Crane v. United States

• Decision Date: 07 July 1919
• Docket Number: 3255.
• Citation: 259 F. 480
• Parties: CRANE v. UNITED STATES. [1]
• Court: U.S. Court of Appeals — Ninth Circuit

259 F. 480

CRANE v. UNITED STATES. ^[1]

No. 3255.

United States Court of Appeals, Ninth Circuit.

July 7, 1919

The defendant was indicted under section 215 of the Criminal Code of the United States (Act March 4, 1909, c. 321, 35 Stat 1130 (Comp. St. Sec. 10385)), and convicted under 15 of 20 counts for having devised a scheme and artifice to defraud and to obtain money and property by means of certain false pretenses, representations, and promises, and by means of hypocritical doctrines written and advocated by him, and of using the mails of the United States in carrying out the scheme charged. It is alleged that Crane is the author of books and other kinds of literature and letters and advertising matter in which he attributes all human suffering, physical or mental, to certain mysterious influences, and that when such influences become operative the person affected thereby becomes the servant and tool of the influences, and that the very soul of the person affected becomes tained; that said 'influences are worse than any physical snakes. Their venom is poison to your career and opportunities, as well as to your physical life and to your very soul;' that when the influences make their attacks nothing can save the victim except the 'Christ power'; that purity, prayer, and fasting or high resolves are useless, and for the victim to reject the help held out by Arthur Crane to save the victim from the dangers resulting from the influences would equal a refusal to wear a pair of strong boots if one were walking in jungle grass full of deadly snakes. It is alleged that Crane represented that he possessed supernatural powers, with the power to save the victims from the influences. The literature is alleged to set forth that Crane could be called upon by night or day by any one desiring treatment and that the method of treatment was as follows: The party being treated by Crane should relax breathe deeply, and with every outgoing breath say that he is unloading all his care upon Arthur Crane; that the party receiving treatment is to take the position that he is breathing out all of his own opinions, desires, and all of his knowledge and possessions, that he knows nothing, owns nothing, wants nothing and believes nothing; that the party receiving the treatment is not to resist any unpleasant or evil thought that comes to him, but is to let the said Crane do all of the resisting for him, and that he is to consciously know that he is calling Crane and breathing in his alleged perfect vitality and harmony. It is charged that it was represented by Crane that before relaxing the party receiving the treatment is to write to Arthur Crane and tell him the time which he desires for his treatment; that when treatment is given the party receiving it must accept such treatment freely and with the idea of being benefited without rendering any return to Crane; that Crane represented that he transmits the 'Christ power,' and administered for good and not for profit from the sale of his books. All the pretensions and representations are negatived.

Letters written by Crane are set forth in the indictment as having been mailed through the post-office establishment with the purpose of carrying out the scheme. In one of the letters Crane wrote to a man in Kansas City, Mo., that he has answered all of the 'problems' in the new $2 edition of The Great Exorcism, Crane's book, and that it contains, 'among other good things,' 'All Mysteries,' 'The New Philosophy,' 'Light on the Path,' 'The Song of Life,' 'Christ of the Cosmos,' 'Answers to All Your Problems,' 'The Life of the I Am,' etc., together with instructions for healing and relaxing, and letters 'from those who have been healed. ' The letter tells the person that the book is well worth $5, and continues: 'So if you will send me $1 towards its price I will give you credit for the $1 you sent before, and mail you the $2 book complete. Because I have answered your particular problems in this edition, I feel it is absolutely vital to you to have a copy. Send the $1 in the inclosed envelope at my risk. ' Other letters are generally similar. Some refer to money to be sent for treatment as not Crane's money, but must be sent as a gift for his aid in casting out 'influences.'

J. J. Dunne, of San Francisco, Cal., for plaintiff in error.

Annette Abbott Adams, U.S. Atty., of San Francisco, Cal.

Before GILBERT, ROSS, and HUNT, Circuit Judges.

HUNT Circuit Judge (after stating the facts as above).

The errors assigned may be grouped as follows: (1) Overruling objections to the indictment; (2) denial of a bill of particulars; (3) insufficiency of the evidence to justify the verdict; (4) admission of certain testimony; (5) certain instructions given, and refusal to give certain requests.

It is said that the indictment alleges no facts showing fraud. But it clearly alleges a scheme to defraud people by means of the misrepresentations fully set forth. It also charges that the representations made were false and known to be false, and that the powers which Crane claimed to be able to exercise were not possessed by him, and that his acts and pretenses were fraudulently conceived, and were done with the purpose of defrauding.

The charge was not one where defendant had a right to a bill of particulars. The indictment was plain, and fairly gave defendant information of...