Felix v. United States

• Decision Date: 21 March 1911
• Docket Number: 2,086.
• Citation: 186 F. 685
• Parties: FELIX et al. v. UNITED STATES. [1]
• Court: U.S. Court of Appeals — Fifth Circuit

186 F. 685

FELIX et al. v. UNITED STATES. ^[1]

No. 2,086.

United States Court of Appeals, Fifth Circuit.

March 21, 1911

The indictment against the plaintiffs in error and seven others was found and filed February 13, 1909. It contained two counts, and, omitting formal parts, was as follows:

'The grand jurors of the United States, impaneled, sworn, and charged at the term aforesaid, on their oath present that Paul Felix, * * * W. W. Stiles, * * * all of the parish of Jefferson, in said state, in the said division of said district and within the jurisdiction of said court, being persons of evil minds and dispositions, together with divers other evil disposed persons whose names are to the grand jury aforesaid as yet unknown, on the 3d day of November, in the year of our Lord one thousand nine hundred and eight, at the parish of Jefferson, in the state of Louisiana, in the said division and district, and within the jurisdiction of said court, at which time, to wit, the 3d day of November, 1908, a general election for presidential electors and members of the House of Representatives of the United States, together with certain state, parochial, and municipal officers within the state of Louisiana was being held under and in accordance with the Constitution of the United States, the laws of the Congress of the United States, and the laws of the state of Louisiana, and a poll was then and there opened, and an election was then and there legally had and held in each voting precinct in said state, in each of which said voting precincts persons were then and there lawfully voted for by the legal voters therein for said United States presidential electors, members of the United States House of Representatives, and state, parochial, and municipal officers, and that a certain precinct, to wit, the precinct known as the city of Kenner, Edward Stoulig, Raoul De Gruy Henry Roth, Philip Klees, Frederick Schneckenberger Anthony Maggiore, Michael Christina, John Maggiore, A Wattingly, Chris. Louchbaum, and divers other persons to the grand jurors aforesaid unknown, were then and there, as defendants well knew, male citizens of the United States, residents of the said voting precinct, twenty-one years of age, and had been citizens and residents of said precinct for more than six months and of said parish in which said precinct is located for more than one year, and of the said state for more than two years, next preceding said election, and were then and there, as defendants well knew, under the Constitution and laws of the United States and the laws of the state of Louisiana, having complied with all the laws of the United States and of the state of Louisiana, to qualify them as electors of the state of Louisiana, and legally entitled to vote for persons for presidential electors, members of the House of Representatives of the United States, and state, parochial, and municipal officers; that said voters at the time and place aforesaid presented themselves with the intention and for the purpose of voting; that the defendants knowing all of the aforesaid facts did then and there unlawfully, knowingly, and feloniously conspire, confederate, combine, and agree together and each of them with the other, and they and each of them with divers other parties to the grand jurors aforesaid unknown, armed with pistols, guns, and other mortal weapons to injure, oppress, threaten, and intimidate said voters in the free exercise and enjoyment of a right and privilege which they then and there had and which was then and there secured to them by the Constitution and laws of the United States of then and there voting for persons to fill offices of presidential electors, members of the House of Representatives of the United States, parochial, and municipal offices of the state of Louisiana, and that, in pursuance of said conspiracy and to effect the purpose and object thereof, the defendants then and there unlawfully, willfully, corruptly, and maliciously injured and prevented the said voters from voting on said voting day, the same being a right or privilege granted and secured to the said Edward Stoulig, Raoul De Gruy, Henry Roth, Philip Klees, Frederick Schneckenberger, Anthony Maggiore, Michael Christina, John Maggiore, A. Wattingly. Chris. Louchbaum, in common with all other good citizens of the United States by the Constitution and laws of the United States of America.

'Contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.

'Count Second.

'And the grand jurors aforesaid, on their oath aforesaid, do further present that the said Paul Felix, * * * W. W. Stiles, * * * at the time and place and in the manner and mode as specified in the first count of this indictment, and in the act of conspiring, injuring, oppressing, threatening, and intimidating the said Edward Stoulig, Raoul De Gruy, Henry Roth, Philip Klees, Frederick Schneckenberger, Anthony Maggiore, Michael Christina, John Maggiore, A. Wattingly, and Chris. Louchbaum, aforesaid, in the free exercise and enjoyment of their right and privilege secured to them by the Constitution and laws of the United States of voting for United States presidential electors, members of the House of Representatives of the United States, state, parochial, and municipal officers, the said Paul Felix, * * * W. W. Stiles, * * * aforesaid, did then and there with force and arms, armed with dangerous weapons, to wit, pistols, guns, scissors, willfully and maliciously, unlawfully, and feloniously in and upon one Emanuel A. O'Sullivan in the peace of the state of Louisiana and of the United States then and there being commit an assault, and did then and there willfully, maliciously, unlawfully and feloniously with a pair of scissors and did then and there unlawfully and feloniously, willfully and maliciously with a dangerous weapon, to wit, a pair of scissors, inflict a wound less than mayhem, contrary to the form of the statute of the state of Louisiana, being section No. 749 of the Revised Statutes of the state of Louisiana, as amended by Act No. 17 of 1888, by the General Assembly of the state of Louisiana, and contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.'

The first count is based on the following statute:

'Sec. 5508. If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise of enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so

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