, without the consent of T. B. Collier, and with the intent of the said Charles C. Bigham to deprive the said T. B. Collier of the value thereof, and with the intent to appropriate the same to the use and benefit of him, the said Charles C. Bigham, against the peace and dignity of the State. [Signature as in Form No. 516.] BURGLARY—OF RAILROAD CAR. 361 d. A Railroad Car. ALABAMA. Form No. 536. (Ala. Crim. Code 1886, p. 268, No. 21.) [Follow Form No. 490 to the *, and add:] with intent to commit murder, broke into and entered a railroad ear, the property of the Louisville and Nashville Railroad Company, a corporation under the laws of the State of Kentucky, upon or connected with a railroad in this state, in which goods, merchandise, or furniture, valuable things, were kept for use, deposit, or transportation as freight, against [concluding as in Form No. 490]. ILLINOIS, Form No. 537. (Precedent from Lyons v. People, 68 Ill. 273.) [Follow Form No. 505 to the *, and add:] that Michael Lyons and Stephen Shevelin, late of said county, on the thirteenth day of December, in the year of our Lord one thousand nine hundred and ...., at and within the said county of La Salle and state aforesaid, in the night time of the same day, a freight railroad car of the Illinois Cen- tral Railroad Company, incorporated as such railroad company under the laws of the State of Illinois, by virtue of an act of the General Assembly thereof, feloniously, willfully, maliciously and forcibly did then and there break and enter, with intent the goods and chattels of the said Illinois Central Railroad Company, 1n the said freight railroad car. then and there being, feloniously to steal, take and carry away, contrary [conctuding as in Form No. 505]. 362 SPECIFIC CRIMES, IOWA. Form No. 538. (Precedent from State v. McIntire, 59 Iowa 265, 13 N. W. 286.) [Follow Form No. 491 to the *, and add:| The said Geo. Eply and Daniel McIntire, on the 12th day of May, 19.., in the county of Henry, and State of Iowa, afore- said, unlawfully, feloniously, and burglariously, did break and enter a railroad car in the possession, care, control and custody of the Chicago, Burlington & Quincy Rail- road Company, a corporation doing business under the laws of Iowa, the owners of said car being to the jurors unknown, in which said railroad car goods, merchandise and other valuable things were kept for use, sale and deposit, with the felonious intent the said goods, merchan- dise and other valuable things, then and there, being found, feloniously, to take, steal and carry away, contrary to the form of the statute in such case made and provided. | wee ee eee ee eee sere eer eae 9 District Attorney. e. A Stable or Building Within the Curtilage of a Dwelling-House. ARKANSAS, Form No. 539. (Precedent from Dodd v. State, 33 Ark, 518.) [Commence as in Form No. 12, and add:] The grand jury of Pulaski county in the name and by the authority of the state of Arkansas, accuse F. C. Dodd of the crime of burglary, committed as follows, viz.: The said F. OC. Dodd, on the 17th day of December, 19.., in the county of Pulaski aforesaid, and at the hour of eight o’clock of the night of said day, the stable of David Lowe, there situate, then and there feloniously and burglariously did break and enter with intent the goods and chattels of said David Lowe in said stable then and there being, then BURGLARY—OF STABLE, ETC. 363 and there feloniously and burglariously to steal, take and carry away; said goods and chattels being of the value of $200; against the peace [concluding as in Form No. 498]. OHIO. Form No. 540. (Precedent from Blackburn v. State, 50 Ohio St. 429, 36 N. E. 18.) [Follow Form No. 501 to the *, and add:] that David Blackburn, about the hour of twelve o’clock in the night season of the fourth day of April, in the year one thou- sand nine hundred and ...., in the county of Montgom- ery, aforesaid, into a certain stable of Amos B. Miller and Eva W. Miller there situate and being, willfully, maliciously, forcibly and burglariously did break and enter, with intent thereby then and there the personal goods, chattels, property and money of said Amos B. Miller and Eva W. Miller in said stable then and there being feloniously, to steal, take and carry away; and thirty-seven chickens, each of the value of forty cents, and of the aggregate value of fourteen dollars and eighty cents of the personal property of said Amos B. Miller, then and there being found, then and there unlawfully and burglariously did steal, take and carry away, con- trary to the [concluding as in Form No. 501]. SOUTH CAROLINA. Form No. 541, (Precedent substantially from State v Evans, 18 S. C. 187.) [Commence as in Form No. 57, and add:] At a Court of General Sessions begun to be holden in and for the county of Abbeville, in the state of South Carolina, at Abbeville Courthouse, in the county and state aforesaid, on the first Monday in February, in the year of our Lord one thousand nine hundred and .... The jurors of and for the county of Abbeville aforesaid, in the state afore- 364 SPECIFIC CRIMES. said, that is to say upon their oaths present that George Evans, late of the county and state aforesaid, on Feb- ruary seventh, 19.., with force and arms, at Abbeville Courthouse, in the county and state aforesaid, in the night time of the same day, the dwelling-house, that is to say, the gin-house situate within the curtilage of the said dwelling-house of one James D. Fooshe and within two hundred yards of the said dwelling-house of the said James D. Fooshe, and appurtenant thereto, in the county and state aforesaid, feloniously and burglariously did break and enter with intent the goods, chattels and per- sonal property of the said James D. Fooshe then and there being, then and there feloniously and burglariously to steal, take and carry away, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of South Carolina. i Monta Se ae ae we pe ee x , Solicitor. WEST VIRGINIA. Form No, 542. (Precedent from State v. Betsall, 11 W. Va. 705.) [Commence as in Form No. 67, and add:] The grand jurors of the state of West Virginia, in and for the body of the said county of Wood, and now attending the said court, upon their oaths present, that Fred. Betsall, on the fifteenth day of March, in the year of our Lord one thousand nine hundred and ...., in the said county, did feloniously break and enter a certain outhouse called a barn, and used and occupied as a wareroom, the property of one W. P. Maddox, and not adjoining to or occupied with the dwelling-house of the said W. P. Maddox, with the intent, the goods and chattels of the said W. P. Mad- dox, in the said outhouse, called a barn, and used and occupied as a wareroom, then and there being feloniously to steal, to take, and carry away, and sixteen opossum skins, of the value of four dollars ($4.00), and thirty-five BURGLARY—OF STOREHOUSE, ETC. 365 skunk skins, of the value of twenty dollars ($20.00), of the value of twenty-four dollars ($24.00) of the goods and chattels of the said W. P. Maddox, in the said out- house, called a barn, and used: and occupied as a ware- room, there and then being found, did feloniously steal, take and carry away, against the peace and dignity of the state. Upon the information of Bur Hurden, Chas. Woods and De L. Davis, sworn in open court, and: sent to the grand jury to give evidence on this indictment. f. Storehouse, Warehouse or Factory. ALABAMA. Form No. 543. (Ala. Crim. Code, 1886, p. 268, No. 20.) [Follow Form No. 490 to the *, and continue:] with intent to steal, broke into and entered the warehouse of Richard Roe and Thomas Smith, being co-partners in business under the firm name and style of Roe and Smith, in which goods, merchandise and clothing, things of value were kept for use, sale or deposit, against [con- cluding as in Form No. 490]. ‘ Form No. 544. (Precedent from Hurt v. State, 55 Ala. 215.) [Follow Form No. 490 to the *, and add:] with intent to steal, broke into and entered the dwelling-house, shop, store, warehouse, smoke-house, or other building of T. C. Clark, in which goods, merchandise, meat, flour, things of value, were kept for use, sale or deposit, against [con- cluding as in Form No. 490}. 366 SPECIFIC CRIMES. GEORGIA. Form No. 545. (Precedent from Williams v. State, 46 Ga, 213.) [Commence as in Form No. 21, and add:| In the name and behalf of the citizens of Georgia, charge and accuse William Williams, of the county aforesaid, of the offense of burglary :* for that the said William Williams, in the county aforesaid, on December 8th, 19.., about the hour of seven o’clock, in the night time of the same day, with force and arms, the store-house of one James Zachry, there situate, where valuable goods, wares and merchan- dise, to-wit: silk dresses, gloves and money were con- tained and stored, feloniously and burglariously did break and enter with intent, the goods and chattels of said James Zachry, in said storehouse then and there being, then and there feloniously and burglariously to steal, take and carry away, contrary to the laws of the said State, the good order, peace and dignity thereof. Prosecutor. September Term, Superior Court, A. D.19.. Form No. 546. (Precedent from Bethune v. State, 48 Ga. 506.) [Follow Form No. 545 to the *, and add:] for that, on the 11th day of July, in the year of our Lord 19.., in the night of the same day, in said State and county, the said William Bethune, with force and arms, the wood-shop, a house of business of one certain Cash Stevenson, where valuable goods, wares, produce, and other articles of value were contained and stored, then and there situate, feloniously and burglariously, did break and enter, with intent, the goods and chattels in said wood-shop so as above described, then and there contained and stored, BURGLARY—OF STOREHOUSE, ETC. 367 then and there feloniously and burglariously to steal, take and carry away [concluding as in Form No. 545]. INDIANA, Form No. 547. (Precedent from Edwards v. State, 62 Ind. 34.) [Commence as in Form No. 24, and add:] The grand jury within and for the county of Madison and State of Indiana, duly and legally impanelled, charged and sworn to enquire into all felonies and certain misdemeanors in and for the body of said county of Madison, in the name and by the authority of the State of Indiana, on their oath do present and charge that Hiram T. Edwards, late of said county, on the 24th day of August, A. D.19.., at said county and State as aforesaid, did then and there unlawfully and feloniously, in the night-time, burgla- riously break and enter into the store-house of Hosea Funk, there situate, with intent then and there one thou- sand cigars, of the value of twenty-five dollars, the per- sonal property, goods and chattels of Hosea Funk, then and there being, then and there feloniously and burglar- iously to steal, take and carry away, contrary to the statute in such cases made and provided, and against the peace and dignity of the State of Indiana. Prosecuting Atlomney: IOWA. Form No. 548. (Precedent from State v. Franks, 64 Iowa 40.) [Commence as in Form No. 25, and add:] The grand jury of the county of Washington, in the name and by the authority of the state of Iowa, accuse William Franks, ‘James Hall and Frank Fitzgerald of the crime of bur- glary, committed as follows: The said William Franks, James Hall and Frank Fitzgerald on the first day of 368 SPECIFIC CRIMES. November, in the year of our Lord one thousand nine hundred and ...., in the county and state aforesaid, at about the hour of two o’clock in the morning, and in the night time of said day, with force and arms, did unlaw- fully, feloniously and burglariously break and enter a certain dwelling-house belonging to and the property of the estate of W. F. Rodman, deceased, said dwelling- house being a building in which goods, merchandise and valuable things were kept for use, sale and deposit by the surviving widow and children—heirs-at-law—of said W. EF. Rodman, deceased, with the felonious intent by the said William Franks, James Hall and Frank Fitzgerald then and there feloniously to take, steal and carry away the property of the said widow and children, heirs-at-law of the said W. F. Rodman, deceased, and then and there to commit a public offense, to-wit, larceny, contrary to and in violation of law. eee om emer moe eee ere ee ee Dist. Atty. 6th Judicial District of Tows. MASSACHUSETTS. Form No. 549. (Precedent from Com, v. Darling, 129 Mass. 112.) [Commence as in Form No. 31, and add:| The jurors for the Commonwealth of Massachusetts, upon their oath present, that Albert R. Pemberton, late of Haverhill in said county of Essex, on the first day of February in the year of our Lord one thousand nine hundred and ...., and in the night-time of said day, at Haverhill, in the county of Essex aforesaid, the building of one George H. Nichols, James M. Nichols and George H. Leighton, situ- ated in said Haverhill, the said building being then and there occupied by said George H. Nichols, James M. Nich- ols and George H. Leighton as a shop, feloniously and burglariously did break and enter with intent then and there in said building feloniously and burglariously to BURGLARY—OF STOREHOUSE, ETC. 369 commit the crime of larceny, against the peace of the Commonwealth aforesaid, and contrary to the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do further present, that said Albert R. Pemberton, on the first day of February, in the year aforesaid, at said Haverhill, six dozen sheep roans, of the value of five dol- lars each dozen, and five hundred and sixty pairs of soles, of the value of ten cents each pair, of the goods and chattels of the said George H. Nichols, James M. Nichols, and George H. Leighton, and then and there in the pos- session of said George H. Nichols, James M. and Leighton being found, in the building of said George'H. Nichols, James M. and Leighton, in said Haverhill, then and there feloniously did steal, take and carry away in the building aforesaid, against the peace of the Commonwealth afore- said, and contrary to the form of the statute in such case made and provided. And the jurors aforesaid, upon their oath aforesaid, do further present, that Warren R. Goodwin and Benja- min F, Darling afterwards, on the first day of February in the year aforesaid, at said Haverhill, the goods and chattels aforesaid, so as aforesaid feloniously stolen, taken and carried away, feloniously did receive and have, and did then and there aid in the concealment of the same, the said Goodwin and Darling each then and there well knowing the said goods and chattels to have been feloniously stolen, taken and carried away, against the peace of the Commonwealth aforesaid and contrary to the form of the statute in such case made and provided. District Attorney. Crim. Proc. Forms—24 370 SPECIFIC CRIMES. MISSOURI. Form No. 550. (Precedent from State v. Henley, 30 Mo. 511.) [Follow Form No. 527 to the *, and add:] feloniously and forcibly did break into and enter a certain meat- house and building, the property of one Jesse B. Baber, then and there being, by forcibly breaking the lock and door thereof, in which said meat-house and building there were then and there, at the time aforesaid, goods, wares and merchandise and other valuable things kept and deposited; and that the said Stephen Henley so broke into and entered said meat-house and building as afore- said, with intent then and there to commit a larceny by then and there feloniously stealing, taking and carrying away the goods, chattels and personal property of the said Jesse B. Baber, and five pieces of pork of the value of ten dollars, five pieces of bacon of the value of ten dollars, eighty pounds of pork of the value of ten dol- lars, and one bag of meal of the value of one dollar, all of the goods, chattels and personal property and valuable things of the said Jesse B. Baber, then and there being found in said meat-house and building, he, the said Stephen Henley, did then and there feloniously steal, take and carry away, contrary [concluding as in Form No. 527]. NEW YORK. Form No. 551. [Follow Form No. 509 to the *, and add:] third degree committed as follows: The said John Doe late of the fourth ward of the city of New York, in the county of New York aforesaid, on the twenty-ninth day of December in the year of our Lord one thousand nine hundred and ...., in the day time of the same day, at the ward, city and county afore- BURGLARY—OF STOREHOUSE, ETC. 371 said,* a certain building (or a room in a certain build- ing) there situate, to-wit, the storehouse (or the shop) of one Richard Roe, feloniously and burglariously did break into and enter, with intent to commit some crime therein, to-wit, the goods, chattels and personal property of the said Richard Roe, in the said storehouse (or shop) then and there being [concluding as in Form No. 509]. NORTH CAROLINA. Form No. 552. (Precedent from State v. Pearson, 119 N. C. 871, 26 S. EB. 117.) [Commence as in Form No. 47, and add:] The jurors for the state upon their oaths, present that S. B. Pear- son, Jacob Poteet and Will Chambers, late of the county of Burke, on the fifteenth day of December, A. D. 19..,* in the night-time, about the hour of 11 o’clock, in the night of the same day, with force and arms, willfully, unlawfully, forcibly, feloniously, and burglariously did break and enter a certain store-house, warehouse, and building, the property of Collett & Jeter, then and there in the occupation and possession of one J. H. McNeely, wherein were then and there situate and kept and con- tained certain personal property of J. H. McNeely, to-wit, beer, wines, and spirituous liquors, with the intent then and there willfully and feloniously to steal, take, and carry away said personal property, to-wit, the beer, wines and spirituous liquors, of him, the said MeNeely,! contrary [concluding as in Form No. 500]. OHIO. Form No. 553. (Precedent from Spencer v. State, 13 Ohio St. 401.) [Follow Form No. 501 to the *, and add:] that Thomas Spencer, late of the county of Scioto aforesaid, on July 1, 19.., about the hour of one o’clock, in the night sea- son of the same day, with force and arms, at the county 372 SPECIFIC CRIMES. of Scioto aforesaid, the warehouse of one William Mad- dox, there situate, willfully, maliciously, forcibly, and burglariously, did break and enter, with intent, the goods and chattels of Samuel Shipman, in the said warehouse, then and there being found, then and there willfully, maliciously, forcibly and burglariously to steal, take, and carry away, contrary to the statute in such case made and provided, and against the peace and dignity of the State of Ohio. DU aaa Dee ee tudo: ; Prosecuting Attorney. OREGON. Form No. 554, (Precedent from State v. Wright, 19 Ore, 258, 24 Pac. 229.) [Venue and Title as in Form No. 58, and add:| Henry Wright and James Allen are accused by the grand jury of the county of Union, and State of Oregon, by this indictment, of the crime of burglary, committed as fol- lows: The said Henry Wright and James Allen, then and there, acting together, on the twenty-eighth day of November, A. D. 19.., in the county of Union and State of Oregon, unlawfully, feloniously and burglariously broke and entered a granary, the same being then and there a building in which there was at the time property kept, to-wit, wheat, the same being then and there the personal property of one John N. Smith, with the intent then and there and thereby they, the said Henry Wright and James Allen, the said wheat so kept, in said granary as aforesaid, unlawfully and feloniously to take, steal and carry away, contrary to the statutes in such cases made and provided, and against the peace and dignity of the State of Oregon. Dated at Union, in the county aforesaid, this twenty- sixth day of September, A. D. 19.. Ce eee District Attorney. BURGLARY—OF STOREHOUSE, ETC. 3873 VIRGINIA, Form No. 555. (Precedent from Speers v. Com., 17 Gratt. 571.) [Title and Venue as in Form No. 65, and add:| The jurors in and for the body of the county of Albemarle and now attending the said court, upon their oaths present that Harrison Speers, on the first day of June in the year one thousand nine hundred and ...., in the county aforesaid, a certain meat-house, not adjoining to or occu- pied with the dwelling house, of one Mrs. Nannie Garret, there situate, in the night-time, feloniously did break and enter, with intent, the goods and chattels of the said Mrs. Nannie Garret, in the said meat-house, then and there being, then and there, feloniously to steal, take, and carry away, and thirteen pieces of bacon of the value of thirty-one dollars and fifty cents, of the property of said Nannie Garret, then and there found, then and there did feloniously steal, take and carry away, against the peace and dignity of the commonwealth of Virginia. WISCONSIN. Form No. 556.. (Precedent from Clark v. State, 69 Wis. 205, 2 Am. St. Rep. 732, 33 N. W. 436.) [Follow Form No. 529 to the *, and add:] the unfin- ished dwelling-house of one Fred Frady, then and there in the custody and possession of said Fred Frady, and there situate, in the night of said day, then and there unlawfully, feloniously, and burglariously did break and enter, with intent then and there the tools, goods, chat- tels and property of one Peter Oman and one Charles Gesch, then and there in said dwelling-house found, then and there feloniously and burglariously to steal, take and [concluding as in Form No. 529]. 374 SPECIFIC CRIMES. g. A Tent. CALIFORNIA. Form No. 557. [Title and Venue as in Form No. 18, and add:| T. J. Hart, district attorney for said county of Colusa, state - of California, here in open court, by this information filed this thirteenth day of September, 19.., informs this honorable Superior Court, that the crime of burglary was committed by Samuel Nelson, Charles Vickers and James Herbert as follows: The said Samuel Nelson, Charles Vickers and James Herbert are hereby accused by the said district attorney of Colusa county of the crime of burglary, committed on the twenty-fifth day of August, 19.., at and in said county of Colusa, and state of California, unlawfully, feloniously, and burglariously, did forcibly enter the tent, room and apartment of one G. W. Miller, with the intent, then and there to commit grand larceny contrary to the form, force and effect of the statute in such cases made and provided and against the peace and dignity of the people of the state of Cali- fornia. Dated September 13, 19.. : TJ: Hart, District Attorney of said County of Colusa. B. ARMED WITH A DANGEROUS WEAPON. a. At Time of Entry. NEW YORK. Form No. 558. [Follow Form No. 509 to the *, and add:] first degree committed as follows: The said John Doe, late of the fourth ward of the city of New York, in the county of New York aforesaid, on the twenty-ninth day of December in the year of our BURGLARY—ARMED, DANGEROUS WEAPON. 375 Lord one thousand nine hundred and ...., in the night time of the same day, at the ward, city and county afore- said, the dwelling-house of one Richard Roe there situate, feloniously and burglariously did break into and enter, there being then and there a human being within said dwelling-house to-wit, the said Richard Roe (or whose name is to the grand jurors unknown), with intent to commit some crime therein, to-wit, the goods, chattels and personal property of the said Richard Roe in the said dwelling-house then and there being, then and there felo- niously and burglariously to steal, take and carry away,* the said John Doe being then and there armed with a dangerous weapon, to-wit, a dagger. ee Y District Attorney of the City and County of New York. OHIO. Form No. 559. [Follow Form No. 501 to the *, and add:] that John Doe, late of the said county, on the first day of January in the year of our Lord one thousand nine hundred and .., about the hour of twelve in the night season of said day, unlawfully did break and enter the mansion house of one Richard Roe in said county, in which said mansion house said Richard Roe then and there did reside and dwell, with intent to commit a felony, to-wit, murder,* he, the said John Doe, being then and there armed with a certain dangerous weapon, to-wit, a revol- ver loaded with five cartridges made up respectively of a metallic shell, a charge of powder and a leaden ball, so as then and there and thereby to indicate a violent and unlawful intention, contrary to [concluding as mm Form No. 501]. 376 SPECIFIC CRIMES. OREGON. (Hill’s Ann. Laws 1892, p. 1004, No. 14.) Form No. 560, [Follow Form No. 502 to the *, and add:] having entered in the night time a dwelling-house in which there was at the time a human being, namely, one Sarah Ford (or whose name is unknown to the grand jury), with intent to commit rape therein,* was armed with a danger- ous weapon therein, contrary to [concluding as in Form No. 502]. ¢ b. After Entry. NEW YORK. Form No. 561, [Follow Form No. 558 to the *, and add:] the said John Doe then and there arming himself with a danger- ous weapon, to-wit, a pistol loaded with a charge of pow- der and a leaden ball. eeeereeer eee eee ree eeeren District Attorney of the City and County of New York. C. AND ASSAULTING SOME PERSON, NEW YORK. Form No. 562, [Follow Form No. 558 to the *, and add:] the said John Doe, then and there, while engaged in the night time in effecting said felonious and burglarious entrance (or while engaged in committing said crime in said dwelling-house or while engaged in escaping from said dwelling-house), did assault a person, to-wit, the said Richard Roe. eect ree eee eer eee eee eee District Attorney of the City and County of New Tore BURGLARY—ARMED, DANGEROUS WEAPON. 377 Form No. 563. [Follow Form No. 559 to the *, and add:] and then and there in said mansion house, the said John Doe in and upon the said Richard Roe in said mansion house then and there being, unlawfully and forcibly did make an assault, and then and there him, the said Richard Roe, unlawfully did strike, beat and ill-treat, and so the said John Doe, then and there, in manner aforesaid, in and upon the said Richard Roe unlawfully did commit per- sonal violence and abuse, contrary to [concluding as in Form No. 501]. OREGON. Form No. 564, [Follow Form No. 560 to the *, and add:] committed an assault upon Leonard A. Ford, a person lawfully then in said house, contrary to [concluding as in Form No. 502]. D. BEING ASSISTED BY A CONFEDERATE. MISSOURI. Form No. 565, [Commence as in Form No. 36, and add:] The grand jurors for the state of Missouri, impaneled, sworn, and charged to inquire within and for the body of the county of Barton and state of Missouri, upon their oaths present and charge that John Doe, on the twenty-ninth day of . December, A. D. 19.., in the county aforesaid, did then and there unlawfully, feloniously and burglariously break into and enter the dwelling-house of Richard Roe there situate, by picking the lock of an outer door of said dwelling-house, in which said dwelling-house there was at the time a human being, to-wit, the said Richard Roe, the said John Doe being then and there aided and assisted by a confederate actually present, aiding and assisting, 378 SPECIFIC CRIMES. to-wit, Thomas Smith, with intent to commit the crime of larceny therein, to-wit, the goods and chattels of the said Richard Roe, then and there being, then and there to steal, take and carry away, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the state. ee emer ereoeeereoseoseeesee Prosecuting Mornay, NEW YORK. Form No. 566. [Follow Form No. 558 to the *, and add:] or the said John Doe being then and there assisted by a confederate -actually present, to-wit, one John Jones. District Attorney of the City and County of New York. E. WITH DEADLY DRUG ON PERSON. ILLINOIS. Form No. 567. [Follow Form No. 505 to the t, and add:] the said John Doe then and there having upon his person (or in his possession) a deadly drug, to-wit, cyanide of potas- sium, contrary [concluding as in Form No. 505]. 2. ENTERING WITHOUT BREAKING. CALIFORNIA. Form No. 568. (Precedent from People v. Hall, 94 Cal. 596, 30 Pac. 7.) [Commence as in Form No. 13, and add:] George Hall is accused by the district attorney of the said Yolo county, by this information, of the crime of burglary, committed .as follows: BURGLARY—ENTERING WITHOUT BREAKING. 379 The said George Hall, on or about the twenty-eighth day of June, 19.., in the said county of Yolo, state of California, then and there being, did willfully, unlaw- fully, and feloniously, enter a certain dwelling-house, which said dwelling-house was then and there the prop- erty of one Joseph Glide, with intent then and there to commit grand and petit larceny, contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state of California. Dated December 3, A. D. 19.. District Attorney of said County of Yolo. NORTH CAROLINA. Form No. 569, (Precedent from State v. Hughes, 86 N. C. 663.) [Commence as in Form No. 47, and add:| The jurors for the state upon their oaths present, that Willis Hughes, late of Vance county aforesaid, on the first day of August, 19.., with force and arms at and in the county aforesaid, a dwelling-house of one E. G. Davis there sit- uate, then occupied by one Frank Ward, about the hour of eleven on the night of the same day, unlawfully and - wilfully did enter otherwise than by breaking, with intent the goods and chattels and moneys of the said E. G. Davis in the said dwelling-house then and there being, then and there feloniously and wilfully to steal, take and carry away, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state. heathen ake See eEy woes , Solicitor. 380 SPECIFIC CRIMES. 3. BREAKING OUT OF A BUILDING. NEW YORK. Form No. 570. [Follow Form No. 551 to the *, and add:] being in the warehouse of one Richard Roe, there situate, feloniously ‘ and burglariously committed a crime therein, to-wit, one gold hunting case watch, of the value of seventy-five dol- lars, of the goods, chattels and personal property of the said Richard Roe in the said warehouse then and there being, in the said warehouse then and there feloniously and burglariously did steal, take and carry away, and then and there having committed the crime in manner and form aforesaid, the said John Doe feloniously and burglariously did break out of said warehouse of said Richard Roe. [Conclude as in Form No. 509.] OREGON. Form No. 571, [Follow Form No. 560 to the *, and add:] broke such dwelling-house by forcibly bursting or breaking the wall (or outer door or a window or a shutter of a window) of such house contrary to [concluding as in Form No. 502]. 4, ATTEMPT TO COMMIT BURGLARY. MASSACHUSETTS. Form No. 572. (Precedent from Com. v. Shedd, 140 Mass. 451, 5 Am. Cr. Rep. 61.) [Follow Form No. 499 to the t, and add:] a certain building, to-wit, the dwelling-house of one Sylvester K. Abbott, there situate, in the night-time of said day, felo- niously did attempt to break and enter, with intent the goods and chattels in said building, then and there being found, then and there feloniously to steal, take and carry BURGLARY—ATTEMPTS TO COMMIT, 381 away, and in such attempt did then and there break and open three windows in said dwelling-house; but that the defendant was then and there intercepted and prevented in the execution of said offense, against [concluding as in Form No. 499]. NORTH CAROLINA. Form No. 573. (Precedent from State v. Jordan, 75 N. C. 27.) [Follow Form No. 552 to the *, and add:] did attempt to commit an offense prohibited by law, to-wit: did felo- niously, burglariously, maliciously and secretly attempt to break and enter the dwelling-house of one Spier Whit- aker, there situate, in the night time of the day afore. said, by being then and there in the porch of said dwell- ing-house, and by then and there endeavoring feloniously, burglariously, maliciously and secretly, to break open the door and window of said dwelling-house with the intent [concluding as in Form No. 552]. PENNSYLVANIA. Form No. 574. (Precedent from Hackett v. Com., 15 Pa. St. 95.) [Commence as in Form No. 55, and add:] The grand inquest of the Commonwealth of Pennsylvania, inquir- ing in and for the body of the county of Potter, upon their oaths and affirmations, respectively do present that Seymour Hackett, late of the county aforesaid, on the 24th day of June, A. D. one thousand nine hundred and Eesiela's , in the night time of the said day aforesaid, at the township of Roulet, in the county aforesaid, and within the jurisdiction of this court, did attempt to commit an offense prohibited by law, to-wit, with force and arms, with an axe and with a small axe commonly called a hatchet, with a wicked intent on the dwelling-house of Debold Hare, a citizen of this State, in the night time, 382 SPECIFIC CRIMES. feloniously and burglariously did break and with the intent with said axe and hatchet to open and enter, and the goods and chattels of the said Debold Hare, in the same dwelling-house being, feloniously and burglariously to steal and carry away, but said Seymour Hackett did then and there fail in the perpetration of said offense, and was interrupted and prevented in the execution of the same against the will of the said Seymour Hackett, and contrary to the statute in such case made and provided, and against the peace and dignity of the Commonwealth of Pennsylvania. 5. POSSESSION OF BURGLARIOUS IMPLEMENTS. ALABAMA. Form No. 575. _ (Ala. Crim. Code, 1886, p. 268, No. 22.) [Follow Form No. 490 to the *, and add:] had in his possession an implement or instrument designed and intended him to aid in the commission or burglary or larceny, in this state, or elsewhere, against [concluding as in Form No. 490]. MASSACHUSETTS. Form No. 576. (Precedent from Com. v Tivnon, 74 Mass., 8 Gray, 375, 69 Am. Dec. 248.) [Commence as in Form No. 31, and add:] The jurors for said commonwealth on their oath present that Hugh Tivnon and James Joknson, late of Boston, in the county of Suffolk, at Boston, in the county aforesaid on the second day of November, A. D. 19.., did feloniously and knowingly have in their possession certain imple- ments, that is to say, thirty-seven false keys, four skele- ton keys, three wax key impressions, one pair of key POSSESSING BURGLARIOUS INSTRUMENTS. 383 forceps, one plate, one jimmy, two bits, one bit-stock, designed and adapted for forcing and breaking open houses, stores, shops, rooms, safes, trunks and vaults, in order feloniously to steal, take and carry away from the owner thereof, any money and other goods and chat- tels therein found; they, the said Tivnon and Johnson, then and there knowing the aforesaid implements to be designed and adapted for the purposes aforesaid, and with the intent then and there of said Tivnon and John- son to use the same for the purposes aforesaid; against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided. PER us HA nheeres , District Attorney. Form No. 577. (Precedent from Com. v. Day, 138 Mass. 187.) [Commence as in Form No. 576, and add:] The jurors for said commonwealth on their oath present that George Day and Samuel Short, late of Lawrence, in the county of Essex at Lawrence in the county aforesaid, on the third day of March, A. D. 19.., did feloniously and knowingly have in their possession certain tools and implements, that is to say, one sectional jimmy, one small jimmy, two pairs of handcuffs, twenty steel twist drills, one spatula, one push screw, twenty-five drills, divers and sundry steel wedges, one extension bit, one bit-stock, one bellows, seven tin spouts, one piece of rubber hose, sundry pieces of fuse, two cans each containing powder, one bottle containing powder, two dark lanterns, adapted and designed for cutting through, forcing, and breaking open houses, stores, shops, rooms, vaults, and safes, in order feloniously to steal, take and carry away from the owner thereof any money and other goods found therein; they, the said George Day and Samuel Short then and there knowing the aforesaid tools and implements to be designed and adapted for the purposes aforesaid, and with the intent then and there of said George Day and 884 SPECIFIC CRIMES. Samuel Short, to use the same for the purposes afore- said, against the peace of the Commonwealth aforesaid, and contrary to the form of the statute in such case made and provided. Ghee Rea SRS , District Attorney. NEW YORK. Form No. 578. [Commence as in Form No. 46, and add:] The grand jury of the city and county of New York, by this indict- ment, accuse John Doe of the crime of unlawfully pos- sessing implements of burglary and larceny committed as follows: The said John Doe, late of the city of New York, in the county of New York aforesaid, on the twenty-ninth day of December in the year of our Lord one thousand nine hundred and ...... , at the city and county aforesaid, unlawfully did have in his possession in the day time of the same day, under circumstances evincing an intent to use and employ the same (or to allow the same to be used and employed or knowing that the same were intended to be used) in the commission of a certain crime to the grand jury aforesaid unknown, certain tools and implements, that is to say, one sectional jimmy, one small jimmy, twenty steel twist drills and one spatula, the same being implements adapted, designed and commonly used for the crime of burglary. eo eer eee eee eee eee seas District Attorney of the City and County of New York, CARRYING WEAPONS. 385 XIV. CARRYING WEAPONS. 1. IN GENERAL. a. At Common Law. NORTH CAROLINA, Form No. 579, (Precedent from State v. Huntly, 25 N. C., 8 Ired. L. 418, 40 Am. Dec, 416.) (Commence as in Form No. 47, and add:] The jurors tor the State upon their oath present, that Robert S. Huntly, late of the county aforesaid, laborer, on the first day of September in the present year, with force and arms, at and in the county aforesaid, did arm himself with pistols, guns, knives and other dangerous and unus- ual weapons, and, being so armed, did go forth and exhibit . himself openly, both in the day time and in the night, to the good citizens of Anson aforesaid, and in a certain highway and before the citizens aforesaid, did openly and publicly declare a purpose and intent, one James H. Ratcliff and other good citizens of the State, then and there being in the peace of God and of the State, to beat, wound, kill, and murder, which said purpose and intent, the said Robert 8. Huntly, so openly armed and exposed and declaring, then and there had and enter- tained, by which said arming, exposure, exhibitions, and declarations of the said Robert S. Huntly, divers good. citizens of the State were terrified and the peace of the State endangered, to the evil example of all others in. like cases offending, to the terror of the people, and against the peace and dignity of the State. iseerdeneereueeke +, Solicitor, Crim. Proc. Forms—25 386 SPECIFIC CRIMES, b. Under Statute. ARKANSAS, Form No. 580, (Precedent from Helt v. State, 52 Ark. 280.) [Commence as:in Form No. 12, aud add:| The grand jury of Lincoln County, in the name and by the authority of the State of Arkansas, accuses J. 8S. Helt of the crime of carrying a weapon, committed as follows, to-wit: The said J. S. Helt, in the county and State aforesaid, on the 20th day of April, 19.., did carry a pistol as a weapon contrary to the statutes in such cases made and provided, and against the peace and dignity of the State of Arkansas. . eer ee LT errr , Prosecuting Attorney. NORTH DAKOTA, Form No. 581, [Commence as in Form No. 49, and add:] In the name and by the authority of the State of North Dakota: The grand jury of the State of North Dakota, in and for the county of Griggs, upon their oaths present, that John Doe, late of said county of Griggs and state of North Dakota, on the first day of December, in the year of our Lord one thousand nine hundred and ........ ,in the county and state aforesaid, did then and there unlaw- fully carry* upon his person a certain slungshot, con- trary to the statute in such case made and provided and against the peace and dignity of the state of North Dakota. TENNESSEE, Form No. 582. (Precedent from State v. Bentley, 74 Tenn., 6 Lea., 206.) [Commence as in Form No. 55, and add:] The grand jurors of the state of Tennessee, duly elected, impan- eled, sworn and charged to inquire within and for the CARRYING WEAPONS. 387 body of the county of Jackson aforesaid, upon their oath aforesaid present: That H. W. Bentley, on the first day of December, in the year of our Lord one thousand nine hundred and ...... , in the county of Jackson aforesaid, then and there * unlawfully did privately carry a cer- tain large knife, to the fear and terror of certain per- sons then and there being, which said knife was then and there a dangerous weapon, aginst the peace and dignity of the state. Mud ones Seeks , Attorney-General. TEXAS. Form No. 583. In the name and by the authority of the State of Texas: The grand jurors for the county of Bexar, state aforesaid, duly organized as such at the February term, in the year of our Lord one thousand nine hundred and Saeeoe , of the District Court for said county, upon their oaths in said court, present, that John Doe, on the first day of January, in the year of our Lord one thousand nine-hundred and ...... , 1n the said county of Bexar, in the state aforesaid, did then and there * unlawfully carry on and about his person (or his saddle or in his saddle- bags) a pistol, against the peace and dignity of the state of Texas. pPPedeeReGeeeees , Foreman of the Grand Jury. WEST VIRGINIA. Form No. 584. State of West Virginia, Preston County, to-wit: The grand jurors for the state of West Virginia, in and for the body of the county of Preston, upon their oaths pre- sent, that John Doe, on the first day of January, in the year of our Lord one thousand nine hundred and ...... ; in the said county, did then and there unlawfully carry 388 SPECIFIC CRIMES, about his person a certain dangerous and deadly weapon, to-wit, a pistol, he, the said John Doe, not then and there carrying said weapon about his dwelling-house or premises; nor from the place of purchase to his dwell- ing-house; nor from his dwelling-house to any place of repair to have said weapon repaired, or back again; nor then and there being an officer charged with the execu- tion of the laws of the state, against the peace and dig- nity of the state. Upon the information of Richard Roe, of said county sworn in open court and sent to the grand jury to give evidence on this indictment. cieeee nee ...-.++-, Prosecuting Attorney. 2. CONCEALED WEAPONS. a. In General. ALABAMA, Form No. 585, (Ala. Crim, Code, 1886, § 3779.) [Commence as in Form No. 10, and add:] The grand jury charge that, before the finding of this indictment, Richard Roe carried a pistol concealed about his person, against the peace and cigmity of the State of Alabama. Solicitor of the Third erent ARKANSAS, Form No. 586, (Precedent from Carr v. State, 34 Ark. 448, 36 Am. Rep. 15.) [Commence as in Form No. 12, and add:] The grand jury of Lee county, in the name and by the authority of the state of Arkansas, accuses James Carr of the crime of carrying weapons, committed as follows, viz.: The said James Carr on the third day of April, A. D.19.., in the county aforesaid, unlawfully did wear a pistol con- CARRYING CONCEALED WEAPONS. 389 cealed as a weapon when not upon a journey, against the peace and dignity of the state of Arkansas. seeuermenwees ...., Prosecuting Attorney. DELAWARE. Form No. 587, September Term, 19.. New Castle County, ss. The grand inquest for the state of Delaware and the body of New Castle county, on their oath and affirma- tion, respectively, do present, that John Doe, late of Christiana Hundred, in the county aforesaid, on the twenty-sixth day of July, in the year of our Lord one thousand nine hundred and ...... , with force and arms at Christiana Hundred, in the county aforesaid, did then and there unlawfully carry concealed a deadly weapon upon and about his person, other than an ordinary pocket knife, namely, a bowie knife, he, the said John Doe, then and there, not being a policeman or other peace oflicer, against the form of the act of the general assembly in such case made and provided and against the peace and dignity of the state. uN Mewar sees , Attorney-General. ere Te ree , Deputy Attorney-General. FLORIDA. Form No. 588. [Commence as in Form No. 20, and add:] The grand jurors of the state of Florida, impaneled and sworn to inquire and true presentment make in and for the body of the county of Lee, upon their oath do present, that John Doe, late of the county of Lee, and state of Florida, on the first day of November, in the year of our Lord one thousand nine hundred and ...... , in the county and state aforesaid,* did then and there unlawfully have and 390 SPECIFIC CRIMES. carry secretly and concealed upon and about his person a weapon (or arms), not being a common pocket knife, to-wit, a pistol, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of Florida. ere eer reer eer , State’s Attorney for the Sixth Judicial Circuit of Florida. GEORGTA,. Form No. 589. [Commence as in Form No. 21, and add:} In the name and behalf of the citizens of Georgia, charge and accuse John Doe, of the county and state aforesaid, with the offense -of misdemeanor; for that the said John Doe, on the eighth day of January, in the year of our Lord one thousand nine hundred and ...... , in the county ‘afore- said, did then and there unlawfully * have and carry about his person concealed, and not in an open manner and fully exposed to view, a certain pistol; contrary to the laws of said state, the good order, peace and dignity thereof. Rie Ree Nese aaa eee eS , Prosecutor. MemeiieeNeoieewere~. , Solicitor-General. Washington Superior Court, February Term, 19.. } INDIANA, Form No. 590. (Precedent from State v. Boss, 74 Ind. 80.) [Commence as in Form No. 24, and add:] The grand jurors for the county of Washington and State of Indiana, upon their oath, present that Napoleon Boss, on the 12th day of October, 19.., at said county, did then and there unlawfully carry, concealed in his pocket and upon his person, a certain dangerous and deadly CARKYING CONCEALED WEAPONS. 391 weapon, to-wit, a pistol, he, the said Napoleon Boss, not being then and there a traveler, contrary to the form of the statute in such cases made and provided and against the peace and dignity of the state of Indiana. ‘MiUEeedbeneuavies , Prosecuting Attorney. IOWA. Form No. 591, [Commence as in Form No. 25, and add:] The grand jury of the county of Webster, in the name and by the authority of the state of Iowa, accuse John Doe of the crime of carrying concealed weapons, committed as fol- lows: The said John Doe, on the fourth day of Decem- ber, A. D. 19.., in the county aforesaid, did then and there unlawfully carry upon his person a concealed weapon, to-wit, a pistol, contrary to the form of the statute in such case made and provided and against the peace and dignity.of the state of Iowa. (cade sere wenina ee , District Attorney. MARYLAND. Form No. 592. State of Maryland, Washington County, to-wit: The jurors of the state of Maryland, for the body of Wash- ington county, upon their oath do present, that John Doe, late of Washington county aforesaid, on the first day of November, in the year of our Lord one thousand nine hundred and ....... , in said county of Washington, did then and there unlawfully wear and carry* concealed upon and about his person a certain dangerous and deadly weapon, not being a penknife, to-wit, a pistol, he, the said John Doe, not then and there being a conservator of the peace entitled or required to carry such weapon as a part of his official equipment, nor carrying said weapon as a reasonable precaution against apprehended dan- 392 SPECIFIC CRIMES. ger, contrary to the form of the act of assembly in such case made and provided and against the peace, govern- ment and dignity of the state. MICHIGAN. Form No. 593. (Precedent from People v. Pendleton, 79 Mich. 318, 44 N. W. 615.) [Title and Venue.] The complaint of John Doe, of Ash- land, in said county, taken and made before me, Abra- ham Kent, a justice of the peace of Ashland, in said county, upon the fifteenth day of July, A. D. 19.., who being duly sworn says, that heretofore, to-wit, on the 22d day of June, 19.., at the township of Ashland, in said county, Daniel E. Pendleton, late of said county, not being an officer of the peace (or a night watch), legiti- mately employed as such, did carry concealed about his person a fire arm called a ‘‘revolver,’’ which then and there was a dangerous weapon, wherefore the said John Doe prays that the said Daniel E. Pendleton may be apprehended and held to answer this complaint, and fur- ther dealt with in relation to the same as law and justice may require. John Doe. Taken, subscribed and sworn before me, the day and year as above written. Abraham Kent, Justice of the Peace. NORTH GAROLINA, Form No. 594, [Commence as in Form No. 47, and add:] The jurors for the state upon their oath present, that John Doe, late of the county of Anson, on the seventeenth day of August, A. D. 19.., with force and arms at and in the county aforesaid, wilfully and unlawfully and not being on his own premises, did have and carry concealed about his CARRYING CONCEALED WEAPONS. 393 person a certain pistol (he, the said John Doe, not then and there being an officer or soldier of the United States army; nor a civil officer of the United States then in the discharge of any official duties as such; nor an officer or soldier of the militia or state guard called into actual service; nor an officer of this state, or of any county, city or town charged with the execution of the laws of this state, acting in the discharge of any official duties as such officer), against the form of the statute in such case made and provided and against the peace and dignity of the state. Ue haa an as + see, Solicitor. NORTH DAKOTA, Form No. 595. [Follow Form No. 581 to the *, and add:] concealed about his person a loaded pistol (or a certain sharp and dangerous weapon, to-wit, a bowie knife), contrary [con- cluding as in Form No. 581]. TENNESSEE. Form No. 596. (Precedent from Aymette v. State, 21 Tenn., 2 Humph., 155.) [Follow Form No. 582 to the *, and add:] did wear a certain bowie knife under his clothes, and keep the same concealed about his person, contrary to the form of the statute, in such case made and provided and against the peace and dignity of the state. And the jurors aforesaid, on their oath aforesaid, do further present, that on the same day in the county afore- said, the said Aymette, did wear a certain other knife and weapon, in form, shape and size resembling the bowie knife, and under the clothes of him the said Aymette, and concealed about the person of him the said Aymette, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state. , Attorney-General. 394 SPECIFIC CRIMES, Form No. 597, (Precedent from State v. Wilburn, 64 Tenn., 5 Baxt., 58.) [Follow Form No, 582 to the *, and add:] did unlaw- fully and wilfully carry an army pistol privately con- cealed about his person and not openly in his hands, against the peace [concluding as in Form No. 582]. VIRGINIA, Form No. 598. In the County Court of said County. Commonwealth of Virginia, County of Amherst, to-wit. } The jurors of the commonwealth of Virginia in and for the body of the county of Amherst, and now attending the said court, upon their oaths present, that John Doe* on the first day of November, in the year one thousand nine hundred and ...., in the county aforesaid, did unlawfully carryt about his person, hid from common observation, a pistol, he, the said John Doe, not then and there being a police officer, town or city sergeant, con- stable, sheriff, conservator of the peace, or collecting officer, acting in the discharge of his official duty, against the peace and dignity of the commonwealth of Virginia. b. Second Offense. ILLINOIS. Form No. 599. [Commence as in Form No. 23, and add:] The grand jurors, chosen, selected and sworn in and for the county of Cook, in the name and by the authority of the people of the state of Illinois, upon their oath present, that John Doe, heretofore, to-wit, on the tenth day of August, in the year of our Lord one thousand nine hundred and ...., at the Circuit Court of the county of La Salle, was CARRYING CONCEALED WEAPONS—IN CITY, ETC. 395 duly tried and convicted of the crime of carrying con- cealed weapons, and was thereupon sentenced to pay a fine of fifty dollars, which said conviction and sentence are still in full force, strength and effect, and not in the least reversed, annulled or made void; and that the said John Doe, being so convicted and sentenced as afore- said, thereafter, to-wit, on the first day of November, in the year of our Lord one thousand nine hundred and .., in the county of Cook aforesaid, did then and there unlawfully carry, concealed upon and about his person, a deadly weapon, to-wit, a dirk, contrary to the form of the statute in such case made and provided and against the peace and dignity of the people of the state of Illinois. State’s Attorney: c. In a City, Town or Village. a. In General. ARIZONA. Form No. 600. [Commence as in Form No. 11, and add:] John Doe is accused by the grand jury of the county of Cochise, by this indictment, of the crime of carrying concealed weapons, committed as follows: The said John Doe, on the first day of November, A. D. 19.., in the city of Tombstone, in the county and territory aforesaid, did then and there unlawfully have and carry concealed a certain deadly weapon, to-wit, a slungshot. District Attorney: COLORADO. Form No. 601. [Commence as in Form No. 15, and add:] The grand jurors, chosen, selected and sworn in and for the county of Arapahoe, in the name and by the authority of the 396 SPECIFIC CRIMES, people of the state of Colorado, upon their oaths pre- sent, that John Doe, on the tenth day of November, in the year of our Lord one thousand nine hundred and .., within the city of Denver in the county of Arapa- hoe aforesaid, did then and there unlawfully* carry con- cealed upon and about his person a certain deadly | weapon, to-wit, a dirk, he, the said John Doe, not then and there being a sheriff, constable or other officer of , the peace acting in the discharge of his official duty, con- trary to the form of the statute in such case made and provided and against the peace and dignity of the peo- ple of the state of Colorado. District Attorney. MONTANA. Form No. 602. (Precedent from Territory v. Burns, 6 Mont. 73.) [Commence as in Form No. 88, and add:| Patsy Burns is accused by the grand jury of the county of Gallatin, state of Montana, by this indictment, of the crime of carrying concealed weapons, committed as follows: The said Patsy Burns, late of the county of Gallatin afore- said, on the 5th day of February, A. D. 19.., at the county of Gallatin aforesaid, did unlawfully bear con- cealed upon the person of him, the said Patsy Burns, a deadly weapon, to-wit, a certain revolver, within the limits of the town of Timberline, county of Gallatin, aforesaid, contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the [state] of Montana. District Attorney. CARRYING CONCEALED WEAPONS—IN CITY, ETC, 397 NEW MEXICO. Form No. 603. [Commence as in Form No. 44, and add:] The grand _ jury for the state of New Mexico, duly impaneled and sworn for the body of the county of Santa Fe aforesaid, upon their oath do present, that John Doe, late of said county of Santa Fe, on the first day of November, in the year of our Lord one thousand nine hundred and ....,* within the town of Dolores, in the county of Santa Fe aforesaid, did then and there, unlawfully carry, con- cealed on and about his person, a certain deadly weapon, to-wit, a revolver, he, the said John Doe, not then and there carrying said weapon in the lawful defense of him- self, his family or his property, the same being then and there threatened with danger; nor by order of legal authority; nor on his own landed property; nor in exe- cution of any order of court; contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of New Mexico. ebaee onsets weaNeeds ; for the State. ui. Defendant a Resident. WYOMING. Form No. 604. [Commence as in Form No. 70, and add:] The grand jurors of the state of Wyoming, good and lawful men, summoned from the body of the county of Albany, and duly impaneled, sworn and charged to inquire in and for the body of said county, upon their respective oaths do present and find that John Doe,* late of the town of Laramie City, in the county of Albany aforesaid, on the twenty-fifth day of December, A. D. 19.., within the limits of said town, did then and there, being a resident of said town, unlawfully bear concealed upon his person a certain deadly weapon, to-wit, a pistol, contrary to the 398 SPECIFIC CRIMES. form of the statute in such case made and provided and against the peace and dignity of the state of Wyoming. POC eeeorenesnseeseeoas 3 District Attorney. iw. Defendant a Sojourner. WYOMING. Form No. 605. [Follow Form No. 604 to the *, and add:] on the twenty-fifth day of December, A. D. 19.., within the limits of the town of Laramie City, in the county of Albany aforesaid, did then and there unlawfully bear, concealed upon his person, a certain deadly weapon, to- wit, a pistol, he the said John Doe not then being a resident of said town, but a sojourner therein, and he the said John Doe having been theretofore, to-wit, on the twenty-fourth day of December, A. D. 19.., at the place aforesaid, duly notified by a proper peace officer, to-wit, by Richard Roe, a peace officer of said town of Laramie City, that such carrying was unlawful, contrary to the form [concluding as in Form No. 604]. 3. INTO A PUBLIC ASSEMBLY. a. A Court of Justice. GEORGIA. Form No. 606. [Follow Form No. 589 to the *, and add:] carry about his person a certain deadly weapon, to-wit, a pistol, to a court of justice, then in session, to-wit, to the Superior Court of the county of Washington aforesaid, he, the said John Doe, not then and there being a sheriff, deputy sheriff, coroner, constable, marshal, policeman, or other arresting officer in this state, or a member of the posse of such officer, acting in the discharge of his official duty, contrary to [éoncluding as in Form No. 589}. CARRYING WEAPONS—AT CHURCH. 3899 b. A Cattle Round-Up. NEW MEXICO. _ Form No. 607, [Follow Form No. 603 to the *, and add:] in the county of Santa Fe aforesaid, did then and there unlawfully carry a deadly weapon, to-wit, a pistol, at a cattle round-up, contrary to [concluding as in Form No. 603]. c. A Church. TEXAS, Form No. 608. (Precedent from Porter v. State, 1 Tex. App. 477.) [Follow Form No. 583 to the *, and add:] unlawfully did go into a certain religious assembly, near the San Domingo school-house, in said county, where was then assembled divers persons for the purpose of religious worship, and did then and there have on his person a certain pistol, and he, the said Newton Porter, not being then and there a peace officer, or other person authorized or permitted by law to carry arms at such an assembly, against [concluding as in Form No. 5883]. VIRGINIA. Form No. 609. [Follow Form No. 598 to the +, and add:] a dangerous weapon, to-wit, a gun, to a certain place of worship, to-wit, the New Hope Union Church, in said county, while a meeting for religious purposes was being then and there held at such place, against [concluding as in Form No. 598]. 400 SPECIFIC CRIMES. d. A Place of Amusement. TEXAS, Form No. 610, (Precedent from Alexander v. State, 27 Tex. App. 533, 11 S. W. 628.) In the name and by the authority of the state of Texas, J. C. Knudson, county attorney of the county of William- son, state aforesaid, in behalf of said state, presents in the County Court of said county, at the May term, A. D. 19.., of said court, that M. L. Alexander, on or about the eighth day of February, A. D. 19.., in the county of Williamson and State of Texas, and anterior to the pre- sentment of this information, did unlawfully carry on or about his person a pistol, and did then and there unlaw- fully go into a place, to-wit: the building known as the Corn Hill college, where persons were assembled for amusement, and did then and there have and carry about his person a pistol, and did then and there go into a public place known as the Corn Hill college there situate, at which people were assembled for purpose of amuse- ment, and did then and there rudely display a pistol in a manner calculated to disturb the inhabitants of said public place; against the peace and dignity of the State. J. C. Knudson, County Attorney of Williamson County. 4. WITH INTENT TO COMMIT AN ASSAULT. CALIFORNIA. Form No. 611. [Commence as in Form No. 13, and add:] John Doe is accused by the grand jury of the county of Shasta, state of California, by this indictment, of the crime of carrying weapons, committed as follows: The said John Doe, on the sixth day of November, A. D. 19.., at the county of Shasta aforesaid, did then and there unlawfully have upon him a certain deadly CARRYING WEAPONS—TO ASSAULT. ‘401 weapon, to-wit, a pistol, with intent to assault one Rich- ard Roe (or a certain person or persons whose name or names is or are to the grand jurors aforesaid unknown), contrary to the form, force and effect of the statute in such case made and provided and against the peace and dignity of the people of the state an California. District Attorney, COLORADO. Form No. 612, [Follow Form No. 601 to the *, and add:] have upon him a certain offensive weapon, to-wit, a bludgeon, with the intent to assault one Richard Roe (or a certain person or persons whose name or names is or are to the jurors aforesaid unknown), contrary to [continuing and con- cluding as in Form No. 601]. INDIANA, Form No. 613. [Commence as in Form No. 24, and add:] The grand jury of the county of Warren, upon their oath do pre- sent, that John Doe, on the first day of September, A. D. 19.., at the county of Warren aforesaid, then and there did unlawfully* carry openly and with the intent and avowed purpose of injuring one Richard Roe (or a cer- tain person or persons whose name or names is or are to the jury aforesaid unknown), a certain dangerous and deadly weapon, to-wit, a pistol, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of Indiana. Prosecuting Attorney. Crim. Proc. Forms—26 402 SPECIFIC CRIMES, MINNESOTA, Form No. 614, [Commence as in Form No. 33, and add:] John Doe is accused by the grand jury of the county of Ramsey, by this indictment, of the crime of carrying weapons, committed as follows: The said John Doe, on the sixth day of December, A. D. 19.., in the city of St. Paul, in the county of Ramsey, did then and there unlawfully carry, conceal and possess a dangerous weapon, to-wit, metal knuckles, with the intent to use the said metal knuckles against one Richard Roe (or a person or per- sons whose name or names to the jurors aforesaid is or are unknown). Dated at St. Paul, in the county of Ramsey, the third day of February, A. D. 19.. Boatwme Wy == Breverniiuecuasceemu de Foreman of the Grand Jury. WASHINGTON. Form No. 615. [Follow Form No. 592 to the *, and add:] openly a certain dangerous and deadly weapon, not being a pen- knife, to-wit, a pistol, with the intent and purpose of injuring one Richard Roe (or a certain person or persons whose name or names is or are to the jury aforesaid unknown), contrary to [concluding as in Form No. 592}. 5. AT NIGHT WITH INTENT TO BREAK AND ENTER A BUILDING. Form No. 616. (Precedent from Reg. v. Jarrald, 9 Cox C. C. 307, Leigh & C. 301.) Suffolk, to-wit. The Jurors of our Lady the Queen, upon their oath present, that William Jarrald and Thomas Ost, on the 21st of February, 19.., were found! by night, to-wit, at the hour of half-past three in the ep eee erates ce CARRYING WEAPONS—WHEN ARRESTED. 403 morning of the same day, armed with a certain danger- ous and offensive weapon and instrument, to-wit, a loaded gun, with intent then to break and enter a build- ing, to-wit, a malting, being the property and in the occupation of one Thomas Coe, and to commit a felony therein, against the form of the statute in such case made and provided, and against the peace of our said Lady the Queen, her crown and dignity. 6. WHEN ARRESTED. a. While Committing an Offense. FLORIDA. Form No. 617. [Follow Form No. 588 to the *, and add:] when law- fully arrested by Richard Roe, a peace officer of said county, duly authorized to make such arrest, while he, the said John Doe, was then and there committing a criminal offense against the laws of said state (or a breach and disturbance of the public peace), to-wit, the offense of [naming it], was ‘then and there unlawfully armed with, and did have on his person, a dangerous weapon, to-wit, a pistol, contrary to [concluding as in Form No. 588]. MASSACHUSETTS. Form No. 618, ene [Commence as in Form No. 31, and add:] The jurors’ for said commonwealth on their oath present, that John Doe, late of Northampton, in the county of Hampshire, on the first day of January, in the year of our Lord one thousand nine hundred and ...., at Northampton afore- said, in the county of Hampshire aforesaid, being then. and there lawfully arrested by Richard Roe, a police officer of Northampton aforesaid, authorized to make such arrest,* while he, the said John Doe, was then and 404 SPECIFIC CRIMES. there committing a criminal offense against the laws of said commonwealth, to-wit, the offense of burglary, was then and there, while being so arrested, unlawfully armed with, and did have upon his person, a dangerous weapon, to-wit, a loaded pistol, against the peace of said common- wealth and contrary to the form of the statute in such case made and provided. NEW HAMPSHIRE. Form No. 619. [Commence as in Form No. 42, and add:] The grand jurors of the state of New Hampshire upon their oath present that John Doe, late of the county of Merrimac aforesaid, on the first day of January, in the year of our Lord one thousand nine hundred and ...., at the county of Merrimac aforesaid, being then and there lawfully arrested by Richard Roe, a peace officer of said county, duly authorized to make such arrest, for an alleged offense against the laws of said state, to-wit, the offense of murder, alleged to have been committed by him the said John Doe, before the time of said arrest, in the county of Merrimac aforesaid, was then and there, when so arrested, unlawfully armed with, and did have upon his person, a certain dangerous weapon, to-wit, a slung- shot, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state. . (Second count.) And the jurors aforesaid, upon their oath aforesaid, do further present that the said John Doe, at the time and place aforesaid, when being so arrested as aforesaid, was then and there unlawfully armed with, and did have upon his person, a certain dangerous weapon, to-wit, a slungshot, which said weapon he, the said John Doe, did use in committing the said offense CARRYING WEAPONS-—ON SUNDAY. 400 for which he was arrested as aforesaid, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state. Solicitor for Merrimac County. b. For an Offense Previously Committed. MASSACHUSETTS, Form No. 620. [Follow Form No. 618 to the *, and add:] under and by virtue of a good and sufficient warrant duly issued by William Short, a trial justice in and for the county of Hampshire aforesaid, having jurisdiction to issue said warrant against the said John Doe for an alleged offense against the laws of said commonwealth, to-wit, the offense of [naming it], alleged to have been committed by the said John Doe before the time of said arrest, in thé county of Hampshire aforesaid, was then and there, when so arrested [concluding as in Form No. 618]. 7. ON SUNDAY. VIRGINIA. Form No. 621. [Follow Form No. 598 to the *, and add:] on a certain Sunday, to-wit, on Sunday the first day of November, in the year of our Lord one thousand nine hundred and ...., in the county aforesaid, did unlawfully and without good and sufficient cause therefor, and at a place other than his own premises, carry a dangerous weapon, to-wit, a pistol, against [concluding as in Form No. 598}. 406 SPECIFIC CRIMES. 8. WHEN A MINOR. NEVADA. Form No. 622. [Commence as in Form No. 41, and add:] Defendant John Doe, above named, is accused by the grand jury of the county of Nye of a misdemeanor, committed as fol- lows: The said John Doe, on the first day of December, A. D.19.., without authority of law, did then and there carry concealed upon his person a certain dangerous and deadly weapon, to-wit, a pistol, he, the said John Doe, being then and there under the age of twenty-one (21) years, to-wit, of the age of nineteen years. District AGocaey WISCONSIN, Form No. 623. [Title and Venue.} I, J. C. Knudson, district attorney for said county, hereby inform the court, that on the first day of December, in the year 19.., at said county, John Doe did then and there unlawfully go armed with a pistol (or revolver), he the said John Doe being then and there* a minor under the age of twenty-one years, to-wit, of the age of eighteen years, against the ‘Bence and dignity of the state of Wisconsin. Dated the twenty-third day of January, 19.. John C. Knudson, District Attorney. 9. WHEN INTOXICATED. WISCONSIN. Form No. 624. [Follow Form No. 628 to the *, and add:] in a state of intoxication, contrary to [concluding as in Form No. 623]. EXHIBITING WEAPONS RUDELY, ETC. 407 10. HAVING BORNE ARMS AGAINST THE UNITED STATES. KANSAS. Form No. 625, [Commence as in Form No. 26, and add:] The grand jurors for the state of Kansas in and for the county of Leavenworth, duly impaneled, sworn, and charged to inquire within and for the county of Leavenworth, in the name and by the authority of the state of Kansas, upon their solemn oaths do present, that John Doe, late of the eounty of Leavenworth aforesaid, on the first day of January, in the year of our Lord one thousand nine hun- dred and ...., at the county of Leavenworth aforesaid, then and there did unlawfully carry on his person a cer- tain deadly weapon, to-wit, a pistol, he the said John Doe having theretofore borne arms against the government of the United States, to-wit, during the year one thou- sand nine hundred and ...., as an enlisted soldier in the first regiment of South Carolina heavy artillery in the army of the Confederate States of America, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of Kansas. Cy District Attorney: 11. EXHIBITING A WEAPON IN A RUDE AND THREATENING MANNER. INDIANA. Form No. 626. . [Follow Form No. 613 to the *, and add:] draw a cer- tain deadly and dangerous weapon, to-wit, a pistol, at and upon one Samuel Short, then and there being, the said John Doe not then and there drawing said deadly and dangerous weapon in defense of his person or property, 408 SPECIFIC CRIMES. or in defense of those entitled to his protection by law, contrary to [concluding as in Form No. 618]. MISSOURI, Form No. 627, [Commence as in Form No. 86, and add:| The grand jurors for the state of Missouri, impaneled, sworn, and charged to inquire within and for the body of the county of Barton, and state of Missouri, upon their oaths pre- sent and charge that John Doe, on the first day of Janu- ary, A. D. 19.., in the county aforesaid, did in the pres- ence of one or more persons, to-wit, in the presence of Samuel Short and William West and divers other per- sons whose names are to the grand jurors unknown, exhibit in a rude, angry and threatening manner, a cer- tain deadly weapon, to-wit, a pistol, contrary to the form of the statute in such case made and provided and against the peace and dignity of the state. Prosecuting Attorney. XV. CHATTELS—SELLING, ETC., MORTGAGED. 1. SELLING MORTGAGED CHATTELS, ALABAMA, Form No. 628. [Commence as in Form No. 10, and add:] The grand jury of said county charge that before the finding of this indictment John Walker did sell or convey a cow, upon which personal property he had given a written mort- gage, lien, or deed of trust, to B. F. Petty & Son, and which was then unsatisfied in whole or in part, without first obtaining the consent of the lawful holder thereof SELLING MORTGAGED CHATTELS. 409 to such sale or conveyance, against the peace and dig- nity of the state of Alabama: oe er earresreerevece eg Soliton of Third Cir uit. CALIFORNIA, (Kerr’s Pen. Code, 1915, § 538.) Form No, 629. (Precedent, information filed in People v. Iden, 24 Cal. App. 627, 142 Pac. 417.) . [Venue and title as in Form No. 18, and add:] The said W. A. Iden is accused by the District Attorney of Tulare County, State of California, by this information filed this 3d day of October, A. D. One Thousand Nine Hundred and ........, of the crime of felony committed as follows: The said W. A. Iden on or about the 26th day of September, A. D. One Thousand Nine Hundred HAW poate , at the County of Tulare, State of California, and before the filing of this information, was the Mort- gagor of the following described personal property, to-wit, twenty-five head of dairy cows, twenty-one of which said cows were branded ‘‘I’’ on the left hip, and which said personal property was then and there located on that certain real property situate in the said County of Tulare, and particularly described as the Northeast quarter of Section 7, in Township 21 South of Range 23 Kast, Mt. Diablo Base and Meridian, and known as the Sherman Ranch, Southwest of the City of Tulare in said County, and all of which said personal property had been theretofore mortgaged by said W. A. Iden and Annie R. Iden, his wife, to one E. A. Stellar, by a mortgage dated July 18, 19.., to secure the payment of the sum of $3500, Gold Coin of the United States by said W. A. Iden and Annie R. Iden, to said E. A. Stellar, and. which said mortgage had been on August 16, 19.., duly recorded in Volume 34 of Chattel Mortgages at Page 4, Tulare 410 SPECIFIC CRIMES. County Records, and which said mortgage was, on the said 26th day of September, 19.., in full force and effect, and said W. A. Iden did on said 26th day of September, 19.., after mortgaging said personal property as afore- said, and before the filing of this information, at the County of Tulare, State of California, wilfully, unlaw- fully, feloniously, and with intent to defraud said E. A. Stellar, sell and transfer all of said mortgaged personal property to M. P. Costa and Lucy Seimas, and the said W. A. Iden did not then or there, or at any other time, or at all, inform said M. P. Costa and Lucy Seimas, or either of them, of the existence of said prior mortgage, and the said W. A. Iden did not then or there, or at any other time or at all, inform said E. A. Stellar, Mortgagee as aforesaid of said personal property, in writing, of said intended sale and transfer by giving the name and place of residence, or either of them, of the party to whom said sale and transfer was to be made; and at the time of said sale, said personal property, to-wit, said cows, were of the value of Forty-seven and 50-100 ($47.50) Dollars per head, in Gold Coin of the United States, and of the total value of Eleven Hundred and Eighty-seven and 50-100 ($1187.50) Dollars in Gold Coin of the United States, contrary to the form, force and effect of the Stat- ute in such cases made and provided, and against the peace and dignity of the people of the State of California. Frank Lamberson, District Attorney, of the County of Tulare, State of California. By James M. Burke, Deputy District Attorney. IOWA. Form No. 630. [Commence as in Form No. 25, and add:] The grand — jury of the county of Harrison, in the name and by the authority of the state of Iowa, accuse Richard Roe of the SELLING MORTGAGED CHATTELS. 411 crime of having fraudulently sold and transferred mort- gaged personal property, committed as follows, to-wit: The said Richard Roe, on the thirteenth day of May, 19.., in the county aforesaid, did make, execute and deliver a certain chattel mortgage on forty-five steers, of the age of three years each, and fifteen steers, two years old each to one Samuel Short, to secure the payment of a note made by the said Richard Roe to said Samuel Short for the sum of one thousand dollars, of the same date of said mortgage, payable the first day of May, 19.. And the said Richard Roe, on the eighth day of Janu- ary, 19.., in the county aforesaid, during the exist- ence of the lien created by said mortgage and while the said mortgage was unsatisfied, wrongfully, unlaw- fully, wilfully and feloniously did sell, conceal and dis- pose of thirty-five of the aforesaid three-year-old steers, without the knowledge or consent of the said Samuel Short. And the said Samuel Short was then and there the absolute owner and the then holder of said mortgage under the said note, and the said thirty-five steers were- then and there of the value of forty dollars each, and of the aggregate value of fourteen hundred dollars, the same being their value on the eighth day of January, 19..; contrary to the form of the statute in such case made and provided and against the peace and dignity of the state oi lowa: $§@ j|§§ €¥eseedewsu pees escceee MINNESOTA, Form No. 631, [Commence asin Form No. 33, and add:] Richard Roe is accused by the grand jury of the county of Scott, by this indictment, of the crime of having fraudulently sold and transferred mortgaged personal property with intent to defraud, committed as follows, to-wit: That on the thirty-first day of October, A. D. 19.., the above named 412 SPECIFIC CRIMES. Richard Roe did in the city of Rochester, in the state of Minnesota, convey by mortgage unto one Samuel Short the following personal property, to-wit, one bay mare, eight years old, then and there being, which said mort- gage was then and there and all the time thereafter until the twentieth day of January, 19.., a lien upon said per- sonal property, the said bay mare aforesaid. That there- after, at Blakeley, in the county of Scott and state of Minnesota, on the twelfth day of January, 19.., and while the said mortgage was so a lien upon said personal property, the said bay mare aforesaid, the said Richard Roe did wilfully, maliciously, and with intent to defraud said Samuel Short, sell and transfer to one Leonard A. Ford the said bay mare aforesaid, then and there of the value of one hundred and twenty-five dollars, without the written consent of the said Samuel Short, the mortgagee of said personal property, to so sell and transfer the said bay mare aforesaid. Dated at Blakeley, in the county of Scott, the fifth day ‘of October, A. D. 19.. Afttie bil, j= sebveecewrenveirewee ss Foreman of the Grand J ce NORTH CAROLINA. Form No. 632. [Commence as in Form No. 47, and add:] The jurors for the state, upon their oath, present, that Richard Roe, on the first day of February, 19.., in the county of Wake, executed to one Samuel Short a chattel mortgage con- veying certain personal property, to-wit [here describe the property], to secure the payment of a note for five hundred dollars, made and delivered on said date by the said Richard Roe to the said Samuel Short, and after the execution of said chattel mortgage, and while the same was in force, the said Richard Roe did sell and dispose of a part of the said property [vaming it] em- SELLING MORTGAGED CHATTELS, 413 braced in said mortgage to one Leonard A. Ford, without the consent and against the will of said Samuel Short, with intent to hinder, delay and-defeat the rights of said Samuel Short under said mortgage; against the form of the statute in such case made and provided and against the peace and dignity of the state. Goes acers eae o Wk aralee ae he og DOLICILON, TEXAS, Form No. 633. [Venue and title.] In the name and by the authority of the state of Texas: The grand jurors for the county of Freestone and state aforesaid, duly organized as such at the September term, A. D. 19.., of the District Court for said county, upon their oaths in said court present, that Richard Roe, on the tenth day of May, 19.., in the county of Freestone and state aforesaid, with intent to defraud Samuel Short, did unlawfully sell certain per- sonal property, to-wit [here describe the property as described in the mortgage hereinafter referred to], to one Leonard A. Ford, the said Richard Roe having there- tofore, to-wit, on the first day of May, A. D. 19.., made, executed and delivered to the said Samuel Short a cer- tain mortgage in writing upon the said property described as aforesaid, and which said mortgage was then owned and held by the said Samuel Short, and was at the time of the said sale of the said property a valid, subsisting and unsatisfied mortgage; against the peace and dignity of the state. Foreman of the Grand Tury. 414 SPECIFIC CRIMES. 2. REMOVING MORTGAGED CHATTELS. ARKANSAS. Form No. 634. (Precedent from Cooper v. State, 37 Ark. 414.) [Commence as in Form No. 12, and add:| The grand jury of Lawrence county, in the name and by the author- ity of the state of Arkansas, accuse Isaac Z. Cooper of the crime of fraudulently removing property subject to lien committed as follows viz.: That said Isaac Z. Cooper, on the first day of June, 19.., in the county of Lawrence, and state aforesaid, felo- niously did remove beyond the limits of said county one sorrel horse, of the value of fifty dollars, upon which sorrel horse then and there did exist a lien, by virtue of a deed of trust executed by the said Isaac Z. Cooper, on the thirteenth day of January, 19.., in favor of G. Kauf- man, as trustee, for the benefit of E. Krone & Co., a firm composed of E. Krone and J. B. Oppenheimer, which said deed of trust was indorsed as follows, to-wit: ‘“ Prosecuting Attorney. MASSACHUSETTS. (Pub. Stats., 1882, c. 207, § 29.) Form No. 749. (Precedent from Com. v. Brown, 141 Mass. 78, 6 N. E. 377.) [Follow Form No. 744 to the *, and add:] was and is an idle and disorderly person, and on said days and times, at said Boston, has neglected all lawful business and habitually misspent her time by frequenting houses of ill- fame, gaming-houses and tippling-shops, against the peace [concluding as in Form No. 744]. 550 SPECIFIC CRIMES. b. Not Being a Physician Visiting Patients. INDIANA. (Horner’s Stats., 1896, § 1995.) Form No. 750. [Follow Form No. 24 to the *, and add:] that Richard Roe, late of said county, being over fourteen years of age,onthe...... day of ......, A. D.19.., and on divers other days and times between that day and the day of finding of this indictment, did then and there unlawfully frequent a certain house of ill-fame, to-wit, the house of Skip Dutton, he, the said Richard Roe, not being a pnysi- cian, frequenting said house as aforesaid to treat a pa- tient or patients, contrary to the form [concluding as in Form No. 24). c. Living In. INDIANA. Form No. 751. (Precedent from State v. Nichols, 83 Ind. 228, 43 Am. Rep. 66.) [Venue and Title.] The grand jurors for the county of Allen and State of Indiana, upon their oath, charge and present that, on the ...... Gay OL cxxans ; A. D. 19.., Martha Nichols, a female of said county of Allen and State aforesaid, did unlawfully live in a house of ill-fame, and on divers other days and times before the ...... day Gl aaone , A. D.19.., said Martha Nichols, a female, did unlawfully live in said house of ill-fame aforesaid, said house aforesaid being then and there situated on lot num- ber fourteen, 8. C. Evans’ addition to the city of Fort Wayne, in said county and State contrary to the form [concluding as in Form No. 750]. DISORDERLY CONPUCT—LIVING IN HOUSE, ETO. Sol IOWA. (McClain’s Ann, Code, 1888, § 5326.) Form No. 752. (Precedent from State v. Russell, 95 Iowa 407, 64 N. W. 281.) [Title and Venue.] The grand jury of the county of Washington, in the name and by the authority of the state of Iowa, accuse Maggie Russell of the crime of using and occupying a place for the purpose of prostitu- tion and lewdness, committed as follows: The said Maggie Russell, on or about the ...... day Gl aceores , 19.., in the county aforesaid, did unlawfully and feloniously resort to, use, occupy, and inhabit a cer- tain place, commonly called a dwelling-house for the purpose of prostitution and lewdness; said place being then and there in possession of, and under the control of the said Maggie Russell, contrary to the form of statute in such case made and provided, and against the peace and dignity of the state of Iowa. Cee one rn eesresrevrseresece 9 District Attorney. d. Acting as Servant or Bartender. CONNECTICUT. (Gen. Stats., 1888, § 1532.) { Form No. 753. : State of Connecticut, T sian Hartford County. bss, own o ainville. To Abraham Kent, Esq., a justice of the peace for the county of Hartford, in said town. Comes John Doe, a grand juror in and for said town. of Plainville, and on his oath of office complaint and information makes, that at said town of Plainville, on the ...... day Ol siisan ; 19.., and on divers other days and times between that day and the dey of filing this complaint and information, Richard Roe, of the town of Plainville, in said county,* 552 SPECIFIC CRIMES. did then and there unlawfully act as a servant (or bar- tender), in a house of ill-fame, which is resorted to for the purposes of prostitution and lewdness (or in a house reputed to be a house or place of assignation), to-wit, the house of Mary Roe, situated on Main street, in the said town of Plainville, contrary to the form of the stat- ute in such case made and provided, and against the peace. Wherefore the grand juror aforesaid prays proc- ess, and that the said Richard Roe may be arrested and examined touching this complaint, and be thereon dealt with according to law. Dated at Plainville this tenth day of March, A. D.19.. John Doe, Grand Juror. 5. LEWD, LASCIVIOUS AND DISORDERLY PERSONS. MASSACHUSETTS. (Pub. Stats., 1882, c. 207, § 29.) Form No. 754, (Precedent based on facts in Com. v. Parker, 86 Mass., 4 Allen, 313.) [Follow Form No. 744 to the *, and add:] and on divers other days and times, at said Lowell, between that day and the day of the making of this complaint, was and still is a lewd, wanton and lascivious person in speech and behavior, against the peace and dignity of said common- wealth, and contrary to the form of the statute in such case made and provided. [Signature and jurat as in Form No. 744.) 6. NIGHT-WALKING. ALABAMA, Form No. 755. (Precedent from Stokes v. State, 92 Ala. 74, 25 Am. St. Rep. 23, 9 So. 400.) [Follow Form No. 332 to the *, and add:] Nora Stokes was a common night-walker, and did walk and ramble in S: a” DISORDERLY CONDUCT—-ON CONVEYANCE. 5538 the streets and common highways in the city of Mont- gomery, in said county and State, at unreasonable hours of night, without having any lawful business, and without any necessity therefor, for the unlawful purpose of pick- ing up men for lewd intercourse; against good morals and good manners, to the common nuisance of all good people of the county, against the peace [concluding as in Form No. 332}. CONNECTICUT. (Gen. Stats., 1888, § 3401.) Form No. 756. [Follow Form No. 753 to the *, and add:] was a com- mon night-walker, and did then and there unlawfully walk and ramble in the streets and common highways in the town of Plainville, at unseasonable hours of the night (or by night or day frequent streets, highways, and pub- lic places, or go abroad and about in the said town of Plainville), with intent to entice, allure, and invite cer- tain persons to the complainant unknown, to illicit sexual intercourse, contrary [concluding as in Form No. 7583]. 7. ON A PUBLIC CONVEYANCE. a. In General. MINNESOTA. (Minn. Stats., 1894, § 6944.) Form No. 757. [Venue.] John Doe, being first duly sworn and exam- ined on oath, makes complaint and says that on the..... Gay OF ..6c.0% , A. D. 19.., at the county of Ramsey, one Richard Roe, did then and there* wilfully and unlawfully disturb and annoy (or interfere with) the passengers (or occupants) of a certain railroad car (or other public con- veyance, naming it) then and there operated by the Chi- 554 SPECIFIC CRIMES. cago, Burlington and Northern Railroad Company, incor- porated as such railroad company under the laws of the state of Minnesota, by a disorderly and offensive act (or display or by offensive language), to-wit [describing the particular offense or setting forth the words used], con- trary to the form of the statute in such case made and provided, against the peace and dignity of the state of Minnesota, and prays that the said Richard Roe may be arrested and dealt with according to law. John Doe. Subscribed and sworn to before me this ...... day of (eeeaae , A. D.19.. Justice of the Peace: b. On a Street-Car. 4. Refusing to Desist from Smoking. OHIO. (Bates’ Ann. Stats., 1897, § 6983.) Form No. 758. [Venue.] Before me, Abraham Kent, a justice of the peace in and for said county, personally came John Doe, who, being duly sworn according to law, deposes and says: that on or about the...... day of ..... ,»A.D.19.., at the county of Vinton, one Richard Roe* having been then and there requested by Samuel Short, an employee of the Metropolitan Street Railway Company, to desist from smoking on (or in) a certain passenger car running on the Metropolitan Street Railway, failed immediately to do so. John Doe. Sworn to and subscribed before me this ....... day of eee , A. D. 19.. Abraham Kent, Justice of the Peace. DISORDERLY CONDUCT—ON RAILROAD CAR. 55) ut. Refusing to Pay Fare. OHIO. Form No. 758a. [Follow Form No. 758 to the *, and add:] upon de- mand being made by Samuel Short, an employee of the Metropolitan Street Railway Company, failed and re- fused to pay the proper fare on (or in) said passenger ear by delivering the money (or a ticket) to the said employee (or depositing the money or a ticket in the fare- box), as required by the said employee, and the said Rich- ard Roe also failed and refused to immediately leave said street car immediately after his said failure and refusal to pay said fare, and after the said car had been stopped. - [Signature and jurat as in Form No. 758.] c. On a Railroad Car. 4. In General. MAINE. (Rev. Stats., 1883, ¢. 51, § 73.) Form No. 759, Oxford, ss. To Abraham Kent, Esq., a trial justice within and for the county of Oxford. John Doe of Bethel, in said county, on the...... day of oes aets , in the year of our Lord one thousand nine hun- dred and ....... , on behalf of said county, on oath com- plains that Richard Roe of Bethel, in said county of Oxford, did then and there behave in a disorderly and riotous manner while on a train of railroad cars then and there run and operated by the Grand Trunk Railroad Company, by [here state the nature of the disorderly conduct], against the peace of said city, and contrary to the form of the statute in such case made and provided. John Doe. 556 SPECIFIC CRIMES. Oxford, ss. On the ........ Gay OL c2yeeees ,19.., said John Doe makes oath that the above complaint by him subscribed is true. Before me: LiKE eee eRe nUKee , Trial Justice. ui. Disturbing Women, ‘ ALABAMA. (Crim. Code, 1886, § 4032, p. 270, No. 36.) Form No. 760. [Follow Form No. 332 to the *, and add:] John Doe, by rude and indecent behavior (or by profane or obscene language) wilfully disturbed a woman on a railroad car (or other public conveyance), against the peace [conclud- ing as in Form No. 332]. iu. Jumping Upon Cars, OHIO. Form No. 761. [Follow Form No. 758 to the *, and add:] did then and there unlawfully climb, jump and step (or stand) upon a certain locomotive (or engine or car) upon the track of the Baltimore and Ohio Southwestern Railroad Com- pany, in violation of the lawful rules and regulations of the said railroad company. [Signature and jurat as in Form No. 758]. 8. PEEPING IN WINDOW OF DWELLING. MICHIGAN. Form No. 762. (Precedent from Grand Rapids, city of, v. Williams, 70 N. W. 547.) [Follow Form No. 747 to the *, and add:] onthe ...... day of s+. , A. D.19.., at the city of Grand Rapids, in the county aforesaid, and within the corporate limits of DISORDERLY CONDUCT—PROFANE SWEARING. 557 said city, one George Williams was then and there guilty of indecent, insulting and immoral conduct and behavior, by peeping in the window of a house on the corner of Wenham avenue and Lagrave street, said house being then and there occupied by persons living there, and not being the residence of said Williams, and was then and there found in a state of intoxication, to the evil exam- ple of all others in like case offending, contrary to the provisions of section one of an ordinance of said city, entitled ‘‘ An ordinance relative to disorderly persons.”’ Wherefore said complainant [concluding as in Form’ No. 747]. r 9. PROFANE SWEARING. INDIANA. (Horner’s Stats., 1896, § 1999.) Form No. 763. (Precedent from Taney v. State, 9 Ind. App. 47, 36 N. B. 295.) [Venwe.] Before me, M. H. Daniels, a justice of the peace, in and for said county, came Sarah E. Kant, who, being duly sworn according to law, deposes and saith, that on or about the ........ ay OL eeee ees , in the year 19.., at the county of Marion and State of Indiana, Mich- ael Taney, late of said county, did then and there unlaw- fully and profanely curse, swear, aver and imprecate by and in the name of God, Jesus Christ, and the Holy Ghost, by then and there unlawfully saying God damned, he, the said Michael Taney, being then and there a per- son over fourteen years of age, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Indiana. : Sarah E. Kant. Subscribed and sworn to before me on this ....... day M. H. Daniels, Justice (Seal). 558 SPECIFIC CRIMES, MICHIGAN. (How. Ann, Stats., 1882, § 9294.) Form No. 764. [Follow Form No. 747 to the *, and add:] on the ...... day OF cs.saye es , A. D.19.., at the town of Lowell in said county, Richard Roe, having arrived at the age of dis- cretion, to-wit, seventeen years of age, did then and there unlawfully and profanely curse, damn and swear by the name of God, Jesus Christ and the Holy Ghost, by utter- ing and proclaiming in the presence and hearing of him, the said John Doe, and divers other persons to the com- plainant unknown, the following words, to-wit [setting forth the words], contrary to the [concluding as in Form No. 747]. 10. PROSTITUTES. a. Committing Fornication for Hire. INDIANA. (Horner's Stats., 1897, § 2003.) Form No. 765, [Follow Form No. 478 to the *, and add:] that one Jane Doe, a female, late of said county, on the ......... day of vetews , 19.., at said county and state aforesaid, did then and there unlawfully commit fornication for hire with one Samuel Short, a male person, for the price of five dollars, contrary to the form [concluding as in Form No. 478]. b. Endeavoring to Ply Vocation in Public Place. COLORADO. (Mills’ Ann. Stats., 1891, § 1331,). Form No. 766. [Venue.] The complaint and information of John Doe, made before Abraham Kent, Eisq., one of the justices of the peace in and for the said county, on the....... day of DISORDERLY CONDUCT—OBSCENE, ETC., LANGUAGE. 599 pen was: , A. D.19.., being duly sworn on oath, says that Mary Roe on or about the ........ day Of ssneiws , Aa D, 19.., at, to-wit, the said county of El Paso, in the state aforesaid, being a prostitute (or courtesan or lewd woman), did then and there unlawfully, by words, ges- tures and actions, endeavor to ply her vocation (or make a bold and meretricious display of herself in an endeavor to ply her vocation) upon a certain public street, to-wit, Tejon street (or from the door and windows of a certain house, to-wit, the house of one. Mary Short (or in a pub- lic place, to-wit, the post-office), in the city of Colorado Springs, in the county and state aforesaid, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the state of Colorado. He therefore prays that the said Mary Roe may be arrested and dealt with according to law. John Doe. Abraham Kent, Justice of the Peace. 11. USING OBSCENE, INSULTING OR ABUSIVE LANGUAGE. a. In General. FLORIDA. (Rev. Stats., 1892, § 2624.) Form No. 767, [Venue.] Before the subscriber and justice of the peace in and for said county, personally came Richard Roe, who being duly sworn says that one John Doe, on LEG ase Has day Of cssecns , A. D.19.., in the county and district aforesaid, did then and there publicly, to-wit, in a public street in the town of Orlando, in the county and 560 SPECIFIC CRIMES. district aforesaid, use and utter indecent and offensive language to the said Richard Roe. Richard Roe. Sworn to and subscribed before me this ....... day of becoistt a ,19. SESS ase en aes , Justice of the Peace. PENNSYLVANIA. Form No. 768. (Precedent from Com. v. Mohn, 52 Pa. St. 244, 91 Am. Dec. 153.) [Follow Form No. 55 to the *, and add:] That the said Elenora Mohn, afterwards, to-wit, on the day and year aforesaid, and on divers other days and times as well before as since, at the county aforesaid, being an evil- disposed person, and designing, contriving and intending the morals, as well of youth as of divers other citizens of this Commonwealth to debauch and corrupt, openly and publicly with a loud voice, in the public highways, wicked, scandalous and infamous words did utter, in the hearing of the citizens of the said Commonwealth, and to their manifest corruption and subversion, and to the com- mon nuisance of all the good citizens of the Common- wealth, and against the peace [concluding as in Form No. 55]. b. In Presence of Particular Persons. 1. Women. ALABAMA, (Crim. Code, 1886, § 4031, p. 266, No. 3.) Form No. 769. [Follow Form No. 332 to the *, and add:| John Doe, in the presence or hearing of a woman, made use of abu- sive, insulting or obscene language, against the peace [concluding us in Form No, 332). DISORDERLY CONDUCT—OBSCENE, ETC., LANGUAGE. 561 MINNESOTA, (Stats. 1894, § 6972.) Form No. 770. [Follow Form No. 757 to the *, and add:] wilfully and unlawfully did utter and use obscene and licentious lan- guage (or words), to-wit [setting out the words used], in the presence and hearing of a female, to-wit, Mary Dee, he the said Richard Roe being then and there over four- teen years of age, contrary to the form of the statute [concluding as in Form No. 757]. a. Children. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 815.) Form No. 771. (Precedent from Ex parte Foley, 62 Cal. 509.) [Title and Venue.] Before me, ...... , a justice of the peace within and for the county of ...... , in the state of California, this ...... ay OE eanas , 19.., personally ap- peared one Richard Roe, who being first duly sworn on oath says that defendant, Thomas K. Foley, on the...... Gay OL 2546 wenn , 19.., at Watsonville, in the county of Santa Cruz, State of California, committed a misde- meanor, as follows, to-wit: The said T. K. Foley, at the time and place aforesaid, did use vulgar and indecent lan- guage within the hearing of children, in a loud and bois- terous manner, wilfully and unlawfully, all of which is contrary to the form and the statute and against the peace and dignity of the State of California. Wherefore the complainant the said Richard Roe, prays that a warrant may be issued for the arrest and appre- hension of the said Thomas K. Foley, and that he may be dealt with according to law. Richard Roe. Subscribed and sworn to before me this ....... day of 19. pastas 5 Sonera seceeeeeeeey Justice of the Peace. Crim. Proc. Forms—36 562 SPECIFIC CRIMES. c. Near a Dwelling. ALABAMA, (Crim. Code, 1886, § 4031, p. 266, No. 3.) Form No. 772. [Follow Form No. 332 to the *, and add:] John Doe did enter into or go sufficiently near to the dwelling-house of Samuel Short, and in the presence or within the hear- ing of the family, or a member of the family of the occu- pants thereof, made use of abusive, insulting, or obscene language, against the peace [concluding as in Form No, 332]. . d. Tending to Cause Breach of Peace. ARKANSAS. (Sand. & H. Dig., 1894, § 1534.) Form No. 773. (Precedent from Moore vy. State, 50 Ark. 26.) [Follow Form No. 12 to the *, and add:] John Moore of the crime of using profane and abusive language, cal- culated to cause a breach of the peace, committed as fol- lows, to-wit: The said John Moore, on the ....... day of seeew es ,19.., unlawfully did make use of violent, abusive and insulting language towards and about one Asher Wil- lie, and in his presence and hearing; which language, in its common acceptation, was calculated to arouse to anger him, the said Asher Willie, and cause a breach of the peace, against the peace and dignity of the state of Arkansas, and contrary to the form of the statute in such case made and provided. Leonel aug a mena es , Prosecuting Attorney, Fifth Judicial District. 5 ae quasi ge ag DISORDERLY CONDUCT—OBSCENE LANGUAGE. 563 MINNESOTA. (Stats. 1894, § 6940.) Form No. 774. [Follow Form No. 33 to the *, and add:] The said John Doe on the ...... day of ...... , A.D. 19.., at the city of St. Paul, in said county of Ramsey, did then and there unlawfully use, in reference to and in the presence of Richard Roe (or Mary Roe, a member of the family of Richard Roe), abusive and obscene language, which said language was intended (or naturally tended) to provoke a breach of the peace (or an assault), contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Minnesota. Dated at St. Paul, in the county of Ramsey, the ...... (day Ol scceses ,»A.D.19.. A true bill. VieeePURGUWee OHe , Foreman of the Grand Jury. WISCONSIN, Form No. 775. (Precedent based upon complaint in Steuer.v. State, 59 Wis. 472.) [Title and Venue.] Personally appeared before me, a justice of the peace within and for said county of ...... : state of Wisconsin, this ......... GA9-OF aus iscus , 19.05 Richard Roe, of ........ in said county of ........ , who’ being duly sworn, complains and says, that on the seventh day of June, 19.., at said county, John Doe did use to and in the presence of him, the said Richard Roe, abusive language intended and naturally tending to pro- voke an assault or breach of the peace, without excuse or justification, which said language was as follows, to-wit: [setting forth the words used] contrary to the statute in 564 SPECIFIC CRIMES. such case made and provided, and against the peace and dignity of the state of Wisconsin. Richard Roe. Subscribed and sworn to before me this ....... day of iteea rig bee Secesevscwwy svar eKe , Justice of the Peace. XXI. DISORDERLY HOUSES. 1. IN GENERAL. COMMON-LAW FORM. Form No. 776. (Precedent from 2 Chit. Crim. L. 40.) Middlesex. The jurors for our lord the king upon their oath present, that Elizabeth Powell, late of the parish of Saint Paul, Covent Garden, in the County of Middlesex, widow, on the ...... Aa OF ewes , in the dais year of the reign of our sovereign lord George the Seventh, by the grace of God of the United Kingdom of Great Britain and Ireland, king, defender of the Faith, with force and arms, at the said parish of Saint Paul, Covent Garden, in the said county of Middlesex, and on divers other days and times, between that day and the day of the taking of this inquisition, with force and arms, at the said parish of St. Paul, Covent Garden,* did keep and maintain, and yet doth keep and maintain, a certain common, ill-governed and disorderly house, and in the said house, for her own lucre and gain, certain persons, as well men as women, of evil name and fame, and of dishonest conversation to frequent and come to- gether, then, and on the said other days and times, there unlawfully and wilfully did’ cause and procure, and the said men and women in.the said house at unlawful times, as well in the night as in the day, then, and on the said other days and times, there to be and remain, drinking, tippling, whoring and misbehaving themselves unlaw- DISORDERLY HOUSES. 56d fully, and wilfully did permit, and yet doth permit, to the great damage and common nuisance of all the liege sub- jects of our said lord the king, there inhabiting, residing and passing, to the evil example of all others in like case offending, and also against the peace of our said lord the king, his crown and dignity. ALABAMA, Form No. 777. (Precedent from Cahn v. State, 110 Ala. 57, 20 So. 380.) [Follow Form No. 10 to the *, and add:] A. Cahn, whose christian name is to the grand jury unknown, did keep a disorderly, public and ill governed house, and did then and there unlawfully cause and procure certain per- sons, as well women as men, of evil name and fame, to frequent and come together, in his said house at many unlawful times, as well in the night as in the day, and did permit them there to be and remain, drinking, tip- pling, carousing, swearing, indecently dancing, and mis- behaving themselves, to the great damage and common nuisance and evil example of all the citizens, not only the neighborhood, but all the citizens of the county, and against the peace and dignity of the State of Alabama. [Signature as in Form No. 10.] ARKANSAS. (Sand. & H. Dig., 1894, § 1616.) Form No. 778. (Precedent from Thatcher v. State, 48 Ark. 62, 2 S. W. 343.) [Follow Form No. 12 to the *, and add:] H. A. Ballen- tine and Henry Thatcher of the crime of keeping a dis- orderly house, committed as follows: The said H. A. Ballentine and Henry Thatcher, on the.......... day of ee , 19.., in the county and state aforesaid, and on divers other days and times between that day and the 566 SPECIFIC. CRIMES. day of the presentation of this indictment, a certain, common, ill-governed and disorderly house unlawfully, did keep and maintain; and, in said house, for their own gain and lucre, certain evil-disposed persons, as well men as women, of evil name, fame and conversation to come together, on the days and times aforesaid there unlaw- fully and willingly did cause and procure; and the said persons in the said house, at unlawful times, as well in. the night as the day, on the days and times aforesaid, there to be and remain drinking, tippling, cursing, swear- ing, quarreling, gambling, whoring and otherwise misbe- having themselves, unlawfully did permit and suffer, to the great injury and common nuisance of all the peace- able citizens of the state, there residing, inhabiting and passing; to the evil example of all others in the like case offending to the great injury of public morals, and per- version of public justice, and against the peace and dig- nity of the state of Arkansas. CONNECTICUT. (Gen. Stats. 1888, § 1529.) Form No. 779, (Precedent from State v. DeLadson, 66 Conn, 8, 88 Atl. 531.) [Venue.] To the Honorable City Court of the City of New Haven, in the County of New Haven, State of Con- necticut. Comes John Price, a grand juror in and for said city and town of New Haven, and on his oath of office complaint and information makes, that on the ..... day Of oe ssss , A. D. 19.., at said city and town of New Haven, Edward S. DeLadson, of said city and town of New Haven, with force and arms did then and there keep and maintain, and for a long time previous thereto did there, keep and maintain, and still does there keep and maintain, a disorderly house, and a house where lewd, DISORDERLY HOUSES. 567 dissolute and drunken persons did then and there, and for a long time previous thereto did, and still do resort, which said house is known as 53 Orange street, against the peace, wherefore the grand juror aforesaid prays process, and that the said Edward S. DeLadson may be arrested and examined touching the allegations contained in this complaint and be thereon dealt with according to law. Dated at...... this ...... Gey Ol . ciccwc ,A.D.19.. John Price, Grand Juror. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par. 147.) Form No. 780. [Follow Form No. 28 to the *, and add:] that John Doe, on the ...... day of ...... , in the year of our Lord one thousand nine hundred and ...... , and on divers other days and times between that day and the day of the find- ing. of this indictment, at the city of Carrollton and county of Greene aforesaid, did then and there unlaw- fully keep and maintain a common ill-governed and dis- orderly house, to the encouragement of idleness, gaming, drinking, fornication and other misbehavior, and unlaw- fully and willingly did cause and procure certain evil disposed persons, as well men as women, of evil name, fame and conversation, to come together on the days and times aforesaid in the said house, for his own gain and lucre, and unlawfully did permit the said persons in the. said house at unlawful times, as well in the night as in the’ day time, on the days and times aforesaid, there to be and remain drinking, tippling, cursing, swearing and otherwise misbehaving, to the great injury and common nuisance of the people of this state, and contrary to the form of the statute [concluding as in Form No. 23}. 568 SPECIFIC CRIMES. MAINE. (Rev. Stats., 1883, ch. 17, §§ 1, 2.) Form No. 781. (Precedent from State v. Osgood, 85 Me. 288, 27 Atl. 154.) [Venue.] At the Supreme Judicial Court, begun and holden at Rockland, within and for the county of Knox on the ...... OL -wieuay , in the year of our Lord one thousand nine hundred and ...... »* the grand jurors for said state, upon their oath present that Josie Osgood of Rockland, in said county of Knox, spinster, on the...... day Of aieiens , in the year of our Lord one thousand nine hundred and ...... , and on divers other days and times between that day and the day of the finding of this indict- ment, at Rockland aforesaid, in the county of Knox afore- said, unlawfully did keep and maintain a certain place, to-wit: a certain building occupied by the said Josie Osgood as a dwelling, situated on Main street in said Rockland, then and on said divers other days and times there used as a house of ill-fame, then and on said divers other days and times there resorted to for lewdness and gambling, and which said place being so used as aforesaid was then and there a common nuisance, to the great injury and common nuisance of all good citizens of said State, against the peace of said State, and contrary to the form of the statute in such case made and provided. MASSACHUSETTS, Form No. 782, (Precedent from Com. v. Bulman, 118 Mass. 456, 19 Am. Rep. 469.) [Follow Form No. 31 to the *, and add:] that Cornelius Bulman, late of Greenfield, in the county of Franklin, on THE ces eae day of ........ , in the year of our Lord one thousand nine hundred and ...... »* at Montague in the county aforesaid, and on divers other days and times between said last mentioned day and the day of finding DISORDERI.Y HOUSES. 569 this indictment, at said Montague, did keep and main- tain a certain common, ill-governed and disorderly house there situate, and in the said house, for his own lucre and gain, certain evil-disposed persons whose names to said jurors as yet are not known, of evil name and fame, and conversation, to frequent and come together, then, and on the said other days and times, there unlawfully and wilfully did cause and procure, and the said persons in the said house, as well in the night as in the day, then, and on said other days and times, there to be and remain, drinking, tippling, cursing, swearing, quarreling, making great noises and otherwise misbehaving themselves, then and there unlawfully and knowingly did permit and suffer, to the great injury and common nuisance of all the citizens of said Commonwealth there being, residing, passing and repassing, and against the peace of the Commonwealth aforesaid. eoee sees eee ees eee tenes 3 District Attorney. NEW HAMPSHIRE, Form No. 783. (Precedent from State v. McGregor, 41 N. H. 409.) [Follow Form No. 42 to the *, and add:] that James McGregor, of Manchester, in the said county of Hills- borough, on the ......... MOT OE bs coewenwe , in the year of our Lord one thousand nine hundred and ........... at Manchester aforesaid, in the county aforesaid, and on divers other days and times between that day and CHE ga wone te Gay GE es avnwsusc , now last past, a certain common, ill-governed, and disorderly house then and there unlawfully did keep and maintain, and in the said house, for his own lucre and gain, certain persons, as well men as women, of evil name, fame, and con- versation, to come together, on the days and times aforesaid, there unlawfully and wilfully did cause and 570 SPECIFIC CRIMES. procure, and the said persons, in the said house, at unlaw- ful times, as well in the night as in the day, on the days and times aforesaid, there to be and remain drinking, whoring, and otherwise misbehaving themselves, unlaw- fully did permit and still doth permit, to the great dam- age and common nuisance of all the peaceable citizens of said State there residing, inhabiting, and passing, con- trary to the form of the statute in such case made and provided, and against the peace and dignity of the State. wie nemeneaeews weeeeey SOlicitor. This is a true bill " Foreman of the Grand Jury. NEW YORE. (Cook’s Pen. Code, 1898, § 322.) Form No. 784. (Precedent from People v. Hatter, 22 N. Y. Supp. 688.) [Venue and Title.] The grand jury of the county of Ulster by this indictment accuse Jacob Hatter of the crime of keeping a disorderly house, committed as fol- lows: The said Jacob Hatter, on the ..... day Of ..<.. 19.., in the city of Kingston, in said county of Ulster, and at divers other days and times between said day and the ...... OOF Of wax ois , 19.., at the city of Kings- ton, in the county of Ulster aforesaid, did keep and main- tain a certain common, ill-governed, and disorderly house, and in said house, for his own lucre and gain, certain persons as well men as women, of evil name and fame and of dishonest conversation, to frequent and come to- gether then and on said days and times, there, unlaw- fully and wilfully did cause and procure, and the said men and women, in his house, at unlawful times, as well in the night as in the day, then and on said days and times there to be and remain, drinking, tippling, gam- bling, whoring, and misbehaving themselves, unlawfully DISORDERLY HOUSES. o71 and wilfully did permit and get, there, thereby, habitually disturbing the peace, comfort, and decency of the neigh- borhood of the said common, ill-governed, and disorderly house, to the great damage and comman nuisance of the people of the state of New York then and there inhabit- ing, residing, and passing, to the evil example of others, and against the form of the statute in such case made and provided, and against the peace and ee of the people of the state of New York. eevee reoseeeere seer ese es District Attorney for the County of Ulster. NORTH CAROLINA. Form No. 785. (Precedent from State v. Evans, 27 N. C., 5 Ired. L., 603.) [Follow Form No. 47 to the *, and add:] that Augusta Anna Evans, late of the said county, spinster, on the eevee day of ......,19.., and thence continually to the time of the finding of this bill, and before, in the county of Rowan, with force and arms, unlawfully did keep and maintain a certain ill-governed and disorderly house, and in the said house then, and on the said other days there, did procure and cause persons of lewd conversation and demeanor to frequent and come together, and then and on the said other days, there to remain drinking, whoring, cursing, swearing and misbehaving themselves, to the great damage and common nuisance of all the good citizens of the said State there inhabiting and living and passing, to the evil example of all others in the like case offending, and against the peace and dignity of the State. Form No. 786. (Precedent from State v. Patterson, 29 N. C., 7 Ired. L., 70, 45 Am. Dec. 506.) [Follow Form No. 47 to the *, and add:] that John Patterson, late of the County of Greene, on the ...... 572 SPECIFIC CRIMES. aay Of 2566s , 19.., and on divers other days and times between that day and the day of the taking of this inqui- sition, with force and arms, at and in the County afore- said, did keep and maintain a certain common ill-gov- erned and disorderly house, and, in his said house, for his own lucre and gain, certain persons, to frequent and come together, then and on the said other days and times, there unlawfully and wilfully did cause and procure, and the said persons in his said house at un- lawful times, as well in the night as in the day, then and on the said other days and times there to be and remain, drinking, tippling, and misbehaving themselves, unlawfully and wilfully did permit and doth permit to the great damage and common nuisance of all the citizens of the State there inhabiting, residing and pass- ing, to the evil example of all others in like case offend- ing, and against the peace and dignity of the State. 2. BAWDY-HOUSE. a. Keeping. 4. In General. COMMON-LAW FORM. Form No. 787. (Precedent from 2 Chit. Crim. L. 39.) [Follow Form No. 776 to the *, and add:] a certain bawdy-house, situate in the parish of St. Paul, Covent Garden aforesaid, unlawfully and wickedly did keep and maintain; and in the said house, for filthy luere and gain, divers evil-disposed persons, as well men as wemen, and whores, on the days and times aforesaid, as well in the night as in the day, there unlawfully and wickedly did receive and entertain, and in which said house, the said evil-disposed persons, and whores, by the consent and procurement of the said Elizabeth Powell on the days and times aforesaid, there did commit whoredom BAW DY-HOUSE—KEEPING. 573 and fornication, whereby divers unlawful assemblies, - riots, routs, affrays, disturbances and violations of the peace of our said lord the king, and dreadful filthy and lewd offenses in the same house, on the days and times aforesaid, as well in the night as in the day, were there committed and perpetrated, to the great damage and common nuisance of all the liege subjects of our said lord the king, in manifest destruction, ruination and subver- sion of youth and other people, their manners, conversa- tion, estate and obedience, and against the peace [con- cluding as in Form No. 776]. ARKANSAS. Form No. 788. (Precedent from State v. Porter, 38 Ark. 637.) [Follow Form No. 12 to the *, and add:] George Porter and Mrs. George Porter, of the crime of keeping a com- mon bawdy-house, committed as follows, to-wit: The said George Porter, on the-...... day OL seine , A.D, 19.., and on divers other days and times between that day and day this indictment is filed in said court, in the city of Hot Springs, in the county of Garland, state aforesaid, did unlawfully keep and maintain a certain common bawdy-house, and in said house, certain persons, as well men as women, of evil name and fame, and of dishonest conversation, then and there, and on the said other days and times, then unlawfully and wilfully did: cause and procure to frequent and come together, and the said men and women in the said house then and on the said other days and times, there to be and remain drink- ing, whoring and misbehaving themselves, unlawfully and wilfully did permit, to the great annoyance and dan- ger, and common nuisance of all persons there inhabiting, being, residing and passing, and against the peace and dignity of the State of Arkansas. Prosecuting Attorney, 574 SPECIFIC CRIMES. FLORIDA. (Rev. Stats., 1892, § 2615.) Form No. 789. (Precedent from King-v. State, 17 Fla. 188.) The State of Florida. In the name and by the authority of the State of Florida: In the Circuit Court of the First Judicial Circuit of the State of Florida for Escambia county, at the Fall Term thereof, in the year of our Lord one thousand nine hundred and ...... Escambia County, to-wit: Be it remembered that William H. Milton, State Attor- ney for the First Judicial Circuit of the State of Florida, prosecuting for said State, being present in said court on the ...... day Ol neces , 19.., gave the court to be informed and understand that one Melissa King, late of the county of Escambia aforesaid, in the Circuit and State aforesaid, on the ...... day Of sacs , in the year of our Lord one thousand nine hundred and ...., then and there being in the county of Escambia, then and there at said time and on divers other days and times between that day and the filing of this information, then and there being, then and there unlawfully did keep a house of ill- fame resorted to for prostitution and lewdness, and the said Melissa King certain persons as well men as women of evil name and fame and of dishonest conversation, then and on the said other days and times there unlaw- fully and willingly did cause and procure to frequent and come together, and the said men and women in the said house of her, the said Melissa King, at unlawful times, as well in the night as in the day, then and on the said other days and times there to be and remain drinking, tippling and whoring and misbehaving themselves, unlawfully did permit and yet do permit, against the form of the statute in such cases made and provided, to the evil example of BAWDY-HOUSE—KEEPING. 575 all others in the like case offending and against the peace and dignity of the State of Florida, wherefore the said William H. Milton, the State attorney as aforesaid, pros- ecuting for said State as aforesaid, prays the advice of the said court in the premises, and that the said Melissa King be arrested and held for trial under the foregoing information, and that a capias may issue forthwith for her arrest. W. H. Milton, State Attorney for the First Judicial Court of the State of Florida Prosecuting for said State. GEORGIA. (3 Ga. Code, 1895, § 391.) Form No. 790. (Precedent from Scarborough v. State, 46 Ga. 26.) [Follow Form No. 21 to the *, and add:] Malta Sear- borough and Harriet Scarborough, of the county and State aforesaid, with the offense of keeping a lewd house; for that the said Malta Scarborough and Harriet Scar- borough, Of .. 10 to the *, and add:] Frank Roe, by rude or indecent behavior, or by profane or obscene language, wilfully disturbed a woman at a public assem- bly met for instruction or recreation, against [concluding as in Form No. 10]. XXII. DRUGGISTS. 1. CARRYING ON BUSINESS WITHOUT A LICENSE. a. In General. WEST VIRGINIA. Form No. 823. (Precedent from State v. Enoch, 26 W. Va. 254.) [Follow Form No. 67 to the *, and add:] that B. B. Enoch on the ...... day of sss: pie I AS es 9 Sa On: divers other days since that time, did carry on the busi- ness of a druggist in said county without a license there- for, against the peace and dignity of the State. Upon 596 SPECIFIC CRIMES. the information of ...... sworn in open court and sent to the grand jury to give evidence on this indictment. b. As Itinerant Vendor Professing to Treat Diseases. IOWA. (Code, 1897, § 2594.) Form No, 824, (Precedent from State v. Bair, 92 Iowa 29, 60 N. W. 486.) [Title and Venue.] The grand jury of the county of Monroe, in the name and by the authority of the state of Iowa, accuse W. M. Bair of the crime of violating the pharmacy law, committed as follows: The said defend- ant, W. M. Bair, onthe ......... Ay OE 66 sce , in the year of our Lord one thousand nine hundred and ...... ; in Monroe county, being then and there an itinerant vendor of drugs, nostrums, ointments, and appliances intended for the treatment of diseases and injuries, did unlawfully and wilfully, by printing, writing, and other methods, publicly profess to treat and cure diseases, injuries, and deformities, by drugs, nostrums, manipu- lations, and other expedients; the said defendant not having a license as such itinerant vendor, nor having paid therefor, as required by law, contrary to the statute in such case made and provided, and: against the peace and dignity of the state of lowa. County Attorney of Monroe County. 2. FOR ATTEMPTING TO PROCURE REGISTRA- TION BY FALSE REPRESENTATIONS. CALIFORNIA. (Gen. Laws, 1897, p. 950, § 11.) Form No. 825. [Title and Venue.] Before me, ...... , a justice of the peace within and for the county of ...... , in the DRUGGISTS— SELLING ADULTERATED DRUGS. 597 State of California, this ...... day OF weve , 19.., per- sonally appeared one Richard Roe, who being first duly sworn on oath says that heretofore, to-wit, on the ...... day of ...... , 19.., in the city of San Francisco, John Doe did apply to the Board of Pharmacy of the state of California for registration as a pharmacist, and did then and there for the purpose of procuring himself to be registered as a pharmacist by said board wilfully and maliciously present to said board a certain writing pur- porting to be the diploma of the Webster College of Pharmacy, a college of pharmacy legally constituted under the laws of the state of Illinois, and did then and there, for the purpose aforesaid, wilfully and maliciously allege and state to said Board of Pharmacy that said writing was a true and bona fide diploma of said college of pharmacy, although, as said John Doe then well knew, said writing was not a true and bona fide diploma of said college of pharmacy, but was a false and forged writing, contrary to the form, force and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the state of California. Wherefore complainant, the said Richard Roe, prays that a warrant may issue for the arrest and apprehension of the said John Doe, and that he may be dealt with according to law. Richard Roe. Subscribed and sworn to before me this ...... day of 19. e enw esny Justice of the Pesud, 3. FOR SELLING ADULTERATED DRUGS. OHIO. Form No. 826. (Precedent from State v. Emery, 3 Ohio N. P. 204.) [Venue. ] Before me, Peter M. Gress, personally came George Holmes, Jr., who, being duly sworn according to law, deposes and says that on or about the ...... day of 598 SPECIFIC CRIMES. events ,19.., at the county of Lucas, one Glen K. Emery did unlawfully offer, expose for sale and did unlawfully sell to the said George Holmes, Jr., a quantity, to-wit, a package, of a certain drug as, for and under and by the name of cochineal, that then and there said so-called and so-represented cochineal was adulterated in this, to-wit, that being offered and exposed for sale, under and by a name recognized in the United States Pharmacopzia, it then and there differed in the standard or strength, qual- ity and purity laid down in said United States Pharma- copeia for cochineal. George Holmes, Jr. Sworn to and subscribed before me, this ...... day Of waasinn » 19. Peter M. Gress, Justice of the Peace. 4. FOR SELLING POISON. a. Without Label. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par. 153.) Form No. 827. [Venue.] The complaint and information of Richard Roe of ...... , in said county, made before ....... , Hisq., one of the justices of the peace in and for said county, on THE ene chons day Of ca .saes ,19.., who being duly sworn upon oath says, that John Doe of ........... , in the said county, on the....... May OE sok ,19..,* did sell and then and there deliver prussic acid [or any other sub- stance or liquid usually denominated as poisonous], then and there being a poisonous substance, to one Samuel Short without then and there having the word ‘‘poison”’ written or printed upon the label attached to the phial (or parcel) in which said drug was then and there contained, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the DRUGGISTS—SELLING POISONS. 599 people of the state of Illinois, and that the said Richard Roe has just and reasonable grounds to believe, and does believe, the said John Doe charged as aforesaid to be guilty thereof as herein set forth. He therefore prays that the said John Doe may be arrested and dealt with according to law.. Richard Roe. Subscribed and sworn to before me this ....... day of eee re ee , Justice of the Peace. b. Without Keeping Record. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par, 154.) Form No. 828. [Follow Form No. 827 to the *, and add:] did sell prussic acid without the written prescription of a physi- cian, and did not then and there keep a record of the date of such sale, nor of the amount of said prussic acid so sold, nor of the person to whom said prussic acid was then and there delivered, contrary to the form [con- cluding as in Form No. 827}. c. To a Minor. OHIO. (Bates’s Ann. Stats., 1897, § 6957.) Form No. 829. {Follow Form No. 50 to the *, and add:] that Robert George, late of the county aforesaid, on tha....... day Gb bea oes in the year of our Lord one thousand nine hun- dredand...... , with force and arms, at the county afore- said, did unlawfully, wilfully and knowingly, and without the prescription of a physician, sell a certain quantity of carbolic acid, an article belonging to the class usually 600 SPECIFIC CRIMES. denominated poisons, to Erna Friedersdorf, a minor, con- trary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Ohio. . ised eetenenwues , Prosecuting Attorney. VisGee tee eceyeree , Foreman of the Grand Jury. XXIV. DRUNKENNESS. 1, SIMPLE DRUNKENNESS. a. In General. COMMON LAW. (Stat. 21, Jac, 1, ch. 7.) Form No, 830. (Precedent from 1 Burn J. P. 83.) County of Middlesex, ss. The information of Aaron Ingraham of St. Paul, Co- vent Garden, in the county aforesaid, yeoman, exhibited before me, John Price, Esquire, one of his majesty’s jus- tices of the peace for the said county, the ........ day of Ck pois , in the year 19.., who on his oath saith that An- drew Oliver, of St. Paul, Covent Garden, in the county aforesaid, laborer, on the ........ day Of sscsees , in the year aforesaid, at the parish of St. Paul in the said county, was drunk, contrary to the statute in such case made; and thereupon he the said Aaron Ingraham pray- eth that he the said Andrew Oliver may forfeit the sum of 5s to the use of the poor of the said parish, as by the said statute is required. Before me, John Price, - Aaron Ingraham. DRUNKENNESS——SIMPLE. 601 MASSACHUSETTS, (Gen. Stats., 1860, ch. 165, § 25; Stats., 1891, ch. 427, § 5.). Form No. 831. (Precedent from Com. v. McNamara, 116 Mass. 340.) [Venue.] John Doe of Haverhill in the county of Essex on behalf of the commonwealth of Massachusetts, on oath, complains that * Henry McNamara of Haverhill aforesaid, on the ....... day of ...... , in the year of our Lord nineteen hundred and ......... , at Haverhill afore- said, with force and arms was guilty of the crime of drunkenness by the voluntary use of intoxicating liquor, against the peace of the said commonwealth, and con- trary to the form of the statute in such case made and pro- vided. John Doe. Essex, ss: Received and sworn to the ......... day of pelpeewe , in the year of our Lord one thousand nine hun- dred and ....... before said court. sora te wales pemene oe ee , Clerk. NEW JERSEY. (Gen. Stats., 1895, p. 3715, § 38.) Form No. 832. [Venue.] Beit remembered that on the ....... day of smears , in the year (seal) 19.., John Doe, of the city of Passaic, maketh oath before me Abraham Kent, a justice of the peace in and for the said county, that Richard Roe, of the said city of Passaic in said county on the weiamaine day of ......., in the year aforesaid, at the City Hall Park in the said city of Passaic in the said county, was drunk. John Doe. Sworn to and subscribed before me this ....... day of Abraham Kent, Justice of the Peace. 602 SPECIFIC CRIMES. b. Second Offense. MASSACHUSETTS. Form No, 833. (Precedent from Com. v. Miller, 74 Mass., 8 Gray, 484.) [Follow Form No. 881 to the *, and add:] George H. Miller of said Chicopee, on the ....... day GE irises in the year of our Lord one thousand nine hundred and suas , at said Chicopee, with force and arms was guilty of the crime of drunkenness, by the voluntary use of in- toxicating liquor. Also that the said George H. Miller, on the ...... day OL SAI i soe ys , at said Chicopee, before said police court, was duly and legally convicted of the crime of drunk- enness, committed at said Chicopee on the ...... day of SHC. 9406 koa , which judgment is in full force and not re- versed, against he peace of said commonwealth and the form of the statutes in such cases made and provided Laomcnding as in Form No. aah 2. BEING FOUND INTOXICATED. INDIANA, Form No. 834. (Precedent from State v. First, 82 Ind. 81.) [Venue and Title.] Jacob C. Wemmer, being duly sworn, on his oath says that one Jacob H. First, late of said county, on the....... day OL w.czaus ~ i. D.19. ab said county and State aforesaid, did then and there un- lawfully appear upon the public streets of the town of Warren, in said county, and was then and there found unlawfully in a state of intoxication, contrary to the form of the statute in such case made and provided. Jacob C. Wemmer. Subscribed and sworn to this ........ day of 194. Ce Justice of the pe DRUNKENNESS—DISTURBING PEACE. 603 3. IN PUBLIC AND DISTURBING PEACE. a. In General. MAINE. Form No. 835, (Precedent based on State v. McLoon, 78 Me. 420.) State of Maine, Knox, ss: To the Judge of our Police Court for the City of Rockland, in the County of Knox: A. J. Crockett, of Rockland, in said county of Knox, on THe: sscadars Gar OF s2e vce , in the year of our Lord one thousand nine hundred and ...... , in behalf of said state, on oath complains that Silas W. McLoon, of Rockland, in the county of Knox, laborer, on the ...... day Of sesss. aforesaid, at Rockland aforesaid, in the county aforesaid, did voluntarily drink intoxicating liquors to excess, and was then and there guilty of drunkenness by said volun- tary use of said intoxicating liquors, and was then and there at a public place called the public square in Rock- land aforesaid found and seen drunk and intoxicated and disturbing the peace of the public, against the peace of said state, and contrary to the form of the statute in such case made and provided. Wherefore, the said complainant prays that the said respondent may be apprehended and held to answer to this complaint, and dealt with relative to the same, as law and justice may require. Dated at Rockland aforesaid, this ...... QI OF nesees in the year of our Lord one thousand nine hundred-and sce A. J. Crockett. b. Within Curtilage of Private Residence. ALABAMA, (Crim. Code, 1886, § 4035.) Form No. 836, [Follow Form No. 332 to the *, and add:] John Doe while intoxicated or drunk, at and within the curtilage 604 SPECIFIC CRIMES. of a private residence not his own, to-wit, at the private residence of one Samuel Short, when there were present the said Samuel Short and his wife and daughter, and did then and there manifest a drunken condition by bois- terous and indecent conduct, and by rude and profane discourse, against the peace [concluding as im Form No. 332]. 4. OF A PHYSICIAN. ARIZONA, (Pen. Code, 1887, § 571.) Form No. 837. [Follow Form No. 11 to.the *, and add:] Richard Roe is accused by the grand jury of the county of Cochise by this indictment of the crime of misdemeanor committed as follows: The said Richard Roe at the city of Tomb- stone in said county, being then and there a duly reg- istered and regular practicing physician and being then and there in a state of intoxication, did on the ...... day Of gieueies , 19.., at the city of Tombstone aforesaid, as such physician prescribe and administer to John Doe a certain drug or medicine, the more particular name and description of which is to the jurors aforesaid unknown, by which the life of the said John Doe was then and there greatly endangered. (ieitiapeadiewdeees , District Attorney. 5. OF A PUBLIC OFFICER. KENTUCKY. (Stats. 1894, § 3749.) Form No. 838. (Precedent from Com. v. Williams, 79 Ky. 48, 42 Am. Rep. 204.) [Venue and Title.| The grand jury of Graves county, in the name and by the authority of the commonwealth of Kentucky, accuse R. H. Williams of the offense of DRUNKENNESS—OF RAILROAD EMPLOYEE. 605 being intoxicated while discharging the duties of county judge, committed as follows: The said R. H. Williams, on the ....... day Of axecun : 19..,in the county aforesaid, he being judge of the county court of Graves county, duly elected and qualified as such judge, was, while engaged in the performance of official duties as such judge, found to be in a state of intoxica- tion from the use of spirituous, vinous, or malt liquors; and particularly was said judge R. H. Williams in a state of intoxication while engaged in the discharge of official duties on the ...... Gay OF sosres , 19.., when Elisha Tom came before said county judge for the purpose of obtaining letters of administration on the estate of W. S. L. Tom, then deceased, and to execute bond as such before said judge, and to have appraisers of said estate appointed, all of which was done before said R. H. Williams as such judge on said day; and during the time of the transaction of all this official business before said judge R. H. Williams as aforesaid he was in a state of intoxication from the use of spirituous, vinous, or malt liquors, contrary to the form of the statute and against the peace and dignity of the commonwealth of Kentucky. 6. OF A RAILROAD EMPLOYEE. WEST VIRGINIA. (Code, 1891, ch. 145, § 30.) Form No. 839. [Follow Form No. 67 to the *, and add:] That John Doe was then and there a person in charge of a locomo-, tive engine running upon the railroad of the West Vir-: ginia and Pittsburgh Railroad Company, and while in charge of a locomotive engine on said railroad, was then and there intoxicated, against the peace and dignity of the state. [Concluding as in Form No. 67.] 606 SPECIFIC CRIMES. 7. COMMON DRUNKARD. MASSACHUSETTS. Form No. 840, (Precedent from Com. v. Boon, 68 Mass., 2 Gray, 74.) Commonwealth of Massachusetts.. : To the J ustices of the Municipal Court of the Charles- . town District, holder in said district in the city of Boston for the transaction of criminal business, within and for the county of Suffolk. Richard Roe, of Boston, in the county of Suffolk, on behalf of the commonwealth of Massachusetts, on oath complains that John Boon of Boston in the county of Suf- folk, on the ...... day of ...... , in the year of our Lord one thousand nine hundred and ...... , at the city of Bos- ton, within the judicial district of said court, in the county of Suffolk, with force and arms was and is a common drunkard, having been on divers days and times within six months now last past, at said Framingham, drunk and intoxicated by the voluntary and excessive use of spirituous and intoxicating liquors, against the peace of the commonwealth, and the form of the statute in such cases made and provided. Hicharad Hee. Suffolk, ss. Received and sworn to on the ........ day Of tates , in the year of our Lord one thousand nine hun- dred and ...... , before said court. XXV. DUELLING. 1, PROVOKING A CHALLENGE. AT COMMON LAW. Form No. 841. (Precedent from 3 Chit. Crim. L. 861.)1 Middlesex. The jurors for our lord the king upon their oath present, that John Philipps, late of the parish of 1 Held sufficient in Rex v. Philipps, 6 East 464, DUELLING—PROVOKING CHALLENGE. 607 St. Paul, Covent Garden, in the county of Middlesex, gen- tleman,* on the ..... day Of xx. in the .... year of the reign of our sovereign lord George the Seventh, by the grace of God of the United Kingdom of Great Britain and Ireland, king, defender of the faith, with force and arms, at the said parish of St. Paul, Covent Garden, in the said county of Middlesex, unlawfully and maliciously intend- ing to do great bodily harm and mischief to R. G. Thomas, and to break the peace, etc., on the said .......... day of ee , with force and arms, at the parish of St. Paul aforesaid, wickedly and maliciously did endeavor to stir up, provoke and excite the said R. G. Thomas to chal- lenge the said John Philipps to fight a duel with him, the said R. G. Thornas, by then and there writing, sending and delivering to him, R. G. Thomas, a scandalous, mali- cious and provoking letter from the said John Philipps to the said R. G. Thomas, to the tenor and effect follow- ing, viz: ** No. 28, Orchard Street, ...... «ssi.s;19.., Sir (meaning the said R. G. Thomas), it will, I (meaning the said John Philipps) conclude, from the description you gave of your feelings and ideas with respect to insult, in a letter to Mr. Jones, of last ....... date, be sufficient for me to tell you, that in the whole of the Carmarthen- shire election business, as far as it relates to me, you have behaved like a blackguard; I shall expect to hear from you on this subject, and will punctually attend to any appointment you may think proper to make’’ (mean- ing that the said John Phillips would punctually attend to any appointment that the said R. G. Thomas might think proper to make for the purpose of his fighting a duel with and against the said R. G. Thomas), signed by the said John Phillips, with intent to stir up, provoke, and ex- cite the said R. G. Thomas to challenge the said John Philipps to fight a duel with him, against the peace of our said lord the king, his crown and dignity. 608 SPECIFIC CRIMES, MINNESOTA. (Stats., 1894, § 6491.) Form No, 842. [Venue and Title.] John Doe is accused by the grand- jury of the county of Ramsey, by this indictment, of the crime of * attempting to induce a challenge, committed as follows: The said John Doe on the...... day Of «+25 ? A. D. 19.., in the county aforesaid, did unlawfully utter, proclaim and use certain words to and concerning one Richard Roe, with intent to provoke and induce the said Richard Roe then and there unlawfully and feloniously to give a challenge to the said John Doe to fight a duel with deadly weapons, with and against the said Richard Roe. Dated at St. Paul, in the county of Ramsey, the ..... e. day Of wsswdxs , A. D.19.. A true bill. Piae MeOae ea Tees , foreman of the grand-jury. 2. GIVING OR SENDING A CHALLENGE. COMMON LAW. Form No. 843. (Precedent from 3 Chit. Crim. L. 852.) [Follow Form No. 841 to the *, and add:] being a per- son of a wicked and malicious disposition, and a common duel fighter, and disturber of the peace of our said lord the king, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil, On TNS 5.oedcas CGAY Ol ace gas , A. D.19.., with force and arms, at the parish of St. Paul aforesaid, wickedly, and maliciously intending and designing as much as in him lay, not only to disquiet and terrify one Samuel Short, but also the said Samuel Short maliciously, violently, and wickedly to kill and murder, and he, the said Richard Roe, his said malicious and wicked intentions and designs DUELLING—GIVING CHALLENGE, 609 the sooner to complete, perfect, and put in practice, after- wards, to-wit, on the...... day of ws sss: aforesaid, with force and arms, at the parish of St. Paul aforesaid, did unlawfully and wickedly provoke and excite the said Sam- uel Short to fight a duel against him, the said Richard Roe, with a sword, and that he the said Richard Roe a certain challenge in the name of the said Richard Roe, in the form of a letter to the said Samuel Short directed, did then and there maliciously, wickedly and dia- bolically write and cause to be written, and which said letter was to the tenor and effect following, that is to say: [here set forth letter with proper innuendoes to explain it] which said challenge, so as aforesaid written and directed he the said Richard Roe, afterwards, to-wit, on the said ...... day of ...... , at the parish of St. Paul aforesaid, maliciously and wickedly to the said Samuel Short did send and deliver, and cause to be sent and deliv- ered, to the great damage and terror of the said Samuel Short, to the evil example of all others in like case offend- ing, and against the peace [concluding as im Form No. 841]. ALABAMA. (Crim, Code, 1886, § 3767.) Form No. 844. (Precedent from Ivey v. State, 12 Ala. 277.) [Follow Form No. 10 to the *, and add:] that Miles G. Ivey, late of said county, on the ,...... Gay OF cece. , in the year of our Lord one thousand nine hundred and Lisedes , in the county aforesaid, did unlawfully, and ver- bally, give a challenge to one J. Hesia Colloway, to fight him, the said Miles G. Ivey, in single combat, with a deadly weapon, to-wit, a pistol, against the peace and dig- nity of the state of Alabama. wie oder vexkaexe , Solicitor of the third circuit. Crim. Proc. Forms—39 ey 2s 610 SPECIFIC CRIMES. NORTH CAROLINA. Porm No. 845. (Precedent from State v. Farrier, 8 N. C., 1 Hawks, 487.) [Follow Form No. 47 to the *, and add:] that James Farrier, late of the county of Johnston, attorney, on the ieee day of ......., in the year of our Lord one thou- sand nine hundred and ........ , with force and arms, at and in the county of Johnston, wickedly and maliciously intending and designing, as much as in him lay, not only to disquiet and terrify one John M’Leod, but also the said John M’Leod, maliciously, violently, and wickedly to kill and murder, did unlawfully and wickedly provoke and ex- cite the said John M’Leod to fight a duel against him the said James Farrier, with pistols, or some other danger- ous and mortal weapons; and that he the said James Far- rier, a certain challenge, in the name of the said James Farrier, in the form of a letter to the said John M’Leod directed, did then and there maliciously write and cause to be written; which said challenge, so as aforesaid writ- ten and directed, he the said Farrier afterwards, to-wit, on the said ......... CAYO! wanacrty , in the year of our Lord one thousand nine hundred and ...... , at and in the county of Johnston aforesaid, maliciously and wickedly, to the said John M’Leod did send and contrive to be delivered, and cause to be sent and delivered, and which said challenge in the form of a letter is as follows, that is to say: [here was set forth the letter]. To the great ‘damage of the said John M’Leod, to the evil and per- nicious example of all others in the like case offending, contrary to an act of the General Assembly in such case made and provided, and against the peace and dignity of the State. DUELLING—CARRYING CHALLENGE, 611 3. CARRYING AND DELIVERING A CHALLENGE. COMMON LAW. Form No. 846. (Precedent from 3 Chit. Crim. L, 854.) [Follow Form No. 841 to the *, and add:] intending to procure great bodily harm and mischief to be done to Richard Roe, late of the same place, gentleman, and to incite and provoke the said Richard Roe unlawfully to fight a duel with and against one Samuel Short, late of the same place, esquire, on the...... day Of vs0.au53 Ax D. 19.., with force and arms, at the parish of St. Paul aforesaid, did unlawfully and wickedly deliver, and cause to be delivered, a certain written challenge of and from the said Samuel Short to the said Richard Roe unlaw- fully to fight a duel with and against the said Samuel Short, which said written challenge is as follows, that is to say, [here set out the written challenge] to the great damage of the said Richard Roe, in contempt of our said lord the king, and his laws and against the peace of our said lord the king, his crown and dignity. — And the jurors aforesaid, upon their oath aforesaid, do further present, that the said John Doe intending as aforesaid, afterwards, to-wit, on the same ..... .. day of spare eee aforesaid, with force and arms, at the parish of St. Paul aforesaid, unlawfully and wickedly did deliver, or cause to be delivered, a certain written challenge as from and on the part and by the desire of the said Sam- uel Short to the said Richard Roe unlawfully to fight a duel with and against the said Samuel Short, which said written challenge is as follows, that is to say [here set out the written challenge], to the great damage of [con-. cluding as 1n first count]. 612 SPECIFIC CRIMES. MINNESOTA. (Stat., 1894, § 6489.) Form No. 847. [Follow Form No. 842 to the *, and add:] carrying and delivering a challenge to fight a duel, committed as fol- lows: The said John Doe, on the ....... ay Of cescess A. D. 19. ., in the county aforesaid, did unlawfully and knowingly carry and deliver to one Richard Roe a cer- tain written (or verbal) message, purporting and in- tended to be a challenge (or an invitation to a combat with deadly weapons) of and from one Samuel Short to the said Richard Roe, unlawfully to fight a duel with and against the said Samuel Short. Dated [concluding as in Form No. 842]. 4, ACCEPTING A CHALLENGE. MISSOURI. (Rev. Stats., 1889, § 3754.) Form No, 848. | [Follow Form No. 36 to the *, and add:] that John Doe, late of the county of Oregon, and state of Missouri, on the ........ day ol egienyia , A. D.19.., at and in the county of Oregon and state of Missouri, did then and there * unlawfully, wilfully, and maliciously accept a written (or verbal) message from one Richard Roe, said message purporting and intended to be a challenge to fight a duel with dangerous and deadly weapons, with the said Richard Roe, contrary to the form of the statute in such case made and provided, and against the peace and. dignity of the state. DUELLING—FIGHTING, ETC. ; 613 5. FIGHTING A DUEL. MISSOURI. (Rev. Stats., 1889, § 3753.) Form No. 849. [Follow Form No. 848 to the *, and add:] unlawfully, wilfully and feloniously fight a duel with one Samuel Short, then and there being, with dangerous weapons, to-wit, with rapiers, to the great hazard of the lives of the said Samuel Short and John Doe, from which said duel so fought as aforesaid by and between the said Sam- uel Short and John Doe no death or bodily harm did ensue, against [concluding as mm Form No. 848]. 6. LEAVING STATE TO ENGAGE IN DUELLING. a. To Give or Recewe a Challenge. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par. 160.) Form No. 850. [Follow Form No. 23 to the *, and add:] That John DGS, GH THE sicker Gay Ol sneeews , in the year of our Lord one thousand nine hundred and ....... , at the city of Carrollton, in the county of Greene aforesaid, then and there being an inhabitant of the state of Illinois aforesaid, did then and there wilfully, unlawfully and feloniously leave the state of [linois aforesaid, and go to the city of St. Louis, in the state of Missouri, for the purpose of eluding the operation of the provisions of the statutes of the state of Illinois aforesaid respecting duelling and challenges to fight, and with intent of giving (or receiv- ing) .a challenge to fight a duel with deadly weapons to (or from) one Richard Roe; and afterwards, to-wit, on the day and year aforesaid, without the state of Llinois, to-wit, at the city of St. Louis aforesaid, in the state of Missouri aforesaid, did knowingly, wilfully and unlaw- 614 SPECIFIC CRIMES. fully give (or receive) to (or from) the said Richard Roe a challenge to fight a duel with deadly weapons, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the same state of Illinois. Perr rer rT te , State’s Attorney. b. Agreeing to Leave State. INDIANA, (Horner’s Stats., 1896, § 1977.) . Form No. 851. [Follow Form No. 24 to the *, and add:] That John Doe, on the ......... day of wicecass , A. D. 19.., at the county of Clark, did unlawfully agree with one Richard Roe to go out of the state of Indiana, to-wit, to the state of Illinois, for the purpose of fighting a duel with deadly ‘weapons, with and against the said Richard Roe, con- trary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Indiana. 94 60 hese ee eee ss , Prosecuting Attorney. 7. ACTING AS SECOND. TEXAS. (Pen. Code, 1895, art. 715.) Form No. 852. [Follow Form No. 60 to the *, and add:] That on the dean day of ......, A. D.19.., in the county and state aforesaid, Samuel Short and William West did engage with each other in a duel with deadly weapons, and that the said Richard Roe did then and there unlawfully and knowingly act as second to the said Samuel Short in said duel, against the peace and dignity of the state of Texas. iesatacuntesnwees , Foreman of the Grand Jury. DUELLING—CONCEALING KNOWLEDGE, ETC. 615 8 CONSENTING TO ACT AS SECOND. GEORGIA. (3 Ga. Code, 1895, § 349.) Form No. 853. [Follow Form No. 21 to the *, and add:} Richard Roe, of the county and state aforesaid, with the offense of consenting to become a second in a duel, for that the said Richard Roe, on the ........ day Of 50. .c085 , in the year ‘of our Lord one thousand nine hundred and ........ , at Anderson, in the county and state aforesaid, did then and there unlawfully, knowingly and wilfully consent to be- come and act as a second in a certain duel (or combat) unlawfully to be fought with deadly weapons by and between certain persons whose names to the grand jurors aforesaid are unknown, contrary to the laws of said state, the good order, peace and dignity thereof. Mavara scewestwe iaiate mucha a atyats , Solicitor-General. ea see eee Term, Superior Court, A. D.19.. 9. CONCEALING KNOWLEDGE OF CHALLENGE. PENNSYLVANIA. (Bright. Pur. Dig., 1894, p. 493, § 118.) Form No. 854. [Follow Form No. 55 to the *, and add:] That John Doe, late of said county, on the...... day Of 2.5.5: At, DD. 19.., at the county aforesaid, unlawfully gave a chal- lenge to (or received a challenge from) one Richard Roe to fight at swords, and that one Samuel Short, late of said county, not being a party to the challenging afore- said, afterwards, to-wit, on the day and year aforesaid, in the county aforesaid, then had knowledge of the fact of the challenging as aforesaid, and the said Samuel Short, having such knowledge as aforesaid, did then and there unlawfully conceal the same, and did not inform 616 SPECIFIC CRIMES. thereof, contrary to the form of the act of general assem- bly in such case made and provided, and against the peace and dignity of the commonwealth of Pennsylvania. District Attorney. eee wm eee eee ese renee e ry 10. POSTING ONE FOR FAILURE TO FIGHT. MICHIGAN. (How. Ann. Stats., 1882, § 9083.) Form No. 855. [Follow Form No. 32 to the *, and add:] and gives the court here to understand and be informed that Richard Roe, late of the township of Adrian in the county afore- said, heretofore, to-wit, on the ...... day OF wewwas ,in the year of our Lord one thousand nine hundred and Se anereie , at the township of Lenawee aforesaid, did unlaw- fully post one Samuel Short for not fighting a duel with him the said Richard Roe (or for not sending or accept- ing a challenge to or from the said Richard Roe), by then and there [here state the manner of posting], against the form of the statute in such case made and provided, and against the peace and dignity of the peo- ple of the state of Michigan. Bus piknae Gan iear ees anal , Prosecuting Attorney. 11. AGAINST OFFICER FAILING TO USE AUTHORITY TO PREVENT DUEL. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 230.): Form No. 856, [Venue and Title.] John Doe is accused by the grand jurors of the county of Modoe, by this indictment, of the crime of failing to use and exert his official authority to prevent a duel, committed as follows: The said John Doe, on the ...... day OL wise , in the year of our Lord EMBEZZLEMENT—BY AGENT, ETC. 617 one thousand nine hundred and ...... , was an officer bound to preserve the peace, to-wit, the sheriff (or other officer) of the county aforesaid, duly elected and qualified as such, and exercising the duties of his office, on said eer day of ......, in said county; that the said John Doe, then and there being such officer as aforesaid, was informed and had knowledge of the intention on the part of one Richard Roe and one Samuel Short, then and there unlawfully to fight a duel with each other with deadly weapons, and the said John Doe, having such knowledge as aforesaid, then and there did not use and exert his authority to arrest the said Richard Roe and Samuel Short and prevent said duel, but unlawfully refused and neglected to perform his duty in that regard, contrary to the form, force and effect of the statute in such case made and provided, and against the peace and dignity of the people of the state of California. (ite e lee eeee het uene wet , Prosecuting Attorney. ‘XXVI. EMBEZZLEMENT. 1. BY AGENT OR SERVANT. a. Of Private Person. ALABAMA. (Crim. Code, 1896, § 4659.) Form No. 857. (Precedent from Lowenthal v. State, 32 Ala. 589.) [Follow Form No. 10 to the *, and add:] Jules Lowen- thal, being the agent or clerk of Henry Sengstak, the said Jules not being an apprentice, or under the age of eight-| een years, embezzled, or fraudulently converted to his own use, money to about the amount of eighteen hundred dollars, and a bill of exchange to about the amount of eighteen hundred dollars, which came into his possession by virtue of his employment; against the peace and dig- nity of the State of Alabama. 618 SPECIFIC CRIMES. ILLINOIS. (Starr & C, Ann. Stats., 1896, ch. 38, par. 166.) Form No. 858. (Precedent from Lycan v. People, 107 Ill. 424.) [Follow Form No. 28 to the *, and add:] that Edward B. Lycan, late of said county, on the ...... day Of cxeass ‘ in the year of our Lord one thousand nine hundred and stewie , and in the county of Peoria aforesaid being then and there the agent of Ellen Wilkes, did then and there, by virtue of his said employment, have, receive and take into his possession certain money to a large amount, to-wit, to the amount of $600, and of the value of $600, of the property and moneys of said Ellen Wilkes, and said Lycan’s said employer, and the said Lycan the said money then and there feloniously did embezzle and fraud- ulently convert to his own use, with intent then and there to steal the same, without the consent of the said Ellen Wilkes, the said Lycan’s employer, whereby, by force of the statute in such case made and provided, the said Lycan is deemed to have committed the crime of lar- ceny, and so the jurors aforesaid, upon their oaths afore- said, do say that the said Lycan then and there, in man- ner aforesaid, the said money of the property and moneys of the said Ellen Wilkes, the said Lycan’s said employer, from the said Ellen Wilkes did then and there feloniously steal, take, and carry away, contrary to the form of the statute in such case made and provided and against the peace of the same people of the state of Ilinois. And the grand jurors aforesaid, upon their oaths afore- said, do further present that the said Edward B. Lycan, on the ...... day of sce. , in the year of our Lord one thousand nine hundred and ...... , and in the county of Peoria aforesaid, fraudulently and feloniously did embez- zle and convert to his own use, with intent to steal the same, $600 in money, and of the value of $600, of the e EMBEZZILEMENT—BY AGENT, ETC. 619 money and property of one Ellen Wilkes, without then and there having the consent of the said Ellen Wilkes, and so the jurors aforesaid, on their oaths aforesaid, do say that the said Lycan then and there, in manner and form aforesaid, the said money, the property of the said Ellen Wilkes, from the said Ellen Wilkes feloniously did steal, take and carry away, contrary to the form of the statute in such case made and provided and against the peace of the same people of the state of Llinois. evr ee ee , State’s Attorney. INDIANA, (Horner's Stats., 1896, § 1944.) Form No. 859. (Precedent from Ritter v. State, 111 Ind. 324.) [Follow Form No. 24 to the *, and add:] that one Daniel Ritter, late of said county, on the ...... day of Lege eees ,19.., at the county of Elkhart and State of Indi- ana, was then and there an employee of one John Mc- Carter; that said Daniel Ritter, as such employee, then and there had been intrusted by said John McCarter with, and had the control and possession of divers moneys, bills, notes, United States treasury notes, and national bank notes, current money of the United States, amount- ing in all to the sum of $315, of the property of the said John McCarter, to the possession of which the said John McCarter was then and there entitled; a more particular and accurate description of said moneys, bills, notes, United States treasury notes, and national bank notes, is to this grand jury unknown and can not be given for the reason that they are in the possession of some person or persons to this grand jury unknown; that said Daniel Ritter did then and there, and while in the employment of said John McCarter, unlawfully, purposely, knowingly, fraudulently and feloniously purloin, secrete, embezzle and appropriate to his own use all of said moneys, bills, notes, United States treasury notes and national bank 620 SPECIFIC CRIMES. notes, then and there in the possession of said Daniel Ritter as aforesaid, without then and there having the consent of said John McCarter so to do, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Indiana. Ssce PRES Ws seeeeees, Prosecuting Attorney. KENTUCKY. (Ky. Stats., 1894, § 1203.) Form No. 860. .(Precedent from Johnson v. Com., 68 Ky., 5 Bush, 431.) [Follow Form No. 27 to the *, and add:] William John- son of the crime of embezzlement, committed as follows, viz.: The said William Johnson, in said county of Jeffer- son, on the ...... day of ...... ,19.., being at the time in the employ as a servant of Press Means, did fraudu- lently and feloniously convert to his own use, various treasury notes of the United States, of various sizes and denominations, of the value of nine dollars and fifty cents, and various national bank bills, currency of the United States, of various denominations, and of the value of nine dollars, the property of Press Means, being the price of sand hauled and delivered to ...... Holbrook by the said Johnson, as the servant of said Means, and with the collection of which he, the said Johnson, was intrusted by the said Means, contrary to the form of the statute in such case made and provided and against the peace and dignity of the commonwealth of Kentucky. MICHIGAN. (How. Ann, Stats., 1882, § 9151.) Form No. 861, (Precedent from People v. Converse, 74 Mich. 479, 16 Am. St. Rep. 648, 42 N. W. 70.) [Venue.] Herbert E. Winsor, prosecuting attorney for the county of Calhoun aforesaid, for and in behalf of EMBEZZLEMENT—BY AGENT, ETO. 621 the people of the State of Michigan, comes into said court in the ...... term thereof, A. D. 19.., and gives it here to understand and be informed that Eugene M. Converse, late of the city of Battle Creek, in the county of Calhoun and State of Michigan, heretofore, to-wit, on the ...... Way OE ge sirs , in the year one thousand nine hundred ON e255 , at the city of Battle Creek, in said county of Calhoun and State of Michigan, being then and there agent to John E. Dunning and Daniel W. Hall, the execu- tors of the last will and testament of Rice Hall, deceased, and being then and there the agent of them, the said John E. Dunning and Daniel W. Hall, executors of the last will and testament of Rice Hall, deceased, and not being then and there an apprentice, nor any other person under the age of sixteen years, did by virtue of his said employment then and there, and whilst he was such agent as aforesaid, receive and take into his possession certain moneys to a large amount, to-wit, to the amount of four thousand dollars, of the value of four thousand dollars, of the property of the said John E. Dunning and Daniel W. Hall, as such executors, and which said money came to the possession of the said Eugene M. Converse by virtue of said employment, and the said money then and there fraudulently and feloniously did embezzle and con- vert to his own use, without the consent of the said John E. Dunning and Daniel W. Hall, as such executors as aforesaid, his said employers, and that so the said Eugene M. Converse did then and there, in manner and form aforesaid, the said money, and property of the said John E. Dunning and Daniel W. Hall, as executors as afore- said, his said employers, from the said Jobn E. Dunning and Daniel W. Hall, as such executors as aforesaid, felo- niously did steal, take, and carry away, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michigan. Herbert E. Winsor, Prosecuting Attorney. 622 SPECIFIC CRIMES. MISSOURI. (Rev. Stats. 1889, § 3459.) Form No. 862. (Precedent from State v. Adams, 108 Mo. 211.) [Follow Form No. 36 to the *, and add:] that W. A. Adams, on the ...... day of ...... , in the year of our Lord one thousand nine hundred and ..... , in the county aforesaid, being then and there agent and collector of a certain private person, to-wit, one James A. Guest, and the said W. A. Adams being then and there not a person under the age of sixteen years, did then and there, by virtue of his employment as agent and collector of the said James A. Guest, have, receive and take into his possession, and under his care, certain personal prop- erty, to-wit, a style S. Star piano, number 5758, of the value of $300, and of the property belonging to the said James A. Guest, and the said W. A. Adams the said piano then and there feloniously did embezzle and fraud- ulently convert to his own use without the assent of his employer, the said James A. Guest, the owner of said piano, and the said W. A. Adams, the said piano, in man- ner and form aforesaid feloniously did steal, take and carry away, against the peace and dignity of the state. Prosecuting Attorney for the County of Adate NORTH CAROLINA. (N. C. Code, 1883, § 1014.) Form No. 863. (Precedent from State v. Lanier, 89 N. C. 517.) _ [Follow Form No. 47 to the *, and add:] that Jere Lanier, late of the county of New Hanover, on the ...... day of ...... , A. D.19.., with force and arms at and in said county being then and there employed as a servant of Addie P. McClammy, by virtue of his employment, EMBEZZLEMENT—BY AGENT, ETC. 623 and whilst he was so employed, did receive and take into his possession certain money, to-wit, seven dollars and fifty cents, for and in the name of, and on account of the said Addie P. McClammy, his mistress and employer, the said Lanier not being an apprentice, nor under the age of sixteen years; and the said money then and there fraudulently and feloniously did embezzle. And so the jurors aforesaid on their oath aforesaid, do say, that said Lanier, in manner and form aforesaid, the said money, the property of said Addie P. McClammy, felo- niously did steal, take and carry away, against the form of the statute in such case made and provided and against the peace and dignity of the state. ee ee ee , Solicitor. WASHINGTON. (Ballinger’s Ann. Codes & Stats., 1897, § 7119.) Form No. 864. (Precedent from Terry v. State, 1 Wash. 277, 24 Pac. 447.) [Follow Form No. 66 to the *, and add:] The said J. EB. Terry, on. the <0... day Of sxx , A D. 19.,, in the county of King, in the district aforesaid, then and there being the agent for hire of one W. H. Gleason for sale of a certain horse then and there being the personal prop- erty of said W. H. Gleason, did then and there sell the said horse to one F. E. Scott for the sum and price of one hundred and ninety dollars, and did then and there by virtue of said employment receive from said F. EH. Scott as the purchase price of said horse, and as the per- sonal property of said Gleason, the sum of one hundred and fifty dollars lawful money of the United States, and the promissory note of said Scott for forty dollars; and did then and there wilfully, fraudulently and feloniously take and secrete the whole of said money with the intent thereby to embezzle and fraudulently convert the same to his own use. Contrary to the form of the statute in 624 . SPECIFIC CRIMES. such case made and provided and against the peace and dignity of the people of the state of Washington. Dated at Seattle in the county aforesaid, the ...... GB OF aces ya. DL 19s MHANKG Lee eRe eee , Prosecuting Attorney. b. Of Partnership. KENTUCKY. (Ky. Stats., 1894, § 1203.) Form No. 865. (Precedent from Com. v, Clifford, 96 Ky. 5.) {Follow Form No. 27 to the *, and add:] Frank L. Clif- ford of the crime of embezzlement, committed as follows: The said Frank L. Clifford in the county aforesaid, on THE Sis os day Gf sacac ,19.., and before finding of this indictment, being a servant in the employment of the Adams Express Company, at Stanford, a copartnership authorized to do business and doing business as a com- mon carrier of packages of money, goods and other things of value, did fraudulently and feloniously convert to his own use one hundred dollars, to-wit, ten United States treasury notes of the paper currency of the United States of America, of the denomination and value of ten dollars each, which said money thus appropriated had been intrusted to said Adams Express Company at Dallas, Texas, to be conveyed by it to Stanford, and delivered at said place to one M. E. Hulett, the owner, and entitled to possession of the same. But said Clifford, who was the servant and local agent of said Adams Express Com- pany at Stanford, received said package, which was con- veyed by said company to Stanford, and intrusted to said Clifford as agent aforesaid, to be delivered to said Hulett, and the said Clifford failed and refused to deliver said package to said Hulett, and fraudulently embezzled and converted the same to his own use against the peace and dignity of the Commonwealth of Kentucky. EMBEZZLEMENT—-AGENT OF PARTNERSHIP. 625 MASSACHUSETTS. (Gen. Stats., 1860, ch. 161, § 42; Pub. Stats., 1882, ch. 203, § 44.) Form No. 866. (Precedent from Com, v. Bennett, 118 Mass. 444.) [Follow Form No. 31 to the *, and add:] that James H. Bennett, late of Boston, in the county of Suffolk afore- said, on the ...... day Of <2252x , in the year of our Lord one thousand nine hundred and ...... , at Boston in _ said county,* being then and there the clerk, servant and agent of Gustavus G. Prescott and Elijah W. Wood, said Prescott and Wood then and there being copartners in business (the said Bennett not being then and there an apprentice to the said Prescott and Wood, or to either of them, and not being then and there a person under the age of sixteen years), did then and there, by virtue of his said employment, have, receive and take into his possession certain money to the amount and of the value of twenty-five thousand dollars of the said Prescott and Wood, as such copartners, the said employers of the said Bennett, and that the said Bennett, the said money so by him had, received and possessed, then and there felo- niously did embezzle and fraudulently convert to his own use, without the consent of the said employers, or either of them, whereby, and by force of the statute in such case made and provided, the said Bennett is deemed to have committed the crime of simple larceny. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said Bennett then and there, in manner and form aforesaid, the said money, of the property and moneys of the said Prescott and Wood, feloniously did steal, take and carry away, against the law, peace and dignity of said Commonwealth, and contrary to the statute in such case made and provided. Oe oer sr ese ewer eee ere eeoen 3 Prosecuting Attorney. Crim. Proc. Forms—40 626 SPECIFIC CRIMES. MINNESOTA. (Gen. Stats., ch. 95, § 28.) : Form No. 867. (Precedent from State v. New, 25 Minn. 76.) [Follow Form No. 33 to the *, and add:] The said Thomas New, not being an apprentice, nor under the age of sixteen years, on the ...... ay OF sian us ,A.D.19.., at the city of Minneapolis, in said Hennepin county, then and there being a servant of the American Express Company, a copartnership consisting of various persons, the names of whom are to the grand jury unknown, did wilfully, unlawfully, feloniously and fraudulently embez- zle and convert to his own use, without the consent of his employers, the said express company, divers and sundry genuine and current legal-tender treasury notes, of different denominations, issued by the treasury depart- ment of the United States, and divers and sundry genu- ine current bank notes, of different denominations, issued by divers and sundry national banks, organized under the laws of the United States; which said treasury notes and bank notes amounted in all to the sum of forty dol- lars, but a more particular description of which said treasury notes and bank notes, or either or any of them, or the number thereof, is to the grand jury unknown, all of the same being then and there the property and moneys of the said express company, and all of which had come into the possession of, and were then and there in the possession of, and under the care of, said Thomas New, by virtue of his said employment for said company, when so embezzled as aforesaid; whereby the said Thomas New then and there, feloniously, wilfully, unlaw- fully, and with force and arms, did commit the crime of larceny-as aforesaid, contrary to the statute in such case made and provided and against the peace and dignity of the state of Minnesota. EMBEZZLEMENT-—AGENT OF PARTNERSHIP. 627 Dated at Minneapolis, in the county of Hennepin, the a aieskins day 0f casas. 5 AD. Awe bls, j= _ goicigeeyeiadagsgeaeas Foreman of the Grand J ee RHODE ISLAND. (Gen. Laws, 1896, ch. 279, § 16.) Form No. 868. (Precedent from State v. Taberner, 14 R. I. 273, 51 Am. Rep. 382.) {Follow Form No. 56 to the *, and add:] That James A. Taberner of Providence, in said county, yeoman, on ic ee day Of wccsxx , in the year of our Lord one thousand nine hundred and ...... , with force and arms at Providence aforesaid, in the aforesaid county of Provi- dence, being then and there the clerk and agent of James Higgin and another, did then and there by virtue of his said employment have, receive, and take into his posses- sion certain money to a large amount, to-wit, to the amount of seventeen hundred dollars, and of the value of seventeen hundred dollars, of the property and money of the said James Higgin and another, the said James A. Taberner’s employers, and the said James A. Taberner the said money then and there feloniously did embezzle and fraudulently convert to his own use, without the con- sent of the said James Higgin and another, the said’ James A. Taberner’s said employers, whereby and by force of the statute in such case made and provided the said James A. Taberner is deemed guilty of larceny. And so the jurors aforesaid upon their oaths aforesaid do say that the said James A. Taberner then and there, in manner and form aforesaid, the said money, of the property and money of the said James Higgin and an- other, the said James A. Taberner’s said employers, from the said James Higgin and another feloniously did steal, take, and carry away, against the form of the statute 628 SPECIFIC CRIMES, in such case made and provided, and against the peace and dignity of the State. ee eee e ..eeee--, Attorney General. c. Of Corporation. ARKANSAS. (Sand. & H. Dig., 1894, § 1710.) Form No. 869. (Precedent from Fleener v. State, 58 Ark. 100.) [Follow Form No. 12 to the *, and add:] A. W. Fleener of the crime of larceny committed as follows: The said A. W. Fleener, on the ...... day OF cea wes » 19. «5 1 the county of St. Francis aforesaid, then and there being over the age of sixteen years, and being the agent of the Pacific Express Company, at Wheatley, Arkansas, said Express Company being a corporation organized and incorporated under the constitution and laws of the State of Nebraska, and doing business in the State of Arkansas and county of St. Francis; and having in his possession as such agent as aforesaid, and then and there having come into his possession as such agent as aforesaid, two hundred and fifty-one dollars and sixty-four cents cur- rent money of the United States, the particular denomi- nations and kind of which are to the grand jury unknown, the property of the Pacific Express Company, unlaw- fully, feloniously and fraudulently did make away with, embezzle and convert to his own use, without the consent of the Pacific Express Company as aforesaid, against the peace and dignity of the State of Arkansas. Prosecuting Attorney First Judicial Circuit of Arkansas. EMBEZZLEMENT—AGENT OF CORPORATION. 629 KANSAS. (Gen. Stats., 1897, ch. 100, § 95.) Form No. 870. (Precedent from State v. Crosby, 17 Kan. 396.) [Venue and Title.] Now comes J. C. Knudson, the county attorney of the said county, and in the name and on behalf of the state of Kansas gives the court here to understand and be informed* that in ...... , 19.., in the county of Bourbon and state of Kansas, one J. A. Crosby, whose more full christian name is to the said county attorney unknown being then and there the agent and in the employ of the Howe Machine Company, and being over sixteen years of age, and having in his possession, as agent of said Howe Machine Company, a great num- ber of notes and accounts for collection, said notes and accounts being the property of said Howe Machine Com- pany, did, by virtue of his said employment, and while so employed as said agent, collect, receive, and take into his possession, as such agent for said Howe Machine Company, $131.50, lawful money of the United States, over and above all fees as attorney, charges as agent, or stipulated commissions for making said collections of said money for said company, said Howe Machine Com- pany being a corporation duly incorporated under and by virtue of the laws of Connecticut, and doing business in the state of Kansas, and that said Crosby, so having said moneys in his possession, at the county of Bourbon, on the ...... AS9 OF wciccss , 19.., did refuse and neglect upon demand then and there made by said Howe Machine Company upon him the said Crosby, he being then and there the agent of said company, to deliver and pay over to said Howe Machine Company the said moneys so col- lected as aforesaid, and that he the said Crosby not having lost the said money by means beyond his control before he had opportunity to make delivery thereof to said Howe Machine Company, his employers, nor having 630 SPECIFIC CRIMES. been permitted by said Howe Machine Company, his employers, to use the same, did then and there feloniously embezzle and convert to his own use, without the consent of the said Howe Machine Company, his employers, the said sum of $131.50, lawful money of the United States, of the money, goods and chattels of the said Howe Machine Company, and of the value of $1381.50, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Kansas. J. O. Knudson, County Attorney. WASHINGTON. (Ballinger’s Ann. Codes & Stats., 1897, § 7124.) Form No. 871. (Precedent from In re Hart, 25 U. S. App. 35, 11 C. C. A. 165, 63 Fed. 249.) [Venue and Title.] Samuel H. Hart is accused by the prosecuting attorney of the county of Pierce, State of Washington, by this information of the crime of larceny by embezzlement, committed as follows: The said Samuel H. Hart, on or about the ...... day OF wales , nineteen hundred and ...... , at the county of Pierce, and State of Washington, and within one year prior to the filing of this information, being then and there the agent and servant for hire of Reese, Crandall & Redman, a corpo- ration organized and doing business under and by virtue of the laws of the State of Washington, and as such agent and servant was then and there intrusted by the said Reese, Crandall & Redman with the care and safe- keeping of certain moneys and funds of the said Reese, Crandall & Redman, to-wit, the sum of eighty-nine dol- lars and twenty-eight cents lawful money of the United States of the value of eighty-nine dollars and twenty- eight cents, and did then and there unlawfully, wrong- fully, fraudulently and feloniously abstract, misapply and convert the said money to his own use, and did fail EMBEZZLEMENT—AGENT OF CORPORATION, 631 to account to the said Reese, Crandall & Redman there- for, with intent to defraud, which said money was then and there in the possession of the said Samuel H. Hart and had been received by the said Samuel H. Hart by virtue of his said relations as agent and servant for hire of the said Reese, Crandall & Redman, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State of Washington. W. H. Snell, . Prosecuting Attorney. State of Washington, County of Pierce. \ ° W. H. Snell, prosecuting witneney: being duly sworn, upon oath says that he has read the foregoing informa- tion, knows the contents thereof and believes the same to be true. : W. H. Snell. Subscribed and sworn before me, this ...... day of a erns , A. D, 19., (Seal) Casa eewanaeeteouens County Clerk and Clerk of the Superior Court for Pieres County, State of Washington. WYOMING (Sess. Laws, 1890, ch. 73, § 53.) Form No. 872. (Precedent from Edelhoff v. State, 5 Wyo. 19, 9 Am. Cr. Rep. 256, 36 Pac. 628.) [Follow Form No. 70 to the *, and add:] that Emil Edelhoff, late of the county aforesaid, on the ...... day OL eaeces , in the year of our Lord one thousand nine hundred and ...... , at the county and state aforesaid, the said Emil Edelhoff being then and there a clerk, servant and employee of the Union Pacific Coal Com- pany, a corporation duly existing under the laws of the state of Wyoming, and then and there having access to, control and possession of two hundred and eight and 632 SPECIFIC CRIMES, 40-100 dollars, in lawful money of the United States of America, then and there the property of the said Union Pacific Coal Company, and to the possession of which the said Union Pacific Coal Company was then and there entitled, did, while in such employment, unlawfully and feloniously take, purloin, secrete, and appropriate to his own use, the money aforesaid, then and there belonging to the said Union Pacific Coal Company as aforesaid, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Wyoming. ise ¥exes oecceccsesseesy District Attorney. 2. BY ATTORNEY. FLORIDA. (Rev. Stats., 1892, § 2457:) Form No. 873. (Precedent from Thomas v. State, 33 Fla. 465, 15 So. 225.) In the name and by the authority of the State of Flor- ida. R. A. Burford, county solicitor for the county of Marion, prosecuting for the State of Florida, in the said county, under oath, information makes that Franklin C. Thomas, attorney-at-law, of the county of Marion, and State of Florida, on the ...... day of .cse2« , in the year of our Lord one thousand nine hundred and ...... ; il the county and state aforesaid, then and there being the attorney and agent of one Charles Brown, did embezzle and fraudulently convert to his own use, without the con- sent of the said Charles Brown, two certain promissory notes, one for the sum of three hundred dollars ($300), made at Ocala, Florida, dated ...... ...... , 19.., due and payable to the order of Charles Brown, on or before eevee een kan , 19.., said note being signed by Saml. W. Teague, of the value of three hundred dollars, of the goods and chattels of the said Charles Brown; and the other of said notes being for the sum of four hundred EMBEZZLEMENT—BY ATTORNEY. 633 dollars ($400), made at Ocala, Florida, and dated ...... ee eae , 19.., due and payable to the order of the said Charles Brown, ninety days after date, signed by Samuel W. Teague, of the value of four hundred dollars, of the goods and chattels of Charles Brown, which said two promissory notes came into the possession of the said Franklin C. Thomas by nature of his employment as an attorney and agent aforesaid. Against the form of the statute in such case made and provided, and against the peace and dignity of the state of Florida. Second count: And the county solicitor aforesaid, who prosecutes as aforesaid, in manner and form afore- said, further information makes: That one Franklin C. Thomas, attorney-at-law, of the county of Marion and State of Florida, on the ...... GNP OE s6005% , in the year of our Lord one thousand nine hundred and ...... >. a the county and state aforesaid, then and there being the attorney and agent of one Charles Brown, seven hundred dollars ($700), lawful money of the United States of America, the denomination of which and a more particular description thereof are to the county solicitor unknown, of the money and property of the said Charles Brown, of the value of seven hundred dollars, which came to the possession and under the care of him, the said Franklin C. Thomas, by nature of such employ- ment as an attorney and agent aforesaid, did embezzle and fraudulently convert to the use of the said Franklin C. Thomas without the consent of his employer, the said Charles Brown. Against the form of the statute in such case made and provided, and against the peace and dig- nity of the state of Florida. R. A. Burford, County Solicitor for the County of Marion. 634 SPECIFIC CRIMES. 3. BY BAILEER. a. In General. LOUISIANA. Form No. 874. (Precedent from State v. Flournoy, 46 La, Ann. ‘1518, 16 So. 454.) [Follow Form No. 28 to the *, and add:] that Lem Flournoy, being then and there depositary of J. Thomas, did then and there, by virtue of his said trust, have, re- ceive, and take into his possession one cow, of the value of twenty-five dollars in United States currency, of the property, goods and chattels of the said J. Thomas, the said Lem Flournoy’s said depositor, and the said Lem Flournoy, depositary as aforesaid, the said cow, then and there feloniously and wrongfully did embezzle, use, and dispose of, contrary to the form of the statute of the state of Louisiana, in such case made and provided and against the peace and dignity of the state. b. For Carriage. UTAH. (Rev. Stats., 1898, § 4378.) Form No. 875. (Precedent from People v. Hill, 3 Utah 351, 3 Pac. 75.) [Venue and Title.] Alexander 8. Hill is accused by the grand jury of the county of Salt Lake by this indict- ment of the crime of embezzlement, committed as fol- lows: The said Alexander S. Hill, on the ..... day of A. D. 19.., at the county of Salt Lake, in said state of Utah, having been intrusted as bailee by one Lucy J. Hill with two certificates of deposit of money in the Deseret National Bank, to-wit, one for the sum of five thousand dollars and the other for the sum of four thou- sand dollars, both payable to the order of, and both being EMBEZZLEMENT—BY BAILEE, 635 the property of, said Lucy J. Hill, did collect and receive thereon and therefor from said bank, and as bailee was by said bank and said Lucy J. Hill intrusted to carry and convey from said bank to said Lucy J. Hill, within said county, money to the amount and value of nine thousand dollars, proceeds of said two certificates, an exact descrip- tion of which is to the jury unknown, and said Alexander S. Hill, being so as aforesaid intrusted as bailee with said certificates and said money, to said amount of nine thousand dollars, the property of said Lucy J. Hill, after- wards on the ...... day Of ssisss , 19.., at said county of Salt Lake, fraudulently and feloniously did convert the same and the proceeds thereof to his own use, con- trary to the form of the statute in such case made and provided and against the peace and dignity of the state of Utah. c. For Safe Keeping. KANSAS. (Gen. Stats., 1897, ch. 100, § 97.) Form No. 876. (Precedent from State v. Combs, 47 Kan. 187, 27 Pac. 818.) [Follow Form No. 870 to the *, and add:] that on the areas day of ......,19.., in said county of Harvey, and state of Kansas, one A. M. Fearn did intrust to William Combs, for safe custody, $530, current money of the United States, of the value of $530, he, the said William Combs, receiving and accepting the same as the bailee of said A. M. Fearn; that said $530 consisted. of United States national bills, commonly called greenbacks, and national bank bills silver certificates, and gold certifi- cates. The denominations and names of each are un- known to said A. M. Fearn, the prosecuting witness, or your informant, but they all pass as current money of the United States, and all were of the value of $530. That after the said William Combs received said current 636 SPECIFIC CRIMES. money, as aforesaid, as such bailee on the said ...... day OL seek , 19.., at the county of Harvey, in the state of Kansas, did then and there unlawfully and feloniously embezzle and convert to his own use, and make way with and secrete said $530, current money of the United States, and of the value of $530, belonging to and being then and there the money and property of said A. M. Fearn, without the authority, knowledge or consent of said A. M. Fearn, and then and there, in the manner aforesaid, the said money, and property of the said A. M. Fearn, did unlawfully and feloniously steal, take, and carry away, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Kansas. [Signature as in Form No. 870.] MASSACHUSETTS. (Pub. Stats. 1882, ch. 203, § 37.) Form No. 877. (Precedent from Com. v. Mead, 160 Mass. 319, 35 N. EB, 1125.) [Follow Form No. 866 to the *, and add:| did embezzle and fraudulently convert to her own use certain prom- issory notes current as money in the commonwealth, and all of the value of one thousand dollars, a more particu- lar description of which is to said jurors unknown, of the property, moneys, goods, and chattels of Jane Mooney and Mary Mooney, the said promissory notes being then and there the subject of larceny, and the said promis- sory notes having theretofore, to-wit, on the ....... day Clocnree in the year of our Lord one thousand nine hun- dred and...... been there delivered to the said Mary E. Mead, otherwise called Mary HE. Rowell, by the said Jane Mooney and Mary Mooney in the trust and confidence and with the direction that the said Mary E. Mead, other- wise called Mary EK. Rowell, would safely keep the same as and for the property of the said Jane Mooney and Mary Mooney, and return the same to the said Jane EMBEZZLEMENT—BY BAILEE. 637 Mooney and Mary Mooney, on their demand, and the said promissory notes and each thereof having been then and there received by the said Mary E. Mead, otherwise called Mary E. Rowell, in the said trust and confidence and with the said direction, whereby, and by force of the stat- ute in such case made and provided [concluding as in Form No. 866]. Form No. 878. (Precedent from Com. v. Doherty, 127 Mass. 20.) [Follow Form No. 866 to the *, and add:] did embezzle and fraudulently convert to his own use one bank book containing evidence of deposit of divers moneys to the credit of one Patrick McLaughlin in the Provident Insti- tution for Savings in the Town of Boston, the same being then and there a corporation duly and legally established, said book being then and there of the value of one thou- sand dollars of the property, moneys, goods and chattels of said McLaughlin, the said book being then and there the subject of larceny, and the said book having thereto- fore, fosyit, OM ..i.ce bosses , 19.., been there deliv- ered to the said Doherty by the said McLaughlin in the trust and confidence and with the direction that the said Doherty would and should thereby receive only the cus- tody of said book, and would and should hold the same, until said book was demanded by said McLaughlin, where’ he, said Doherty, would and should deliver up and return said book to him, said McLaughlin, and the said book having been then and there received by the said Doherty, ’ in the said trust and confidence and with the said direc- tion; whereby, by force of the statute in such case made and provided, the said Doherty is deemed to have com- mitted the crime of simple larceny [concluding as in Form No. 866). . 638 SPECIFIC CRIMES. Form No. 879. (Precedent from Com. v. Hussey, 111 Mass. 432.) [Follow Form No. 866 to the *, and add:] did embezzle and fraudulently convert to his own use divers promis- sory notes payable to the bearer on demand, current as money in said Commonwealth of the amount and of the value of sixty-five dollars, a more particular description of which is to the grand jurors unknown, of the prop- erty, moneys, goods.and chattels of one Henry Smith, the said promissory notes being then and there the sub- ject of larceny, and the said promissory notes having theretofore, to-wit, on the said ...... aay Of yaa ae , been there delivered to the said Hussey by the said Smith, in the trust and confidence and with the direction that the said Hussey would and should return said promis- sory notes to the said Smith upon demand, and the said promissory notes and each thereof having been then and there received by the said Hussey in the said trust and confidence and with the said direction, whereby [con- cluding as in Form No. 866]. TEXAS. (Pen. Code, 1895, art. 938.) Form No. 880. (Precedent from Leonard v. State, 7 Tex. App. 434.) [Follow Form No. 60 to the *, and add:] that the First National Bank of Fort Worth, an incorporated company then and there duly and legally established, organized, and existing under and by virtue of the laws of the United States as an incorporated company, did, on the rere day of ......., A.D. 19.., deliver and intrust to the care and possession of, for storage and safe-keeping, to one Joseph Leonard, the said Leonard being then and there the keeper of a cotton-yard, and doing business as the keeper and bailee of cotton for storage for hire, twenty bales of lint cotton, of the value of fifty dollars EMBEZZLEMENT—BY BAILEE. 639 per bale, being then and there corporeal personal prop- erty of the First National Bank of Fort Worth, to be stored and kept safely by the said Leonard for hire, to-wit, for the sum of fifty cents per bale, and to be held by said Leonard subject to the order of the First Na- tional Bank of Fort Worth, on the return of the said Leonard’s receipts for the same, and that the said Joseph Leonard did, by virtue of his said employment of cotton- yard keeper and bailee, and while he was so employed as aforesaid, take into his possession said twenty bales of cotton, to be held and kept as aforesaid, and that the said Joseph Leonard, cotton-yard keeper and bailee as aforesaid, afterwards, to-wit, on the ...... day Oh soscns in the year of our Lord one thousand nine hundred and eoener , in said county and State, and before said cotton so delivered to him as aforesaid was by the said the First National Bank of Fort Worth, ordered to be delivered to any one, or returned to said bank, and before said cot- ton was by said bank ordered to be disposed of in any manner, did embezzle, fraudulently misapply, and con- vert to his own use, without the consent of the said the First National Bank of Fort Worth, the said twenty bales of lint cotton held by him as bailee as aforesaid; con- trary to the statute and against the peace and dignity of the state of Texas. PO ee , Foreman of the Grand Jury. 640 SPECIFIC CRIMES. 4, BY BANKERS AND OFFICERS OF BANKING CORPORATIONS. a. Under State Statutes. 4. Private Banker. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par. 168.) Form No. 881. (Precedent from Meadowcroft v. People, 163 Ill. 70, 54 Am. St. Rep. 455, 45 N. E. 303.) [Follow Form No. 23 to the *, and add:] that Charles J. Meadowcroft and Frank R. Meadowcroft, on the ...... May GE cia ees , 19.., in said county of Cook, in the state of Illinois, then and there being persons then and there doing a banking business under the name of Meadowcroft Brothers, corruptly, wilfully, fraudulently and feloni- ously did receive from one John D. Collins one hundred current United States of America treasury notes, each of the denomination of one hundred dollars and of the value of ten thousand dollars, of the personal goods, money and property of the said John D. Collins, the said John D. Collins then and there not being indebted to the said Charles J. Meadowcroft and Frank R. Meadoweroft when, at the time of receiving the said money and deposit, to-wit, on the ...... day Of yx eis. , in the year aforesaid, said Charles J. Meadowcroft and said Frank R. Meadow- croft, said persons then and there doing a banking busi- ness as aforesaid, were then and there insolvent, whereby and because of which insolvency the said money deposit so then and there made as aforesaid was then and there lost to him, said John D. Collins, whereby and by force of the statute in such case made and provided the said Charles J. Meadowcroft and Frank R. Meadowcroft are deemed by the grand jury aforesaid to have committed embezzlement against the peace and dignity of the people of the state of Illinois. : SiGresseea sea eoury , State’s Attorney. \ EMBEZZLEMENT—BY BANK OFFICER. 641 uw. Bank Officer. (1.) Cashier. NEW JERSEY (Gen. Stats., 1895, p. 1077, § 152.) Form No. 882. (Precedent from State v. Stimson, 24 N. J. L., 4 Zab., 10.) [Follow Form No. 43 to the *, and add:] that before and at the time of the commission of the misdemeanor first hereinafter charged, at Paterson, in the county of Passaic, and state of New Jersey, there was an incorpo- rated bank, using the name and style of ‘‘The President, Directors, and Company of the People’s Bank at Pater- son,’’ and incorporated by and organized and existing under and by virtue of certain acts of the legislature of the said state, that is to say, an act entitled, ‘‘An Act to establish the People’s Bank of Paterson, passed on ie nedese CNY- Or aaeces , A. D. nineteen hundred and eeees ,’? and a supplement thereto entitled, ‘‘A supple- ment to the act entitled, an act to establish the People’s Bank at Paterson, passed on the ...... day Ol eases ‘ A. D. nineteen hundred and ...... ,’’ which supplement was passed on the ...... day of ...... , A. D. nineteen hundred and ...... ; and an act entitled, ‘‘An act to ex- tend the charter of the People’s Bank of Paterson,’’ passed on the ...... day Of .scaxs , A. D. nineteen hun- dred and ...... ; and that, at the time of the commission of the misdemeanor first hereinafter charged, Henry C. Stimson, late of the city of Paterson, in the county of Passaic aforesaid, was the cashier of the said incorpo- rated bank; and that the said Henry C. Stimson, on the Saawew day of ......, A. D. nineteen hundred and ......, with force and arms, at the township of Paterson, in the county of Passaic aforesaid, and within the jurisdiction of this court, unlawfully did convert to his own use nine- teen thousand dollars of money to-wit, nine hundred and fifty double eagles, gold coin of the United States of Crim. Proc. Forms—41 4 642 SPECIFIC CRIMES. America of the value and denomination of twenty dollars each and nineteen thousand dollars of bank notes to-wit, one hundred and ninety bank notes for the payment of divers sums of money, the particular denominations and values of which are to the said grand jurors unknown, and.which bank notes can not by the said jurors be more fully described, amounting in the whole to the sum of nineteen thousand dollars and of the value of nineteen thousand dollars of the said incorporated bank, the property of the said bank, with intent unlawfully to make use of the same; he, the said Henry C. Stimson, at the time he so converted the same to his own use, then being cashier of the aforesaid incorporated bank, as aforesaid, contrary to the form of the statute in such case made and provided, and against the peace of this state, the govern- ment and dignity of the same. (2.) President. LOUISIANA. (Rev. Stats., 1897, § 907.) Form No. 883. (Precedent based on indictment in State v. Palmer, 32 La. Ann. 565.) [Follow Form No. 28 to. the *, and add:] that Edward C. Palmer, late of the parish of Orleans, on the ...... G2V OF s4.¢%0 , in the year of our Lord one thousand nine hundred and ...... , in the parish of Orleans aforesaid, and within the jurisdiction of the Superior Criminal Court for the parish of Orleans, being the president of a bank chartered by the state of Louisiana, to-wit: The Louisiana Savings Bank and Safe Deposit Company, and acting as such did feloniously, knowingly and wilfully, embezzle and convert to his own use certain money, to-wit, the sum of forty-seven thousand four hundred and thirty- seven dollars and thirty-four cents belonging to the said’ The Louisiana Savings Bank and Safe Deposit Company, contrary [concluding as in Form No. 28]. EMBEZZLEMENT—BY BANK OFFICER. 643 (3.) Treasurer. MASSACHUSETTS, Form No. 884. (Precedent from Com. v. Pratt, 187 Mass. 99.) [Follow Form No. 31 to the *, and add:] that Nathan P. Pratt, late resident of Reading, in the county of Mid- dlesex, and Commonwealth aforesaid, on the ...... day AE ease , in the year of our Lord one thousand nine hundred and ...... , was, and for the space of six months next following said ...... day of ...... continued to be, an officer, to-wit, the treasurer, of the Reading Savings Bank, which was then and there an incorporated company duly and legally established, organized, and existing as a corporation under and by virtue of the laws of said Commonwealth, he, the said Nathan P. Pratt, not being during any part of the time aforesaid an apprentice of said Reading Savings Bank, and not being during any part of the time aforesaid a person under the age of six- teen years; and that Nathan P. Pratt on the ...... day OL gaseex , In the year one thousand nine hundred and eee , at Reading aforesaid, in the county aforesaid, did, by virtue of his said office as treasurer as aforesaid, and while he continued and was employed in his said office as treasurer as aforesaid, have, receive, and take into his possession certain money to a large amount, to-wit, to the amount of twenty thousand dollars and of the value of twenty thousand dollars; sundry bank bills amounting in the whole to twenty thousand dollars and of the value of twenty thousand dollars; sundry bank. checks for money amounting in the whole to twenty thou- sand dollars and of the value of twenty thousand dollars; sundry promissory notes amounting in the whole to twenty thousand dollars and of the value of twenty thou- sand dollars; sundry bills of exchange amounting in the whole to twenty thousand dollars and of the value of twenty thousand dollars; sundry drafts for money 644. SPECIFIC CRIMES. amounting in the whole to twenty thousand dollars and of the value of twenty thousand dollars; and one hundred pieces of paper, said pieces of paper being securities for money each of the value of one thousand dollars, all of the goods, property, and money of said Reading Savings Bank; and the said money, bank bills, checks, promis- sory notes, bills of exchange, drafts, and pieces of paper, then and there unlawfully, fraudulently, and feloniously did embezzle and convert to his own use, without the consent of said Reading Savings Bank. Whereby, by force of the statute in such case made and provided, the said Nathan P. Pratt is-deemed to have committed the crime of simple larceny. And so the jurors aforesaid upon their oath aforesaid do say that the said Nathan P. Pratt, on the ...... day Of s6< evs , in the year nineteen hundred and...... , at Reading aforesaid, in manner and form aforesaid, the said money, bank bills, checks, prom- issory notes, bills of exchange, drafts, and pieces of paper, the property of said Reading Savings Bank from the said Reading Savings Bank feloniously did steal, take, and carry away, contrary to the form of the statute in such case made and provided. And the jurors aforesaid, on their oath aforesaid, do and further present, that the said Nathan P. Pratt, late resident of Reading in the county of Middlesex afore- said, on the ...... Gay Of c.ccuex , in the year of our Lord one thousand nine hundred and ...... , at said Reading in the county of Middlesex aforesaid, being then and there an officer, to-wit, the treasurer, of the Reading Savings Bank, the same being then and there an incorpo- rated company, duly and legally established, organized, and existing by the laws of said Commonwealth, he, the said Nathan P. Pratt, not being then and there an appren- tice to the said Reading Savings Bank, nor a person under the age of sixteen years, did then and there, by virtue of his said office and employment as treasurer aforesaid, have, receive, and take into his possession a EMBEZZLEMENT—BY BANK OFFICER. 645 certain paper writing containing a conveyance of land, the same being then and there a deed of mortgage of certain land situate in said Reading before then made and executed by David P. Brown to said Reading Savings Bank, and delivered to the said Reading Savings Bank by said David P. Brown, and given to secure to said Read- ing Savings Bank the payment of the sum of two thou- sand dollars, which said deed of mortgage was then and there of the value of two thousand dollars; one promis- sory note given by said David P. Brown to the said Read- ing Savings Bank or order, as payee, for the sum of two thousand dollars, for the payment of money, and dated the ...... day of ...... , in the year of our Lord one thousand nine hundred and ...... , and of the value of two thousand dollars; two pieces of paper writing of the value of two thousand dollars each piece, all of the property, goods, and chattels of said Reading Savings Bank; and the said mortgage deed of land, promissory note, and pieces of paper writing, he, the said Nathan P. Pratt, then and there unlawfully, fraudulently, and felo- niously did embezzle and fraudulently convert to his own use, without the consent of the Reading Savings Bank. Whereby, and by force of the statute in such case made and provided, the said Nathan P. Pratt is deemed to have committed the crime of simple larceny. And so the jurors aforesaid, upon their oath aforesaid, do say, that the said Nathan P. Pratt then and there, in manner and form aforesaid, the aforesaid mortgage deed of land, promissory notes, and pieces of paper writing, of the property, goods, and chattels of the said Reading Savings Bank, feloniously did steal, take, and carry away, con- trary to the form of the statute in such case made and provided [concluding as in Form No. 866]. 646 SPECIFIC CRIMES. b. Under National Bank Law. 4. For Embezzlement. FEDERAL. (Rev. Stats., 1878, § 5209; 5 Fed. Stats. Ann., 1st ed., p. 145.) Form No. 885. (Precedent from records in Claassen v. United States, 142 U. S. 140, 39 L. Ed. 966, 12 Sup. Ct. Rep. 169.) Circuit Court of the United States of America for the Southern District of New York in the Second Circuit. The jurors of the United States of America within and for the district and circuit aforesaid on their oath present that Peter J. Claassen, late of the city and county of New York, in the district and circuit aforesaid, yeoman, heretofore, to-wit, on the ...... day of ...... , In the year of our Lord one thousand nine hundred and ...... ; at the southern district of New York and within the juris- diction of this court,* he, the said Peter J. Claassen, being then and there the president of a certain national banking association then and there known and designated as the Sixth National Bank of the City of New York, which said association had been theretofore created and organized under and by virtue of an act of Congress entitled ‘‘An act to provide a national currency secured by the pledge of United States bonds and to provide for the circulation and redemption thereof,’’ approved ...... ...... , in the year of our Lord one thousand nine hundred and ...... and which said association was then and there acting and carrying on a banking business at the city of New York, in the said district, under the said act of Congress and acts amendatory thereof, did, by virtue of his said office and employment and while he was so employed and acting as such president as aforesaid, receive and take into his possession certain funds and credits, to-wit: Ten bonds and written obligations of the St. Louis and San Francisco Railway Company of the kind called EMBEZZLEMENT—BY BANK OFFICER. 647 general mortgage bonds of the denomination and value of one thousand dollars each. Thirty-one bonds and written obligations of the New York Elevated Railroad Company of the kind called first- mortgage bonds of the denomination and value of one thousand dollars each. Fifteen bonds and written obligations of the Canada Southern Railway Company of the kind called first- mortgage bonds of the denomination and value of one thousand dollars each. Twenty bonds and written obligations of the Chicago, Milwaukee and St. Paul Railway Company of the kind ealled terminal bonds of the denomination and value of one thousand dollars each. Twenty bonds and written obligations of the Chicago, Milwaukee and St. Paul Railway Company of the kind called consolidated bonds, of the denomination and value of one thousand dollars each. Thirty bonds and written obligations of the Milwaukee and St. Paul Railway Company of the kind called con- solidated bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the Milwaukee and St. Paul Railway Company of the kind called La Crosse Division bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the Spokane Falls and Northern Railroad of the kind called first-mortgage bonds of the denomination and value of one thousand dol- lars each. Sixty bonds and written obligations of the Union Pacific Railway Company of the kind called first-mortgage bonds of the denomination and value of one thousand dollars each. Fifty-five bonds and written obligations of the Metro- | politan Elevated Railway Company of the kind called 648 SPECIFIC CRIMES. first-mortgage bonds of the denomination and value of one thousand dollars each. Fifteen bonds and written obligations of the Central Pacific Railway Company of the kind called first-mort- gage bonds of the denomination and value of one thou- sand dollars each. Forty-six bonds and written obligations of the Union Pacific Railway Company of the kind called collateral. trust bonds of the denomination and value of one thou- sand dollars each. Ten bonds and written obligations of the Coeur d’Alene Railway and Navigation Company of the kind called general first-mortgage bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the St. Paul and Sioux City Railroad of the kind called first-mortgage bonds of the denomination and value of one thousand dollars each. Twenty-five bonds and written obligations of the Cen- tral Pacific Railway, San Joaquin Railroad Company, of the kind called first-mortgage bonds of the denomina- tion and value of one thousand dollars each. Ten bonds and written obligations of the St. Paul, Min- neapolis and Manitoba Railway.Company of the kind called second-mortgage bonds of the denomination and value of one thousand dollars each. Twenty-five bonds and written obligations of the Chi- cago, Burlington and Quincy Railroad Company of the kind called sinking fund bonds of the denomination and value of one thousand dollars each. Forty-six bonds and written obligations of the Chicago and Northwestern Railway Company of the kind called debenture bonds of the denomination and value of one thousand dollars each. _ Sixty bonds and written obligations of the Chicago, Burlington and Quincy Railroad Company of the kind EMBEZZLEMENT—BY BANK OFFICER, 649 called debenture bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the Lake Shore and Michigan Southern Railway Company of the kind called second-mortgage bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the Chicago and Northwestern Railway Company of the kind called gold first-mortgage bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the New York, Lake Erie and Western Railway Company of the kind called funded bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the Chicago, St. Paul, Minneapolis and Omaha Railway Company of the kind called second-mortgage bonds of the denomination and value of one thousand dollars each. Five bonds and written obligations of the Burlington, Cedar Rapids and Northern Railway Company of the kind called first-mortgage bonds of the denomination and value of one thousand dollars each. Four bonds and written obligations of the Texas Pa- cific Railway Company of the kind called second-mort- gage bonds of the denomination and value of one thou- sand dollars each. Forty-five bonds and written obligations of the Oregon Short Line Railway Company of the kind called first- mortgage bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the Louisville, New Albany and Chicago Railway Company of the kind called first-mortgage bonds of the denomination and value of one thousand dollars each. Ten bonds and written obligations of the Richmond and West Point Terminal Railway Warehouse Company 650 SPECIFIC CRIMES. of the kind called consolidated first-mortgage gold trust bonds of the denomination and value of one thousand dollars each, then and there being the property of said association, and which he held for and in the name and on account of the said association, and did then and there wilfully and unlawfully and with intent to injure and defraud the said association, embezzle the said bonds and written obligations and convert them to his own use, against the peace of the United States and their dignity and contrary to the form of the statute in the said United States in such case made and provided. san eusd Kena aaa ee , United States Attorney. u. For Aiding in Embezzlement. FEDERAL. (Rev. Stats., 1878, § 5209, 5 Fed. Stats. Ann., ist ed., p. 145.) Form No. 886, (Precedent from Evans v. United States (No. 1), 153 U. S. 585, 38 L. Ed. 831, 14 Sup. Ct. Rep. 934.) [Follow Form No. 885 to the *, and add:] he the said Nelson F. Evans, yeoman, late of the district aforesaid, at the district aforesaid and within the jurisdiction. of this court, did knowingly, wilfully, unlawfully, and fraud- ulently aid and abet one Harry H. Kennedy (the said Harry H. Kennedy being then and there cashier of a certain national banking association then and there known and designated as the Spring Garden National Bank, in the State of Pennsylvania, which said association had been theretofore created and organized under and by virtue of acts of Congress in such case made and pro- vided, and which said association was then and there act- ing, carrying on a banking business at Philadelphia, in the said district, under the acts of Congress in such case made and provided), then and there to wilfully misapply a certain large amount of the moneys, funds and credits then and there belonging to the said national banking EMBEZZLEMENT—BY BANK OFFICER. 651 association for the use, benefit, and advantage of the said Nelson F. Evans, then and there with intent in him, the said Nelson F. Evans, to injure and defraud the said national banking association-—that is to say, the said Harry H. Kennedy, late of the district aforesaid, here- tofore, to-wit, on the day and year aforesaid in the dis- trict aforesaid, and within the jurisdiction of this court, being then and there cashier, as aforesaid, of the said national banking association aforesaid, did knowingly, unlawfully, fraudulently and wilfully and with intent to injure and defraud the said national banking associa- tion, misapply certain of the moneys, funds, and credits of the said national banking association, to-wit, the sum of seventy-five hundred dollars, in the manner and by the means following—that is to say, a certain promissory note, dated, to-wit, Philadelphia, ........ .....-. Aisa made and drawn by a certain person, to-wit, A. B. Nettle- ton, for the sum of, to-wit, seventy-five hundred dollars, die sid payable sicax6 ex ewas ,19.., at the said bank, had been theretofore, to-wit, upon the day and year aforesaid, discounted by the said bank, and was then and there overdue and unpaid, and held by the said bank as and for funds and credits as aforesaid; whereupon, the said Harry H. Kennedy did then and there, with intent to injure and defraud the said national banking associa- tion, knowingly, unlawfully, and fraudulently, wilfully misapply the same, in that he then and there surrendered and delivered the same to the said Nelson F. Evans, with- out receiving therefor for the said bank the sum of sev- enty-five hundred dollars, or any part thereof; and the said Nelson F. Evans did then and there knowingly and unlawfully aid and abet the said Harry H. Kennedy, then and there cashier as aforesaid, knowingly, wilfully, and fraudulently, to wilfully misapply the said funds and credits of the said national banking association, as afore- said, then and there, with intent in him the said Nel- son F. Evans, to injure and defraud the said national 652 SPECIFIC CRIMES. banking association, contrary to the form of the act of Congress in such case made and provided, and against the peace and dignity of the United States of America [con- cluding as in Form No. 885]. 5. BY COMMISSION MERCHANT OR FACTOR. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par. 173.) Form No. 887, (Precedent from Wright v. People, 61 Ill. 383.) [Follow Form No. 23 to the *, and add:] That Moses C. Wright, late of said county, on the ....... BY OE occa ‘ in the year of our Lord one thousand nine hundred and ee , in the county and state aforesaid, being then and there a commission merchant, did unlawfully convert to his own use the sum of $61, the property of Abijah Birdsey, the same being then and there the proceeds aris- ing. from the sale of a certain quantity of peaches before then consigned by said Birdsey to said Wright, other- wise than as instructed by said Birdsey, the consignor thereof, and that he, the said Moses C. Wright, then and there unlawfully failed to deliver over the proceeds aforesaid after deducting the usual per cent on the sale of said peaches as commission, on demand then and there made therefor by the said Abijah Birdsey, contrary to the statute and against the peace and dignity of the same people of the State of Illinois. ee ee ee , State’s Attorney. MISSOURI. (Rev. Stats., 1889, § 3551.) Form No. 888, (Precedent from State v. Crosswhite, 130 Mo. 362, 51 Am. St. Rep. 572, 32 S. W. 991.) [Follow Form No. 86 to the *, and add:] that on the Lgrciasais day of ......, A. D.19.., at said Jackson county, EMBEZZLEMENT—BY CORPORATION OFFICER. 653 state aforesaid, the said Robert H. Crosswhite was a com- mission merchant and agent, and as such a member of the firm of Crosswhite and Company, composed of him the said Robert H. Crosswhite and one J. O. R. Camp- bell, and he, the said Robert H. Crosswhite, as such com- mission merchant and agent, and as such member of said firm, then and there became the consignee and bailee of one David H. Biethan, in possession of several car loads of potatoes of the value of five hundred and twenty-five dollars, and the property of said David H. Biethan, and which potatoes then and there came into the possession and care of said Robert H. Crosswhite as such commis- sion merchant, and as the said consignee and bailee of said David H. Biethan, and he, the said Robert H. Cross- white then and there, the seven car loads of potatoes unlawfully and feloniously did embezzle and convert to his own use, and so the jurors aforesaid, on their oath aforesaid, do say that the said Robert H. Crosswhite, the said seven car loads of potatoes in manner and form aforesaid, feloniously did steal, take, and carry away, contrary to the form of the statutes in such cases made and provided, and against the peace and dignity. of the state. 6. BY CORPORATION OFFICER. GEORGIA. (Ga. Code, 1882, § 4421.) Form No. 889. (Precedent from Jackson v. State, 76 Ga. 556.) [Follow Form No. 21 to the *, and add:] George T. Jackson, of the county and state aforesaid, with the offense of embezzlement for that the said George T. Jack- son, in the county aforesaid, on the ...... day Of sas.0. nineteen hundred and ......, being then and there Presi- 654 SPECIFIC CRIMES. dent of The Enterprise Manufacturing Company, a cor- poration and corporate body under the laws of Georgia, and located in said county and state, and as such presi- dent, having the general management of the business and control of the funds of said company, and having in his trust, custody and control large sums of money belong- ing to said The Enterprise Manufacturing Company, to-wit: One hundred and seventeen thousand six hundred and sixty-seven 24-100 dollars, and by him deposited in the Bank of Augusta and in the Commercial Bank of Augusta, corporations under the laws of Georgia, subject to the check of the said George T. Jackson, president as aforesaid, and intrusted to the said George T. Jackson, as president aforesaid, to be applied for the use and ben- efit of said company only, did then and there embezzle, steal, secrete, fraudulently take and carry away the said sum of one hundred and seventeen thousand six hundred and sixty-seven 24-100 dollars, of the property of the said The Enterprise Manufacturing Company, by receiving and depositing said money as aforesaid in the banks aforesaid as president aforesaid at divers times and in divers sums, and thereafter, at divers times and in divers sums, checking out the same as president and converting it to his own private use, and by causing to be made in the books of said company, then and there, false entries to conceal and secrete said embezzlement of said money. The following is a list showing, so far as the same is known to this grand jury, the numbers, amounts and dates and orders of the checks signed by the said George T. Jackson, president, and on which the aforesaid money or part thereof was drawn by the said George T. Jack- son and by him applied to his own nse fraudulently, and by him embezzled, secreted, and stolen as aforesaid: [Here follows a list of the checks, numbering three hun- dred and two, and covering a period of time TOM wavcane echt pad vay Ww imaey eos bea, Dee] And the grand jurors aforesaid, on their oaths afore- EMBEZZLEMENT—BY PUBLIC OFFICER, ETC. 6350 said, do further say, that so many of the acts herein alleged as are indicated by checks, herein described and bearing date not within the statute of limitations of four years were unknown until a very recent date, to-wit: until on or about the ...... Of ceears Saas Wherefore, the grand jurors aforesaid, in the name and behalf of the citizens aforesaid, and on their oaths afore- said, do charge the said George T. Jackson is guilty of the offense of embezzlement aforesaid in the manner and form aforesaid, contrary to the laws of said state, the good order, peace and dignity thereof. sielaseyecdusauayertaligtereuevslaaha mnetedors , Solicitor-General. iWae beeie te eee Rees ces , Prosecutor. ae Beas Term. Superior Court, A. D.19.. 7. BY PUBLIC OFFICER OR AGENT. a. City Marshal. CALIFORNIA. (Kerr’s Pen. Code, 1915, §§ 424, 504.) Form No. 890. (Precedent from People v. Potter, 35 Cal. 110.) [Follow Form No. 18 to the *, and add:] Said Grand Jury say that the City of San Jose, in the County of Santa Clara, State of California, was, on the....... day OL candy eae , 19.., and for more than one year then last past had been, a municipal corporation, created and ex- isting under and by virtue of an Act of the Legislature of the State of California, entitled ‘‘An Act to incorporate the City of San Jose,’’ passed March 16th, A. D.19.., and of a certain other Act of the Legislature of the said State, entitled ‘‘An Act amendatory of and supplemental to an Act to incorporate the City of San Jose, passed ........ 19.., and all acts amendatory thereof, passed and ap- PLOVE keane yeedes 71925 That on the said wo sq250e day OF egy des , A. D.19.., and for more than six months then 656 SPECIFIC CRIMES. last past, said Joel C. Potter was the legally acting City Marshal of said City of San Jose, county and State afore- said; that as such City Marshal of said City of San Jose, said Joel C. Potter was intrusted to collect and receive certain moneys, to-wit: gold and silver coin of the United States—and to keep and hold the same in his custody and under his (said Joel C. Potter’s) control; and that at the said time and place, to-wit: on the said .......... day of sei Shey ested , 19.., at the said City of San Jose, county and State aforesaid, said Joel C. Potter, as such City Marshal of said City of San Jose, did have and hold in his cus- tody certain moneys, goods and chattels, and property, to-wit:.one hundred and forty pieces of United States gold coin, called double eagles, of the value of twenty dollars each, and twenty pieces of United States gold coin of the value of ten dollars each and forty pieces of United States gold coin, called half eagles, of the value of five dollars each—which said moneys, goods and chattels were then and there the property of said City of San Jose. And the Grand Jury aforesaid, upon their oaths do say, that the said Joel C. Potter then and there and on the said ....... day of ...... , A. D.19.., at said City of San Jose, so being said City Marshal of said City of San Jose, and then and there so having the care and custody and control of said moneys, goods and chattels, and prop- erty as aforesaid, as such City Marshal of said City of San Jose, did afterwards, to-wit: on the day and year last aforesaid, feloniously embezzle, steal, secrete, and fraud- ulently take and carry away the said moneys, goods, chat- tels and property aforesaid, contrary to the form and force of the statute in such case made and provided and against the peace and dignity of the people of the state of California. seaniie se eeeeeeeceeeee, District Attorney. EMBEZZLEMENT—BY CITY TREASURER. 657 b. City Treasurer. ARKANSAS. Form No. 891. (Precedent from State v. Rapley, 60 Ark. 14, 28 S. W. 508.) [Follow Form No. 869 to the *, and add:| The said B. D. Rapley, in the county and state aforesaid, on the sek w ate day of ......,19.., being then and there the duly elected and acting city treasurer of the city of Hot Springs, a city of the first class in said county of Gar- land, duly created according to law, and having taken an oath of office as such city treasurer, and having then and there the custody and possession as such city treasurer, by virtue of his said office, of a large amount of money and public funds, to-wit: Five thousand dollars of the value of five thousand dollars of the personal property of said city of Hot Springs, said moneys being then and there public funds and being composed of paper money of the United States of the value of three thousand dol- lars gold coin of the United States of the value of one thousand dollars, and silver coin of the United States of the value of one thousand dollars, a more particular description of which is to the grand jury unknown, and while he, the said B. D. Rapley, was acting as such city treasurer as aforesaid, and having the custody and pos- session of such money and public funds by virtue of his said office, he, the said B. D. Rapley, did then and there, with felonious intent to cheat and defraud the said city of Hot Springs, unlawfully, feloniously and fraudu- lently embezzle and convert the same to his own use and benefit, against the peace and dignity of the State of Arkansas. And the grand jury aforesaid, in the name and by the authority aforesaid, on their oaths, do further present that the said B. D. Rapley, in the county and state afore- said, on the ........ Gay OF s the contents of said deadly weapon, being the po HOMICIDE—SHOOTING WITH PISTOL. 977 and bullet aforesaid, at, against, into, and through the head and body of the said William Patterson, thereby wilfully, feloniously, deliberately, premeditatedly, and of his malice aforethought, inflicting upon the head and body of the said William Patterson a mortal wound, of which mortal wound the said William Patterson then and there did die. And so [concluding as in Form No. 25]. KANSAS. ° Form No. 1200. (Precedent from Smith v. State, 1 Kan. 366.) [Follow Form No. 26 to the *, and add:] that Bailey Smith, late of said county of Leavenworth and within the jurisdiction of this court, on the .;.... day of ..... ; A. D.19..,in and upon James Duke, in the peace of God and this state then and there being, did unlawfully, felo- niously, wilfully, deliberately, premeditatedly and of his malice aforethought make an assault, and the said Bailey Smith, with a certain pistol: commonly called a revol- ver, then and there charged with gunpowder and divers, to-wit, six, leaden bullets, which said pistol he, the said Bailey Smith, in his right hand then and there held, then and there unlawfully, feloniously, wilfully, deliberately, premeditatedly and by and of his malice aforethought did discharge and shoot off against and upon the said James Duke; and that the said Bailey Smith, with the leaden bullets aforesaid, out of the pistol aforesaid, then and there by the force of the gunpowder aforesaid by the said Bailey Smith discharge and shoot off as afore- said, then and there unlawfully, feloniously, wilfully, deliberately, premeditatedly and of his malice afore- thought did strike, penetrate and wound the said James Duke in and upon the left side of the breast of him the said James Duke, thereby then and there giving to him, the said James Duke, in and upon the left side of the breast of him, the said James Duke, one mortal wound Crim. Proc. Forms—62 978 SPECIFIC CRIMES. of the length of one inch and of the depth of five inches, of which said mortal wound the said James Duke then and there, to-wit, on the said ...... day Ol sean , A.D. 19.., at the county of Leavenworth aforesaid and within the jurisdiction of this court, instantly died; and the jurors aforesaid upon their oaths aforesaid do say, that the said Bailey Smith, him the said James Duke, in the manner and by the means aforesaid, unlawfully, feloni- ously, wilfully, deliberately, premeditatedly and of his malice aforethought did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Kan- sas. [Signature as in Form No. 26.] MINNESOTA, Form No. 1201, Count I, [Title and Venue.] Harry T. Hayward is accused by the grand jury of the county of Hennepin, in the state of Minnesota, by this indictment, of the crime of murder in the first degree committed as follows: The said Harry T. Hayward did on the ...... day of epee wise , A. D. 19.., at the city of Minneapolis in said Hennepin county, without authority of law and without excuse or justification therefor, and with a premeditated design to effect the death of a human being, to-wit: one Katherine Ging, knowingly, intentionally, unlawfully, wrongfully, maliciously, and feloniously incite, move, procure, aid, abet, counsel, hire, command and induce an- other, to-wit: one Claus A. Blixt, to commit the crime of murder in the first degree then and there and thereby so incited, moved, procured, aided, abetted, counseled, hired, commanded and induced by the said Harry T. Hayward, and by reason of and because so incited, IOMICIDE—SNOOTING WITH PISTOL. 979 moved, procured, aided, abetted, counseled, hired, com- manded and induced by the said Harry T. Hayward, did on the said ....... day of ...... , A. D.19.., at said city of Minneapolis, county and state aforesaid, then and there being armed with a dangerous and deadly weapon, ‘to-wit: a firearm commonly called a pistol, a more par- ticular description of said weapon being to the grand jury unknown, said pistol being then and there loaded with gun-powder and leaden bullets, wilfully, unlawfuliy, wrongfully. and feloniously,.and without excuse or jus- tification and without authority of law, and with a pre- meditated design to effect the death of a human being, to-wit: Katherine Ging, the person hereinbefore men- tioned, whose death the said Harry T. Hayward did wick- edly and premeditatedly design to effect, kill and murder the said Katherine Ging, by then and there dis- charging said pistol at, against and upon the person and body of her the said Katherine Ging, and did thereby and therewith inflict upon the person and body of the said Katherine Ging a mortal wound of which said mor- tal wound she the said Katherine Ging thereafter imme- diately died at said city of Minneapolis, county and state aforesaid. And this grand jury do therefore say on their oaths, that the said Harry T. Hayward did thereby and by means aforesaid, kill and murder the said Katherine Ging contrary to the statute in such case; made and provided, and against the peace and dignity of the state of Minnesota. Count IT. And the said Harry T. Hayward is further accused by the grand jury of the county of Hennepin, in the state of Minnesota, by this indictment of the crime of murder in the first degree committed as follows: The said Harry T. Hayward, on the .......... day of eee , A. D.19.., at the city of Minneapolis in said Hennepin county, then and there being armed with a 980 SPECIFIC CRIMES. dangerous and deadly weapon, to-wit: a firearm com- monly called a pistol, a more particular description of said weapon being to the grand jury unknown, said pis- tol being then and there loaded with gun-powder and leaden bullets, did wilfully, unlawfully, wrongfully, felo- niously and intentionally without excuse or justification ° and without authority of law, and with a premeditated de- sign to effect the death of a human being, to-wit: Kather- ine Ging the identical person mentioned and described in the first count of this indictment, kill and murder the said Katherine Ging by then and there discharging the said pistol at, against and upon the person and body of her the said Katherine Ging, thereby and therewith inflicting upon the body and person of her the said Kath- erine Ging a mortal wound, of which wound the said Katherine Ging thereafter immediately died at the city of Minneapolis, county and state aforesaid, contrary to the statute in such cases made and provided, and against the peace and dignity of the state of Minnesota. Dated at Minneapolis, in said Hennepin county, this sevace O89 OL sccses, 19... ee erm reer nee reer see sneoes 9 Foreman of the Grand Jury. MISSOURI. Form No. 1202. (Precedent from State v. Turlington, 102 Mo. 647, 15 S. W. 141.) [Follow Form No. 86 to the *, and add: that John O. Turlington, alias William E. West, and Wes. Hensley, on the ...... day of ......, 19.., at the county of Cooper and state of Missouri, in and upon one Thomas QO. Cran- mer then and there being, feloniously, wilfully, deliber- ately, premeditatedly and of their malice aforethought, did make an assault and with a certain pistol, a deadly weapon, which was then and there loaded with gun-pow- der and leaden bullets, and by them, the said John O. HOMICIDE—SHOOTING WITH PISTOL. 981 Turlington and Wes. Hensley, held in their hands, the said John O. Turlington and Wes. Hensley did then and there feloniously, wilfully, deliberately, premedi- tatedly and of their malice aforethought shoot off and discharge at and upon him, the said Thomas C. Cranmer thereby and thus striking the said Thomas C. Cranmer with one of said leaden bullets, inflicting on and in the left side of his body one mortal wound of the diameter of half an inch, and of a depth of eight inches, of which said mortal wound the said Thomas C. Cranmer, from Cie-aceeas day of 22.52 , in the year aforesaid, till the Sah eeee day of ......, in the year aforesaid, at Boonville, in the county aforesaid, did languish, and languishing did live, on which said ..... ely IE, ahaa ae , in the year aforesaid, the said Thomas C. Cranmer, at the city of Boonville, in the county aforesaid, of the mortal wound aforesaid, died, and so the grand jurors aforesaid, upon their oaths aforesaid, do say, that the said John O. Tur- lington and the said Wes. Hensley, him, the said Thomas C. Cranmer, in the manner and by the means aforesaid, feloniously, wilfully, deliberately, premeditatedly and of their malice aforethought, did kill and murder, against the peace and dignity of the state. [Signature as im Form No. 36.] MONTANA, Form No. 1203. (Precedent from State v. Metcalf, 17 Mont. 418, 43 Pac, 182.) [Venue and Title.] Paul Metcalf is accused by Ever- ton G. Conger, county attorney of the county of Bea- verhead, by this information of the crime of murder in the first degree, committed as follows: That Paul Metcalf, late of the county of Beaverhead, on or about the ...... day Ol losses: phe De TS. 2g At Thee county of Beaverhead, in the state of Montana, in and upon one Frank G. Hunter, then and there being, wilfully, 982 SPECIFIC CRIMES. feloniously, and of his deliberate, premeditated malice aforethought, did make an assault, and that the said Paul Metcalf, a certain pistol, to-wit, a revolving pistol, then and there loaded and charged with gunpowder and leaden bullets, which said pistol he, the said Paul Metcalf, in his hands then and there had and held, then and there wilfully, feloniously, and of his deliberate, premeditated malice aforethought did discharge and shoot off to, at, against, and upon the said Frank G. Hunter, and that the said Paul Metcalf, with the leaden bullets, aforesaid, out of the pistol aforesaid, then and there, by force of the gunpowder aforesaid, by the said Paul Metcalf dis- charged and shot off as aforesaid, then and there wil- fully, feloniously, and of his deliberate, and premedi- tated malice aforethought, did strike, penetrate, and wound him, the said Frank G. Hunter, in and upon the left side of the head of him, the said Frank G. Hunter, giving to him, the said Frank G. Hunter, then and there with the leaden bullets aforesaid, so as aforesaid dis- charged and shot out of the pistol aforesaid by the said Paul Metcalf, in and upon the left side of the head of him, the said Frank G. Hunter, two mortal wounds, of which said mortal wounds he, the said Frank G. Hunter, then and there instantly died. And so the said Everton G. Conger, county attorney as aforesaid, who prosecutes as aforesaid, doth say and charge that the said Paul Met- calf, him, the said Frank G. Hunter, in the manner and by the means aforesaid, wilfully, feloniously, and of his deliberate, premeditated malice aforethought did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the state of Montana. weereeseceeceseseeeesay County Attorney. HOMICIDE—SHOOTING WITH PISTOL. 983 NEVADA, Form No. 1204. (Precedent from State v. Crozier, 12 Nev. 300.) [Venue and Title.] That the said Robert H. Crozier on the ...... day of wuss. ., A. D.19.., or thereabouts, at the town of Elko, in the county of Elko, state of Nevada, in and upon one Charles Silverstein alias ‘‘ Mon- tana Charley,’’ unlawfully, feloniously, wilfully, and of his malice aforethought, did make an assault; and that the said Robert H. Crozier, with a certain pistol, then and there charged with gun-powder and divers leaden bul- lets, which said pistol he, the said Robert H. Crozier, in his hands then and there had and held, at and against the said Charles Silverstein alias ‘‘Montana Charley,’’ then and there unlawfully, feloniously, wilfully and of his mal- ice aforethought, did shoot off and discharge; and that the said Robert H. Crozier, with the leaden bullets afore- said, by means of shooting off and discharging the said pistol so loaded, to, at and against the said Charles Sil- verstein alias ‘‘Montana Charley,’’ as aforesaid, did then and there unlawfully, feloniously, wilfully and of his malice aforethought, strike, penetrate and wound the said Charles Silverstein alias ‘‘Montana Charley,’’ giving him, the said Charles Silverstein alias ‘‘Montana Char- ley,’’ then and there with the leaden bullets aforesaid, by means of shooting off, and discharging the said pistol to, at and against the said Charles Silverstein alias ‘‘Mon- tana Charley,’’ and by such striking, penetrating and wounding the said Charles Silverstein alias ‘‘Montana Charley,’’ as aforesaid, one mortal wound in and upon the arms, side, ribs, lungs and heart of him, the said Charles Silverstein alias ‘‘Montana Charley,’’ of which said mortal wound, the said Charles Silverstein alias ‘“‘Montana Charley,’’ did then and there die. All of which is contrary to the form of the statute in such case 984 SPECIFIC CRIMES. made and provided, and against the peace and dignity of the state of Nevada. [Signature as in Form No. 41.] NEW HAMPSHIRE, Form No. 1205. [Follow Form No. 42 to the *, and add:] that Frank C. Almy of Hanover, in the county of Grafton, aforesaid, on te notes day Of 4 sc sa , in the year of our Lord one thousand nine hundred and ...... , at Hanover in the county of Grafton aforesaid, with force and arms, upon one Christie C. Warden, feloniously, wilfully and of his deliberate premeditated malice aforethought did make an assault, and a certain pistol then and there loaded with gunpowder and a leaden bullet he, the said Frank C. Almy, in his hand then and there had and held, which said pistol he, the said Frank C. Almy, then and there ‘ feloniously, wilfully and of his premeditated malice afore- thought did discharge and shoot off to, against and upon the said Christie C. Warden, and with the leaden bullet aforesaid, discharged and shot off as aforesaid, then and there feloniously, wilfully and of his premeditated malice aforethought did strike, penetrate and wound the said Christie C. Warden, and then and there with the leaden bullet aforesaid, discharged and shot off as aforesaid, by the said Frank C. Almy, in and upon the left side of the ° head and face of her the said Christie C. Warden, near the left ear of her, the said Christie C. Warden, one mor- tal wound of the depth of six inches and of the breadth of one inch did inflict, of which said mortal wound she, the said Christie C. Warden, at Hanover aforesaid, imme- diately died. And so the grand jurors aforesaid upon their oaths aforesaid do say, that the said Frank OC. Almy her, the said Christie C. Warden, on the ...... GA GE pepe in the year aforesaid, at Hanover in the county of Grafton aforesaid, Felonious, wilfully and of his deliberate, pre- HOMICIDE—SHOOTING WITH PISTOL. 985 meditated malice aforethought did kill and murder, con- trary to the form of the statute in such case made an‘1 provided and against the peace and dignity of the state. The grand jurors aforesaid, upon their oath aforesaid, do further present, that Frank C. Almy, of Hanover in the county of Grafton aforesaid, on the ...... day of eee , in the year of our Lord one thousand nine hun- dred and ws: , at Hanover in the county of Grafton aforesaid, with force and arms, upon one Christie C. Warden, feloniously, wilfully and of his deliberate, pre- meditated malice aforethought did make an assault, and a certain pistol then and there loaded with gunpowder and a leaden bullet, he, the said Frank C. Almy, in his hands then and there had and held, which said pistol he, the said Frank C. Almy, then and there feloniously, wil- fully and of his premeditated malice aforethought did discharge and shoot off to, against and upon the said Christie C. Warden, and with the leaden bullet aforesaid, discharged and shot off as aforesaid, then and there felo- niously, wilfully and of his premeditated malice afore- thought did strike, penetrate and wound the said Chris- tie C. Warden, and then and there with the leaden bullet aforesaid, discharged and shot off as aforesaid by the said Frank C. Almy, in and upon the lower part of the belly of her, the said Christie C. Warden, near the center thereof of her the said Christie C. Warden, one mortal wound of the depth of ten inches and of the breadth of one inch did inflict, of which said mortal wound she, the, said Christie C. Warden, at Hanover aforesaid, immedi- ately died. And so the grand jurors aforesaid, upon their oath aforesaid, do say that the said Frank C. Almy, her the said Christie C. Warden, on the ...... day of ...... in the year aforesaid, at Hanover in the county of Grafton aforesaid, in manner and form aforesaid, feloniously, wil- fully and of his deliberate, premeditated malice afore- thought did kill and murder, contrary to the form of the 986 SPECIFIC CRIMES. statute in such case made and provided and against the peace and dignity of the state. (KupeeReeeueueieees , Attorney General. Foreman of the Grand Jury. SOUTH CAROLINA. Form No. 1206. (Precedent from Hash. v. Com., 88 Va. 175, 18 S. E. 398.) [Follow Form No. 47 to the *, and add:] that John Threatt, James Blakeney, and Allen Blakeney, on the esha day of ......, in the year of our Lord one thou- sand nine hundred and ...... , with force and arms, at Chesterfield, in the County of Chesterfield, and State of South Carolina, in and upon Hugh Blakeney, alias Hugh Mangum, feloniously, wilfully, and of their malice afore- thought, with a pistol loaded with gunpowder and a leaden bullet, did shoot and discharge at and against and wound, giving to the said Hugh Blakeney, alias Hugh Mangum, thereby, in and upon the body of him, the said Hugh Blakeney, alias Hugh Mangum, one mortal wound, of which said mortal wound the said Hugh Blakeney, alias Hugh Mangum, soon thereafter died. And so the jurors aforesaid, upon their oaths aforesaid, do say that John Threatt, James Blakeney, and Allen Blakeney, him, the said Hugh Blakeney, alias Hugh Mangum, then and there, in the manner and by the means aforesaid, felo- niously, wilfully, and of his malice aforethought, did kill and murder, against the form of the statute in such case made and provided, and against the peace and dignity of the State aforesaid. [Signature as in Form No. 47.] HOMICIDE—SHOOTING WITH PISTOL 987 VIRGINIA, Form No. 1207. (Precedent from Hash v. Com., 88 Va. 175, 13 S. E. 398.) [Follow Form No. 64 to the *, and add:] that Columbus Hash, Rowan Hash, on the ...... GO UE eccuwes. dia ju the said county of Grayson, and in the jurisdiction of said court, with force and arms in and upon the body of one Anderson Rutherford, in the peace of said com- monwealth then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault, and the said Columbus Hash, Rowan Hash, a certain pistol of the value of two dollars, then and there charged with gun-powder and leaden bullets, which said pistol they, the said Columbus Hash, Rowan Hash, in their right hands then and there had and held, then and there felo- niously, wilfully, and of their malice aforethought, did discharge and shoot off, to, against, and upon the said Anderson Rutherford, and that the said Columbus Hash, Rowan Hash, with the leaden bullets aforesaid, out of the pistol by the said Columbus Hash, Rowan Hash, dis- charged, and shot off as aforesaid, then and there felo- niously, wilfully, and of their malice aforethought, did strike, penetrate, and wound the said Anderson Ruther- ford in and upon the head of him, the said Anderson Rutherford, giving to him, the said Anderson Ruther- ford, then and there, with the leaden bullets aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid, by the said Columbus Hash, Rowan Hash, in and upon the head of him, the said Anderson Rutherford, one mortal wound, of which mortal wound he, the said Anderson Rutherford, from the ...... hour of the evening of the ...... day of ...... 5 19 .x5 0 the eres hour of the evening of that day, in the year afore- said, did languish, and languishing, did live, on which said evening of the ...... Gay OL sasazs , in the year aforesaid, the said Anderson Rutherford, in the county 988 SPECIFIC CRIMES. aforesaid, of the said mortal wound died; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said Columbus Hash, Rowan Hash, the said Ander- son Rutherford, in manner and form aforesaid, feloni- ously, wilfully, and of their malice aforethought, did kill and murder, against the peace and dignity of the com- monwealth of Virginia. WASHINGTON. Form No. 1208, (Precedent from. State v. Cronin, 20 Wash. 512, 56 Pac. 26.) [Venue and Title.] Comes now John Mitchell, county attorney and prosecuting attorney for Thurston county, state of Washington, and the court being in session, and the grand jury not being in session, gives the court to understand and be informed that one John Cronin is guilty of the crime of murder in the first degree, com- mitted as follows: He, said John Cronin, in said county of Thurston, on the ...... day of ...... 5 19.45 urs posely and of his deliberate and premeditated malice killed Antonio Ferarri, by then and there purposely and of his deliberate and premeditated malice shooting and mortally wounding the said Antonio Ferarri, with a pis- tol which he, the said John Cronin, then and there held in his hand. Dated at Olympia, in said county and state, the ...... dns OL sicas cy LOSS ere Tere See ern e , County Attorney, and Prosecuting Attorney for the County of Thurston, Washington. [Verification as in Form No. 1154.] HOMICIDE—WITH PISTOL, PRINCIPAL, ETC. 989 (2.) Against Principal and Accessory. (i.) In General, FLORIDA. Form No. 1209. (Precedent from Green v. State, 40 Fla. 191.) [Commence as in Form No. 20, and add:] present that Jake Blue, Israel Green, Abe Dixon, Will Murphy, Dave Mitchell, Gilbert George, and Boykin Brown, late of the said county, on the ...... day of ......, A. D: 19.., at and in the county and state aforesaid, with force and arms, and with a deadly weapon, to-wit, a pistol, which said pistol was then and there loaded and charged with gunpowder and leaden bullets, and with which the said Jake Blue then and there had and held in one of his hands, in and upon one G. M. Fletcher, unlawfully, of their malice aforethought, and from a premeditated de- sign to effect the death of the said G. M. Fletcher, did make an assault; and the said Jake Blue did then and there unlawfully, feloniously, and of his malice afore- thought, and from a premeditated design to effect the death of the said G. M. Fletcher, shoot off and discharge the pistol aforesaid, so loaded and charged as aforesaid, at, toward, against, and upon the said G. M. Fletcher; and the said Jake Blue did then and there unlawfully, feloniously, of his malice aforethought, designing to ry fect the death of the said G. M. Fletcher, strike, pene- trate, and wound the said G. M. Fletcher, with one of the leaden bullets aforesaid, so shot off and discharged out of the pistol aforesaid, and thereby giving and inflict- ing unlawfully, and from a premeditated design to effect the death of the said G. M. Fletcher, in and upon the body of the said G. M. Fletcher, one mortal wound, of the depth and breadth to the jurors unknown, of and from. which mortal wound the said G. M. Fletcher then and there instantly died. And the jurors aforesaid, upon 990 SPECIFIC CRIMES. their oaths aforesaid, do further present that the said Israel Green, Abe Dixon, Will Murphy, Dave Mitchell, Gilbert George, and Boykin Brown were then and there present, unlawfully, and from a premeditated design to effect the death of the said G. M. Fletcher, aiding, abet- ting, assisting, comforting, procuring, encouraging, coun- seling and commanding the said Jake Blue, the murder aforesaid, in manner and form aforesaid, to do and com- mit. So the jurors aforesaid, upon their oaths aforesaid, do say that the said Jake Blue, Israel Green, Abe Dixon, Will Murphy, Dave Mitchell, Gilbert George, and Boykin Brown, at the time aforesaid, and in the county, circuit, and state aforesaid, did commit the crime of murder in the first degree, contrary [concluding as in Form No. 20]. WISCONSIN. Form No. 1210. (Precedent from Chase v. State, 50 Wis. 518, 7 N. W. 376.) [Venue and Title.] William R. Hoyt, District Attor- ney for said county, hereby informs the court, that on the Saitene day of ......, in the year 19.., at said county, Charles William Chase, in and upon one Frank Goodhue, feloniously, wilfully and of his malice aforethought, did make an assault, and that the said Charles William Chase, a certain revolver then and there loaded and charged with gunpowder and leaden bullets, then and there feloniously, wilfully and of his malice aforethought, did discharge and shoot off, to, against and upon the said Frank Goodhue, and that the said Charles William Chase, with leaden bullets aforesaid, out of the revolver peare: said, then and there, by force of the gunpowder afore- said by the said Charles William Chase discharged and shot off, in and upon the head and body of the said Frank Goodhue, then and there feloniously, wilfully and of his malice aforethought, did strike, penctrate and wor. id, giving the said Frank Goodhue, then and there, with the HOMICIDE—SHOOTING AND CUTTING. 991 leaden bullets aforesaid, so as aforesaid shot and dis- charged and sent forth out of the revolver aforesaid, by the said Charles William Chase, in and upon the head and body of him, the said Frank Goodhue, mortal wounds, of which mortal wounds the said Frank Goodhue, on the BAI ic is-20% day of ...:..,19.., died. Second. That he, the said Charles William Chase, in the county aforesaid, on the ...... day Of wi cae pboass aforesaid, with force and arms, in and upon one Frank Goodhue, did make an assault, and that the said Charles William Chase, with a certain slung-shot and revolver, the said Frank Goodhue, in and upon the head of the said Frank Goodhue, then and there feloniously, wilfully, and of his malice aforethought, did strike, bruise and wound, giving the said Frank Goodhue, then and there, with the slung-shot and revolver aforesaid, in and upon the head of the said Frank Goodhue, mortal wounds, of which mortal wounds the said Frank Goodhue, on the peers day of ......, A. D. 19.., died; so that the said Charles William Chase the said Frank Goodhue, in man- ner and form aforesaid, then and there feloniously, wil- fully and of his malice aforethought, did kill and murder, against the peace and dignity of the state of Wisconsin. Ma Gvaaceroehe womens , District Attorney. (ii.) And Cutting. SOUTH CAROLINA, Form No. 1211. (Precedent from State v. Norton, 28 S. C. 574.) [Follow Form No. 57 to the *, and add:] that Alexan- der C. Norton and A. Richard Norton, late of the County of Orangeburg, on the ...... Cay WE ne oo , in the year of our Lord one thousand nine hundred and ...... » with force and arms, at McNeill’s in the County of Orange- 992 SPECIFIC CRIMES. burg, and State aforesaid, in and upon one J. Lafayette Hamlin, in the peace of God and of the said State then and there being, feloniously, wilfully, and of their malice aforethonght, did make an assault; and that the said A. Richard Norton, a certain pistol, of the value of one dollar, then and there charged with gun-powder and one leaden bullet, which said pistol he, the said A. Richard Norton, in his right hand, then and there had and held, then and there feloniously, wilfully, and of his malice aforethought, did discharge and shoot off to, at, against, and upon the said J. Lafayette Hamlin; and: that the said A. Richard Norton, with the leaden bullet aforesaid, out of the pistol aforesaid, then and there by force of the gun-powder aforesaid, by the said A. Richard Norton discharged and shot off as aforesaid, then and there felo- niously, wilfully, and of his malice aforethought, did strike, penetrate and wound him, the said J. Lafayette Hamlin, in and upon the right side of the neck of him, the said J. Lafayette Hamlin, giving unto him, the said J. Lafayette Hamlin, then and there, with the ieaden bullet aforesaid, so as aforesaid discharged and shot out of the pistol aforesaid, by the said A. Richard Norton, in and upon the right side of the neck of him, the said J. Lafayette Hamlin, one mortal wound, of the depth of five inches, and of the breadth of one-fourth of one inch, of which mortal wound, he, the said J. Lafayette Hamlin, then and there instantly died; and that the said Alexander C. Norton then and there feloniously, wilfully, and of his malice aforethought, was present, aiding, abetting, counseling, advising, and assist- ing him, the said A. Richard Norton, the felony and mur- der aforesaid, in manner and form aforesaid, to do and commit. And so the jurors aforesaid, upon their oaths aforesaid, do say that the said Alexander O. Norton, and the said A. Richard Norton, him, the said J. Lafay- ette Hamlin, then and there, in the manner and by the means aforesaid, feloniously, wilfully, and of their mal- HOMICIDE—SHOOTING AND CUTTING. 993 ice aforethought did kill and murder, against the form of the statute in such case made and provided, and against the peace and dignity of the same State afore- said. And the jurors aforesaid, upon their oaths aforesaid, do further present that étta said Alexander C. Norton and A. Richard Norton, on the ...... day GE seen 4 Ui the year of our Lord one thousand nine hundred and ee , with force and arms, at MeNeill’s, in the County of Orangeburg and State aforesaid, in and upon one J. Lafayette Hamlin, in the peace of God and of the said State then and there being, feloniously, wilfully, and of their malice aforethought, did make an assault; and that the said Alexander C. Norton, with a certain knife, of the value of one dollar, which he the said Alexander C. Norton, in his right hand, then and there had and held, him, the said J. Lafayette Hamlin, in and upon the right side of the neck of him, the said J. Lafayette Hamlin, then and there feloniously, wilfully, and of his malice afore- thought, did strike, penetrate, and wound, giving unto the said J. Lafayette Hamlin then and there, with the knife aforesaid, by the stroke aforesaid, in manner afore- said, in and upon the right side of the neck of him, the said J. Lafayette Hamlin, one mortal wound, of the length of five inches and of the depth of three inches, of which said mortal wound the said J. Lafayette Hamlin then and there instantly died; and that the said A. Rich- ard Norton then and there feloniously, wilfully, and of his malice aforethought, was present, aiding, abetting, counseling, advising, and assisting the said Alexander OC. Norton the felony and murder aforesaid, in manner and form aforesaid, to do and commit. And so the jurors aforesaid, upon their oath aforesaid, say that the said Alexander C. Norton, and the said A. Richard Norton, him, the said J. Lafayette Hamlin, then and there, in the manner and by the means aforesaid, feloniously, wil- fully, and of their malice aforethought, did kill and mur- Cvim. L.uc, Forms—63 994 SPECIFIC CRIMES. der, against the form of the statute in such case made and provided, and against the peace and dignity of the same State aforesaid. rsh le uaa taansh Gaemaas , Solicitor. (iii.) Against Accessory Alone, KENTUCKY. Form No, 1212. (Precedent from Sticklin v. Com., 83 Ky. 567.) [Follow Form No. 27 to the *, and add:] Elizabeth Sticklin, of the offense of murder, committed as follows: The said Elizabeth Sticklin, in the county aforesaid, on TG wcewes day Of scs.a% , 19.., did feloniously, wilfully and with malice aforethought, kill and murder Payton Sticklin, by confederating and conspiring with Floyd Williams, and aiding and abetting, counseling him, the said Williams, to kill and murder the said Payton Stick- lin, and that in pursuance to said conspiracy confedera- tion, did counsel and advise the said Floyd Williams did, feloniously and with malice aforethought, thereafter kill and murder the said Payton Sticklin by shooting him with guns and pistols, loaded with powder and balls, or other hard and combustible substances, the said Hliza- beth Sticklin being accessory thereto, and aiding, abet- ting, counseling, assisting therein as aforesaid; against the peace and dignity of the commonwealth of Kentucky. [Signature as in Form No. 27.] un. With Weapon Unknown, CALIFORNIA, Form No, 1213. (Precedent from People v. Sanford, 43 Cal. 31.) [Title as im Form No. 1098, and add:] The said Cyrus Sanford is accused by the Grand Jury of the County of Los Angeles, State of California, by this indictment, HOMICIDE—WITH UNKNOWN WEAPON. 995 found this ...... day of siicas , A. D. one thousand. nine hundred and ...... , of the crime of murder, committed as follows: The said Cyrus Sanford, on the ...... day of bkieae , A. D. nineteen hundred and ......, at the county and State aforesaid, did feloniously, wilfully, maliciously, and of his malice aforethought, shoot, kill, and murder one Enoch Barnes, contrary to the form, force, and effect of the statute in such cases made and provided, and against the peace and dignity of the people of the State of California. [Signature as in Form No. 1098.] OKLAHOMA, Form No, 1214. (Precedent from Stutsman v. Territory, 7 Okla. 490, 54 Pac. 708.) [Follow Form No. 51 to the *, and add:] that in said county of Pottawatomie, in said state of Oklahoma, on 406 sans day of ......, in the year of our Lord 19.., the defendant, Nicholas Stutsman, did purposely, wil- fully, feloniously, and with his malice aforethought, and without authority of law, and with a premeditated de- sign then existing in the mind of the defendant to effect the death of one Aaron Haning, then and there, with some kind of gun or pistol, which is to the grand jurors unknown, shoot a bullet into the head of him, the said Aaron Haning, and so inflicted and so made a mortal wound upon and in the head of the said Aaron Haning, of which mortal wound so inflicted upon him in manner and form and with the purposes aforesaid the said Aaron Haning, on the ...... day Of sass. , A. D. 19. ., and in said Pottawatomie county aforesaid, did die, as was in- tended by defendant, as aforesaid, he should do; and so the grand jurors aforesaid, on their oaths aforesaid, do say and find that the defendant, Nicholas Stutsman, in manner and form aforesaid, did purposely, wilfully, felo- niously, and with malice aforethought, and without au- thority of law, and with the premeditated design to effect 996 SPECIFIC CRIMES. the death of him, the said Aaron Haning, the said Aaron Haning kill and murder, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Oklahoma. SoCo en sewer moreno was , County Attorney. s. By Smothering or Suffocating. 1. With Bed-Clothes. NEW YORK. Form No. 1215. (Precedent from Records in People v. Place, 157 N. Y. 584, 18 N. Y. Cr. Rep. 474, 52 N. E. 576.) [Follow Form No. 46 to the *, and add:| The said Martha Place, on the ...... day Of .c.u« , 19.., at the Borough of Brooklyn of the City of New York, in the County of Kings, with force and arms, in and upon one Ida Place, wilfully, deliberately, premeditatedly, feloni- ously, and from‘a deliberate and premeditated design to effect the death of the said Ida Place, did make an as- sault. And she, the said Martha Place, then and there wilfully, deliberately, premeditatedly, and from a delib- erate design to effect the death of her the said Ida Place, did smother and asphyxiate her, the said Ida Place, by forcibly placing, pressing and holding over against and upon the head, face, mouth and nose of her, the said Ida Place, so that the said Ida Place, then and there became and was unable to breathe and inhale air, certain bed- clothing, bed-quilts, pillows, and other articles, by reason and in consequence of which she, the said Ida Place, of such smothering and asphyxiation on the day and year aforesaid, at the city and county did die. And so the grand jury aforesaid do say, that she, the said Martha Place, in the manner and form, and by tlic _ means aforesaid, at the borough and county aforesaid, on the day and year aforesaid, wilfully, deliberately, nve- HOMICIDE—THROWING CHILD INTO PRIVY. 997 meditatedly, feloniously, and from a deliberate and pre- meditated design to effect the death of the said Ida Place, did kill and murder against the form of the statute in such case made and provided and against the peace and dignity of the people of the state of New York. idouawias a SatewnewnnG , District Attorney. ti. By Throwing Child Into a Privy. AT COMMON LAW. Form No. 1216. [Follow Form No. 1114 to the +, and add:] that * Jane Doe, late of the parish of Chelmsford, in the county of Essex, single woman, on the ...... day Of osu , in the an8 Ghis year of the reign of our sovereign lord George the Seventh by the Grace of God of the United Kingdom of Great Britain and Ireland king, defender of the Faith, being big with a certain female child, afterwards, to-wit, on the ...... day of ...... aforesaid, at the parish of Chelmsford aforesaid, the said female child alone and secretly from her body by the providence of God did bring forth alive, which said female child so born alive, by the laws of this realm was a bastard; and that the said Jane Doe not having the fear of God before her eyes, but being moved and seduced by the instigation of the devil, afterwards, to-wit, on the ...... GAY OF cesses aforesaid, with force and arms, at the parish of Chelms- ford aforesaid, in and upon the said female bastard child, in the peace of God and our said lord the king, then and there being, feloniously, wilfully, and of her malice afore- thought, did make an assault;+ and that the said Jane Doe with both her hands, the said female bastard child in a certain linen cloth of the value of two-pence, felo- niously, wilfully, and of her malice aforethought, did put, place, fold and wrap up, by means of which said putting, placing, folding, and wrapping up of the said female 998 SPECIFIC CRIMES. bastard child, in the said linen cloth by her the said Jane Doe as aforesaid, the said female bastard child was then and there choked, suffocated and smothered, of which said choking, suffocation, and smothering the said female bastard child then and there died; and so [concluding as in Form No. 1114]. And the jurors aforesaid, on their oath aforesaid, do _further present that [continuing as in first count from * to t]. And that the said Jane Doe with both her hands, the said female bastard child into a certain privy there situate, wherein was a great quantity of human excre- ment and other filth, then and there feloniously, wil- fully, and of her malice aforethought, did cast and throw, by reason of which casting and throwing of the said female bastard child into the said privy by her the said Jane Doe as aforesaid; the said female bastard child in the said privy with the excrements and filth aforesaid, was then and there choked and suffocated, of which said choking and suffocation the said female bastard child then and there died; and so [concluding as in Form No. 1114]. t. By Starving. AT COMMON LAW. Form No. 1217. [Follow Form No. 1114 to the +, and add:] that John Doe, late of the parish of Chelmsford in the county of Essex, not having the fear of God before his eyes, but being moved and seduced by the instigation of the devil and of his malice aforethought, contriving and intending one Richard Roe, then being an apprentice to him the said John Doe, feloniously, wilfully, and of his malice aforethought, to starve, kill, and murder, on the ...... Gay OE wis sa's's If THO cave year of the reign of our sov- ereign Lord George the Seventh, etc., and on divers days and times between that day and the...... day of HOMICIDE—BY STARVING. 999 next following, with force and arms, at the parish of Chelmsford aforesaid, in and upon the said Richard Roe, his apprentice aforesaid, in the peace of God, and of our said lord the king, then and there being, feloniously, wilfully, and of his malice aforethought, did make divers assaults. And that the said John Doe afterwards, to-wit, on the said ...... GAY OL amensi continually from thence, antl The: «ceess GAP OL ccex as aforesaid, feloniously, wil- fully, and of his malice aforethought, did keep, confine, and imprison him the said Richard Roe in a certain cellar, part or parcel of a certain messuage or dwelling-house, situate and being at the parish aforesaid, in the county aforesaid,.and during all that time did, feloniously, wil- fully, and of his malice aforethought, neglect and refuse to give and administer, or permit to be given or admin- istered, to him the said Richard Roe so confined and imprisoned as aforesaid, sufficient meat, drink, victuals, and other necessaries, proper and requisite for the sus- tenance, support, and maintenance of the body of him the said Richard Roe by means of which said confine- ment and imprisonment, and also for want of sufficient meat, drink, victuals, and other necessaries, as were proper and requisite for the sustenance and support, and maintenance of the body of him the said Richard Roe, he the said Richard Roe, from the said ...... day of 2.2... Wnt), The sce ss day of ...... in the said cellar, at the parish aforesaid, did linger and pine, and became greatly emaciated and consumed in his body, and during all that time did languish, and languishing did live; on which BIC vy ake BY OE et ssere'e he the said Richard Roe at the parish at Chelmsford aforesaid, of such confinement and imprisonment, and for want of such sufficient meat, drink, victuals, and other necessaries, as were proper and requi- site for the sustenance, support, and maintenance of his body, did miserably perish and die; and so [concluding as in Form No. 1114]. 1000 SPECIFIC CRIMES. u. By Strangling. 4. [n General. AT COMMON LAW. Form No. 1218. [Follow Form No. 1114 to the t, and add:] that Jane Doe, late of the parish of Chelmsford, in the county of Essex, on the ...... Gay OF vcxaes in the ...... year of the reign of our sovereign lord George the Seventh by the grace of God of the United Kingdom of Great Britain and Ireland king defender of the Faith, being big with a male child, the same day and year, at the parish afore- said, by the providence of God did bring forth the said child alive of the body of her the said Jane Doe alone and in secret, which said male child so being born alive, by the laws of this realm was a bastard; and that the said Jane Doe not having the fear of God before her eyes, and being moved and seduced by the instigation of the devil, afterwards, to-wit, on the said ...... day of ...... as soon as the said male bastard child was born, with force and arms, at the parish aforesaid, in and upon the said child, in the peace of God and our said lord the king, then and there being, feloniously, wilfully, and of her malice aforethought, did make an assault, and that she the said Jane Doe with both her hands about the ‘neck of him the said child, then and there fixed, him the said child then and there feloniously, wilfully, and of her malice aforethought, did choke and strangle, of which said choking and strangling the said child then and there instantly died; and so [concluding as in Form No. 1114]. HOMICIDE—-WHILE COMMITTING FELONY, 1001 u. While Committing Felony. NEW YORK. Form No. 1219. (Precedent from People v. Rugg, 98 N. Y. 538, 3 N. Y. Cr. Rep. 72.) [Venue and Title.] The grand jury of the county of Quecns by this indictment accuse Charles H. Rugg of the crime of murder in the first degree, committed as fol- lows: The said Charles H. Rugg, late of the town of Oyster Bay in the county of Queens aforesaid, on the ...... day i aes , in the year of our Lord 19.., at the town and in the county aforesaid, with force and arms in and upon one Ann E. Maybee in the peace of God and the people of the State of New York, then and there being, wilfully, feloniously, of malice aforethought, and with a wilful, deliberate, and premeditated design to effect the death of the said Ann EK. Maybee, did make an assault, and that he, the said Charles H. Rugg, with both his hands about the throat and neck and over the mouth and nose of her the said Ann E. Maybee, then and there feloniously, wil- fully, of malice aforethought, and with a deliberate and premeditated design to effect the death of the said Ann i. Maybee, did choke, strangle and suffocate her, the said Ann E. Maybee, of which said choking, strangling and suffocating she the said Ann E. Maybee, then and there instantly died, and the grand jury aforesaid do say that the said Charles H. Rugg the said Ann E. Maybee in the manner and form and by the means aforesaid, at the town and county aforesaid, on the day and in the year afore- said, wilfully, feloniously, of malice aforethought, and with a deliberate and premeditated design to effect the death of her, the said Ann E. Maybee, did kill and murder against the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity. 1002 SPECIFIC CRIMES. Second count. And the grand jury aforesaid by this | indictment further accuse the said Charles H. Rugg of the crime of murder in the first degree, committed as follows: While he was engaged in the commission of a felony, to-wit, the crime of murder committed as fol-_ lows: the said Charles H. Rugg, late of the town of Oyster Bay, in the county of Queens aforesaid, on the ...... day OL «ix , in the year of our Lord 19.., at the town of Oyster Bay and county of Queens aforesaid, with force and arms in and upon one Lydia Maybee, in the peace of God and of the people of the State of New. York, then and there being, wilfully, feloniously, maliciously and. with a design to effect the death of the said Lydia May- bee, did make an assault, and that he, the said Charles H. Rugg, with both his hands about the throat and neck and over the mouth and nose of her, the said Lydia Maybee, then and there feloniously, wilfully, maliciously, and with design to effect the death of the said Lydia Maybee, did choke, strangle and suffocate, of which said choking, strangling and suffocating, she, the said Lydia Mayhee, then and there instantly died; and that the said Charles H. Rugg, in the manner, at the place and time, and by the means aforesaid, did kill and murder the said Lydia Maybee against the form of the statute in such case made and provided and against the peace of the people of the State of New York and their dignity, and that the said Charles H. Rugg, late of the town and county afore- said, on the said ...... day Of sssudis , in the year of our Lord 19.., at the town and county aforesaid, while he, the said Charles H. Rugg, was engaged in the commission of said felony above described, to-wit, the murder of one Lydia Maybee, in the manner, by the means, and at the time and place aforesaid, with force and arms and in and upon one Ann H, Maybee in the peace of God and of the people of the State of New York, then and there being, wilfully, feloniously, maliciously, did make an assault, and that he, the said Charles H. Rugg, with both his HOMICIDE—WHILE COMMITTING FELONY. 1003 hands about the throat and neck and over the mouth and nose of her, the said Ann E. Maybee, then and there feloniously, wilfully, maliciously did choke, strangle and suffocate her, the said Ann EB. Maybee, of which said choking, strangling and suffocating, she, the said Ann EK. Maybee, then and there instantly died. And the grand jurors aforesaid do say that the said Charles H. Rugg, the said Ann EK. Maybee, in the manner and form, and by the means aforesaid, at the town and county afore- said, on the day and in the year aforesaid, while engaged in the commission of the felony aforesaid, to-wit: the murder of one Lydia Maybee, in the manner, by the means and at the time and place aforesaid, wilfully, felo- niously, maliciously, did kill and murder, against the form of the statute in such case made and provided and against the peace of the people of the State of New York and their dignity. Third count. The grand jury of the county of Queens, by this indictment, further accuse the said Charles H. Rugg of the crime of murder in the first degree, com- mitted as follows, while he was engaged in the commis- sion of a felony, to-wit, the crime of grand larceny, as follows: The said Charles H. Rugg, late of the town of Oyster Bay, in the county of Queens aforesaid, on the...... day Ol uccus , in the year of our Lord 19.., at the town of Oyster Bay, and in the county of Queens aforesaid, with force and arms, one gold watch of the value of $30, one gold chain of the value of $5, one cameo breast pin of the value of $5, and $90 of United States money, consist- ing of bank notes and United States legal tenders of a kind and denomination unknown to the jurors aforesaid, and a more definite description of which can not now be given, of the value in all, of $130, of the goods, chattels and property of Lydia Maybee, then and there being found, feloniously did steal, take and carry away, against the form of the statute in such case made and provided, 1004 SPECIFIC CRIMES. and against the peace of the people of the State of New York and their dignity; and that the said Charles H. Rugg, late of the town and county aforesaid, on the said a ciara day of ......, in the year of our Lord 19.., at the town and county aforesaid, while he, the said Charles H. Rugg, was engaged in the commission of said felony above described, to-wit: the crime of grand larceny com- mitted in the manner, by the means, and at the time and place aforesaid, with force and arms, in and upon one Ann E. Maybee, in the peace of God, and of the people of the State of New York, then and there being, wilfully, feloniously and maliciously did make an assault, and that he, the said Charles H. Rugg, with both his hands about the throat, neck and over the mouth and nose of her, the said Ann EK. Maybee, then and there, feloniously, wilfully, maliciously, did choke, strangle and suffocate her, the said Ann KE. Maybee, of which said choking, strangling and suffocating, she, the said Ann E. Maybee, then and there instantly died, and the grand jurors, aforesaid, .do say that the said Charles H. Rugg, the said Ann E. May- ‘bee, in the manner and form, and by the means afore- said, at the time and county aforesaid, on the day and in the year aforesaid, while engaged in the commission of the felony aforesaid, to-wit: the crime of grand larceny, . committed in the manner, by the means and at the time and place aforesaid, wilfully, feloniously did kill and murder, against the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity. Fourth count. And the grand jury aforesaid, by this indictment, further accuse the said Charles H. Rugg of the crime of murder in the first degree, committed as follows: While he, the said Charles H. Rugg, was engaged in the commission of a felony, to-wit: the crime of grand larceny, as follows: The said Charles H. Rugg, late of the town of Oyster Bay, in the county of Queens afore- HOMICIDE—-WHILE COMMITTING FELONY. 1005 said, on the ...... day of ...... , in the year of our Lord 19.., at the town of Oyster Bay, and in the county of Queens aforesaid, with force and arms, $90 of United States money, consisting of bank bills and United States legal tenders of a kind and denomination unknown to the jurors aforesaid, and a more definite description of which can not now be given, of the value in all of $90, of the goods, chattels and property of one Garrit Maybee, then and there being found, feloniously. did steal, take and carry away, to the great damage of the said Garrit May- bee, and against the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity. And that the said Charles H. Rugg, late of the town and county aforesaid, on the said ...... day OL .i002- , in the year of our Lord 19.., at the town and county aforesaid, while he, the said Charles H. Rugg, was engaged in the com- mission of said felony above described, to-wit: the crime of grand larceny, committed in the manner, by the. means, at the time and place aforesaid, with force and arms, in and upon one Ann EK. Maybee, in the peace of God, and of the people of the State of New York, then and there being wilfully, feloniously and maliciously did make an assault, and that he, the said Charles H. Rugg, with both his hands about the throat, neck and over the mouth and nose of her, the said Ann HE. Maybee, then and there, feloniously, wilfully, maliciously did choke, strangle and suffocate her, the said Ann KE. Maybee, of which said choking, strangling and suffocating she, the said Ann E. Maybee, then and there instantly died; and the grand jurors aforesaid, do say that the said Charles H. Rugg, the said Ann E. Maybee, in the manner and form, and by the means aforesaid, at the town and county aforesaid, on the day and in the year aforesaid, while engaged in the commission of the felony aforesaid, to-wit, the crime of grand larceny, committed in the manner and by the means and at the time and place aforesaid, wilfully, felo- 1006° SPECIFIC CRIMES. niously and maliciously did kill and murder against the form of the statute in such case made and provided, and against the peace of the people of the State of New York and their dignity. [Signature as in Form No. 46.] iu. And Beating. NEVADA, Form No. 1220. (Precedent from State v. Millain, 3 Nev. 435.) [Venue and Title.| John Millain, above named, is ac- cused by the grand jury of the county of Storey, by this indictment, of the crime of murder, committed as follows, to-wit: That said John Millain of Storey county, State of Nevada, on the ...... day 0b cscces ds DD, 19. 5, OF thereabouts, at Virginia City, Storey county, State of Nevada, without authority of law, and with malice afore- thought, killed Julia Bullette by striking her on the head with a stick of wood, and by choking and strangling the said Julia Bullette with the hands of him, the said John Millain; whereof and by means of the blows, choking and strangling aforesaid, the said Julia Bulette then and there died. All of which is contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the State of Nevada. [Signature as in Form No. 41.] , v. By Torture. NEW MEXICO. Form No. 1221, (Precedent from Territory v. Vialpando, 8 N. M: 216, 42 Pac. 64.) [Follow Form No. 44 to the *, and add:] that Jesus Vialpando and Feliciano Chavez, late of the county of Santa Fe, state of New Mexico, on the ........ day of sguuae , in the year of our Lord 19.., at the county of HOMICIDE—BY TORTURE. 1007 Santa Fe aforesaid, with force and arms, at the county aforesaid, in and upon one Thomas Martinez, then and there being, feloniously, unlawfully, wilfully, purposely, and with express malice aforethought, did make an as- sault, and the said Jesus Vialpando and. Feliciano Cha- vez certain guns and pistols then and there being, charged with gunpowder and loaded with divers leaden bullets, which said guns and pistols the said Jesus Vialpando and Feliciano Chavez in their right hands then and there held against, at, and upon him, the said Thomas Martinez, then and there, feloniously, wilfully, purposely, and with express malice aforethought, did discharge and shoot off; and that the said Jesus Vialpando and Feliciano Chavez, with the leaden bullets aforesaid, by force of the gun- powder out of the said guns and pistols by them, the said Jesus Vialpando and Feliciano Chavez, so as aforesaid and shot off, him, the said Thomas Martinez, in and upon the left side of the head of him, the said Thomas Martinez, then and there feloniously, unlawfully, wil- fully, purposely, and with express malice aforethought, did strike and wound, giving to him, the said Thomas Martinez, then and there with the leaden bullets afore- said, out of the guns and pistols so as aforesaid dis- charged and shot off in and upon the left side of the head of him, the said Thomas Martinez, one mortal wound, of which mortal wound the said Thomas Martinez, then and there instantly died; and that the said Jesus Vialpando and Feliciano Chavez then and there, feloniously, unlaw- fully, wilfully, purposely, and with express malice afore- thought, did take the said Thomas Martinez into both of the hands of them, the said Jesus Vialpando and Feli- ciano Chavez, and did then and there feloniously, unlaw- fully, wilfully, purposely, and with express malice afore-' thought, cast, throw, and push the said Thomas Martinez into a certain fire then and there burning, wherein there was a great quantity of wood, set fire to and caused to be burned and consumed by them, the said Jesus Vial- 1008 SPECIFIC CRIMES. pando and Feliciano Chavez, inflicting thereby, and by means of the flames thereof, upon the said Thomas Mar- tinez, on his breast, belly, arms, legs, head, neck, and other parts of the body, divers mortal burns, sores, and wounds, of which said mortal burns, sores, and wounds the said Thomas Martinez then and there instantly died. And so the jurors aforesaid, upon their oaths aforesaid, do say that the said Jesus Vialpando and Feliciano Cha- vez the said Thomas Martinez, in manner and form afore- said, feloniously, unlawfully, wilfully, purposely, and with express malice aforethought, did kill and murder, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the territory of New Mexico. District Attorney for Counties of Santa Fe, San Juan, and Rio Arriba. TEXAS. Form No. 1222, (Precedent from Warren v. State, 30 Tex. App. 58, 16 S. W. 747.) [Follow Form No. 60 to the *, and add:] that I. B. Warren, on or about the ...... day of...... , ou. Di 19). 55 in the State of Texas and County of Bell, did then and there with malice aforethought kill the infant Warren by torture, to-wit: the said I. B. Warren did then and there, on or about the night of the ...... Of eayaes pie Di 19.., take the said infant Warren (the said iafant War- ren then and there being the same child that was born and given birth to by Mrs. Alice Warren on the ...... Cay Of siases , 19.., in said Bell County, Texas), from the mother of said infant and from the house of Mrs. M. P. Coons, and on said night did deposit and leave said infant Warren in the yard of John Powers, in the said State and county, exposed to the prey of ants and flies, without food and without drink, which treatment was HOMICIDE—IN PROCURING ABORTION, 1009 then and there torture to said infant Warren, and by means of which torture the said infant Warren, on or about the ...... day OF sexsars , A. D. 19.., in the said State and county, did die, said infant Warren being then and there a child of only a few days old and perfectly helpless. And the grand jurors aforesaid do say that the said I. B. Warren, of his malice aforethought, in man- ner and form aforesaid, did kill and murder the said infant Warren, against the peace and dignity of the State. [Signature as in Form No. 60.] 3. IN PROCURING ABORTION. IOWA. Form No. 1223. (Precedent from State v. Baldwin, 79 Iowa 715, 8 Am. Cr. Rep. 566, 45 N. W. 297.) [Follow Form No. 25 to the *, and add:] The said Lawson J. Baldwin, on or about the...... day of ...... ‘ in the year of our Lord one thousand nine hundred and eaxe , in the county aforesaid, in and upon the body of one Mattie Rodabaugh then and there being, wilfully, feloniously, premeditatedly, and with malice afore- thought, did commit an assault with some instrument to the grand jury unknown, then and there held in the hands of the said Lawson J. Baldwin; and then and there said Lawson J. Baldwin did wilfully, feloniously, delib- erately, premeditatedly, and of his malice aforethought, thrust into the body and puncture and lacerate the womb and private parts of said Mattie Rodabaugh, then and there and thereby wilfully, feloniously, deliberately, pre- meditatedly, and of his malice aforethought, inflicting upon the body, womb and private parts of the said Mattie Rodabaugh, who was then and there a pregnant woman, mortal wounds, the number of which is to the grand jurors unknown, of which mortal wounds the said Mattie Crim. Proc. Forms—64 1010 SPECIFIC CRIMES. Rodabaugh, in Van Buren county, Iowa, on the ...... day Gi, caseey , A. D. 19.., then and there did die. And the grand jurors aforesaid further aver and charge that the said defendant, Lawson J. Baldwin, at said time and place, and in the manner and by the means aforesaid, thrust into the body, womb and private parts of the said Mattie Rodabaugh, said unknown instruments, with in- tent to produce a miscarriage of said Mattie Rodabaugh, the said miscarriage not being necessary to save the life of said Mattie Rodabaugh, contrary to and in violation of law. : Second count. The said Lawson J. Baldwin, on or about the ...... day of 2... , in the year of our Lord one thousand nine hundred and ...... , in the county aforesaid, in and upon the body of one Mattie Rodabaugh, a pregnant woman, then and there being, wilfully, delib- erately, feloniously, premeditatedly, and with malice aforethought, did commit an assault, and then and there the said Lawson J. Baldwin did wilfully, deliberately, premeditatedly, and of his malice aforethought, and with intent to produce the miscarriage of said Mattie Roda- baugh, administer and cause to be taken by the said Mat- tie Rodabaugh certain drugs, substances, and medicines, to the grand jurors unknown, the same not being neces- sary to save the life of the said Mattie Rodabaugh, then and there being, and thereby wilfully, deliberately, pre- meditatedly, and of his malice aforethought, causing the said Mattie Rodabaugh, by means of said drugs, sub- stances and medicines, to sicken and languishingly live, On The o..4 as day Of s.sss4 , A. D. 19.., in Van Buren county, state of Iowa, to die, contrary to and in viola- tion of law. [Signature as in Form No. 25.] HOMICIDE—IN PROCURING ABORTION, 1011 OHIO. Form No. 1224. (Precedent from State v. Barker, 28 Ohio St. 584.) [Follow Form No. 50 to the *, and add:] that William B. Barker, late of said county, on the ..... day Of osx. ; in the year of our Lord 19.., in the county of Brown aforesaid, unlawfully and feloniously, but without malice, did kill and slay one Sarah Lyda, then and there being, while he, the said William B. Barker was then and there in the commission of an unlawful act, to-wit, the unlawful act of using and employing in and upon the vagina and womb of the said Sarah Lyda, she, the said Sarah Lyda, being then and there a woman pregnant with the vital- ized embryo of a child, a certain hard and pointed instru- ment, the name, size, and description of which are to the ‘jurors aforesaid unknown; and then and there adminis- tering to the said Sarah Lyda, she, the said Sarah Lyda, being a woman pregnant as aforesaid, an ounce of a cer- tain poisonous drug called ergot, with intent by the use and employment of said instrument, and by the admin- istration of said poisonous drug as aforesaid, to destroy said vitalized embryo of a child, and to cause an abortion thereof, the use and employment of which instrument, and the administration of which poisonous drug as afore- said, not then and there being necessary to preserve the life of the said Sarah Lyda, and not having been advised by two physicians to be necessary for that purpose, con- trary to the forms of the statute in such case made and provided, and against the peace and dignity of the State of Ohio. Prosecuting Attorney of Brown County, Ohio. 1012 SPECIFIC CRIMES. 4. IN SUDDEN RENCOUNTER. ALABAMA. (Crim, Code, 1896, § 4856; § 4923, No. 64.) Form No, 1225. [Follow Form No. 832 to the *, and add:] Richard Roe unlawfully killed John Doe in a sudden rencounter, by the use of a deadly weapon concealed before the com- mencement of the fight, the said John Doe being the as- sailant, and his adversary having .no deadly weapon drawn, against the peace [concluding as in Form No. 832]. 5. ON THE HIGH SEAS. a. By Cutting. THE UNITED STATES OF AMERICA. Form No. 1226. At a Circuit Court of the United States of America, for the District of Massachusetts, begun and holden at Boston, within and for said District, on the ...... day OE ss aaa in the year of our Lord one thousand nine hun- dred and ...... The jurors for the United States of America, within and for the District of * Massachusetts, upon their oath, present that Thomas Bram, otherwise called Thomas C. Bram, otherwise called Thomas M. Bram, otherwise called A. Thomas Bram, mariner, of Boston, in said Dis- trict of Massachusetts, on the ....... day Of 2csce0: ,in the year of our Lord one thousand nine hundred and eadeatet , upon the high seas, within the admiralty and maritime jurisdiction of the United States of America and out of the jurisdiction of any particular state thereof, and within the jurisdiction of this court, in and on board of a certain vessel of the United States of HOMICIDE—ON HIGH SEAS. 1013 America, to-wit, the barkentine called the ‘‘Herbert Ful- ler,’’ which said vessel was then owned by divers citizens of the United States of America, the names of whom and a more particular description of whom are to said jurors unknown, with force and arms unlawfully, feloniously, wilfully and of his malice aforethought in and upon one Charles I. Nash an assault did make; and that the said Thomas Bram, so otherwise called as aforesaid, then and there, to-wit, upon the high seas, within the admiralty and maritime jurisdiction of the United States of Amer- ica and out of the jurisdiction of any particular state thereof and within the jurisdiction of this court, in and on board of said vessel, with a certain axe him the said Charles I. Nash in and upon the head of the said Charles I. Nash unlawfully, feloniously, wilfully and of his malice aforethought did strike, penetrate and wound thereby then and there, to-wit, upon the high seas, within the ad- miralty and maritime jurisdiction of the United States of America, and out of the jurisdiction of any particular state thereof and within the jurisdiction of this court in and on board of said vessel, giving unto the said Charles I. Nash in and upon the head of the said Charles I. Nash divers mortal wounds, of which said mortal wounds the said Charles I. Nash then and there, to-wit, upon the high seas, within the admiralty and maritime jurisdiction of the United States of America, and out of the jurisdic- tion of any particular state thereof and within the juris- diction of this court in and on board of said vessel, died. And so the jurors aforesaid upon their oath aforesaid do say and present, that the said Thomas Bram, so other- wise called as aforesaid, unlawfully, feloniously, wilfully and of his malice aforethought him the said Charles I. Nash, then and there, to-wit, upon the high seas, within the admiralty and maritime jurisdiction of the United States of America and out of the jurisdiction of any par- ticular state thereof and within the jurisdiction of this 1014 SPECIFIC CRIMES. court, in and on board of said vessel, in manner and form aforesaid, did kill and murder. Against the peace and dignity of the United States of America and contrary to the form of the statute in such case made and provided. And the jurors aforesaid upon their oath aforesaid do further present and say, that the said District of Massa- chusetts is the District of the United States of America into which the said Thomas Bram, so otherwise called as aforesaid, was first brought after committing the of- fense aforesaid. A true bill. Kealtant United States ‘Attorney for the District of Massachusetts. b. By Shooting and Drowning. Form No. 1227. (Precedent from Anderson v. United States, 170 U. S. 482, 42 L, Ed, 1116, 18 Sup. Ct. Rep. 689.) [Follow Form No. 1226 to the *, and add:] Virginia, upon their oath present, that John Andersen, alias John Anderson, on the ...... day of usscss , 10 the year of our Lord one thousand nine hundred and ...... , with force and arms, on the high seas, and within the jurisdiction of this court and within the admiralty and maritime jurisdiction of the said United States of America, and out of the jurisdiction of any particular State of the said United States of America, in and on board of a certain American vessel, the same being then and there a schooner called and named ‘‘Olive Pecker,’’ then and there belonging to a citizen or citizens of the United States of America, whose name or names is or are to the grand jurors aforesaid unknown, in and upon one Wil- HOMICIDE—ON HIGH SEAS. 1015 liam Wallace Saunders, sometimes called William Saun- ders, then and there being on board said vessel, did piratically, wilfully, feloniously, and of his malice afore- thought make an assault, and that the said John Ander- sen, alias John Anderson, a certain pistol then and there charged with gunpowder and leaden bullets, whigh said pistol he, the said John Andersen, alias John Anderson, in his hand (but which hand is to the said jurors un- known) then and there had and held and then and there piratically, feloniously, wilfully and of his malice afore- thought did discharge and shoot off to, against, and upon -the said William Wallace Saunders, sometimes called -William Saunders, with intent him, the said William -Wallace Saunders, sometimes called William Saunders, _then and there to kill and murder, and that the said John Andersen, alias John Anderson, with the leaden bullets ‘aforesaid out of the pistol by the said John Andersen, alias John Anderson, discharged and shot off as afore- said, then, to-wit: on the ...... day of ...... , in the year of our Lord one thousand nine hundred and ...... -and there, to-wit: On the high seas as aforesaid, in and on board of the said American vessel, and within the admiralty and maritime jurisdiction of the United States ‘of America, and within the jurisdiction of this court, and “out of the jurisdiction of any particular State of the ; Uused States of America, piratically, feloniously, wil- ‘fully and of his malice aforethought did strike, penetrate ‘and wound the said William Wallace Saunders, some- . times called William Saunders, in and upon the head of him, the said William Wallace Saunders, sometimes called William Saunders (and in and upon other parts of the body of him, the said William Wallace Saunders, sometimes called William Saunders, to the said jurors unknown), giving to him, the said William Wallace Saun- ders, sometimes called William Saunders, then and there, with the leaden bullets aforesaid, so as aforesaid dis- charged and shot off out of the pistol aforesaid by the 1016 SPECIFIC CRIMES. said John Andersen, alias John Anderson, with the intent aforesaid, in and upon the head of him, the said William Wallace Saunders, sometimes called William Saunders (and in and upon other parts of the body of him, the said William Wallace Saunders, sometimes called William Saunders, to the said jurors unknown), several grievous, dangerous and mortal wounds: and the said John Ander- sen, alias John Anderson, did then and there, to-wit: At the time and place last above mentioned, him, the said William Wallace Saunders, sometimes called William Saunders, piratically, feloniously, wilfully and of his mal- ice aforethought, cast and throw from out of the said vessel into the sea, and plunge, sink, and drown him, the said William Wallace Saunders, sometimes called Wil- liam Saunders, in the sea aforesaid, of which said mortal wounds, casting, throwing, plunging, sinking, and drown- ing the said William Wallace Saunders, sometimes called William Saunders, in and upon the high seas aforesaid, out of the jurisdiction of any particular state of the United States of America, then and there instantly died. And the grand jurors aforesaid, upon their oath afore- said, do say that by reason of the casting and throwing of the said William Wallace Saunders, sometimes called William Saunders, in the sea as aforesaid, they can not describe the said mortal wounds with greater particu- larity. And so the jurors aforesaid [concluding as in Form No. 1226]. INCEST—BETWEEN PARENT AND CHILD. 1017 XXNVIT. INCEST. 1. BETWEEN PARENT AND CHILD. a. In General. ALABAMA, (Crim. Code, 1896, § 4889.) Form No. 1228, (Precedent from Baker v. State, 30 Ala. 521.) [Follow Form No. 10 to the *, and add:] William Baker, being then and there the father of one Elizabeth Baker, and within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, and then and there knowing the said Elizabeth Baker to be his daughter, did then and there live with the said Elizabeth Baker in a state of adultery, against the peace and dignity of the State of Alabama. [Signa- ture as in Form No. 10.] b. Stepchild and Step-Parent. INDIANA. (2 G. & H. Stats., p. 452, § 45; compare Acts 1897, ch. 121.) Form No. 1229. (Precedent from Baumer v. State, 49 Ind. 545, 19 Am. Rep. 691, 1 Am. Cr. Rep. 354.) [Follow Form No. 24 to the *, and add:] that Arthur Baumer, late of said county, at said county, on the ...... day of ........ , A. D.19.., did then and there unlawfully’ have sexual intercourse with his stepmother, Augustai Baumer, then and there knowing the said Augusta Bau- mer to be his stepmother and she the said Augusta Bau- mer, then and there knowing the said Arthur Baumer to be her stepson; they the said Arthur Baumer and Augusta Baumer then and there knowing that they were related to each other as stepmother and stepson, contrary 1018 SPECIFIC CRIMES. to the form of the statute in such case made and provided and against the peace and dignity of the State of In- diana. [Signature as in Form No. 24.] 2. BETWEEN COUSINS. ARKANSAS, (Sand. & H. Dig., 1894, § 4908.) Form No. 1230. (Precedent from State v. Fritts, 48 Ark. 68.) [Follow Form No. 12 to the *, and add:] James Fritts of the crime of incest, committed as follows, viz.: the said James Fritts and Mattie Phillips, in the said county of Carroll, on the ........ Gay OF sage ses ,19.., unlawfully, wickedly, feloniously, and incestuously, did cohabit, fornicate, and each other then and there criminally and carnally know, he, the said James Fritts, then and there being an unmarried man, and she, the said Mattie Phil- lips, an unmarried woman and they, the said James Fritts, and Mattie Phillips then and there being first cousins, and the said James Fritts and the said Mattie Phillips, not then and there being legally married, con- trary to [continuing and concluding as in Form No. 12]. Form No. 1231. (Precedent from Nations v. State, 64 Ark. 467.) [Commence as in Form No. 1230, and add:] did unlaw- fully, feloniously and incestuously commit adultery with one Ella Branham, a single and unmarried female person, by then and there feloniously and incestuously having carnal knowledge of her, the said Ella Branham,—he, the said Will Nations, and she, the said Hla Branham, then and there being first cousins, and he, the said Will Na- tions, then and there being a married man,—against the peace and dignity of the state of Arkansas. [Signature as in Form No. 12.) INCEST—BETWEEN UNCLE AND NIECE. 1019 8. BETWEEN UNCLE AND NIECE. MICHIGAN, (How. Ann. Stats., 1882, § 9291.) Form No. 1232. [Commence as in Form No. 687, and add:] that Simon B. Jenness, late of the city of Detroit and the county aforesaid, heretofore, to-wit, on the ..... day of ....., 19.., at the city of Detroit, did commit fornication with Delia BE. Ashcroft, by then and there having carnal knowl- edge of the body of the said Delia E. Ashcroft, the said defendant and the said Delia E. Ashcroft being then and there within the degrees of consanguinity within which marriages are prohibited and declared by the laws of this state to be incestuous and void; the said Delia E. Ash- croft being the niece of the said defendant, and being the daughter of Martha Jane Ashcroft, who was the sis- ter of the defendant—contrary to the form of the statute [concluding as in Form No. 687]. MISSISSIPPI. (Ann. Code, 1892, § 955.) Form No. 1233. (Precedent from Newman v. State, 69 Miss. 393, 19 So. 580.) [Follow Form No. 35 to the *, and add:] that Josh Newman then and there being the uncle of the said Helen Newman, and she the said Helen Newman, then and there being the niece of the said Josh Newman, and the said Helen Newman being thereby within the degrees within which marriages are declared by law to be incestuous and void, did feloniously live and cohabit together, and were guilty of adultery and fornication, he, the said Josh Newman being a married man, and the said Helen New- man being an unmarried woman, did so feloniously live and cohabit together and have sexual intercourse with 1020 SPECIFIC CRIMES. each other, contrary to the form of the statute [conclud- ing as in Form No. 35]. NEBRASKA. (Comp. Stats., 1897, § 6867.) Form No, 1234, (Precedent from Yeoman v. State, 21 Neb. 172, 31 N. W. 669.) [Follow Form No. 39 to the *, and add:] that John Yeoman on the...... day Of o.¢s4. , 19.., in the county of Hamilton and state of Nebraska, being then and there an unmarried man, did then and there unlawfully, know- ingly, and feloniously commit fornication with one Amanda Yeoman, by then and there having sexual inter- course with the said Amanda Yeoman, the said Amanda Yeoman being then and there a niece of the said John Yeoman, as the said John Yeoman and the said Amanda Yeoman well knew, contrary [concluding as in Form No. 39]. OHIO. (Bates’s Ann. Stats., 1897, § 7019.) Form No, 1235. (Precedent from State v. Brown, 47 Ohio St. 102, 21 Am. St. Rep. 790, 23 N. B. 747.) [Follow Form No. 50 to the *, and add:] that Ben- jamin Robert: Brown, late of said county on the ........ “MAY OF ssae was , in the year of our Lord one thousand nine hundred and ....... , with force and arms, in said county of Lake and state of Ohio, being then and there an unmar- ried man, did commit fornication with Rose Cramer, by then and there unlawfully and feloniously having sexual intercourse with the said Rose Cramer, the said Ben- jamin Robert Brown being then and there the uncle of said Rose Cramer, and the said Rose Cramer being then and there the niece of the said Benjamin Robert Brown, and the said Benjemin Robert Brown and the said Rose INCEST-—ATTEMPT TO COMMIT. 1021 Cramer then and there having the knowledge of their re- lationship, contrary to the form of the statute in such case made and provided, and against the peace and dig- nity of the state of Ohio. The jurors of the grand jury of the state of Ohio, within and for the county of Lake, impaneled, sworn, and’ charged to inquire of crimes and offenses committed within said county of Lake, in the name and by the author- ity of the state of Ohio, on their oaths, do further find and present that Benjamin Robert Brown, late of the said county of Lake, on the ....... day of ......, in the year of our Lord one thousand nine hundred and ...... , with force and arms in said county of Lake and state of Ohio, being then and there a married man, did commit adul- tery with Rose Cramer, by then and there unlawfully and feloniously having sexual intercourse with said Rose Cra- mer, the said Rose Cramer being then and there the niece of the said Benjamin Robert Brown, and the said Ben- jamin Robert Brown and the said Rose Cramer being then and there persons nearer of kin by consanguinity than cousins, the said Benjamin Robert Brown and the said Rose Cramer then and there having knowledge of their relationship, contrary to the form of statute in such case made and provided, and against the peace and dig- nity of the state of Ohio. [Signature as in Form No. 50.] 4, ATTEMPT TO COMMIT. WASHINGTON. (Ballinger’s Ann. Codes & Stats., 1897, § 7229.) Form No. 1236. (Precedent from State v. McGilvery, 55 Pac, 115.) [Commence as in Form No, 381, and add:] Comes now John W. Mathews, prosecuting and county attorney for the county of Whitman, state of Washington, the court being in session, and the grand jury of said county not 1022 SPECIFIC CRIMES. being in session, and by this his information accuses Archie McGilvery of the crime of attempting to commit incest with one Carrie Barnett, committed as follows, to-wit: That the said Archie McGilvery and Carrie Bar- nett, in the county of Whitman, in the state of Washing- ton, on the ...... day OF x. cass , nineteen hundred and apvame , then and there being, did then and there wilfully, unlawfully, feloniously, and incestuously attempt to car- nally know each other, by then and there being in bed to- gether ; she, the said Carrie Barnett, then and there lying and being on her back, and he, the said Archie McGil- very, then and there lying and being.on top of her, the said Carrie Barnett; and they, the said Archie McGilvery and Carrie Barnett, while so lying and being, did then and there have their sexual organs placed together for the aforesaid purpose of carnally knowing each other; she, the said Carrie Barnett, then and there being the daughter of one Nancy E. McGilvery; she, the said Nancy McGilvery, then and there being the wife of him, the said Archie McGilvery; she, the said Carrie Barnett, then and there being the wife’s daughter of him, the said Archie McGilvery; the said Archie McGilvery then and there having knowledge of the relationship existing be- tween the said Archie Mc(tilvery and the said Carrie Barnett, the said Archie McGilvery and the said Carrie Barnett then and there being within the degrees of affinity in which marriages are prohibited by the laws of the state of Washington. [Concluding as in Form No. 381.] INDECENT ASSAULT—-UPON FEMALE. 1023 XXXVITI. INDECENT ASSAULT. 1. UPON A FEMALE. a. Over Fourteen. MINNESOTA. : (Stats., 1894, § 6534.) Form No. 1237. [Venue and Title as in Form No. 3338, and add:] John Doe is accused by the grand jury of the county of Ram- sey, by this indictment, of the crime of taking indecent liberties with the person of a female, not a public prosti- tute, and without her consent expressly given, committed as follows: The said John Doe, on the ...... day of soca , 19.., at the city of St. Paul, in this county, un- lawfully and feloniously took indecent liberties with the person of one Nancy Roe, a female, the said Nancy Roe not being a public prostitute, and without her consent expressly given, by then and there putting his hand under her clothes and upon her private parts, which said acts do not in law amount to a rape, an attempt to com- ‘mit a rape or an assault with an attempt to commit a rape. Dated at [concluding as in Form No. 838]. b. Under Fourteen. MICHIGAN. (How. Ann. Stats., Supp. 1890, § 9314b.) Form No. 1238. [Commence as in Form No. 687, and add:] and gives the court here to understand and be informed that here- tofore, to-wit, on the ...... day OF escwex , 19.., at the. village of Newaygo in said county, one John Doe, a male person over the age of fourteen years, did unlawfully and feloniously assault one Nancy Roe, a female child under the age of fourteen years, to-wit, of the age of 1024 SPECIFIC CRIMES. twelve years, and did then and there unlawfully and felo- niously take indecent and improper liberties with the person of said Nancy Roe without committing or intend- ing to commit the crime of rape upon said Nancy Roe, by then and there placing his hands under the clothes of the said Nancy Roe, and upon the private parts of her the said Nancy Roe, against the form of the statute [conclud- img as in Form No. 687]. 2. UPON A MALE. CONNECTICUT. (Laws, 1893, ch, 12.) Form No. 1239, [Follow Form No. 16 to the *, and add:] that John Doe, a male person, of Haddam in the county of Middle- sex, state of Connecticut, on the ...... day OL waicas 19.., at Haddam aforesaid, did unlawfully and feloni- ously commit an indecent assault upon one Richard Roe, a male person, by then and there attempting unlawfully, feloniously and carnally to know the said Richard Roe with the mouth of him the said John Doe, against the form of the statute in such case made and provided and against the peace. XXXIX. INDECENT EXPOSURE. 1. OF OFFENDER’S OWN PERSON. a. In General. INDIANA, (Horner’s Stats., 1896, § 1995.) Form No. 1240, (Precedent from Ardery v. State, 56 Ind. 328.) [Venue.] Andrew J. Galbraith swears, that, on or about the ...... day of s..... , 19.., at the county of INDECENT EXPOSURE—OF OWN PERSON. 1025 Bartholomew, State of Indiana, one Henry Ardery did then and there, in a public place, make an indecent expos- ure of his person, by then and there making an uncov- ered exhibition of his privates, in presence of divers per- sons then and there assembled, contrary to the form of the statute in such case made and provided, as affiant is informed and verily believes. Andrew J. Galbraith. Subscribed and sworn to before me on this ...... day OL emcaars gue § ogisemiiarduecumtecunemgasal ; Justice of the Peace. (Seal.) Form No. 1241. (Precedent from Lorimer v. State, 76 Ind. 495.) [Venue and Title as in Form No. 24.] Thomas A. Hen- dricks, prosecuting attorney, of the ninth Judicial Cir- cuit, of the State of Indiana, who prosecutes the pleas of said State within the County of Brown, in the State aforesaid, now here gives the Court to understand and be informed that on the ...... day of ...... ,19.., at Nash- ville, in Brown County, Indiana, one Dow Lorimer, who was then and there over the age of fourteen years, did then-and there make an uncovered and indecent exposure of his person, to-wit, his private parts, in a public place, to-wit, at the blacksmith shop occupied by James Mur- phy, in Nashville, Brown County, Indiana; that the said shop was then and there a public place, and said unlaw- ful, uncovered and indecent exposure of the person of said Dow Lorimer was made in said public place, to-wit, said blacksmith shop mentioned aforesaid, in the pres- ence of divers persons then and there assembled, con- trary to the form of the statute in such case made and: provided, and against the peace and dignity of the State of Indiana. (rei acnks Miewee wa ew en , Prosecuting Attorney. Crim. Proc. Forms—C3 1026 SPECIFIC CRIMES. MASSACHUSETTS. Form No. 1242. (Precedent from Com. v. Haynes, 68 Mass., 2 Gray 72, 61 Am, Dec. 437.) [Follow Form No. 31 to the *, and add:] that Horace Haynes, late of Sherborn, in the county of Middlesex, de- vising and intending the morals of the people of this commonwealth to debauch and corrupt, on the...... day Ot teasee , 19.., at Sherborn, in a certain public building there situate, in presence of divers citizens of said com- monwealth then and there being, and within sight and view of the said citizens in and about said public build- ing then and there passing and repassing, unlawfully, scandalously and wantonly did expose to the view of said persons present and so passing and repassing as afore- said the body and person of him, the said Horace Haynes, naked and uncovered, for the space of one hour, to the manifest corruption of public morals and manners, and against the peace of said commonwealth, and the forin of the statute in such case made and provided. Sees eaReee eee eee , District Attorney. MISSOURI. Form No. 1243. (Precedent from State v. Gardner, 28 Mo. 90.) [Follow Form No. 36 to the *, and add:] that John Gardner of Bolivar on the ....... Gay OL ae oeias pfs 19.., at Bolivar, in the county of Polk aforesaid was then _and there guilty of an open and notorious act of public indecency, grossly scandalous, by then and there exhib- iting and exposing his private parts in presence of a male and female, at the county of Polk aforesaid, con- trary to the form of the statutes in such case made and provided, and against the peace and dignity of the state. ee eee , Prosecuting Attorney. pub eee, as ai as: INDECENT EXPOSURE—WHILE BATHING. 1027 b. While Bathing. AT COMMON LAW. Form No. 1244. [Commence as in Form No. 1114, and add:] that John Doe, the younger, late of Brighton, in the county of Sus- sex, tailor, being a person of a wicked, depraved, and abandoned mind and disposition, and wholly lost to a due sense of decency and morality, and intending as much as in him lay to vitiate and corrupt the morals of his majesty’s liege subjects, on the ..... day ot... ; 19.., with force and arms, at Brighton aforesaid, unlaw- fully, wickedly, deliberately, and wilfully, did expose and exhibit himself naked, and in an indecent posture and situation near to, and in front of divers houses of the liege subjects of our said lord the king, situate at Brighton aforesaid and also near to a certain public, and common king’s highway, there and also in the presence of divers liege subjects of our lord the king, both male and female, with intent to vitiate and corrupt the morals of his majesty’s liege subjects, to the great scandal and sub- version of decency, religion and good order, to the great corruption of the morals and manners of his majesty’s liege subjects, to the evil example of others in the like manner offending, and against the peace of our sovereign lord the king, his crown and dignity. And the jurors aforesaid, upon their oath aforesaid, do further present that the said John Doe, being a person of such wicked, depraved, and abandoned mind and disposition, as afore- said, and intending, as aforesaid, afterward, to-wit, on THC) scinerwresre WAY OL cawiouste , 19.., aforesaid, with force and arms, at Brighton aforesaid, unlawfully, wickedly, deliberately, and wilfully did expose himself naked, to divers of his majesty’s liege subjects, to the great scan- dal and subversion of religion and good order, to the great corruption of the morals and manners of his 1023 SPECIFIC CRIMES. majesty’s liege subjects, to the evil example of others in the like manner offending, and against the peace of our sovereign lord the king, his crown and dignity. _ 2. INDECENT EXHIBITION OF OTHERS, AND SOLICITING SPECTATORS FOR. AT COMMON LAW. Form No. 1245. (Precedent from Reg. v. Saunders, 1 Q. B. Div. 15, 15 Moak Eng. Rep. 151.) [Follow Form No. 1114 to the t, and add:] that John Saunders and George Hitchcock, being scandalous and evil disposed persons, and devising, contriving and in- tending the morals as well of youth as of divers other liege subjects of our said Lady the Queen, to debauch and corrupt, and to raise and create in their minds inor- dinate and lustful desires, on the ...... Cay OF ixdas , in the year of our Lord 19.., at the parish of Epsom, in the county of Surrey, unlawfully, wickedly and scandalously did keep and maintain a certain booth, tent and shed for the purpose of exhibiting and showing to the sight and view of any person or persons willing and desirous of seeing the same, and paying for their admission into the said booth, tent, and shed, divers lewd, wicked, scan- dalous, infamous, bawdy, and obscene performances, rep- resentations, practices, and figures, and in the said booth, tent, and shed, on the said ........ GaP Ol seseyas in the year aforesaid, at the parish aforesaid, in the county aforesaid, unlawfully, wickedly, and scandalously, for lucre and gain, did exhibit and show the said perform- ances, practices, representations, and figures, and cause and permit the same to be exhibited and shown to the sight and view of divers and very many liege subjects of our said Lady the Queen, to the manifest corruption of the morals as well of youth as of other liege subjects of INDECENT EXPOSURE—OF ANOTHER. 1029 our said Lady the Queen, in contempt of our said Lady. the Queen and her laws, to the evil example of all others in like case offending, and against the peace of our Lady the Queen, her Crown and dignity. Second Count.—And the jurors aforesaid, upon their oath aforesaid, do further present that the said John Saunders and George Hitchcock, being scandalous and evil disposed persons, and devising, contriving and in- tending the morals as well of youth as of divers other liege subjects of our Lady the Queen, to debauch and corrupt, and to raise and create in their minds inor- dinate and lustful desires, on the said ..... Qa OF ov iecs in the year aforesaid, at the parish aforesaid, in the county aforesaid, in a certain booth, tent, and shed there situate, did unlawfully, wickedly and scandalously exhibit, show, and cause to be exhibited and shown, for lucre and gain, to and in the view of divers and very many liege subjects of our Lady the Queen, divers lewd, wicked, scandalous, bawdy, and obscene performances, representations, practices, and figures, to the manifest corruption of the morals as well of youth as of other liege subjects of our Lady the Queen, in contempt of our said Lady the Queen and her laws, to the evil example of all others in like case offending, and against the peace of our Lady the Queen, her Crown and dignity. Third Count.—And the jurors aforesaid, upon their oath aforesaid, do further present that the said John Saunders and George Hitchcock, being scandalous and evil disposed .persons, and. devising, contriving, and in- tending the morals as well of youth as of divers other liege subjects of our said Lady the Queen, to debauch and corrupt, and to raise and create in their minds in- ordinate and lustful desires, on the ...... day of ...... : in the year of our Lord :19.., in a certain public place, to-wit, Epsom Downs, situate in the parish of Epsom aforesaid, in the county of Surrey aforesaid, unlawfully, wickedly and scandalously did exhibit and show, and 1030 SPECIFIC CRIMES. cause and permit to be exhibited and shown, for lucre and gain, to the sight and view of divers liege subjects of our Lady the Queen, in the said public place as afore- said, there being, divers indecent, lewd, filthy, bawdy, and obscene representations, practices and performances, to-wit [describing the exhibition], to the manifest cor- ruption ‘of the morals as well of youth as of other liege subjects of our said Lady the Queen, in contempt of our said Lady the Queen and her laws, to the evil example of all others in like case offending, and against the peace of our Lady the Queen, her Crown and dignity. XL. INTOXICATING LIQUORS. 1. ADULTERATING. ILLINOIS. (Starr & C. Ann. Stats, 1896, ch. 38, par. 33.) Form No. 1246. [Follow Form No. 23 to the *, and add:] that John Doe, on the ...... day of ...... in the year of our Lord one thousand nine hundred and ..... , at the city of ..... in said county, did adulterate, for the purpose of sale, a certain quantity of a certain liquor, to-wit, ten gallons of whiskey, then and there intended for drink, with cer- tain substances, to-wit, capsicum and laurel-water, which said substances were then and there poisonous and in- jurious to health, contrary to [continuing and concluding as im Form No. 23). INTOXICATING LIQUORS—-FEMALE TO SELL. 1031 2. EMPLOYING FEMALE TO SELL. MISSOURI. (Rev. Stats., 1889, § 3806.) Form No. 1247. [Follow Form No. 36 to the *, and add:] that John Doe, late of the county of ...... in the state of Missouri aforesaid, on the ...... day of ....3. , in the year of our Lord one thousand nine hundred and ...... , at and in the county of ...... in the state of Missouri aforesaid, being then and there the owner (or proprietor or keeper) of a certain dramshop (or saloon, or other place, as the case may be, where spirituous, malt and vinous liquors were and for a long time prior thereto had been sold at retail, did unlawfully employ (or suffer to be employed) one Rachel Roe, a certain female person other than the wife, daughter, mother or sister of him, the. said John Doe, as a servant (or bartender or waitress or dancer or singer, as the case may be) in said dramshop (or sa- loon, or other place, as the case may be), where said spirituous, malt and vinous liquors were sold at retail as aforesaid, contrary to [continuing and concluding as in Form No. 36]. 3. EMPLOYING MINOR TO SELL. ALABAMA. (Crim. Code, 1896, § 5080.) Form No. 1248. [Follow Form No. 10 to the *, and add:] John Doe, who then and there kept vinous, spirituous and malt liquors for sale, did then and there knowingly and un- lawfully employ one Samuel Short, a minor under the age of twenty-one years, to-wit, of the age of fourteen years, to sell said vinous, spirituous and malt liquors, against the [continuing and concluding as in Form No. 10]. 1032 SPECIFIC CRIMES. 4, KEEPING DRINKING OR TIPPLING-HOUSE. a. In Violation of City Ordinance. SOUTH DAKOTA, Form No. 1249. (Precedent from City of Yankton v. Douglass, 8 S. D. 440, 66 N. W. 923.) [Venue and Title.] August Seibert, being by me duly sworn, on oath complains and charges that the defendant, Thomas Douglass, at the said city and county of Yank- ton, on the ...... day of ......, A. D. 19.., with force and arms then and there did keep and maintain a tip- pling shop, a place where intoxicating liquors were sold to be used as a beverage, within the limits of the city of Yankton, state of South Dakota, against the peace and dignity of the said city of Yankton, and contrary to the form of the ordinance in such case made and provided; and prays that the said Thomas Douglass may be ar- rested and dealt with according to law. August Seibert. Sworn and subscribed before me this ......... day of M. Curtis, J. P. b. Without License. CONNECTICUT. (Gen. Stats., 1888, § 3088.) Form No. 1250. To Abraham Kent, Esquire, of the town of Cromwell, in the county of Middlesex, justice of the peace within and for said county: Comes J. C. Knudson, a prosecuting agent for said county of Middlesex, residing in said county, being there- unto duly appointed and qualified, and on his oath of office presents, complains and informs :* INTOXICATING LIQUORS—DRINKING, ETC., HOUSE. 1033 Phat, Of. thé «ss Ae D, 19.., at and within the county of ...... and State of Illinois, and without him, the said Baltis Myers, having first ob- tained a license to keep a grocery, a certain quantity of intoxicating liquor did sell, to be drunk in, upon and 1120 SPECIFIC CRIMES. about the building or premises where sold, contrary to [continuing and concluding as in Form No. 23]. INDIANA, (Rev. Stats., 1881, § 5320.) Form No. 1397. (Precedent from Wood v. State, 9 Ind. App. 43, 36 N. E. 158.) [Follow Form No. 1383 to the +, and add:] unlawfully sell to Isaac Dwezey, one quart of intoxicating liquor at and for the price of twenty cents, to be drunk and suf- fered to be drunk in the house, out-house, room and hall- way appurtenant to said house of the said Henry Hall and Frank Wood, they, the said Henry Hall and Frank Wood, not then and there having a license in force at the time, according to law, allowing and permitting them to sell intoxicating liquor to be drunk, and suffered to be drunk on, the premises where sold contrary to [continu- ing and concluding as in Form No. 24}. Form No. 1398, (Precedent from State v. Bunnell, 81 Ind. 315.) [Venue.] Peter Hemmer, being duly sworn, on his oath says that Thomas J. Bunnell, on the ...... Gay OL wwscan 19.., at the county of White and State of Indiana, did unlawfully sell to one Peter Hemmer, intoxicating liquors, to-wit, one quart of intoxicating liquors, at and for the price of twenty cents, to be drunk and suffered to be drunk in the house and appurtenauces thereto belonging to him, the said Thomas J. Bunnell, he, the said Thomas J. Bunnell, not then and there having a license to sell intoxicating liquor to be drunk or suffered to be drunk in his said house, or the appurtenances thereto belonging, according to the laws of the state then in force, contrary to the form of the statute in such cases made and pro- LIQUORS—SELLING TO BE DRUNK ELSEWHERE. 1121 vided, and against the peace and dignity of the State of Indiana. Peter Hemmer. Subscribed and sworn to before me on this ...... day OF seme g 10s: M. Curtis, Justice. (Seal) (iv.) Not to Be Drunk on Premises, MASSACHUSETTS. Form No. 1399, Commonwealth of Massachusetts. To the Justice of the Police Court of Lowell, in the Dis- trict of Lowell, in the County of Middlesex. Albert Pinder of Lowell, in said county, in behalf of the commonwealth of Massachusetts, on oath, complains that John T. Donahoe of Lowell aforesaid, on the ...... CQ OE sents , In the year of our Lord one thousand nine hundred and ...... , at Lowell aforesaid, unlawfully did sell intoxicating liquors to one Margaret Baxter, not to be drunk on the premises of said Donahoe, and said intoxicating liquors were not then and there drunk on the premises of him, said Donahoe, by her, said Baxter, but were then and there carried away from said prem- ises, he, said Donahoe, not having then and there any license, appointment or authority according to law to make such sale of said intoxicating liquor sold as afore- said not to be drunk on the said premises; against the peace of said commonwealth, and contrary to the form of the statute in such case made and provided. Albert Pinder. Middlesex, ss. Received and sworn to, the ...... day OL sewisaes , in the year of our Lord one thousand nine hundred and ...... , before said court. Bee SoRewoad Reksenes » Clerk Crim. Proc. Forms—71 1122 SPECIFIC CRIMES. l. Without Payment of Taa. MICHIGAN. (Laws, 1887, No. 313.) Form No. 1400. (Precedent from People v. Aldrich, 104 Mich. 456, 62 N. W. 570.) [Follow Form No. 1321 to the t, and add:] onthe ..... day of ...... , A. D. 19.., at the township of Wayland, and in the county of Allegan aforesaid, Ellis Aldrich, late of said township of Wayland, in said county, was then and there a person whose business consisted of the sale of intoxicating liquors at retail, and was then and there engaged in, and did then and there unlawfully engage in, the business of selling and offering for sale intoxi- cating liquors at retail as a beverage, and did then and there sell, to-wit, two drinks of liquor, to-wit, whiskey, to Lynn E. White and Roy B. Summers and divers other persons, the same not being proprietary patent medicines, and without having first paid in full the tax required by Act No. 313 of the Public Acts of 1887, and without hav- ing the receipt and notice for such tax posted up in the place where such liquors were kept for sale, as required by said act; he, the said Ellis Aldrich, not being then and there a druggist, and said liquor not being then and there sold for chemical, scientific, mechanical, medicinal, or sacramental purposes, contrary to [continuing and concluding as in Form No. 22]. NEW YORK. (Birds. Rev. Stats., 1896, p. 1903, §§ 1 et seq.) Form No. 1401. [Follow Form No. 46 to the *, and add:| That, on the .... day of ....,19.., at the city of Utica, in said county and state aforesaid, the said Alexander Schmidt and Eva Schmidt wilfully and maliciously, wrongfully and unlaw- LIQUORS—-SELLING WITHOUT PAYING TAX. 1123 fully did sell, and cause to be sold, distilled, rectified, spirituous, fermented and malt liquors, ale, beer and wine, in less quantities than five gallons at a time, by retail, to be drunk on the premises, to William Yates, Hannah Calahan, and to divers other persons whose names are to the grand jury unknown, and then and there did deliver, and cause to be delivered, in pursuance of said sale, to the said William Yates, Hannah Calahan, and to divers other persons whose names to the grand jury are unknown, said liquors, wines, ale and beer, to-wit, one gill of wine, one gill of brandy, one gill of rum, one gill of gin, one gill of whiskey, one gill of cordial, one gill of bitters, one gill of ale, one gill of porter, one gill of beer, one gill of lager beer, and one gill of certain strong, spirituous and fermented liquor to the grand jury aforesaid unknown, without having paid excise taxes upon the business of trafficking in liquors, and without having a liquor tax certificate therefor, and not being authorized thereto by law. [Signature and indorsements as im Form No. 46.] FEDERAL. (18 Stats. at L., 1875, ch. 36, § 16.) Form No. 1402. (Precedent from Ledbetter v. United States, 170 U.S. 607, 42 L, Ed. 1162, 18 Sup. Ct. Rep. 774.) [Venue and statement according to the particular juris- diction, and add:] The grand jurors of the United States of America duly empanelled, sworn and charged to in- quire in and for the body of said Southern District of Towa, at a term of the United States District Court begun and held at Keokuk, in said district, on the ...... day of | ......, A. D. 19.., in the name and by the authority of the United States of America, upon their oaths do find and present that Lewis Ledbetter, late of said district, heretofore, to-wit, on the ...... day Ol soaueey Hs: D, 1124 SPECIFIC CRIMES. 19.., in the county of Appanoose, in the Southern Dis- trict of Iowa, and within the jurisdiction of this court, did then and there wilfully, unlawfully and feloniously carry on the business of a retail liquor dealer without having paid the special tax therefor, as required by law, contrary to the form of the statutes of the United States in such case made and provided, and against their peace and dignity. Mec ewiceeeseneies ; United States District Attorney for ...... (Indorsements.) m. Without Permit. KANSAS. (Gen. Stats., 1897, ch. 101, §§ 31 et seq.) Form No, 1403. (Precedent from State v. Brannon, 6 Kan. App. 767, 50 Pac. 986.) Venue and Title.] State of Kansas,...... county, ss. A. Cash, attorney of ...... county in the state of Kan- sas, In the name and by the authority and on behalf of the state of Kansas, in his own proper person comes now here into court and gives the court to be informed and understand ¢ that one Michael Brannan, ‘at the county of Kingman in the state of Kansas aforesaid, and within the jurisdiction of this court,* on the ..... day Of w 200+ 19.., in a certain one story frame buildivg situated and standing on the following described real estate in said county of Kingman and state of Kansas, to-wit [describ- ing the real estate], without having procured from the probate judge of said county any permit to sell any intoxi- cating liquors, did then and there unlawfully sell and barter spirituous, vinous, fermented and other intoxicat- ing liquors for other than excepted purposes, to-wit, medical, scientific, and mechanical purposes, contrary to [continuing and concluding as in Form No. 26]. INTOXICATING LIQUORS—SELLING WITHOUT PERMIT.. 1125 Form No. 1404. (Precedent from State v. Whisner, 35 Kan. 273, 10 Pac. 852.) [Follow Form No. 1403 to the +, and add:] Whereas, upon a certain inquiry by and before me, lately instituted and carried on at the city of La Cygne, in said Linn county, in the state of Kansas, into and concerning cer- tain violations of an act of the legislature of the state of Kansas, entitled ‘‘An act amendatory and supplemental to chapter 128 ofthe Session Laws of 1881, being an act entitled An act to prohibit the manufacture and sale of intoxicating liquors, except for medical, scientific and mechanical purposes, and to regulate the manufacture and sale thereof for such excepted purposes,’’ approved March 7, 1885, and of the act to which said act is amenda- tory and supplemental, to me theretofore duly alleged and notified, the testimony of certain witnesses, to-wit, John L. Beckman, John R. Gaines, Gala J. Goss, William L. Michael, Elmer E. Deel, then and there attending, ap- pearing and deposing before me, in obedience to my cer- tain subpena so commanding, theretofore duly issued and served, each of said witnesses having been by me first duly sworn to testify the truth, the whole truth and nothing but the truth, and true answers make to all ques- tions which by me might be propounded touching any vio- lations of the provisions of said acts, or of either of them, and which testimony was then and there reduced to writ- ing, and signed by said witnesses respectively, and is now filed herewith, did and does disclose that one Robert Whisner had committed, at said Linn county, in the state of Kansas, the several certain offenses hereinafter spe- cifically and formally charged as the same are hereinafter charged; and did have and has in his possession at the place hereinafter charged and described, the property hereinafter described and then and there kept and used © and keeps and uses the same for the unlawful purposes hereinafter charged: 1126 —- SPECIFIC CRIMES. Now, therefore, I, Selwyn Douglas, county attorney of Linn county, in the state of Kansas, in the name and by the authority of the state of Kansas, come now here and give the court to understand and be informed that Robert Whisner, at the county of Linn, in the state of Kansas, on the ...... day-O8 sr053 , 19.., without having pro- cured from the probate judge of said county any permit to sell intoxicating liquors, did then and there unlawfully sell and barter spirituous, malt, vinous, fermented and other intoxicating liquors contrary to the form of the statute in such case made and provided and against the peace and dignity of the state of Kansas. Wherefore, I, Selwyn Douglas, county attorney as aforesaid, in the name and by the authority of the state of Kansas, do pray that a warrant may issue for the arrest of the said Robert Whisner; and that such other and further proceedings may be had as in such cases pro- vided by law. Selwyn Douglas. County Attorney of Linn County, Kansas. State of Kansas, Linn County, ss—Selwyn Douglas, county attorney of said Linn County, being by me first duly sworn, deposes and says that the foregoing infor- mation subscribed by him is true, according to the best of his information and belief; and he further says that no permit has ever been issued to said defendant, Robert Whisner, by the probate judge of said county to sell intox- icating liquors. Selwyn Douglas. Subscribed and sworn to before me, on the ...... day GE soured 5 192 (Seal) W. A. C. Kerman, Clerk District Court, Linn Co., Kansas. INTOXICATING LIQUORS—SALE WITHOUT POSTING, ETC. 1127 Form No. 1405. (Precedent from State v. Rohrer, 34 Kan. 427, 8 Pac. 718.) [Follow Form No. 1403 to the +, and add:] in the south portion of a certain connected row of frame buildings fronting east on Spruce street, between North Second street and North Third street, in the city of Abilene, in said county of Dickinson and state of Kansas, then and there being, did then and there unlawfully sell, barter and give away spirituous, malt, vinous, fermented and other intoxicating liquors, without taking out and having any permit to sell intoxicating liquors, and contrary to [continuing and concluding as in Form No. 26]. n. Without Posting Up Certificate. NEW YORK. (Laws, 1896, ch. 112.) Form No. 1406, [Follow Form No. 1254 to the +, and add:] did then and there sell, offer and expose for sale, and give away, cause, suffer and permit to be sold, offered and exposed for sale and given away, under his direction and authority, strong and spirituous liquors, wines, ales and beer, being intoxi- cating liquors, in quantities less than five gallons at a time, to be drunk in the house or premises aforesaid, with- out having duly obtained and posted the liquor-tax cer- tificate therefor, as provided by chapter 112 of the laws of 1896. Wherefore [continuing and concluding as in Form No. 1254]. 1128 SPECIFIC CRIMES. SOUTH DAKOTA. (Laws, 1897, ch. 72.) Form No. 1407. (Precedent from State v. Williams, 11 S. D. 64, 75 N. W. 815.) [Venue and Title.] the state’s attorney within and for the county 0f 2.2.0 within the ...... judicial circuit for the state of South Dakota, as informant, in the name and by the authority of the state of South Dakota upon his oath presents and charges * that, on the ...... day ee , A. D. 19.., at the city of Woonsocket, in the county and state aforesaid, Mark Williams, late of said city, in said county and state, was then and there a per- son whose business consisted of the sale of intoxicating liquors at retail by the drink, and was then and there engaged in and did then and there unlawfully engage in the business of selling intoxicating liquors at retail by the drink, and did then and there sell and deliver, to-wit, two gills of liquor, the same being less than five gallons, to-wit, whiskey, the same not being proprietary patent medicines, and without having first paid in full the license required by Chapter Number 72 of the Public Acts of A. D. 1897, State of South Dakota, and without having the receipt and notice for such license posted up in the place where such liquors were kept as required by said act,—he, the said Mark Williams, not being then and there a registered pharmacist, and said liquor not being then and there sold for chemical, scientific, medicinal, mechanical or sacramental purposes,—contrary to the statute in such cases made and provided, and against the peace and dignity of the state of South Dakota. Mbstasaareeesastnees : State’s attorney for the county of ...... , south Dakota. (Indorsements) INTOXICATING LIQUORS—UNLAWFUL TRANSPORTATION. 1129 0. Without Taking Prescribed Oath. GEORGIA; (3 Code, 1895, § 444.) Form No. 1408, [Follow Form No. 1382 to the +, and add:] with force and arms and unlawfully did sell then and there whiskey, _ brandy, rum, gin and other spirituous liquors, without the license, and taking the oath prescribed in the code of said state, contrary to [continuing and concluding as in Form No. 41]. 15. UNLAWFULLY TRANSPORTING. eee nena Form No. 1409. Essex, ss. To the Justice of the Second District Court of Essex, in the County of Essex, and Commonwealth of Mas- sachusetts: : Geo. W. Bullock, in behalf of the commonwealth of Massachusetts, on oath complains that Geo. W. Currier, of Amesbury, in said county, on the ...... dayof ...... in the year of our Lord nineteen hundred and ...... with force and arms at Amesbury, in said county, did then and there bring into the said town of Amesbury, said Amesbury being then and there a town in which licenses. of the first five classes for the sale or for the exposure or keeping for sale of spirituous or intoxicating liquors are not granted, certain spirituous and intoxicat- ing liquors, he, the said Geo. W. Currier, then and there having reasonable cause to believe that the same were intended to be sold in said Amesbury in violation of law, and that said spirituous liquors were not being trans- ported through said Amesbury to a place beyond, against 1130 SPECIFIC CRIMES. the peace of said commonwealth, and contrary to the form of the statutes in such cases made and provided. He, therefore, prays that said defendant may be ar- rested and brought before the said Second District Court of Essex, in said county, and held to answer to this com- plaint, and further dealt with, relative to the same, ac- cording to law. Geo. W. Bullock. Received and sworn to this ...... day OL ..2c0s , in the year of our Lord one thousand nine hundred and aimee , before said court. srcsaipecaiasdheseheeieansiaiy waeterccals , Justice. 16. VIOLATION OF LAW RELATING TO SCREENS, ETC. a. In General. MASSACHUSETTS. (Pub. Stats., 1882, ch. 100, § 12.) Form No. 1410. Commonwealth of Massachusetts. To the Justices of the Municipal Court of the Charles- town District, holden in said district in the city of Bos- ton, for the transaction of criminal business within ‘and for the county of Suffolk. Richard Roe, of Boston, in the county of Suffolk, dep- uty state constable, on behalf of the Commonwealth of Massachusetts, on oath complains that one John Cameron, of Boston, in the county of Suffolk, did on the ...... day OE isssetacees , in the year of our Lord one thousand nine hundred and ...... , at the city of Boston,* and within the judicial district of said court, was duly licensed, as required by the laws of said commonwealth, to sell spirituous and intoxicating liquor in certain premises, to-wit: the front room in the first story of the building situate and numbered one and two in Head place in said INTOXICATING LIQUORS—VIOLATING SCREEN LAWS, ETC, 1131 Boston, and within said judicial district, and that the said premises were then and there used by the said Cam- eron for the sale of spirituous and intoxicating liquor under the provisions of such license, and that the said Cameron did then and there place and maintain upon said premises, so used as aforesaid for the purpose aforesaid, a certain screen, blind, shutter, curtain, partition, painted window, ground-glass window, and stained-glass window, in such a way as to interfere with a view of the business conducted upon said premises, and with a view of the interior of said premises, against the peace of said commonwealth and the form of the statute made and provided. Richard Roe. Suffolk, ss. Received and sworn to the ...... day of oie as , in the year of our Lord one thousand nine hun- dred and ......, before said court. b. At Certain Hours. CONNECTICUT. (Laws, 1889, ch. 112.) Form No. 1411. [Follow Form No. 1250 to the *, and add:] That John Doe, of said town of Cromwell, a person duly licensed to sell spirituous and intoxicating liquors in the said town, with force and arms, did, between the hours of ...... o’clock of ...... meght, the .....- day Of sceess , A. D. 19 0 AO cawess o’clock of ...... morning next follow- ing, by a certain screen or other device, obstruct the view of the bar and the interior of said premises from the main entrance, and from the sidewalk and street adjacent thereto, against the [continuing and concluding as in Form No, 1250]. 1132 SPECIFIC CRIMES. c. On Election Day. MICHIGAN. (How. Ann. Stats., 1882, § 22834.) Form No. 1412. (Precedent from People v. Kennedy, 105 Mich. 77, 62 N. W. 1020.) [Follow Form No. 1321 to the *, and add:] was pro- prietor of and kept a saloon where intoxicating liquors were sold at retail in a room in the rear of the office of the Sherman House Hotel, on Hubbard street, in the village of Allegan; that on said last mentioned date, that being a day to-wit, an election day when, by the provisions of Act No. 313, Laws of 1887, said saloon was required to be closed, the curtains, screens, partitions, and other things that obstructed the view, from the sidewalk and street and alley in front of and at the side of the build- ing in which said saloon was, of the bar and place in said room where said liquors were sold and kept for sale, were not removed; but, on the contrary thereof, the said William Kennedy did then and there, as aforesaid, ob- struct the view from said sidewalk, street, and alley, in front of and at the side of the building in which said saloon and room were, by not removing said curtains, screens, partitions, and other things that then and there obstructed the view from the street, sidewalk, and allev in front of and at the side of the building in which said saloon was then situated; contrary [continuing and con- cluding as in Form No. 32]. d. On Holiday. INDIANA. (Horner’s Stats., 1896, §§ 5323c, 5323d.) Form No. 1413. (Precedent from Herron v. State, 17 Ind. App. 162, 46 N. E. 540.) [Venue.] William Royer, of lawful age, being duly sworn upon oath says, he is informed and believes that INTOXICATING LIQUORS—VIOLATING SCREEN LAWS, ETc. 11383 at and in the county of Montgomery, and state of Indiana, on. the 2.04% day OF 2.0... , 19.., one Thomas Herron, did then and there unlawfully erect, cause to be erected, and kept in position certain screens, blinds, and obstruc- tions, which said blinds, screens, and obstructions were placed by said Thomas Herron in a certain building and room kept, operated and controlled, by the said Thomas Herron, in which said room intoxicating liquors were Geld O08 vaueuh wenews , 19.., and are sold by virtue of a license issued under the laws of the state of Indiana, in less quantities than a quart at a time, to be drunk on said premises and in said room, that sales of intoxi- cating liquors are forbidden by the laws of the state of Indiana on said ...... DEY OL waeeis , and that said cur- tains, blinds and screens did then and there obstruct the entire view of said room so kept by the said Thomas Herron, from the highway upon which said room is situ- ated and from the people who passed upon said highway in front of and by said room so kept by the said Thomas Herron, contrary to the statutes in such cases made and provided and against the peace and dignity of the state of Indiana. William Royer. Subscribed and sworn to before me this ...... day OE oo rats gals A. Cash, Justice of the Peace. (Seal.) e. On Sunday. INDIANA. (Horner’s Stats., 1896, §§ 5323c, 5323d.) Form No. 1414. (Precedent from Mathis, 18 Ind. App. 608, 48 N. EH. 645.) [Follow Form No. 24 to the *, and add:] that, on the juuee day of ......,19.., at the county of Warren, and the state of Indiana, Samuel B. Mathis, being then and there the owner and proprietor of a room on the first 1134 SPECIFIC CRIMES. floor, situate on town lot number 19, in William Kent’s addition to the town of Williamsport, in said county and state; which said room was then and there located and fronted upon a certain public street, being then and there known as Monroe street, in which said room intoxicating liquors were then and there sold by the said Mathis under and by virtue of the laws of the United States, to be used and drunk as a beverage and to persons not then and there holding a prescription from a regular physi- cian, did then and there unlawfully maintain such room in such manner, that by screens, blinds, and obstructions, then and there unlawfully placed, arranged, erected, and maintained by said Mathis, in such manner as to and did prevent the entire view of the interior of said room from any and all points on said street, said day being the seadavenete day of the week, commonly called Sunday, con- trary to [continuing and concluding as in Form No. 24]. 17. ALLEGATION OF FORMER CONVICTION. MAINE, (Laws, 1887, ch. 140, § 5.) Form No. 1415. (Precedent from State v. Wyman, 80 Me. 117, 13 Atl. 47.) [Follow Form No. 29 to the *, and add:] that without any lawful authority, license or permission, did then and there sell a quantity of intoxicating liquors, to-wit, one pint of intoxicating liquors, to one Wilder S. Grant, against the peace of the state and contrary to the form of the statute in such case made and provided. And the jurors aforesaid, upon their oaths aforesaid, do further present, that the said Henry Wyman was duly convicted, by the Supreme Judicial Court, at a term thereof holden at Belfast, within and for the county of Waldo, on the ...... Toesday Of 1.00: 7 A. Do19, «5 OF INTOXICATING LIQUORS—FORMER CONVICTION. 1135 selling a quantity of intoxicating liquors. [Signatures as in Form No. 29.) VERMONT, (Stats., 1894, § 4533.) Form No. 1416. [Follow Form No. 68 to the end, and add:] And the jurors aforesaid, upon their oath aforesaid, do further present that, heretofore, to-wit, on the ...... day of oui , in the year of our Lord one, thousand nine hun- dred and ...... , at said Woodstock, in said county of Windsor, the said John Doe was convicted, by and be- fore Abraham Kent, a justice of the peace within and for the county of Windsor, of the crime of owning, keeping and possessing intoxicating liquor with the intent to sell, furnish and give away the same without authority,* contrary to [continuing and concluding as in Form No.. 63]. Form No. 1417. [In case of information, instead of closing as in Form No. 1416, after the *, add:] And the said M. Curtis, state’s attorney as aforesaid, on his oath of office aforesaid, further gives the court to understand and be informed that, heretofore, to-wit, on the seein ay OL cesses , A. D.19.., at said Woodstock, in said county of Windsor, the said John Doe was con- victed, by and before Abraham Kent, a justice of the peace within and for the county of Windsor, of the crime of owning, keeping and possessing intoxicating liquor with the intent to sell, furnish and give away the same without authority, contrary to [continuing and conclud- ing as in Form No. 63]. M. Curtis, State’s Attorney. 1136 SPECIFIC CRIMES. Form No, 1418. (Precedent from State v. Hodgson, 66 Vt. 136, 28 Atl. 1089.) [Follow Form No. 638 to the *, and add:] that Edward Hodgson, of Orwell, in the county of Addison and state of Vermont, on the ...... Cay OF wxeucie pte: Ws 1D. 2g at Orwell, in the county of Addison aforesaid, did, at divers times, sell, furnish and give away intoxicating liquor without authority, contrary to the statute in such case made and provided, and against the peace and dignity of the state. , And, the said state’s attorney, on his oath aforesaid, comes and gives said court further to understand and be informed that the said Edward Hodgson, prior to this time, to-wit, at the ...... term of the county court, held at Middlebury, in and for the county of Addison, on the ais (atireas ts Of ...-+., A, D, 19.., before and. by con- sideration of said court, was, as appears of record, con- victed of selling, furnishing, and giving away intoxicating liquor against the law in such case made and provided, contrary to [continuing and concluding as in Form No. 63]. XLI. KIDNAPPING. 1. IN GENERAL. a. With Certain Intent. 4. To Carry Away from Residence. . INDIANA. (Horner’s Stats., 1896, § 1915.) Form No. 1419. (Precedent from State v. Sutton, 116 Ind. 530, 8 Am. Cr. Rep. 452, 19 N. EB. 602.) — [Follow Form No. 24 to the *, and add:] that Auzley Sutton, on the ...... day Of sxssxs , 19.., at Dubois county, in the State of Indiana, did then and there felo- KIDNAPPING—IMPRISONING, SENDING OUT OF STATE. 1137 niously, forcibly and fraudulently arrest Joel R. King, with the felonious and fraudulent intention of carrying him, the said Joel R. King, forcibly and against his will, from his place of residence, said forcible and fraudulent arrest not being then and there made in pursuance of any law of this State or of the United States, contrary [continuing and concluding as in Form No. 24). u. To Imprison Within State. ALABAMA, (Crim. Code, 1896, § 4304; §4923, No. 56.) Form No. 1420. [Follow Form No. 10 to the *, and add:] John Doe unlawfully or forcibly inveigled, enticed, or confined Henry Roe, with intent to cause the said Henry Roe * to be imprisoned against his will, against the peace [con- cluding as in Form No. 10]. wi. To Send Out of State. ALABAMA. (Crim. Code, 1896, § 4304; § 4923, No. 56.) Form No. 1421, [Follow Form No. 1420 to the *, and add:] to be sent out of the state against his will, against the peace [con- cluding as in Form No. 10]. NEW YORE. (Cook’s Pen. Code, 1898, § 211, sub. 1.) Form No. 1422. (Precedent from People v. De Leon, 109 N. Y. 227, 4 Am. St. Rep. 444, 8 N. Y. Cr. Rep. 71, 16 N. EB. 46, affirming 47 Hun 308.) [Follow Form No. 1254 to the +, and add:] did feloni- ously and wilfully inveigle and kidnap one Sarah Bowes, Crim. Proc. Forms—72 1138 . SPECIFIC CRIMES. with intent to cause her, the said Sarah Bowes, without authority of law, to be taken out of the state, and to be kept and detained against her will. [Signature as m Form No. 46.] b. And Carrying Away from Residence. INDIANA. (Horner’s Stats., 1896, § 1915.) Form No. 1423. (Precedent from Wallace v. State, 147 Ind. 621, 47 N. E. 13.) [Follow Form No. 1383 to the +, and add:] did then and there, feloniously, knowingly, and fraudulently carry off and decoy and kidnap Arizona Wilson and Rosa Wil- son from their then place of residence in the city of In- dianapolis, Indiana, and carry the said Arizona Wilson and Rosa Wilson away from their then place of residence in the said city and county aforesaid, into the city of Evansville, Indiana, said acts not being, then and there, done in pursuance of the laws of the State of Indiana or of the United States, contrary [concluding as in Form No. 24]. 2. CHILD STEALING. a. In General. GEORGIA, (3 Ga. Code, 1895, § 110.) Form No. 1424. (Precedent from Dowda v. State, 74 Ga. 13.) [Follow Form No. 1382 to the +, and add:] did mali- ciously and fraudulently lead, take, carry away, decoy, entice away one Sarah Frances Ragsdale, she being a child under eighteen years of age, from her parents, J. C. Ragsdale and Minerva Ragsdale, against their wills and CHILD STEALING—INTENT TO CONCEAL FROM PARENTS. 1139 without their consent, contrary to the laws of said state [concluding as in Form No. 21]. Form No. 1425. (Precedent from Pruitt v. State, 102 Ga. 689, 29 S. E. 437.) [Follow Form No. 1382 to the +, and add:] did forcibly, maliciously, and fraudulently lead, take, and carry away, and decoy and entice away, one Mary Smith, a female child under the age of eighteen years, from her parents, Patrick Smith and Mary E. Smith, without the consent of her said parents [concluding as in Form No, 1424]. b. With Certain Intent. t. To Conceal Child from Parents. ALABAMA, (Crim. Code, 1896, § 4303; § 4923, No. 33.) Form No. 1426. [Follow Form No. 10 to the *, and add:] John Doe did take or decoy away Henry Roe, a child under twelve years of age, with intent to detain or conceal the said Henry Roe from his parents (or guardian) against the peace [concluding as in Form No. 10]. PENNSYLVANIA, Form No. 1427. (Precedent from Com. v. Westervelt, 11 Phila, 461, 32 Leg. Int. 346.) [Follow Form No. 55 to the charging part, and add:] that heretofore, to-wit, on the ...... day Of suc. ee the year of our Lord one thousand nine hundred and asses , at the county aforesaid, and within the jurisdic- tion of this court, with force and arms, etc., Charles Brewster Ross was then and there a minor child, under the age of six years; and he the said Charles Brewster Ross was then and there in a lawful charge, care, and 1140 SPECIFIC CRIMES. possession of his parents, Christian K. Ross and Sarah Ann Ross, she the said Sarah Ann Ross then and there being the lawfully wedded wife of the aforesaid Chris- tian K. Ross, and they the said Christian K. Ross and Sarah Ann Ross then and there lived and cohabited to- gether as husband and wife, as aforesaid; and he the said Charles Brewster Ross was then and there the law- ful child and issue of them the said Christian K. Ross and Sarah Ann Ross, his wife as aforesaid. And the grand inquest aforesaid, upon their oaths and affirmations aforesaid, do further present, that 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, afterwards, to-wit, on the ened day of ......, in the year aforesaid, at the county aforesaid, and within the jurisdiction of this court with force and arms, etc., unlawfully, fraudulently, wilfully, and maliciously, did decoy, entice, lead, take, and carry away the said Charles Brewster Ross, out of and from the lawful charge, care, and possession of the said Chris- tian K. Ross and Sarah Ann Ross, his wife as aforesaid, and him the said Charles Brewster Ross, from his par- ents did then and there unlawfully, fraudulently, wilfully, and maliciously conceal and detain, with intent thereby, then and there unlawfully, fraudulently, wilfully, and maliciously to deprive the said Christian K. Ross and Sarah Ann Ross of their lawful charge, care, and pos- session of the said Charles Brewster Ross as aforesaid, contrary to the form [concluding as in Form No. 55). KIDNAPPING—SHANGHAIING SAILOR. 1141 u. To Extort Money. NEW YORK. (Cook’s Pen. Code, 1898, § 211, sub. 2.) Form No. 1428. [Follow Form No. 1254 to the t, and add:] did unlaw- fully and feloniously lead, take, entice away and detain one Robert Roe, a child under the age of sixteen years, with intent to extort money from Samuel Roe, the father of said Robert Roe, for the return of said child. [Sig- nature as in Form No. 46.] 3. SHANGHAIING SAILOR. SOUTH CAROLINA. (Crim. Stats., 1898, § 181.) Form No. 1429. [Follow Form No. 1877 to the +, and add:] did unlaw- fully attempt by force to ship against his will one Samuel Short as a seaman on board the schooner ‘‘Three Broth- ers,’’ a vessel then lying in the port of Charleston, in this state, by then and there in and upon the body of the said Samuel Short, with force and arms, making an as- sault and him the said Samuel Short then and there beating, wounding and ill-treating, and then and there rendering the said Samuel Short unconscious, and while so unconscious him the said Samuel Short carrying on board the said schooner ‘‘Three Brothers’’ with the in- tent by said force to ship the said Samuel Short as a seaman on board said schooner ‘‘ Three Brothers,’’ which said vessel was then lying at the port of Charleston in this state, against the will of him the said Samuel Short, contrary to the form [concluding as in Form No. 57]. 1142 SPECIFIC CRIMES. XLIT. LARCENY. 1. IN GENERAL. ALABAMA, (Crim. Code, 1896, §§ 5049, 5050, p. 331.) Form No. 1430. [Follow Form No. 10 to the *, and add:] John Doe feloniously took and carried away a gold watch of the value of one hundred dollars and the personal property of Richard Roe, against the [continuing and concluding as in Form No. 10]. ARKANSAS. (Sand. & H. Dig., 1894, §§ 1698, 1699.) Form No. 1431, (Precedent from State v. Parker, 34 Ark. 159, 36 Am. Rep. 5.) [Follow Form No. 1364 to the +, and add:] That the said John Parker, on the ...... day OF owes pie De IB soy with force and arms, in the county aforesaid, etc., twenty- five cords of wood, of the value of $75, of the property of the Saint Louis, Iron Mountain and Southern Railway Company, then and there being found, feloniously did steal, take and carry away, contrary to the form of the statute in such case made and provided, against the [continuing and concluding as mm Form No. 12). COLORADO. (Mills’s Ann. Stats., 1891, §§ 1230 et sea.) Form No. 1432. (Precedent from Kollenberger v. People, 9 Colo. 233, 11 Pac. 101.) [Follow Form No. 15 to the *, and add:] William Kol- lenberger and Charles Huff, late of the county of Arapa- hoe aforesaid, on, to-wit, the ...... day Of. ceaxs , A. D. 19.., in the county of Arapahoe aforesaid, in the state of LARCENY—IN GENERAL, 1143 Colorado, two calves, of the value of $15 each, the same being living animals; and two other calves, of the value of $15 each; and three hundred pounds of veal, of the value of ten cents per pound; and two calf hides, of the value of $1 each, of the property, goods and chattels of one William A. Hamill, then and there being found, felo- niously did take, steal, lead, drive and carry away, with an intent to steal the same, contrary to [continuing and concluding as in Form No. 15]. DELAWARE. (Rev. Stats., 1893, p. 935, ch, 128, § 11.) Form No. 1433, [Follow Form No. 18 to the charging part, and add:] ‘take and carry away [give a particular description of the property stolen and the value of each article] of the goods and chattels of Richard Roe, then and there being found, then and there feloniously did steal, take and carry away, against the [continuing and concluding as Form No. 18]. DISTRICT OF COLUMBIA, (Comp. Stats., 1894, ch. 16, §§ 49, 59.) Form No. 1434. i i [Follow Form No. 19 to the charging part, and add:] ‘[give a particular description of the property stolen and the value of each article] of the goods, chattels and prop-: erty of one Richard Roe, then and there being, and in his possession found, feloniously did steal, take and carry away, against the [continuing and concluding as in Form No. 19]. 1144 SPECIFIC CRIMES. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, pars. 305, 306.) Form No. 1435. [Follow Form No. 1376 to the t, and add:] [specify the property stolen] the personal goods and property of Richard Roe, of the value of ninety dollars, then and there being found, did then and there feloniously steal, take and carry away, contrary to [concluding as in Form No. 23]. INDIANA. (Horner’s Stats., 1896, §§ 1933, 1934.) Form No. 1436. (Precedent from Hall v. State, 8 Ind. 440.) [Follow Form No. 24 to the *, and add:] that John Spencer and Simon Hall, on the ........ GHy OF sxxewsn : A. D.19.., at the county of Decatur, in the State of In- diana, did feloniously steal, take, lead, and drive away one strawberry-roan mare of the value of 120 dollars, and one dapple-gray horse of the value of 400 dollars, then and there being found, the personal chattels of William Myers, contrary to [continuing and concluding as in Form No. 24]. IOWA. (Code, 1897, § 4831.) Form No, 1437, (Precedent from State v. McIntire, 59 Iowa 267, 13 N. W. 286.) [Follow Form No. 25 to the *, and add:] That George Eply and Daniel McIntire, on the ...... day Of co. uy- sit the county of Henry, and the State of Iowa, aforesaid, from the possession of the Chicago, Burlington and Quincy Railroad Company, a corporation doing business under the laws of Iowa, ninety yards of sheeting of the LARCENY—IN GENERAL. 1145 value of ten dollars, one box of shoes of the value of fifty dollars, and three pairs of boots of the value of seven and fifty one-hundredths dollars, all of the value of sixty- seven and fifty one-hundredths dollars, the owner or owners of said chattels being to the jurors unknown, felo- niously did take, steal, and carry away, contrary to [con- tinuing and concluding as in Form No. 25]. KENTUCKY. (Stats., 1894, §§ 1194, 1243; Bullitt’s Crim. Code, 1895, p. 145.) Form No. 1438. [Follow Form No. 27 to the *, and add:] John Doe, of the crime of grand (or petty, as the case may be) larceny committed as follows, viz.: The said John Doe on the waleteur day of ...... in the year of our Lord one thousand nine hundred and ...... , in the county aforesaid, fraudu- lently (or fraudulently and feloniously) took and carried away a hog of less value than (or of the value of more than) four dollars (or an overcoat of less value than or of the value of more than twenty dollars), the property of Richard Roe (or, if the owner be unknown, of a per- son whose name is unknown to the grand jury) against the [continuing and concluding as in Form No. 47]. MAINE. (Rey. Stats., 1883, ch. 120, § 1.) Form No. 1439, (Precedent from State v. Leavitt, 66 Me. 440.) [Follow Form No. 29 to the *, and add:] that William W. Leavitt, of Auburn, in the county of Androscoggin, and state of Maine, laborer, on the ...... day Ol ..da0s : in the year of our Lord one thousand nine hundred and ieee , at Auburn aforesaid, in the county of Androscog- gin aforesaid, two oxen of the value of one hundred and eighty dollars, one horse of the value of one hundred dol- 1146 SPECIFIC CRIMES. lars, one certain riding wagon of the value of ninety dol- lars, and one harness of the value of twenty dollars, of the goods and chattels of one Charles P. Jordan, Jr., then and there being found, feloniously did steal, take and carry away, against the [continuing and concluding as in Form No. 29]. MASSACHUSETTS. (Stats., 1899, p. 426, ch. 409, § 2.) Form No. 1440. [Follow Form No. 31 to the *, and add:] that John Doe did steal one horse of the value of more (or less, as the case may be) than one hundred dollars, of the prop- erty of Richard Roe [continuing and concluding as in Form No. 81]. Form No. 1441. [Follow Form No. 31 to the *, and add:] that John Doe did steal six cows, each of the value of twenty dollars, of the property of Richard Roe [continuing and concluding as in Form No. 81]. MINNESOTA. (Stats., 1894, §§ 6709, 6717; § 7239, No. 15.) Form No. 1442. [Follow Form No. 1380 to the t, and add:] feloniously took and carried away one gold watch and one silver chain (or as the case may be), the personal property of Richard Roe (or of a person whose name is unknown to the grand jury), of the value of more than five hundred dollars [continuing and concluding as in Form No. 33]. LARCENY—IN GENERAL, 1147 MISSOURI. (Rev. Stats., 1889, § 3535.) Form No. 1443. (Precedent from State v. Sweeney, 56 Mo. App. 410.) [Venue and Title in Justice’s Court.|. John T. Stur- gis, prosecuting attorney of Newton county, in the state of Missouri, under his oath of office and on the affidavit of R. W. Biddlecomb, herewith filed, informs the court * that on or about the ........ day of ..... wy 195 a, 0b the county of Newton and state of Missouri, one Michael Sweeney did then and there one silk handkerchief of the value of fifty cents, and one scarf-pin of the value of $1, and one toothbrush of the value of fifteen cents, of the goods and personal property of said R. W. Biddlecomb then and there being, did unlawfully steal, take and carry away, against the peace and dignity of the state. John T. Sturgis, Prosecuting Attorney. NEW YORK. (Cook’s Pen. Code, 1898, §§ 528 et seq.) Form No. 1444. [Follow Form No. 46 to the charging part, and add:] certain carpets and rugs [describing them particularly}, of the value of more than twenty-five dollars, the goods, chattels and property of Richard Roe, then and there being found, unlawfully and feloniously did steal, take and carry away, contrary to the form of the statute in such case made and provided, against the peace of the people of the state of New York, and their dignity. [Sig- nature and indorsements as in Form No. 46.] 1148 SPECIFIC CRIMES, OREGON. (Hill’s Ann. Laws, 1892, § 1763, p. 1003, No. 11.) Form No. 1445. [Follow Form No. 58 to the *, ond add:] the said John Doe, on the .. «2+ Gav Ol scsues , A. D.19.., in the county OF scenes and state of Oregen, feloniously took and car- ried away a gold watch (or as the case may be), the per- sonal property of Richard Roe (or of a person whose name is unknown to the graud jury), of the value of more than thirty-five dollars, contrary to [continuing and con- cluding as in Form No. 53]. TENNESSEE, (Code, 1896, § 6542.) Form No, 1446, [Follow Form No. 59 to the charging part, and add: then and there feloniously did take, steal and carry away one gold watch, of the value of seventy-five dollars, of the goods and chattels of Richard Roe, with the intent to convert the said property to his own use and to deprive the true owner thereof, to the evil example of all others in like cases offending, contrary to [continuing and con- cluding as in Form No. 59}. TEXAS, (Pen. Code, 1895, art. 858.) Form No. 1447, [Follow Form No. 1385 to the t+, and add:] did then and there fraudulently take t one gold watch, of the value of ninety dollars, the same being the corporeal personal property of Richard Roe, from the possession of the said Richard Roe, without the consent of the said Richard Roe, with the intent to deprive the said Richard Roe of the value thereof, and with the intent to appropriate it to LARCENY—IN GENERAL, 1149 the use and benefit of him the said John Doe [continuing and concluding as in Form No. 60]. VIRGINIA. (Code, Supp. 1898, § 3707.) Form No. 1448. [Follow Form No. 64 to the *, and add:] that John Doe onthe...... day Of vewwes , in the year of our Lord one thousand nine hundred and ...... , in the said county did take ten bushels of wheat of the value of ten dollars, and one hundred pounds of tobacco, of the value of twenty dollars, of the goods and chattels of one William West, then and there being found, feloniously did steal, take and carry away, against the [continuing and con- cluding as in Form No. 64]. WEST VIRGINIA. (Code, 1891, ch. 145, § 14.) Form No, 1449. [Follow Form No. 67 to the charging part, and add:] one silver watch and chain of the value of twenty-six dol- lars, of the goods and chattels of one A. P. T. Wilson, then and there being found, feloniously did steal, take and carry away, against the peace and dignity of the State of West Virginia. Found upon the evidence of John Mann, A. P. T. Wil- son, Martin Pfan, J. J. Buckey, G. W. Buckey, J. D. Wil- son and A. W. Suiter, witnesses sworn in open court and sent before the grand jury to eee at the instance of the prosecuting attorney. Katka wae ee Se: Se eeacatine Attorney. 1150 SPECIFIC CRIMES. 2. ARTICLES BELONGING TO DIFFERENT PERSONS. CALIFORNIA. (Kerr’s Pen. Code, 1915, §§ 484 et seq.) Form No. 1450. (Precedent from People v. Ah Ki, 20 Cal. 178.) [Venue and Title as in Form No. 18, and add:] Ah Ki (Chinaman) is accused by the grand jury of Nevada County, by this indictment, of the crime of grand lar- ceny, committed as follows: The said Ah Ki, on, to-wit, GRE cveees day OL .eevss , A. D. 19.., at the township of State Range, in the county of Yuba, in the State of Cali- fornia, and within five hundred yards of the line of the county of Nevada, feloniously did steal, take, and carry away, one silver watch of the value of thirty dollars, twenty-five pieces of money of the denomination of twenty dollars, in gold coin of the United States of America, in all of the value of five hundred and fifty dollars, of the goods, chattels, and property of James Nelson, John Nelson, and C. McDonald, contrary to the forms of the statute in such case made and provided [continuing and concluding as in Form No. 18]. CONNECTICUT. (Gen. Stats., 1888, § 1449; 2 Rev. Swift’s Dig. 831.) Form No. 1451. [Follow Form No. 17 to the charging part, and add: one dozen silver spoons, of the value of twenty dollars, of the goods and chattels of Richard Roe, two brass can- dlesticks of the value of fifty dollars, two linen shirts of the value of one dollar, of the goods and chattels of Wil- liam West, then and there being found, feloniously did steal, take and carry away, against the [continuing and concluding as in Form No. 17). LARCENY—OF DOMESTIC ANIMALS, 1151 : | VERMONT. (Stats., 1894, § 4939; Aikens’ Prac. Forms, p. 249, No. 213.) Form No. 1452. [Follow Form No. 63 to the charging part, and add:] with force and arms, ten silver spoons of the value of fif- teen dollars, of the goods and chattels of one Richard Roe, one beaver hat of the value of ten dollars, and two linen shirts of the value of four dollars, of the goods and chattels of one William West, then and there being found, feloniously did steal, take and carry away, contrary to [continuing and concluding as in Form No. 68]. Form No. 1453. [Commence as in Form No. 1452, and add:] one coat, of the value of twenty dollars, of the goods and chattels of William West, and one pair of boots, of the value of five dollars, of the goods and chattels of Samuel Short, then and there being found, feloniously did steal, take and carry away, against the [continuing and concluding as in Form No. 63]. 3. OF ANIMALS. a. Domestic Animals, ALABAMA. (Crim. Code, 1896, §§ 5049, 5050; § 4923, No. 52.) Form No. 1454. [Follow Form No. 10 to the *, and add:] John Doe felo- niously took and carried away a horse, the personal prop- erty of Richard Roe, against the [continuing and conclud- ing as in Form No. 10]. 1152 SPECIFIC CRIMES. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 487.) Form No. 1455. [Follow Form No. 13 to the *, and add:] The said John Doe, on the ...... day OL xsa5 es , A. D. 19.., at the said city and county of San Francisco, two horses of the fol- lowing description, to-wit: one brown mare, branded with a small mule-shoe on the left shoulder, one black mare, branded with the letters ‘‘S. T. B.’’ on the right shoul- der, then and there being found, feloniously did steal, take and drive away, contrary to [continuing and conclud- ing as in Form No. 18]. COLORADO. (Mills’s Ann, Stats., 1891, §§ 4271 et seq.) Form No. 1456. (Precedent from Chesnut v. People, 21 Colo. 514, 42 Pac. 656.) [Follow Form No. 15 to the *, and add:|] That Robert Chesnut, late of the county of Weld and state of Colo- within the county aforesaid, one cow and three steers, being four head of neat-cattle of the personal goods and chattels of John D. Davis then and there being found, did then and there unlawfully and feloniously steal, drive and lead away; and did then and there unlawfully and felo- niously deprive the said owner of the immediate posses- sion thereof, with an intent to steal the same; and did then and there unlawfully and feloniously apply the same to his own use, with an intent to steal the same, contrary to [continuing and concluding as in Form No. 15]. LARCENY—OF DOMESTIC ANIMALS. 1153 CONNECTICUT. (Gen, Stats., 1888, § 1447; 2 Rev. Swift’s Dig. 831.) Form No. 1457. [Follow Form No. 17 to the charging part, and add:] one horse (or gelding) of the price of fifty dollars, of the goods and chattels (or the proper estate) of Richard Roe then and there found, feloniously did steal, take and lead away, against the [continuing and concluding as in Form No.17). FLORIDA. (Rev. Stats., 1892, §§ 2448, 2449.) Form No. 1458. (Precedent from Mizell v. State, 38 Fla. 21, 20 So. 769.) [Commence as in Form No. 20, and add:] that Mor- gan B. Mizell, late of the county of Lee, aforesaid, in the Circuit and State aforesaid, lahorer, on the ........... iach ) day OL sew ws , im the year of our Lord one thou- sand nine hundred and ....... , with force and arms, at and in the county of Lee aforesaid, unlawfully, one cow, of the property, goods, and chattels of one A. Traves G. Parkinson, then and there being found, did feloniously and unlawfully take, steal and carry away, contrary to [continuing and concluding as in Form No. 20]. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par. 315.) Form No. 1459. [Follow Form No. 1376 to the +, and add:] did feloni- ously take, steal and carry away a certain horse (or mule), then and there the property of and belonging to one Richard Roe, contrary to [continuing and concluding as in Form No. 23]. Crim. Proc, Forms—73 1154 SPECIFIC CRIMES. KENTUCKY. (Stats., 1894, §§ 1195, 1196, 1243; Bullitt’s Crim. Code, 1895, p. 145, No. 3.) Form No. 1460. [Follow Form No. 27 to the *, and add:| John Doe of the crime of grand larceny committed as follows, viz.: that the said John Doe on the ...... day of . with force and arms, in the county aforesaid, and at divers other days and times, between the said ...... day Of ocxexs , and the day of the finding of this indictment, with force and arms, a certain mill-dam, for the purpose of collecting, withholding, and retaining the water flow- ing down the said river Sucarnochee, in said county of Sumter, before that time made, erected, and constructed across the said river Sucarnochee, of logs, timber, stone, and earth, near the town of Livingston, in said county of Sumter, and near divers streets in said town of Living- ston, being public highways, and near unto the dwelling- houses of divers of the good citizens of the State of Ala- bama, there situate and being, unlawfully, wilfully, and Crim. Proc. Forms—84 1330 SPECIFIC CRIMES. injuriously did continue, and still doth continue, by rea- son of which said premises, divers noisome, offensive and unwholesome smells, stenches, miasmas, during the time aforesaid, were from thence emitted and issued, so that the air then and there was, and yet is greatly filled and impregnated with the said smells, stenches, and miasmas, and was and is rendered and become, and was and is corrupted, offensive, uncomfortable, and unwholesome, to the great damage and common nuisance of all the good citizens of the State of Alabama, there inhabiting, being and residing, and going, returning, and passing through the said streets and highways, and to the evil example of all others in the like case offending, and against the peace and dignity of the State of Alabama. [Signature and indorsements as in Form No: 10.] PENNSYLVANIA, Form No. 1710. (Precedent from Com. v. Church, 1 Pa. St. 105, 44 Am. Dee. 112.) [Follow Form No. 55 to the charging part, and add:] did erect and build, set up, repair and maintain, a certain dam of the length of one hundred feet, of the breadth of twelve feet, and of the height of six feet, in the river Swatara, in the township of Lower Swatara, in the county aforesaid, and in that part of said river declared by an act of Assembly of the Commonwealth of Pennsylvania, a public stream and common highway within and across part of the said river Swatara, within the township of Lower Swatara, and county aforesaid, by means of which the navigation and free passage of, in, through, along, and upon the said river Swatara is greatly obstructed, and the said dam, so as aforesaid erected, built, and set up, did repair, maintain, and continue, from the said pases day of ......, in the year aforesaid, until the day of the taking of this inquisition, with force and arms, at the township and county aforesaid, and the said dam does NUISANCE—OUTCRIES IN STREET, 1331 still keep up, maintain, and continue, to the great damage and common nuisance, obstruction, and impediment of all the good citizens of this commonwealth, passing and navi- gating on and through the said public stream and high- way, with their arks, craftboats, and vessels, about their necessary business, with their goods and chattels, and merchandise, contrary to the act of Assembly, in such case made and provided, to the evil example of all others in like case offending, and against the peace and dignity of the Commonwealth of Pennsylvania. [Signature and andorsements as in Form No. 55.) 7% OUTCRIES IN PUBLIC STREET. MASSACHUSETTS. Form No. 1711. (Precedent from Com. v. Oaks, 113 Mass. 8.) [Follow Form No. 81 to the charging part, and add: was a disturber and breaker of the peace, and then and there contriving and intending to disturb the peace of said Commonwealth, did, in and near to one of the public streets of said town, utter loud exclamations and outcries, and did then and thereby draw together a number of persons, to the great disturbance, damage and common nuisance of all the citizens of said Commonwealth, then and there inhabiting, being and residing, against the, peace [concluding as in Form No. 81]. \ 8. POLLUTING RUNNING WATER. IOWA, (Code, 1897, § 5078.) Form No. 1712. (Precedent from State v. Smith, 82 Iowa 424, 48 N. W. 727.) [Follow Form No. 25 to the *, and add:] The said W.S. Smith, on the ...... day Of seswes ys D319 .45 and on 1332 SPECIFIC CRIMES. divers days and times since and up to the time of the finding of this indictment, wrongfully and unlawfully did commit, place, deposit, discharge and run into, and cause to be committed, placed, deposited, discharged and run into, a certain creek and stream of water situated in the county of Marshall and state of Iowa, known as ‘‘Linn creek,’’ a large quantity, to-wit, one hundred tons, of cattle manure, filth, offal, glucose, acids, sulphuric acid, sulphur and other poisonous substances, the names of which are unknown to the grand jury; and that by the natural and useful flow of the waters of the said Linn creek and stream all of said manure, filth, offal, glucose, acids, sulphuric acid, sulphur and other poisonous sub- stances, the names of which are unknown to the grand jury, as aforesaid, were at said time carried into the waters of the Iowa river, and by the natural and usual flowing of the waters of the Jowa river all of the said manure, filth, offal, glucose, acids, sulphuric acid, sulphur and other poisonous substances, the names of which are unknown to the grand jury, were at said time carried into the waters of the Iowa river, in the county of Tama and state of Iowa, whereby and by reason whereof the waters of the said Iowa river, in the county of Tama, state of Iowa, aforesaid, and at the time aforesaid, became. and were corrupted, rendered unwholesome and impure, to the injury and prejudice of A. B. Tapin, B. F. Hill, Nathan Hall and other persons residing along said river in said county of Tama, state of Iowa, aforesaid, con- trary to and in violation of law. [Signature and indorse- ments as m Form No. 28.) NUISANCE—POLLUTING WATER, PRIVY. 1333 OHIO. (Bates’ Ann Stats., 1897, § 6921.). Form No. 1713. (Precedent from State v. Frieberg, 49 Ohio St. 585, 31 N. E. 881.) [Follow Form No. 50 to the *, and add:] that Julius Frieberg and Godfrey Mentzler on the ...... day of eae , In the year of our Lord one thousand nine hun- dred and ...... , at the county of Brown and state of Ohio, aforesaid, unlawfully and purposely did corrupt and render unwholesome and impure a certain water course then and there being and flowing into and through said county of Brown, and known as the east fork of the Little Miami river, by putting offal, filth and noxious and offensive substances into said water course, to the dam- age and prejudice of other persons residing along said water course, in said county of Brown, contrary to the statute in such cases made and provided, and against the peace and dignity of the state of Ohio. [Signature and indorsements as in Form No. 50.) 9. PRIVY. SOUTH CAROLINA, Form No. 1714. (Precedent from State v. Purse, 4 McC. L. 472.) [Follow Form No. 57 to the *, and add:] that William Purse, a resident of the city of Charleston, on the ...... Gay OF caeus 2 , in the year of our Lord, one thousand nine hundred and ...... , at St. Michael’s Alley, in the city of Charleston, and within the jurisdiction of this court, unlawfully and injuriously, a certain building called a necessary house, before that time erected near and adja- cent to, the public street or lane, called St. Michael’s Alley, did continue, and from the ...... GAY GE veins till the day of taking this inquisition, still doth continue the 1334 SPECIFIC CRIMES. said building, near and adjacent to the public street or lane, called St. Michael’s Alley, whereby the houses of persons living in the said street were filled with noxious and unwholesome smells from the said building, and the air was greatly corrupted by the stench of the said build- ing, to the great damage and common nuisance of the inhabitants residing in the said street, and also of all persons along the said street, going, passing, and return- ing, and against the peace and dignity of the same state aforesaid. [Signature and indorsements as in Form No. 57.] 10. SHORT SMOKE-STACK, INDIANA, (Horner’s Stats., 1896, § 2066.) Form No. 1715. (Precedent from Fulk v. State, 19 Ind. App. 356, 49 N. E. 465.) [Venue.] Frederick Dalman, being duly sworn, upon his oath says that on the ...... day Of ws xs , A. D.19.., at the county of Allen and state of Indiana, Mary L. Smith and John C. Fulk did then and there, and on divers other days, both before and since said time, and up to the date of this prosecution, unlawfully erect, continue and maintain, on the city of Ft. Wayne and state of Indiana, at, near, and among the dwelling-houses of the divers in- habitants of the said city, a certain smoke-stack, project- ing from a building used by the said Mary L. Smith and John S. Fulk as a grist, feed, and flour mill, such stack being connected with a furnace within said building, and used for the carrying away of smoke and soot, produced by and burning of coal, wood, and corncobs in such fur- nace, and the said Mary L. Smith and John C. Fulk maintaining such stack at an elevation not sufficient to carry away the soot and smoke discharged from the same, by reason whereof unwholesome smokes and gases and NUISANCE—STATIONARY ENGINE. 1335 great quantities of soot, which issue from such stack, then and there are carried to the ground and into the streets, to-wit, yards, verandas, and residences, of the inhabitants there residing, thereby rendering the air unwholesome, uncomfortable, and injurious to the health and offensive to the senses, while the free use of the property of said inhabitants is thereby obstructed, and the comfortable enjoyment thereof prevented, to the great damage and common nuisance of all the inhabitants of the said city and state there being, residing, and passing through and along said street, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Indiana. [Signature and jurat as in Form No. 1698.] 11. STATIONARY ENGINE. MAINE. (Rev. Stats., 1883, ch. 17, §§ 17, 19.) Form No. 1716. [Follow Form No. 29 to the charging part, and add:] and from that day until the day of the finding of this indictment, unlawfully did use a stationary engine with- -out any license to him, the said John Doe, granted by the municipal officers of the said city of Auburn in said ‘county, designating the place where the buildings there- 'for should be erected, the materials and mode of con- struction, the size of the boiler and furnace, and such pro- visions as to height of chimneys or flues and protection against fire and explosion as they, the said municipal officers of said city of Auburn, judged proper for the safety of the neighborhood. And so the jurors aforesaid, upon their oath aforesaid, do say and present, that the said John Doe, on the said ...... day-Of ¢ , A. D.19.., at the county aforesaid, before ‘Hon. J. C. Lamson, judge of the 24th judicial circuit of the state of Missouri, and ex officio judge of the Newton county circuit court, a certain issue between one FE. S. Kenney and the Kansas City, Pittsburg and Gulf Rail- road Company, a corporation, for damages alleged to have been caused by said railroad company in unlawfully building and constructing its road across a part of a natu- ral stream of water, viz., that part of said Shoal creek known as Cogswell’s slough, at a point near which plain- tiff’s corn and wheat were situated in said county, in such a manner as to entirely obstruct the waters of said stream, thereby overflowing and damaging the crops of, the said E. S. Kenney, wherein the said E. 8. Kenney was plaintiff, and the said Kansas City, Pittsburg and Gulf Railroad Company was defendant, came on to. be tried in due form of law, the said court then and there having competent authority in that behalf; and the said issue was then and there tried by a jury of the county in that 1386 SPECIFIC CRIMES. behalf, duly sworn and taken between the parties afore- said; upon which said trial, one A. M. Nelson, then and there appeared as a witness for and on behalf of the said Kansas City, Pittsburg and Gulf Railroad Company, de- fendant in the action aforesaid, and was then and there duly sworn and took his oath before the said court; which said oath was then and there duly administered to the said A. M. Nelson, by one D. W. Tuder, who was then and there clerk of said court, having full power and com- petent authority to administer the said oath to the said A. M. Nelson in that behalf, that the evidence which he, the said A. M. Nelson, should give to the court there, and to the said jury so sworn as aforesaid, touching the matter then in question between the said parties, should be the truth, the whole truth, and nothing but the truth; and that at and upon the trial of said issue so joined be- tween said parties aforesaid, it then and there was and became a material question, whether the said stream was a natural water course, and whether the channel in and across which was built the embankment of said defen- dant’s railroad was a natural water course, and whether at all times water flowed through the same, and whether at normal stages of the water there was a living stream in said channel; and that the said A. M. Nelson, then and there, upon the trial of the said issue upon his oath afore- said, feloniously, wilfully, corruptly and falsely, before the court and jury aforesaid, did depose and swear in substance and to the effect following, that is to say, ‘‘that said stream is not a natural water course; that I have seen it, in 19.., when the water did not flow through said slough, meaning the channel aforesaid, and that at nor- mal stages of the water there was no living stream there,”’ meaning in the channel aforesaid, whereas, in truth and fact, at normal stages of the water there was a living stream in said channel and slough, and was and has been running and living water in and through the same for a long time prior to the year 19.., and during said year PERJURY—BEFORE COURT OF RECORD. 1387 and ever since said date; the said stream being a part of the natural water course aforesaid, known as Shoal creek. And so the grand jurors aforesaid upon their oath aforesaid, say that the said A. M. Nelson, on the nies day of ......,19.., at the county and state afore- said, upon the trial aforesaid, did, in manner and form aforesaid, feloniously, wilfully, corruptly, and falsely commit wilful and corrupt perjury, against [concluding as in Form No. 82]. NEW JERSEY. Form No. 1800. (Precedent from State v, Voorhis, 52 N. J. L., 23 Vr., 351, 20 Atl. 26.) [Follow Form No. 48 to the *, and add:] that hereto- fore, to-wit, at the Circuit Court holden at the township of New Bardadoes,. within and for the said county of Bergen, on the ....... day Of .254404% , in the year of our Lord one thousand nine hundred and ...... , before Jona- than Dixon, esquire; then being a justice of the Supreme Court of Judicature of the State of New Jersey, and holding then and there the Circuit Court in and for the county aforesaid, a certain issue duly joined in the said court between The First National Bank of Hackensack, and one Richard P. Terhune, in a certain plea of con- tract, came on to be tried in due form of law, and was then and there tried by a certain jury of the county, duly summoned, impaneled and sworn between the par- ties aforesaid; and that upon the said trial, Charles H. Voorhis, late of the township aforesaid, in the county aforesaid, appeared as a witness on behalf of the said The First National Bank of Hackensack, the plaintiff, and was duly sworn, and took his corporal oath upon the Holy Gospel of God, administered by Samuel Taylor, then the duly qualified clerk of the Circuit Court afore- said, before the said Jonathan Dixon, esquire, justice as aforesaid, to speak the truth, the whole truth, and noth- 1388 e SPECIFIC CRIMES. ing but the truth, touching the matters in issue on the said trial, he, the said Samuel Taylor, clerk as aforesaid, having sufficient and competent power and authority to administer the said oath to the said Charles H. Voorhis in that behalf before the said Jonathan Dixon, esquire, justice as aforesaid; and that at and upon said trial cer- tain questions became and were material in substance as follows, that is to say, whether the said The First Na- tional Bank of Hackensack theretofore had taken, re- ceived, obtained or withheld from the said Richard P. Terhune for divers sums of money theretofore had and received of and from the said The First National Bank of Hackensack by the said Richard P. Terhune, above the value of six dollars for the forbearance of one hun- dred dollars for a year, or at that rate, and that the said Charles H. Voorhis, being so sworn as aforesaid, and being then and there lawfully required to depose the truth in the proceedings and suit aforesaid, at and upon the said trial of the proceeding and suit aforesaid, at the court aforesaid, then and there wilfully, corruptly, falsely and knowingly did say, depose and swear, among other . things, in substance and to the effect following, that is to say, ‘‘this bank never charged more than six per cent.,’?: meaning thereby that the said The First National Bank of Hackensack had not theretofore had, taken, received, obtained or withheld from the said Richard P. Terhune, for divers sums of money theretofore had and received of and from the said The First National Bank of Hacken- sack by the said Richard P. Terhune, above the value of six dollars for the forbearance of one hundred dollars for a year, or at that rate; whereas, in truth and in fact, the said The First National Bank of Hackensack had theretofore taken, received, obtained and withheld from the said Richard P. Terhune, for divers sums of money theretofore had and received of and from the said The First National Bank of Hackensack by the said Rich- ard P. Terhune, above the value of six dollars for the PERJURY—BEFORE COURT OF RECORD. 1389 forbearance of one hundred dollars for a year, or at that rate, as the said Charles H. Voorhis then and there well knew. And so the jurors aforesaid, upon their oaths aforesaid, do say that the said Charles H. Voorhis, in manner and form aforesaid, did commit wilful and cor- rupt perjury against the form of the statute in such case made and provided, against the peace of this state, the government and dignity of the same. And the jurors aforesaid, upon their oaths aforesaid, do further present, that heretofore, to-wit, at the Circuit Court holden at the township of New Barbadoes, within and for the said county of Bergen, and within the jurisdiction of this court, on the ...... day Ol cases , in the year of our Lord one thousand nine hundred and ....... , before Jonathan Dixon, esquire, then being a justice of the Supreme Court of Judicature of the State of New Jersey, and holding then and there the Circuit Court in and for the county aforesaid, a certain issue duly joined in the said court between the said The First National Bank of Hackensack and one Richard P. Terhune, in a certain plea of contract, came on to be tried in due form of law, and was then and there tried by a certain jury of the country, duly summoned, impaneled, and sworn between the parties aforesaid; and that upon the said trial, Charles H. Voor- his, late of the township aforesaid, in the county afore- said, appeared as a witness on behalf of the said The First National Bank of Hackensack, the plaintiff, and was duly sworn and took his corporal oath upon the Holy Gospel of God, before the said Jonathan Dixon, esquire, justice as aforesaid, to speak the truth, the whole truth, and nothing but the truth, touching the matters in issue on the said trial, he, the said Jonathan Dixon, esquire, justice as aforesaid, having sufficient and com- petent power and authority to administer the said oath to the said Charles H. Voorhis in that behalf; and that at and upon said trial certain questions became and were material in substance as follows, that is to say, whether 1390 SPECIFIC CRIMES, the said The First National Bank of Hackensack thereto- fore had taken, received, obtained, withheld from or charged to the said Richard P. Terhune, for divers sums of money theretofore had and received of and from the said The First National Bank of Hackensack by the said Richard P. Terhune, above the value of six dollars for the forbearance of one hundred dollars for a year, or at that rate, and that the said Charles H. Voorhis, being so sworn as aforesaid, and being then and there lawfully required to depose the truth in the proceeding and suit at law aforesaid, at and upon the said trial of the proceed- ing and suit at law aforesaid, at the court aforesaid, then and there, wilfully, corruptly, falsely; and knowingly, did say, depose and swear, among other things, in substance and to the effect following, that is to say, ‘‘this bank never charged more than six per cent.,’’ meaning thereby that the said The First National Bank of Hackensack had not theretofore had, taken, received, obtained, withheld from or charged to the said Richard P. Terhune, for divers sums of money theretofore had and received of and from the said The First National Bank of Hackensack by the said Richard P. Terhune, above the value of six dollars for the forbearance of one hundred dollars for a year, or at that rate; whereas, in truth and in fact, the said The First National Bank of Hackensack had there- tofore taken, received, obtained, withheld from and charged to the said Richard P. Terhune, for divers sums of money theretofore had and received of and from the said The First National Bank of Hackensack by the said Richard P. Terhune, above the value of six dollars for the forbearance of one hundred dollars for a year, or at that rate, as the said Charles H. Voorhis then and there well knew. And so the jurors aforesaid, upon their oaths aforesaid, do say that the said Charles H. Voorhis, in manner and form aforesaid, did commit wilful and cor- rupt perjury, against the form [conclude as in Form No. 43]. PERJURY—BEFORE COURT OF RECORD, 1391 NORTH CAROLINA, (Laws, 1889, ch. 83.) Form No. 1801. [Follow Form No. 47 to the *, and add:] that John Doe, of Wake county, did unlawfully commit perjury upon the trial of an action in the Superior court of Wake county, wherein John Doe was plaintiff and Richard Roe was defendant, by falsely asserting, on oath (or solemn averment), that [here set out statement alleged to be false], knowing said statement, or statements, to be false, or being ignorant whether or not the said statement was true, against the form [concluding as in Form No. 47]. VERMONT. Form No. 1802. (Precedent from State v. Smith, 63 Vt. 202, 22 Atl. 604.) [Follow Form No. 638 to the *, and add:] that at the term of the County Court begun and held at Newport within and for the county of Orleans aforesaid, on the peerenes day of ........, A. D.19.., a certain issue was joined in the aforesaid court, in a certain action then and there pending in said County Court, of which said action the said County Court had full jurisdiction to try and de- termine, and wherein one Isaac Henry Pierson Rowell, in his individual capacity, and the said Isaac Henry Pierson Rowell, as surviving partner of the late firm of J. & H. _ Rowell, which co-partnership consisted of the said Isaac Henry Pierson Rowell and one Joseph Rowell, now de- ceased, was plaintiff, and the estate of one Warren Fuller, deceased, was defendant; and that afterward, to-wit: at the term aforesaid of the county aforesaid, said issue came on to be tried in due form of law by the jury of the county in that behalf duly impaneled and sworn to try ° such issue; and upon the trial of aforesaid issue, and to-wit: on the ...... day of 2scse« , A. D.19.., one John 1392 : SPECIFIC CRIMES. W. Smith of Berlin, in the county of Washington, and State of Vermont, did then and there appear and was produced as a witness and was received to give evidence on behalf of the said Isaac Henry Pierson Rowell, plain- tiff as aforesaid, in said cause; and the said John W. Smith in and before said court, was then and there duly sworn by the clerk of said court, and did then and there take his corporal oath that the evidence he, the said John W. Smith, would give to the court and jury sworn be- tween the parties aforesaid, touching the matters in ques- tion in the said issue, should be the truth, the whole truth and nothing but the truth, the said court by their said clerk then and there having full power and authority by | law to administer an oath on such an occasion, and then “and there upon the trial of such issue, it became and was a material question on the said issue, whether he, the said Warren Fuller, in his lifetime, on to-wit: the ...... day of ...... , A. D.19.., or on any other day, had signed his, the said Warren Fuller’s name to and delivered or caused to be delivered unto the said Isaac Henry Pierson Rowell, a certain writing or document in the words and figures following, to-wit: [here set out a copy]. And that thereupon the said John W. Smith, having been so sworn as aforesaid, did then and there feloni- ously, wilfully and corruptly testify and say in substance and effect, that he, the said John W. Smith, was in the hotel, then called and known as the American House, in the village of Montpelier, in the town of Montpelier aforesaid, in the county of Washington, on the day and date of the said writing or document hereinbefore named ~ and described, and that while he, the said John W. Smith, was in the said American House as aforesaid, said War- ren Fuller came into the same room in said American House in which the said John W. Smith then was, as ’ aforesaid, and that while the said Warren Fuller was in the said room in said American House as aforesaid, he, the said John W. Smith, saw said Warren Fuller sign his, cay PERJURY—BEFORE JUSTICE OF PEACE. 13893 the said Warren Fuller’s name to said writing or docu- ment hereinbefore named and described, whereas, in truth and in fact, the said John W. Smith did not see the said Warren Fuller in said American House on the day of the date of said writing or document hereinbefore named and described; nor did the said Warren Fuller sign his, the said Warren Fuller’s, name to said writing or document hereinbefore named and described, in said American House or elsewhere, on the day of the date of said writing or document hereinbefore named and de- scribed, or on any other date. And so the jurors aforesaid, upon their oath aforesaid, do say: that the said John W. Smith, on the trial of the issue aforesaid, on the day and year aforesaid, before the said County Court, falsely, maliciously, wilfully, knowingly and wickedly in manner and form aforesaid, did commit wilful and corrupt perjury, contrary to the form, force and effect of the statute in such cases made and provided, and against the peace and dignity of the state. (c.) Before Justices’ Court. MISSOURI Form No. 1803. (Precedent from State v. Huckeby, 87 Mo. 415.) [Follow Form No. 36 to the *, and add:] that, hereto- fore, at one of the justice of the peace courts of Richland township, in said county and state, on the ...... day of peed , 19.., before William Boutwell, Esquire, one of the justices of the peace of said township, in said county and state, a certain issue between one James Marshall and one John D. Ebert, in a certain action to recover money had, received and paid out, by mistake or oppres- sion, wherein the said James Marshall was plaintiff, and the said John D. Ebert was defendant, came on to be tried in due form of law, the said court then and there having Crim. Proc. Forms—88 1394 SPECIFIC CRIMES. competent authority in that behalf, and the said issue was then and there tried by the said justice of the peace, sitting as a court as aforesaid in that behalf, upon which said trial one William R. Huckeby then and there ap- peared as a witness for, and in behalf of, the said John D. Ebert, the said defendant in the action aforesaid, and then and there duly sworn, and took his oath before the said court, which said oath was then and there adminis- tered by the said William Boutwell, Esquire, justice of the peace as aforesaid, then and there sitting as a court as aforesaid, then and there having full power and com- petent authority to administer the said oath to the said William R. Huckeby in that behalf, that the evidence which he, the said William R. Huckeby, should give to the court then and there aforesaid should be the truth, the whole truth and nothing else but the truth, and that, upon the trial of the issue so joimed between the parties aforesaid, it then and there became, and was, a material question whether the said James Marshall had bought of the said John D. Ebert, at his store in the town of Sikeston, in said county and state, on the ...... day of wasadts , 19.., certain goods, wares and merchandise, amounting in price and value to $4.90, itemized as fol- lows: Calico of the price and value of one dollar; one pair of shoes for ninety cents; one pair of shoes for seventy-five cents; eight yards of -prints for one dollar and sixty cents, and checks for sixty-five cents. And that the said William R. Huckeby then and there, on the trial of said issue, upon his oath aforesaid, feloniously, wil- fully, corruptly, and falsely, before the court aforesaid, did depose and swear in substance, and to the effect fol- lowing; that is to say: ‘‘That the said James Marshall, on the ...... GAY Ul givens , 19.., did buy of the said John D. Ebert, at his store in said town of Sikeston, aforesaid, calico at the price of one dollar, one pair of shoes for seventy-five cents, one pair of shoes for ninety cents, eight yards of prints for one dollar and sixty cents, PERJURY—BEFORE JUSTICE OF PEACE, 1395 and checks for sixty-five cents, saying: I [meaning him- self] say this is the James Marshall [meaning the said James Marshall then and there at the tume being the plaintiff in the cause of action aforesaid] who got these goods [meaning the calico, shoes, checks and prints afore- said]. The said William R. Huckeby then and there well knowing that the said James Marshall, the plaintiff in said action, was not the person who bought said articles of goods, wares and merchandise of the said John D. Ebert, the defendant in said action, at his store in said town of Sikeston, on the ...... day of ...... , 19.., and that the said William R. Huckeby then and there knew that the said testimony by him given, under oath as afore- said, to be false and corrupt; whereas, in truth and in fact, the said James Marshall did not buy said articles of goods, wares and merchandise, to-wit: the said calico, shoes, prints and checks, amounting to four dollars and ninety cents, but that one James H. Marshall did buy said calico, shoes, prints and checks, for the price of four dol- lars and ninety cents aforesaid, at the time and place aforesaid, and of the said John D. Ebert aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, say that the said William R. Huckeby, on the said ...... MAG OT fa seis , 19.., at the county and state aforesaid, before the court aforesaid, upon the trial aforesaid, did, in manner and form aforesaid, feloniously, wilfully, cor- ruptly, and falsely, commit wilful and corrupt perjury, against [concluding as in Form No. 36]. NEBRASKA. Form No. 1804. (Precedent from Gandy v. State, 23 Neb. 439, 36 N. W. 817.) [Venue.] Of the ...... term of the district court of Richardson county in the state of Nebraska, in the year of our Lord one thousand nine hundred and ..... , Edwin Falloon, county attorney for said county of Richardson 1396 SPECIFIC CRIMES, in the name, by the authority, and on behalf of the said state of Nebraska, information makes that James L. Gandy, on the ...... Gay Ol ouseus , in the year of our Lord one thousand nine hundred and ...., in said county, in a certain action for the forcible entry and detention of certain real estate, pending in the justice court, before Garret Minor, a justice of the peace within and for said county, wherein Daniel H. Mason was plaintiff, and Samuel Powell was defendant, the said James L. Gandy did then and there appear as a witness for and on behalf of said Samuel Powell, the said defendant in said action, in said court before said Garret Minor, who, as justice of the peace as aforesaid, had full power and jurisdiction to hear, try, and determine said action, and while the said Garret Minor, as justice of the peace aforesaid, was hear- ing and trying said action, the said James L. Gandy, being then and there duly sworn by said Garret Minor, justice of the peace aforesaid, and duly empowered and authorized by law to administer oaths, he, the said James L. Gandy, did then and there, in matter material to said action, wilfully, falsely, corruptly, and feloniously, de- pose and declare under oath certain matters in regard to said action, in substance and effect as follows, to-wit: That one J. M. Thayer [meaning John M. Thayer] did on thé. ..40 dy Of 4055 , 19.., in Oberlin, Kansas, execute to J. L. Gandy [meaning James L. Gandy] a lease for the south-east quarter of the south-east quarter of section five, and the south-west quarter of the south- west quarter of section four, all of said land being in township two and range thirteen, in said county; that said lease was delivered to John H. Beery on said ...... GayOL gases ae , and retained by said John H. Beery until the ...... GARE viienas ,19..; that onsaid...... day of Se aaiwes , said John H. Beery delivered to said Jamies L. Gandy said lease; that on the ,..... CGY Of wean pABen, he, the said James L. Gandy, wrote a true and correct copy of said lease, and then delivered said original lcase PERJURY—-BEFORE JUSTICE OF PEACE, 1397 to said Samuel Powell, and that said Samuel Powell had lost said original lease, and that the following, which was then and there introduced in evidence in said action, is said copy of said original lease, to-wit: Humboldt, Nebraska, ...... ...... 219.5 For and in consideration of the sum of two hundred and seventy-five dollars I [meaning said John M. Thayer] hereby lease unto said J. L. Gandy [meaning said James L. Gandy] the farm I [meaning said John M. Thayer] live on 8. E. 1-48. E. 1-4 sec. five and 8S. W. 1-4 8. W. 1-4. sec. four, town two, range 13, [meaning the south-east quarter of the south-east quarter of section five, and the south-west quarter of the south-west quarter of section four, all of said land being in township two and range tharteen, in said county], for the crop season ending ...... J. M. Thayer [meaning John M. Thayer]. Witness, John Marshall. Whereas, in truth and in fact, said John M. Thayer did not on said ...... day OF aviass , or at any other time, in said Oberlin, or any other place, execute a lease for said land to said James L. Gandy, nor was said lease deliv- ered to said John H. Beery on said ...... day of sssvas . or at any other time, and retained by said John H. Beery until said ...... Gay Gl casas , or for any period of time; nor did said John H. Beery deliver to said James L. Gandy said lease on said ...... day Of esas 65 , or at any time; nor did said James L. Gandy on the said ...... day Of seeees , or at any other time, write a true and correct copy, or any copy, of said lease; nor did said James L. Gandy on said ...... day Ol acgces , or at any other time, deliver said original lease to said Samuel Powell; nor did said Samuel Powell ever have the possession of, or lose, said original lease; nor did said John Marshall ever witness said original lease; nor is said pretended copy of said original lease a true copy of any lease whatever; nor did the so called original lease ever have any exist- ence. He, the said James L. Gandy, then and there well 1398 SPECIFIC CRIMES. knowing the said matters so as aforesaid by him deposed and declared to be true then and there to be false, and the said James L. Gandy did, then and there, and thereby, falsely, wilfully, corruptly, and feloniously commit wilful and corrupt perjury, contrary to the form of the statute in such cases made and provided, and against the peace and dignity of the state of Nebraska. svVeeK Ue NewS Reees owes , County Attorney. (2.) On Application for Continuance. ALABAMA, (Crim, Code, 1896, § 5200; § 4928, No. 68.) Form No. 1805. [Follow Form No. 10 to the *, and add:] John Doe, on application for a continuance in a civil action in the Cir- cuit court of Dale county, in which one Richard Roe was plaintiff and the said John Doe defendant, being duly sworn by the clerk of said court, who had authority to administer such oath, falsely swore [stating the facts], the matters so sworn to be material, and the oath of the said John Doe, in relation to such matters, being wilfully and corruptly false, against the [concluding as in Form No. 10}. (3.) On Application for Service by Publication. KANSAS. Form No. 1806. (Precedent from State v. Bunker, 38 Kan. 737, 17 Pac. 651.) [Commence as in Form No. 1403, and add:] I, Silas W. Porter, the undersigned, county attorney of said county, in the name, by the authority and on behalf of the state of Kansas, come now here and give the court to under- stand and be informed that on the ...... G8 OF eugewars ; 19.., in said county of Ness and state of Kansas, one PERJURY—ON APPLICATION FOR PUBLICATION. 1399 James M. Bunker did then and there unlawfully and felo- niously, in a certain action then pending in the district court, in and for said Ness county, wherein said James M. Bunker was plaintiff and Cecilia Bunker was defend- ant, brought for the purpose of obtaining a divorce in behalf of said James M. Bunker, come in his own proper person, before one Fred. H. Kurtz, a notary public, duly and legally commissioned to act as such, in and for said county of Ness, and to administer oaths as provided by law, and to the said Fred. H. Kurtz, as notary public, did then and there present an affidavit in writing, in words and figures and to the tenor as follows, to-wit: [here set out a copy]. That said James M. Bunker read the said affidavit in the words and figures and to the tenor as aforesaid, and well knowing the contents thereof, before the said Fred. H. Kurtz, notary public, signed the same as aforesaid, with his own name, and-then and there took a solemn oath administered then and there to him by the said Fred. H. Kurtz, as notary public, as provided by law, that the matters and allegations therein contained ..were the truth, the whole- truth, and nothing but the truth; he, the said Fred. H. Kurtz, notary public as afore- said, then and there having full power to administer said oath, and the said James M. Bunker then and there in- “tending and designing to file said affidavit as aforesaid, _in said action for divorce, said affidavit being the usual ‘affidavit provided by law where an action is brought in ‘said state of Kansas, by a resident thereof, against a. non-resident of the state, to obtain a divorce, and where personal service of summons can not be made upon the defendant within said state of Kansas. And afterwards, to-wit, on the same day, the said James M. Bunker filed “in said cause, in said district court, said affidavit with his petition in said cause, praying for a divoree from said Cecilia Bunker, and that said affidavit was then and there, and by virtue of the statute in such case made and provided, became material to the issues and matters to 1400 SPECIFIC CRIMES. be tried in said district court in said action for divorce as aforesaid; and summons by publication was upon said affidavit made as provided by law in said action; and that afterward upon the trial of said action, at the ...... term of said district court, in the year 19.., the said James M. Bunker obtained from said court, upon said service made upon said affidavit, a decree of divorce from the said Cecilia Bunker, the said Cecilia Bunker being then and there his lawfully wedded wife; whereas said defendant Cecilia Bunker, in truth and in fact did then, OM Te xvscce day OL sine ,19.., and at all times there- tofore, and ever since has, resided and did reside in Sumner county, in said state of Kansas, and within about four miles of said James M. Bunker’s place of resi- dence—the said Cecilia Bunker residing all of the time aforesaid at her father’s house, where said James M. Bunker had a short time before lived with her as her husband, and where said James M. Bunker had fre- quently seen her, and left her, all of which the said James M. Bunker, then and there on the ...... Gat OL o2t boa, 19.., and all times thereafter well knew; and that he,’ the said James M. Bunker, then and there, on the said easeiase day of ......, 19.., falsely, wilfully, maliciously and corruptly swore to said affidavit as aforesaid; he, the said James M. Bunker, then and there, and at the time of obtaining said divorce as aforesaid, well knowing that said affidavit was false, and by him, the said James M. Bunker, falsely, wilfully, maliciously and corruptly sworn to as aforesaid; and that the said James M. Bunker, in the manner and form aforesaid, did then and there unlawfully, feloniously, falsely, wilfully, mali- ciously and corruptly commit the crime of perjury, as aforesaid, contrary to the statute in such case made and provided, and against the peace and dignity of the state of Kansas. [Signature and indorsements as in Form No. 1408.] PERJURY—IN CRIMINAL PROSECUTION. 1401 (4.) In Justifying on Bond. NORTH CAROLINA, Form No. 1807. (Precedent from State v. Champion, 116 N. C. 987, 21 S. EB. 700.) [Follow Form No. 47 to the *, and add:] that James I. Champion, late of Franklin county, on the ...... day of newex , A. D. 19.., at and in the county aforesaid, did, unlawfully and feloniously, commit perjury upon a justi- fication on a certain undertaking before S. G. Davis, a Notary Public, in and for the State of North Carolina, which said undertaking was filed in a certain civil action pending in the Superior Court of Nash county, wherein S. B. Ricks was plaintiff and James Strother, Ed. Strother and Lucius Strother were defendants, by falsely asserting on oath that he, the said James I. Champion, was worth over and above his liabilities and exemptions allowed by law, one thousand and seventy dollars, know- ing the said statement or statements to be false, or being ignorant whether or not said statement was true, against the form of the statute in such case made and provided, and against [concluding as in Form No. 47]. u. Criminal Prosecution. (1.)- In Signing Criminal Complaint. GEORGIA. Form No. 1808. (Precedent from Pennaman v. State, 58 Ga. 337.) ‘[Follow Form No. 1382 to the t, and add:] before Isaac Russell, as a justice of the peace in and for said county, in a judicial proceeding, the said Isaac Russell being then and there a judicial officer fully competent and authorized to administer a lawful oath, and when a lawful oath was to the said Thomas M. Pennaman, by the said Isaac Russell, as justice of the peace as aforesaid, adminis- 1402 SPECIFIC CRIMES. tered, wilfully, knowingly, absolutely and falsely swear, amongst other things, in substance and in effect follow- ing, that is to say, that Cornelia Brown, on ............ 19.., in the county of Chatham, and state of Gaon gia, did violently assault and strike him, the said Thomas M. Pennaman, with a rock or brickbat, inflicting a painful wound on the back of him, the said Thomas M. Penna- man, all of the said matters so wilfully, knowingly, abso- lutely and falsely sworn to in substance and effect by the said Thomas M. Pennaman, being then and there mate- rial to the issue in the judicial proceeding aforesaid, the said Thomas M. Pennaman being then and there in the said judicial proceeding, making and swearing to an affi- davit before the said justice of the peace, for the purpose of having ‘a warrant issued against the said Cornelia Brown for the offense of an assault and battery. And the jurors aforesaid, on their oaths aforesaid, do say, that the said Cornelia Brown did not in truth and in fact, or in substance and in effect, on ...... ...... 19.., in the county of Chatham, in the state of Gearain, violently assault and strike the said Thomas M. Penna- man with a rock or brickbat, inflicting a painful wound on the back of him, the said Thomas M. Pennaman, and that the said Thomas M. Pennaman then and there well knew that he, the said Thomas M. Pennaman, was then and there, wilfully, knowingly, absolutely and falsely swearing, contrary to the law [concluding as in Form No. 21]. (2.) At Preliminary Hearing. CALIFORNIA, Form No. 1809. (Precedent from People v. Brilliant, 58 Cal. 215.) [Venue and Title as in Form No. 18, and add:] Marks Brilliant is accused by the District Attorney of Sierra PERJURY—IN PRELIMINARY HEARING. 1403 County, State of California, by this information of the crime of perjury, committed as follows :* De OR TRE i459 as May Gl 4 nwa ,» A. D.19.., at the Jus- tice’s office in the town of Downieville, Sierra County, State of California, in the Justice’s Court of Butte Town- ship, County and State aforesaid, before W. B. Kimball, Hsq., Justice of the Peace for said township, the case of The People of the State of California v. Algie Romargi, being pending, was duly called for hearing, said Algie Romargi, the defendant in said case, had been duly charged with having robbed Marks Brilliant in Sierra Uounty, 0 GY About .2.5c4 «heed ,19.., of eighteen dol- lars current coin of the United States. A warrant had been duly issued, and said Romargi arrested and brought before the said Justice of the Peace sitting as a magis- trate upon the charge aforesaid, and said Justice of the Peace proceeded to examine witnesses and to take testi- mony in said case at the time and the place aforesaid. 2. At the time and the place aforesaid, in the Court aforesaid, and in the said case of The People of the State of California v. Algie Romargi, said Marks Bril- liant, defendant in this case, was duly sworn as a witness by W. B. Kimball, Justice of the Peace as aforesaid. That said W. B. Kimball, Justice of the Peace, as afore- said, had at said time full power and authority to admin- ister oaths, and at the time and place aforesaid duly ad- ministered an oath to said Marks Brilliant, and that under said oath to said Marks Brilliant said Marks Bril- liant solemnly declared that he would tell the truth, the whole truth, and nothing but the truth, in the said case of The People of the State of California v. Algie Romargi. 3. That said Marks Brilliant at the time and place aforesaid, and under the aforesaid oath, proceeded to give testimony as a witness in the said case of The People of the State of California v. Algie Romargi, and among other things, did unlawfully, falsely, knowingly, wilfully, 1404 SPECIFIC CRIMES. wickedly, corruptly, maliciously, and contrary to the aforesaid oath, state as true that he, Marks Brilliant, had never told any person that he (Brilliant), knew who had robbed him (Brilliant), and that he (Brilliant) had never told any person ‘that the young man at the ‘‘Nigger Tent’? (meaning Algie Romargi) had robbed him (Bril- liant), and that he (Brilliant) had never told any person that the boy at ‘‘Nigger Tent’? (meaning Algie Romargi) had robbed him (Brilliant). Whereas in truth and in fact said Marks Brilliant had told W. A. Green, before the aforesaid time of giving testimony, that the young man at the ‘‘Nigger Tent’? (meaning Algie Romargi) had robbed him (Brilliant), that he (Brilliant) saw him at the time of the robbery before he put his mask on and knew him, and whereas in truth and in fact said Marks Brilliant had told Frank Wehe, Charles Meany, W. Miles, A. L. Moore, and divers others at different times prior to the aforesaid date of giving testimony that he, Marks Brilliant, knew who had robbed him, and that it was the boy at the ‘‘Nigger Tent’’ (meaning Algie Romargi). 4. That the testimony given as aforesaid by the said Marks Brilliant was material matter in the said case of The People of the State of California v. Algie Romargi, contrary to the form, force and effect of the statute in such case made and provided, and against [concluding as in Form No. 13]. (3.) In Proceedings Before Grand Jury. ALABAMA, Form No. 1810. (Precedent from Barnett v. State, 89 Ala. 165, 7 So. 414.) [Follow Form No. 10 to the *, and add:] Ben Barnett, on his examination as a witness before the grand jury of the said county, at the...... term, 19.., of the city court of Montgomery, duly sworn to testify by Tennent Lomax, solicitor for the county of Montgomery, who had author- PERJURY—BEFORE GRAND JURY. 1405 ity to administer such oath, in a case before said grand jury of the state of Alabama against Berry Johnson, for the criminal offense of obtaining the signature of said Ben Barnett by false pretenses, falsely swore that said Berry Johnson obtained his (said Barnett’s) signature‘ to a certain bill of sale of two yearlings belonging to said Ben Barnett, by stating to said Barnett that he was signing as a witness to another bill of sale from some person, unknown to the said grand jury, to said Berry Johnson, and that he knew nothing of having made a bill of sale of said yearlings to said Johnson; the matter so sworn to being material, and the testimony of said Ben Barnett in relation thereto being wilfully and cor- ruptly false, against the peace [concluding as in Form No. 10]. IOWA. Form No. 1811. (Precedent from State v. Schill, 27 Iowa 263.) [Follow Form No. 25 to the *, and add:] The said Zacharias Schill, heretofore, to-wit: On the ...... day GE ius , A. D..19.., in the county aforesaid, in a crimi- nal investigation then pending before the grand jury of said county, wherein one William Meyer, a justice of the peace of said county, was charged with oppression ia office, which said matter the said grand jury then and there had lawful power and authority to investigate, and he, the said Zacharias Schill, then and there, before the said grand jury, in due form of law, was sworn by John Palmer, then and there the foreman of the said grand jury, and took his corporal oath the truth to speak con- cerning the matters. charged against the said William Meyer, he, the said John Palmer, foreman of the said grand jury, then and there having lawful power and authority to administer the said oath to the said Zacha- rias Schill in that behalf; and the said Zacharias Schill, 1406 SPECIFIC CRIMES. being so duly sworn as aforesaid, then and there, upon his oath aforesaid, before the grand jury aforesaid, falsely, wilfully, corruptly and feloniously, did depose and swear, in substance and to the effect, following: I was arrested by a constable who had a warrant against me, and was brought before Justice Meyer. In the office there was a young woman named Anna Lillie; the justice asked me if I knew the woman; I said I knew her; Justice Meyer then asked me if I was ready to marry this woman; I said I would do no such a thing; the justice said I must marry the woman, Lillie, before I left the room, or pay a fine of $1,000, and be imprisoned in the penitentiary for five years. The justice then told me to stand up and take my place by the side of the woman. After I had done this, Mr. Meyer took my hand and by force placed it in the hand of the woman. The justice then said some words in English to me, which I could not understand, the justice then said to me in Ger- man, ‘‘ You are now married to this woman,’’ whereas, in truth and in fact, the said Justice Meyer did never at any time tell the said Zacharias Schill that he must marry the woman, Lillie, before he left the room, as he, the said Zacharias Schill, then and there well knew, and did not at any time tell the said Zacharias Schill that if he did not marry the woman, Lillie, he would have to pay a fine of $1,000, and be imprisoned in the penitentiary for five years, as he, the said Zacharias Schill, then and there well knew; and, whereas, the said Justice Meyer did never at any time take the hand of said Zacharias Schill by force. and place it in the hand of the woman, as he, the said Zacharias Schill then and there well knew, which said matter, so sworn to before the said grand jury by the said Zacharias Schill, was material matter in the investi- gation then going on before the said grand jury in refer- ence to the charge of oppression in office by the said William Meyer, then and there being heard by the said grand jury. PERJURY—BEFORE GRAND JURY. 1407 And so the grand jury of the county of Dubuque, in the name and by the authority of the State of Iowa, do say that the said Zacharias Schill, on the ...... day of beuuee , A. D. 19.., at Dubuque county aforesaid, before the grand jury of said county, by his own act and consent in manner and form aforesaid, falsely, wilfully, corruptly and feloniously did commit wilful and corrupt perjury. District Attorney in and for the 9th Judicial District. TENNESSEE. Form No. 1812. (Precedent from Lawson v. State, 71 Tenn., 3 Lea, 309.) [Follow Form No. 59 to the *, and add:] that Edward Lawson, late of said county, laborer, on the ...... day Ob oeseee , nineteen hundred and ...... , in the State and county aforesaid, feloniously, wilfully, maliciously, delib- erately, absolutely and corruptly swore falsely to a cer- tain matter as follows, before the Grand Jury of the Circuit Court then and there being held for the county and State aforesaid by the Honorable James G. Rose, Judge of the second judicial circuit of the State of Ten- nessee, duly elected by the qualified voters thereof, and commissioned by the Governor of said State, and the Grand Jury was then and there in session under the con- trol and supervision of the said Honorable James G. Rose, wherein and before whom it became and was mate- rial to inquire whether or not any one within the limits of the county aforesaid had been guilty of selling whisky without first having appeared before the County Court clerk and entering into bond and taking and subscribing to the oath, as the provisions of the act of assembly require, and the said Edward Lawson being then and there sworn by Ed. R. Hall, foreman of the said Grand Jury, under the direction and by the command of the said Judge, he, the said Ed. R. Hall, foreman as aforesaid, 1408 SPECIFIC CRIMES. having lawful authority to administer oaths on the holy evangelists of Almighty God the truth to speak, the whole truth and nothing but the truth, before the said Grand Jury, when, having first been sworn by Ed. R. Hall, fore- man as aforesaid, the said Edward Lawson feloniously, wilfully, deliberately, absolutely and corruptly swore then and there before the Grand Jury aforesaid, that he, the said Edward Lawson, had bought one pint of whisky from one Fanny Chambers, and that he, the said Edward Lawson, had paid her, the said Fanny Chambers, fifty cents for said pint of whisky, and which said swearing was material to the point under investigation by the said Grand Jury, and was knowingly, maliciously, feloniously, wilfully, deliberately, absolutely and corruptly false, and the said Edward Lawson then and there well knew the same to be false in point of fact when he deposed to it. And so the Grand Jurors aforesaid, upon their oath aforesaid, do present and say that the said Edward Lawson, on the day and year last aforesaid, in the State and county aforesaid, in the manner and form aforesaid, and by the means of the false swearing aforesaid, was guilty of felonious, wilful, deliberate, malicious, absolute and corrupt perjury, to the evil example of all like offend- ers, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the State. And the Jurors aforesaid, upon their oath aforesaid, do further present that Edward Lawson, on the ...... day OE va ae , 19.., in the State and county aforesaid, felo- niously, wilfully, maliciously, deliberately, absolutely and corruptly swore falsely to a certain matter as follows: A certain lawsuit or trial, wherein the State of Tennes- see was plaintiff and Fanny Chambers was defendant, was pending and came on for trial, and was tried at the eae term, 19.., in the Circuit Court for the county of Jefferson aforesaid, before the Honorable James G. Rose, Judge, etc., for the second judicial circuit of the PERJURY—BEFORE GRAND JURY. 1409 State of Tennessee, duly elected by the qualified voters thereof, and commissioned by the Governor of said State, and before a jury duly elected, impaneled and sworn 10 try the issue in said cause, and the said lawsuit or trial was within the jurisdiction of said Circuit Court, wherein and on the trial of said cause it became and was material to inquire whether or not the said Fanny Chambers had sold for a valuable consideration any whisky, contrary to the provisions of the act of assembly, and the said Edward Lawson being then and there sworn, on behalf of the plaintiff in said cause, by W. P. Hoskins, clerk of said Circuit Court, under the direction and by the command of the said Judge, he, the said W. P. Hoskins, having lawful authority to administer oaths, on the holy evan- gelists of Almighty God, the truth to speak, the whole truth and nothing but the truth, on said trial, when hav- ing first been so sworn, the said Edward Lawson felo- niously, wilfully, deliberately, absolutely and corruptly swore that he, the said Edward Lawson, had got a pint of whisky from her, the said Fanny Chambers, but that te had not paid her, the said Fanny Chambers, therefor, nor did he promise to pay her for the same, which said swearing was material to the point at issue on said trial, and was knowingly, maliciously, feloniously, wilfully, de- liberately, absolutely and corruptly false, and the said idward Lawson then and there well knew the same to be false in point of fact when he deposed to it. And so the Grand Jurors aforesaid, upon their oath aforesaid, do present and say that the said Edward Lawson, on the day and year last aforesaid, in the State and county aforesaid, in the manner and form as aforesaid, and by means of the false swearing, was guilty of felonious, wil- ful, deliberate, malicious, absolute and corrupt perjury, to the evil example of all like offenders, contrary to the form of the statute in such case made and provided, and against [concluding as in Form No. 59}. Crim. Proc. Forms—89 1410 SPECIFIC CRIMES. TEXAS, Form No. 1813. (Precedent from Pipes v. State, 26 Tex. App. 319.) [Follow Form No. 60 to the *, and add:] Isaiah Pipes, late of the county of Freestone, laborer, on the ...... day OF s.ace% , year of our Lord 19.., with force and arms in the county of Freestone, and State of Texas, did then and there personally appear before the duly organ- ized grand jury for said county, which was then and there in session for the ...... term, A. D. 19.., of the district court for said county, and of which said grand jury J. J. DeBorde was then and there the legally appointed fore- man, and the said Isaiah did then and there take his cor- poral oath, and was duly sworn as a witness before said grand jury, said oath being then and there duly admin- istered to him by the said foreman of said grand jury, who was then and there authorized by law to administer the same, which said oath was so administered for the cnds of public justice, whereupon it then and there be- came and was a material inquiry before said grand jury, and necessary for the administration of the criminal law of said State, whether the said Isaiah Pipes, in the county aforesaid, on or about the ..... day of ..... jhe 19: 5 in a fight with one Adam Durham, struck said Durham with anything but his fist, and whether said Isaiah Pipes cut said Durham, and whether said Isaiah Pipes used any knife or other weapon on him, the said Durham, in that fight; and whether said Pipes had in that fight any razor or any knife or sharp weapon; and the said Isaiah Pipes did, on the day hereinbefore first named, in said county, before and to said grand jury, under the sanction of said oath administered to him as aforesaid, wilfully and deliberately state and testify that he, the said Pipes, in the county aforesaid, on or about the ...... day of ss eats , 19.., in the fuss he had with Adam Durham, only struck said Adam with his fist, and that he, the said PERJURY—AT CRIMINAL TRIAL. 1411 Isaiah, never cut the said Adam at all; and that he, the said Isaiah Pipes, never used a knife or any other weapon on him, the said Adam, in that fight, and that he, the said Pipes, in that fight, didn’t have any razor, or any sharp weapon; whereas in truth and in fact, the said Isaiah Pipes, in the county and State aforesaid, on or about Said oo sas day of ..ss2 ,19..,ina fight with said Adam Durham, did strike said Adam Durham with some sharp weapon, and did cut said Adam, and did have and use a knife or some other weapon, on him, the said Durham, in said fight; which said statement so made by him, the said Pipes, before and to the said grand jury as afore- said, was wilfully and deliberately false, and the said Pipes knew the same to be false when he made it; against [concluding as in Form No. 60]. (4.) At Trial. XQ (a.) In General. CALIFORNIA. Form No, 1814. (Precedent from People v. Ah Bean, 77 Cal. 13.) [Follow Form No. 138 to the charging part, and add:] The said Ah Bean, on the ...... Ee OL paw ces «Ae D, 19.., at the said county of San Bernardino, state of Cali- fornia, having taken an oath before the superior court of the aforesaid county, Honorable H. M. Willis, judge presiding, that he would testify truly in said court, in a case then and there at issue, to-wit, the case of People v. Martine, a Chinaman, said oath being and having been administered by George L. Hisom, the clerk of said supe- rior court, who then and there had authority to adminis- ter such oath, did in a manner material to such issue, he, the said Ah Bean, defendant, having taken such oath as aforesaid, wilfully, corruptly, falsely, and feloniously state, declare, and testify the truth to be that Martine, 1412 SPECIFIC CRIMES. the defendant in the above-mentioned case, was at his, the defendant’s, house for supper on the evening of ...... ere , 19.., and from eight o’clock of that evening all night, and that said Martine did not leave his, defend- ant’s house, all of which was false, the defendant well knowing such statement to be false, contrary to the form [concluding as in Form No. 14}. (b.) Affray. NORTH CAROLINA, Form No. 1815. (Precedent from State v. Bobbitt, 70 N. C. 81.) [Follow Form No. 47 to the *, and add:] that at a Supe- rior Court, holden for the county of Warren, on the Ben O, apoio BEER LUG 2ogecc Atenas Ok cegeous ate BD. 19.., at the Court House in Warrenton, in said county, before the Honorable William A. Moore, Judge of the said Court, one Wiley G. Coleman and one George Bob- bitt, were in due form of law tried upon a certain indict- ment, then and there pending against them, by a certain jury of the Court then and there duly sworn and taken between the State and the said Wiley G. Coleman and George Bobbitt, in that behalf, for that they, the said Wiley G. Coleman and the said George Bobbitt, on the tsa day of ......, A. D.19.., with force and arms, at and in said county of Warren, did unlawfully assemble . together to disturb the peace of the State, and so being then and there, unlawfully assembled together, did mu- tually assault and beat each other, and to, with and against each other, in a public place, did fight and make an affray, to the terror and disturbance of divers citizens of the State, then and there being, in contempt of the State and of its law, and against the peace and dignity of the State. And the jurors aforesaid, upon their oath aforesaid, do further present, that upon the trial aforesaid, one PERJURY—AT CRIMINAL TRIAL. 1413 Stephen Bobbitt, late of said county, did then and there appear as a witness for and on behalf of the State, against the said Wiley G. Coleman and George Bobbitt, and that the said Stephen Bobbitt did then and there, in open Court, in the Court House aforesaid, before the said Judge, take his corporal oath, and was duly sworn upon the Holy Gospel of God, to speak the truth and the whole truth and nothing but the truth, touching the premises aforesaid [the said Judge then and there having compe- tent authority and power to administer the said oath to the said Stephen Bobbitt], and it then and there became and was a material question upon the trial of the said Wiley G. Coleman and George Bobbitt, whether the said Wiley G. Coleman did strike the said George Bobbitt, before the said George Bobbitt struck the said Wiley G. Coleman; and that it became and was then and there an- other material question upon the trial aforesaid, whether or not the said George Bobbitt retreated thirteen or twelve steps before he, the said George Bobbitt, struck the said Wiley G. Coleman. And the jurors aforesaid, upon their oath aforesaid present, that the said Stephen Bobbitt being sworn as aforesaid, wickédly devising and intending the due course of justice to pervert, and the said Wiley G. Coleman to injure, then and there, to-wit, on the ...... day Gf evcuws ; A. D. 19.., in the county aforesaid, before the said Judge in open Court in the Court House aforesaid, on the said trial, falsely, knowingly, wickedly, wilfully and corruptly, by his own act and consent, did depose and give in evi- dence to the jurors of said jury, so sworn and taken between the said State and the said Wiley G. Coleman and the said George Bobbitt, to the effect, and in sub- stance following: ‘‘Capt. Coleman [meaning said Wiley G. Coleman], struck George [meaning said George Bob- bitt], two or three times before George struck him,’’ [meaning the said Wiley G. Coleman]; and in substance and to the effect following: ‘‘George [meaning the said 1414 SPECIFIC CRIMES. George Bobbitt] gave back [meaning said George re- treated] thirteen or twelve steps before he struck Capt. Coleman’? [meaning said Wiley G. Coleman]; whereas, in truth and in fact, said Wiley G. Coleman did not strike George Bobbitt two or three times, or one time, before said George Bobbitt struck said Wiley G. Coleman. And the jurors aforesaid upon their oaths aforesaid, do say, that the said Stephen Bobbitt, at and upon said trial, to-wit, on the ...... day of ...... , in the year last afore- said, at and in the county aforesaid, in the Court House, and before said Judge [he, the said Judge, having then and there competent authority and power to administer the oath aforesaid, to said Stephen Bobbitt], unlawfully and designedly did commit wilful and corrupt perjury, contrary to the form of the statute, in such case made and provided, and against [concluding as m Form No. 47]. (c.) Carrying Concealed Weapons. ALABAMA, Form No. 1816, (Precedent from Williams v. State, 68 Ala, 552.) [Follow Form No. 10 to the *, and add:] Martha Wil- liams on her examination as a witness duly sworn on the trial of one Harmon Rainey in the City Court of Mobile, of said county, under an indictment for carrying a con- cealed weapon, to-wit: a pistol, which said court had authority to administer such oath, falsely swore that she did not say on the day before the said trial of the said Harmon Rainey, to or in the presence of Clara Godfrey, or Lizzie Washington, or Maria Hamilton, or at any time in their hearing, on Bloodgood street, between Joachim and Jackson streets, or anywhere else, that she never saw Harmon Rainey with a pistol, or that she would send him to the coal mines, or that she was going to court and swear against him, or that never, at any time, said in the hear- PERJURY—AT CRIMINAL TRIAL. 1415 ing of all or either of the said three women anything about Harmon Rainey’s case—the matters so sworn to being material, and the testimony of the said Martha Williams being wilfully and corruptly false, against the peace [continuing and concluding as in Form No. 10]. — (d.) Fornication, PENNSYLVANTA,. Form No. 1817. (Precedent from Com. v. Williams, 149 Pa. St. 55.) [Follow Form No. 55 to the *, and add:| That George Williams, late of the said county, yeoman, on the ...... day of cic.c: in the year of our Lord 19.., at the county aforesaid, and within the jurisdiction of this court, with force and arms, etce., did unlawfully, wilfully, corruptly, and falsely swear before Honorable Daniel W. Searle, president judge of the courts of Susquehanna county, specially presiding at a session of the court of quarter sessions of the peace, then and there being held, the said oath being duly administered to the said George Williams according to law by the said James Beamish, he, the said James Beamish, being then an officer of said court, and then and there having competent authority to administer the same, and it being then and there material for the said judge holding court as aforesaid to know among other things, whether said George Williams had had sexual intercourse with a certain Hannah Deacle, and had committed fornication with her, which facts were in- quired into in a certain issue then and there pending; and the said George Williams having been duly sworn, according to law, did then and there swear, that then she [Hannah Deacle meaning] told me in the way she was, and I told her I was innocent of the charge [the charge of fornication meaning] that she was preferring on me, and I wasn’t going to have anything to do with her at all, she says to me that she was in that way [that she 1416 SPECIFIC CRIMES. was pregnant meaning], and asked me if I wasn’t going to stand by what I had done. I asked her what I had ‘done and she told me that it was me that done it [mean- ing the act of sexual intercourse by which the child was begotten], and I told her it wasn’t me that done it, and I wasn’t going to stand by anybody else’s doing. I didn’t have anything to do with it. Question: Whether or not you ever had connection with this girl [Hannah Deacle meaning]. Answer: No, sir; didn’t have no connection [sexual intercourse meaning] with her [Hannah Deacle meaning]. Whereas, in truth and in fact the said George Williams did have the ‘sexual intercourse with said Han- nah Deacle, and committed fornication with her, and was the father of her child. And so the grand inquest aforesaid, on their oaths and affirmations aforesaid, do say, that the said George Wil- liams on the day and year aforesaid, at the county afore- said, and within the’ jurisdiction of this court, before the said judge holding court as aforesaid, unlawfully, wilfully, and corruptly did commit wilful and corrupt perjury, in manner and form aforesaid, contrary to the form of the act of the general assembly in such case made and provided, and against the peace [continuing and con- cluding as in Form No. 55]. (e.) Larceny. CALIFORNTA. Form No, 1818. (Precedent from People v. De Carlo, 124 Cal. 463, 57 Pac. 383.) [Venue and Title as in Form No. 13, and add:] Walter De Carlo is accused by the district attorney of Yolo county, by this information, of the crime of perjury, com- mitted as follows, to-wit: That the said Walter De Carlo, on or about the ...... day’ Of vi2ex: ,19.., at Woodland, in the county of Yolo, state of California, then and there being, did, having taken an oath then and there by and PERJURY—IN MURDER TRIAL. 1417 before the Honorable A. C. Ruggles, a justice of the peace in and for Woodland township, Yolo county, state of California, duly elected, qualified, and acting, and being entitled under the laws of the state of California to administer oaths in such matters and proceedings, that he would then and there testify truly before said justice of the peace, wilfully, unlawfully, and feloniously, and contrary to such oath, state as true [setting forth the testimony given by him]; but the said statement so made as aforesaid by said defendant was then and there false and untrue, and was at the time of making thereof by said defendant known by said defendant to be so false and untrue. And said oath was so taken, and said false statement was taken and made in open court and during the pen- dency and as a part of the evidence in criminal case then and there pending before said Judge Ruggles, entitled, “The People of the State of California versus Walter De Carlo,’’ upon a criminal complaint charging the said Walter De Carlo with petit larceny, and said false state- ment and oath was then and there material to the issues tendered in said cause; contrary to the form [concluding as in Form No. 13]. (f.) Murder. ALABAMA, (Crim. Code, 1896, § 5198.) Form No. 1819. [Follow Form No. 10 to the *, and add:] John Doe on his examination as a witness, duly sworn to testify on the trial of one Richard Roe, in the Circuit court of Dale county, under an indictment for the murder of one Al Jones, which said court had authority to administer such oath, falsely swore [stating the facts], the matters so sworn to being material, and the testimony of the said John Doe being wilfully and corruptly false, against the _peace [concluding as in Form No. 10]. 1418 SPECIFIC CRIMES. KENTUCKY. (Stats., 1894, § 1173.) Form No. 1820. (Precedent from Bullitt’s Crim, Code, 1895, p. 147, No. 7.) [Follow Form No. 27 to the *, and add:| John Doe of the crime of perjury, committed as follows, viz.: The said John Doe, on the ...... day Of .sc0vs , 19.., in the county aforesaid, having been duly sworn in the Franklin circuit court, by the judge (or clerk) thereof, who had authority to administer such oath, to testify the truth as a witness on the trial in said court of Richard Roe, under an indictment for murdering Samuel Short, did wilfully, falsely, and feloniously and against the peace and dignity of the Commonwealth of Kentucky, testify that he had seen [wnserting statements alleged to be false], though he had not seen [negativing those statements by special averments] and the said testimony being material in the said case, against the peace and dignity [concluding as in Form No. 27]. MICHIGAN, Form No, 1821. (Precedent from People v. Macard, 109 Mich. 625, 67 N. W. 968.) [Follow Form No. 1321 to the *, and add:| That one William Macard, late of the township of Wyoming, in the county of Kent, aforesaid on, to-wit, the ...... day Sl hernas , A. D.19.., at the city of Grand Rapids, in the county of Kent, aforesaid, at a session of the Superior court of,Grand Rapids, at the superior court room in the city hall of said city, before the Honorable Edwin A. Burlingame, then being judge of the superior court of Grand Rapids, aforesaid, a certain issue before then duly joined in the said court between the people of the State of Michigan and one Charles Macard, then being charged in an information duly filed in said court by the prosecut- PERJURY—IN MURDER TRIAL. 1419 ing attorney of said county with a capital crime, to-wit, the crime of murder, upon a plea of not guilty, duly entered in said cause by order of said court, came on to be tried in due form of law, and was then and there being tried by a jury of the city of Grand Rapids, in said county, in that behalf duly sworn and taken between the parties aforesaid, upon which trial the said William Macard, late of the township of Wyoming, in said county, then and there appeared as a witness for and in behalf of the said Charles Macard, and was then and there duly sworn and took his corporal oath on, to-wit, the ...... Gay OF waukss , A. D. 19.., before the said Honorable Edwin A. Burlingame, judge of the superior court of Grand Rapids, aforesaid, that the evidence [testimony] which he, the said William Macard, should give to the court there, and to the said jury so sworn as aforesaid, touching the matter in question material to the issue then being tried between the people of the State of Michi- gan and the said Charles Macard, should be the truth, the whole truth, and nothing but the truth, the said oath then and there being administered in due form of law before the said Honorable Edwin A. Burlingame, judge of the superior court of Grand Rapids, aforesaid, by one Fred J. Adams, then being the clerk of the said superior court of Grand Rapids, aforesaid, he, the said Fred J. Adams, clerk of said court, aforesaid, then and there having sufficient power and authority to administer the said oath to the said William Macard in that behalf, and the said oath then and there being material to said issue then and there being tried, and then and there an oath required by law to be administered to witnesses in said court. That at and upon the trial of the issue so joined be- tween the people of the State of Michigan and the said Charles Macard it then and there became and was a material question whether a certain Henry Prame passed the night of the ...... day Or oo eess , A. D. 19.., in com- 1420 SPECIFIC CRIMES. pany with the said Charles Macard, and whether any person other than Henry Prame passed the night of the Muskeg day of .....:, A. D. 19.., with and in company with Charles Macard, aforesaid. That the said William Macard, being so sworn as aforesaid, contriving and in- tending to prevent the due course of law and justice, and to unjustly aggrieve the people of the State of Michigan, the plaintiff in said issue, then and there, on the trial of the said issue, upon his oath aforesaid, before the said Honorable Edwin A. Burlingame, then judge of the supe- rior court of Grand Rapids, and before the said jurors so sworn as aforesaid, falsely, corruptly, knowingly, wil- fully, and maliciously did depose and swear, amongst other things, in substance and to the effect following; that is to say, in answer to questions then and there put to him by counsel: ‘‘Charles,’’ thereby then and there meaning the said Charles Macard, defendant in said issue, ‘‘was there,’’ thereby then and there meaning at the residence of his mother, in the township of Wyoming, in the county of Kent, and State of Michigan, ‘‘on ...... night,’’ thereby and then and there meaning ...... night, the ssacxs day of ...... , A. D.19.. ‘That another man who had been subpoenaed, but who was not in at- tendance on the court, passed the night of the ...... of SaeanG , A. D. 19.., with the said Charles Macard at the residence of his mother’’ (she being the mother of said witness and the said Charles Macard), ‘‘in the township of Wyoming, in said county.’’ That a man called ‘‘Prame,’’ who was known to the said William Macard as ‘‘Hank,’’ was not seen about and did not stay at the residence of said William Macard’s mother, in the town- ship of Wyoming, in the county aforesaid, any time after three, four, or five o’clock on the afternoon of ...... , the ore day of ......, A.D. 19.. That the man who did stay at the residence of his, William Macard’s, mother, in the township of Wyoming, aforesaid, on the night of (NG: 9224 ee ey OE weave , A. D. 19.., and who passed the PERJURY—IN MURDER TRIAL, 1421 night of the said ...... day Of sxeuwe ,19.., with and in company with said Charles Macard, was one Loren Lew- ellen, as sworn and deposed to by the said William Ma- card; but thereby then and there meaning Oren Lewellen, being one, the same, and identical person, but whose given name is Oren, and not Loren. Whereas, in truth and in fact, the said Henry Prame did pass the night of the ...... Hay Of sexes , A. D.19..; in company with the said Charles Macard, at the resi- dence of kis, the said William Macard’s, mother, in the township of Wyoming, in the county aforesaid, and that another man who had been subpoenaed, but who was not in attendance on the court aforesaid, did not pass the night of the ...... day of .e.c.. , A. D.19.., at the resi- dence of his, said William Macard’s, mother, in the town- ship of Wyoming, in the county aforesaid, with and in company with said Charles Macard. That Loren Lewel- len, being the said Oren Lewellen, only one and the same person as aforesaid, did not stay at or pass the night of Hie cuneey day of sewius , A. D. 19.., at the residence of his, said. William Macard’s, mother, in the township of Wyoming, aforesaid, in said county, in company with said. Charles Macard, and that said Lewellen was not there at any time during the day or night of the said ...... day GI 238k. 5 is Ds 19. Whereby and wherein the said William Macard, on the BAIA hs wae day Of w.cee: , A. D. 19.., at the city of Grand Rapids, in the county and State aforesaid, before the said Honorable Edwin A. Burlingame, judge of the superior court of Grand Rapids, at a session of said supe- rior court of Grand Rapids, held at the superior court room in the city hall of said city, and at the trial of the issue aforesaid, he, the said Honorable Edwin A. Bur- lingame, judge as aforesaid, then and there having power and jurisdiction to hear, try, and determine the said issue then and there being tried between the people of the State of Michigan and the said Charles Macard, and he, the said 1422 SPECIFIC CRIMES. Fred J. Adams, clerk of said court, then and there having sufficient power and authority to administer the said oath as aforesaid, and said oath then and there being material to said issue, and required by law as aforesaid, by his own act and consent, and before the said jury so sworn as aforesaid, and of his own most wicked and corrupt mind, in manner and form as aforesaid, falsely, wickedly, wil- fully, and corruptly did commit wilful and corrupt per- jury; contrary to the form of the statute in such case made and provided, and against the peace and dignity [concluding as in Form No. 32]. TEXAS. Form No. 1822. (Precedent from Kitchen v. State, 26 Tex. App. 166.) [Follow Form No. 60 to the *, and add:] that Dave Kitchen, on the ...... day Of .0s0s , A. D. 19.., in the county and State aforesaid, in the district court for said county, then in session, and of which said court H. Clay Pleasants was then and there the legally qualified judge, there was pending a certain criminal judicial proceeding, wherein the State of Texas was plaintiff and Berry Milli- gan and Elmira Jones were the defendants, wherein the said Berry Milligan and Elmira Jones were duly and le- gally charged by indictment with having, on the .... day of ...., A. D.19.., in the county and State aforesaid, did with malice aforethought kill and murder one Jesse Jones, by then and there shooting him with a gun, against the peace and dignity of the State, and of which said judicial proceeding the said court then and there had jurisdiction and wherein issue was then and there duly joined between the said State of Texas and the said Berry Milligan and Elmira Jones, before the said judge, and a jury duly organized to try said issue, and Dave Kitchen did then and there personally appear before said court, and did then and there take his corporal oath, and was PERJURY—IN MURDER TRIAL. 1423 duly sworn as a witness in said cause, and oath being then and there duly administered to him by H. A. Nen- meyer, the clerk of said court, who was then and there authorized by law to administer the same, and which said oath was required by law and was necessary for the ends of public justice; whereupon it then and there became and was a material inquiry, before said judge and jury in the trial of said judicial proceeding, whether the said Berry Milligan and Elmira Jones, or either of them, did, on the said day and date, and in the county and State aforesaid, with malice aforethought, kill and murder the said Jesse Jones, by then and there shooting him with a gun; and the said Dave Kitchen did then and there, before said judge and jury, upon the trial of said cause, under the sanction of said oath, administered to him as aforesaid, wilfully and deliberately state and testify that the said Berry Milligan did, about the hour of sunrise, on the morning that the said Jesse Jones was shot and killed, come to the house then and there occupied by one Lucinda McIntyre, in said county of Victoria, where he, the said Dave Kitchen, then and there was—with a gun— and that he, the said Berry Milligan, did then and there state to him, the said Dave Kitchen, that he, the said Berry Milligan, had a short time previously shot and killed the said Jesse Jones, with the said gun; and which said statement was material to the issue in said cause; whereas in truth and in fact the said Berry Milligan did not, about the hour of sunrise on the day Jesse Jones was shot and killed, go to the house then occupied by Lucinda McIntyre, in said Victoria county, with a gun; and whereas in truth and in fact the said Berry Milligan did not at said time and place, or at any other time or place, state to him, the said Dave Kitchen, that he, the said Berry Milligan, had a short time previously, or at any time, shot and killed Jesse Jones with a gun or any other firearm; whereas, in truth and in fact, the said Berry Milligan, about the hour of sunrise, on the morn- 1424 SPECIFIC CRIMES. ing that Jesse Jones was shot and killed, was at or near the house of one Antone Bishop, in said Victoria county ; which said statement so made by the said Dave Kitchen, as aforesaid, was wilfully and deliberately false, and the said Dave Kitchen knew the same to be false when he made it. Against the peace [concluding as mm Form No. 60]. (g.) Theft, TEXAS, Form No. 1823. (Precedent from Washington v. State, 22 Tex. App. 27.) [Follow Form No. 60 to the *, and add:] that William Washington, on the ...... day of the month of ...... , in the year of our Lord 19.., in said county of Bexar and State of Texas, in the District Court of said county, then in session, and of which said court George H. Noonan was then and there the legally qualified judge, there was pend- ing a certain criminal judicial proceeding, wherein the State of Texas was plaintiff and one Jack Green was the defendant, wherein the said Jack Green was duly and lerally charged by indictment with having, on the ...... day Of vxsx.s , A. D. 19.., in said county of Bexar and State of Texas, committed the offense of theft from the person of one Bodo Meyer, by then and there fraudu- lently and feloniously and privately stealing, taking and carrying away from the person and possession of the said Bodo Meyer nine silver dollars of the current silver coin of the United States of America, each of the value of one <3dollar, and all of the total aggregate value of nine dol- lars, without the knowledge or consent of him, the said Bodo Meyer, the money and property of him, the said Bodo Meyer, and with the fraudulent and felonious intent to deprive the said owner of the value thereof, and to appropriate the same to the use and benefit of him, the said Jack Green, contrary to the statute and against the —_ PERJURY—IN CRIMINAL TRIAL. 1425 peace and dignity of the State; and of which said judicial proceeding the said court then and there had jurisdic- tion, and wherein issue was then and there duly joined between the State of Texas and the said Jack Green, be- fore the said judge and jury, duly organized to try the said issue; and he, the said William Washington, did then and there personally appear before said court, and did then and there take his corporal oath, and was duly sworn as a witness in said cause, said oath being then and there duly administered to him by George R. Dashiell, the clerk of said court, who was then and there authorized by law to administer the same, and which said oath was required by law and was necessary for the ends of public justice; whereupon it then and there became and was a material inquiry before said judge and jury in the trial of said judicial proceedings, whether he, the said William Wash- ington, had been sent by one Rhody Thomas to the county jail in Bexar county, Texas, at any time within two weeks after the ...... day Of po.css , A. D.19.., as the bearer of a message from her, the said Rhody Thomas, to the defendant in said judicial proceeding, telling the said defendant in said judicial proceeding that she was not a witness for the State in said judicial proceeding, and knew no fact connected with the same; and thereupon it then and there further became and was a material in- quiry before said judge and jury in the trial of said judi- cial proceeding, whether he, the said William Washing- ton, was confined in the city jail of the city of San Antonio, Texas, as a prisoner, from the ........ day of pba ,A.D.19.., to the ........ Gay OL ae enxasg eee Ly 19..; and the said William Washington did then and there, before said judge and jury, upon the trial of said cause, under the sanction of said oath, administered to him as aforesaid, wilfully and deliberately state and tes- tify that she, the said Rhody Thomas, had sent him, the said William Washington, to the county jail of Bexar county, Texas, within two weeks after the said ...... day Crim. Proc. Forms—90 1426 SPECIFIC CRIMES. OF een soews , A. D.19.., as the bearer of a message from her, the said Rhody Thomas, to the said Jack Green, the defendant in said judicial proceeding, telling the said defendant that she, the said Rhody Thomas, was not a witness for the State in said judicial proceeding, and knew no fact connected with the same, and that he, the said William Washington, was not confined in the city jail of the city of San Antonio as a prisoner for any time after the ...... Cay 08 os anscs , A. D.19.., and which said statement was material to the issue in said cause; whereas, in truth and in fact, he, the said William Wash- ington, had not been sent by her, the said Rhody Thomas, to the county jail of Bexar county, Texas, at any time within two weeks after the ....... day 0f 6.246 se LD, 19.., as the bearer of a message from her, the said Rhody Thomas, to the said Jack Green, telling the said Jack Green she was not a witness for the State in said judi- cial proceeding, and knew no fact connected with the same; whereas, in truth and in fact, he, the said William Washington, was confined in the city jail of the city of San Antonio, Texas, as a prisoner, from the ...... day sre pA De 19g TOTNES cae srs Gay Ol no:sa5% ¥ 0% <5 which said statement so made by the said William Wash- ington, as aforesaid, was wilfully and deliberately false, and the said William Washington knew the same to be false when he made it, contrary [concluding as in Form No. 60]. (h.) Violation of Liquor Law. MISSISSIPPI. Form No. 1824, (Precedent from State v. Jolly, 73 Miss, 42, 18 So. 541.) [Follow Form No. 35 to the *, and add:] that on the ere of ......, 19.., in the second district of Chick- asaw county, State of Mississippi, a certain issue was joined between the said state and S. J. Jolly, upon an PERJURY—IN CRIMINAL TRIAL. 1427 indictment against him for unlawfully selling vinous and spirituous liquors, in the circuit of the second district .of Chickasaw county, of which cause the said court had jur- isdiction, and that on the said day, at the regular ....... term of the circuit court of said district, held at the courthouse thereof by the Hon. Newman Cayce, circuit judge of said court, who was by law authorized to hold said court, the said issue and cause between the said state and the said S. J. Jolly came on to be tried, and was then tried in due form of law by a jury of the second district, in that behalf duly taken and sworn, between the said par- ties; and upon the said trial upon the issue aforesaid, the said 8S. J. Jolly did then and there appear and tender himself as a witness in his own behalf, and was received to give evidence on behalf of himself, and did then, be- fore the said court, take his corporal oath, and was then duly sworn by L. F. Baskin, clerk of said court, who, by law, was authorized to administer said oath, that the evidence he, the said Jolly, should give to the court and jury, sworn between the parties aforesaid touching the matters in question in said issue, should be the truth, the whole truth, and nothing but the truth; and thereupon on the trial of the said issue it became and was a material question and matter in the same whether the said Jolly Cid, OM s.ivew ese sn , 19.., in the second district of Chickasaw county, State of Mississippi, sell vinous and spirituous liquors; and that thereupon the said Jolly, being so sworn as aforesaid, devising and intending to cause and procure a verdict to pass for him, did then and there, to-wit, on the said ....... .....--. , 19.., upon the trial aforesaid, before the said court and jury, falsely, feloniously, wilfully, knowingly, corruptly and wickedly, and by his own proper act and consent upon his oath aforesaid, depose, swear and give evidence to the jury, so sworn as aforesaid, amongst other things, in sub- stance and to the effect following; that is to say, that he, the said S. J. Jolly, did not sell vinous and spirituous 1428 SPECIFIC CRIMES. liquors in the second district of Chickasaw county, State of Mississippi, on the ..... day Of nwwswes% , 19.., whereas, in truth and in fact, the said 8. J. Jolly did, on ........ ee , 19.., in the second district of Chickasaw county, State of Mississippi, sell vinous and spirituous liquors, all of which he, the said Jolly, well knew, and so the grand jurors aforesaid, upon their oaths aforesaid, do say and present that the said Jolly, on the trial of the said issue, on the day and year aforesaid, and before the court aforesaid, falsely, maliciously, wickedly, knowingly, cor- ruptly and feloniously, in manner and form as aforesaid, did commit wilful and corrupt perjury, against [conclud- ing as in Form No. 35]. NORTH CAROLINA. Form No. 1825. (Precedent from State v. Peters, 107 N. C. 877, 12 S. E. 74.) [Follow Form No. 47 to the *, and add:] that George Peters, of Guilford County, did unlawfully commit per- jury upon the trial of an action in the Mayor’s Court of the city of Greensboro, before James W. Forbis, Mayor, in Guilford County, wherein the State was plain- tiff and Amos Phillips was defendant, by falsely assert- ing on oath that he [meaning the said George Peters], had not purchased any spirituous liquors from Amos Phillips less than half a pint on ...... i tawenae Anas knowing the said statement to be false or being ignorant whether or not said statement was true, against the form of the statute in such case made and provided and against [concluding as nm Form.No. 47]. PERJURY—IN JUSTIFYING AS BAIL, 1429 (5.) In Justifying as Bail. MASSACHUSETTS, Form No. 1826. (Precedent from Com. v. Sargent, 129 Mass. 115.) [Follow Form No. 31 to the *, and add:] that on the Shins dees day of ....... in the year of our Lord one thou- sand nine hundred and ...... , at Boston, in the county of Suffolk, one Josie Bradley was lawfully apprehended and arrested upon the charge and offense of being a common night-walker, theretofore and then committed by her, said Bradley, in said Boston; and in a convenient place, to-wit, the station-house situated on Joy Street in said Boston, duly and legally kept in custody upon the charge afore- said; that on said ...... day of said ...... , and while said Bradley was held in custody in said station-house, upon the charge aforesaid, said Bradley made due ap- plication to Charles A. Barnard, Esquire, a bail commis- sioner within and for said county legally authorized and duly qualified to take bail in criminal cases in said county, to be admitted to bail; that upon the hearing and exami- nation it then and there appeared to said Barnard, as such commissioner, that the Municipal Court of the city of Boston had jurisdiction of the charge and offense upon which said Bradley had been so arrested and appre- hended as aforesaid, and of the person of said Bradley; and said Bradley was then and there lawfully ordered by said Barnard, as such commissioner, to recognize, with surety in the sum of two hundred dollars, personally to appear before the Municipal Court in the City of Boston, then next to be holden at said Boston, for the transaction of criminal business, on the ...... day of said ...... , at nine of the clock in the forenoon, there to answer to the charge aforesaid, and also in like manner personally to appear at any subsequent time or term of said court, to which the consideration of the charge might by said 1430 SPECIFIC CRIMES. court be continued, if not previously surrendered or dis- charged; and so from time to time and term to term until the final decree, sentence or order of said court thereon, and to abide such final decree, sentence or order of said court thereon, and not to depart without leave; that thereafter, to-wit, on said ...... day of said ...... , and before the expiration of twenty-four hours from the time when said Bradley was so arrested upon the charge and offense as aforesaid, at said Boston, before said Charles A. Barnard, Esquire, a commissioner as aforesaid within and for said county of Suffolk, legally authorized and duly qualified to take bail in criminal cases in said county, one James L. Sargent, of said Boston, offered himself as bail and surety for said Bradley, as required by said order; that said Sargent was then and there lawfully required by said commissioner, pursuant to the course and practice of taking and approving bail, to make a writ- ten statement under oath, of his, said Sargent’s cireum- stances and property, the same being material to aid said commissioner in determining whether he would and should take and approve said Sargent as such bail and surety; that said Sargent, being then and there duly sworn by said commissioner to the requirement aforesaid, did then and there in pursuance of said requirement, make said statement, and did then and there, being so sworn as aforesaid, falsely, wilfully, knowingly and corruptly say, depose and swear in and by said writ- ten statement as follows, that is to say: ‘‘Common- wealth of Massachusetts, Suffolk, ss. Before Charles A. Barnard, commissioner to take bail in criminal cases in said county, I, James L. Sargent, of Cam- bridge, in the county of Middlesex and Common- wealth of Massachusetts, offer myself as surety in the sum of two hundred dollars for Josie Bradley. And I on oath depose and say that I am more than twenty-one years of age; that I reside in Cambridge in the county of Middlesex and Commonwealth afo:c- PERJURY—IN JUSTIFYING AS BAIL, 1431 said; that my residence is situated on Union Street in said Cambridge, and is numbered 24 [meaning twenty- four] on said street, and that I have personal estate in said Cambridge; that its value is not less than two thou- sand dollars; that it consists of five horses and divers carriages and harnesses, three of said horses being kept by me in a stable adjoining my said residence, No. 24 [meaning number twenty-four] Union Street, and two of said horses being kept at a stable in Broadway, all in said Cambridge, and that it is subject to no incumbrance; and that the amount of my debts and liabilities of every kind, absolute and conditional, does not exceed one hundred dollars, and that there are no unsatisfied judgments or executions standing against me, and that I am under no recognizance; that my credit is good, and that I am worth in good property not less than two thousand dol- lars, over and above all debts, liabilities and lawful claims against me, and all liens, incumbrances and lawful claims upon my property. James ft. Sargent.’? Whereas, in truth and in fact, said Sargent did not then have personal estate in said Cambridge of the value of not less than two thousand dollars, consisting of five horses and divers carriages and harnesses, and did not then and there own three horses, then being kept by him, in a stable adjoin- ing said residence; and did not then keep any horses in a stable adjoining said residence, and did not then keep ‘or own any horses in any stable on Broadway in said ‘Cambridge, and was not worth in good property not less , than two thousand dollars; all of which he, said Sargent, * at the said time when he so deposed and swore as afore- said, then and there well knew. And so the jurors afore- said, on their oath aforesaid, do present and say, that said James L. Sargent, on said ...... dag OF wacise , be- fore said Charles A. Barnard, Esquire, then and tiers having such power and authority as aforesaid, in manner and form aforesaid, did knowingly and wilfully commit 1432 SPECIFIC CRIMES. wicked and wilful perjury; against the peace [concluding as in Form No. 81]. (6.) On Motion for New Trial. “MASSACHUSETTS. Form No, 1827. (Precedent from Com. v. McLaughlin, 122 Mass. 449.) [Follow Form No. 81 to the *, and add:] that at a term of the Superior Court, begun and holden on the ........ Laesswlags of ......, in the year one thousand nine hundred and wneexe , at Boston aforesaid, holden for the transac- tion of criminal business in Boston, within and for said county of Suffolk, to-wit, on the ...... day of ...... ,in the year aforesaid, one John F. Costello duly filed his motion in writing, in said court, praying for a new trial to be granted him, said Costello, upon the ground, among others: of evidence therein set forth by affidavits, and alleged to be then newly discovered, upon a certain indict- ment then pending in said court, charging him, said Cos- tello, in several counts, with the crime of forgery, and of knowingly uttering forged bonds; upon all the counts of which said indictment, said Costello had lately, to-wit, within one year theretofore, been duly tried and found guilty by a jury of the county, but upon which indict- ment no sentence had then been passed, nor judgment given; that thereafter, to-wit, on the...... MaPOE oecaw in the year aforesaid, said motion was duly heard by and before the Honorable Waldo Colburn, one of the justices of said court, at his chambers, at said Boston; that at the said hearing it became, and was, a material matter of in- quiry, whether one Edward McLaughlin had written, on Fie cccwseies day Of waxien , in the year one thousand nine hundred and ......... , or at any time in said year last named, the words ‘‘Edward McLaughlin,’’ upon a certain hook called a hotel register, produced at said hearing, and then exhibited to said McLaughlin, and whether he, PERJURY—ON MOTION FOR NEW TRIAL, 1433 said McLaughlin, in the said last named year, saw any one, and if so, whom, write upon said book, at a certain inn in said Boston, called the New England House, the words, William P. Schell, appearing upon said book, and then viewed at said hearing by said McLaughlin [he being present thereat], and that at said hearing, before said justice, at Boston aforesaid, on said ........ day of eiewe , said Edward McLaughlin of said Boston, offered himself as a witness in said hearing, in behalf of said Costello, and was then and there duly sworn by said jus- tice to testify the truth, the whole truth, and nothing but the truth, in the matter aforesaid then in hearing; and that said McLaughlin, being so sworn, as aforesaid, did then and there knowingly, falsely, wilfully, and corruptly testify and say, in substance, as follows, that is to say: That in the said year last mentioned, he, said McLaugh- lin, was in said New England House, with one Frank Hayes, of said Boston, and that he, said McLaughlin, at said inn, wrote in said book the words ‘‘Hdward Mc- Laughlin,’’ and that at said time and place, when and where he, said McLaughlin, wrote said words, ‘‘ Hdward McLaughlin,’’? he, said McLaughlin, saw said Frank Hayes write said words ‘‘ William P. Schell,’’ upon said book, immediately before he, said McLaughlin, wrote his name thereon. Whereas, in truth and in fact, neither said Hayes nor said McLaughlin were in said inn to- ‘gether at any time, and said Hayes did not write at any time said words ‘‘William P. Schell’’; all of which said , McLaughlin at the time he so deposed and swore, as aforesaid, then and there well knew. And so the jurors aforesaid, upon their oath aforesaid, do present and say that said McLaughlin, on said ...... Gay of aoauxs , before said justice, having full power and authority, as aforesaid, in manner and form aforesaid, did commit wicked and wilful perjury; against the law, peace [concluding as im Form No. 81]. 1434 SPECIFIC CRIMES, TEXAS, Form No. 1828. (Precedent from Hernandez v. State, 18 Tex. App. 136, 51 Am. Rep. 295.) [Follow Form No. 60 to the *, and add:] that on the shoal day of the month of ......, A. D. 19.., in the dis- trict court of Bexar county and State of Texas, in cause number 1577 on the criminal docket of said court, entitled The State of Texas v. Louis Hernandez, the said Louis Hernandez was in due form of law tried upon an indict- ment then and there duly and legally depending in said court against him in the cause aforesaid, and of which said district court then and there had jurisdiction to try and determine, and in which said indictment he, the said Louis Hernandez, was then and there duly and le- gally charged with having on the...... day of the month Of eee , A. D. 19.., in the said county of Bexar and State of Texas, fraudulently and feloniously stolen, taken and carried away from the possession of Sam Barker, a certain horse, to-wit, a filly colt, the property of him, the said Sam Barker, without his consent, and with the fraudulent and felonious intent to deprive the said owner of the value thereof and to appropriate the same to the use and benefit of him, the said Louis Hernandez; that at and on the trial of the said Louis Hernandez on the said ...... day of ...... , A. D.19.., in the said dis- trict court of Bexar county, on the said indictment and charge aforesaid, in the cause aforesaid wherein the State of Texas was plaintiff and Louis Hernandez was defen- dant, the said Louis Hernandez was then and there in due and legal form and requirements of law tried and con- victed of the theft of said horse, to-wit, a filly colt as aforesaid, and his punishment therefor assessed at con- finement in the State penitentiary for the term of five years. That thereafter, to-wit, on the ...... GAY OE suis a A. D.19.., the said Louis Hernandez filed in the said dis- trict court of Bexar county his motion for a new trial in PERJURY-——ON MOTION FOR NEW TRIAL. 14385 the said cause number 1577, entitled The State of Texas v. Louis Hernandez; that, as a part of said motion for a new trial, and in support thereof, so made as aforesaid by the said Louis Hernandez in the cause aforesaid, one Pedro Hernandez, after being duly and legally sworn by one George R. Dashiell, the then and there duly elected, qualified and acting clerk of the district court in and for the said county of Bexar and State of Texas, and as such clerk of the district court aforesaid, was then and there duly and legally authorized and empowered to administer oaths and take depositions, on the .......... day of the month of ...... , in the year of our Lord 19.., in the said county of Bexar and State of Texas, did then and there deliberately, wilfully, corruptly, falsely, knowingly, vol- untarily and feloniously, under the sanction of his, the said Pedro Hernandez’s oath, duly and legally adminis- tered by him, the said George R. Dashiell, as clerk of the district court aforesaid, unto him the said Pedro Her- nandez as aforesaid, make a false statement in writing, by a voluntary declaration and oath, under circumstances in which an oath was required by law, and in and during the stage of a judicial proceeding in said criminal cause aforesaid numbered 1577 on the criminal docket of said district court of Bexar county, entitled The State of Texas v. Louis Hernandez, which said deliberate, wilful, corrupt, false, known, voluntary and felonious staferhent in writing, and voluntary declaration and oath aforesaid of him, the said Pedro Hernandez, then and there was, -and now is, in words and figures substantially as follows, that is to say: The State of Texas, County of Bexar. \ Personally appeared before me, Pedro Hernandez, who, after being duly sworn, upon his oath says that about six months ago one Blas Hernandez and Sostenes Carrasco and George de la Zerda said to me, ‘‘Let us brand a colt—a filly colt of Sam Barker, with the brand of Louis Hernandez, and afterward 1436 SPECIFIC CRIMES. notify Barker that Louis Hernandez had branded the filly.’’ I then said I would not do so, as Barker was my friend, and that I would look out for the stock of my friend, and it should not be done. Blas Herrera then said, ‘‘I will do it.’’ Afterward Sos- tenes Carrasco said, ‘‘We have [meaning Blas Herrera, Sostenes Carrasco and George de la Zerda] branded the filly of Barker with the brand of Louis Hernandez, and then killed the mare.’’ his Pedro X Hernandez. . mark Sworn to and subscribed before me this ...... day of ...... 19.. Geo. R. Dashiell, Cl’k D. C. B. C. That in said motion for a new trial so made as afore- said by the said Louis Hernandez, as aforesaid, wherein the State of Texas was plaintiff and Louis Hernandez was defendant, and the issue therein joined, it became then and there a material question and inquiry on the trial, hearing and disposition of said motion for a new trial, which said motion for a new trial the said district court of Bexar county, by and through the Honorable George H. Noonan, the duly elected, qualified and acting judge thereof, then and there had jurisdiction and au- thority to try and determine, whether or not the said Blas Hernandez [meaning Blas Herrera], Sostenes Car- rasco and George de la Zerda, said to him the said Pedro Hernandez: ‘‘Let us brand a colt, the filly colt of Sam Barker, with the brand of Louis Hernandez, and after- ward notify Barker that Louis Hernandez had branded the filly,’’ and whether or not the said Blas Herrera said to him, the said Pedro Hernandez, ‘‘I will do it’’ [mean- ing I will brand the colt of Sam Barker in the brand of Louis Hernandez], and whether or not Sostenes Carrasco said to the said Pedro Hernandez, ‘‘We have [meaning Blas Herrera, Sostenes Carrasco and George de la Zerda| branded the filly of Barker with the brand of Louis Hernandez, and then killed the mare’’; that the said Pedro Hernandez, after being duly and legally, PERJURY—ON MOTION FOR NEW TRIAL. 1437 sworn as aforesaid, wickedly combining, intending and contriving to pervert the ends of justice and the law, and to cause and secure the motion for a new trial in the cause aforesaid, so made as aforesaid by the said Louis Hernandez, to be granted by the court aforesaid, did, on the said ...... day of the month of ...... , A. D. 19.., in the said county of Bexar and State of Texas, deliberately, wilfully, corruptly, wickedly, falsely, know- ingly and feloniously make said false statement in delib- erate, wilful, corrupt, known, voluntary and felonious statement in writing, so made as aforesaid by the said Pedro Hernandez, by a voluntary declaration and oath as aforesaid, was then and there false, deliberate and wilful, and then and there was well known to him, the said Pedro Hernandez, to be so false, deliberate and wil- ful when so made as aforesaid. That in truth and in fact the said Blas Herrera, Sostenes Carrasco and George de la Zerda, never, at any time, said to Pedro Hernandez: ‘“‘Let us brand a colt, a filly colt of Sam Barker, with the brand of Louis Hernandez, and afterward notify Barker that Louis Hernandez had branded the filly’’; that in truth and in fact no such conversation was ever had, and no conversation of similar import was ever had at any time between the said Blas Herrera, Sostenes Car- rasco and George de la Zerda with the said Pedro Her- nandez; that in truth and in fact the said Blas Herrera did not say to the said Pedro Hernandez that ‘‘I will do it’’; that in truth and in fact the said Sostenes Carrasco never said to the said Pedro Hernandez: ‘‘We have [meaning Blas Herrera, Sostenes Carrasco and George de la Zerda] branded the filly of Sam Barker with the brand of Louis Hernandez, and then killed the mare’’; that in truth and in fact there never was any conversa- tion by and between the said Blas Herrera, Sostenes Car- rasco and George de la Zerda with the said Pedro Her- nandez with reference to the said colt of Sam Barker. 1438 SPECIFIC CRIMES. And so the grand jurors aforesaid, upon their oaths aforesaid, do say and present that the said Pedro Her- nandez, at the time and place aforesaid, in the manner and by the means aforesaid, and in the form aforesaid, did then and there commit wilful, deliberate, knowing and wicked perjury; contrary [concluding as in Form No. 60]. am. Contempt Proceedings. FEDERAL, Form No. 1829. (Precedent from United States v. Cuddy, 39 Fed. Rep. 696.) [Follow Form No. 74 to the charging part, and add:] after having taken an oath before the Honorable E. M. Ross, judge of said court, which oath was administered to the said Cuddy in open court on said day by E. H. Owen, the duly appointed, qualified and acting clerk of said court, he, the said Owen, as such, being then and there a person having competent authority to administer said oath; that in the matter then and there pending, en- titled ‘‘In the Matter of the Contempt of Thomas J. Cuddy,’’ he would tell the truth, the whole truth, and nothing but the truth, then and there wilfully, falsely, corruptly, and contrary to such oath, did state certain material matter in his testimony then and there adduced, in open court as aforesaid, at the time and in the manner aforesaid, being in words and substance as follows, to-wit: ‘‘I didn’t know that Mr. McGarvin or any other gentleman in particular, would be called on this occasion. [Meaning the trial of the case of the United States v. W. More Young, which was a criminal case pending against the sad Young wm the said court, and set for trial TOW anol bai Benen) ,19..] I never dreamed that he was to be a juryman, and don’t now. [Meaning a juror in the cause last above named.| I didn’t know Mr. MeGarvin was a juror. Didn’t know anything about it. Didn’t give PERJURY—-BY JUROR ON VOIR DIRE. 1489 the matter a thought. [Meaning that he, the said Cuddy, didn’t know that the said McGarvin was a petit, to-wit, a term-trial, juror in said court at the time and at the place first above named.] I had no idea that Mr. McGar- vin was one of them at this time. I didn’t know anything about it.’? [Meaning, by the words, ‘‘one of them,’’ one of the term-trial jurors duly impaneled and sworn in the said court as aforesaid.] Whereas, in truth and in fact, the said Thomas J. Cuddy did know that the said Robert McGarvin was a petit, to-wit, a term-trial, juror duly impaneled and sworn in said court, at all the times hereinbefore recited; and so the jurors aforesaid, upon their oath aforesaid, do say that the said Thomas J. Cuddy, on the said ...... day of 2.25. , in the year of our Lord one thousand nine hundred and ....... , in the said city of Los Angeles, county and state and district aforesaid, in the United States district court within and for the district of California, in open court as aforesaid, before the said E. H. Owen, being then and there a com- petent person to administer said oath, the laws of the United States authorizing said oath to be administered in said matter, by the said Thomas J. Cuddy’s own act and consent, in manner and form as aforesaid, did com- mit wilful and corrupt perjury, against the peace [con- cluding as in Form No. 74]. iv. By Jurymen on His Voir Dire. VIRGINIA. Form No. 1830. (Precedent from Com. v. Stockley, 10 Leigh 713.) [Venue as in Form No. 64, and add:] Be it remem- bered that Peter P. Mayo, attorney for the commonwealth of Virginia prosecuting in the Circuit Superior Court of Law and Chancery for the said county, cometh into the said court on the ...... day of the month of ...... ; in the year 19.., leave of the said court being first had 1440 SPECIFIC CRIMES. and obtained, and giveth the said court, in his own proper person, to understand and be informed, in behalf of the said commonwealth, that at the Circuit Superior Court of Law and Chancery begun and held for the said county of Northampton on the ...... of the said month of swe ee , in the year 19.., a certain issue was then and there pending between the commonwealth of Virginia and one William Garrison, in a certain plea of felony and larceny, which came on to be tried in due form of law; upon which trial a certain Charles B. Stockley, in the county aforesaid and within the jurisdiction of this court, was duly and legally called upon by George F. Wilkins, a deputy sheriff of said county, he the said Charles B. Stockley being then and there a bystander, as juror, to discharge the duties and functions of a juror in the said issue then and there pending between the said commonwealth and the said William Garrison in the said plea of felony and larceny, and he the said Charles B. Stockley was then and there duly sworn on his voir dire in the said Circuit Superior Court of Law and Chancery for the said county of Northampton, by the said court on the ...... day of the said month of ...... in the year aforesaid, and took his corporal oath upon the holy gospel of God, before the Honorable Abel P. Upshur, judge of the said Circuit Superior Court of Law and Chancery, for the said county of Northampton, then and there holding said court, the said Circuit Superior Court of Law and Chancery then and there having com- petent authority to administer the said oath to the said Charles B. Stockley in that behalf; and he the said Charles B. Stockley, after having duly sworn as afore- said, was interrogated and inquired of by the said Cir- cuit Superior Court of Law and Chancery for the said county of Northampton, on the said ...... Gaya aedue in the year aforesaid, whether he the said Charles B. Stockley had made up and expressed his opinion touch- ing the guilt or innocence of the said William Garrison PERJURY—BY JUROR ON VOIR DIRE. 1441 of the said lareeny and felony. And the said Peter P. Mayo giveth the court here further to understand and be informed that at and upon the trial of the said issue between the said commonwealth of Virginia and the said William Garrison, it then and there became and it was a material question and fact whether he the said Charles B. Stockley had made up and expressed his opinion con- cerning the guilt or innocence of the said William Garri- son of the said larceny and felony. And the said Peter P. Mayo giveth the said court further to understand and be informed that the said Charles B. Stockley, being so sworn as aforesaid, not regarding the laws of this commonwealth, and contriving and intending to. prevent the due course of law and justice, then and there, in, answer to the said interrogatory then and there pro- pounded to him by the said Circuit Superior Court of Law and Chancery for the county of Northampton aforesaid, upon his corporal oath aforesaid, wilfully, cor- ruptly, falsely and maliciously, before the said Honor- able Abel P. Upshur, then and there holding the said Circuit Superior Court of Law and Chancery for the county of Northampton aforesaid, did swear that he the said Charles B. Stockley had not made up and expressed his opinion touching the guilt or innocence of the said William Garrison of the said larceny and felony, whereas in fact and in truth he the said Charles B. Stockley had, before the said ...... day OF secess in the year afore- said, made up and expressed his opinion touching the guilt or innocence of the said William Garrison of the said larceny and felony; to the evil example of all others -in like case offending, and against the statute in such cases made and provided, and against the peace and dig- nity of the commonwealth. , Commonwealth’s Attorney. (Indorsements. ) Crim. Proc. Forms—91 1442 SPECIFIC CRIMES. b. Quasi-Judicial Proceedings. i. Before Board of County Commissioners. INDIANA. Form No. 1831. (Precedent from State v. Schultz, 57 Ind. 20.) [Follow Form No. 24 to the *, and add:] and charge, that, at the regular ...... term, 19.., of the board of commissioners of said county, to-wit, on the ...... day OF 2auees , in the year 19.., at said county, before John Erwin, Andrew J. Taylor and John Trisler, commis- sioners as aforesaid, a certain petition was filed before said board of commissioners, then and there in session as aforesaid, to establish a certain highway of twenty years’ standing, which said petition is in words and fig- ures following, to-wit: [Here set out a copy of petition.] Theat afterward, to-wit, on the day and date last afore- said and during the term aforesaid of the board of com- missioners aforesaid, the said board were then and there trying, and then and there did try, a certain issue, point and question, as to whether the pretended road or high- way described in the petition aforesaid had been in use for twenty years as a public highway, and was necessary to the convenience of the public that the same should remain open and maintained as such highway; which said proceeding by said board of commissioners was then and there in due form of law, the said board then and there having competent authority in that behalf; upon which said trial William Schultz then and there ap- peared as a witness for, on behalf of, said petitioners, to-wit, William Schultz, Frederick Sickman, Henry Kolle and Frederick Kroeger, whose names are signed to said petition; and the said William Schultz was then and there duly sworn, and took his corporal oath before said board of commissioners, which said oath was then and there administered to said William Schultz, by one John PERJURY—BEFORE LAND OFFICE. 1443 Nestor, who was then and there the auditor of said county, and then and there had competent authority in that behalf, that the evidence which the said William Schultz should give to the said Board of Commissioners, touching the matter then in question, should be the truth, the whole truth and nothing but the truth; and at and upon the trial of said issue, point and question, as afore- said, it then and there became a material question whether the road, or pretended road, described in said petition, had then and there been in use and maintained as a public highway for over twenty years; and the said William Schultz then and there, on the trial of said issue, point and question, upon his oath aforesaid, feloniously, wilfully, corruptly and falsely, before the board of com- missioners aforesaid, did depose and swear in substance and to the effect following, that is to say: that the said road in said petition described had been then and there in use and operation as a public highway for over twenty years; whereas in truth and in fact the said road so described in said petition as aforesaid had not then and there been in use for over twenty years, nor for more than twelve years, if indeed it had been in use as such; and so the jurors aforesaid, upon their oaths aforesaid, do say that the said William Schultz, on the said ...... GOP OL wesiey , in the year 19.., before the board of com- missioners aforesaid, upon the trial aforesaid, in manner and form aforesaid, did feloniously, wilfully, corruptly and falsely commit wilful and corrupt perjury, contrary to the form [concluding as in Form No. 24]. ii. Before United States Land Office. FEDERAL. Form No. 1832, (Precedent from Fisher v. United States, 1 Okla, 254, 33 Pac. 638.) [Commence as in Form No. 71, and add:] do further find and present that at and within said Oklahoma 1444 SPECIFIC CRIMES. county, in said State, on the ...... Gay Of sacies , in the year of our Lord one thousand nine hundred and ...... ; in the United States Land Office at Oklahoma City, in said county, of which said land office John H. Burford was then and there the Register, and John C. Delaney the Receiver, a certain land contest and cause was pend- ing and then and there came on to be tried wherein one Morgan Wright sought to have the homestead entry of one George W. Coffman for lots one, two, and three, four, five and six of section six, in township eleven, north of range three west of the Indian Meridian in said State, canceled and forfeited to the United States, and there- upon it then and there became and was a material ques- tion whether the said Morgan Wright had entered upen or occupied contrary to law any portion of the lands opened to settlement under the acts of Congress ap- proved in the ...... aNd o4c4ss days OF a2. respect- ively, in the year of our Lord one thousand nine hundred and ...... , and the proclamation of the President of the United States, dated the ...... day of ..+.. in the year last aforesaid, and prior to twelve o’clock noon of the sn Baek 3 day of ...... of the year last aforesaid, and it then and there became and was a material ques- tion where and with whom Morgan Wright was at and about twelve o’clock noon of the day last afore- said. And then and there George W. Fisher was produced as a witness in said land contest and cause, and as such witness in said land contest and cause -was then and there duly sworn to testify the truth, the whole truth, and nothing but the truth in said case, by the said John H. Burford, Register, he the said John H. Burford, Register, being then and there duly authorized and empowered under the laws of the United States of America to administer such oath, and being then and there a witness in said land contest and cause as afore- said, so duly sworn as aforesaid, the said George W. Fisher did knowingly, wilfully, corruptly, feloniously PERJ URY—BEFORE LAND OFFICE. 1445 and falsely testify, depose and say in substance and effect, that he, said Fisher, first met said Morgan Wright about one and one-half miles above Barrow’s Crossing on the south side of the South Canadian river in the Chickasaw reservation or country, on the morning of the day last aforesaid; and at or about noon. of said day the said Morgan Wright and said Fisher and Thos. Carr, and Mr. Murphy, Charley Fuller, Press Fuller, John Fuller, Jim Fuller, one Lingenfelter and others crossed said river at said crossing into the country so opened to settlement as aforesaid. Whereas in truth and in fact the said Fisher did not first meet said Morgan Wright about one and one-half miles above Barrow’s Crossing on the south of the South Canadian river, in the Chickasaw reservation or _ country, on the morning of the day last aforesaid; and whereas in truth and in fact the said Morgan Wright, Fisher, Thos. Carr, Mr. Murphy, Charley Fuller, Press Fuller, John Fuller, Jim Fuller and Lingenfelter did not nor did either of them so far as said Fisher then and there knew or believed, at or about noon of the day last aforesaid, cross said river at said crossing into the country opened to settlement, as aforesaid. In all of which particulars the testimony, statements and declarations so testified and deposed unto by the said George W. Fisher were then and there material mat- ter in and to the said contest and cause so instituted, begun and heard as aforesaid and were then and there not true, but false, and were then and there by the said George W. Fisher not believed to be true, but were then and there by him believed to be false. And so the grand jurors aforesaid do say that the said George W. Fisher on the ...... day Of .essss , in the year of our Lord one thousand nine hundred and ...... : at the county aforesaid, did knowingly, falsely, corruptly and feloniously commit wilful and corrupt perjury in and by his oath so taken as aforesaid, before the said J ohn 1446 SPECIFIC CRIMES. H. Burford, Register, the said John H. Burford, Regis- ter, then and there having sufficient and competent power and authority under the laws of the United States ‘of America to administer said oath to said George W. Fisher; contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America. eee err ee .., United States Attorney. 2. IN MAKING AFFIDAVIT OF NO PROPERTY SUBJECT TO TAXATION. INDIANA. (Horner’s Stats., 1896, § 6313.) Form No. 1833. [Follow Form No. 24 to the *, and add:] that one John Doe being then and there a citizen of Mount Vernon township, in said county of Posey, and being called upon by Samuel Short, said Samuel Short being then and there the duly elected and qualified assessor of said Mount Vernon township, to list his property for taxation, and he then and there claiming to have no property, it then and there became and was a material question whether the said John Doe then and there did have any property subject to taxation, and to list therefor, and the said John Doe did then and there unlawfully, feloniously, wil- fully, corruptly and falsely make oath before said Samuel Short as such assessor, the said Samuel Short then and there having lawful authority to administer such oath, that the written affidavit to which the said John Doe then and there subscribed his name and which set out that he had no such property was then and there true, the said affidavit being in the language following, to-wit [setting it out]; whereas in truth and in fact the said John Doe did then and there have property subject to taxation, and to be listed by said Samuel Short for taxation, as fol- PERJURY—IN CLAIM.AGAINST DECEDENT. 1447 lows, to-wit [setting out list of property], as the said John Doe then and there well knew, contrary to the form [concluding as in Form No. 24]. 3. IN SUPPORT OF CLAIM. a. Against Decedent’s Estate. TEXAS. Form No. 1834. (Precedent from Waters v. State, 30 Tex. App. 285.) [Follow Form No. 60 to the *, and add:] that J. H. Waters, late of the county of Bell, on the ...... day of Scieices , in the year of our Lord one thousand nine hun- dred and ...... , with force and arms, in the county of Bell and State of Texas, did then and there make his per- sonal appearance before J. J. Lowery, the said J. J. Lowery being then and there a justice of the peace within and for Bell County, Texas, and ex-officio notary public within and for said county, and as such officer he, the said J. J. Lowery, was then and there duly and fully authorized by law to administer oaths, and the said J. H. Waters having so made his personal appearance before said J. J. Lowery, did then and there take his corporal oath, and was then and there by said J. J. Lowery, acting as such justice of the peace and ex-officio notary public, duly sworn, said oath being then and there so adminis- tered, under circumstances in which an oath is required by law, and was then and there necessary to the prosecu- tion of a private right, and he, the said J. H. Waters, after being so sworn as aforesaid, and then and there under the sanction of said oath did then and there delib- erately, wilfully, and knowingly make a certain false, vol- untary statement, oath, and affidavit in writing and signed by him, and then and there relating to something past and also relating to something present, and being a written statement, affidavit, and oath material to the mat- 1448 ; SPECIFIC CRIMES. ters in relation of which the same was then and there material, in this, to enable and for the purpose of en- abling the said J. H. Waters to prove up according to law the following note and claim for money against the estate of Cora McMahon, deceased, which note and claim for money is as follows, to-wit: [Here set out a copy of the note. ] And said oath, sworn statement, and accompanying affidavit in writing attached to said note and claim for money against the estate of Cora McMahon, deceased, is as follows, to-wit: The State of Texas, County of Bell—Before me, the under- signed authority, on this day personally appeared James H. Waters, who after being by me duly sworn, upon his oath says that the foregoing and above attached. note against Cora Mc- Mahon, deceased, is within the knowledge of affiant just and true, and that all legal offsets, credits, and payments thereto have been fully allowed. James W. Waters. “ Subseribed and sworn to before me, this ...... day Of suases; A. D.19.. J. J. Lowery, J. P. Precinet No. 5, Bell County, Texas. Whereas, in truth and in fact the said above and fore- going note against Cora McMahon, deceased, is not, within the knowledge of said J. H. Waters, just. - Whereas, in truth and in fact the said above and fore- going note against Cora McMahon, deceased, is not, within the knowledge of the said J. H. Waters, true. ' Whereas, in truth and in fact the said above and fore- going note and claim against Cora McMahon, deceased, is not, within the knowledge of the affiant [J. H. Waters], just and true. Which said statements (and each and all of said statements) so made by the said J. H. Waters as aforesaid, were wilfully and deliberately false, and he, the said J. H. Waters, then and there well knew the same to be false when he made them, against the peace and dignity of the State. [Signature and mdorsements as in Form No. 60.] PERJURY—IN CLAIM AGAINST UNITED STATES, 1449 b. Against United States. FEDERAL, Form No. 1835. (Precedent from United States v. Buete, 2 Hayw. & H. 49, “Ped. Cas. No. 14680a.) [Commence as in Form No. 71, and add:] present that Henry Buete, late of the county aforesaid, laborer, falsely intended to defraud the U. S., and wickedly and maliciously contriving and intending to aggrieve and in- ‘jure the heirs and legal representatives of one William Brown, deceased, on the ...... ae OF casas 7 ABs og BE the county aforesaid, came in his proper person before one, Samuel Grubb, the said Samuel Grubb being a Jus- tice of the Peace, and for the County aforesaid, duly qualified and commissioned, and then and there in due form of law was sworn and took his corporal oath on the Holy Evangely of Almighty God, and then and there falsely swore on the Holy Evangely of Almighty God, [the said Samuel Grubb then and there having a lawful and competent power and authority to admimster such oath] that one George F. Brown was the brother of Wil- liam Brown, who was a first sergeant in Co. G, 3rd regi- ment of Artillery, in the Army of the United States, and that the said William Brown was never married, and left no father or mother, brother or sister other than the said George F. Brown, whereas in truth and in fact the said George F. Brown was not the brother of the said Wm. Brown. And the jurors aforesaid, on their oaths aforesaid, fur- ther present that the oath so taken falsely as aforesaid. by the said Henry Buete was material, in order to enable the said George F. Brown to obtain from the govern- ment of the U. S. certain county land, to which the said Wm. Brown, the deceased, was entitled, and that the said oath so taken falsely as aforesaid was taken in support of a claim against the U. S. 1450 SPECIFIC CRIMES. And the jurors aforesaid, on their oaths aforesaid, further present that at the time of his taking the oath aforesaid, the said Henry Buete well knew that the said George F. Brown was not the brother of the said Wm. Brown. And so the jurors aforesaid, on their oaths aforesaid, do say that the said Henry Buete, on the ..... OE asec ; 19.., at the county aforesaid, before the said Samuel Grubb, Justice of the Peace as aforesaid, [he, the said Samuel Grubb, then and there having such powers and authority as aforesaid] by his own act and consent, and of his own most wicked and corrupt mind, in manner and form aforesaid, feloniously, falsely, wickedly, wilfully and corruptly, did commit wilful and corrupt perjury, and feloniously, wickedly, wilfully and corruptly did swear falsely in support of a claim against the U. S., to the great displeasure of Almighty God, in contempt of the United States and their laws, to the evil and per- nicious example of all others in the like case offending, against the form of the statute in such case made and provided, and against the peace and government of the U. 8S. [Signature and indorsements as in Form No. 1805.] 4, FALSE SWEARING. a. In General. KENTUCKY. Form No. 1836. (Precedent from Bullitt’s Crim. Code, 1895, p. 149, No. 9.) [Follow Form No. 27 to the *, and add:] John Doe, of the crime of false swearing, committed as follows, viz.: The said John Doe, on the ...... day OF ckx ee: ,49.., in the county aforesaid, though he had promised to"pay the claim on which a judgment had been rendered against ‘him by the Franklin circuit court in favor of Richard PERJ URY—FALSE SWEARING ON CKIMINAL TRIAL. 1451 Roe, made an affidavit in writing and swore to it before a deputy clerk of said court; in which he wilfully, know- ingly, and falsely stated that he had never promised to pay said claim, against the peace [concluding as in Form No. 27]. b. On Criminal Trial. KENTUCKY. Form No. 1837. (Precedent from Bullitt’s Crim. Code, 1894, p. 149, No. 9.) [Follow Form No. 27 to the *, and add:] John Doe, of the crime of false swearing, committed as follows, viz.: The said John Doe, on the ...... Gay Gl axewss , say i the county aforesaid, having been duly sworn in the Franklin circuit court, to testify the truth as a witness upon the trial of Richard Roe, under an indictment for violation of his tavern-bond, and having seen a game of ecards played in said Richard Roe’s tavern-house, be- tween the ...... day of ...... gl9s<5 ANd The 2.26. day Oi wees es , 19.., in which money was bet, and won, and lost, and knowing that said Richard Roe had knowledge or information of said game, wilfully, knowingly, and falsely testified that he did not, between the dates last aforesaid, see any games or game of cards played in said house in which money was bet, or won, or lost, when said Richard Roe was present, or of which said Richard Roe had any knowledge or information so far as John Doe knew, against the peace [concluding as im Form No. 27]. 1452 SPECIFIC CRIMES. c. To Procure Marriage License. TEXAS. Form No. 1838. (Precedent from Harkreader v. State, 35 Tex. Cr. Rep. 244, . 60 Am. St. Rep. 40, 33 S. W. 117.) [Follow Form No. 60 to the *, and add:] that B. S. Harkreader, in the County of Johnson, State aforesaid, on the...... day of .sc.ss ,in the year of our Lord 19.., with force and arms did unlawfully, voluntarily, delib- erately and wilfully, under oath, then and there legally ad- ministered to him by O. L. Bishop, Deputy County Clerk of Johnson County, Texas, the said O. L. Bishop being then and there authorized by law to administer said oath, making the following voluntary and false statement, and declaration and affidavit, in writing signed by him, in the following words; that is: ‘‘The State of Texas, County of Johnson. I, B.S. Harkreader, do solemnly swear, that I am 21 years of age, and that Miss Ruby Lee Porter is 18 years of age, and that there are no legal objections to our marriage’’; and whereas, in fact and in truth, the said Miss Ruby Lee Porter was not 18 years of age, and there were legal objections to their marriage, which false statement was not required by law, and was not made in the course of a judicial proceeding; and the said B. S. Harkreader knew the same to be false at the time he made it, against the peace [concluding as in Form No. 60]. 5. SUBORNATION OF PERJURY. a. In General. MASSACHUSETTS, Form No. 18389. (Precedent from Davis’ Prec. 217.) [Follow Form No. 31 to the *, and add:] that Jane Doe, late of Lincoln, in the county of Middlesex, single woman, PERJURY—SUBORNATION OF PERJURY. 1453 OM thé «0.00. day Of c.00%% now last past, at Lincoln aforesaid, was pregnant with child, and that said child was likely to be born a bastard, and be chargeable to the said town of Lincoln in the said county of Middlesex; and that on the said ...... day Of saexas aforesaid, at Lincoln aforesaid, Richard Roe, of Lincoln, in the county of Middlesex, yeoman, being a person of an evil mind and disposition, and wickedly and maliciously contriving and intending to deprive one Samuel Short, not only of his good name, fame, and reputation, and to put him to great trouble and expense, but also to cause the said Samuel Short to be falsely charged with begetting the said Jane Doe with child, and with being the father of said child with which the said Jane Doe was then and there pregnant as aforesaid, did falsely, wickedly, know- ingly, wilfully, and corruptly solicit, suborn, and procure the said Jane Doe to go before Abraham Kent, Esq., then and still one of the justices of the peace in and for said county of Middlesex, duly and legally empowered and qualified to discharge and perform the duties of said office, and make oath that the said Samuel Short was the father of said child, with which she was then pregnant. And the jurors aforesaid, upon their oath aforesaid, do further present, that in consequence, and by the means, encouragement, and effects of the said wicked and cor- rupt subornation and procurement of the said Richard Roe, she the said Jane Doe afterwards, to-wit, on the same ...... Gay Of a. 660% , in the year aforesaid, at said Lincoln, in the county aforesaid, did go in her proper person before the said Abraham Kent, Esq., being such justice as aforesaid, and having then and there sufficient and competent power and authority to administer an oath and take the examination of the said Jane Doe here- inafter mentioned; and the said Jane Doe was then and there sworn before the said Abraham Kent, Hsq.; and the said Jane Doe, being so sworn as aforesaid, and being then and there lawfully required to depose the truth in a 1454 SPECIFIC CRIMES. proceeding in a course of justice, by the means and in consequence of the said wicked solicitation, subornation, and procurement of the said Richard Roe, did then and there, upon her oath aforesaid, before the said Abraham Kent, being such justice as aforesaid, falsely, wickedly, wilfully and corruptly say, depose, and swear, and give in her examination in writing, and under oath, as fol- lows [here copy and insert the examination verbatim, with proper innuendoes]; whereas, in truth and in fact, the said Richard Roe, at the time of soliciting, suborning, and procuring the said Jane Doe corruptly and falsely to swear as aforesaid, well knew that the said Samuel Short was not the father of the said child, with which she was then pregnant as aforesaid. And so the jurors afore- said, upon their oath aforesaid, do say that the said Richard Roe, then and there, in manner and form afore- said, did falsely, knowingly, wilfully, and corruptly commit subornation of perjury, by wilfully, falsely, knowingly and corruptly suborning and procuring the said Jane Doe to commit wilful and corrupt perjury, in and by her oath aforesaid, in manner and form afore- said; against the peace and dignity of the said Common- wealth, and contrary [concluding as in Form No. 81]. b. Attempt to Suborn. IOWA. Form No. 1840. (Precedent from State v. Waddle, 100 Iowa 57, 69 N. W. 279.) [Follow Form No. 25 to the *, and add:] That said W. B. Waddle, on or about the ...... Bay OF ews , in the year of our Lord one thousand nine hundred and vere , in the county aforesaid, and state of Iowa, and on divers other times and days, unlawfully and felo- niously, intending to pervert the due course of law, did corruptly and maliciously incite, instigate, and endeavor PERJURY—ATTEMPT TO SUBORN. 1455 to persuade and procure one Lizzie Seadore to charge and prosecute one David R. Watts, in the court of the state of Iowa, having jurisdiction to try and determine the same (the particular name of said charge, or proceed- ing, and court, or courts, is to the grand jury unknown), of the charge of being father of a certain illegitimate child, to which the said Lizzie Seadore had given birth, she being an unmarried woman, and not the wife of the said David R. Watts, in which procedure, or prosecution, the oath of affirmation of the said Lizzie Seadore was and is required by law. The said W. B. Waddle, then and there well and truly knowing that the said David R. Watts was and is not the father of said illegitimate child, and that said charge was and is untrue, and the said W. B. Waddle then and there well understood and knew that the said Lizzie Seadore then and there knew that said David R. Watts was and is not the father of said child, and that said charge was and is false and untrue, and the said W. B. Waddle did then and there unlawfully, feloniously, corruptly, and maliciously so- licit, suborn, incite, instigate, and endeavor to procure and persuade the said Lizzie Seadore to appear in court and prosecute said David R. Watts on said charge, as aforesaid, and to make oath or affirmation in such pro- ceeding and trial that the said David R. Watts was and is the father of said illegitimate child, as aforesaid, the same being a material and relevant matter to the issue therein, and thereby, then and there, to put in issue, that the said W. B. Waddle knew that such testimony was and is false and untrue, and then and there well understood and knew that the said Lizzie Seadore then and there knew such testimony was and would be false and untrue, contrary to, and in violation of law. [Signature and indorsements as in Form No. 25.]i 1456 SPECIFIC CRIMES. LVI. PIRACY. FEDERAL. (U. S. Rev. Stats., 1878, §§ 5369-5376, 5383, 5384; 5 Fed. Stats. Ann., 1st ed., pp. 755-759.) Form No. 1841. (Precedent from United States v. Tully, 1 Gall. 247, Fed. Cas. No, 16545.) [Commence as in Form No. 74, and add:] present, that Samuel Tully, late of the city of Philadelphia, in the dis- trict of Pennsylvania, mariner, and John Dalton, late also of the same city of Philadelphia, mariner, on the Ieevoiieacs day Of 2.650. now last past, with force and arms Wc the high seas, near a place called the Isle of May, one of the Cape Verde islands, and out of the jurisdic- tion of any particular state, they, the said Samuel Tully and John Dalton, being then and there mariners of a certain vessel of the United States, being a schooner called the George Washington, then and there belonging and appertaining to a certain citizen or citizens of the United States, to the jurors aforesaid as yet unknown, of which said vessel, one Uriah Phillips Levy, a citizen of the said United States, was then and there master and commander, piratically and feloniously did then and there run away with the aforesaid vessel called the ‘George Washington, and with certain goods and mer- chandise, that is to say, fourteen quarter casks of Tene- riffe wine, and two thousand Spanish milled dollars, _ being altogether of the value of five thousand dollars, <3which were then and there on board of the vessel afore- said; they, the said Samuel Tully and John Dalton, dur- ing all the time aforesaid, being then and there mariners of the said vessel, and in and on board of the same on the high seas as aforesaid, against the peace and dignity of the United States, and the form of the statute in such case made and provided. QP PIRACY—GENERALLY, 1457 And the jurors aforesaid, upon their oath aforesaid, do further present, that the said Samuel Tully and John Dalton, on the said ...... day 61 s.c44 now last past, then being mariners of, in, and on board the said schooner or vessel called the George Washington, belonging and appertaining to certain citizens of the United States (to the jurors aforesaid as yet unknown), with force and arms upon the high seas aforesaid, and out of the juris- diction of any particular state, near a place called the Isle of May, one of the Cape Verde islands, in and on board the said schooner or vessel called the George Washington, whereof the said Uriah Phillips Levy, a citizen of the said United States, then and there was mas- ter as aforesaid; the same schooner or vessel, and the tackle and apparel thereof, of the value of five thousand dollars, of lawful money of the United States, and certain goods and merchandise, to-wit, fourteen quarter casks of Teneriffe wine, of the value of one thousand dollars of like lawful money, and two thousand Spanish milled dol- lars, of the value of two thousand dollars of like lawful money, of the goods and chattels of certain citizens of the United States (to the jurors aforesaid as yet unknown), then and there being in the said schooner or vessel, under the care and custody, and in the possession of the said Uriah Phillips Levy, as master of the said schooner or vessel, then and there upon the high seas aforesaid, near the said Isle of May, and out of the jurisdiction of any particular state, with force and arms as aforesaid, from tle care, custody and possession of the said Uriah Phil- lips Levy, piratically and feloniously did steal, take and run away with: they (the said Samuel Tully and John Dalton), then and there being mariners of the said vessel, and in and on board the said vessel, upon the high seas as aforesaid—against the peace and dignity of the said United States, and the form of the statute in such case made and provided. Crim. Proc. Forms—92 1458 SPECIFIC CRIMES. And the jurors aforesaid, upon their oath aforesaid, do further present, that after the commission of said offenses, to-wit, on the ...... day of ...... , now last past, the said Samuel and John, the offenders aforesaid, were first brought into the said Massachusetts district, and that the said Massachusetts district is the district into which the said offenders were as aforesaid first brought. (pi cvepeasteeweaeneees » Foreman. A True Bill. United States Attorney for Massachusetts District. LVII. PRIZE-FIGHTING. 1. BEING PRESENT TO WITNESS. NEW JERSEY. (Gen, Stats., 1895, p. 1056, § 35.) Form No. 1842. [Follow Form No. 48 to the charging part, and add: while certain persons, to-wit, Richard Roe and Samuel Short, were then and there engaged in a certain fight with fists, commonly denominated prize fighting, said fight being for a certain sum of money, to-wit, the sum of five hundred dollars, to be awarded and paid over to the winner of said fight, was then and there unlawfully present at said fight for the purpose of witnessing the same, contrary to [continuing and concluding as in Form No. 48]. PRIZE-FIGHTING—BETTING ON FIGHT, 1459 2. BETTING ON. KENTUCKY. (Stats., 1894, § 1286.) Form No. 1843. [Follow Form No. 27 to the charging part, and add:] while present at what is commonly called a prize fight in the county aforesaid, the said fight being between one Samuel Short and one William West, did then and there unlawfully bet, or lay a wager, on said fight, to-wit, did bet one hundred dollars with one Richard Roe, that [here set out the terms of the bet], against the [conclud- ang as in Form No. 27]. 3. ENGAGING IN AS PRINCIPAL. MICHIGAN, (Comp. Laws, 1897, § 11732.) Form No. 1844. [Follow Form No. 32 to the charging part, and add:] did then and there unlawfully and feloniously engage in a prize fight with one Richard Roe, of the county afore- said, against the [concluding as in Form No. 32]. 4, EXHIBITING PICTURES OF. IOWA. (Code, 1897, § 4973.) Form No. 1845. [Follow Form No. 25 to the charging part, and add:] at the National Theater, in the city of Des Moines, in the county aforesaid, did unlawfully exhibit, by means of a kinetograph, pictures of a prize fight, such as are prohib- ited by the laws of this state, contrary to the [concluding as in Form No. 25]. 1460 SPECIFIC CRIMES. 5. LEAVING STATE TO ENGAGE IN. MASSACIZUSETTS. (Pub. Stats., 1882, ch. 202, § 17.) Form No. 1846. (Precedent from Com. v. Barrett, 108 Mass. 302.) [Follow Form No. 31 to the *, and add:] John Barrett being inhabitants and residents of this state, to-wit, of the Commonwealth of Massachusetts, on ...... ...... ; 19.., by a previous appointment and engagement, made within this state, to-wit, at said Lawrence, did leave this state, to-wit, the Commonwealth aforesaid, and on said Lawes day of said ...... feloniously and wilfully did engage in a fight, with each other, without the limits of said Commonwealth, to-wit, at Salem, in the county of Rockingham and state of New Hampshire, against the [concluding as in Form No. 31]. 6. PERMITTING USE OF ONE’S PROPERTY FOR. KENTUCKY, (Stats., 1894, § 1287.) Form No. 1847. [Follow Form No. 27 to the charging part, and add:] while the owner of a certain lot of land situate on Main street in the city of Franklin and county aforesaid, did then and there unlawfully and voluntarily permit the use of the said lot of land for a prize fight, then and there fought between one Samuel Short and one William West, on the said ...... day of ...20+ ,19.., against the [con- cluding as in Form No. 27). PRIZE-FIGHTING—PROVIDING TRANSPORTATION. 1461 7. PROVIDING TRANSPORTATION FOR, NEW JERSEY. (Gen. Stats., 1895, p. 1056, § 34.) Form No. 1848. [Follow Form No. 48 to the charging part, and add:] while captain of a certain steamboat known as ‘‘Fire- fly,’’? did then and there unlawfully and knowingly per- mit the said steamboat to be used for the conveyance and transportation of persons into this state, to-wit, from the city and county of New York, into the state of New Jersey, for the purpose of being engaged in, aiding, assisting, abetting and witnessing a fight or combat with fists, commonly denominated prize fighting, the said fight being for money, to-wit, the sum of five thousand dollars, to be paid to the victor in said fight, the said fight being between one William J. Corbett and one John Fitzsim- mons, contrary to the [concluding as in Form No. 43]. 8. SENDING CHALLENGE TO ENGAGE IN. MISSISSIPPI, (Rev. Stats., 1889, § 3757.) Form No. 1849. [Follow Form No. 35 to the charging part, and add:] contriving and intending to provoke and incite one Rich- ard Roe, of the county aforesaid, to fight what is com- monly known as a prize fight, with and against him, the said John Doe, then and there unlawfully and feloniously did write and send and deliver, and cause to be sent and delivered, to the said Richard Roe, a certain written message, purporting and intended to be and contain a challenge to fight what is commonly called a prize fight with and against him, the said John Doe, which said message is as follows, that is to say: [settung out the challenge verbatim or in substance], contrary to the [concluding as in Form No. 35]. 4 1462 SPECIFIC CRIMES. 9. TRAINING FOR. MICHIGAN, (Comp. Laws, 1897, § 11733.) Form No, 1850. [Follow Form No. 32 to the charging part, and add:] did then and there unlawfully and feloniously engage in the training of one Richard Roe, of the county aforesaid, for a prize fight, the said fight to be fought by and be- tween the said Richard Roe and one Samuel Short, and to be fought with and against each other on the ...... day Of vseuss , 19.., in Ann Arbor opera house in the city of Ann Arbor, county of Washtenaw, state of Michi- gan, against the [concluding as in Form No. 32]. 10. SECONDING, AIDING AND ABETTING. MASSACHUSETTS. (Pub. Stats., 1882, ch. 202, § 16.) : Form No. 1851. (Precedent from Com. v. Mitchell, 73 Mass., 7 Gray, 324.) [Follow Form No. 81 to the charging part, and add: was present as an aid and second, and did advise, encour- age and promote a fight, in which one John Welsh did then and there, by previous appointment and arrange- ment so to meet and engage, meet and engage with one Freeman Clarson, against the [concluding as in Form No. 81]. 11. BOXING EXHIBITIONS. a. Being Present to Witness. OHIO. (Bates’ Ann. Stats., 1897, § 6890.) Form No. 1852. [Follow Form No. 50 to the charging part, and add:] while one Samuel Short and one William West were then BOXING EXHIBITIONS—ENGAGING IN AS PRINCIPAL. 1463 and there engaged in what is commonly known as a public boxing exhibition without gloves, in which they, the said Samuel Short and William West, had agreed to, and did wilfully, fight or box, did then and there unlawfully attend the said public boxing exhibition for the purpose of witnessing the same, contrary to the [concluding as in Form No, 50]. b. Engaging in as Principal. MISSOURI. (Rev. Stats., 1889, § 3759.) Form No. 1853. [Follow Form No. 1879 to the +, and add:] did unlaw- fully engage in a certain public sparring exhibition, then and there being carried on in the opera-house in the city of Lamar, in said county of Barton, with one Richard Roe, the said John Doe and the said Richard Roe then and there unlawfully striking and bruising each other in said public sparring exhibition so held as aforesaid, contrary to the [concluding as in Form No. 36]. c. Permitting the Use of One’s Property For. MISSOURI. (Rev. Stats., 1889, § 3757.) Form No. 1854. [Follow Form No. 1379 to the +, and add:] while owner of certain real estate, to-wit: a house used as a theater and known as the Union Theater, situated at 515 Fifth avenue, in the city of Lamar, county of Barton, did then and there unlawfully furnish the said theater for a public boxing exhibition engaged in by one Samuel Short and one William West on the said ...... Gay GL so0xx- tin 1 19.., contrary to the [concluding as in Form No. 36]. 1464 SPECIFIC CRIMES. d. Seconding, Aiding and Abetting. MONTANA. (Pen. Code, 1895, § 752.) Form No. 1855. [Follow Form No. 38 to the charging part, and add:] was present as a second and did unlawfully then and there as such second advise, instigate, encourage and pro- mote a boxing-match in which one Samuel Short did then and there, by previous appointment so to meet and engage, meet and engage with one William West, con- trary to the [concluding as in Form No. 88]. LVITI. PROFANITY.’ 1. NUISANCE AT COMMON LAW. TENNESSEE. Form No. 1856. (Precedent from State v. Graham, 35 Tenn., 3 Sneed, 135.) [Follow Form No. 59 to the charging part, and add:] in a public place, and in the presence and hearing of divers good citizens of the State, then and there being, unlawfully did utter, publish, speak and say, the follow- ing gross, scandalous, profane and blasphemous language [setting forth the language] to the great scandal and common nuisance of all good citizens so then and there being as aforesaid, to the manifest corruption of public morals, to the evil example [concluding as in Form No. 59]. 1 See Blasphemy. PROFANITY—PROSTITUTION—RAPE, 1465 2. STATUTORY OFFENSE. MARYLAND. (Pub, Stats., Laws, 1888, art. 27, § 19.) Form No. 1857. [Follow Form No. 30 to the charging part, and add:] unlawfully, profanely curse in the presence and hearing of one Samuel Short, the said Samuel Short then and there being a justice of the peace of the state of Mary- land, using the following words, to-wit: [setting out the words used], against the [concluding as in Form No. 30]. - PROSTITUTION. LIX. RAPE. 1. IN GENERAL, AT COMMON LAW. Form No. 1858. (Precedent from Chit. Crim. L., 5th Am. ed., 815.) Essex, to-wit: The jurors for our lord the king upon their oath pre- sent that John Doe, late of the parish of West Ham, in the county of Essex, laborer, not having the fear of God before his eyes, but being moved and seduced by the insti- gation of the devil, on the ...... day Of oss: , in the earns year of the reign of our sovereign lord George VII, by the grace of God, of Great Britain and Ireland king, defender of the faith, with force and arms, at the parish of West Ham aforesaid, in the county of Essex -aforesaid, in and upon one Sarah Roe, spinster, in the peace of God and of our said lord the king then and there being, violently and feloniously did make an assault and her, the said Sarah Roe, against the will of her, the said 1See Disorderly Houses, Street-Walking and Night-Walking. 1466 SPECIFIC CRIMES. Sarah Roe, then and there feloniously did ravish and carnally know, against the form of the statute in such case made and provided, and against the peace of our said lord the king, his crown and dignity. Form No, 1859. (Precedent from Archb. Crim. Pr. and PI., 8th ed., 999.) Essex, to-wit: The jurors for our Lady the Queen, upon their oath present, that John Doe, on the ...... day Of <¢kasi » in the year of our Lord one thousand nine hundred and Stace , in and upon one Sarah Roe, feloniously and vio- lently did make an assault, and her, the said Sarah Roe, then violently and against her will, feloniously did ravish and carnally know; against the form of the statute in such case made and provided, and against the peace of our Lady the Queen, her crown and dignity. ALABAMA. (Crim. Code, 1896, § 5444; § 4923, No. 70.) Form No. 1860. [Follow Form No. 10 to the *, and add:] John Doe forcibly ravished Julia Roe, a woman, against the peace and dignity of the state of Alabama. [Signature and indorsements as in Form No. 10.] ARKANSAS. (Sand. & H. Dig., 1894, § 1862, p. 1666, No. 178.) Form No. 1861. [Commence as in Form No. 12, and add:] John Doe of the crime of rape, committed as follows, viz.: The said John Doe did, on the ...... day Of ci.a. , 19.., in the county aforesaid, feloniously, forcibly, unlawfully and RAPE—IN GENERAL. 1467 against her consent, carnally know Emma Dean, against the peace and dignity of the State of Arkansas. Seay Sag ehG bata un we , Prosecuting Attorney. Witnesses: Richard Roe, Emma Dean and Thomas Knox. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 261.) Form No. 1862. (Precedent from People v. Snyder, 75 Cal. 323, 17 Pac. 208.) [Commence as in Form No. 14, and add:] John H. Snyder is accused by the district attorney by this infor- mation of the crime of rape, committed as follows: The said John H. Snyder on or about the ...... day of conyers , In the year of our Lord nineteen hundred and inietatee , at the said city and county of San Francisco, state of California, with force and arms, in and upon one Louisa Bell, a female over the age of ten years, who was not then and there the wife of the said John H. Snyder, violently and feloniously did make an assault, and her, the said Louisa Bell, then and there, to-wit, on the day and year last aforesaid, feloniously did ravish and car- nally know and accomplish with her an act of sexual in- tercourse by force and violence, and against her will and resistance, contrary to the form, force and effect of the statute in such case made and provided, and against [concluding as in Form No. 14]. 1468 SPECIFIC CRIMES. CONNECTICUT. (Laws, 1895, ch. 236.) Form No. 1863. (Precedent from 2 Rev. Swift’s Dig. 826.) [Follow Form No. 17 to the charging part, and add:] in and upon Julia Roe, of said town of Derby, in the peace then and there being, violently and feloniously did make an assault, and her the said Julia Roe, against her will, then and there feloniously did ravish and carnally know, against the peace [concluding as in Form No. 17]. FLORIDA. (Rev. Stats., 1892, § 2396.) Form No. 1864. (Precedent from Barker v. State, 40 Fla, 179.) [Commence as in Form No. 20, and add:] that one George Barker, late of the county of Duval and State of Florida, on the ...... day Ol scart , in the year of our Lord one thousand nine hundred and ..... , in the county and State aforesaid, with force and arms in and upon one Mabel Bettelini did make an assault, and her, the said Mabel Bettelini, then and there feloniously did rav- ish and carnally know, forcibly and against the will of her, the said Mabel Bettelini, contrary [concluding as in Form No. 20]. ILLINOIS. (Starr & C. Ann. Stats., 1896, ch. 38, par. 386.) Form No. 1865. [Follow Form No. 1376 to the +, and add:] feloniously and forcibly did make an assault in and upon one Julia Roe, then and there being a female, and did then and there feloniously have carnal knowledge of the said Julia Roe, forcibly and against her will, contrary [concluding as in Form No. 23]. RAPE—IN GENERAL. 1469 INDIANA. (Horner’s Stats., 1896, § 1917.) Form No. 1866. [Follow Form No. 1383 to the +, and add:] in a rude, insolent and angry manner, did unlawfully touch and strike one Julia Roe, a woman, and he, the said John Doe, did then and there her, the said Julia Roe, forcibly and against her will, feloniously ravish and carnally know, contrary [concluding as im Form No. 24]. KANSAS. (Gen. Stats., 1897, ch. 100, § 31.) Form No. 1867. [Follow Form No. 26 to the charging part, and add:] did then and there unlawfully, feloniously and forcibly make an assault upon one Julia Roe, and her, the said Julia Roe, then and there forcibly, unlawfully and felo- niously, and against her will and consent, unlawfully, feloniously and forcibly did ravish and have carnal knowledge of her, the said Julia Roe, contrary [conclud- ing as in Form No. 26). KENTUCKY. (Stats., 1894, § 1154.) Form No. 1868. (Precedent from Bullitt’s Crim. Code, 1895, p. 147.) [Follow Form No. 27 to the *, and add:] John Doe of the crime of rape, committed as follows, viz.: the said John Doe, on the ..... day Ol vesaws , in the year of our Lord one thousand nine hundred and ..... , in the county aforesaid, unlawfully, feloniously and violently made an assault upon Julia Roe, and then and there forcibly, and against her will and consent, ravished and had carnal knowledge of her, against the peace [concluding as m Form No. 27}. 1470 SPECIFIC CRIMES. MASSACHUSETTS. (Stats., 1893, ch. 466.) Form No. 1869. (Precedent from Com. v. Sugland, 70 Mass., 4 Gray, 7.) [Follow Form No. 31 to the charging part, and add:] with force and arms, in and upon one Julia A. Alvord, in said Williamsburgh, then and there in the peace of said Commonwealth being, did violently and feloniously make an assault, and her, the said Julia A. Alvord, did then and there, by force and against her will, feloniously ravish and carnally know, against the peace of said Com- monwealth, and ¢ontrary [concluding as in Form No. 81]. MINNESOTA, (Laws, 1899, ch. 72.) Form No. 1870. [Follow Form No. 1380 to the +, and add:] did felo- niously ravish one Julia Roe, and did then and there fe- loniously, forcibly and against her will, and without her consent, carnally know her, the said Julia Roe, contrary to the form of the statute in such case made and provided, and against [concluding as in Form No. 38]. MISSOURI. (Rev. Stats., 1899, § 1837.) Form No. 1871. [Follow Form No. 1379 to the t, and add:] in and upon one Julia Roe, a woman, unlawfully, violently and felo- niously did make an assault, and her, the said Julia Roe, then and there unlawfully, forcibly and against her will, feloniously did ravish and carnally know, contrary [con- cluding as in Form No. 86]. RAPE—IN GENERAL. 1471 MONTANA. (Pen. Code, 1895, § 450.) Form No. 1872. [Commence as in Form No. 38, and add:] John Doe is accused by the grand jury of the county of Silver Bow, by this indictment, of the crime of rape, committed as fol- lows: The said John Doe, on the ...... Gay Ol s.cnx. , in the year of our Lord one thousand nine hundred and ...... y at the county of Silver Bow, with force and arms, in and upon one Julia Roe, then and there being: a female, felo- niously, violently, forcibly and unlawfully did make an assault, and her, the said Julia Roe, then and there felo- niously, violently, forcibly and unlawfully and against her will, did ravish and carnally know, contrary [con- cluding as in Form No. 38]. NEW JERSEY. (Gen. Stats:, 1895, p. 1096, § 250.) Form No. 1873. [Follow Form No. 48 to the charging part, and add:] in and upon the body of one Julia Roe, a woman, in the peace of God and this state then and there being, an as- sault did make, and her, the said Julia Roe, then and there violently, and against her will, feloniously did rav- ish and carnally know, contrary [concluding as in Form No. 43]. NEW YORK. (Cook’s Pen. Code, 1898, § 278.) Form No. 1874. [Follow Form No. 46 to the * and add:] The said John Doe, on the ....... day Of e+. , 19.., at the village of Northport, in the town of Huntington, in this county, 1472 SPECIFIC CRIMES. with force and arms, in and upon Julia Roe, she then and there being a female, violently, forcibly and felo- niously did make an assault, and her, the said Julia Roe, then and there violently, forcibly and against her will, feloniously did ravish and carnally know [concluding as in Form No. 46]. NORTH CAROLINA, (Code, 1883, § 1101.) Form No. 1875. (Precedent from State v. Johnson, 100 N. C. 495, 6 S. E. 61.) [Follow Form No. 1377 to the +, and add:] with force and arms, in and upon one Dilsey Ann Hyman, in the peace of God and the State of North Carolina then and there being, violently and feloniously did make an as- sault, and her, the said Dilsey Ann: Hyman, then and there violently, forcibly and against her will, feloniously did ravish and carnally know, contrary [concluding as in Form No. 47]. OREGON. (Hill’s Ann, Laws, 1892, §1733; p. 1002, No. 7.) Form No, 1876. [Follow Form No. 53 to the charging part, and add:] forcibly did ravish Julia Roe, a woman of the age of four- teen years or upward, contrary [concluding as in Form No. 58]. TENNESSEE. (Code, 1896, § 6451.) Form No. 1877. [Follow Form No. 59 to the charging part, and add:] forcibly and feloniously did make an assault upon one Julia Roe, a woman in the peace of the state then and RAPE—IN GENERAL. 1473 there being, and he, the said John Doe, did then and there, forcibly and feloniously, and against her will, have carnal knowledge of her, the said Julia Roe, to the evil example of all others in like cases offending, contrary [concluding as in Form No. 59]. TEXAS. (Pen. Code, 1895, art. 683.) Form No. 1878, [Follow Form No. 1885 to the +, and add:] in and upon Julia Roe, a woman, make an assault, and did then and there, by force, threats and fraud, and without the con- sent of her, the said Julia Roe, unlawfully have carnal knowledge of the said Julia Roe, against [concluding as in Form No. 60]. VERMONT. (Laws, 1898, p. 40, No. 118, § 1.) Form No. 1879. [Follow Form No. 68 to the charging part, and add:} with force and arms, unlawfully and feloniously, in and upon the body of one Julia Roe, of said Woodstock, a woman (or maid or damsel, as the case may be), an as- sault did make, and her, the said Julia Roe, with like force and arms, then and there unlawfully and feloni- ously did carnally know and ravish the said Julia Roe by force and against her will, contrary [concluding as in Form No. 63]. VIRGINIA. (Code, Supp. 1898, § 3680.) Form No. 1880. [Follow Form No. 64 to the charging part, and add: in and upon one Julia Roe, the said Julia Roe then being a female over the age of fourteen years, to-wit, of the age Crim. Proc. Forms—93 1474 SPECIFIC CRIMES. of eighteen years, violently, forcibly and feloniously did make an assault, and her, the said Julia Roe, then and there, to-wit, on the day and year aforesaid, at the county aforesaid, feloniously did ravish and carnally know, by force and against the will of her, the said Julia Roe, aainst [concluding as in Form No. 64). WISCONSIN. (Stats., 1898, § 4381.) Form No. 1881, [Follow Form No. 68 to the charging part, and add:] with force and arms, in and upon one Julia Roe, did vio- lently and feloniously make an assault, and her, the said Julia Roe, then and there, by force and against her will, violently and feloniously did ravish and carnally know, against the peace [concluding as in Form No. 68]. 2. BY FRAUD. a. In General. WASHINGTON. (Ballinger’s Ann. Codes & Stats., 1897, § 7062.) Form No. 1882. [Follow Form No. 66 to the *, and add:]| The said John Doe, on the ....... day OL vnees , 19.., in the county of Spokane aforesaid, unlawfully and feloniously did induce one Julia Roe, a female then and there being, to submit to sexual intercourse with him, the said John Doe, by de- ceit, deception, imposition and fraud practiced by him, the said John Doe, upon the said Julia Roe, as follows, to-wit [specifying the deceit, deception, imposition or fraud practiced], and he, the said John Doe, then and there, by means of such deceit, deception, imposition and fraud, unlawfully and feloniously did carnally know the said Julia Roe. Dated [concluding as in Form No. 66]. RAPE-—BY FRAUD, PERSONATING HUSBAND. . 1475 b. By Personating Husband of Married Woman. ALABAMA, (Crim. Code, 1896, § 5449.) Form No. 1883, [Follow Form No. 10 to the *, and add:| John Doe did falsely personate the husband of one Sarah Roe, a mar- ried woman then and there being, and did by such false personation deceive her, the said Sarah Roe, and by means of such deception he, the said John Doe, did then and there gain access to her, the said Sarah Roe, and of her, the said Sarah Roe, then and there unlawfully and feloniously did have carnal knowledge, against [conclud- ing as in Form No. 10]. ARIZONA. (Pen. Code, 1901, § 230.) Form No. 1884, [Commence as in Form No. 11, and add:] The said John Doe, on the ...... Day OF o6 3 cxe , A. D.19.., at the county of Gila, did pretend to be the husband of one Julia Roe, a female then and there being, and not the wife of the said John Doe, with intent to induce the said Julia Roe to believe him, the said John Doe, to be her husband, and he, the said John Doe, did then and there, by such pretense of being the husband of the said Julia Roe, in- duce the said Julia Roe to believe him, the said John Doe, to be her husband, and she, the said Julia Roe, induced by such pretense practiced by the said John Doe as afore- said, did submit to an act of sexual intercourse with him, the said John Doe, and he, the said John Doe, then and there, by such pretense by him practiced, did accom- plish an act of sexual intercourse with her, the said Julia Roe. [Signature and indorsements as m Form No. 11.] 1476 SPECIFIC CRIMES. NORTH CAROLINA. (Code, 1883, § 1103.) Form No. 1885, [Follow Form No. 1877 to the t+, and add:] did falsely and fraudulently personate the husband of one Sarah Roe, a married woman then and there being, and, by means of such fraud in personating the husband of said Sarah Roe, unlawfully and feloniously did then and there have carnal knowledge of the said Sarah Roe, against [concluding as in Form No. 47]. TENNESSEE. (Code, 1896, § 6453.) Form No. 1886, [Follow Form No. 59 to the charging part, and add:] did pretend to be the husband of one Sarah Roe, a mar- ried woman then and there being, and, under such pre- tense of being the husband of the said Sarah Roe, wil- fully, maliciously, and without her consent, then and there did earnally know the said Sarah Roe, to the evil exam- ple of all others in like cases offending, contrary [con- cluding as in Form No. 59}. TEXAS. (Pen. Code, 1895, art. 636.) Form No. 1887. [Follow Form No. 1385 to the +, and add:] did falsely and fraudulently personate the husband of one Sarah Roe, a woman then and there being, and he, the said John Doe, then and there, by such fraud in personating the husband of the said Sarah Roe as aforesaid, unlaw- fully and feloniously, and without her consent, did have carnal knowledge of the said Sarah Roe, against [con- cluding as in Form No. 60]. RAPE—BY USE OF DRUGS—THREATS, 1477 c. By Use of Drugs. KANSAS. (Gen. Stats., 1897, ch. 100, § 32.) Form No. 1888. [Follow Form No. 26 to the charging part, and add:] in and upon one Julia Roe, a woman of the age of eight- een years and upward, unlawfully and feloniously an as- sault did make, and then and there unlawfully and felo- niously, and without her consent, have carnal knowledge of her, the said Julia Roe, by administering to her a cer- tain substance, liquid or potion, to-wit [specifying the same], by inhalation (or otherwise, as the case may be, or a certain substance, liquid or potion, the name of which, and the method by which the same was adminis- tered, being to the grand jurors unknown), which said substance, liquid or potion did produce in her, the said Julia Roe, such stupor and imbecility of mind and weak- ness of body as to prevent any effectual resistance on the part of her, the said Julia Roe, and did prevent any re- sistance by her, the said Julia Roe, to and against him, the said John Doe, whereby and by reason whereof the said John Doe then and there her, the said Julia Roe, so as aforesaid unlawfully, forcibly, and without her con- sent, feloniously did ravish and carnally know, contrary [concluding as in Form No. 26]. 3. BY THREATS. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 261.) Form No. 1889. [Follow Form No. 13 to the charging part, and add:] The said John Doe, on the ....... Gay Of ccgeus , in the year of our Lord one thousand nine hundred and ....... ; at the said city and county of San Francisco, in and upon 1478 SPECIFIC CRIMES. one Julia Roe, a female then and there being, and not the wife of the said John Doe, unlawfully and feloniously did make an assault, and then and there unlawfully and feloniously, and without her consent, did have carnal knowledge of her, the said Julia Roe, by threats of great and immediate bodily harm to her, the said Julia Roe, accompanied by apparent power of execution, on the part of him, the said John Doe, by which said threats of great and immediate bodily harm then and there made by the said John Doe, with apparent power of immediate exe- cution, she, the said Julia Roe, having then and there rea- sonable cause to believe and to fear that the said threats would be then and there executed to her great and im- mediate bodily harm, was prevented from offering any resistance to and against him, the said John Doe, whereby and by reason whereof he, the said John Doe, unlawfully and forcibly, and without her consent, feloniously did car- nally know the said Julia Roe, contrary [concluding as in Form No. 13]. 4. OF DAUGHTER OR SISTER. OHIO. (Gates’ Ann. Stats., 1897, § 6817.) Form No. 1890. [Follow Form No. 50 to the charging part, and add:] in and upon one Julia Doe, then and there being, unlaw- fully, violently and feloniously did make an assault, and her, the said Julia Doe, then and there forcibly and against her will, feloniously did ravish and carnally know, she, the said Julia Doe, then and there being the daughter (or sister, as the case may be) of the said John Doe, and he, the said John Doe, then and there well know- ing the said Julia Doe to be his daughter (or sister), contrary [concluding as in Form No. 50). RAPE—FEMALE MENTALLY UNSOUND. 1479 5. WHERE FEMALE IS MENTALLY UNSOUND. CALIFORNIA. (Kerr’s Pen. Code, 1915, § 261.) Form No. 1891. [Follow Form No. 13 to the charging part, and add:] The said John Doe, on the ....... Gay Of i axee.s , in the year of our Lord one thousand nine hundred and ....... ; at said city and county of San Francisco, did then and there unlawfully and feloniously accomplish an act of sex- ual intercourse with one Julia Roe, a female then and there being, and not the wife of him, the said John Doe, she, the said Julia Roe, being at the time of the commis- sion of the said act incapable through lunacy and other unsoundness of mind from giving legal consent to the said act, contrary [concluding as in Form No. 13]. INDIANA, (Horner’s Stats., 1896, § 1918.) Form No. 1892. [Follow Form No. 1383 to the +, and add:] being then and there a person of the age of seventeen years and up- ward, to-wit, of the age of thirty years, did then and there have carnal. knowledge of one Julia Roe, a woman then and there being, and not being the wife of him, the said John Doe, she, the said Julia Roe, being then and there insane, and he, the said John Doe, then and there well knowing her, the said Julia Roe, to be insane, contrary [concluding as in Form No. 24]. IOWA. (Code, 1897, § 4758.) Form No. 1893. (Precedent from State v. Enright, 90 Iowa 520, 58 N. W..901.) [Follow Form No. 25 to the charging part, and add:] did wilfully, unlawfully, and feloniously ravish and car- 1480 SPECIFIC CRIMES. nally know one Martha Curran, then and there being, the said Martha Curran being then and there a girl of the age of fourteen years, and naturally an imbecile and weak in mind, and deficient in understanding, to such an extent that she did not know or comprehend the nature of the act, and naturally of such imbecility of mind and weak- ness of body as to prevent her making effectual resistance to said defendant and his unlawful act, contrary [conclud- mg as im Form No. 45]. TEXAS. (Pen. Code, 1895, art. 633.) Form No. 1894, (Precedent from Caruth v. State (Tex. Crim., 1894), 25 S. W. 778.) [Follow Form No. 1385 to the +, and add:] in and upon one Ella Ledford, a woman, make an assault, and did then _ and there ravish and have carnal knowledge of the said Ella Ledford, she being then and there other than his wife, and being then and there so mentally diseased at the time as to have no will to oppose the act of carnal knowl- edge, and he [the said Caruth] then and there knowing her [the said Ella Ledford] to be so mentally diseased, contrary [concluding as in Form No. 60]. 6. WHERE FEMALE IS UNCONSCIOUS OF THE NATURE OF THE ACT. UTAH. (Rev. Stats., 1898, § 4217.) Form No. 1895, [Follow Form No. 62 to the charging part, and add:] in and upon one Julia Roe, a female then and there being, and not.the wife of the said John Doe, unlawfully and fe- loniously an assault did make, and then and there unlaw- fully and feloniously, and without her consent, did have RAPE—FEMALE UNDER AGE OF CONSENT, 1481 carnal knowledge of her, the said Julia Roe, she, the said Julia Roe, being, at the time of the commission thereof, unconscious of the nature of the said act of sexual inter- course, and he, the said John Doe, then and there, at the time of committing the said. act, well knowing the said Julia Roe to be unconscious of the nature thereof, con- trary [concluding as im Form No. 62]. 7 WHERE FEMALE IS UNDER THE AGE OF CONSENT. ALABAMA. (Crim. Code, 1896, § 5447; § 4923, No. 25.) Form No. 1896. [Follow Form No. 10 to the *, and add:] John Doe did carnally know, or abuse in the attempt to carnally know, one Julia Roe, a girl under the age of fourteen years, against [concluding as in Form No. 10]. INDIANA. (Horner’s Stats., 1896, § 1917.) Form No. 1897. [Follow Form No. 1883 to the +, and add:] did then and there, in a rude, insolent and angry manner, unlaw- fully and feloniously touch one Julia Roe, a female child under the age of fourteen years, to-wit, of the age of ten years, and her, the said Julia Roe, he, the said John Doe, then and there did unlawfully and feloniously ravish and carnally know, contrary [concluding as m Form No. 24]. 1482 SPECIFIC CRIMES. KANSAS. (Gen. Stats., 1897, ch. 100, § 31.) Form No. 1898. [Follow Form No. 26 to the charging part, and add:] unlawfully and feloniously did carnally know one Julia Roe, she, the said Julia Roe, being then and there a fe- male person under the age of eighteen years, to-wit, of the age of fourteen years, contrary [concluding as in Form No. 26]. MASSACHUSETTS, (Stats., 1893, § 466.) Form No. 1899. [Follow Form No. 81 to the charging part, and add:] with force and arms, at Boston aforesaid, in the county aforesaid, in and upon one Julia Roe, a woman child under the age of sixteen years, to-wit, of the age of twelve years, feloniously did make an assault, and her, the said Julia Roe, then and there, feloniously did unlaw- fully and carnally know and abuse, aes [concluding as im Form No. 81]. MISSOURI. (Rev. Stats., 1899, § 1837.) Form No. 1900. (Precedent from State v. Houx, 109 Mo. 658, 32 Am. St. Rep. 686, 19 S. W. 35.) [Follow Form No. 1879 to the +, and add:] in and upon one Mattie Sidenstricker, a female child under the age of twelve years, to-wit, of the age of ten years, un- lawfully and feloniously did make an assault, and her, the said Mattie Sidenstricker, then and there unlawfully and feloniously did carnally know and abuse [concluding as in Form No. 36].° RAPE—FEMALE UNDER AGE OF CONSENT. 1483 MONTANA. (Pen.. Code, 1895, § 450.) Form No. 1901. (Precedent from State v. Williams, 9 Mont. 179, 23 Pac. 335.) [Follow Form No. 38 to the charging part, and add:] with force and arms, in and upon one Mary Williams, then and there being a female child under the age of fif- teen years, to-wit, of the age of thirteen years, felo- niously, violently and unlawfully did make ani assault, and her, the said Mary Williams, then and there felo- niously did ravish and carnally know, contrary [conclud- ing as in Form No. 88]. OHIO. (Bates’ Ann. Stats., 1897, § 6816.) Form No. 1902, [Follow Form No. 50 to the charging part, and add:] being then and there a male person of the age of eight- een years and upward, in and upon one Julia Roe, a fe- male child under the age of sixteen years, to-wit, of the age of eight years, then and there being, unlawfully, forcibly and feloniously did make an assault, and her, the said Julia Roe, then and there unlawfully and felo- niously did carnally know and abuse, with her consent, contrary [concluding as in Form No. 50]. OKLAHOMA. (Laws, 1895, ch. 20, art. 2.) Form No. 1903. (Precedent from Asher v. Territory, 7 Okla. 190, 54 Pac. 445.) [Follow Form No. 51 to the“, and add:] That on the wire day of ......,19.., at the county of Logan, in said State, one James Asher, then and there being, in and upon one Belle Overstreet, a female under the age of 1484 SPECIFIC CRIMES. fourteen years, of previous chaste and virtuous charac- ter, did make an assault, and with her, the said Belle Overstreet, he the said James Asher then and there did have sexual intercourse, she the said Belle Overstreet not being the wife of him, the said James Asher ; contrary [concluding as in Form No. 51]. VERMONT, (Laws, 1898, p. 90.) Form No. 1904. [Follow Form No. 63 to the charging part, and add:] with force and arms, unlawfully and feloniously in and upon the body of Julia Roe, a female under the age of sixteen years, to-wit, of the age of twelve years, feloni- ously and unlawfully an assault did make, and her the said Julia Roe, then and there, with like force and arms, feloniously and unlawfully did carnally know and abuse, contrary [concluding as in Form No. 63]. WISCONSIN. (Stats., 1898, § 4382.) Form No. 1905. [Follow Form No. 68 to the charging part, and add:] upon one Julia Roe, a female child under the age of four- teen years, to-wit, of the age of ten years, did feloniously make an assault, and her, the said Julia Roe, then and there did unlawfully and carnally know and abuse, against [concluding as in Form No. 68]. RAPE—ASSAULT WITH INTENT TO COMMIT. 1485 8. ASSAULT WITH INTENT TO COMMIT. a. Criminal Complaint. KANSAS. (Gen. Stats., 1897, ch. 100, § 39.) Form No. 1906. (Precedent from Tillson v. State, 29 Kan, 454.) [Venue in Justice’s Court and title.] The State of Kansas, County of Anderson. \ J. N. Cline, being first duly sworn, deposes and says that on the ...... day of ..... ,19.., at and in the county of Anderson and state of Kansas, Philip Masterson did then and there unlawfully, wilfully, and feloniously make an assault upon one Ruth Cline, a woman, then and there being, with intent her, the said Ruth Cline, violently, for- cibly, and against her will, then and there unlawfully and feloniously to ravish and carnally know; and deponent prays that process may be issued against the said Philip ‘Masterson, and that he be dealt with according to law. J. N. Cline. Sworn to and subscribed before me this ....... day of seewe sg Lan eee re er ,J.P MICHIGAN. (Comp. Laws, 1897, § 11490.) Form No. 1907. (Precedent from People v. Lynch, 29 Mich, 277.) State of Michigan, \ oe County of Bay. The complaint of Michael Carney, taken and made before me, a justice of the peace of the city of Bay City, in said county, upon the ...... day Of saivus py 1486 SPECIFIC CRIMES. 19.., who being duly sworn says, that heretofore, to-wit: On the ...... day of ...... , A. D. 19.., at the city of Bay City, and in the county aforesaid, one Timothy Lynch, late of Bay City, in the county of Bay, with force and arms in and upon one Mary Carney, a female child of the age of ten years and more, to-wit, of the age of fourteen years, in the peace of the people of the State of Michigan then and there being, did make an assault with intent her, the said Mary Carney, by force, and against her will, then and there, feloniously to ravish and to carnally know, and other wrongs to her, the said Mary Carney then and there did, against the form of the statute in such case made and provided, and against the peace and dignity of the people of the State of Michi- gan. Wherefore the said Michael Carney prays that said Timothy Lynch may be apprehended and held to answer this complaint, and further dealt with in relation to the same as law and justice may require. Michael Carney. Taken, subscribed, and sworn to before me the day and year first above written. saieraashadecxed honed tesdvahaueter rays , Justice of the Peace. b. Indictment or Information. a. In General. ALABAMA. (Crim. Code, 1896, § 4346; § 4923, No. 13.) Form No. 1908. [Follow Form No. 10 to the *, and add:] John Doe did assault Julia Roe, a woman, with the intent forcibly to ravish her, against [concluding as in Form No. 10]. RAPE—ASSAULT WITH INTENT TO COMMIT, 1487 INDIANA, (Horner’s Stats., 1896, §§ 1909, 1917.) Form No. 1909. (Precedent from Skaggs v. State, 108 Ind. 54, 8 N. E. 695.) [Follow Form No. 1383 to the t, and add:] unlawfully and feloniously, in a rude, insolent and angry manner, touch, push, strike and choke one Flora May Ennis, a woman, with intent then and there and thereby her, the said Flora May Ennis, feloniously, forcibly and against her will, to ravish and carnally know [concluding as in Form No. 24). MASSACHUSETTS. (Stats., 1893, ch. 466.) Form No. 1910, [Follow Form No. 31 to the charging part, and add:] with force and arms, at Boston aforesaid, in the county aforesaid, in and upon one Julia Roe, feloniously did make an assault, with intent the said Julia Roe then and there feloniously to ravish and carnally know, by force and against her will, against the peace of said common- wealth, and contrary [concluding as in Form No. 81]. OHIO. (Bates’ Ann. Stats., 1897, § 6821.) Form No. 1911. [Follow Form No. 50 to the charging part, and add:] in and upon one Julia Roe, then and there being, did un- lawfully make an assault, and her, the said Julia Roe, then and there did beat, wound and ill-treat, with intent her, the said Julia Roe, violently, forcibly and against her will, then and there unlawfully and feloniously to ravish and carnally know, to the great damage of the said Julia Roe, contrary [concluding as in Form No. 50]. 1488 SPECIFIC CRIMES, OKLAHOMA. (Laws, 1895, ch. 20, art. 2; Stats., 1893, §§ 2561, 2563.) © Form No, 1912. (Precedent from Harmon v. Territory, 5 Okla. 369, 49 Pac. 55.) [Follow Form No. 51 to the charging part, and add:] did then and there unlawfully and feloniously make an assault in and upon one D. Y., a woman, with intent then and there, upon a part of him, the said Henry Harmon, to commit the offense of rape upon the said D. Y. by then and there, without the consent of the said D. Y., attempting by force, threats and violence, to have carnal knowledge of her, the said D. Y.; the said D. Y. not then _ and there being the wife of him, the said Henry Harmon, contrary [concluding as in Form No. 51]. PENNSYLVANIA, (Bright. Pur. Dig., 1894, p. 535, § 370.) Form No. 1913. [Follow Form No. 55 to the charging part, and add:] in and upon one Jane Roe, spinster, in the peace of God then and there being, with force and arms, an assault did make, with an intent then and there the said Jane Roe feloniously to ravish and carnally know, and then and there the said Jane Roe did beat, wound and evilly ill- treat, so that her life was greatly despaired of, and other harms to her then and there did, to the great damage of the said Jane Roe, against the peace [concluding as in Form No. 55). = VIRGINIA. (Code, Supp. 1898, § 3888.) Form No. 1914. (Precedent from Hairston v. Com., 97 Va, 754, 32 S. E. 797.) [Follow Form No. 64 to the charging part, and add:] unlawfully and feloniously attempt to commit the crime —————— RAPE—ASSAULT, ETC.—FEMALE UNDER AGE, ETC. 1489 of rape, and with force and arms, in and upon one Mary HK. Thomasson, the said Mary E. Thomasson then being: over the age of fourteen years, to-wit, of the age of forty- two years, violently and feloniously did make an assault with intent her, the said Mary E. Thomasson, feloniously to ravish and carnally know against her will and by force, and he, the said George Hairston, then and there in his said attempt to commit the felony and rape afore- said did ask and demand to have sexual intercourse with her, the said Mary E. Thomasson, and upon refusal of the said ‘Mary E. Thomasson of said demand, he the said George Hairston did then and there advance vio- lently and rapidly upon the said Mary E. Thomasson, and then and there thrust out his hand to violently lay hold of her person, but he the said George Hairston was repelled by force from the said Mary E. Thomasson, and the said George Hairston did not actually commit the felony and rape attempted as aforesaid, against the peace and dignity of the Commonwealth of Virginia. This indictment is found upon the evidence of Mary E. Thomasson, Sallie A. Stone, Banks Valentine, Mary H. Valentine and Kiah Cahill, witnesses sworn in open court to give evidence to the grand jury. di. Where Female Is Under Age of Consent. MISSOURI. (Rev. Stats., 1899, § 1848.) Form No. 1915. (Precedent from State v. Meinhart, 73 Mo. 562.) [Follow Form No. 86 to the *, and add:] that Theodore H. Meinhart, late of said ....... county, on the ....... day OF sssx% , in the year of our Lord nineteen hundred ad -ereoas , in the state of Missouri, in and upon one Amelia Thomas, a female child under the age of twelve years, to-wit: Of the age of nine years, unlawfully and Crim. Proc. Forms—94 1490 SPECIFIC CRIMES. feloniously did make an assault, with intent her, the said Amelia Thomas, then and there feloniously to unlawfully and carnally know and abuse, contrary to the form of the statute in such cases made and provided, and against [concluding as in Form No. 86]. TEXAS. (Pen. Code, 1895, arts. 608, 633.) Form No. 1916. [Follow Form No. 1385 to the +, and add:] in-and upon one Julia Roe, a female under the age of fifteen years then and there being, make an assault, with intent on the part of him, the said John Doe, of her, the said Julia Roe, to have carnal knowledge, she, the said Julia Roe, not then and there being the wife of him the said John Doe, against [concluding as in Form No. 60]. WISCONSIN. (Stats., 1898, §§ 4382, 4383.) Form No. 1917. [Follow Form No. 68 to the charging part, and add:] in and upon one Julia Roe, a female child under the age of fourteen years then and there being, unlawfully and feloniously did make an assault with intent her, the said Julia Roe, then and there to unlawfully and carnally know and abuse, against [concluding as in Form No. 68].. 9. AIDING AND ABETTING. a. In General. LOUISIANA, Form No. 1918, [Follow Form No. 28 to the charging part, and add:] with force and arms, in and upon one Jane Roe, felo- RAPE—AIDING, ETC.—PRINCIPAL UNKNOWN. 1491 niously and forcibly did make an assault, and her the said Jane Roe, then and there, at the said parish of St. Landry, state aforesaid, forcibly and against her will, feloniously did ravish and carnally know, contrary to the form of the statute of the state of Louisiana in such case made and provided, in contempt of the authority of said state, and against the peace and dignity of the same. And the grand jurors aforesaid, upon their oath afore- said, do further present that Samuel Short, on the ...... day of ....,19.., aforesaid, at the said parish of St. Lan- dry, state aforesaid, feloniously was present aiding, abet- ting and assisting the said John Doe the felony aforesaid to do and commit, contrary to the form of the statute of the state of Louisiana in such case made and provided, in _ contempt of the authority of said state, and against the peace and dignity of the same. [Indorsements as in Form No. 28.] b. Where Principal Is Unknown. LOUISIANA. Form No. 1919. (Precedent substantially from State v. Williams, 32 La. Ann. 335, 36 Am. Rep. 272.) [Follow Form No. 28 to the *, and add:] that a certain person to the grand jurors unknown, on the ...... day OF sitar. , in the year of our Lord one thousand nine’ hundred and ...... , at the said parish of St. Landry, state aforesaid, with force and arms, in and upon one Jane Roe, feloniously and forcibly did make an assault, and her, the said Jane Roe, then and there, at the said parish of St. Landry, state aforesaid, forcibly and against her will, feloniously did ravish and carnally know, contrary to the form of the statute of Louisiana in such case made and provided, in contempt of the authority of said state; and against the peace and dignity of the same. 1492 SPECIFIC CRIMES. And the grand jurors aforesaid, upon their oath afore- said, do further present, that Samuel Short, on the ..... day Of sw...95-115 bail ordetis au. 5s esiada cdamivd oo o0 ees Patel vee ou gies Pelee 0 153 bench-warrant Order... ....sccccccneserccsecescccccosccsassesses 152 Dill. OF COSES ise ericeie bees essidis 6 BSI Ro Reree Te Ba VTA TO MRC YO ORS 119 certificates, authenticating COPy....-..seeeeeeeeeeeeececeeees 120-122 authenticating original... .....cccc cece cece cece eee ee ences 123 Alivigito vriioa ev cauiee na ewaen ve ade daatony oexeed noe et 142-149 forgings.) sauanvaogme sy ess i aan wicca cua dae end 1013 name of prosecuting attorney..........eseeeeeereeencs Sie Hadas 125 name Of PLOSCCULOL... 0c. secre cere reece ete n ence teeta tennes 126-128 names Of petit JUTOTS..... 0. ccc cece eee ee renee en eeeereeteanes 124 MAMES OF WILNESSES ev o:0 sessed oc sisioie ae oltieln Sa eieceuavee wsitieie es Hee 129-141 presentment and filing......-....eseeeeee cere teeee rene rene 142-149 TECOTdiINg ..ecerseeees ‘Aeeowin's ¢ Glee. die see ese Gea e' es Mee dA ees 150, 151 waiver of indictment.......cccccceree ce een sete cnet eeeneeenenes 154 of copy of indictment....... de oe SONS. EF rela eRe es 8. sie 155, 156 INFECTIOUS DISEASE exposing person with..... siepreWinaeed tilgeey Geka teens. prises 1693 INFORMATION as to where abortion may be procured, publishing................ 264 INSPECTOR OF ELECTION conspiracy to procure neglect of his duty...........eeseeeeeeeee 702 INSTRUMENTS FOR COUNTERFEITING. See CouNTERFEITING. INSULTING LANGUAGE. See Disorperuy ConpUcT AND PERSONS. INTOXICATED PERSON CATTYING WEAPONS... . 6. cee eee eee teen e eee e nen e te eeeneeees 624 INDEX TO FORMS. 1 59 5 INTOXICATING LIQUORS FORM NO. adulterated liquor, unlawfully selling or giving away....... see 1283 adulberating soe. siescsee se seeeis eeese wes S sine eee a tiene ooeee 1246 arsenal or armory, selling or giving away at.............. wee ee 1284 as a beverage. sale of without a license............-.... «1393, 13894 being interested in sale without a license.............--.0000e0- 1374 betting in a place where sold.................. eee eee eee . 1043-1045 billiard-room, selling or giving away at........ 0... cee eee eee 1285 **plind tiger,’’ selling or giving away at..............0..0 eee eee 1301 bond, selling without giving requisite......... 0... cece eee ee eee 1361 canals and locks, selling and giving away at................20008 1236 capitol building, selling or giving away at...............-06- «1287 cemetery, selling or giving away at....... 0... cece eee ence eee 1288 certificate, sale without posting up..............eee sees ....1406, 1407 church, selling or giving away at.......... 0. eee eee eens oan 1289 city ordinance, sale without a license in violation of......... 1387, 1388 elub, illegal sale by means of........... cece eee ee eee atin’ 1375 college, selling or giving away at........ cece cece eee eee 1290-1292 common seller..... s Wee's ews yas 8S dees 4 Sites Oa os me 1329-1331 concealing unlawfully........ee eee cece cece cece cece eect eee eenes 1282 conspiracy to defraud by removing to evade payment of internal revenue tax......... sedebls sows sose PSS DER Se Rese SA EIT 697 conspiracy to take, held under lawful seizure...............--004- 693 convicts in prison, selling or giving t0............ eee eee ee eee eee 1333 eourt-house, selling or giving away at.............--------- 1293, 1294 druggist selling or giving away unlawfully..............-.+.13820-1326 election day, selling and giving away OD...........eeesee eevee L307 election day, violation of law relating to screens on..............- 1412 employing female to Sell.........ceeeeeeeee reece eee eeeeeeeees 1247 employing minor to sell........ a aelehindd 4s Waals asda e seeud arene . 1248 fair-grounds, selling or giving away at... ...e cece e eee cece rene 1295 former conviction, allegation Of .........s.eseceeeeee cece ree eees 1416 giving away (see selling or giving away, this title). habitual drunkards, selling or giving to..........++e+---- . 1335-1337 holiday, selling or giving away on......... bib dt atdibanieies baud Maranon 1308 holiday, violation of law relating to screens On.........+.++++++-- 1413 homicide by forcing deceased to drink to excess......-..+..-++--- 1163 hospital, selling or giving away at....-.-.eseeeeeeseeeereeereeee 1296 house of ill-fame, selling or giving away at......eeseeee reece 1297 idiot, imbecile or insane person, selling or giving to.........-...- 1338 Indians, selling or giving to......--- ee ae 1339 inmate of soldiers’ home, selling or giving t0........-+-++--eeees 1340 intoxicated person, selling or giving to.......-+++.- elation a 1341, 1342 keeping drinking or tippling-house.......-.-..--- gad ss ee 1240-1252 in violation of ordinance...........-+++- dass oacetenie 86 aede oye 1249 without license .....----+e seer eee ee teeeeens .. ++. 1250, 1251 without permit .........eee rete eee eeeees eee Tee ee rT 1252 keeping open or exposing for sale at prohibited hours.......1255-1257 1596 INDEX TO FORMS. INTOXICATING LIQUORS—Continued. FORM NO. keeping open or exposing for sale in prohibited territory... .1253, 1254 keeping or exposing with intent to sell........0eceeeeee ee + 1258-1262 leasing property for sale Of.......cceeecc scene cerecerereerenes 1264 license, sale Without.......ccceecesccccceccceressesenece . 1362-1399 license to sell unlawfully granted........esceecceeeereee eine 1277 line of railroad, selling or giving away at.......cceseeeeeceeees - 1298 liquors not Inspected. cccecscowss seven staves ssanenecevess sone l332 local-option district, selling or giving away at..............1299-1301 locks and canals, selling and giving away at....-.seccccseereeres 1286 maintaining liquor nuisance.......cceecececccececeececees 1265-1275 manufacturing unlawfully. ...cccecccccccsccccsccccsccccseveee clas without paying taXiicess cess ianens come acewrise veers seer 279 minor, selling or giving t0........esccescnccereceeesee es 11843-1354 neglect to appoint town agent......cececeneccccccsececeseesens 1276 oath, prescribed, sale without taking. ......cceccccccccescceeees 1408 park, selling or giving away At.....ccccccceccccereveeeeesnetnes 1302 pauper, selling or Qiving tO... ...cceccenseceeccncassceeeserenes 1355 penitentiary, selling or giving away At......cecececeececseeceees 1303 perjury in trial on charge of violating liquor laws.......... 1824, 1825 permit, sale Without.....ccecceesececccceccccecceeeces ee 51403-1405 physician selling or giving away unlawfully......ce.eeeeeeesee es 1327 political speaking, selling or giving away at..sesseseeeceeeeeeee 1304 prescribing unlawfully........escceeccceeccecescceesrens L280, 1281 prohibitory law, sale in violation Of........+eeeeseeeeeees 61389-1399 purchasing for prohibited person.......seeseesereereccseveees 1360 religious meeting, selling or giving away at........seseeeeeeee ee 1305 removing unlawfully.....ccceeccesereccsece ence cee seeeeece ee L282 sale in less than certain quantities......ceccecessscereece 1376-1386 sale in violation of prohibitory law.........eesceeeeceee «1389-1399 | sale without payment of tax......ccececeeeeeeeeeec ences L400-1402 sale without Permit ......cecceceevecsvcsecevecvccrercers 1403-1405 sale without posting up certificate... ......seeeeeeeseeees 1406, 1407 sale without taking prescribed oath........seeeeeeeseeceeeeeers 1408 school, selling or giving aWay At......seeeeseeeesesseeee + 1290-1292 screens, violation.of the law relating to......-+..sseeeeeees 1410-1414 at certain HOurs.....cccccscecccsessccccseccccsoecssseses LA ON election AY... .scecccccevcessesceseseseenessenves eee 1412 On holiday .....ceccceceserceecccscencececcesveseeeene «1413 ON Sunday occ evcccenecccnn eae ceeeseeeeeeeenceneeeteeneee 1414 selling or giving away unlawfully......s.ceseeeeeeeeeee+. - 1283-1408 adulterated liquor... .csceccccecccsesacsesescceceseereeees L283 at prohibited hours......0+s-+seeesecececceerceeeees LB17—-1319 at prohibited places or localities........++eseeeeeee +. 1284-1306 AYsenal OF AFMOTY....cceeceeveccccccrceccenvorsseseee L284 Dilliavd-TOOM ...scccccvccccerccsccscenceessseresssnes 1285 Canal and locks.....ceccccccceccnsencesacenseesceneses 1286 @apitol Duilding........ ccc cs cece e cence eee een ene eens 1287 INDEX TO FORMS. 1597 INTOXICATING LIQUORS—Continued. FORM NO. COMLELERY: is njacha) dig 21 siciers Sreiele de’ etglntavero cpeverare salatdianes saree Hae 1288 CHURCH. 5 sie's sian ‘e's sieene Saibeue's Yorerars s VRS Y Tacos ws.duewela ee 1289 college, school or university. ..........ececeeee oe 1290-1292 COME “OWES fei sees0%: cise. t.ayaiae ia: 9 ein iors wistdunde etomarere asec 1293, 1294 Fain BTOUNGS -s.o.e0s sisse s:secee'e e iaiers oe Weds Galea Re eRER ee we 1295 hospital ........... aie i uisians @ Satate heels ea hse a wb aLieee ee 1296 house of Ul-fameys conv iiss sheen 6 Ses ck ale teceew eee 1297 Vine of radlrOads oc pistes c see vacua ba 0ive vee iacee ania cake 1298 local-option district............. Said gle See Hae Se oe 1299, 1300 running ‘‘blind .tiger’’.......... ee eke se Saute eas 1301 JOCKS... isis spans’ s canis 's ste e dalewes caries Hewes savers ++. 1286 Pathe i aissse eke bales hed Oia ales Haan omnes ...1302 penitentiary .......... wigied sive doutemule eosin oss sues ae 1303 Political speaking..........ccceceeececesecceese cece LIF Teligious MectiNg: secs isos svaeas sadcedsevers cesar nser 1305 school ......... a stgie Sie ee Rastcaua aheieisce aistiese Riarorace Ree ‘sees 1290 soldiers’ home..............cceeeeeeees Stone eiemiirnaas 1306 university ....... SES Tardis stees Saves ws Saks e-areelod searneg tae S 1290 at prohibited times........... ‘GSO Ce Hiveid ae Siete e 6 8% 1307-1319 election dayivecccscewssvass cae vece Sais SiMe arhan ead 1307 HOMGAY™ 26 v-eceiers acess dacssane opananieee et eligi. duds eibnd pa, 8 ezaveuere ciara 1308 On SUNY sees oaeaye eeanes aac cecevseeeee + 1309-1316 prohibited Nourse. sis csecewe secu, 645005 sis slaw ss ee 1317-1319 by druggist..........0..eeeeee sania aes eee eeeccc ee 1320-1326 as a beverage... dees a Bees senses Sag: B trdeeiss 8 ave BS se oats 1321 not on physician’s prescription....... beg staieee aigoasttessie 1323, 1324 with permit from probate judge........cccceaeeecseeens 1325 without permit from probate judge.......seseceserceees 1326 by physician......... eis es aitetoe a ee Sa MES eae s eles zeae 1327 by soliciting orders for....... tee eee eae e eee e eee een n eee 1328 common seller...........- syeoblas see ae sas arene pea seats «+. -1329-1331 liquors not inspected.........-...++-+ aise akielet aia ee 8 1332 to prohibited persons....... Sie ew oidiere ois wibwis ee tiee esc se 1083=1360 after notice not to sell... ... cece eee e cece cece e ners 1358, 1359" Convicts im prisOn.........eeeeeeeee HIME ROT s oa RE eS 1333 female .........- Saja tapas etavaueee Sr eG eine de: a eotuare dh Se areca 1334 habitual drunkards...........2eeeeees sua elrennd Saved 1335-1337 idiots, imbeciles and insane persons.........0..0+seeeeee 1338 Indians ....... aidhiueie oe reaeehe Stionigw se atwaw v agiome seosted 1386 QUETE) coiedisisiciniarrs.ctereeao aera aie waaresen a yooniaie ea genen 1382-1385 in violation of city ordinance......... ccc eee eee eee 1387, 1388 in violation of prohibitory law.......ecescecseeeeesee 1389-1399 as a beverage........+60. One cere n eer ee ter ecsace 1393, 1394 not to be drunk on premises.............00.00c secu eee 1399 to be drunk on premises.........0ccceeeseerenveee 1395-1398 INTOXICATION. See DruNKENNEsS. ITINERANT VENDOR of drugs professing to treat diseases, ihe a license.........0.. 824 JAIL DUPNING AS ATSON. .c cece cece esse eee ee rece ceeterereenne .- 312, 313 Conspiracy ‘to break....ce2cvenascxasusdes scion ieee her i aereey sé 671, 672 INDEX TO FORMS. 1599 JAIL—Continued. FORM NO. £0} ESCA DE disses deca acai cadmas paren ene ting RE ae ee oe Es Oe 671 to kill prisoner. Lge ewes sa deg «a atem san els a eee mere eee ad oes 672 defacing or injuring, malicious mischief................000eeeee 1613 JEWELRY hawkers and peddlers selling without a license............. 1092, 1093 JUROR libel on in published article...... 0.0... ee cee cece eee eee eeees 1581 perjury on his voir dire. ........ cc cece eee cece cece cence eeneee 1830 JURORS indorsement of names Of. ........ 0. cece eee cece cette cee eens 124 JUSTICE OF THE PEACE BECEPLIN G PIIDEs o:5 6.6. spines: w'siainte’ o'eipisin wie wieew:e 0 iesaree by istwnne o Seabaners g's 482 embezzlement by............seeeeee oie PHAES 6 ROR 6 MES BRET 897 extortion by.........--.seseees se Bittw Sie WRITES SRISINS SNR ERR Eas 931 giving or offering bribe incloedanensacamccuactoess Seyavenaie ae 463 perjury in trial before. See PERJury. KENO keeping game of and exhibiting device for................000008 1055 KICKING HWOMICIME: Dis sieisin sss sinieie 5s bi gwisie © ennai ade ee whole 9 ulate Sie wi 1122, 1123 KIDNAPPING and carrying away from residence. ...... ee esse cece cece een eeenee 1423 child stealing........... Pi geese HOSS ee laws Paes Gass yee 424-1428 to conceal from parents... 2.0.0... eee eee cee eee ee eee 1426, 1427 to extort money........... Sas AG salts HE es Ce ea 1428 Bhanghaiing sailors...... 1... eee e cece cece eee e cnet ee eenes 1429 to carry away from residence.......-.---. sees eee eee eee e nee 1418 to imprison within state.........eseee cece eee e eee enter eee es 1420 to: send” out Of St&te.sowss sncdas sea ss cue besten ee wile ba ee 1421, 1422 with certain intent........ ccc cece eee ce eee ete eee enee 1419-1422 KILL assault to....... cece etna raccnccccccssesoesesecsessecesssd04 383 LABEL selling poison without. See Druaaists. LARCENY articles belonging to different peTSOMS......++++++eseeeeeee 1450-1453 as to generally.....-++++ cece reece eee eens eer eeeesenees 1430-1449 eit Breeds siccis idan v aucie swale 4 4 ede eR ete 2 elienaaat 1512, 1513 at NAVY YATd... cece e eee eee eee e teeter steer ees sSiaiwis ela Brot Sere 1530 attempt to commit, in general.....---.-+seeeeee eee ee eens eee 1546 from the Pperson......seeeecee sees renter teeter set eeeeeeees 1547 bringing stolen property into the county. ....--.-+.+.e eee 1550, 1551 1600 INDEX TO. FORMS. LARCENY—Continued. ‘ FORM No. bringing stolen property into the state........+++- aetna wae 1548, 1549 _ conspiracy to falsely charge one with.........ssseeeeeeeeeees 654, 655 LIOM, CBF s6:4 cs sien es seieae ae were ea eee 5 ead eee we cee a 6 asi vee LO24 from Conveyance ......eececeseves is accueelslors canemn e-cettene eta «1525 from letter-box .........ecececeneeseere au ial Haase B armiaie PCE TAA RE 1531 £TOM PCTSON ... ee eeecseecccceescececeees co ccecesccecees sLO37—-1542 attempt to COMMIt...... cece eee een e eens Sow pieee® Sesereeoue 1547 from post-office ..... ccc cece cece ee eeeaees 4 ¢ Meals asiovere eateele 1532-1534 letter containing article of value....... ACRE FORGETS ERO He 1532 not containing article of Value......ceesessoececreevoes 1533 packet ..... ainiig sisi spaicelete Caletsi'ova "6 eeaeee occ rece naeereessecane 1534 from private building, in general...... ooenceeonces eaeeees 1514-1519 in day-time ........ sews weeks sales aw biallerw ea eyeretes 6 aiaeds: exe cdters 1520 in night-time ......... seen eaters weds SRREE CE RNR S ORE Ss SiN 1521 with count for simple larceny.........+ssccccsccecccerseees 1522 from public building..........e.eeeeee oe eceeecrecseces eee ee 1523 from vessel ......ceecceerce oY Wai s eee oehefedetexersits os sateen 1526-1528 FLOM WIECK s.aisiw 6s wets boeew ase elee 6 Se raha ce lay siele swiailere 6s e%eze rs e's sro 1529 in day-time, from private building...... ey Sarda leas Nhs arene eas 1520 in night-time, from private building...........0- Miceserala eravero Bsa tesaes 1521 of bills of exchange........... Neecrteators da gisee Sicacemtotad 1501-1503 Of birds ....cccescecenconce el eiareieiers wisieseieie panei are era's nieeess 1465, 1466 of bonds .......56. stank angers eee ore eyeialis lerewid S1ASicAs o's eee 1504, 1505 OF CLOPS 35 Silage Gnasevaradahone scauavexebine ge 1695 PigsSty” svessieisiecseirere sewideys Us Gale eeawuanientiasa occa lle 1696, 1697 slaughter-house oa:.0ste0s neces caguemesewerscdeaen tae eens 1698 obstructing highway, in general....... ccc cece cee e eee e rere eens 1699 WY OTL: esata asi ccea tease lbs aoa /dasgnnaitood cused aveuo uated on crane 1700, 1701 by buildings and Cars... ... cece cece eee e eee c cent een ee 1702 Dy LON CG scisceisy sie areas Saudanee gra oni Wa area See etre REE eo actus 1703-1705 by railroad bridge:. «02 css eeiser see eene ens wneres wawne wns 1706 by railroad Catintncavcnihs care eitas tea was aes Ae Rae hori pceend ore 1707 by waters of dammed crceek....eceeessevece a etlagnty ba coded oi Rye 1708 INDEX TO FORMS. 1609 NUISANCE—Continued. FORM NO. obstruction of navigable waters...........ccecccececccece -1709, 1710 oil-works as a............ SEES Seah aee ie akolne nome sees wees 2 1695 outeries in public street....... de Sea pee aw ew Fe aR ta BEER ie aesssoesy, 1711 PICUY SOs oshs0isss cenwiecaVvasuy bneeme weeaweacwds eee. 1696, 1697 polluting running water...............cccceeceee waco veel 712,713 PIVY- AS Bss once bos wee eee se eb aes aa sp: (Shelissa Bguetahenwea'e nue 6 eae 1914 profanity as a..... piibiela:es grace eas orsra lols Giatsie W enetenad Se WEB SG Helavethe deve 1856 public street, obstructing............. 0c. cscs ceeceaeecaes 1699-1708 QUECTIOS ID v.60 's eciee odacwi sn ceeees Sees eopueta estas se derngicee weal railroad bridge obstructing hiohway a arGiead Glo at epine's Selaraie: sseieeis oe “1706 railroad car obstructing highway...........eceeceeees sagen «+e L707 short smoke-stack aS .... 0.0.0. cece cece cence cece cece nctcecncees 1915 Blaughter-house a8 A........ cece cece cece cece ec eeeececues eeeee L698 stationary engine asa............. aera apea sets mand sere biste’sistevets -..-1916 suffering noisome deposits aS &.............0005 eeceare ia agit 6 ae +1917 OBSCENE LANGUAGE. See DisorperLy Conpuct anp PERSONS. OBSCENITY children, indecent and obscene language in presence of...... seis'os LEA, stories of bloodshed, ete., not to be given to (see stories of bloodshed, lust and crime, this title). domicile of another, indecent and obscene language in............1722 indecent publication (see obscene and indecent publication, this title). lust and crime (see stories of bloodshed, lust and crime, this title) militiamen on duty, Dy......ccccececccencerccees Srey acai 1718 obscene and indecent language (see use of obscene and indecent language, this title). obscene and indecent publications..... aie idiotol ee ere eietaxe «1729-1757 buying, in general..............000 us Sasi 64 Wisk eeeee ee L729 importing ....... sewneowawes one es aioe eS Whine seGew vesweew TLTSO manufacturing, in general..... tuisva se eBhLG ie Se enohieaessecans siiee-aoroed (OL designing, drawing or engraving...... apeearebieveaarers peivew LIBS editing, printing or publishing........ Si Hee Vo ee ee oxaieakiae selling or disposing of, in general........ cece eee eee eee ee LTB4 giving away, distributing or circulating....... «....1735, 1736 giving information as to how or where to obtain........ 1736a having in possession with intent to give away, etc........ 1738 introducing into family ....... sieidleie ofa teisjeie swistadinieias +. 1739 introducing into public place of education....... as eeeee 01740 lending ........ chia arneae eRe RS ied i XeeRS Tew eae IST receiving subscriptions for.........sseeeeeeee reece eee LT4l selling by mail........ PL sldeaies sep gee nesbusinrce yl 4o— 174s anonymous letter.......... veeser see eidaielaietace oeeee 1743 deposit in post-office........ iwieees i Maen 6 eeeRae ooew 142 government official aiding or abetting...............1744 sending by carrier other than mail....... Ried oteueine sae LEAD 1610 INDEX TO FORMS. OBSCENITY—Continued. FORM NO. showing, exhibiting or posting, in general............+- 1746, 1747 by means of show-bills....... ee rr 1748 keeping room for purpose Of.......... cece cece rer eeeee 1749 writing, marking, ete., on public or private property..... 1750 phonographic exhibition, indecent and obscene language in........ 1728 public street, indecent and obscene language in...... vee eeeananes 1723 railroad train, indecent and obscene language in.......... sane eaves 1724 singing, obscene and indecent language in........eseeeveeee .». 1719 in a public place........eceeee cece eevee sania bs ehee os eoeees 1720 stage, indecent and obscene language on.........--++ te eeeeeees 1725 steamboat, indecent or obscene language in........-eseeeeeereres 1726 stories of bloodshed, lust and crime....... Sark Vesa a ceeeare' es 1751-1757 giving, lending or selling to child............ceseeeeeee eee L752 having in possession with intent to give, etc., to child.........1753 offer to give, lend or sell to child............eseeccesceoece 1754 permitting or employing child to sell or give away...... voeee el 755 printing or publishing.............csseee cesses eneeee ooo AlT51 showing or exhibiting in view of child.............0eeeceeeee 1757 street-car, indecent or obscene language in........ccececeecsnveee 1727 use of obscene and indecent language. See DisorpERLY PERSONS aND ConpbucT. by militiaman on duty.......cccececcececresceeeecrevveres 1718 by singing, in general......... ccc ce cee ecer ere ecenseseenes 1719 in public place. ....ccccccccccccccenneeesocesseerseces 1720 in phonographic exhibition. ..........ccsececcssevece eoeeee L728 in presence of Children. ... ce sscevenccceccrerereseveseecs 1721 in prohibited places........+eessee008 aeee8s eeeceeeee L722-1727 in domicile of another..........000- dae. wallets iw Sreteedeoe siete 1722 in public conveyance .........6- eeeoseces eeeeeee 1724-1727 Tailroad train. ..ceeseceeeeeee oe cccccevcessere oe +1724 BLAZE .. cece verccccccsereces eeceee SOR cee St) 1725 steamboat ..cecsceeescsees toca tere ccccccerecese eel (26 BLTCCE-CAT oe cosvccccccrsesccccvcccccesseseccsesserlial in public street ..ccccccccvcnccccesevcccccssccesecessliud OBSTRUCTING JUSTICE by assaulting an Officer... ccecccccccevcvccccccsvcccesesssseese 1758 by interfering with witness.....scccccecsccccccsccccccssessli (41777 AttEMPtS ..crecccvcessesnvvcsscvevesseeecesesessccceseees 1774 Completed ACh. ..sscecsccvccscccccveccccccssscccesesel i fo-1777 by counseling and advising. ..cccccccccccvecsccssccsens 1775 by making intoxicated....ccsccsccesesscccccecvseeseeslI6 by threats ......ceeeeses ance rcevcerceeeeceseserrees 1777 by resisting officer........++.s0 oe cccerccccccccccccscess sl l09-1771 while executing writ of arrest....cccccccccvevesesess ++ 1761—-1765 deputy sheriff....... cane cccccccccccecccccccesessesess LOL special deputy sheriff.....cccesccvccceccssereecess 1762 INDEX TO FORMS. 1611 OBSTRUCTING JUSTICE—Continued. FORM NO. Constable wa saw x's sailed aascues ole Wid Gig aie wlaiee vee eaaes 1763, 1764 "special deputy constable.............00cseeeeeeeees 1765 writ of attachment ........ ia a hans Soya seek ia Sia ed Sue a rasisv ae 1766 writ of execution ........ccccce esc c ees eecse cee aceees 1767-1769 Constable sisi &.stvsieelsstooaia vajackd. as Salou Fara Sia aweteleloeae ate 1769 SHOT L/s.0- cusses our ses comenauew erates emma ies 1767, 1768 writ of habeas COrpus...........ce cece cece eee e cee eesneees 1770 writ to collect taxes......... 0... cece cece enc cee ee eeceees 1771 by resisting person aiding officer............0.cccceceucuuceeees 1772 by resisting receiver ............ ce cecee eee ce ce ecccccesece «1773 conspiracy to obstruct. See Conspiracy. OFFICE breaking and entering as burglary............eeseeeees wie sare 521-530 OFFICER. See Pustic OFrFicer. OIL-WORKS BSA NUISANCE 5.5.5 9 536 secon o'eis 6% vasa wraveinle) a 4\cigwie disisln’s W¥elele Gb eieanes 1695 OLEOMARGARINE Wakery j.USWMp? Ns. se iscic aiid ain. s casas 4 40u! ae ntenees Guaeele oaNeeIn saeleiers 1785 charitable institution, using in........ else etpiste’n wrestate visi ese sieizee el 1787 coloring ........eee0- 6 eLeisinte eieinsiese's eiete die Siaksiene. @ SSiem 8.6 Sie «-- 1779, 1784 hotel, using in..... Hee a erereee Row Sa RRNA AM ET TA Gales Gate ak Obie 1786 Jebel, Pei OVID ais s:aveisie aissasa,s Siareierd scdchinis 9 scardoa.v Siyeis 34 Seasevd biocslesondca 1788 selling without..... ananiaiare wi sien ig oh uauale 6: oie ese Sip eentee aKeree es 1782, 1783 manufacturing, in general...... 2... cece eee eee cee e teen ences 1778 colored to represent butter........... oe ee ee 1779 Femoving label... cccsccecccsrceccnccccenee ne cseaseeestneaces 1788 selling, in general. .....cccccsscccsecccceeeenecssesesenes 1780, 1781 not colored pink..... siete seteeae ets Sieieisrormeete s Sie aig "we erguwtedersior shen 1784 without: labels csc:s0 ewisie-o stnsiers sitar dE wteiste od OE os 1782, 1783 Using) in) bakeny:.sés sass i weescavew eaten ss dese ss aer ees wees cxae se 1785 in charitable institutions. .....ecesseececes BRET sedge Seis es 1787 im hotel ..........ceeee eave’ nspihvereieie esa'eebveie, er siarerianp.o. cuacb id @ adecaions 1786 in penal institutions... ..eccceececscce sec eeee cece cee eeees 1787 OPEN AND NOTORIOUS LEWDNESS indictment at common law.......+eeseeeees sideie s esie si vieieisie a ernee. 20D OPIUM JOINT. See DisonpErty Housss. ORDER allowing amendment......-+++s+eeeee se eeee oeaeeee eee eeeeeeee 157 entering true DAME.....- eee ee eee seeeeee teaceee ese neeeasveeees 159 for new indictment or information........... seeees oie aise «ee. 160 ORDER FOR MONEY. See Forczry. uttering forged...... soccer ee eee seecereneeccece eee e eee eeeee 1023 1612 INDEX TO FORMS. ORDER FOR PAYMENT OF MONEY FORM NO. forgery of. See Forgzry. ORIGINAL INDICTMENT certificate authenticating......cieccceseeseee Deis seg ews eee a swe 123 OUT-BUILDING burning as argon.........eee00. aided: atpwacalandea teat os Seung Set Cares 300-309 OYSTERS TAM COTY? OM aiesautnaicesaie-ayocese: o-5-avausid eo oye Gc, dbase dele e-ae MRE Hoe WR WOLE a ae 1489 PACKET larceny from post-office. ...eccesecscesccvens eee e eee ees cnesanes 1534 PANDERING in general........... UES SATE T Hise Eww TS Slates ive seeeee se veeeee cel 89 PAPER MONEY counterfeiting, uttering, ete. See CouNTERFEITING. PAPERS destroying, malicious mischief...........s0eecee- oeccecee + 1614, 1615 PARENT : incest with child...... oe saeee awaeis ea9 oo evcnccccccccsses slang, 1229 rape of daughter. See Rapp. PARTNERSHIP agent of, embezzlement by. See EMBEZZLEMENT. PEDDLERS. See HawKurs snp PEeppizrs. ‘(PEEPING TOM.’’ See Disorpesty ConpucT anD PERSONS. PERJURY at preliminary hearing of a criminal complaint................0+ 1809 before grand jury.......+eeeeee wipieieg have #058 otis ee eeeeneee 1910-1913 by juryman on his voir dire.......... #4 bisieis: W's she-eieie #eiareis seem w e's 1830 false swearing, in general..........seeeee- ee er ee re 1836 in criminal trial.............- aes 6 ale iS 6 6 BATES 6 HORT 6G RUN aS 1837 to procure marriage license..........eeec eee ec nec cess eecees 1838 in application for continuance ........ pcahSxe'e ayauetel ei ri etavese Seieseiaiei 1805 in application for service by publication............ ee ead es 1806 in civil trial, as to generally............. £06 Sieees wis o's 5 1790-1793 before court of TECOTd......ceesaccccececercsecssvens 1794-1802 before justice of peace........... Sais BSUS LRT aOere Bere 1803, 1804 in contempt proceedings......... Bei: S eebwasee avasaile aiecay bias Seaver Geecartng 1829 in criminal trial.......... giKeate siginsqeneie se arateteveg neta yee 1814-1825 LOY ALLVAY: ves cisieie ee siere's oe Kees eS eisee a Hee Ns wHEdE 6 were wA sees 1815 for carrying concealed weapons........+..+ 3s aaterenes at fase ¥ ane 1816 for fornication ........ceseseeeee eC i S:8 Seas ein ian ieuwie res. aks 1817 for larceny .....cesesesscesscecene Panes te seeees oer vas 1818 for murder ....... salaaiile Saleen eeuyae wlvgaeaw gone olaage 1819-1822 for theft ........ee0.44. Bib) sctace Gilanete eG wild 82 geval SaLRT © a}eid « 1823 for violation of liquor lawS...........seeeseeeeeeeees 1824, 1825 INDEX TO FORMS. 1613 PERJURY—Continued. FORM NO. jn justification on bail bond..... area aeee sacs Bisveites miGiaie cine 1807, 1826 in making affidavit of no property subject to taxation............ 1833 in proceedings before grand jury..... Suda pieines's Heteee Stes 1910-1913 in quasi-judicial proceedings............ccccccesesececeecs 1831, 1832 before board of county commissioners...........0.eceeeeeees 1831 before United States Land Office............cccccceeeeeeees 1832 in support of claim against decedent’s estate..............ee000- 1834 against United States....... cc cc cece cece nec eccerecsecees 1835 in signing criminal complaint...........0c. cece cesccccecaceees 1808 on motion for new trial in criminal case.........2.....00008 1827, 1828 subornation of perjury, in general is) aes Soren aS o's hohe Bog eats 1839 attempt to suborn............000- es aS NEES 6 SARE Ee eiine 1840 PERSON rescue of...... a's wares a ajais aie Siaisiete se awa vce © Sistas sre 30s 1920, 1921 PERSONAL PROPERTY DUPDING AS: BATSON aos esse emesis Masa FF de eee See ees 317, 318 burning to recover the insurance.......... sec e cece e ee eeeeeees 322 PETIT JURORS indorsement of names Of.......0.02.essececeevcens aR Ees - 124 PHARMACISTS. See Druegeists. PHONOGRAPHIC EXHIBITION indecent and obscene language in the singing in......... oe eeseeee 1728 PHYSICIAN abortion, homicide in. Seo ABORTION. drunkenness Of. ...6 0... ce eeeeeeee id ocbyeiese ere 'SyS's GIF, Ste RCR WS mcapeaise 837 homicide by malpractice....... Seca e cements aig meine eoinauaie oie 1165-1167 prescribing intoxicating liquors unlawfully.................1280, 1281 PICTURES & of prize-fight, exhibiting........ J ileseav sd Scsereeiss Be ales vielerere bw ators 1845 PIECE OF IRON homicide by striking With........-.eeseeeeeeeees aiel cistaye sieve! ciate savers 1124 PIG-STY AS A NUISANCE... eceeeeeessesesoccereceres oceeees peeeees 1696, 1697 PIGEON-HOLE keeping game of and exhibiting device for........+ss+s++- oeeee 1058 PIRACY in general.....ssseessereceseeecscteessceseccscecesesescees sc 1BAl PISTOL homicide with. See HomiciDr. PLACE OF AMUSEMENT carrying Weapons intO.....eeeeeseee sce cceneeereennseoerensens 610 1614 INDEX TO FORMS. PLEA ON ARRAIGNMENT FORM NO. indorsements as t0............ oer sevcccccccccccereccossst li, 118 POISON administering to animals or exposing. See Maticious MiscHIEr. homicide by. See Homicrpz. selling. See Druecists. sending by mail..... oer c cen ena nsec eceesecenscescccesccess ol l81 POKER homicide by striking with........sses00. oia.seidieig gree era's, eieieiaiecie's s ATED POLICEMAN libel on in published article.......cceccsecscccvcseccccees 1582, 1583 POLICE OFFICER aecepting bribe....... dioioseieiefaisn eraneiesaioiarsicis ab labade'islariatetalapsielbleteteusiale 483 ASSAIE: WPM. 5 oieieies eine ae ecsinidie:s eeiierd-s wi alow eeeatew a... 413, 414, 1758 conspiracy to obstruct justice by assaulting.............-+e-0e0s 690 drunkenness Of wows ex scivices caeieescnds sania ds sancass SiSetiS i Sceneres 838 MibezZleniOn b: Wye sieix.s--caccveresee keys is eresoisnove sapravscessaiardroneie’s Werersavers 890-903 extortion under color of Off(C@.......... scence ceecee erences 928-932 failure to use authority to prevent duel.........+.... oie ‘plananecno ear 856 falsely personating:. ....0¢siesscaed caindeas s oases eneargce seers 943, 944 larceny of public records by..........sccceeeecccccoenenccscces 1498 libel on in published article. See L1BEx, resisting. See OBSTRUCTING JUSTICE. suffering escape. See Escaps. POLYGAMY polygamous cohabitation.......ccccccccsccccccccccccccecess 446450 with person married in another state...... syoisiesiglerge ais sieigis 447-450 POOL-ROOM keeping as nuisance... .c.scecccccccccescccececccces a eeeceece + L694 POOL-SELLING. See GamEs AND GAMING. POSTED NOTICE libel by........ Geile s wane Wate ate suweanee En aeaeee aconmncl OB POSTING for failure to fight a duel. ..sccecsseccccsccccccssccnsceseesess S00 POSTMASTER embezzlement Dy... .scccccccccccrcccscccssvccccccccessssessoss D0 POST-OFFICE breaking and entering..........++. sec eereeneccenaccesscesscces OOF larceny from. See LARCENY. POST-OFFICE EMPLOYEE embezzlement by. See EMBEZZLEMENT. INDEX TO FORMS. 1615 PRAIRIE FORM NO. ATING ook cs iis 8-5 Gaia SGA; woe HOES aide a Sos Sassen dw ot bibak 4, aianaee 323, 324 PRESENTMENT AND FILING indorsement: Of... saws seesed wesw ceaee esse ee wees oa ee neeeee 142-149 PRESIDENT of bank, embezzlement by.....sceesesecceees een c concn eecaneces 883 PRINCIPAL in second degree in homicide with bludgeon, person who gave blow UMENOWND 2. ccecccaccccccccensccscccncccccrssscccscsensesessllgy PRISON Durning a8 ATSON.... cece cere ence wee ecccceeccccccesessdlay 313 PRISONER escaping and assisting to escape. See EScaPE. PRIVATE BANKER embezzlement by.....sssecccccccaccsescecencnsecscsecccscecens 881 PRIVATE BUILDING larceny from. See LAaRcENY. PRIVATE PARTS cutting ....... ciate’ HEidiss Raids Bra ee bmw W ss wSne ssl leie wiee'e LOLS, LOVO PRIVATE PERSON agent of, embezzlement by. See EMBEZZLEMENT. PRIVATE PROPERTY obscene or indecent publications, writing, ete., on. See OBSCENITY. PRIVATE RESIDENCE. See Dwetiine-Hotse. PRIVY as a nuisance.......- re eee eee eee -. 1914 throwing child into....... sees cece eee e eee eee tenet reece eee 1216 PRIZE-FIGHTING aiding and abetting. ....-sesseeeseeeee trees teeer ee eeteneases 1851 boxing exhibition......seceeeeeece seers este eect ee eee ee ens 1855 being present to Witness... 0... seeeeeee erect eee teen seen es os. 1842 boxing exhibition.........sseee eee ee eee eee cee eee e eee ees 1852 betting On........eeeeeeeeeeerees sarees ree 1843 boxing exhibition.........--- eisibig 6’ aveseiaiecagee-e Swed tae 1852-1855 aiding and abetting.......++-+- cect cence cee ceneeeeeeeere 1855 being present to Witness. ...ss+eeeeeeseeeee eivig ale igi aacecers welt 1852 engaging in as principal......----+-++ occ eceneeteneee o 000 L853 permitting property to be used for..........- ee cceceeneeee L854 secOnding ....+.+e+ees cieleisieus’s ee eeececeeeeeee te teeeeeeeees 1855 challenge to engage im, Sending. ......- sere eee eee ee seeeeeeeens 1849, engaging in as principal. ...s.eeeeee ects eee e reer tere etree teens 1844 boxing exhibition........++seererceree see ereeneeteeee sence 1853 1616 INDEX TO FORMS. PRIZE-FIGHTING—Continued. FORM NO. exhibiting pictures of......... pies sere: aes adi ele:ie tele areeereelale x ewwieu 1845 leaving state to engage in.......ceseeeeees aeareeeeeerasteve occ e eee L846 MS VHCM: Iso avewcsecaswss areas tecwseae Rs aaseciane eases socces. - 1681 permitting use of property for.......ceecee cece nc eccuees weeee.- 1847 for boxing exhibition...........cecsceeeceeseeeeess secceee 1854 providing transportation for.........seeeeees sia waew vies ewes 1848 Seconding ........ceeeeveee eaeeeecee waa mieieeiare eeccceeecereee ee l851 boxing exhibition...........6. tisiayoreeoieiexereveca sens ati arerscor eeeee L855 sending challenge to engage in..... ravateheaioainiorsiais slereiaiahavers veeceee - 1849 training for...... eee c tenner reserve neesecsencescrsvecvescseses sl 850 PRIZE PACKAGES AB a lOttery....ercecseccccccscccccccccccescscsccsccsees slOD1, 1592 PROCESS false personation in receiving. ......eseccececccccsccscesssseeee G42 PROFANE SWEARING. See BLasPpHeMy; DisoRnpERLY CoNnDUCT AND Persons; PROFANITY. PROFANITY. See BLasPHEMY. a statutory offense...........--5- aiashu ohaterohesatnicuastel aires seiseetee L857 as a nuisance...... eva) eieeieiaieigte) ele igreidva:e"siletb pial bin Gyelig:b VlesOiaraner relate exe 1856 profane sweaTing....c.ssesseeeeeee ase aieiareierais eivrate sree wlaistaaieiste 763, 764 PROMISSORY NOTE TICtILIONS + c0-000:6 aewwiesieeewes sae wa ae wene MORRO aes HRT 1011 LOT PERY OL ssicie vterwrelecis dase wee eae RA DRE TRACE aoe 999, 1000 larceny of....... Rice ibovauseyaauavatauensk levevspeusroue ston eyereteqoiss skevscayaveverave tees ootuane 1507 uttering forged...... eeeveee Siig vevelacsosbsavene Saraierobascoianers ot oe 1024-1026 PROPERTY. See Property Part oF REALTY. leasing for sale of intoxicating liquors........ awieee ares eeaacie'ss od 264 obtaining by false personation........ aie Gia ae ew caerulea serene 838-840 order for, forgery of........0+00> SSR SGA Rae e RRS 993-997 in foreign language.......sececescecececcnceseeces coeeee. 998 permitting use of for prize-fighting........ see eneecsescesencees L847 for boxing exhibition........... seam ewe nen en ee cer cnnenees 1854 rescue Of......seeeeeee eve cceenesnaeesesennens Hai ecsneuweee care 1922 riotously entering dwelling-house and destroying........ eMaereers 1930 unlawful assembly to break into dwelling-house and remove prop- OLE: ais cigs cree Seats wares ee vecscees Sei OSG eadisiovesevs eee e L985 PROPERTY PART OF REALTY larceny of........ saiecareie-aye eee ccc eevee cccccccsesveseess 1490-1493 PROSECUTING ATTORNEY accepting bribe.........++. iGO Vinee ORNS RTE Meee FE Viaeiarowe 485 indorsement of name of........00. eieie( Bia swiaisrerseraiaiave sonccceseveee 125 ‘PROSECUTOR indorsement of name of....... CHEE RIALS US eR eR eRe eeeceeee 126-128 INDEX TO FORMS. 1617 PROSTITUTES. See DisonpERiy Conpuct anp Persons, FORM NO. E'OBLIC conspiracy to cheat or defraud by i issuing false bank-notes........ 665 drunkenness in........ Oe O:Sis\Sie RNa seas stele es eee se oo. 835, 836 PUBLIC ASSEMBLY Carrying Weapon intO......ccccc cece cccccccceccceees weer’ 606-610 caf tle round-ups a cieiies aiaviaxi nines fo uues Sopitad « bataee ba bonve vas 607 CHUGH 3655316) 8/6 Secs a aie ee ajspiee din (Sale es ele Ss seese sd Oe crac 608, 609 COMUNE OF FUSTICE.. io oie Saiesed vedas Ha Seeno vamvea Suniiaceaun ees 606 Place of amusement.......... ccc ce eee ecencceeeceueeees 610 PUBLIC BUILDING bawdy-house near..... Sree Same w SCOT EG sete 8a.e die dane Sahahw de ere ore 796 breaking and entering............0008 9) Sid Seats sayeacisoa wiccoene seo acola 531-535 DUTRING 89 ATION 65.555 sis 'a.s 00.0 e ecinie die slaiscenie esis eds wee oeade 312-315 larceny from........ OSS e Selb S iS © KW SiR o slew ved HENS BREE SARE 66 1523 PUBLIC CONVEYANCE disorderly conduct, ete., on. See DisoRDERLY ConDUCT AND PERSONS. PUBLIC HIGHWAY discharging firearms in........ceccceceeeececeeeeceevcucacs eee 743 fighting in. See Arrray. nuisance in. See NUISANCE. robbery On OF NEAT... ..ceceeeeeccseees Si ricte ee easton eeeeeveccees 1965 PUBLIC HOUSE games and gambling at. See Games AND GAMING. PUBLIC LANDS conspiracy to defraud by pretended entry of............ se areleleee . 696 PUBLIC OFFICE conspiracy to obstruct justice by securing appointment to......... 694 PUBLIC PLACE assaulting third person in, as an affray...........005 eee esereees 291 betting In.........-.0- SSCS CANON Sean Ss Reuss efeeae es Avene 1043-1045 fighting in as an affray....cececcceccccesees sé Sreiateieiera siaisseie tayo 290 indecent and obscene language in singing’ NLD. oisisigie:e wie lsin’e's'eiese'els »'sie LV 20 PUBLIC PROPERTY obscene and indecent publications, writing, ete., on. See OBSCENITY. PUBLIC RECORD destroying, malicious mischief............ aig sine in wainerasa e eisisleG e's 1615 Forgery Of... ceccccceeeccececceeeecccececssrcesesseeeees 1001, 1002 larceny of..... scaiass es Heels, 8 biale fale 8a:Nisiee a aie slaistersisie'e s-sieisieaie's 1494-1497 Dy Offer... cceeeececccccccccreeseccceres rrererr ere 1498 PUBLIC STREET. See Pusiic Hichway. indecent and obscene language in.......... oc ees ccesccceseceeedl ad nuisance in, See NUISANCE. outeries in........+--- sinks baie BSE erccnevcccenevscscccscvceds ll Crim. Proc, Forms—102 1618 INDEX TO FORMS. PUPPET-SHOW FORM w9. OXhiDItINg, coieieise se Meese eeleES eres 1996 letter, threats contained in.......cccccecccerscereceeevens 2000, 2002 to accuse of disgraceful conduct with intent to extort money.2001, 2002 to accuse of immorality with intent to extort money........ 2001, 2002 to injure credit and reputation by advertising fact person owes CODE: wis sieisivis's si eaias svinaeteeiseinaiet praanssie's (peas sas wid MeEuhsa wm 2004 to injure person of another to compel him to do act against his Will, sss8e8% Oe ee eer SES Gee s 8 sae a RTE ee 2003 verbal threats........... Or ee oe sowie dos 1997-1999, 2001 to accuse of adultery ........ cece cere cence eee n ene sccecee 1997 to accuse of attempting to obtain money by false pretenses. . .1998 to accuse of disgraceful or immoral conduct........ eeeeee- 2001 TIMBER cutting and destroying, malicious mischief.......escseeeseeeeees + 1609 larceny of........ CDi GEG thyme Sietarwiaisl @ bdavera eee 550 eevccceee L499 TIPPLING-HOUSE. See DisorperLy Hovusss; InroxicatTine Liquors. INDEX TO FORMS, 1625 TOKENS FORM NO. resembling money, making as counterfeiting. ........cceceseeseess 714 TOLL-GATE injuring or destroying...........08 sissies wetewns Saleen w ects wevecees L643 TOOLS burglar’s. See Bureary. Conveying tO PYISONET.....ceecececsecccccececccscccceeecs sous. 926 TORTURE homicide by.......... Sresnie fayeres aie s6-wiei diese “ee eterno seater te oe cecee 1221, 1222 TOWN earrying concealed weapons in.............s00 iapanayeseVesevancua/atacn 600-605 accused a resident .........cceceeeeeeees si sevelG ‘orate, lave -ettstia «- 604 accused @ SOJOUFNEF ......... cc cee eee eee Sisiisiew! sratsrars a aieerarie tia 605 second offense..... aie Sissetetere BUGS Weleees< akeniasieen vanes 599 discharging firearms in..............- seencecvccnsssccccrecsces 140 TRADE AND COMMERCE conspiracy to hinder. See Conspiracy. TRANSPORTATION providing for prize-fighting.......ccccscccccccccsccccccseseeees 1848 TREASON adhering to enemy............00. sais ie wn ahi fe ines wi-oierayeiwpialeieteets’e 2005 by levying war against the United States government....... +ee..2010 against a state government....... seedy SAAS CRUEL eee RT ES 2011 conspiracy to assemble seditious meeting.............eeereeeeees 2006 conspiracy to raise insurrection............. ararsvaveverna\levaldveyere 2007-2009 by advising persons to resist excise law............ wiewietbieiare 2008 by attempting to usurp place of member of legislature....... 2009 TREASURER of bank, embezzlement by.........sssee-esecccseeeee seeeeeeee. 884 of county, embezzlement DY........seseeeeneeneees Be ceceee coos 896 * of state, embezzlement Dy.......eceeeeeeeecees sole dcoteib aereiaigasie'ss 902 “ PREASURY-NOTE robbery of. See ROBBERY. TRUST conspiracy to form...... So octets se eiseeees see ceeecenesccccecess 686 TRUSTEE embezzlement by. See EMBEZZLEMENT. UNCLE j incest with niece........ a ieincavapeiens eatew iss aivtereiesle oie oecesees 1232-12935 UNDERWRITERS conspiracy to cast away vessel to prejudice.........50- seecescess 695 UNFINISHED BANK-NOTES. See CouNTERFEITING. 1626 INDEX TO FORMS, UNITED STATES FORM NO. bringing foreign coin into with intention to defraud...éseccosses 722 conspiracy to defraud. See Conspiracy. UNITED STATES DISTRICT COURT embezzlement by clerk of...........00. diajeldfeaisGija