United States v. Cole
U.S. Circuit Court for the District of Ohio
[This was an indictment against Lyman Cole, William Kissane. John X. Cummings. George P. Stephens, William H. Holland. Benjamin W. Kimball, James W. Chandler. James G. Nicholson, Adams Chapin. Amasa Chapin. Rufus Chapin, and Lorenzo Chapin charging them and one Lucius L. Filley, deceased. with entering into a combination and conspiracy to bum the steamer Martha Washington, and with afterwards setting on fire and burning said boat.
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[This was an indictment against Lyman Cole, William Kissane. John X. Cummings. George P. Stephens, William H. Holland. Benjamin W. Kimball, James W. Chandler. James G. Nicholson, Adams Chapin. Amasa Chapin. Rufus Chapin, and Lorenzo Chapin charging them and one Lucius L. Filley, deceased. with entering into a combination and conspiracy to bum the steamer Martha Washington, and with afterwards setting on fire and burning said boat. Heard first ttpon motion to quash indictment, after-wards upon trial and charge to jury.]
1Opinion of the Court
OPINION OF THE COURT. Before the-jury were called, a motion was made by the defendants' counsel to quash the iu-dictment. The main ground upon which the motion to quash was urged was. that the act under which the indictment was found, applied, exclusively to offenses committed on the high seas, and not on our rivers and lakes. It was also urged that the act was unconstitutional, if it was intended to apply to our internal commerce. These points were argued elaborately, on both sides, and. with ability.
In deciding the motion, McLEAN, Circuit Justice, said, that the court would proceed to give…
2Cases cited1 opinion
- Rider v. HubbellNew York Supreme Court · 1830
3Cited by14 opinions
- Commonwealth v. SmithMassachusetts Supreme Judicial Court · 1895
- People v. RichardsCalifornia Supreme Court · 1885
- People v. MarbleMichigan Supreme Court · 1878
- Reyburn v. SawyerSupreme Court of North Carolina · 1904
- State v. McIntyreUtah Supreme Court · 1937
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