l
28 mnnnu. nmronrmn.
two instruments set up constitute together but a single defense. A
plea may consist of a variety of facts and circumstances. All that is
required is that those facts and circumstances should give, as their
result, one clear ground upon whicl1 tl1e whole equity of the bill may
be disposed of. Daniell, Ch. Pr. 607; Story, Eq. Pl. § 654; Whit-
bread v. Broclcharst, 1 Brown, Ch. 415; Didier v. Davison, 2 Sandf.
Ch. 61.
The first plea in bar is sustained, and the bill dismissed.
UNITED Sums v. Donnnrr.
(District Uaurt, D. Massachusetts. April 10, 1885.)
1. FEDERAL ELECTIONS-INSPECTOR Rmonivnm FnAUnn1.nN·r VorE—REv. Str. §
5511—INnrc·rME1~z*r.
ln an indictment for aiding or assisting in the commission of the crime of
illegal voting at an election for a representative in congress, it is not necessary
to state the particular acts constituting the aid or assistance, as these are mere
matter of evidence to make out the offense at the trial. `
2. SAME—PLAoE WHERE Enscrroiv HELD.
Where the indictment alleges that the offense was committed "at Boston, `
in said district of Massacliusetts, at an election for a. representative in the con-
gress ot the said United States for the Fourth congressional district of the com-
monwealth of Massachusetts, instituted and held in said Boston on said fourth
day of November, in accordance with the laws of said commonwealth and with
` the laws of said United States/’ this is a suilicient averment that the election
was held in the Fourth congressional district, which is a part of Boston.
3. SAME—VIOLAK`l0N OF Onrrcnxn DUTY.
An indictment that charges that defendant, as inspector of elections, know-
ingly and willfully received the vote of a pa1·ty named, knowing that he was
not a resident of, or registered in, the voting precinct, suttlcicntly alleges a.
violation of duty on the part of the defendant as officer of elections.
Motion in Arrest of Judgment. ·
W. K. Blcdgett, for the United States.
E. L. Barney and Wm. B. Gale, for defendant.
Nnnsou, J. This indictment originally contained eight counts.
The first and fourth counts were disposed of before trial by the entry
of atwlle proseqai. The defendant, having been found guilty on the
remaining counts, now moves in arrest of judgment. _
The second, third, fifth, and sixth counts are founded on section
5511, Bev. St., and charge the defendant with having aided one John
F. Hayes to vote illegally for a representative in the congress of the
United States for the Fourth congressional district of this common-
wealth, at an election held in Boston on the fourth day of November
last. In the seventh and eighth counts he is charged with having
violated his duty as an inspector of elections in allowing andaiding
Hayes to vote illegally at the same election. A
The motion merely states in general terms that the indictment is