Lewis v. United States

• Decision Date: 10 March 1926
• Docket Number: No. 4413-4415.,4413-4415.
• Citation: 11 F.2d 745
• Parties: LEWIS et al. v. UNITED STATES.
• Court: U.S. Court of Appeals — Sixth Circuit

11 F.2d 745 (1926)

LEWIS et al. v. UNITED STATES.

Nos. 4413-4415.

Circuit Court of Appeals, Sixth Circuit.

March 10, 1926.

Hubert O'Brien and John R. Watkins, both of Detroit, Mich., for plaintiffs in error.

Delos G. Smith, U. S. Atty., of Detroit, Mich.

Before DENISON, MACK, and MOORMAN, Circuit Judges.

PER CURIAM.

Plaintiffs in error seek to reverse a judgment of the District Court for the Eastern District of Michigan convicting them of conspiracy to violate the National Prohibition Act (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). Indicted with them were Ed Kellner and Max Kellner, who were never apprehended, and Alexander Clifford and John J. Dorrington, who were acquitted on the trial. The object of the conspiracy, as alleged, was to bring into the United States from the Dominion of Canada a large quantity of intoxicating liquor for beverage purposes. The means by which this was to be effected were set out in the indictment, as were several overt acts alleged to have been committed. The salient facts are:

Emond chartered in the name of Watkins the yacht Aladdin from Mrs. W. J. Sovereign, wife of the owner, for 30 days, with the privilege of purchasing it at the expiration of that period. The boat made two trips to Toronto, procured at one time 200 and another 450 cases of whisky, and transported it to a point opposite Ecorse, Mich., in the Detroit river — apparently on the Canadian side of the river — where it was met by small boats, which, as some of the testimony for the government shows, conveyed the liquor to the American side. An attempt to make the third trip was frustrated by the owner, who after the expiration of the lease began a search for and located the boat at Toronto, taking possession of it. Emond and Lewis were in charge of the boat when these trips were made. Watkins was never aboard it but once and it was not then engaged in the liquor traffic.

Watkins' connection with the conspiracy, as shown by the proof, was limited to the following circumstances: Emond was living in the family of Watkins, as if a son-in-law. The boat was chartered in Watkins' name, the Packard automobile, which Emond left with Mrs. Sovereign as security for its return, belonged to him, and he and Mrs. Watkins were seen aboard it prior to the first trip to Toronto. A telephone inquiry about the boat by one who gave his name as Alfred Watkins was put in evidence, but we think it was not admissible against Watkins, because there was no proof of his identity with the speaker. It does not appear that he knew his name had been used in chartering the boat, or that he had the remotest interest in it, and in our opinion the evidence was not sufficient to submit the case against him to the jury.

We cannot, however agree with the contention that there was a failure to prove a conspiracy as against Emond and Lewis. There was concededly no express agreement proved, but the admitted facts as to the leasing and operation of the boat clearly implied an agreement to do the things with which they were charged and which constituted conspiracy. Furthermore, there was ample evidence to support the averment that the object of the conspiracy was to bring liquor into the United States. It was not necessary to prove the accomplishment of the object, if it was shown, as alleged, that in the furtherance of it some one of the overt acts charged was committed by one of the conspirators. Hyde v. U. S., 32 S. Ct. 793, 225 U. S. 347, 56 L. Ed. 1114, Ann. Cas. 1914A, 614. There is abundant evidence of the commission of one or more of such acts.

Complaint is made of the...