l for
the defendants in several of the cases had conferred, and
concluded--on the supposition that the Court and Government would
assent to the plan as most for their own convenience, as well as that
of the defendants' counsel--to file the like motion on the different
cases; and, instead of each counsel going over the whole ground for
each case, to divide the matter presented for debate, and for each to
discuss some particular positions on behalf of them all. This was
assented to; and motions, of which the following is a copy, were filed
in the several cases:--
CIRCUIT COURT OF THE UNITED STATES, MASSACHUSETTS DISTRICT,
SS.
_United States by Indictment_ v. _Theodore Parker._
And now said Theodore Parker comes and moves that the
indictment against him be quashed, because,
"1. The writ of venire for the jury that found said
indictment was directed to and returned by Watson Freeman,
the Marshal, who was not an indifferent person, and it was
not served and returned as the law directs.
"2. Because said Jury was not an impartial Jury of the
District, designated as the laws require, but the jury
Districts for this court embrace but a portion of the
District and of the population, and said jury was in fact
chosen and designated from but a fraction of the District
and contrary to law.
"3. Because the matters and things alleged in said
indictment do not constitute any crime under the statute on
which said indictment is framed, the said statute not
embracing them, or being, so far as it might embrace them,
repealed by the statute of eighteen hundred and fifty.
"4. Because said indictment does not allege and set forth
fully and sufficiently the authority and the proceedings
whereon the alleged warrant and order were based, or facts
sufficient to show that the alleged process and order were
lawfully issued by any person duly authorized, and his
authority and jurisdiction, and that the same were within
such jurisdiction, and issued by the authority of the law,
and originated, issued, and directed as the law prescribes;
said warrant and order not being alleged to have issued from
any court or tribunal of general or special jurisdiction,
but by a person vested with certain specific statute
authority.
"5. Because said indictment and the several counts th
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