Hughes v. People

• Decision Date: 06 December 1906
• Citation: 79 N.E. 137,223 Ill. 417
• Parties: HUGHES v. PEOPLE.
• Court: Illinois Supreme Court

223 Ill. 417

79 N.E. 137

HUGHES

v.PEOPLE.

Supreme Court of Illinois.

Oct. 23, 1906.

Rehearing Denied Dec. 6, 1906.

Error to Criminal Court, Cook County; George A. Dupuy, Judge.

Edgar C. Hughes was convicted of obtaining a check for $200 by means of the confidence game, and he brings error. Affirmed.

John E. W. Wayman, for plaintiff in error.

W. H. Stead, Atty. Gen., and John J. Healy, State's Atty. (Fletcher Dobyns, of counsel), for the People.

HAND, J.

At the January term, 1906, the grand jury of Cook county, returned an indictment into the criminal court of said county against Edgar C. Hughes, L. D. Abbott, A. M. Reed, and C. E. Powers, charging them with obtaining from Walter Foster a check for the sum of $200 by means and by use of the confidence game, in violation of section 98 of the Criminal Code (Hurd's Rev. St. 1905, p. 692, c. 38) which reads as follows: ‘Every person who shall obtain, or attempt to obtain, from any other person or persons, any money or property, by means or by use of any false or bogus checks, or by any other means, instrument or device, commonly called the confidence game, shall be imprisoned in the penitentiary not less than one year nor more than ten years.’ C. E. Powers was not arrested, a nolle prosequi was entered as to A. M. Reed, L. D. Abbott was acquitted, and Edgar C. Hughes was found guilty by the jury and was sentenced by the court to the penitentiary, and he has prosecuted a writ of error from this court to the criminal court of Cook county to reverse said judgment of conviction.

It appears from the record: That the firm of L. D. Abbott & Co., of which the plaintiff in error was a member, on June 4, 1905, caused to be published in the Chicago Tribune the following notice: ‘Office man for manufacturing company as city manager; salary and commissions; will net $3,000 a year; $200 cash bond and references required. Address E-364 Tribune office.’ That Walter Foster, who resided in the state of Michigan, saw said notice and replied thereto by mail, whereupon he received an answer to his reply, written upon the letter head of L. D. Abbott & Co., inviting him to call at the office of L. D. Abbott & Co. in the city of Chicago. That there was printed upon said letter head a statement that L. D. Abbott & Co. were engaged in manufacturing corsets, petticoats, and dress skirts, and that said firm had a capital of $100,000 and a surplus of $60,000. That Foster called at 381 Wabash avenue, in the city of Chicago, where he first met Powers, and subsequently Hughes. That Powers and Hughes were in charge of the office, and represented to Foster that L. D. Abbott & Co. were manufacturing corsets, petticoats, and dress skirts; that they were interested in the Reliance Corset Company, of Jackson, Mich.; that they had another factory in the southern part of the city, on Forty-Seventh street; and that they were installing machinery at 381 Wabash avenue to get out rush orders. They also showed to Foster samples of English woolen, and informed him they had bought the entire output of an English mill for a year; that they had numerous persons in their employ taking orders for corsets, petticoats, and dress skirts; and that some of the women in their employ selling these articles were making from $200 to $250 per month-and proposed to employ Foster as manager at a salary of $100 per month, and to pay him a 5 per cent. commission on all goods sold by agents appointed by him, and to allow him $18 per week for traveling expenses, and he was to have charge of their business in the state of Pennsylvania, which they represented to him they were just establishing. They also agreed to furnish him transportation to Pittsburg. As a prerequisite to said employment they required Foster to make a cash deposit with L. D. Abbott & Co. of $200, to secure L. D. Abbot & Co. against loss upon moneys or property belonging to said firm, intrusted to Foster as the representative of said firm. After several days' negotiations a contract was executed between Foster and L. D. Abbott & Co., and Foster delivered to Hughes a check for $200, which check was subsequently collected by L. D. Abbott & Co. After Foster had executed the contract and delivered said check to L. D. Abbott & Co., said firm, through Hughes, refused to furnish Foster transportation to Pittsburg. Foster, however, went to Pittsburg, rented an office, and advertised for business. The business of Foster was to appoint district representatives and canvassers for L. D. Abbott & Co. He appointed three district representatives and a number of canvassers. He soon, however, became satisfied the business of L. D. Abbott & Co. was not legitimate, and returned to Chicago, and called upon L. D. Abbott & Co., and sought to cancel his contract of employment, and requested that L. D. Abbott & Co. return to him the cash deposit of $200 made with said firm, and he would return to the district representatives and canvassers appointed by him in Pennsylvania the amount of money...