Page:Federal Reporter, 1st Series, Volume 8.djvu/247

UNITED STATES V. STONB. 233 �away, or while cast upon the shore. Nar is the value material ; all property belonging to the vessel, of any value, in any situation or condition, being under the protection of the statute. 2 Samk— CioNSTBncTioN op Fbdbral Statdtbs CRBATHia Crimes — CoMMON-IiAw �WORDS — " STEAIi" CONSTBUED. �While it is true that when an act of congress uses a common-law term it is to be interpreted according to its common-law nieaning, this must be under- stood of words that are plainly used in their tecbnical sense ; and if, by the con- text, the object of the statute, or otherwiae, by the rules of construction it ap- pears that the word is not so tised, it will be given that meaning which it must have to effect the object of the statute, and will not be restricted to a techriical meaning that would defeat that object. The word "steal," if used alone, miglit necessarily import larceny as at common law ; but when used in connection with " plunder " and " destroy," as found in section 5358 of the Revised Stat- utes, it will not be restrained so as to deflne only the crime of larceny of lost goods on land as known to the common law. i. Ckiminal Law— Pleading— Separation of Oppbnckb— Rbt. St. § 5358. �It is not necessary, in an indictment charging the offence declared by the Revised Statutes, } 5358, to distinguish between acts supp'osed to be character- ized as " plundering " and those supposed to be characterized as " stealing " or "destroying." It may well be charged, in the language of the statute, as a single offence, and will be supported by proof of any act that could be denom-' inated plundering, stealing, or destroying. Nor is it necessary to distinguish between acts of depredation committed on the wreck and those on property belonging to it, but separated from it. If the indictment be so drawn, the sepa- ration may be disregarded, and a general verdict had upon the whole indictment. 4. Chiminal Law— Evidence — Intbnt — Pbovbd by. Pabtt Hihself. �The defendant, being introduced as a witness, was permitted to testify as to his intention in taking the goods. (8ee note.) fi. Samb — Confessions— When Admissible. �A private detective employed by the owners, underwriters, and salvage Com- pany, with authority to collect, settle for, and recover all goods lost or plun- dered from a wrecked vessel, and to institute all civil or criminal prosecutions necessary for that purpose, is not a person in authority so as to exclude confes- sions made to him, although there were promises or threats made to induce them ; but, when admitted, the weight to be given to the confessions, under all the circumstauces, is a question for the jury. The circumstances under which confessions will be excluded, stated. 6. Same— Federal Criminal Pkacticb— Privatb Fbosecutob. �Private prosecutors a e unknown to the practice of the federal courts, the district attorney being alone authorized to prosecute. EM, therefore, that a private person cannot be in authority over the prosecution so as to exclude confessions. �Motion for New Trial. �The defendant was indicted for depredations upon property belong- ng to the steam-boat City of Vicksburgh, plying between St, Louis and New Orleans, which was wrecked at Aahporfc, Tennessee, in Juiy 1880 ; this case being one of a great number for the same offence now pending in this court. The statute under which the indictments. were found reads as follows, viz. : ��� �