Accessaby

s He who is not the chief actor in an offense, nor present at its pei"formance, but is in some way concerned therein, either before or after the fact committed.* If a person does no more than procure, advise or assist, he is only an accessary; but if he is present, consenting, aiding, procuring, advising, or assisting, he is a "principal." ' Accessary before the fact. One who, being absent at the time of the crime committed, doth yet procure, counsel, or command another to commit the crime.' Accessary at the fact. An aider and abetter was formerly defined to be an "accessary at the fact." He is now spoken of as a principal in the first or second degree.^ Accessary after the fact. One who, knowing a felony to have been committed, > Hoffman u Bank of Milwaukee, 13 Wall. 186, 193 (1870), aifford, J. ^Ac-cess', or ac'-cess,

— Webster. ' 2 Greenl. Ev. §§ 150-51; 1 id. § 88; 1 Whart. Ev. § 608; 2 id. § 1298; 1 Bl. Com. 457. * Tioga County v. South Creek Township, 75 Pa. 430- 37 (1874); Boykin v. Boykm, 70 N. C. 263-64 (1874), cases; Melvin v. Melvin, 58 N. H. 570 (1879), cases; King V. Inhab. Sourton, 31 E. C. L. 315-16 (1830), cases. •* Ac-ces'-sary,

— Webster. Xi. accessorius, Ci. \. Also spelled -ory, but -ary is preferred. See Aookssoby. « 4 Bl. Com. 35; 3 Cliff. 227. 'United States u. Wilson, Baldw. 103 (1830). See also Speer v. Hiles, 67 Wis. 363 (1886), oases. receives, relieves, comforts, or assists the felon. 1 In treason and misdemeanors, all participants are principals. The nearest relatives dare not aid or receive one another. Mere presence makes an accessary before the fact a principal in the second degree. An accessary before the fact is liable for all that ensues from the unlawful act. The manner of executing his command is simply a collateral circumstance. Any assistance given a felon to hinder his being apprehended, tried, or pimished, makes the a«sister an accessary after the fact. A person acquitted as a principal may be indicted as an accessary after the fact; and one may be indicted as an accessary both before and after the fact.* Whatever will make a party an accessary before the fact in felony will make him a principal in misdemeanor, if properly charged as such.. The acts, conduct, and declarations of each confederate, made during the pendency of the enterprise, are evidence, as part of the res gestae, against all concerned; but a confession made subsequently to the crime affects only him who makes it.... Where the accessary is tried with the principal, the confession of the latter is admissible to prove his own guilt, and where he confesses by pleading guilty and retiring, the record of such conviction is prima facie evidence of his guilt at the trial of other defendants. Evidence of the confession of an accessary, to prove the guilt of the principal, cannot be admitted under' an indictment against the accessary, unless the guilt or conviction of the principal is alleged in the indictment. The rule at common law was that the accessary could not be convicted until the guilt of the principal was established; so that the principal was first to be convicted or both indicted and tried together.... When the accessary is indicted before the principal ha.s been convicted, the indictment, whether separate or joint, must allege the guilt of the principal, as the offense of the accessary depends upon the principal's guilt and is never to be regarded as complete unless the chief offense was actually committed. When principal and accessary are indicted together, the regular course is to introduce all substantive evidence against all the parties before they are required to state their defense. Then the jury are instructed to consider the case of the principal defendant in the first place, and, if they find him not guilty, that it is their duty also to acquit the accessary; but if they find him guilty, they are to proceed to examine the charge against the accessary, and declare whether it is sustained.' Every accessary after the fact to murder, robbery, or piracy, shall be imprisoned not more than three years, and fined not more than five hundred dollars. Every accessary after the fact to any robbery of the carrier, agent, or other person intrusted with the mail, of such mail or of any part thereof, shall be fined not MBl. Com, 37; 14 R. I. 283. = 4 Bl. Com. 36-40. See also State v. Davis, 14 R. I. 283 (1883). 'United States v. Hartwell, 3 Cliff. 826-31 (1869), more than two thousand dollars, and be imprisoned at hard labor not more than two years; ' and for stealing any letter, or other mail' matter, or inclosure therein, not more than five years imprisonment and one thousand dollars fine.^ Accessaries to murder, robbery or other piracy upon the seas, shall suffer death.' " An accessary is he who stands by, and aids, abets, or assists, or who, not being present, aiding, abetting, or assisting, hath advised, encouraged, aided or abetted the perpetration of the crime. He who thus aids, abets, assists, advises or encourages shall be considered as principal and punished accordingly. Every such accessary, when a crime is committed within or without this State by his aid or procurement in this State, may be indicted and convicted at the same time as the principal, or before, or after his conviction, and whether the principal is convicted or amenable to justice, or not, and punished as principal." * See Abet; accomplice; Aid, 1; Anarchists' Case; Decoy; Husband; Presence; Principal, 5.