United States v. Meltzer
Decision Date | 20 December 1938 |
Docket Number | No. 6694,6695.,6694 |
Citation | 100 F.2d 739 |
Parties | UNITED STATES v. MELTZER. SAME v. KLEIN. |
Court | U.S. Court of Appeals — Seventh Circuit |
Frank A. Darnieder and Jacob S. Rothstein, both of Milwaukee, Wis., for appellants.
B. J. Husting, U. S. Atty., and E. J. Koelzer, both of Milwaukee, Wis., for appellee.
Before EVANS, MAJOR, and TREANOR, Circuit Judges.
Defendants were indicted, tried, and convicted of "corruptly and by threats" endeavoring "to influence and intimidate * * * a witness who was then and there * * * appearing before a United States Commissioner," in proceedings then pending for the removal of two named individuals from Wisconsin to South Dakota.
Three individuals, Ray Trawczynski, E. W. Klein, and Sam Meltzer, were indicted in two counts, in one for intimidation of a witness, and in the other count, for endeavoring to obstruct the due administration of justice. 18 U.S.C.A. §§ 241, 245. The defendant Trawczynski pleaded guilty and testified for the Government. The jury found the other two, guilty on the first, and not guilty on the second count. Upon the pronouncement of sentences of imprisonment and fines, defendants each separately appealed.
Briefly, the Government's testimony tended to show that defendants were professional bondsmen. They had furnished bail bond for T in a prior removal proceeding, begun August 5 and dismissed September 9, for lack of evidence. T was rearrested and new removal proceedings begun in September. Defendants again signed his bail bond, this time without charge, inasmuch as he had paid them $200 for signing the earlier bond.
Klein and Meltzer became apprehensive, so they asserted, lest T would be removed, in which case they would have to furnish a second, a removal bond, for T's appearance in South Dakota. It was for this reason, they say, that they contacted one Mrs. Lage to ascertain whether her husband, an inmate of Leavenworth Penitentiary, was to testify against T on the removal hearings.
It is the Government's contention that Klein and Meltzer contacted Mrs. Lage for the purpose of unlawfully inducing her, through bribes, to persuade her husband not to testify; that they promised her $100 and her expenses if she would go to Winona, Minnesota (where Lage would be taken before coming to Milwaukee), and speak to her husband, advising him that he should refuse to testify for the Government to facts which would involve him in a crime. They offered to procure counsel for her husband for his protection, and she mentioned an attorney who had acted for her husband. Defendants saw him immediately and were told that a Government witness needed no counsel to represent him. The prosecution also produced witnesses, Mr. and Mrs. T., who testified that they paid money to "fix the case" and have it dismissed. The court ordered the testimony of T as to the payment of $1200 to "fix the case" stricken on defendants' motion. Thereby support for the charges made in the second count of the indictment failed. It was the Government, therefore, not the defendants, who suffered by this ruling.
Meltzer had signed criminal bail bonds in about 3,000 instances, and Klein, in about 30. Klein was in the furniture business and acted as bail bondsman at Meltzer's request, the latter being morally bound to reimburse him. Klein testified he did not know that he could have surrendered a principal of whom he had become apprehensive; Meltzer said he surrendered his principals only upon a finding of guilt and sentence, and that he kept a close eye on them and their cases.
At the meeting at Mrs. Lage's home, her brother-in-law, Oscar Ellefson, a telephone lineman, was present. He corroborated Mrs. Lage's testimony in all respects.
The evidence was sufficient to sustain a conviction.
The Government's proof was squarely denied by the defendants, however, and this situation necessitated a submission of the case to a jury under proper instructions. Defendants' assignments of errors are directed to rulings made during the trial, and are more particularly directed to the court's instructions. Several of these assignments are without merit and will not be discussed, but at least three of them raise questions which must be separately considered.
Defendants argue that inasmuch as they were acquitted on the second count, conviction on the first count can not be sustained because of inconsistency. This contention, we reject, first because there is no inconsistency where the offenses charged in the two counts of the indictment are defined as separate crimes by two separate sections of the statute. They are not similar. One may be guilty of obstructing justice, although he did not attempt to improperly influence a witness.
Moreover, even though there be apparent inconsistency in the verdict in a criminal case, it affords no valid ground for setting aside the verdict on the count whereof the accused was found guilty, provided there is substantial evidence to support the verdict. Dunn v. U. S., 284 U.S. 390, 52 S.Ct. 189, 76 L.Ed. 356, 80 A.L.R. 161; Carrignan v. U. S., 7 Cir., 290 F. 189; Nadl v. U. S., 7 Cir., 6 F.2d 574; Chiaravalloti v. U. S., 7 Cir., 60 F.2d 192; Davey v. U. S., 7 Cir., 208 F. 237.
More serious are the two assignments of error which deal with the instructions of the court to the jury. One such assigned error arose when an objection by defendants' counsel was made to the correctness of the Government counsel's statement of the evidence. The other occurred later in the instructions dealing (a) with the way one who has signed bail for another may relieve himself of his bail bond obligation, and (b) with the weight of testimony of witnesses unfamiliar with court proceedings and court atmosphere, as compared to the credibility of witnesses who are intimate with court room proceedings.
The record discloses the following proceedings during the argument of counsel to the jury. The Government's attorney was addressing the jury. He said, "What right did Meltzer have to go to see Mrs. Lage and say to her that her husband who was a government witness, that her husband should stand on his constitutional rights?"
Exceptions were duly taken to the court's observation.
Defendants also complain of the following instructions:
To continue reading
Request your trial-
United States v. General Motors Corporation
...two counts are inconsistent. See Dunn v. United States, 284 U.S. 390, 393, 52 S.Ct. 189, 76 L.Ed. 356, 80 A.L.R. 161; United States v. Meltzer, 7 Cir., 100 F.2d 739, 741. In fact we believe that the same rule is applicable, that consistency in a verdict is not required, and that the languag......
-
U.S. v. Lee, 72-1932
...389, 54 S.Ct. 223, 78 L.Ed. 381 (1934); Quercia v. United States, 289 U.S. 466, 53 S.Ct. 698, 77 L.Ed. 1321 (1933); United States v. Meltzer, 100 F.2d 739 (7th Cir. 1938) (reversing trial judge who gave his view that a government witness was entitled to credit because he did not frequent th......
-
Billeci v. United States
...153 U.S. 614, 14 S.Ct. 919, 38 L.Ed. 841; Hickory v. United States, 1896, 160 U.S. 408, 16 S.Ct. 327, 40 L.Ed. 474; United States v. Meltzer, 7 Cir., 1938, 100 F.2d 739, opinion by Judge Evans; United States v. Marzano, 2 Cir., 1945, 149 F.2d 923, opinion by Judge L. Hand; United States v. ......
-
U.S. v. Bowman
...v. United States, (149 F.2d 580 (10th Cir. 1945)); Samples v. United States, (121 F.2d 263 (5th Cir. 1941)); United States v. Meltzer, 100 F.2d 739 (7th Cir. 1938); Slade v. United States, 85 F.2d 786 (10th Cir. 1936); McCarthy v. Zerbst, 85 F.2d 640 (10th Cir. Govt. Br. 28-29. The above ca......