United States v. Briggs
U.S. Circuit Court for the District of Massachusetts
This was an indictment founded on the act •of congress of August 13, 1813, c. 56, for using a British pass or protection.
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This was an indictment founded on the act •of congress of August 13, 1813, c. 56, for using a British pass or protection. The evi•dence on the part of the United States went to prove, that Briggs owned and command•ed a small boat, which was captured in or near the Vineyard Sound, in sight of the British ships of war, having on board vegetables and other provisions of various kinds, and also a piece of blue cloth, which was intended to be affixed to the masthead, as a signal concerted with the enemy, upon seeing which they were to suffer him to pass unmolested. Much evidence was offered on…
1Opinion of the Court
STORY. Circuit Justice,
after having summed up the evidence to the jury, directed them that if they believed Briggs to have used a patch for the purpose of protection, ■ in concert with a British commander, this was, in the contemplation of the law, a “pass.” It was as much so. as if a ring, or .•a watch-seal, or any other symbol had been given, upon the exhibition of which the defendant would be permitted to go unmolested; and it was immaterial whether the thing so used was given by the British commander, •or was the property of Briggs, if it were agreed to be used for this puipose. It was…
2Cited by4 opinions
- United States v. FarringtonDistrict Court, N.D. New York · 1881
- People v. SteinhardtNew York Supreme Court · 1905
- State v. VaughanNevada Supreme Court · 1895
- Usborne v. StephensonOregon Supreme Court · 1899