Commonwealth v. Blood
| Decision Date | 07 May 1886 |
| Citation | 6 N.E. 769,141 Mass. 571 |
| Parties | COMMONWEALTH v. BLOOD and another. |
| Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
This was an indictment for obtaining money under false pretenses of one Francis M. Andrews, in two counts, describing the same offense, which by agreement were treated as one. The indictment alleged that Charles L. Blood and John H. Evans with intent to cheat and defraud, and with a view and intent to effect the sale to, one Francis M. Andrews, of his (Blood's) interest and share, to-wit, one-third of the business, books, medicines, remedies, and appliances of said business, rights to the offices, the furniture and fixtures therein, at said Boston, did then and there (1) unlawfully knowingly, and designedly falsely pretend and represent to said Andrews that a certain business in which said Blood and Evans and one Frank A. Waterman were then and there interested and engaged, and in which each had an interest and share, was a business of great value, profit, extent, and respectability; *** (2) that the pictures, prints engravings, and paintings there hanging upon the walls of said offices and rooms were the property then and there of them, said Blood, Evans, and Waterman, and belonged to said business; *** (3) that he, said Blood, then owned and controlled the secret formula by which said remedy (a pile remedy) was compounded, for the United States; that said remedy was perfectly safe and harmless in its application for said disease; *** (4) that said Evans was then and there a skillful physician in good and regular standing, and able and competent to apply said pile remedy, and to properly attend to and prescribe for any and every case of disease which might then and thereafter come into said office; *** (5) that one of said Blood's remedies and appliances, then and there called "an electric coil," was a complete and perfect battery, and had theretofore been duly patented by him, said Blood, and that such patent thereon was then and there duly owned by him, said Blood; (6) and that said coil had theretofore been sold by him, said Blood, in large quantities and at great profit; (7) that said coil was then and there having large sales, and was then and there the sole invention of him, said Blood; *** (8) that said Blood's one-third interest and share in said business in said Boston, in said books, medicines, remedies, appliances, and in the office and its furnishings there as aforesaid, was of the value of $2,575; that said Evans had theretofore paid $2,575 for one-third interest and share in the same, and they, said Blood and Evans, requested said Andrews to purchase from said Blood his (Blood's) interest in said business at said Boston, and to pay him, the said Blood, therefor the sum of $2,500, and said Andrews, believing the said false pretenses, etc., was induced by reason of the false pretenses, so made as aforesaid, to pay and deliver to said Blood, for said Blood's interest in said business, etc., the sum of $2,500. The defendant Blood made a motion to quash said indictment, because (1) neither of said counts set forth any offense whatever; (2) neither contained any false pretense within the statute; (3) because both counts were uncertain and insufficient. This motion was overruled. At the trial in the superior court, before MASON, J., Francis M. Andrews, a witness for the government, testified that in consequence of an advertisement in the Boston Morning Journal of October 29, 1881, which was as follows:
--And in consequence of a reply to his letter of inquiry, written by the defendant Evans, he went to the office, at 23 Winter street, Boston, in which the so-called business of selling the defendant Blood's medicines, books, appliances, etc., was then carried on by Waterman, Evans & Co., (the Waterman being Frank A. Waterman; Evans, the defendant Evans; and the company, said Blood;) that Evans said that Blood had 122 offices in other parts of the United States, from which he was receiving a large income; that Evans and Blood then and thereafter represented that the pile remedy, and certain electric coils owned and patented by Blood, were safe, harmless, and of great value, and produced a great income; that the furniture in the office on Winter street belonged to the firm, and showed a paper purporting to be a lease of the floor of four rooms to Waterman, Evans & Co.; that Evans said that he (Evans) and Waterman had paid $2,075 each for their interests, and they had furnished the office, and been working all summer to get the thing in order, and that made each interest $500 more; that Blood said that the pile remedy was a sure and certain cure; that Dr. Evans was able to use all of the remedies and treat all the cases that came in the office; that the electric coil was a perfect electric battery, was meeting with large sales, was patented, and that he (Blood) owned the patent; that on the thirtieth of November he called at said office, saw Blood, paid him the money as set forth in the indictment, which he counted and put in his pocket; that said Blood, in his first interview with him, told him that Evans and Waterman paid in $2,075 apiece; that now these men had been working all summer, and got it all ready, and each interest was worth $2,575, and each party was paying that sum; that afterwards, on November 30th, he (Blood) drew up a paper, setting forth that Messrs. Evans, Waterman, and Andrews were to have the exclusive control of the states of Massachusetts, Maine, New Hampshire, and Vermont for the sale of C.L. Blood's medicines, providing they used their best efforts to establish local agencies in the large cities and towns in the aforesaid states. This paper was signed by Evans, Waterman, Andrews, and Blood; the latter stating that he had a uniform paper for all his offices; that that was what it was. No other writing or bill of sale was given. Witness then testified, under objection of defendant Blood, that Evans said that they had laid out a good deal of money in furnishing the office. Witness then testified that he entered into possession, and went into the said office the following Monday; that in about two weeks Blood disappeared, and sent a letter to the firm, stating that he had been suddenly called to St. Louis, giving directions where, if they ordered books, they could get them. Witness then had a talk with Evans as to there being money paid for books, and testified that Evans said Blood was a queer man, and thereupon he (witness) began to look about the office, and found but two electric coils there that were not broken, did not see any pile remedy, and asked Dr. Evans where it was; and the latter said it never came, and never had been in the office; that he did not know how to treat the disease. Witness found that there were no goods, except a few books and about 30 inhalators, but they never sold them. Witness further testified that Dr. Blood came back to Boston in January, and witness talked with him about the electric coil, and asked if it was all complete. Blood said he had spent some money with electricians about it, and he had abandoned it.
The government produced Frank A. Waterman as a witness, who testified that he met Evans in Providence, Rhode Island, in consequence of an advertisement in the Providence Journal that Evans said he wanted a partner to buy an interest in a business proposed to be established in Boston for $2,000; that this business was selling medicine, remedies, appliances, books, electric coils, and numerous articles of Dr. Blood; that Dr. Blood had 122 offices; and that Evans made other statements to him similar to those made to Andrews. To this evidence Blood objected, but the court admitted the evidence as against Evans, stating that this transaction could not be evidence against Blood. Witness further testified that after other interviews he met said Blood with said Evans, also in Providence, and said Blood stated that every statement Evans had made was correct about the business to be established in Boston; that subsequently, about July 1st, witness came to Boston, and at the Crawford House paid $2,000 in money to said Blood for one-third interest in said business; that at...
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