220 F. 57 | 6th Cir. | 1915
(after stating the facts as above).
“Goldman had planned, devised, and intended that, when he should find a person * * * of the description indicated” in his advertisement, “he would agree and arrange with her in this: That she should devise ways and means through'pretended business engagements, and through ways to the grand jurors unknown, to meet and become acquainted with certain and divers persons, men, of reputed high financial and social standing and position, but whose names are to the grand jurors unknown. * * * ”
Counsel fail to discriminate between language employed to set forth Goldman’s.scheme and that used to describe the means he selected for its execution. Goldman’s scheme, as it is alleged, consisted' of a methodical course of procedure down to the very point of extorting money from his intended victims; and the woman was but an instrumentality designed to be used in ways pointed out in material part in the scheme itself, as well as through ways and means the woman herself should devise, to entice men to her room and into “compromising” positions for the purposes appearing in the statement. The scheme in part required the woman to become acquainted with men of “reputed high financial and social standing and position”; and to say it was essential to the completeness of the scheme that an agreement should first be made as to the names of men and the ways and means to be adopted to influence them as desired is to overlook the main features and ultimate purpose of the scheme, and to subordinate it to incidental conditions which plainly could arise only in the course of its execution.
We may here allude to a criticism of the indictment which counsel made in support of both the demurrer and the motion to quash. They contend:
“The vice of an indictment of this character arises from the attempt of the pleader to broaden the scope of the.statute by broadening his description of the scheme, so as to include therein uses of the mails which in their nature could not be acts done for the purpose of executing the scheme' to defraud, contemplated by the statute, although within the scheme as described by the pleading.”
This is either an assumption that the scheme alleged could not in the nature of things have been devised in advance of advertising for and receiving the letters, or it is a challenge of the right, as also of the duty, of a pleader to employ allegations according to his understanding of the facts. It certainly is conceivable that Goldman might have thought out and finished his scheme of extortion in advance of securing and setting in motion the instrumentalities, like the use of the mails, designed for its execution; and so counsel’s criticism should be addressed to the proofs and not the allegations. The demurrer and motion were rightly overruled.
The difficulty with this contention and theory is that they do not fit this case. The evidence shows that Goldman himself placed the original of the advertisement (set out in the-statement) in the office of the Cleveland Tribune with direction to publish it; and it is to be observed that the advertisement contained an express request to the class of persons addressed to write to him for a personal inter
The evidence tends to justify the course taken by the post office officials ; in. other words, it seems to have been an effort to detect, and not to induce commission of, a crime. In the interval between the publication of Goldman’s advertisement and the preparation of the letters, the inspector had been told of Goldman’s purposes. During
Further discussion is not necessary. We have considered all the assignments and found no reversible error.
The judgment is accordingly affirmed.