Blair v. United States

• Decision Date: 19 February 1917
• Docket Number: 2688.
• Citation: 241 F. 217
• Parties: BLAIR et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Ninth Circuit

241 F. 217

BLAIR et al. v. UNITED STATES.

No. 2688.

United States Court of Appeals, Ninth Circuit.

February 19, 1917

[Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted] [Copyrighted Material Omitted]

Rehearing Denied March 19, 1917.

4. That the men whose names are mentioned in the indictment, concerning whom the defendants are alleged to have conspired in violation of sections 37 and 10 of the federal Penal Code, were not, nor was either or any of them, members of the reserve of the British army or navy.

'I.

5. That at all of the times herein mentioned A. Carnegie Ross was, and still is, his Britannic majesty's consul general at San Francisco, in the state and Northern district of California.

'II.

6. That at the outbreak of said above-mentioned war the said A. Carnegie Ross, consul general as aforesaid, acting for and on behalf of his majesty's government, did, on August 3, 1914, cause to be published in the two daily morning newspapers of general circulation and published in said city and county of San Francisco, to wit, 'the San Francisco Examiner' and 'the San Francisco Chronicle,' an advertisement, a copy of which is hereto attached and marked Exhibit A.

7. Also that a news item appeared in said papers at the same time, a copy of which is hereto attached and marked Exhibit B.

8. That a large number of people responded to said notices, only about 6 of whom were in fact reserves.

'III.

9. That likewise said A. Carnegie Ross did, during all the times intervening between August 1, 1914, and March 18, 1915, cause to be kept a book or register, upon which was entered the name and address of persons calling at the consulate to inquire concerning military service, which said book or register is hereby filed and made a part of this statement, and is hereby designated as Exhibit C hereto.

10. That said A. Carnegie Ross did, on or about March 15, 1915, procure the services of the defendants Ralph K. Blair and Thomas Addis, and also of one W. K. harris (not now in the United States), who, at San Francisco, in the state and Northern district of California, did the acts and things herein set forth as done by them.

11. That defendants Blair and Addis, and said Harris, on March 18, 1915, rented and furnished Room 59 of the Sherwood Building, at 21 Pine street, in the city and county of San Francisco, as an office, under the name of the 'British Friendly Association,' said furniture being rented from the Indianapolis Furniture Company.

12. That on May 27, 1915, said defendants Blair and Addis removed said office to 68 Fremont street, in said city and county of San Francisco, and returned said furniture.

13. That one W. K. Harris was in charge of said office until its removal aforesaid, after which defendant Ralph K. Blair was in charge thereof.

14. That letter heads were printed for the use of said British Friendly Association, and the same were used by said Harris to the knowledge of defendants Blair and Addis in its correspondence, and other business transactions, one of which said letter heads, together with one of the letters of said association, are hereto annexed and made a part hereof, and hereby designated as Exhibit D hereto.

15. That the British Friendly Association was an unincorporated concern, and was organized with the consent of the»above-named consul general, and was composed of the said two defendants Blair and Addis and said Harris.

16. That the expenses of said organization were paid from the funds of the British government through said consul general.

17. That said British Friendly Association had no other business, and was organized for no other purpose, than to facilitate the transportation to New York of British subjects, sound in body and limb.

18. That when said association opened its office at 21 Pine street, the said register above referred to was, by said consul general, to the knowledge of defendants Blair and Addis, temporarily intrusted to said W. K. Harris, accompanied by the following instructions, to wit: '(1) To send only British subjects who had military training. (2) To make no engagements of any description whatever. (3) To give no pay or advance. (4) To make no solicitation. (5) Not to send more than 50 men at a time. (6) To require such proof of British nationality as such men are usually able to give. (7) They were to give no information as to pay, allotments, etc. (8) The men were to be examined to see if they were physically suitable.' And said register continuously remained in the possession of said Harris until on or about May 27, 1915, when it was turned over by him to the defendant Blair, in whose possession said register remained until returned by said Blair to said consul general, and by him voluntarily offered for the purpose of this Agreed Statement of Facts. Said Harris left the state of California on May 27, 1915.

19. That said Harris, to the knowledge of defendants Blair and Addis, caused to be opened correspondence and communications with the parties named on said register.

20. That the said consul general, and the attaches of said consulate, referred inquiring individuals to the defendant Ralph K. Blair, giving them the street number of said British Friendly Association.

21. That there was printed for the use of said British Friendly Association, blank receipts in a form as follows:

23. That on May 18, 1915, the defendant Blair, with funds of the British government furnished through the consul general as aforesaid, purchased 12 tourist railroad tickets through the firm of Thos. Cook & Sons, a corporation, over the Southern Pacific Company and connecting railroads, with destination New York, paying therefor the sum of $775.20.

24. That on May 15, 1915, the defendant Blair, with funds of the British government furnished through the consul general as aforesaid, purchased 8 tourist railroad tickets through the firm of Thos. Cook & Sons, a corporation, over the Southern Pacific Company and connecting railroads, with destination New York, paying therefor the sum of $516.80.

25. That on June 8, 1915, the defendant Blair, with funds of the British government furnished through the consul general as aforesaid, purchased 30 tourist railroad tickets through the firm of Thos. Cook & Sons, a corporation, over the Southern Pacific Company and connecting railroads, with destination New York, paying therefor the sum of $1,938.00.

26. That on June 15, 1915, the defendant Blair, with funds of the British government furnished through the consul general as aforesaid, purchased 27 tourist railroad tickets through the firm of Thos. Cook & Sons, a corporation, over the Southern Pacific Company and connecting railroads, with destination New York, paying therefor the sum of $1,744.20.

27. That on June 15, 1915, the defendant Blair, with funds of the British government furnished through the consul general as aforesaid, purchased one first-class railroad ticket through the firm of Thos. Cook & Sons, a corporation, over the Southern Pacific Company and connecting railroads, with destination New York, paying therefor the sum of $76.60.

28. That on June 21, 1915, the defendant Blair, with funds of the British government furnished through the consul general as aforesaid, purchased 5 tourist railroad tickets through the firm of Thos. Cook & Sons, a corporation, over the Southern Pacific Company and connecting railroads, with destination New York, paying therefor the sum of $323.00.

29. That each of the above tickets was used in transporting men who claimed to be British subjects, and who claimed to have done service in time past in either the army or the navy of Great Britain, and who had stood a physical examination by the defendant Thomas Addis, a physician.

30. That some of said tickets were used in transporting to New York the men whose names are set forth in the indictment.

31. That the said British Friendly Association caused to be transported in the manner set out above 155 men.

32. That each of said men whose names are mentioned and set forth in the indictment, other than the defendants, signed a receipt, the originals of which are herewith annexed and collectively are designated as Exhibit E hereto.

33. That for (and not by) each of said men there was filled out one of said cards above set forth, which said cards for the parties named in the indictment are hereunto attached and designated as Exhibit F hereto.

34. That for the purpose of the orderly transportation of said men it was necessary to provide board and lodging for them, both pending physical examination and after examination and pending transportation; and such board and lodging was accordingly provided, and the expense thereof paid by the British government in the same way and manner as other expenses herein referred to were paid.

35. That for this purpose the defendant Blair, prior to the transportation of men named in the indictment, made a contract with a firm at 735 Harrison street, San Francisco, known as the Workingmen's Aid, in charge of a man named Henry Smith, to board and lodge men at the rate of $3.50 per week.

36. Defendant H. C. Lane, claiming to act for and on behalf of defendant Blair, also made arrangements with a Mrs. Lee of 735a Harrison street, San Francisco, to lodge men-- as many as 20 or 25 at a time-- at $1.25 each per week.

37. That some of the men named in the indictment boarded and lodged at these places, and the expense was paid by the British government in the same way and manner as other expenses herein referred to were paid.

38. That an unknown person at certain times stood near the entrance of 68 Fremont street, in the city and county of San Francisco, and instructed applicants as to the necessary requirements before they could...