H. forthwith before the said justice of the peace, unless special bail be entered, then to command him to appear before the said justice on a certain day therein specified, to answer the complaint of E. F. for a failure to pay him a certain demand not exceeding one hundred dollars; that afterwards, on the same day and in the county aforesaid, the said A. B., constable as aforesaid, arrested the said G. H. on the said capias and had him in custody; that afterwards, on the day and year last aforesaid, in the county aforesaid, C. D. out of the custody of the said A. B., constable as aforesaid, did unlawfully and forcibly rescue the said G. H. (Conclude as before, page 70.) For a rescue after conviction. Crim. Code, Sec. 93. (Commence as before, page 70 ;) that G. H., at the last March term of the circuit court held in and for the county of La Salle, was tried upon an indictment there preferred against him for larceny, to wit, for feloniously stealing, taking, and carrying away one silver watch, the property of E. F., and found guilty of the matters in said indictment charged upon him, by the jury impannelled to try the same, and who, by their verdict, said the said G. H. should be confined in the penitentiary for the term of two years, and it was thereupon adjudged by the said circuit court that the said G. H., for the said offence, should be imprisoned in the penitentiary at Alton for the said term of two years, and was thereupon, on the 18 delivered to W. R., Esquire, sheriff of the said county of La Salle, in execution of said judgment; and that, afterwards, to wit, on the day of 18 in the county aforesaid, and whilst the said G. H. was in the custody of the said sheriff for the cause aforesaid, C. D. in and upon the said W. R., Esquire, sheriff as aforesaid, did make an assault, and him, the said G. H., unlawfully and forcibly from the custody of the said sheriff did rescue and put at large to go whithersoever he would. (Conclude as before, page 70.) Another form. day of (Commence as before, page 70 ;) that on, &c., at, &c., in the county aforesaid, G. H., who had been convicted of the crime of burglary and sentenced to imprisonment in the penitentiary at Alton, was in the custody of W. R., Esquire, sheriff of said county; and whilst the said G. H. was in custody as aforesaid, afterwards, to wit, on the day of 18 in the county aforesaid, C. D. out of the custody of the said sheriff unlawfully and forcibly the said G. H. did res cue and put at large to go where he would. (Conclude as before, page 70.) For a rescue before conviction. Crim. Code, Sec. 94. (Commence as before, page 70;) that G. H., on the day of 18 had been arrested by A. B., one of the constables of the said county, and was then in the legal custody of the said A. B. as such constable, in the county aforesaid, on a charge for an assault and battery, committed by the said G. H. upon E. F.; and C. D., well knowing the said G. H. so to be arrested, afterwards, to wit, on the said day of 18 in the county aforesaid, the said G. H. unlawfully and forcibly did rescue and put at large. (Conclude as before, page 70.) For assisting a prisoner confined in jail to escape. Crim. Code, Sec. 99. (Commence as before, page 70;) that on, &c., at, &c., in the county aforesaid, C. D. did unlawfully aid and assist one G. H., who was lawfully committed to and detained in the common jail of the said county, situate in the town of Ottawa, for an offence against this state, that is to say, for feloniously stealing, taking, and carrying away a certain horse, the property of the said A. B., to make his escape from the said jail, although the said G. H. did not actually escape. (Conclude as before, page 70.) For conveying a disguise to a person in jail to facilitate his escape. (Commence as before, page 70;) that on, &c., at, &c., in the county aforesaid, C. D. did feloniously convey a certain disguise, to wit, a woman's apparel, to G. H., who was lawfully committed to and detained in the common jail of the said county, in Ottawa, for a certain felony by him committed, that is to say, for feloniously passing, as true and genuine, ten counterfeit pieces of the silver coin of the United States, current in this state, called half dollars, knowing the same to be counterfeit, with intent to defraud one E. F., with intent thereby to facilitate the escape of the said G. H. (Conclude as before, page 70.) For the voluntary escape of a prisoner before convictionagainst an officer. Crim. Code, Sec. 101. (Commence as before, page 70;) that on, &c., at, &c., in the county aforesaid, C. D., being keeper of the common jail of the said county and then and there having in his legal custody in said jail one G. H. on a charge of having committed a felony, to wit, for feloniously stealing, taking, and carrying away ten hats, the property of one I. F., did voluntarily suffer and permit the said G. H. to escape and go at large whithersoever he would. (Conclude as before, page 70.) For an officer refusing to arrest a person charged with a criminal offence. Crim. Code, Sec. 102. (Commence as before, page 70;) that on, &c., at, &c., in the county aforesaid, G. H. was charged upon oath before L. M., Esquire, a justice of the peace of said county, with having committed a criminal offence, to wit, for passing four counterfeit bank bills, purporting to have been issued by the State Bank of Indiana, a corporation for that purpose duly authorized by the laws of the state of Indiana, for the payment of five dollars each, knowing the same to have been counterfeited, with intent to defraud one A. B., for which offence the said L. M., Esquire, then and there issued a warrant, directed to all sheriffs, coroners, and constables of said state, requiring them to take the said G. H. and bring him before the said L. M., Esquire, which said warrant was afterwards, to wit, on the 18 in the county aforesaid, delivered to C. D., then one of the constables of the said county of La Salle, to be by him executed, and that the said C. D. then and there wilfully refused to arrest the said G. H. (Conclude as before, page 70.) day of For compounding a criminal offence. Crim. Code, Sec. 103. (Commence as before, page 70;) that on, &c., at, &c., in the county aforesaid, E., the wife of G. H., feloniously stole, took, and carried away one silver spoon of the goods and chattels of C. D.; and that the said C. D., knowing the said felony to have been committed, afterwards, to wit, on the day of 18 in the county aforesaid, contriving and intending, unlawfully and unjustly, to prevent the due course of law and justice in this behalf, and to cause and procure the said E., for the felony aforesaid, to escape with impunity, unlawfully and for the sake of gain did compound the said felony with the said G. H., the husband of the said E., and did then and there exact and receive of the said G. H. ten dollars as a reward for compounding said felony and desisting from all further prosecution against the said E. (Conclude as before, page 70.) For embracery by persuading a juror to give his verdict in favor of the defendant. Crim. Code, Sec. 107. Commence as before, page 70;) that on, &c., at, &c., in the county aforesaid, C. D., knowing that a jury of the said county of La Salle was then duly returned, impannelled, and sworn to try a certain issue joined in the circuit court then held according to law at Ottawa, in and for the county of La Salle aforesaid, between E. F., plaintiff, and G. H., defendant, in a plea of trespass on the case upon promises, and then also knowing that a trial was to be had upon the said issue, on the day of in the year aforesaid, before said circuit court then and there held for the county aforesaid, the said C. D., devising wickedly and unlawfully to hinder the due and lawful trial of the said issue by the jurors aforesaid, returned, impannelled and sworn as aforesaid, to try the said issue, on the day of in the year aforesaid, at Ottawa, in the county aforesaid, unlawfully, wickedly, and unjustly, on behalf of the said G. H., the defendant in said cause, did solicit and persuade one I. J., one of the jurors of the said jury, returned, impannelled, and sworn according to law for the trial of said issue, to appear and attend in favor of the said G. H., the said defendant, and then and there did say and utter to the said I. J., one of the jurors as aforesaid, divers words and discourses, by way of commendation on behalf of him, the said G. H., the said defendant, and disparagement of the said E. F., the plaintiff, to influence the said I. J., one of the jurors as aforesaid, to give a verdict for the said G. H., the defendant. (Conclude as before, page 70.) For common barratry. Crim. Code, Sec. 107. day of day of 18 (Commence as before, page 70 ;) that C. D., of the county of La Salle, on the and on divers other days and times, as well before as afterwards, was and yet is a common barrator; and that he, the said C. D., on the said 18 and on divers other days and times, in the county aforesaid, divers quarrels, strifes, suits, and controversies among the honest and quiet citizens of this state then and there did wickedly and wilfully stir up and excite, with a view to promote strife and contention. (Conclude as before, page 70.) For maintenance. Crim. Code, Sec. 108. (Commence as before, page 70;) that C. D., on, &c., at, &c., in the county aforesaid, did officiously intermeddle in a certain suit that in no wise belonged to or concerned the said C. D., which was then depending in the circuit court in the county of La Salle, between E. F., plaintiff, and G. H., defendant, in a plea of debt, by maintaining and assisting the said E. F., the plaintiff, with money to prosecute his said suit, with a view to promote litigation. (Conclude as before, page 70.) For extortion-against a justice for taking greater fees than are legally due. Crim. Code, Sec. 109. (Commence as before, page 70 ;) that on, &c., at, &c., in the county aforesaid, C. D., then an acting justice of the peace in and for the said county, in a certain suit then lately tried and determined before the said C. D. as such justice, wherein A. B. was plaintiff and G.H. defendant, and wherein judgment was rendered against the said G. H., C. D. did, by color of his said office, willfully and corruptly extort, receive, and take of and from the said G. H., the defendant, the sum of fifty cents, under pretence that the same was due to him as his fee for issuing the summons in said case, whereas, in truth and in fact, the sum of eighteen cents and three fourths only was legally due from the said G. H. to the said C. D. as such justice of the peace for his said service in issuing said sumConclude as before, page 70.) mons. For extortion-against a constable for exacting money as a fee not legally due. (Commence as before, page 70;) that on, &c., at, &c., in the county aforesaid, C. D. then and there being one of the constables of the said county, did take and arrest A. B. by color of a certain warrant, commonly called a bench warrant, which he, the said C. D., then and there alledged to be in his possession, and afterwards, and whilst the said A. B. so remained in his custody, the said C. D., to wit, on the day and in the county aforesaid, did, willfully, corruptly, and extorsively, and by color of his said office, extort, receive, and take of and from the said A. B. the sum of three dollars as and for a fee due to him, the said C. D., as such constable, as he alleged, whereas, in truth and in fact, no fee was due to the said C. D. from the said A. B. in that behalf. (Conclude as before, page 70.) |