In brief, the statute involves two key concepts, a "pattern of racketeering activity" and an "enterprise." Woermann, Jantzen & Thormhlen and other German firms controlled a network of trading posts in different parts of West Africa. Kedzeme quarter represented where ashes and dirt were thrown while Tengheghe quarter simply meant down the bush. In Knight, the prosecution violated the rules of discovery by failing to provide the accused with certain evidence prior to trial. In June 1840 Kings Bell and Akwa each signed treaties with the British accepting to end slave trade and slavery in their chiefdoms. [17], Europeans who described the situation at Douala during the period before and after the formal colonial annexation praised King Bell and his son and heir, Manga, while they thought little of his rival, King Dika Mpondo Akwa. As the State argues, there is some doubt as to whether Bell adequately raised the issue with the trial court. The houses are neatly built of bamboo, in wide and regular streets, with numerous plantain and cocoa-nut trees, and even large fields of maize A considerable trade has been carried on for many years with the natives, who from their activity in collecting palm oil, and their intercourse with Europeans, have become a large and important community, possessing a high degree of civilization". PDF OL SW MOCK 2022 HISTORY 1-Copy - cameroongcerevision.com The Ndaw-Ntsu was later transferred from Ukumuyeh to Wimeh when a new legislative house was constructed. https://en.wikipedia.org/w/index.php?title=List_of_rulers_of_the_Duala&oldid=1120874151. Any reason for that? 4 (codified at Utah Code Ann. A Carl Woermann tradin firm. 2d 60 (1984): Id. Fulton, 742 P.2d at 1214; Utah R.Crim.P. Larson has finished eighth or better in seven of his last 10 races . We have previously explained the need for similarly detailed findings in cases arising in various areas of the law. denied, 475 U.S. 1128, 106 S. Ct. 1656, 90 L. Ed. 403.[22]. [15] We note, however, that any future forfeiture order in this case and other cases arising under the RICE statute and its successor, Utah Code Ann. Appellate review of such cases would be greatly enhanced by a form of verdict which would allow the appellate court to determine on which of the various theories the jury based its decision. In late December, Bafut holds a huge four-day celebration to mark the end of the years ancestor worship with masked dancing and drumming. [8] Although rule 4(e) does not expressly provide that the bill must be written, it is apparent in reading rule 4(e) as a whole that bills of particulars must be written. In 1905 the palace of the King Manga Ndumbe Bell (also called la Pagode) was built, and in 1906 the general plan of Gross Douala was established. Jantzen and Thormahlen were initially agents of Adolph Woermann's Woermann-Linie. O'Neil spent his first years as a Catholic priest on mission in Cameroon, Africa and wrote a PhD dissertation on the Moghamo people of the North West Region of Africa. [3] Bell also bases his claim on the federal sixth amendment. We are allowing home weigh ins! In this case, the error involved an essential element of the crime charged. Cramer's Lightning Round: Hold DraftKings - CNBC Alfred Saker opens school at Bethel Mission Douala ; the second school in Cameroon. They supported the weaker King Bell to counter the powerful King Akwa. Suy Lan Hopmann und Fiona Siegenthaler (Hrsg. In 2006 the building was highlighted by a sign produced by doual'art and designed by Sandrine Dole; the sign presented an historical image of the building and a description of its history. Given our disposition of this appeal, we need not rule on Bell's claim. [15], Johannes Thormlen considered that it was inconceivable that Cameroon could ever be developed through the work of the natives, thinking they were incapable of the organization required and too lazy. We need no fighting and beating without fault and no imprisonment on paying the trust without notice and no man should be put to Iron for the trust. 77-35-30(a) (1982)). End of the visit. at 1214 (quoting State v. Burnett, 712 P.2d 260, 262 (Utah 1985)); see also State v. Taylor, 14 Utah 2d 107, 108, 378 P.2d 352, 353 (1963); State v. Myers, 5 Utah 2d 365, 372, *104 302 P.2d 276, 280 (1956).[5]. This spear shot its way through the plains of Weh and fell at present day Utoh quarters. V Vault of Kings Bell in Douala (20 F) Media in category "Duala people" The following 19 files are in this category, out of 19 total. If the State should offer these papers as evidence in a new trial and argue their admissibility under rule 803(6), we caution the trial court to scrutinize carefully the evidence and the circumstances under which it is offered to ensure that the papers are admissible under the hearsay rule exception. Kuma Mbapp refused to sign the treaty. Utah Code Ann. State v. Lafferty, 749 P.2d 1239, 1260 & n. 16 (Utah 1988). Sometimes they paid the local chiefs for the land. [20] Bell also contends that inadequate access to the transcripts has impeded his ability to support certain arguments he has made on appeal regarding error in the convening of the grand jury and the handing down of the indictment. 76-10-1601 et seq. Enter your email address to subscribe to this blog and receive notifications of new posts by email. Bell then found himself up against the other Duala chiefs in the Duala War, which was fought over the killing of a Bonabri Duala and Bells alleged refusal to share his profits with the other sub-lineages. The Germans were outnumbered. Fuh moved southwards to present day Bafut where they merged with some Widikum settlers of the other Bafut villages. Our wish is that white men should not go up and trade with the Bushmen, nothing to do with our markets; they must stay here in this River, and then give us trust so that we will trade with our Bushmen. In 1879, King Akwa sent such a request; Bell followed suit in 1881 (some historians believe that these documents were faked, however.) Ewale a Mbedi settled on the Wouri River at the Bight of Bonny (modern Douala) and became the eponymous founder of the Duala people.[1]. He said "Having written to you, through the English Consuls on the West Coast, several times, covering the space of over five years, in which letters I anxiously inquired to know if the English Government would take by annexation my country, I at last despaired, having not received any answer I hence concluded that neither the Consuls nor yet the English Government cared anything about my country"[13], The rulers of Bonaberi and Bonapriso refused to sign the German protectorate treaty in July 1884. Document in which 12 African Chiefs from Cameroon confirm the 12 July 1884 German-Duala "Protection" Treaty . (b) any interest in, security of, claim against, or property or contractual right of any kind affording a source of influence over any enterprise which he has established, operated, controlled, conducted, or participated in the conduct of, in violation of section 76-10-1603 of this act. Accord Johnson v. Cornwall Warehouse Co., 16 Utah 2d 186, 188, 398 P.2d 24, 25 (1965). (1) It shall be unlawful for any person who has received any proceeds derived, whether directly or indirectly, from a pattern of racketeering activity in which such person has participated, as a principal, to use or invest, directly or indirectly, any part of such proceeds, or the proceeds derived from the investment or use thereof, in the acquisition of any interest in, or the establishment or operation of, any enterprise. Western History Collections. Note that only the German consul signed to engage his country into this pre-treaty; and no Cameroonian party signed it. After several days of fighting, the German army won because of their superior arms, and also the help sent by other Duala kings. As part of Prince's plea bargain, she was promised that she would not have to testify against her friends and family members involved in the drug ring. Other historical materials and analyses are referred to and discussed in United States v. Spock, 416 F.2d at 180-83. A dichotomy emerged under which the rulers of Akwa and Bell were kings, while the leaders of smaller lineages were chiefs or princes. We reverse the conviction for violation of the RICE statute, vacate the forfeiture order, and remand with instructions that Bell be granted a new trial. Bell obtained a court order requiring one, and after much delay, the State provided a bill which Bell then challenged as also being too vague to give him adequate notice of *103 the charge. At first, the State ignored Bell's request. Category:History of Cameroon - Wikimedia Commons The State initially refused to provide a bill. Mais jai demand avant dinspecter toutes les maisons pour trouver des trsors ethnographiques. [2] Its name is due to the region being largely littoral, and associated with the sea coast. [20] The briefs of both parties and the record provided here are inadequate to enable us to determine whether the State failed to comply with the discovery order and whether any such failure constituted prejudicial error. The specific question, then, is whether the State's failure to notify Bell of these three factual bases for the allegations of a RICE enterprise so impeded his ability to prepare a defense to those allegations as to require a reversal under rule 30. Known for their bravery and warfare, the Usu quickly subdued their newfound land when they found the spear. [10], Jantzen & Thormhlen entered the plantation business in 1885, but development was slow, with more interest being shown in railways by investors. The Dualas readily welcomed German and French colonial policies. Unlawful acts Felony Forfeitures. During this era, Duala rulers were often deposed and even exiled for any perceived infraction against the colonial government. It is only once this was done, that the Kings Bell, and Akwa signed the treaty of sovereignty. Phrased differently, the test is whether our confidence in the outcome of the trial is eroded. 19(a) (codified at Utah Code Ann. [4] [9], On the basis of this treaty between the kings and the representatives of the trading firms, the next day the German Consul assumed the suzerainty of the German Empire over the territory of the Cameroons. Voss, the senior German citizen on the river, handed the treaties over to . State v. Lafferty, 749 P.2d 1239, 1260 & n. 16 (Utah 1988), simply indicated that specific findings should be made under certain circumstances in the penalty phase of capital homicide cases. Our review of the record leaves us unconvinced that Bell did in fact receive adequate notice through these convoluted means. SMS Olga during the shelling of Hickory Town on December 21, 1884 From December 20 th - 22 nd , Commander Eduard von Knorr sent by Berlin decided to intervene immediately, and sent ashore a landing party of some three hundred men from warships SMS Bismarck and SMS Olga to . Dr. Y. and www.afrolegends.com, [2009-2023]. The earliest known Duala rulers, according to Duala oral history, were Mbongo and his son Mbedi. at 27, 714 P.2d at 626 (quoting Or. [12] Under rule 30, an error in a criminal prosecution requires reversal when we conclude that, absent the error, there was a reasonable likelihood of a result more favorable to the accused. Mon butin principal est une grande uvre sculpte en bois, la proue princire (tangu or tangua bolo, in Duala language) de Lock Priso, qui sera envoye Munich.]. Most of the slaves came from the western highlands and the sloping coastal plains running west from the Wouri estuary, leisure activities in the evening, dinner and night in Bafoussam. Just north of Bamenda is the large Tikar community of Bafut, traditionally the most powerful of the Grassfields kingdoms. [10] Ngum had two sons, Meh and Utoh after whom Wemeh and Utoh quarters were formed. The process for acquiring land in the early years was informal. Bell has raised a large number of other claims of error with regard to the pretrial and trial proceedings, some of which are plainly frivolous. There was evidence that Bell, who owned a convenience store, trafficked in cocaine on the store premises and deposited drug receipts in the store bank accounts. It is important to note here that further research is needed to understand why the female Natum is not listed in contemporary Esu Patriachal Dynasty when female rulers have existed in other Tikar societies such as the Bamun. Colonial Treaties in Africa: Pre-treaty to the 12th July 1884 Germano This interpretation is consistent with the requirements of the constitutional right to notice that rule 4(e) implements. It holds many interesting (and slightly scary) carvings, traditional costumes and weapons. Bafut also holds a large market every eight days (every country Sunday). Bell also argues that the limiting instruction given was inadequate to overcome the prejudicial effects of the other crimes evidence. Another authority has written: United States v. Spock, 416 F.2d 165, 181 (1st Cir.1969) (quoting G. Clementson, Special Verdicts and Special Findings By Juries 49 (1905)). Jantzen & Thormhlen was a German firm based in Hamburg that was established to exploit the resources of Cameroon. About half the trade with Kamerun was German-controlled. A grand jury indicted Bell on racketeering charges pursuant to Utah's "RICE" or "Little RICO" statute, Utah Code Ann. The phrasing of the bill of particulars and the State's behavior throughout pretrial proceedings reflected a degree of belligerence and evasiveness that is plainly inappropriate prosecutorial conduct. Rather than merely repeating the statute, the better course would be to give instructions which explain the necessary elements of the RICE crime in clear language that is tailored to fit the specific legal theory or theories of the crime and the factual basis for the theories as they are charged in the indictment and clarified in the bill of particulars. Language links are at the top of the page across from the title. The rulers of the Duala are the headmen, chiefs, paramount chiefs, and kings of the Duala people of Cameroon. H.A. COMPANY OF PROVO v. CAMPBELL | 17 Utah 2d 401 - CaseMine Id. Although an information may be accompanied by a fact statement detailing the prosecution's contentions in support of the charges, an information or indictment is legally sufficient even if it consists of nothing more than an extremely summary statement of the charge that would not provide the accused with sufficient particulars to prepare an adequate defense. King Akwa portrait.jpg 1,000 858; 229 KB. [11] King Bell told the British Vice-Consul, Buchan, that the sub-chiefs would prefer British rule, but were waiting to see what the Germans would offer. The German colonialists violated the provisions of the treaty of 1884 by extending their trade, but also published plans to segregate the city into a white and a Black quarter. State v. Bell :: 1988 :: Utah Supreme Court Decisions - Justia Law See, e.g., State v. Topham, 41 Utah 39, 123 P. 888 (1912). 76-10-1601 to -1609; Utah R.Civ.P. some of his leading advisors following their defeat of. [2] Negotiations went on, and a peace treaty (i.e. [19] Despite the inferences drawn by Justice Stewart, nothing in this opinion should be taken to suggest that trial courts must invariably use special verdicts or interrogatories in RICE cases. [10], Relations improved when von Zimmerer replaced von Soden as governor of the Kamerun colony in 1890. Arrival at Mora, the capital of Mandara.jpg 760 641; 82 KB. Ngumshot a magical spear in the air and ordered his people to follow him to wherever it would fall. art. 'Love Poem for my Country' by Sandile Dikeni, "Nuit de Sine" Lopold Sdar Senghor / "Night in Sine" by Leopold Sedar Senghor. He claims numerous errors *108 in the proceedings leading to that forfeiture order. Bell's remaining arguments have been considered and found either lacking in merit or likely to be obviated by the reversal and remand for retrial. Newspaper reports said that English traders had incited the sub-chiefs of Joss Town (Bonapriso) and Hickory Town (Bonaberi) against King Bell, saying he had failed to pass on their fair share of the money he was given by the Germans.The German representative, Max Buchner, called on a small naval squadron to restore the peace, which they did by destroying both Bonaberi and Bonapriso. During his period of rule, the Mungo region gained almost 70% of the cocoa trade, almost entirely controlled by the Bells. [10] (Columbia University, 1987). (3) It shall be unlawful for any person employed by or associated with any enterprise to conduct or participate, whether directly or indirectly, in the conduct of such enterprise's functions through a pattern of racketeering activity. A defendant, having complied with the procedural requirements of rule 4(e) in requesting a bill of particulars, ought not to have to look beyond the indictment or information and the bill of particulars to obtain sufficient notice of the specific allegations to be faced at trial. DUALA (DOUALA) PEOPLE: ONE OF THE CAMEROONIAN COASTAL ETHNIC - Blogger Because the existence of an "enterprise" is an essential element of RICE crimes,[2] Bell argues that the inadequate notice given on this point prejudiced his ability to prepare a defense, thus denying him the right to notice guaranteed by the Utah Constitution[3] and by Utah Rule of Criminal Procedure 4.[4]. Die Ermordung Manga Bells in Kamerun 1914. You're all set! Speaking at his funeral, the governor said "Duala people, the roof under which Whites and Blacks mingled has collapsed". The ultimate test of the adequacy of such a statement, as noted above, is that the accused be enabled to prepare a defense. The palace compound consists of numerous buildings, including the houses of the fons 150-or-so wives (not all of whom are presently in residence), and the sacred Achum building, which is off-limits to everyone except the fon and his close advisors. [7] Once such a request is made, the accused is entitled to receive, and the State has the burden of providing, a written[8] bill of particulars which, in conjunction with the indictment or information, gives notice of the particulars of the charges in sufficient factual detail to enable the accused to prepare an adequate defense. We then held that under such circumstances, if the accused could make a credible argument that the prosecutor's errors impaired the defense, it would be appropriate "to place the burden on the State to persuade a court that the error did not unfairly prejudice the defense." Most Slaves from this area were exported via the Cross River to Calabar, beautiful sunset view, leisure activities in the evening, dinner and night at Ayaba hotel. Bell over Akwa and their respective falls in terms of the mythification of personalities, the . After Bell's conviction, Utah's statute was amended and renamed the "Pattern of Unlawful Activity Act." In State v. Fulton, 742 P.2d 1208 (Utah 1987), cert. Pending the outcome of this appeal, service of the prison term was stayed and Bell was allowed to post a bond and continue to possess and operate the store. Palace of the Kings Bell Statue of King Akwa in front of the King Akwa Museum Temple of Centeneire. [2] The Akwa lineage followed suit sometime in the early 19th century. This list omits several rulers who served but briefly and who were succeeded by brothers rather than sons. In 1914 the large population living in Bonanjo was moved to the new estate of Neue Bell (New Bell). PDF Aspects of Cameroon Englishes - Cambridge Scholars Publishing [14] Id. Such tactics encroach on a defendant's right to notice and fall below the minimum compliance with rule 4(e) that could be justified under the Rules of Professional Conduct. NASCAR DFS: 2023 Go Bowling at The Glen picks, lineups, daily fantasy Some of the papers had the name "Steve" written on them. [12] [10], Manga Bell built a palace in the center of Douala, also known as the "Pagoda" due to its architectural style, completed in 1905. Sign up for our free summaries and get the latest delivered directly to you. Jantzen & Thormhlen was a German firm based in Hamburg that was established to exploit the resources of Cameroon. The State argues that Bell was put on notice of the factual basis for the enterprise allegations by various documents, other than the indictment and the bill of particulars, and by information presented during various pretrial hearings. STATE of Utah, Plaintiff and Appellee, The State delayed further, but ultimately provided this brief response: Before this Court, Bell focuses his argument on the enterprise element addressed in paragraph 3 of the bill of particulars. The imposing colonial building above the palace is now a museum. They supported the weaker King Bell to counter the powerful King Akwa. The Utah Act and similar provisions in other states have been referred to as "Little RICO" Acts because they were modeled after the federal "RICO" statute, 18 U.S.C. As used in this part: (1) "Racketeering" means any act committed for financial gain which is illegal under the laws of Utah regardless of whether such act is in fact charged or indicted, involving: (1) Trafficking in controlled substances, explosives, weapons or stolen property; (v) The soliciting, requesting, commanding, encouraging, or intentionally aiding another in commission of any of the above enumerated offenses; (w) Conspiracy to commit any of the above enumerated offenses; or. 404(b). Instructions should be sufficiently clear that they adequately advise the jury on the law pertinent to the case. [17] RICE is, in fact, extraordinarily broad in scope and is phrased in terms which are imprecise and difficult for lay persons to fathom. At trial, however, the State's witnesses were allowed to testify about numerous sales and purchases of drugs made by Bell and employees at Bell's store which occurred before the period of time set out in the indictment. Ndumbe Lobe Bell - wikinone.com By 1892 they had built a wooden house and a corrugated iron barracks at Mundame, and were building a store house. Also, von Soden was committed to eliminating Bell dominance of the trade in the Mungo valley to the northwest of Douala, assisting the firm of Jantzen and Thormhlen to expand into this region to start plantations and establish a trading station. On 7 March 1841, King Bell's predecessor signed a formal treaty with William Simpson Blount, commanding the British ship Pluto, in which he agreed to suppress the sale or transport of slaves in his territory. As Bell has argued, this breadth and vagueness creates a related problem, the difficulty of framing jury instructions based on the elements of the crime as they are defined by the statute. The instruction was merely a general instruction that made no reference to specific evidence. In front of the palace compound are several stones marking the burial sites of nobles who died while serving the fon, and the Takombang House which holds the fons ceremonial drum. The Admiral of the naval squadron assumed authority until the first Governor, Julius von Soden, arrived in July 1885. at 500. It argues that Bell was not prejudiced because he was effectively put on notice of the State's various theories of what constituted the element of an enterprise through the course of certain pretrial proceedings. App. Racketeering activity is defined as any of a number of listed offenses, including the offense of which Bell was accused, trafficking in controlled substances. [2] Mpundu Akwa: der Fall des Prinzen von Kamerun ; das neuentdeckte . 30(a) (codified at Utah Code Ann. It is distinctly possible that this evidence influenced the jury to convict Bell without regard to the strength of the evidence on the crimes actually charged. Your email address will not be published. COMPANY OF PROVO v. CAMPBELL on CaseMine. Bell obtained a court order compelling the State to produce transcripts of testimony pertaining to Bell. Exhibition "Hey Hamburg, do you know Duala Manga Bell?" (3) "Enterprise" means any individual, sole proprietorship, partnership, corporation, business trust, association or other legal entity, and any union or group of individuals associated in fact although not a legal entity, and includes illicit as well as licit entities. However, it may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. [16] Bell has not raised, and therefore we do not reach, the question of whether the statute might run afoul of provisions of our state constitution. Douala was a dependable if minor source of slaves for the Atlantic Slave Trade.The British became active in suppressing the trade in the 1820s. However, after signature of the protection treaty in July 1884, the first German governor, Julius von Soden, favored the Akwa family. I, 12. [4] These rulers were often given Europeanised names, such as King George or King Akwa. Here is the text to the Pre-treaty approved by King Ndumb Lob Bell and King Akwa of Cameroons River ( Wouri River, Douala) before agreeing to signing the 12th July 1884 Germano-Duala treaty. Article I, section 12 of the Utah Constitution guarantees, "In criminal prosecutions the accused shall have the right to demand the nature and cause of the accusation against him [and] to have a copy thereof." The eldest sontook the emblems ofpower from his mother and became the new fon of Esu. [11] In response, the Cameroonians resorted to their strategy of peaceful opposition by means of political action. However, as we stated in Knight, in some circumstances the nature of the error involved is such that this de facto burden should be shifted and the State required to persuade us that the error was harmless. Therefore, Bell was on notice that his alleged drug dealing activities were criminal, although he may not have understood that the far-reaching penalty provisions of RICE would apply.
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