body of the child was found, a few hours after its birth, on the floor of an attic in a house where she lived as domestic servant, the head severed from the body, and both lying in sheets which had been removed from the bedroom below, which was occupied by the prisoner and her mistress, and where there was evidence to shew that the birth had taken place, but it was doubtful whether the severance of the head from the body was effected there or in the attic:-Held, that there was no evidence to warrant the jury in finding a verdict for the statutable misdemeanor of endeavouring to conceal the birth. Reg. v. Goode, 6 Cox, C. C. 318-Talfourd. On a charge of concealment of birth, it must appear that the child had gone such a time in its mother's womb that it would, in the ordinary course of things, when born, have had a fair chance of life. Under seven months it may be fairly presumed that it would not be born alive. Reg. v. Berriman, 6 Cox, C. C. 388-Erle. A woman was delivered of a child, whose dead body was found at her father's house in a bed among the feathers. There was no evidence to shew who placed it there, but it being proved that the woman had sent for a surgeon at the time of her confinement, and had prepared child's clothes, the judge directed an acquittal on the charge of endeavoring to conceal the birth. Rex v. Higley, 4 C. & P. 366Park. In a case of concealment of birth under 9 Geo. 4, c. 31, s. 14, it was essential to the commission of the offence that the prisoner should have done some act of disposal of the body after the child was dead; therefore, if the prisoner had gone to a privy for another purpose, and the child came from her unawares, and fell into the soil and was suffocated, she must be acquitted of this charge, notwithstanding her denial of the birth of the child. Reg. v. Turner, 8 C. & P. 755-Patteson. S. P., Reg. v. Coxhead, 1 C. & K. 623-Platt. A prisoner found with the body still in her possession, though about to dispose of it, could not be convicted. Rex v. Snell, 2 M. & Rob. 44-Gurney. The act of throwing a bastard child down the privy, by its mother, was evidence of an endeavour to conceal the birth, within 43 Geo. 3, c. 58, s. 3. Rex v. Cornwall, R. & R. C. C. 337. On an indictment for child murder, no one but the mother can be convicted of a concealment of the birth of the child. Reg. v. Wright, 9 C. & P. 754—Gurney. Aiding and Assisting.]-A woman was delivered of a child, which died soon after its birth; concurred with her paramour in endeavouring to conceal the birth, and he, in consequence of her persuasion, she remaining in bed, took the body, and buried it in a field, intending thereby to conceal the birth: — Held, that she could be convicted of endeavouring to conceal the birth, under 9 Geo. 4, c. 31, s. 14, and he of counselling, aiding and abetting her in the offence. Reg. v. Bird, 2 C. & K. 817-Platt. If a woman is delivered of a child which is dead, and a man takes the body and secretly buries it, she is indictable for the concealment by secret burying, under 9 Geo. 4, c. 31, s. 14, and he for aiding and abetting under sect. 31, if there was a common purpose in both in thus endeavouring to conceal the birth of the child; but the jury must be satisfied not only that she wished to conceal the birth, but was a party to the carrying that wish into effect by the secret burial by the hand of the man, in pursuance of a common design between them. Reg. v. Skelton, 3 C. & K. 119-Williams. If the body of a dead child was secretly buried, or otherwise disposed of, by an accomplice of its mother, the accomplice acting as her agent in the matter, the mother of the child was punishable under 9 Geo. 4. c. 31, s. 14. Rex v. Douglas, 7 C. & P. 644-Gaselee. A woman delivered of a child born alive, endeavored to conceal the birth by depositing the child, while alive, in the corner of a field, leaving the infant to die from exposure, which it did, and the dead body was afterwards found in the corner :Held, that she could not be convicted of concealing the birth of the child under 24 & 25 Vict. c. 100, s. 60, which relates to the secret disposition of the dead body of a child. Reg. v. May, 10 Cox, C. C. 448; 15 W. R. 751; 16 L. T., N. S. 362. On an indictment for secretly disposing of the dead body of a bastard child, with intent to conceal its birth, it is a question of law for the judge, whether there has been a secret disposing of the body, i. e. a disposing of it in such a place as that the offence may have been committed (and a dust-bin is such a place); but it is for the jury to say whether there has been such a disposing of the body by the prisoner with such an intent, and the jury must be satisfied that the prisoner so disposed of it, or was a party to such a disposition of it, with intent. Reg. v. Clarke, 4 F. & F. 1040-Martin. in two boxes, closed, but not locked or fastened, one being placed inside the other in a bedroom, but in such a position as to attract the attention of those who daily resorted to the room, is not a secret disposition of the body within 24 & 25 Vict. c. 100, s. 60. Reg. v. George, 11 Cox, C. C. 41-Bovill. In order to convict a woman of attempting to conceal the birth of a child, a dead body must be found, and identified as that of the child of which she is alleged to have been delivered. Reg. v. Williams, 11 Cox, C. C. 684. 2. Indictment. An indictment for concealing the birth of a child must expressly allege that the child is dead. Rex v. Davis, 1 Russ. C. & M. 779. An indictment for concealing the birth of a child "by secretly disposing of the dead body," under 9 Geo. 4, c. 31, s. 14, without shewing the mode of disposing of the dead body, was bad. Reg. v. Hounsell, 2 M. & Rob. 292-Maule. An indictment on 9 Geo. 4, c. 31, s. 14, for endeavouring to conceal the birth of a dead child, need not have stated whether the child died before, at, or after its birth. Reg. v. Coxhead, 1 C. & K. 623-Platt. An indictment for that offence, which charged that the defendant did cast and throw the dead body of the child into soil in a privy, "and did thereby then and there unlawfully dispose of the dead body of the child, and endeavour to conceal the birth thereof," sufficiently charged the endeavour to conceal the birth, as the word " thereby " applied to the endeavour, as well as to the disposing of the dead body. Ib. On an indictment for concealing the birth of her child, it appeared that the prisoner had been confined of a child which had not attained to seven months from conception, it had never lived, and was slightly malformed, it was left to the jury to say whether the offspring had so far matured as to become a child, Where an indictment for concealor was only a fœtus, or the unform-ing the birth of a child alleged the ed subject of a premature marriage. concealment to have been in and Reg. v. Hewitt, 4 F. & F. 1101- among a certain heap of carrots, Smith. and the evidence was that the body was laid upon the heap, but behind Leaving the dead body of a child The defendant was indicted for the concealment of the dead body of her child. The evidence as to identification was not sufficient to warrant a conviction:-Held, that evidence must be clear and direct to identify the body found as the child of which the party was said to have been delivered, or conviction will not follow. Reg. v. Wil liams, 11 Cox, C. C. 684. A., being questioned by a police officer about the concealment of a birth, gave answer which caused the officer to say that it were better for her to tell the truth and not a lie:-Held, that a further statement to the officer was inadmissible in evidence against her, as not being free and voluntary. Reg. v Bate, 11 Cox, C. C. 686. Where there is no clear evidence A. was taken into custody and of an offence having been commit-placed with B. and C., charged ted, a police officer is not justified, as accomplices with concealment in consequence of mere rumors in a of birth. All three made stateneighbourhood, in putting search- ments :-Held, that their statements ing questions to a person for the were not affected by the previous purpose of eliciting the proof of a inducement to A., and were admiscrime, as well as of that person's sible against B. and C. respectively, connection with it. After the in- but that made by A. was not so. vestigation before a magistrate on Ib. a charge of concealment of birth, and after the accused had been cautioned in the usual manner, and had stated that she had nothing to say, but before her actual committal, the presiding magistrate asked her what she had done with the body of the child:-Held, that her statement in answer was not admissible; nor would the judge allow a witness to be asked whether, in consequence of such statement, he did a particular thing. Reg. v. Berriman, 6 Cox, C. Č. 388-Erle. XI. CONSPIRACY. 1. The Offence, 105. 2. Trade Combinations, 107. 5. Particulars of Overt Acts, 113. 7. Trial and Verdict, 117. 1. The Offence. An indictment for conspiracy, at common law, will lie for enticing a young woman under age to leave her father's house, and live in fornication with one of the defendants; and concerting measures, with her own approbation, to carry her off and conceal her for that purpose. Rex v. Gray, (Lord), 1 East, P. C. 460. and charging the other parish, is not an indictable offence, unless the parties are unwilling to marry, or some forcible or fraudulent means of bringing about the marriage were resorted to. Rex v. Seward, 3 N. & M. 557; 1 A. & E. 706. A conspiracy to exonerate from the prospective burthen of main Prisoners were found guilty upon an indictment charging them with conspiring to solicit, persuade, and procure an unmarried girl, of the age of seventeen, to become a common prostitute, and with having, in pursuance of that conspiracy, solicited, incited and endevoured to procure her to become a common prostitute-Held, that although com-taining a pauper, not at the time mon prostitution was not an indictable offence, it was unlawful, and the indictment therefore good, without averring that the prosecutrix was a chaste woman at the time of the conspiracy. Reg. v. Howell, 4 F. & F. 160-Bramwell and Re-pose of raising a specious title to the corder Gurney. Two women induced a girl of fifteen, who had left her place as a servant, to go to their house, one of them pretending that she had known her deceased parents, and saying that she would keep her until she got a place, and that they both would assist her in getting one. They were both women of bad character, and the place where they resided was a house of ill-fame. It was false that they or either of them had known the parents of the prosecutrix, and they took no step whatever to get her a place, but urged her to have recourse to prostitution. They introduced a man to her, and attempted, by persuasion, and holding out prospects of money, to induce her to consent to illicit connexion with him. She refused to consent, and declared her intention of quitting the house; the prisoners refused to give her up her clothes, and she left without them: -Held, that they were rightly convicted of a conspiracy, and that they might have have been indicted for the offence at common law. Reg. v. Mears, 2 Den. C. C. 79; T. & M. 414; 15 Jur. 66; 20 L. J., M. C. 59; 4 Cox, C. C. 423. actually chargeable, and to throw the burthen upon another parish, by means not in themselves unlawful, is not indictable. Ib. If a man and woman marry in the name of another, for the pur estate of the person whose name is assumed, it is a conspiracy. Rex v. Robinson, 1 Leach, C. C. 37; 2 East, P. C. 1010. It is an indictable offence to conspire on a particular day by false rumors, to raise the price of the public government funds, with intent to injure the subjects who should purchase on that day. Rex v. De Berenger, 3 M. & S. 68. Getting money out of a man by conspiring to charge him with a false fact is indictable as a conspiracy, whether the fact charged is criminal or not in itself. Rex v. Rispal, 1 W. Bl. 368; 3 Burr. 1320. If brokers agree together, before a sale by auction, that one only of them should bid for each article sold, and that all articles thus bought by any of them should be sold again among themselves at a fair price, and the difference between the auction price and the fair price divided among them: this is a conspiracy for which they are indictable. Levi v. Levi, 6 C. & P. 239-Gurney. A conspiracy to extort money is per se an offence at common law, and need not be charged to be attempted by unlawful means. v. Hollingberry, 6 D. & R. 345; 4 B. & C. 329. Rex A conspiracy to procure a marriage between poor persons of different parishes, for the purpose of ex- An information will be granted onerating the parish of the woman | for a conspiracy by a master, an at torney, and a gentleman, to assign | C. C. 337; 2 C. L. R. 479; 18 Jur. over a female apprentice, by her 386; 23 L. J., M. C. 108; 6 Cox, own consent, for the purpose of C. C. 366. prostitution. Rex v. Delaval, 3 Burr. 1434; 1 W. Bl. 410, 439. So, for a combination to fix the price of salt. Rex v. Norris, 2 Ld. Ken. 300. A. and B. in concert with each other, falsely pretended to C. that a horse which they had for sale had been the property of a lady deceased, and was then the property of her sister, and was not then the property of any horse-dealer, and that the horse was quiet to ride and drive, and by these misrepresentations induced C. to purchase the horse:-Held, that they were indictable for conspiracy, although the money was to be obtained through the medium of a contract. Reg. v. Kenrick, 5 Q. B. 49; D. & M. 208; 7 Jur. 848; 12 L. J., M. C. 135. An indictment will lie for a conspiracy to obtain money as a reward for an appointment to an office under government. Rex v. Pollman, 2 Camp. 229-Ellenborough. On an indictment for conspiracy for the sale and transferring of a railway excursion ticket, not transferrable:-Held, that the prisoners must be acquitted, unless there was a previous concert between them to obtain the ticket, for the purpose of Where the evidence in support its being fraudulently used. Reg. v. Absolon, 1 F. & F. 498-Wight man. The directors of a joint-stock bank, knowing it to be in a state of insolvency, issued a balance-sheet shewing a profit, and thereupon declared a dividend of six per cent. They also issued advertisements inviting the public to take shares upon the faith of their representations that the bank was in a flourishing condition. On an ex officio information filed by the Attorney-General, they were found guilty of a conspiracy to defraud. Reg. v. Brown, 7 Cox, C. C. 442; Reg. v. Esdaile, 1 F. & F. 213; Cook Evans' Rep. (1858). The offence of conspiracy is rendered complete by the bare engagement and association of two or more persons to break the law, without any act being done in pursuance thereof by the conspirators. O'Connell v. Reg. (in error), 11 C. & F. 155; 9 Jur. 25. of a conspiracy shews the object of the conspiracy to be in itself felonious, and that a felony was committed in carrying it out, the defendants are not entitled to an acquittal on the ground that the misdemeanor is merged in the felony; nor is it any ground for arresting the judgment, that on the face of the indictment itself the object of the conspiracy amounts to a felony, the gist of the offence charged being the conspiracy. Reg. v. Button, 11 Q. B. 929; 12 Jur. 1017; 18 L. J., M. C. 19; 3 Cox, C. C. 229. An indictment for conspiracy to violate the provisions of a statute will lie after the repeal of such statute, for an offence committed before the repeal. Reg. v. Thompson, 16 Q. B. 832; Dears. C. C. 3; 15 Jur. 654; 20 L. J., M. C. 183. A conspiracy cannot exist without the consent of two or more persons, and their agreement is an act in advancement of the intention which each of them has conceived in his mind. Mulcahy v. Reg. (in error), 3 L. R., H. L. Cas. 306: S. C., Ir. Q. B., 1 Ir. R., C. L. 13. An indictment will lie for conspiring by false representations of fact to induce a person to forego a claim, although the result of such 2. Trade Combinations. conspiracy is not to deprive him of his right to enforce payment thereof A combination of workmen, for by action. Reg. v. Carlisle, Dears. the purpose of dictating to masters |