251
WRITINGS OF SAM HOUSTON, 1859
as "striker" with certain members of.the Supreme Court, was, to all intents and purposes, the act of Judge Watrous himself. He (the judge) was responsible for the acts of his confederate, having entered into a conspiracy with them for their mutual profit, and with a common design. Such is the rule of evidence. Such is the irresistible conclusion to be made in cases of this nature, according to the authority which I will here read, from the great, and universally admitted text-book on the subject of evidence, which is no doubt familiar to honorable Senators: "The evidence in proof of a conspiracy will, gener- erally, from the nature of the case, be cfrcumstantial. Though the common design is the essence of the charge, it is not necessary to prove that the defendants came together and actually agreed in terms; to have that design, and to pursue it by common means. If it be proved that the defendants pursued by their acts the same object, often by the same means, one perform- ing one part, and another another part of the same, so as to complete it, with a view to the attainment of that same object, the jury will be justified in the con- clusion that they were engaged in a conspiracy to effect that object. Nor is it necessary to prove that the con- spiracy originated with the defendants, or that they met during the process of its concoction; for every person entering into a conspiracy of common design already formed, is deemed in law a party to all acts done by any of the other parties, before or afterwards, in furtherance of the common design."-3 Greenleaf, sec. 93. This rule of determining the responsibility of Judge Watrous, I would have borne in mind, as I shall proceed to develop the acts of the different conspirators in the prosecution of their common schemes of fraud. What state of things could exist, or can be imagined, that would more loudly and imperiously call for resolutions such as were passed by the Legislature of Texas, in the name of an outraged people, against the judicial plunde1·er and conspirator, who was aiming to coin his fortunes by forgery and fraud the most stupendous? A copy of these resolutions I beg to submit here for the _consideration of honorable Senators: Joint Resolution "Whereas it is believed that John C. Watrous, judge of the United States district court for the district of Texas, has, while seeking that important position, given
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