232 F. 81 | 2d Cir. | 1916
(after stating the facts as above). The controlling question in this controversy is whether the defendant, with others, devised a scheme to defraud Margaret N. Huckill, and other persons, by obtaining money, and property, from them by false and fraudulent statements regarding the resources and management of the New York Central Realty Company. Was it their purpose to use dhe money so received from said persons for their own use and benefit ?
The scheme of the defendant Cooper, as charged, was that subsequent to 1905, acting with the other defendants, he issued mortgage bonds, secured by the real estate owned by the company, in sums greatly exceeding the value of the land covered by the mortgage and sold them to various parties by means of false statements as to their value, made through the mails and otherwise.
The government asserts that the bonds which the Realty Company put out and sold to the public with the representation that they were amply secured by the mortgage on the real estate were not so secured and that these representations of the defendant Cooper and of others connected with the company, express and implied, that the bonds were first class securities, were false and were made with intent to secure for his own benefit purchasers of securities the value of which was, to say the least, exceedingly doubtful.
“Tlie Court: Of course the United States attorney is presuming on the practice. I do hot know of any objection prior to this time; but you don’t have to admit it unless you want to and, therefore, he has to prove it.
“Mr. Conboy: My objection is, of course, to the request that we shall admit it.
“The Court: I do not see any objection to that because it seems to have been the course between you to make that request frequently, and in many cases it has been granted.
“Mr. Conboy: We except.
“The Court: However, in this case he will have to prove the signature before it is admitted. * * * I will say to the jury that there is no reason why you should admit it, if you don’t want to, it is entirely a voluntary admission.
“Mr. Conboy: My objection is to being requested. * * *
“The Court: There is a question, they do not admit it, and you will have to prove it.”
We cannot believe that this technical error, if it be one, produced the slightest injurious effect upon the jury. It seems to us that the contention that the defendant was prejudiced by what took place between court and counsel is too' visionary to be considered.
- The third indictment, found on February 4, 1914, is based upon section 37 of the Criminal Code, which makes it an offense’for two or more persons to conspire to commit an offense against the United States. It charges the defendants, and other persons unknown, with a conspiracy to devise a scheme to defraud similar to that charged in the other indictments.
•‘The overt' acts relied upon coming down to within three years of the indictment are alleged to have been done in pursuance of the conspiracy.”
The trial of this action occupied nearly 4 weeks; the printed record contains 1,788 pages, the charge covers 74 pages and the jury deliberated over 10 hours.
It is rarely the case that the record of a trial of such magnitude and importance does not show that events occurred and rulings were made which, in the light of deliberate examination, might better have been omitted. In the present case, however, there are few such instances. We cannot avoid the conclusion that the defendant has had a perfectly fair and impartial trial and that no error occurred which would justify a reversal of the judgment. The issue was one of fact and the jury were fully justified in rendering a verdict of guilty.
The judgment is affirmed.