196 F. 620 | 6th Cir. | 1912
(after stating the facts as above).
It is urged that such societies as those mentioned in- the pleadings are lawful bodies under statutes and decisions of the commonwealth of Kentucky when their object is not to- raise or lower prices of articles above or below their actual market value under normal conditions, and that such a combination cannot be a conspiracy for an unlawful purpose. The averment is that one of the objects of the societies complained of was to create a monopoly in the raising, handling, and sale of the tobacco and to enhance its price. Apart from this, however, the argument fails to observe the true relation and effect of the unlawful means alleged’and proofs adduced as to the manner of forcing men to join the societies and yield obedience to their commands. Can it be that men shall join and) carry out the behests of such societies however lawful they may be in form and declared purpose, or suffer damages to their property and even flee for their lives ? This must be the test of the argument, no matter whether the allegations and proofs be believed or not.
“If the plaintiff has produced material evidence, sufficient, if believed and uncontradicted, to warrant a verdict, no amount of contradictory evidence will authorize the trial judge to take the question of its effect and weight away from the jury.”
See, also, Erie R. Co. v. Rooney, 186 Fed. 16, 19, 108 C. C. A. 118 (C. C. A. 6th Cir.); Big Brushy Coal & Coke Co. v. Williams. 176 Fed. 529, 532, 99 C. C. A. 102 (C. C. A. 6th Cir.), and cases there cited.
Furthermore, the general charge distinctly cast the burden of weighing the evidence upon the jury exclusively. The learned trial judge studiously refrained from expressing an opinion, in fact disclaimed having any, as to the tendency or effect of the evidence. He defined the issues of fact with clearness and also arrayed and classified the witnesses and evidence on particular issues, so as to direct the jury’s attention to the conflict of testimony in specific instances; as, for example, where the testimony of plaintiff as to the oath scene in the woods was disputed by all the defendants.
We may say here that in the argument stress was laid upon this feature of the testimony. It was claimed that all the defendants had not been shown to have taken part in the unlawful acts complained of; and as an instance that plaintiff admitted that at least two men — “two other fellows” — came in and received the oath after it had been administered to him. But the natural inference to be drawn from this portion of plaintiff’s testimony.is, we think, that the “other fellows” were others than defendants. • If defendants' thought the testimony susceptible of a different construction, they should have made it clear by further examination.
The testimony took a wide range, and is replete with circumstantial features, which were peculiarly subjects for the consideration of a jury. One of these features was that during the troubles out of which this case grew a patrol was maintained in the neighborhood of plaintiff’s home at the expense of the county; and plaintiff was, under appointment of the county judge, a captain of the patrol, and his son-in-law, Wells, a patrolman. Another feature arose from testimony to the effect that plaintiff was subject to “spells,” and was accustomed to imagine causes of fright that did not exist. Since motive and intent enter so. vitally- into a question of conspiracy, the consensus of judgment of a jury as to circumstances like these, in connection with the acts charged against defendants, is entitled to serious consideration. Place v. Minster, supra, 65 N. Y. page 95.
The judgment must be affirmed, with costs.