State of California

<p>On Demurrerr to Indictment.</p> <p>The defendant, Robert Rowell, was jointly indicted with one Riggins, under sections 5508 and 5509 of the Revised Statutes [U. S. Comp. St. 1901, p. 3712], for conspiracy “to injure, threaten, oppress and intimidate” one Horace Maples, a negro citizen of the United States, in the enjoyment of certain rights and privileges claimed to be secured by the Constitution or laws, under the thirteenth and fourteenth amendments. Maples was arrested at Huntsville, Ala., and confined by the sheriff on a charge of murder, that he might be dealt with according to law. On the 7th day of September, 1904. a mob overpowered or overawed the sheriff 'and a company of the Alabama National Guard which the sheriff had summoned to his assistance, took Maples from them, and hanged him in the state courthouse yard. The indictment contained six counts. The second, third, fourth, and fifth counts need not be further noticed, as they are based upon rights and privileges claimed under the thirteenth amendment, which the court was of opinion, under the decision of the Supreme Court in the Hodges Case, were not secured by the Constitution or laws of the United Slates. The first and fourth counts are based on rights and immunities alleged to he secured under the fourteenth amendment. The fourth count is as follows: “And the grand jurors aforesaid, upon their oaths aforesaid, do further present: That at the time and place and within the jurisdiction aforesaid, in the counts* of Madison, and state of Alabama, the said Robert Powell and Thomas Riggins, whose Christian names are to the said grand jurors otherwise unknown, and divers other persons to said grand jurors unknown, did conspire, combine, and confederate together, to injure, oppress, threaten, and intimidate one Horace Maples, a citizen of the United States, in the free and full enjoyment of the right, privilege, and immunity secured to him by the Constitution and laws of the United States, to wit, the rig