United States vs. Braddee. Reasons in arrest of judgment.
1. The indictment did not pursue the language of the Act of Congress, but mingles together words which in the act are intended to describe different offences. The accused is consequently not apprised of the clause under which he is indicted, and the especial character of the offence which he must prepare himself to meet. These crimes being statutory, must turn altogether on the language of the Act of Congress. Suppose the same count had charged the accused with robbing, stealing and taking?
The indictment does not allege that the mail stolen or taken contained any valuable thing.
Overruled.
THE SENTENCE.
United States vs. John F. Braddee. May sessions, 1841. Sentence on the first count of the indictment: That you, John F. Braddee, be imprisoned in the Western Penitentiary of Pennsylvania, at hard labor, for and during the term of ten years, and in all respects be subject to the same discipline and treatment as convicts sentenced by the Courts of the State; and that you pay the costs of this prosecution, and stand committed until this sentence be complied with. And while so confined therein you shall be exclusively under the constraint of the officers having charge of said Penitentiary.
DOCKET ENTRIES.
May 27th, 1841.—Test. for United States: J. H. Phillips, J. H. Dicus, Henry H. Beeson, Frederick Byrer, John Keffer, Samuel McLean, Peter Mills Strayer, Amos Jolliff, Samuel Costello, William Wagner. May 28th—Test. for Defendant: John Warner, Thomas Moxley, Adam George, John Hendricks, Uriah Hoke, Aaron Wyatt, James McLean, James Smith, Jacob F. Brant, Robert Carr, Thomas Rowland, Abraham White, Isaac Hague, Jacob Eckel, Decatur Wolfe. May 29th—Test. for Defendant: John Haney, William Collins, Francis Wilkinson, Jesse King, H. Mitchell, David Chipps, Wm. D. Swearingen, Henry Hally, Margaret Collins, William Purnell, John Imbre, John Campbell, John M. Crane, Alfred Core, Seth Holl, John Woodward, Henry Smith, Matthias C. Baker, James Marinder, Madison Mooney, James Owens. May 31st—Test. for Defendant: Jesse Jones, Wm. Hall, T. Shaw, William Ebert, Gideon John, Alexander I. Fowler, John F. Sangston, Benjamin Brownfield. June 1st—Test. for United States: Brown Snyder, George Meason, Robert L. Barry, John Keffer, Alfred McClelland, Ellis Baily, Isaac Nixon, William Nixon, Samuel Nixon, Geo. Rider, J. T. Williams, Jas. McGayen, Wm. Reddick.
June 1. Court took a recess for half an hour. Mr. Black (Col. S. W.), on behalf of the United States, addressed the Court and jury. Mr. William Austin, for defence, addressed the Court and jury. Mr. Darragh, district attorney, addressed the Court and jury. June 2. Mr. Darragh continued and concluded his address. Mr. McCandless, for defense, addressed the Court and jury; Court took a recess for half an hour. Mr. McCandless continued and concluded his address. Mr. Biddle, for the defense, commenced his address to the Court and jury. June 8. Mr. Biddle continued and concluded his address. Mr. Loomis, on behalf of the United States, commenced his address to the Court and jury. The jury, having been charged by Judge Baldwin, retired. Same day rendered a verdict as before mentioned. Mr. McCandless moved the Court in arrest of judgment and for a new trial.