¶1It is the opinion of the court that the evidence set forth in the report of the judge who tried this case does not show that the defendants “ did recruit Charles H. Fuller in and for the military service of the United States,” within the meaning of St. 1863, c. 91, § 1, on which this indictment is founded; but that said evidence shows the defendants to be guilty (if of any offence) of enticing or soliciting the said Fuller to leave the Commonwealth for the purpose of enlisting or offering himself as a substitute for a drafted person in military service else, where, contrary to St. 1863, c. 252, § 1, passed at the extra session of tbs legislature in November 1863. Verdict set aside.
91 Mass. 195
Commonwealth v. White
Massachusetts Supreme Judicial Court
Decided October 15, 1864
Massachusetts Supreme Judicial Court · decided 1864-10-15
Indictment under St. 1863, c. 91, § 1, charging the defendants with recruiting in and for the military service of the United States one Charles H. Fuller, without authority, al Taunton. At the trial in the superior court, before Fose, J., there was evidence tending to show that the defendants, by fraud, and by plying Fuller with liquor, induced him to go from Taunton to New Hampshire, where he enlisted in the military service of the United States as a substitute.
Decided 1864-10-15