Hamilton Hendricks v. United States

• Decision Date: 19 February 1912
• Docket Number: No. 164,164
• Citation: 223 U.S. 178,32 S.Ct. 313,56 L.Ed. 394
• Parties: HAMILTON H. HENDRICKS, Plff. in Err., v. UNITED STATES
• Court: U.S. Supreme Court

223 U.S. 178

32 S.Ct. 313

56 L.Ed. 394

HAMILTON H. HENDRICKS, Plff. in Err.,

v UNITED STATES.

No. 164.

Argued January 25, 1912.

Decided February 19, 1912.

Mr. Alfred S. Bennett for plaintiff in error.

[Argument of Counsel from page 179 intentionally omitted] Assistant Attorney General Denison and Mr. William W. Lemmond, Assistant Attorney, for defendant in error.

Mr. Chief Justice White delivered the the opinion of the court:

The plaintiff in error, upon a conviction and sentence for subornation of perjury, in violation of § 5393, Revised Statutes (U. S. Comp. Stat. 1901, p. 3654), prosecutes this writ of error upon the theory that a question of constitutional right was involved, arising upon a claim made in the court below that the indictment was repugnant to the 6th Amendment to the Constitution. On the assumption that there was jurisdiction to entertain the writ, counsel also in argument assailed as erroneous certain rulings of the trial court 'admitting evidence and instructions given and refused in the course of the trial.'

The indictment consisted of two counts,—the first charging the subornation of one George W. Hawk, and the second the subornation of one Clyde Brown, to commit perjury in giving the testimony before a Federal grand jury.

As, however, on the trial, the government elected to rely upon the charge of the subornation of Hawk, we are concerned alone with the first count. The sufficiency of this count was assailed by demurrer, it being alleged 'that the said count of said indictment and the matters and facts therein contained, in manner and form as the same are stated, are not sufficient in law, and are not sufficient to constitute a crime, and are not direct and certain.' The protection of the Constitution was not, however, invoked until after conviction, when a motion to arrest judgment was made, 'based upon the ground that the indictment in this case does not charge a crime, and is insufficient, and does not sufficiently describe the offense. 'And does not inform the defendant of the nature and cause of the accusation' against him, and is in violation of and insufficient under the 6th Amendment to the Constitution of the United States.'

The portions of the indictment which relate to the particular matter which was under investigation before the grand jury, or which refer to the materiality of the alleged testimony, and which it is claimed exhibit the repugnancy of the indictment to the 6th Amendment, are contained in the excerpt, which is in the margin, the italics being

'That Hamilton H. Hendricks, late of county of Wheeler, in the said district, on the 15th day of January, in the year of our Lord 1905, at and within the said county of Wheeler, in the said district, unlawfully did wilfully and corruptly suborn, instigate, and procure one George W. Hawk to appear in person before them, the said grand jurors, then and from thence hitherto sitting at the city of Portland, in the said district, as a grand jury of the circuit court of the said United States for the said district, and, amongst other matters, inquiring into certain criminal violations of the laws of the said United States relating to the public lands and the disposal of the same, and the unlawful fencing thereof, which had then lately before been committed within the said district, and to take his oath before the said grand jury, and upon his oath so taken to testify, depose, and swear before the said grand jury in substance and to the effect that when he, the said George W. Hawk, made his application dated October 19, 1898, and filed in the land office of the said United States at The Dalles, Oregon, on October 21, 1898, to enter certain public lands known and described as the southeast quarter of the southeast quarter of section 2, the east half of the northeast quarter of section 11, and the southwest quarter of the northwest quarter of section 12, in township 7 south and range 22 east, reference being had to the Willamette meridian and base line, as a homestead, under the laws of the said United States concerning homesteads, the same was honestly and in good faith made for the purpose of actual settlement and cultivation, and not for the benefit of any other person, persons, or corporation; that he, the said George W. Hawk, was not acting as agent of any person, corporation, or syndicate in making such entry, nor in collusion with any person, corporation, or syndicate to give them the benefit of the land so entered, or any part thereof, or the timber thereon; that he was not applying to enter the said lands for the purpose of speculation, but in good faith, and to obtain a home for himself; that he had not made, and would not make, any agreement or contract with any person or persons, corporation or syndicate, by which the title which he should acquire from the said United States in the said lands would inure to the benefit of any person except himself, and that he himself paid the fees required by law to be paid upon the filing of such application; that when he, the said George W. Hawk, on the 2d day of March, in the year 1900, subscribed those of ...