William Cranch

“ That the excitement, whatever might be the cause, was no justification of the intended force and violence. That the intent to seize Snow, by force, for uttering slanderous or offensive words, and to carry him, by force, anywhere, even before a justice of the peace, without legal warrant, if such case should be proved to the satisfaction of the jury, was an unlawful intent. That the intent may be presumed from the act; for every man is presumed to have intended to do what he has done, until the contrary is proved. ”

“ That to find the defendant guilty under the second count in the indictment, they must believe, from the evidence, that he actually persuaded, and tried to induce three or more persons tumultuously to assemble to break the peace, and do some act of violence.
Mr. Hoban [**3] contended: (1) That the act of violence, intended, must have been perpetrated; and that those only who were present, and did the act, can be found guilty. (2) That if no act of violence was perpetrated, it was no riot. ”

“ No voluntary association of individuals, unknown to the constitution, have a right to make or execute the laws, or to judge, condemn, or punish those whom they may deem to be offenders, and to punish whom they may suppose [**10] the law to be inadequate to, however pure or holy may be their motive ”

“ The more respectable the persons engaged in it, and the more desirable the end to be obtained, the more dangerous is the example; for it good men may use unlawful means to accomplish a [**11] good end, how can wicked men be restrained from using like means for an unlawful end? ”

“ Hoban, for some of the defendants, moved the court to instruct the jury, that the second count does not state an indictable offence. It charges the defendants with inciting others to insurrection, tumult, and riot. There is no such offence as "insurrection" in this country. "Tumult," is too vague, and so is "riot." ”

“ If the party does not join in the argument to the court, but insists upon arguing it to the jury, the court will require him to proceed with his argument, and will, after the argument, give, or refuse, such instruction, or give such other instruction as the court shall think proper. ”

“ All good ends must be pursued by lawful means. The supremacy of the law is the only security for life, liberty, and property."
The defendants, who were convicted, were then sentenced to six month's imprisonment, and to pay a fine of fifty dollars and costs. CITING DECISIONS ( 3 citing decisions )
U.S. CIRCUIT COURT OF APPEALS
1. ”