253 F. 865 | 9th Cir. | 1918
(after stating the facts as above).
To the contention of the plaintiffs in error it is to be said, first, that the indictment goes further than to charge that'the scheme was only to obtain from each of the applicants the sum of $150 for the services of the defendants. It alleges further, as a portion of the scheme, that the defendants, upon receiving the applications, would-thereupon pretend to tender to the said defendant railroad company, on behalf of each of said victims, the sum of $2.50 per acre for said respective tracts of 160 acres each, so by the said victims and various other persons to be applied for. It does not follow, from this language of the indictment, that the tender" so contemplated was to be made with the funds of the defendants, and the demand upon the applicants to advance the money
It is clear, also, that the letters were admissible, for the statements they contain, aside from inducements to the applicants to advance the $2.50 per acre. Thus one of the letters states that the writers “have been told to file more applications as soon as possible, which we take to mean that they would wish to use up, or in other words get applications for, all of their land,” and states further, “There is not a claim we have filed on worth less than $5,000.” Another letter says: “We have been reliably informed that, before the 90 days is up, we will be notified to call for our deeds,” Another falsely states : “The government suit was only brought with the intention of compelling the R. R. Co. to sell the laud according to the terms of the grant.” Two other letters state: “We have been advised that it would be advisable for us to be prepared to get our deeds.” These statements all tend to prove the criminal conspiracy charged in the indictment, and they were admissible in evidence, notwithstanding the fact that before they were made the defendants had obtained from each of the applicants to whom they were addressed the sum of $150, in accordance with the general scheme.
We find no error. The judgment is affirmed.