There are some historical attractions still present in Bimbia today. [14], Bell has also appealed from the order forfeiting his interest in the convenience store. See, e.g., United States v. MacCloskey, 682 F.2d 468, 479 (4th Cir.1982); United States v. Henricksen, 564 F.2d 197, 198 (5th Cir.1977). He was an astute politician and a highly successful businessman. Date of production: before 1887 [14] (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. 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. At that time, Douala consisted of a number of . 920, 928-30 (D.Utah 1987) (discussing a "strict pleading requirement" on allegations of racketeering activity for civil RICE and RICO actions). This paper explores the origins of this alternation and begins with a historical background of the Esus. Bell argues that the prior illegal activities were irrelevant to the crimes actually charged and that the evidence should have been excluded under Utah Rule of Evidence 403 because any relevance was outweighed by prejudicial effect on the jury. Ngumshot a magical spear in the air and ordered his people to follow him to wherever it would fall. 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. Category:Duala people - Wikimedia Commons It should be noted that only the Wee Ngeng family and the Wee Meh Bih Families in Esu have a common grave for their leaders (Sai-Ibami). (240/sq mi) The Littoral RegionRgion du Littoral) is a of Cameroon. By no stretch of the imagination could the single enigmatic sentence in paragraph 3 of the State's reply to Bell's request be construed as containing sufficient factual information to describe the State's actual theories of this essential element of the crime, much less to permit Bell to prepare his defense on this element. Bell did submit a timely request that the State provide a bill of particulars describing the factual basis for the element of racketeering activity and specifically explaining "what enterprise is alleged as being involved." [10], Jantzen & Thormhlen entered the plantation business in 1885, but development was slow, with more interest being shown in railways by investors. Ndumb Lob Bell or King Bell (1839 - December 1897) was a leader of the Duala people in Southern Cameroon during the period when the Germans established their colony of Kamerun. 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]. ), the standard of harmless error applicable to violations of the federal constitution differs from the standard applicable under our state rules of evidence and procedure. No man should take another mans wife by force or else a heavy fine. In brief, the statute involves two key concepts, a "pattern of racketeering activity" and an "enterprise." This is a near-verbatim repetition of the contents of Utah Rule of Evidence 404(b). See Michigan v. Long, 463 U.S. 1032, 1040-42, 103 S. Ct. 3469, 3476-77, 77 L. Ed. 76-10-1601 to -1603 (Supp. I come in peace, Thank you very much for such an insight Ndumb Lob Bell (1839 - December 1897) was a leader of the Duala people in Southern during the period when the established their colony of . Im extremely grateful for them and the opportunities that have opened up for 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." He was to lead the Bell faction for almost forty years until his death in 1897. Temple of Centeneire. I, 12; State v. Fulton, 742 P.2d at 1214. at 27, 714 P.2d at 626 (quoting Or. [2] The existence of an "enterprise" is essential for the crimes defined by the RICE statute. The Duala shore -Bell Town beach- in 1907.jpg 760 515; 65 KB. [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. 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Bell also makes two claims of error with respect to evidence admitted at his trial. [11], King Bell's relations with the first Governor were poor. King Bell sought European protection to support his authority, prevent further attempts to defect by segments of his people such as the Bonaberi, and stabilise trade. [7], On 12 July 1884, King Ndumb Lob Bell and King Akwa signed a treaty in which they assigned sovereign rights, legislation and administration of their country in full to the firms of Carl Woermann and Jantzen & Thormhlen, represented by the merchants Edward Schmidt and Johann Voss. They competed for trade with the Europeans. King Ndumb Lob Bell succeeded his father Lob Bebe Bell in 1858, when he was aged about twenty. 49 (made applicable to criminal cases by Utah R.Civ.P. Bell contends that the prosecution's failure to sufficiently notify him of the factual basis for its allegations left him unable to make pretrial preparation for a defense or to counter the State's evidence and arguments at trial. Bafut also holds a large market every eight days (every country Sunday). Utah *106 R.Crim.P. Bell has presented no persuasive arguments for holding differently on the record now before us, and we decline to do so. Heads of rival sub-lineages soon rivalled him, including the self-styled King Akwa (Ngando Mpondo) in 1814, King Deido (Jim Ekwalla) of the Deido (an Akwa splinter group), and Prince Lock Priso (Kum'a Mbape) of the Bonaberi. Although we decline to hold that the statute is so vague as to facially violate the fourteenth amendment due process clause, we recognize that the vagueness creates some problems. Johannes Thormhlen was the firms agent in Gabon, and Wilhelm Jantzen was the Woermann agent in Liberia. at 920. State v. Lafferty, 749 P.2d 1239, 1260 & n. 16 (Utah 1988) (asserting this Court's supervisory powers to require that sentencing bodies, whether judge or jury, make certain written findings to aid in appellate review); United States v. Coonan, 839 F.2d 886, 889-91 (2d Cir.1988) (finding the use of interrogatories and special verdicts proper in RICO cases). 2d 199 (1986), and cases cited therein. Colonial Treaties in Africa: Pre-treaty to the 12th July 1884 Germano Those with children were preferred. 25 Africans and one German died during the fighting. Utah Rule of Evidence 803(6) provides for the admission of hearsay materials which are records kept of regularly conducted activities, so long as certain foundational requirements are met. See, e.g., United States v. Tripp, 782 F.2d 38, 42 (6th Cir. BELL, Defendant and Appellant. 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. Bell claims that Prince would have testified that Bell was not the "Steve" referred to in the documents. 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. A Carl Woermann tradin firm. [16] The police searched the homes of several suspects and seized various pieces of paper which, according to the State, are informal records of drug transactions. These struggles were all harmful to the Bell trade. However, we note for future reference that the RICE statute lends itself to confusion, particularly in cases such as this, in which the State presents multiple theories as to what constitutes the enterprise, the pattern of racketeering activity, and the relationship between these elements. Applying the erosion of confidence test to a failure to give adequate notice of charges, we first ask how the error impeded the accused's ability to prepare for trial and to meet the State's case. On the 12th of July 1884 in Douala, Cameroon the Douala Paramounts King Bell and King Akwa as well as other Douala notables signed a so-called Treaty of Protection with Johannes Voss, an agent of the trading firm Jantzen and Thormhlen, and Eduard Schmidt, acting on behalf of the Woermann firm. The population naturally resisted, and the army assisted in hunting for workers, Accord Johnson v. Cornwall Warehouse Co., 16 Utah 2d 186, 188, 398 P.2d 24, 25 (1965). The indictment merely repeated verbatim the broad, vague language of the RICE statute without describing any facts or circumstances constituting the crime charged other than a statement that the crime had been committed during a ten-month period. Austen, Ralph A., and Derrick, Jonathan (1999): This page was last edited on 9 November 2022, at 08:10. Place:Douala - HandWiki [8] You are instructed the evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in conformity therewith. Steven A. Cameroon Slave trade Route,slave trade,slave discovery At trial, the State presented three alternative theories as to what constituted the essential element of an enterprise. Utah R.Crim.P. See State v. Cloud, 722 P.2d 750, 755 (Utah 1986). 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. Kedzeme quarter represented where ashes and dirt were thrown while Tengheghe quarter simply meant down the bush. Soon after, the Cameroonians were forced to recognise that the colonialists would continually violate the provisions of this agreement. Fulton also explained that this constitutional right to notice is normally implemented through Utah Rule of Criminal Procedure 4, which governs, inter alia, the contents of informations, indictments, and bills of particulars. It is not known exactly when this happened but a closer look at when the alternation process of selecting the Esu fon began indicates that this would have happened between the forth andfithEsu fons. From December 20th 22nd, 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 Olgato arrest the leaders of the anti-German tribes and destroy their villages. Over time, the Duala split into various lineages. However, after signature of the protection treaty in July 1884, the first German governor, Julius von Soden, favored the Akwa family. a treaty acknowledging defeat) was finalized on 13 January 1885, forcing Kuma Mbapp to accept German rule in Hickory Town. She kept the Buffalo horn and throne until she had children of her own. These documents were introduced at Steve Bell's trial. Today we will talk about the first bombings on Cameroonian soil which occurred on 22 December 1884, when Germans on warships SMS Bismarck and SMS Olgabombed Hickory Town (Bonabri) in Cameroons Town (modern-dayDouala). The firm's commercial and political influence was a major factor in the establishment of the colony of Kamerun in 1884. In the 19th century they were bartering palm oil, palm kernels and ivory for European goods. PDF Reviews ofBooks - ResearchGate When Bell's counsel raised the idea of having Prince testify on Bell's behalf, prosecutors called Prince's attorney and warned him that if Prince did so testify, they would view it as a violation of the bargain and would force her to testify for the prosecution in other cases. Bell royal house in 1841, when Ndumb Lob Bell was an infant.An 1880 guide said the towns of King Bell and King Aqua, separated only by a little brook, are apparently of great extent and considerable population. showing Duala settlements around 1850 In some cases, the company simply occupied the land and their title was later recognized by the government. Voss, the senior German citizen on the river, handed the treaties over to . In practice, both Bell and Akwa suffered from internal divisions and did not have strong control over their subordinate communities, who rivalled them in trade and at times took independent action. The point was explained by Judge Newman in a concurring and dissenting opinion in United States v. Ruggiero, 726 F.2d 913, 925-30 (2d Cir. The RICE statute defines the various relationships between racketeering activity and an enterprise that are declared to be criminal. In other cases, the government declared an area to be crown land, and sold it to the company. [2] Its name is due to the region being largely littoral, and associated with the sea coast. Yet the Muslim Jihad wars caused them to continue to flee southwards until they got to Fumban where they spent several decades before migrating to Ndop. As discussed in State v. Bishop, 753 P.2d 439, 499-500 (Utah 1988) (Zimmerman, J., concurring, joined by Stewart, A.C.J., and Durham, J. King Akwa - African Heritage [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. (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. In Knight, we noted that in assessing whether the defendant's argument of prejudicial impairment rang sufficiently true to warrant shifting the burden of persuasion to the State, we would take into account the centrality of the matter affected by the prosecutor's errors. [3] See 742 P.2d at 1214; Utah R.Crim.P. The German consul Max Buchner wrote in his war diary, Lock Prisos palace is plundered, a colorful and striking image. U.S. Const. Acquisition by museum: purchased from Julius Konietzko in 1933. Jantzen & Thormhlen was a German firm based in Hamburg that was established to exploit the resources of Cameroon. The building is also known as La Pagode; this name comes from the French writer Louis-Ferdinand Cline, who remained in Douala in 191617, who calls it such in his famous novel Voyage au bout de la nuit (Journey to the End of the Night).[1]. In November 1829 the British ship "Eden" seized the Brazilian slave trader "Ismenia" of Rio de Janeiro after it had given its trade goods to the then King Bell for the purpose of obtaining slaves. [5], When his father Ndumbe Lobe Bell, generally known as "King Bell", died in December 1897, Manga Bell inherited his position and salary in exchange for taking greater responsibility for his people and supplying porters to the government. He was to lead theBell faction for almost forty years until his death in 1897. Littoral Region (Cameroon) - Wikipedia Utah Code Ann. 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. Although the Federal Rules of Civil Procedure adopted special verdicts and jury interrogatories in civil cases, and so have the Utah Rules of Civil Procedure, neither jurisdiction has adopted those devices in criminal cases, and I would not do so now in the manner proposed. It is called the Wnsche der Kamerun (or the Cameroonians wishes) and was signed by the German consul. Kuma Ndumbe III, P. 145-146, Ed. 30(a). The situation in Douala was soon on the verge of escalating. The State refers to a complaint filed in a separate proceeding seeking forfeiture of Bell's convenience store,[13] to an in-court discussion at a hearing on that forfeiture complaint, and to materials provided to Bell through pretrial discovery, including transcripts of grand jury witnesses' testimony and transcripts of telephone conversations recorded pursuant to a wiretap order. They want to give us plenty dash, we tell them no. Le Bucheron/The Woodcutter by Franklin Boukaka. Id. [8] A King Pass All of Malimba and King William ofGrand Batan B King Bell of Douala and King Akwa of Douala. Our review of the record leaves us unconvinced that Bell did in fact receive adequate notice through these convoluted means. We need no Duty or Custom House in our country. [10], Manga Bell built a palace in the center of Douala, also known as the "Pagoda" due to its architectural style, completed in 1905. Nachtigal (1834-1885), who . The present fon of Bafut, Abumbi IIs official wife is from Menchum. 25 Africans and one German died during the fighting. We set it on fire. Therefore, we reverse Bell's conviction and remand for a new trial with instructions that Bell be given an adequate bill of particulars. PDF OL SW MOCK 2022 HISTORY 1-Copy - cameroongcerevision.com AfricAvenir/Exchange & Dialogue 2012. 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)). Speaking at his funeral, the governor said "Duala people, the roof under which Whites and Blacks mingled has collapsed". In the harbour and on the rivers, people and merchandise were transported on versatile dugout canoes. Here is the text of the pre-treaty. About half the trade with Kamerun was German-controlled. Negatively, it let to decline in population, the lost of healthy and productive population in the Douala kingdom. 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]. See State v. McGrath, 749 P.2d 631 (Utah 1988) (affirming the RICE conviction of an individual charged as a result of the same investigation that led to Bell's indictment); see also Bradford v. Moench, 670 F. Supp. Bradford v. Moench, 670 F. Supp. (Columbia University, 1987). He promised to make that land their new home. When King Pass All of the Limba ceded his territories to the French, British traders expressed the urgency of annexing the Duala territories to the Crown. This hero of Cameroonian resistance, passed away in 1916. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); This site uses Akismet to reduce spam. King Bell received 27,000 marks in exchange for signing the treaty, a very large sum at that time. Between 1872 and 1874 there was a conflict between the Akwa and Bell factions over an attempt by Bonapriso to secede to Akwa. 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. Their leaders, whom the Europeans called "kings", came from the two lineages of Bell and Akwa. Nkambe is not mentione in this writeup. He argues that the brief reply was not adequately detailed to put him on notice of the alleged factual basis for the element of an enterprise. See State v. Lafferty, 749 P.2d at 1247 n. 5. Fuh moved southwards to present day Bafut where they merged with some Widikum settlers of the other Bafut villages. Given our disposition of this appeal, we need not rule on Bell's claim. at Douala. . Business was suspended when World War I broke out in 1914, and after the war the plantations were taken over by the British colony of the Cameroons. 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. All Fons of Bafut located at Mambu-Bafut, continue to trace their origin to Ndiwung in Menchum. After breakfast, depart for Douala and upon arrival have lunch. 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. We emphasize that our holding does not rely on interpretation of the federal constitution. Ndumb'a Lobe of the Bell lineage propped himself up in the 19th century as King Bell. He was an astute politician and a highly successful businessman. The Atlantic Slave Trade had long been abolished, replaced by trade in palm oil and other produce, but the slave system had persisted internally and continued after the Germans took control. Racketeering activity is defined as any of a number of listed offenses, including the offense of which Bell was accused, trafficking in controlled substances. They supported the weaker King Bell to counter the powerful King Akwa. We have previously explained the need for similarly detailed findings in cases arising in various areas of the law. At first, they were supported in this enterprise by the governor Julius von Soden. 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. 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. 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. We first found that because of the nature of the error, it was difficult for this Court to determine from the record whether Knight might have been able to prepare a better defense and achieve a more favorable result at trial if the prosecution had not breached its discovery obligations. 76-10-1601 to -1609; Utah R.Civ.P. To learn more, please read the bookKuma Mbapp Bonabri 1884 Libert! [2] denied, ___ U.S. ___, 108 S. Ct. 777, 98 L. Ed. 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". Stat. Utah law does not support the majority's unsolicited innovation. (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. However, to some extent, the harm sought to be protected against by the due process clause of the fourteenth amendment is not present with RICE because the various types of "racketeering activity" that RICE punishes are already made criminal by other statutes which do not suffer from problems of vagueness. 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. Negotiations went on, and a peace treaty (i.e. In the early years of the 20th century, the firm expanded their production of cocoa, for which there was growing European demand, in competition with the Liverpool firms of John Holt and Ambas Bay. In State v. Fulton, 742 P.2d 1208 (Utah 1987), cert. The main Duala communities at the mouth of the Wouri River were Bell Town, with the subordinate Bonapriso to the south and Bonaberi in the opposite shore of the river, and Akwa Town with the subordinate Deido to the north.
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