Feener v. United States

• Decision Date: 26 March 1918
• Docket Number: 1317.
• Citation: 249 F. 425
• Parties: FEENER et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — First Circuit

249 F. 425

FEENER et al. v. UNITED STATES.

No. 1317.

United States Court of Appeals, First Circuit.

March 26, 1918

E. Mark Sullivan, of Boston, Mass., for plaintiffs in error.

Thomas J. Boynton, U.S. Atty., of Boston, Mass. (Daniel A. Shea and Francis G. Goodale, Sp. Asst. U.S. Attys., both of Boston Mass., on the brief), for the United States.

Before DODGE, BINGHAM, and JOHNSON, Circuit Judges.

DODGE Circuit Judge.

The two plaintiffs in error, Ida M. Feener and her sister, Martha Bense, have been found guilty, in the District Court, under section 37 of the Criminal Code (Act March 4, 1909, c. 321 35 Stat. 1096 (Comp. St. 1916, Sec. 10201)) of conspiring to commit the offense against the United States denounced by section 29b of the Bankruptcy Act (Act July 1, 1898, c. 541 30 Stat. 554 (Comp. St. 1916, Sec. 9613)); i.e., that of concealment by a bankrupt of property belonging to his estate from his trustee in bankruptcy.

The indictment alleged the filing of a voluntary petition by the defendant Feener on January 20, 1915, her adjudication on the same day, and the qualification of trustees of her estate on February 17 and 18, 1915. The alleged date of the conspiracy charged was January 1, 1915. The offense contemplated was thus described:

'Which said offense was to be committed by said Ida M. Feener by knowingly and fraudulently concealing while a bankrupt from her trustee in bankruptcy thereafter to be chosen, appointed, and qualified in a voluntary proceeding thereafter to be begun by her, * * * certain property belonging to the estate in bankruptcy of said Ida; that is to say, jewelry and diamonds to the amount and value of $2,000, and automobiles, parts of automobiles, and accessories to automobiles, of the value in all of $5,000, a more particular description of said jewelry, diamonds, automobiles, parts of automobiles, and accessories being to the jurors unknown, in that they should agree to fraudulently represent to said trustees that said property was in fact the property of said Martha, whereas, in truth and in fact, as they at all of said times well knew, said property belonged to said Ida.'

There was uncontradicted evidence that at the alleged date of the offense there were three Packard automobiles and one detachable top formerly owned by the defendant Feener, and later taken over by the defendant Bense by a proceeding which, in form of law at least, was a foreclosure of a chattel mortgage thereon, which she claimed had been assigned to her by the defendant Feener.

There was also uncontradicted evidence that at said date there were four diamond rings and one pair of diamond earrings in the Collateral Loan Company's possession, having been previously hypothecated to it by the defendant Feener and for a long time in her possession.

The indictment was found by a grand jury convened in September 1916. There was also uncontradicted evidence that it was then known, and had for some time been known, to said trustees in bankruptcy and to persons in the United States Attorney's office, as to the above automobiles and top, that they were in the custody of a receiver appointed by a Massachusetts court in an equity suit (by or against whom does not appear from the bill of exceptions); also that the above diamond rings and pair of diamond earrings were in the Loan Company, having been there deposited by the defendant Feener long before her bankruptcy. The bill of exceptions states that there were no other automobiles, tops, or accessories, or jewelry, 'other than those referred to by...