The opinion of the court was delivered by: GOURLEY
This matter comes before the court on motions to dismiss the indictments and/or suppress the evidence, and for bill of particulars.
'If two or more persons conspire to injure, oppress, threaten, or intimidate any citizen in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same; * * *.' (Penal clause.)
The indictments recite that there was a general election in the Commonwealth of Pennsylvania on November 4, 1952, at which the voters voted on a United States Senator, members of Congress and other officials.
Within this Western District of Pennsylvania, which includes the Twenty-first and Twenty-sixth Congressional Districts, it is alleged that the divers parties indicted conspired with each other and with others to injure and oppress citizens of the United States and particularly their right of suffrage.
Several overt acts are alleged. The first is that the defendants cast and caused to be cast false, forged, illegal and fictitious votes, thereby diluting and destroying the value of votes legally cast.
The next overt act alleged is that the defendants caused an incorrect tally of the votes cast to be returned.
And the other overt act alleged is that the defendants did procure persons not qualified to vote to impersonate lawful voters and to cast illegal votes in said precinct.
All the defendants have been arraigned and all plead not guilty.
Motion to Suppress the Evidence.
In pursuance to a subpoena issued out of the District Court on Behalf of the United States Attorney on July 31, 1953, directed to the Registration Bureau of Fayette County, the following records for the First, Second, Third and Fourth Wards of Brownsville and for the Sixth District of Luzerne Township, Fayette County, were produced:
(a) Voters' certificates for November 4, 1952 general election.
(b) Duplicate return sheets.
(c) Record of assisted ...