ALLEN N. YANCY, Appellant, v. REPUBLIC OF LIBERIA, Appellee.

APPEAL FROM THE CIRCUIT COURT OF THE FOURTH JUDICIAL CIRCUIT, MARYLAND COUNTY.

Argued May 4-7, 1936. Decided May 15, 1936.

1. Extortion is the unlawful taking by an officer under cover of his office of money or anything of value that is not due to him, more than is due, or before it is due.

2. If a person holding an office created by the Constitution, or by statute, abuses his official privileges, and by force or fear wrongfully induces another to surrender to him his property under circumstances not amounting to robbery, it is extortion.

3. An indictment charging that the accused unlawfully, corruptly, deceitfully, extorsively, and by color of his office took fees he was not entitled to by law has been held after verdict to be sufficient even though the word wilfully was omitted.

4. So also an indictment is sufficient which charges the offense in the words of the statute, provided the allegation is sufficiently clear to legally inform the accused of the offense imputed to him, and to enable the court to pronounce judgment after a verdict of conviction.

On appeal from a conviction of extortion, judgment affirmed.

D. B. Cooper and P. Gbe Wolo for appellant. The Attorney General for appellee.

MR. JUSTICE DIXON delivered the opinion of the Court.

On February 26, 1935, the grand jury impanelled to inquire in and for the body of the people of Maryland County, within the Republic of Liberia, found an indictment against Allen N. Yancy (the present appellant) of the City of Harper, County and Republic aforesaid, for the crime of extortion.

When the case was called for trial on March 1, 1935, the counsellors for defendant, now appellant, notified the court of a motion for continuance of said cause indefinitely for the reason inter alia: that the said defendant had been tried before the court in the month of February, 1934, for the crime of grand larceny, and adjudged not guilty of said charge; and the petit jury impanelled to try said cause had not been paid for their services in said case; that consequently such an action on part of the government, in their opinion, would prejudice their client’s interest with the jury in this trial.

There was no proof in the record of the case now before us as to the veracity of said representation, hence this Court is not in a position to decide whether the court below was correct or not in denying said motion for continuance on such a ground.

The court below, in our opinion, correctly overruled the motion to quash the indictment. The records set out plainly that Allen N. Yancy, at the time of the commission of the said act of extortion, publicly posed as the Vice President, and as such averred that although His Excellency C. D. B. King was President for Monrovia, yet he was the President for Maryland County. It is because of such representation that he was able to influence the Chiefs, and coerce them into paying him the two hundred pounds, the subject of this prosecution.

“At the common law extortion is defined as the unlawful taking by any officer, by color of his office, or any money or thing of value that is not due to him, or more than is due or before it is due. . . . In its enlarged sense the crime includes the obtaining of property from another, with his consent, induced by a wrongful use of force or fear, under circumstances not amounting to robbery, and as thus enlarged it includes the crime of blackmail.” 8 R.C.L. 293, § 315.

“Generally speaking, any person clothed with official privileges and duties may be guilty of extortion ; thus extortion under color of office may be committed by a justice of peace; sheriffs; deputy sheriff; constables; in some jurisdictions, a lawyer admitted to practice; collectors of taxes; person presiding over ecclesiastical courts; clerk of court; or a jailor. A person cannot be convicted of the crime of extortion under color of office when in fact no such office exists although he purports to act as such officer, but where an office de jure exists a de facto officer holding such office may be guilty of extortion under color of office.” 8 R.C.L. 294, § 316.

“It being essential to the crime of extortion that the accused be a public officer, and that the taking complained of be under color of an office created by the constitution, statute, or other adequate authority, the indictment or information should allege that the accused is a duly constituted officer, and will be sufficient where it designates the office held by the accused, and states that, by color of his office and in his official capacity, accused unlawfully took from a named person a specified sum of money or other thing of value which was not his due.” 1 Wharton, Criminal Procedure ( 10th ed. 1918), § 611.

Our Criminal Code defines the crime of extortion as being “the unlawful taking by any officer under cover of his office of money or anything of value that is not due him, or more than is due or before it is due.” Criminal Code of Liberia, 11, § 53.

Under these citations of law this Court considers the indictment to be sufficiently constructed.

The witnesses testifying on part of the prosecution were as follows: Chief Bloh, Gofah Suduway, Gray Nyanti, Toe Chambeoh and T. B. Brown. Gofah Suduway took the witness stand and testified that he lives in Fremlipoh section, and he knows the defendant; that he will tell what he knows, and only the truth; and then proceeded to say inter alias

“Yes, what I know I will state nothing but the whole truth. It happened some time when Mr. Yancy was Vice-President he sent one messenger to our section. The messenger said to our Chief that ‘I am here in your section to call your Paramount Chief as well as the other chiefs of the section to meet Mr. Yancy at Wedabo beach. Each Chief is to carry something as a soup to Mr. Yancy.’ We then appointed one Weah Keah of our section and sent him with a goat as soup for Mr. Yancy. The Chiefs who went with our man Weah Keah, were: Paramount Chief Jury of Piccinicess and Chief Jerreka of Grand Cess. They all met Mr. Yancy at Wedabo beach. He said to the council of Chiefs, that have made my return from Monrovia, the President says that each section will furnish me sixty men as labourers to be shipped to Fernando Poo. This thing that I am telling you people it is not I, Mr. Yancy, saying it, but it is President King who asked me to say it, and if you dispute it there are so many ways to Monrovia. You may take a canoe or go along the beach or take a steamer to find out from the President yourselves.’ Mr. Yancy said ‘Each tribe that will disobey these instructions from the President the tribe will have to pay ten pounds for each of the sixty men and I will have to send soldiers to collect said amount immediately.’ Then we said to ourselves that place Fernando Poo is a very wicked place and that our people went there sometime and none of them returned back, but since Mr. Yancy says that we can send somebody to the President to find out whether he is lying or not, we then sent one Feetigea and S. K. J. Nyepahn to Monrovia. The President then informed our delegates that he did not tell Mr. Yancy, neither Mr. Brooks to force people, and send them to Fernando Poo. When the people returned from Monrovia, they informed us that the President did not say what we were informed of by Mr. Yancy. Chief Bloh then sent to call the people of Grand Cess, Piccinicess and Wedabo to his town to tell them that the President said that he did not ask anyone to go to Fernando Poo. We then killed one cow for the Chiefs. After some time Mr. Yancy sent one steam launch with Superintendent Brooks, Commissioner Delaney, Mr. Tubman, and Mr. Daubeny Cooper to Piccininicess and they had Chief Bloh arrested and brought to Cape Palmas. One month after that Captain Phillips took plenty soldiers to our section. Something I forgot was after the arrest of Chief Bloh we sent S. J. K. Nyepahn to find out what was the cause of Chief Bloh’s arrest, and he was also arrested by Mr. Mc-Bourrough. Captain Phillips had six men of our section arrested and tied ropes around their waists. I, Suduway, then began to question Captain Phillips the cause of all that arrest, saying further, ‘You have carried our Chiefs to Cape Palmas and to-day you have sixty men tied with ropes’ ; Captain Phillips said that if I wanted to know anything I should go to Mr. Yancy. I was the only man who was not arrested, but in order to be an eye witness for the people, I came along with them to Harper. During all our travelling to Cape Palmas, these sixty men were tied in ropes by pairs. They were flogged also on the way. After our arrival in Harper the people were turned over to Mr. Yancy and he had them all locked up in one house. I was the only one who went and stopped with Superintendent Brooks. I met Chief Bloh at Superintendent Brooks’ house. The next day early in the morning Mr. Yancy carried all the prisoners together with Chief Bloh to his farm. After this Mr. Yancy went further in the interior, and on his way back he stopped where the prisoners were. He then said to Chief Bloh : ‘Where have you been? Did you go and report me to the President?’ Bloh said, ‘Yes, I did not go there to report you, but since you said that we should find out from the President concerning the matter, I went and found out from him.’ Mr. Yancy then said to Chief Bloh that President King was ruling Monrovia and he Yancy was ruling Cape Palmas. ‘Do you Chiefs know President King better than I Yancy know ; many a time we have sat at the same table and ate together. Can you tell what we do and say? There is a steamer now in harbour, if I like I can throw you on that steamer, or I can give you Bloh two squads of soldiers to finish you : that is to give the soldiers instructions to take you to Barrabo, and when they get in the high bush to kill you.’ Then Mr. Yancy said further, that ‘Chief Bloh and his people will remain in custody until they pay two hundred pounds’; I then said to Mr. Yancy: ‘How will we manage to get this two hundred pounds ; you have both our Chiefs and the important men of our section here?’ He said : ‘If you people agree I will release one of the Chiefs in order for him to go for the money.’ We then asked him to release Chambeoh, and Mr. Yancy gave him two empty money bags. When Toe Chambeoh arrived in Fremlipoh section our people said to him : ‘Really, do you Chambeoh mean to say if we send two hundred pounds by you to Mr. Yancy will he release our people?’ Chambeoh said yes. We then collected two hundred pounds and he sent one Gray Nyanti, Brown Togble and one Clah Blabeh (he is now dead) who came with Chambeoh. When they arrived in Harper, they came with two hundred pounds. I went with them to Mr. Yancy’s place and I handed this two hundred pounds to Mr. Yancy. The next day Mr. Yancy sent for the prisoners from his farm. Mr. Yancy before he would release the prisoners he said to Chief Bloh : ‘These gentlemen who went in the C.R.C.’s motor launch to bring you down to Harper, their expenses is seventytwo pounds, and that is the amount you will have to pay or leave one of your men here with me.’ . . Yes they brought the two hundred pounds and I in company with them delivered the money to Mr. Yancy. This is all I know.”

Toe Chambeoh testified as follows:

“Yes, I was one of the sixty men who were arrested, he carried me on his Philadelphia farm, after we got to his farm he left us there and passed in his car going toward the interior. When he returned he said to Chief Bloh who was with us that ‘The sixty men, you, Chief Bloh, and your people, are in many hands today, you always say that your people were not going to Fernando Poo, can you say it now?’ He further said, ‘There is a steamer in harbour, and if I like I would put you on that steamer and send you all to Fernando Poo, or I will give you, Chief Bloh, two squads of soldiers to carry you to Barrabo barracks and give them certain instructions to kill you on the way going.’ Mr. Yancy then said ‘Your people will not go to Fernando Poo, but you will have to pay two hundred pounds for disobeying instructions given you.’ Chief Bloh then said, ‘Mr. Yancy, you got both myself and my leading men here confined as prisoners, how will we manage to pay this two hundred pounds?’ Mr. Yancy released me and gave me two empty small bags and I went home to Fremlipoh. I informed my people that Mr. Yancy said that we should pay two hundred pounds and that I was there to collect the said two hundred pounds for refusing to go to Fernando Poo. Our people gave me this two hundred pounds and I came to Harper with one Gray Nyanti and Brown Topo. Myself with Speaker Suduway, Brown Tegre and Nyanti carried the two hundred pounds to Mr. Yancy’s house and gave him the money. He counted the money out and said to Suduway, ‘The two hundred pounds is correct.’ After that I went to the prison to meet the other people. This is what I know about the two hundred pounds.”

Gray Nyanti made the following statement while on the witness stand :

“This is what I know. After the arrest of our people they were brought to Harper. Afterwards one of them by the name of Toe Chambeoh returned back from Harper, he said to us that ‘Mr. Yancy said since we refused to go to Fernando Poo he fined us two hundred pounds. I am therefore come for the money.’ We then began to collect the said two hundred pounds. We the Fremlipoh section alone. My people then selected myself and one Togble to come along with Chambeoh. On our arrival in Harper we met the speaker Suduway at the water-side who went with us to Mr. Yancy’s house with the said two hundred pounds. When we got to Mr. Yancy’s house he opened his office, he and the speaker Suduway went in. I took the bag of money from my head and handed it over to Suduway as well as the other men’s. Mr. Yancy received the money and he said that it was correct. I then began to question him saying ‘What about my people whom you have as prisoners?’ He said ‘They are in the bush.’ The next morning myself, and Suduway were taken by Mr. Yancy in his car out on the road where he had to pass over a water and arrived where our people were in a house. We met Chief Bloh and other people there and I was glad. This is all I know about the two hundred pounds.”

The following question propounded to the said witness on the cross-examination by the defense was answered as follows:

“Q. Say whether or not the fine was in connection with a refusal on part of your people to furnish boys for Fernando Poo, or in consequence of the failure to supply labourers for the Harper-Gbolobo Road if you can?

“A. It was in connection with our refusing to supply boys for Fernando Poo.”

T. B. Brown when put on the stand testified :

“This is what I know. Sometime ago they arrested sixty men from our section and brought them to Harper. After that while I was in the section one Toe Chambeoh of the said sixty men returned back from Harper with two small empty bags. Chambeoh said to us Mr. Yancy say that we should pay two hundred pounds and that he was there to collect the said two hundred pounds. After we gave Chambeoh the two hundred pounds my people selected one Nyanti and myself to carry the said two hundred pounds and come along to Harper with Chambeoh. On our arrival at Harper we met the speaker Suduway at the water-side and he went with us to Mr. Yancy’s house; he opened his office. He and the speaker Suduway entered. Nyanti handed his bag of money to Suduway and ,I handed mine also. Then Mr. Yancy said the two hundred pounds was correct. I then questioned him saying ‘What about our people?’ Mr. Yancy said, ‘I will carry you tomorrow morning to the place where your people are.’ The next morning he put us in a motor car and we went to the place. After the payment of the two hundred pounds he then released the people and went back home. This is what I know about the two hundred pounds.”

He was asked on the cross-examination by the defense as follows; to which he replied accordingly :

“Q. Please say if you know what was the cause for the imposition of the alleged fine by the said Mr. Yancy upon your tribe?

“A. For refusing to go to Fernando Poo.

“Q. How do you know this to have been the cause?

“A. The way I managed to know was after the arrest of the sixty men Chambeoh who was one of the sixty men returned back from Harper and said that because of our refusal to supply boys to go to Fernando Poo, Mr. fancy had imposed the two hundred pounds on our section.”

By way of defense the defendant had qualified certain witnesses who testified. Of these Doe Jabbeh, Para-mount Chief of Gbellokpe section, on the stand said :

“This is what I know. I did not see the money. During the superintendency of Mr. Brooks, he sent a letter to me asking that I send labourers to work the motor road. We did not come, he sent another letter, we refused to come. Superintendent Brooks himself then went over to our section, and said to me, ‘Why you have not sent your people down?’ I told him that we were working, he then said : ‘I am here in your section, and I want you to give me the people in order that I might take them with me.’ I then said to him `Go and I will send the boys behind you. Owing to our farm work we failed to send the boys that we promised to send to work on the road. Superintendent Brooks then sent Captain Phillips, he arrested the Topo people, and the Fremlipoh people and carried them to my section. After I supplied some food for the people who were arrested, Captain Phillips started to pick out the leading men of the two sections who were arrested. I asked him what was he doing that for? And he said : ‘Superintendent Brooks instructed me to carry them to Harper.’ I was also arrested as well as Speaker Belleh, and we were all brought down to Harper. After we arrived the next day we were carried to the bush. Superintendent Brooks took me in his car and said to me: Jabbeh, I want to show you something, let us go.’ I said to Superintendent Brooks what about our chop. He said, ‘I have no chop for you all, the last time I was at your section you did not give me chop.’ I said ‘No? Superintendent Brooks, did I not give you chop, and you ate until you were filled, and I took out two pounds cash for your drink ; you must give us chop.’ He said, ‘No, I have no chop.’ Then we sent to Mr. Yancy. I then said to Mr. Yancy, ‘We ate nothing last night, and therefore want you to make an arrangement to get some rice for us.’ Mr. Yancy then made an arrangement with the firm of Messrs. A. Woermann for plenty of rice and tobacco, each section of the Plapo tribe had two bags of rice each and some tobacco. Then Mr. Yancy said to us, ‘This is the white man’s rice and the tobacco also; you will have to pay for this rice and tobacco.’ We said yes we would pay. While in custody we begged Superintendent Brooks to release us and we would supply labourers for the road. He said, ‘You all did not respect me, and you are all tricky people, therefore I will not release you all.’ He afterwards asked us to take an oath stating that we the Gbellakpo people would pay ten pounds; Fremlipoh section ten pounds; Topo section nine pounds; Sueha section nine pounds. After we paid this amount to Superintendent Brooks he brought us down from the bush to Mr. Yancy’s place. Mr. Yancy then said to us, ‘What about the white people’s rice and tobacco I gave you all?’ He said further, ‘Superintendent Brooks is your father and if I do not get the money for this rice I will get you all before this Court.’ We said to Mr. Yancy that Superintendent Brooks is afraid of us, saying that if he let us go home we will not pay him the money, so please give us some money to pay Mr. Brooks and after our arrival at home we would send his money. Mr. Yancy then gave us the money which we paid over to Superintendent Brooks, and he released us. After we reached home we sent both the money for the rice and the amount that Mr. Yancy advanced us to pay Superintendent Brooks’ fine. This is all I know in this case.”

When he was cross-examined as to what was the amount they paid Mr. Yancy as mentioned in his statement he could not tell.

Witness Belloh then took the stand and testified as follows :

“Question : The Republic of Liberia charges the defendant with having committed the crime of extortion by unlawfully and by virtue of his office as Vice President of this Republic, taken from the Paramount Chief Bloh of the Fremlipoh section the amount of two hundred pounds equal to nine hundred and sixty dollars, to this charge the defendant has plead not guilty. Please say if there are any facts within your knowledge touching the matter, and if so state such facts for the benefit of the court and jury.”

“Answer : Yes, many of us were arrested. At the time we were arrested Mr. Yancy was not then Superintendent, Brooks was Superintendent. Superintendent Brooks sent for us asking that we should send some people to work on the Government road. We did not come, and he wrote us a letter. He further sent another letter. Afterwards Superintendent Brooks went in a hammock to our section with soldiers, and said to Chief Jabbeh : ‘I am in your section to get labourers for the road.’ Jabbeh then sent for me and said to me, that ‘Superintendent Brooks said that he was there for the labourers to work on the road.’ I then said to Superintendent Brooks, ‘It is true that you have come to get the labourers, but let us fix some chop for you,’ and we gave him one pound. He said `How, Superintendent, you who is our father and came to see your own children and you refused to take our chop?’ He said, ‘I am going.’ I said to him, `It is true you are vexed on account of the road.’ We then gave him ten pounds; he refused to accept the ten pounds. He left the money in our hands and went. He returned to Harper; one week after Superintendent Brooks left our section Captain Phillips passed through Gbouh section by the way of Fremlipoh section with soldiers. Captain Phillips said to us, ‘I did not come of myself but Superintendent Brooks instructed me to come here.’ He then arrested our leading men; he started to arrest myself and Chief Jabbeh but I said to him, ‘These men that you have are sufficient. If you include Jabbeh and myself who will then fix the matter with you?’ Anyway he arrested all of us and we all came to Harper. We got in Harper very late; Superintendent Brooks met us at the water-side, he had a lantern in his hand and when he saw both Jabbeh and myself he said to Captain Phillips: ‘I thank you very much for having arrested Jabbeh and Belloh.’ And we were carried to Mr. Yancy’s place. The next day they carried us to one big house just as you cross a cement bridge. Brooks was the Superintendent and he was the one who sent for us. When it came to our chop palaver we asked Superintendent Brooks to supply same, he said, ‘No. You will have to feed yourselves.’ We then sent one man to call Mr. Yancy. We said to him that ‘Superintendent Brooks refused to supply chop for us, and you being our old father we ask you to make some arrangement for some chop for us, and we will talk this afterwards with you.’ Mr. Yancy then gave us some. Superintendent Brooks said, ‘I will not let you people go home until some labourers are sent to work on the road from your home.’ Jabbeh then said to him, ‘No, Superintendent, let Belloh go home,’ and I went home. When I arrived at home I said to the people that the only way our Chieftains would be released is if we sent the labourers to work on the road. When returning back to Harper I brought the labourers with me. Superintendent Brooks then said, ‘Alright, I see the labourers, but since your people cause me to write three letters I fine your people ten pounds.’ Superintendent Brooks released the old people excepting the young men whom he kept to work on the road. We were brought down to Mr. Yancy’s place with Superintendent Brooks. Then Mr. Yancy said to us, ‘Now, Jabbeh, let us arrange the white people’s chop that I got for you people. In what way are you going to pay?’ Superintendent Brooks was there when Mr. Yancy said that if we did not send the money for the chop he would have to turn us over to Superintendent Brooks, then Superintendent Brooks had a pen in his hand and all the chiefs signed a certain document. I being a bushman who cannot read nor write one Peter Doe represented us in fixing the document. This is all I know in this case.”

The document referred to in the statement supra reads thus:

CERTIFICATE
“This is to certify that I, Paramount Chief Bloh, of Fremlipoh do promise and pledge payment to Honourable Allen N. Yancy, all of his expenses that he had to undergo and cash credited from him for our maintenance and the maintenance of our labourers on the Government’s motor road, as well as cash advanced to pay our fine which was imposed upon us by Superintendent J. S. Brooks of Maryland County, also for the food of the soldiers who were detailed to facilitate our compliance with the orders of the Government to supply labourers for work on the Government’s Motor Road. Failing to satisfy this undertaking, he is to take steps against us through the Superintendent of Maryland County, R.L., for the recovery of his money. “In witness whereof I have this i8th day of May, A.D., 1929 set my hand and mark.

“CHIEF BLOH his X mark,
“Chief of Fremlipoh.
“Witnesses:
[Sgd.] L. B. ANDREWS.
O. NATTY B. DAVIES.
D. P. DOE.
K. W. JOHN.”

This document was offered in as evidence of the transaction between Chief Bloh and Allen N. Yancy, defendant, obviously for the purpose of contradicting the testimony given by the witnesses for the prosecution; this Court regrets to have to point out however that there appears to be nothing therein to show the relevancy to the amount of two hundred pounds sterling specifically set out in the indictment. If however the document had any reference to the amount of two hundred pounds in question, then in the opinion of this Court, said document should have been returned to Chief Bloh, whose signature was the only one thereto attached when the amount was paid, especially as the one admitted in evidence appeared to have been the original, and not merely a copy.

Peter Doe took the stand and testified as follows:

“In the year 1928 Superintendent Brooks wrote to my people requesting them to send labourers to work the Government’s motor road, they refused to come. He wrote them again on the same matter, they still re-fused; the third time he went himself with a few soldiers and upon his arrival he said ‘I am here for the labourers.’ They said to him ‘We hold word, go home and we will send the labourers,’ he then passed up. When he returned to Harper the Chiefs said that they were too busy with their farms, and could not send any labourers. Whilst they were very busy at our farms, Captain Phillips with soldiers sent to our section to have the Chieftains arrested, he arrested them and brought them to Harper. It took us long time to know why the Chiefs were arrested ; then my people called me and requested me to come to Harper to hear from the Superintendent. On my way coming a mission boy from Fremlipoh came along with me by the name of K. J. Johns; when we arrived at Harper we went to the Superintendent’s office and informed him that our people sent us to him to take his word and go back home to tell them. He then commanded me to meet him at his bungalow, which we obeyed. He put us in a car and carried us to the place where the Chiefs were kept, when we arrived on the spot he ordered the soldiers who had charge of that place to permit us to talk with our people, we were so permitted to do, and our people said to us that the Superintendent said he would never feed them and that they would have to bear the expense of the soldiers. Furthermore, he said to them that they would have to bring the said labourers before they would be released. We carried this news home, and within a few days each of our towns gave ten boys, and I brought them to Harper; presented them to the Superintendent and he took them. I myself remained in Harper. The next day this same John followed me from Fremlipoh section with some labourers, and did as I also did. We spent many days in Harper. On a Saturday evening these Chiefs were brought from the prison, and all of them called at Mr. Yancy’s office at about seven o’clock. They sent to call us, and we went. We met Mr. Yancy, Superintendent Brooks and the various Chiefs. Mr. Yancy said to the Chiefs ‘You have asked to see me, and you have also seen me, the goods that I supplied you that is the rice, tobacco, stock-fish and salt I got them from a certain agent, and here is your Governor (showing them to Superintendent Brooks), you are now going home, if you refuse to pay the money I will report same to your Governor and he will look after it.’ The Chiefs were so glad to return to their homes, and Mr. Yancy asked them to wait awhile until the next morning when he would prepare a certificate with their consent. After that we went home. My people made a great collection and they gave me two hundred and seventy-five pounds for the entire tribe. When I brought this money I paid same over to Mr. Yancy and went home. This is what I know.”

On the cross-examination by the prosecution the question was put to this witness : “I understand you to say that you are of the Bellokpa section of the Kplepo tribe?” Answer : “Yes.” Question : “Being of the Bellekpo section as you have said, can you or can you not tell the court and jury who is your Paramount Chief ?” Answer: “Our Paramount Chief is Doe Jabbeh.” Question: “Being of the Bellokpo section with Jabbeh as your Paramount Chief can you swear that the defendant in the dock did not fine Paramount Chief Bloh of the Fremlipoh section two hundred pounds under colour of his office as Vice President of Liberia, as alleged in the indictment upon which he is being tried?” Answer : “I do not know.”

J. S. Dunham, another witness for the defendant, testified:

“I remember J. S. Brooks, Superintendent of Maryland County, asked me to accompany him with others to Piccininicess o a launch. I asked him for what reason? He informed me that information had reached his office that a delegate had come down from Monrovia by the name of Kofah Doe, where, at King Bloh’s town Kplepo, he was assembling people from Wedabo to King Bloh’s town Kplepo, which would cause trouble, and he further said that Paramount Chief Jury would go along with us because the town Kplepo is within his jurisdiction. We proceeded from Harper to Piccinicess together with Paramount Chief Jury who went along with us from Harper to his town. He, the said Jury, Paramount Chief, was ordered by the Superintendent, Mr. Brooks, to send his messenger to King Bloh at Kplepo and tell him to bring down Kofah Doe and others that came from Monrovia the next morning. The messengers returned, and brought King Bloh together with another man (I do not know his name) King Bloh was asked where was Kofah Doe and the others. He said that they had absconded and gone to Gbouh.’ King Bloh was instructed to send back the man who came along with him to bring down the said Kofah Doe and others if he met them there to Harper. King Bloh was brought to Harper with the launch along with us. This is all I know about it.”

The following answers were given by Mr. Dunham in answer to questions put by the prosecution on the crossexamination : “Mr. Witness, to the best of your knowledge please say whether or not one Kofah Doe was to be arrested as you have said?” Answer: “He was assembling people from Wedabo up to Fremlipoh to King Bloh’s town Kplepo.”

Question : “To best of your knowledge Paramount Chief Bloh having been sent for as you have said was the cause of the assembling of the various tribes in his town ascertained by the authorities?” Answer : “No, Bloh came but did not bring Kofah Doe and he reported that Kofah Doe had run away and gone to Gbouh.”

Witness McBourrough was at this stage introduced as a special witness to testify to the fact that he was one of the guests on the launch that brought this Paramount Chief to Harper. This he testified to.

John Tubman was put on the stand to testify to the fact that there were labourers working on the Government road in the year 1929. This he did.

The defendant was now put on the stand who testified as follows:

“Sometime during the year 1929, Superintendent Brooks ordered the arrest of some of the chieftains from the Kroo Coast from the respective tribes: Bellakpo, Tope, Sucha, from the Kplepo tribe, and the Wedabo chiefs. After they had arrived at Harper and been carried to the labourers’ camp which is six miles distant, a few days after their arrival they sent to call me, and said, ‘Mr. Yancy, ever since we have been brought down here by Superintendent. Brooks we had no chop. We have repeatedly called him and he has refused to come, we want to ask vou to help us in giving us some food supplied.’ I said to them, that I was afraid to venture, because just then we were entering into political season, but however I would consider the matter. Superintendent Brooks subsequently, say about three days later, called to see me and said to me, ‘What can you do to assist me in supplying food-stuff for the chiefs and labourers?’ I told him that the matter was a very difficult one, because all of the natives in this country know me, however what he wanted me to do he must go and reduce it to writing. He left and I think it was on the 13th day of May he sent me a letter transferring his verbal approach. Subsequently he called to see me and requested of me an answer to his letter of May t3th, because the chieftains and labourers were annoying him. The soldiers were also annoying him, and he could not do a single thing because he had no funds. Then I said to him ‘Radio the Secretary of Interior for supplies.’ He said he had already written to Monrovia and no reply was made. Then I proceeded to make some negotiations for them, because we were all human and they had to be supplied. Not at all in doing this just deed had I any intention to extort from the Fremlipoh people two hundred pounds. When Superintendent Brooks released the Chiefs, I said to Superintendent Brooks, ‘What about my money those chieftains owe me?’ because you know those amounts are pretty heavy anybody reckon, feeding about five hundred men at three pence per day what it would aggregate for about six months. I said ‘Well, I am not going to trust any mistake. I must have the chiefs here in your presence and give me a certificate, that when they get home they would remit my money.’ Then accordingly the next morning they all were marched to my place. I then said to them ‘You are all prepared to go home now, what about my money?’ Superintendent Brooks said that they should give me a certificate, and if they did not pay as I have aforesaid to you in my letter of May 13th, I executed a promissory note for each of them to pay me this money. I had to witness these notes, Mr. Lawrence Andrews, who was then my Secretary and typed all of the notes. I sent off and called Mr. Davies to witness. I had Peter Doe who just left here to witness. I had one John, Secretary to Paramount Chief Bloh, to also witness the notes. I had at the time that I was helping these chiefs no intention of extortion. The Chiefs knew at the time that Superintendent Brooks was at the time Superintendent for the county, and I assumed no authority whatsoever. It is this amount of money that King Blob sent to me on the 1st of June, 1929 to settle his indebtedness with me. I repeat no intention whatsoever of extortion.”

He also identified certain documents purporting to be requisitions made on him by Captain Phillips of the Liberian Frontier Force for supplies for soldiers from time to time, and a document which he claimed to have been written by the Superintendent, Mr. Brooks, requesting him to furnish the supplies for the Chiefs, the laborers on the road and also the soldiers. Witness Brooks was put on the stand by the defense to identify the said documents, who denied them as being genuine for the reason as he stated, that when they were arrested in the first instance meaning defendant fancy, himself, and other defendants then under charge, they met in conference and invented those documents which they intended to use in their joint defense. Witness Brooks also stated in evidence that he heard of the Chiefs of Fremlipoh being held in custody by defendant Yancy, but not until the two hundred pounds had been paid by them, in fact he did not hear of it until the Chiefs had been released. He also said that as to the fine he imposed on the chieftains of the Wedabo section, Kplepo, Bellekpo, Fremlipoh and Kapo as a whole for failing to send laborers on the road, he instructed the then Acting Commissioner, Edmore Delaney, to proceed to the Kroo Coast with the chiefs he had released, to collect said fine. He then, after a week, returned with two hundred pounds. Witness Brooks further testified to the effect that Vice President Yancy, now defendant Yancy, only fed the soldiers for one week and he allowed him seventy-five dollars for same, and he only allowed the sum of fifty dollars for the maintenance of the Chiefs. Witness L. B. Andrews was introduced on the stand to identify the purported document marked “A” by the lower court, the execution of which Chief Bloh renounces. K. B. Davies was introduced to corroborate the identification of document “A.” Chief Bloh was introduced by the defense under a duces tecum to produce a certain bill which the defense claimed had been submitted to him by defendant Yancy on account of supplies furnished certain of his Chiefs, laborers and soldiers, who denied ever having been furnished with such a bill. He stated that when they were coming under the arrest referred to, he and his people brought with them six pounds to feed themselves. He confirmed the statement of the witnesses on part of the prosecution in that his people were fined two hundred pounds by Mr. Yancy for refusing to give him boys to send to Fernando Poo. Chief Blob also admitted that he was brought down in a launch once by Superintendent Brooks for failing to send laborers on the government road. He categorically denies having entered into any arrangement with defendant to pay any executive fine imposed on him. This is the evidence offered in resistance by defendant during the trial which was compared by the impanelled jury with that produced by the prosecution from which they came to a verdict of guilty against the defendant, upon which verdict the final judgment was rendered by the judge of the lower court, to which the defense excepted and has brought the cause to this Court for a review on a bill of exception containing seventeen counts.

Having already made comment on the position of the trial court in relation to the judge’s ruling on the motion for continuance and the motion to quash the indictment, we will now proceed to pass on the motion in arrest of judgment. There are three counts in the bill of exceptions being the only ones worthy of our consideration, inasmuch as the other counts are rulings of the judge on objections to questions only. In passing, this Court will remark that it is not possible to lay down a hard and fast rule for the conduct of a trial of a cause, the conduct of such trial being largely within the discretion of the judge. On carefully studying the four counts of which the motion in arrest of judgment is composed, we find that they all attack the sufficiency of the indictment and therefore need no several analysis. With regard to the indictment being uncertain, insufficient, indistinct and not within the framework of the statute on the law of extortion as contended by defendant in his said motion in arrest of judgment, this Court says that after having applied the law in the case, it cannot but accept the indictment as a legal and correct instrument containing all the legal requisites of the law on the subject.

“At common law the technical terms did ‘extort’ (extorquere) and ‘by legal color of office’ (colore officii) are necessary to be used in an indictment or information charging the commission of the crime of extortion, but under the statutes and by the practice in this country [America] these terms are not required, it being sufficient to charge that money or other thing of value was ‘extorsively’ taken; and an allegation that the accused ‘unlawfully, corruptly, deceitfully, extorsively, and by color of his office’ took money as fees he was not entitled to by law, was held to be sufficient without the word ‘wilfully,’ after verdict. . .

“Charging in the language of the statute, or substantially in the language of the statute, the crime of extortion, is sufficient where the statute defining the offense contains all the essential elements of the crime sought to be charged, subject to the qualification that the crime sought to be charged must be set forth with such certainty as will apprise the accused of the offense imputed to him. . . .” I Wharton, Crim. Proc. (10th ed., 1918), § 608.

“An indictment or information charging extortion must conform to the general rules governing indictments and informations requiring that the charge of the commission of the crime alleged shall be of such a character and in such language that the defendant will be fully informed of the exact accusation against which he must defend; and will be sufficient where the offense is clearly and distinctly set forth in ordinary and concise language so as to enable a person of common understanding to know what is intended, and to enable the court to pronounce judgment upon conviction.” Id. at § 609.

“An indictment for extortion must, of course, conform to all the rules governing indictments generally, and should, therefore, charge the commission of the crime in such a manner that the defendant will be fully informed of the exact charge which it will be necessary for him to defend against. . . .” 8 R.C.L. 296, § 318; B.L.D., “Indictment.”

This Court having discovered the existence of all these legal requisites in the indictment upon which the defendant was placed on trial, feels itself in duty bound to support the court below in overruling the motion in arrest of judgment.

We have diligently compared the evidence submitted both on part of the prosecution and on part of the defense, and regret to have to say that there appears no congruity between the facts in support of the case for the prosecution and those adduced on part of the defense in contesting the issue.

The indictment charges the defendant with having committed the offense on a certain date to wit :

That Allen N. Yancy, defendant, a resident of the County and Republic aforesaid, in the County and Republic aforesaid, on the 1st day of June, A.D. 1929 did unlawfully and by virtue of his office as Vice President of the Republic of Liberia take from Paramount Chieftain Bloh of the Fremlipoh section the amount of £200 equal to nine hundred and sixty dollars claiming to have legal authority under color of his afore-said office to impose Executive fines for malfeasance of duty for and on behalf of the Republic of Liberia which amount the said Allen N. Yancy, defendant, did collect under cover of his aforesaid office and convert it to his own benefit contrary to the form of the Statute in such case made and provided and against the peace and dignity of the County and Republic aforesaid.”

The evidence supporting the said charge as testified to by five witnesses in that Allen N. Yancy who was connected with a certain group which was styled “Recruiting Agents,” organized to supply laborers to a certain industrial concern in the Spanish Isles known as Fernando Poo, as Vice President demanded two hundred men as laborers from Paramount Chief Blob, Fremlipoh section, to be shipped to Fernando Poo; they told him that a good number of boys had recently gone to Fernando Poo from their section, and they could not afford two-hundred more. When this message was received by Vice President Yancy he became incensed and chartered a launch and went and had some of the Chiefs of said section arrested and brought to Harper, Cape Palmas, and confined at his farm home, and demanded the sixty boys or two hundred pounds before he would release the Chiefs he had taken in custody. This is the gist of the testimony in these proceedings.

The defense in pleading not guilty to the indictment adduced evidence to the effect that the money that he collected from the Chiefs was due him in connection with some requisitions issued by Captain Phillips, the Commanding Officer then in charge of the barracks at Cape Palmas, maintenance of Chiefs held in custody of Superintendent Brooks for failing to furnish laborers for the motor road that was being constructed in Cape Palmas under the direction of the Government, and for laborers who were working on the road, which transaction was endorsed by Superintendent Brooks.

On scrutinizing the evidence both oral and written as adduced on the part of the defendant, this Court discovers many discrepancies which, in the opinion of this Court, gave rise to a doubt in the mind of the jury as to the veracity of the witnesses for the defense and caused a verdict of the nature of the one they returned. For example: (a) Witness Brooks who was put on the stand by the defense, stated that the documents marked “B to E” by the court, that is to say the requisitions purported to have been issued by Captain Phillips for maintenance of soldiers, were not genuine but made up by him, Brooks, with defendant and others who were first jointly indicted when this series of actions was being instituted by the Government in consequence of the report of the late International Commission of Inquiry by way of preparing a defense for themselves at that time. (b) That so was also document marked “A” by court purporting to be a certificate from Chief Bloh in acknowledgment of his indebtedness to defendant fancy which certificate contains no amount whatsoever, and which Chief Bloh also himself denied ever having executed such a document.

This Court, therefore, under the circumstances, feels itself in duty bound to agree with the trial court in affirming the verdict of the petit jury, and handing down a judgment accordingly. The judgment of the court below should therefore be affirmed; and it is hereby so ordered.

Affirmed.