Page:Federal Reporter, 1st Series, Volume 5.djvu/700

688 PEDJBBAL EEPOBTEE. �in the conspiracy. They say now that that purpose was to persuade the marshal not to execute the writ. That was one; anotber one was that they had heard threats that Brewer's life would be in danger. That was another purpose. This is what they say, the law at this time permitting them to testify in this matter, and as they say it, it is testimony in the case, and you are entitled to consider it— to consider if there was a purpose of some kind in going there, and wliether that purpose was a lawful or an unlawful one. �On the other hand it is alleged that there was another pur- pose, and that purpose it is insisted is shown by the sur- rounding circumstances to have been an unlawful purpose — a purpose to resist the marshal. The fact that they went for a lawful purpose merely you are not to assume, unless you believe that that is the true state of the case — the true con- dition of things from ail the circumstances in the case. And you are entitled to consider what they did at that time ; whether what they did at the time, and constituting a part of the trans- action itself, is consistent with what they now declare, subse- quently to the event, to have been their purpose or not. �What was done when they came upon the ground the tes- timony ail shows. It is not substantially contradictory. Storer had just left Grow and Hart. There is no testimony that any ill-feeling was manifested between them; there is no testimony that any dispute or harsh language was used among them that morning. The testimony simply indicates that they were talking in a friendly way. Storer had just left for Brewer, who was plowing in a field near by, both in sight of these parties as they arrived. Now, when the de- fendants and their associates arrived, seeing a large number of men, estindated anywhere from 13 to 25 or 30, according to the different views which the several witnesses to^k of it, whatever the number was, — certainly it was not les» than 13, because that is the lowest number that it is put at,— when Hart and Crow saw those men they made an expressionj aa the testimony tends to.show, which indicated that they ex- peoted diffioulty. The marshal testifies to you that he directed them to stay where they were, and keep quiet in their wag- ����