State v. Pelt

• Decision Date: 13 December 1904
• Citation: 136 N.C. 633,49 S.E. 177
• Parties: STATE v. VAN PELT et al.
• Court: North Carolina Supreme Court

49 S.E. 177

136 N.C. 633

STATE

v.VAN PELT et al.

Supreme Court of North Carolina.

Dec. 13, 1904.

CRIMINAL CONSPIRACY—SUFFICIENCY OF INDICTMENT—BILL OF PARTICULARS.

1. An indictment against five carpenters alleged that defendants conspired to injure the prosecutor in his business as dealer in lumber; that, pursuant to such conspiracy, three of defendants went to prosecutor's place of business, and notified him that he could not be considered in sympathy with organized labor unless he employed union men; that he would not be considered in sympathy with organized labor while he kept employed nonunion men, notwith-standing the fact that he had employed and contracted with nonunion men for as much as a year in advance; that, they being informed by the prosecutor that he would not discharge nonunion men, and would not agree to employ only union men, defendants published in a local newspaper that at a meeting of the carpenters and joiners to consider the attitude of the prosecutor toward organized labor he was declared unfair, and so listed, and that no union carpenter would work any material from his shop after a date specified; that the purpose of publishing said notice was to induce all persons who would otherwise have purchased lumber or materials from said prosecutor to refrain from so doing for fear of the ill will of defendants, and that they would be subject to delay and inconvenience by reason of the refusal of defendants to work the material so purchased of the prosecutor; that thereby defendants intended to prevent persons desiring to purchase lumber from purchasing the same from the prosecutor, with intent to injure and destroy his business. Held insufficient to state a criminal conspiracy.

2. The bill of particulars in a criminal prosecution is not a part of the indictment, and does not prevent quashing the indictment if the indictment in itself is insufficient.¶ 2. See Indictment and Information, vol. 27, Cent. Dig.§ 320.

Appeal from Superior Court, Rowan County; O. H. Allen, Judge.

An indictment for criminal conspiracy was filed against A. Van Pelt and others. From a judgment sustaining a demurrer to the indictment and granting a motion to quash the same, the state appeals. Affirmed.

This was an indictment against the defendants in the following words, to wit: "The jurors for the state upon their oath present that A. Van Pelt, W. T. R. Jenkins, C. A. Shuman, S. W. Henry, and S. A. Shuman, being persons of evil minds and dispositions, together with divers other evil-disposed persons, whose names are to the jurors unknown, wickedly devising and intending to injure and destroy one C. A. Rice, of the county of Rowan and state of North Carolina, in his trade and business as a dealer in lumber, on the 15th day of January, 1904, at and in the county of Rowan and state aforesaid, and within the jurisdiction of this court, fraudulently, wickedly, maliciously, and unlawfully did conspire, combine, confederate, and agree together between and amongst themselves unlawfully to injure and destroy the said O. A. Rice in his trade and business which he then and there used, exercised, and carried on as aforesaid, against the peace and dignity of the state. And the jurors aforesaid, upon their oaths aforesaid, do further present that the said A. Van Pelt, W. T. R. Jenkins, C. A. Shuman, S. W. Henry, and S. A. Shuman, together with other evil-disposed persons, whose names are to the jurors unknown, contriving and devising to injure and destroy the said C. A. Rice in his trade and business aforesaid, and as much as in them lay unlawfully and feloniously to ruin him in his trade and business as a dealer in lumber, which he then and there carried on, used, and exer cised as aforesaid, and to prevent and binder him from using, exercising, and carrying on the said trade and business in as full, ample, and beneficial a manner as he was used and accustomed to, on the 15th day of January, 1904, in the county and state aforesaid, and within the jurisdiction of this court, unlawfully, wickedly, and maliciously did conspire, confederate, combine, and agree together with divers, fraudulent, and wicked means and devices to injure, oppress, and impoverish the said C. A. Rice, and wholly to prevent and hinder him from using, exercising, and carrying on his trade and business of a dealer in lumber as aforesaid, and caused to be published in a certain newspaper issued daily in the city of Salisbury, county and state aforesaid, a certain article in words and figures as follows, to wit: 'Action of the Carpenters and Joiners.—At a meeting of the Carpenters and Joiners, held last evening, for his attitude towards organized labor, Mr. C. A. Rice was declared unfair, and so listed, and that no union carpenter would work any material from his shop after February 15, 1904. S. A. Shuman, Sr., Pres. W. T. R. Jenkins, R. S.' And that the aforesaid publication was caused to be printed as aforesaid, in the newspaper aforesaid, on the 16th day of January, 1904, to the great damage of the said C. A. Rice, to the evil and pernicious example of all others in the like case offending, and against the peace and dignity of the state."

Defendants moved that the state be required to file a bill of particulars to the first count in the indictment Motion allowed, whereupon the solicitor filed the following bill of particulars, to wit: "The State alleges: That the defendants, A. Van Pelt, S. A. Shuman, W. T. R. Jenkins, S. W. Henry, and C. A. Shuman, together with other evil-disposed persons, to the state unknown, contriving and devising with the intent to injure and destroy one C. A. Rice in his trade and business as a dealer in and manufacturer of lumber, and as much as in them lay unlawfully and maliciously to injure and ruin him in said trade and business as a dealer in and manufacturer of lumber, which he then and there carried on, used, and exercised in the county of Rowan and state of North Carolina, and to prevent and hinder him from using, exercising, and carrying on the said trade and business and manufacture in as full, ample, and beneficial a manner as he was used and accustomed to, on the 15th day of January, 1904, in the county and state aforesaid, and within the jurisdiction of this court, unlawfully, wickedly, and maliciously did conspire, combine, and agree together to injure, oppress, and impoverish the said C. A. Rice, and, with the intent to prevent and hinder him from using and carrying on his trade and business as a dealer in and manufacturer of lumber as aforesaid, caused to be published in a certain newspaper in the city of Salisbury, county andstate aforesaid, a certain article in words and figures as follows, to wit: 'Action of Carpenters and Joiners.—At a meeting of the Carpenters and Joiners, held last evening, for his attitude towards organized labor, Mr. C. A. Rice was declared unfair, and so listed, and that no union carpenter would work any material from his shop after February 15, 1904. S. A. Shuman, Sr., Pres. W. T. R. Jenkins, R. S.' And that the aforesaid publication was caused by the defendants to be printed in the newspaper, as aforesaid, on the 16th day of January, 1904, to the great damage of the said C. A. Rice, and that it was the intent and purpose of the defendants by said publication to injure, oppress, and impoverish the said C. A. Rice in his trade and business and manufacture as aforesaid, and that the defendants did combine, agree, and conspire together to publish said notice as above set forth for the unlawful and malicious purpose of injuring the said C. A. Rice in his trade and business and manufacture as aforesaid by inducing all persons who would otherwise have purchased lumber and material from the said C. A. Rice to refrain from so doing for fear of the ill will of the defendants and other evil-disposed persons so conspiring and contriving with them, whose names are to the state unknown, and for fear that if they—that is to say, all persons who would otherwise have purchased lumber and material from the said C. A. Rice— should so purchase the same, they, the said persons, would be subject to delay and inconvenience by reason of the refusal of the defendants and other evil-disposed persons, whose names are unknown to the state, to work the material so purchased from the said C. A. Rice; and that in so conspiring and combining together to injure the business of the said C. A. Rice, as aforesaid, by the publication as aforesaid, in manner and form as above set forth, the defendants intended to prevent persons desiring to purchase lumber from purchasing the same from the said 0. A. Rice, and to influence and deter persons desiring lumber from procuring the same from the said C. A. Rice, with the intent to injure, destroy, and damage the trade and business and manufacture of the said C. A. Rice. And before the said 15th day of January, 1904, as hereinbefore mentioned, the said A. Van Pelt, W. T. R. Jenkins, and S. W. Henry, three of the defendants in this case, did unlawfully, wickedly, maliciously, conspire and agree together, and did go together, on or about the 13th day of January, 1904, to the place of business of the said C. A. Rice, in the city of Salisbury, in the county and state aforesaid, and then and there notified the said C. A. Rice that he, the said C. A. Rice, could not be considered in sympathy with organized labor unless he kept constantly employed only union men, and notified him further that he would not be in sympathy with organized labor if he kept in his employ any nonunion men, notwithstanding the fact that he had heretofore employed and contracted with nonunion men for as much as a year in advance, and to discharge them would be a violation of his contracts with such nonunion men; and, upon being informed by said Rice that he would not discharge any nonunion men with whom he had contracted in advance by the year to work for him, and that he would not agree to employ only union men in his...