United States v. Staples

• Decision Date: 02 December 1890
• Citation: 45 F. 195
• Parties: UNITED STATES v. STAPLES.
• Court: U.S. District Court — Western District of Michigan

45 F. 195

UNITED STATES v. STAPLES.

United States District Court, W.D. Michigan, Southern Division.

December 2, 1890

L. G Palmer, U.S. Atty, and F. W. Stevens, Asst. U.S. Atty.

Fred A Maynard, for defendant.

SEVERENS J., (charging jury.)

The indictment in this case consists of three counts, charging three separate and distinct offenses; and it is competent, in such a case, for a jury, if they find any of the counts proven beyond a reasonable doubt, to find the accused person guilty upon such count, naming it; and, if they find the respondent to be not guilty upon other counts, to render a verdict accordingly.The verdict must respond to all the issues in the case; and it may happen in any such case that one count may be established by evidence and others not.In such a case, the verdict must indicate what the fact, as found by the jury, is.In the present case, the first count in the indictment charges substantially, laying aside all mere verbiage, that the defendant, having formed a scheme to defraud, used the United States mail facilities for the purpose of carrying that scheme into effect.In substance that is the nature of the charge made in the first count.The particular plan or scheme that it is alleged in this count of the indictment he formed, and in pursuance of which he employed the United States mails, was to represent to the public that he had for sale, and would sell to them, a grade of wheat known as 'Everett's High Grade Wheat.'In that count it is charged that his scheme or purpose or plan was to defraud any and all persons who should apply to him for this seed wheat of their money.Now, I wish the jury to understand in what way this purpose or intention to defraud enters into a charge of such a character as this, in an indictment which is subject to trial in the United States courts.We do not have jurisdiction here, and cannot try the criminal charge ordinarily known as obtaining property by false pretenses.We have no authority to try any such matters as this.Those come within the jurisdiction of common-law offenses.But, incidentally, that matter becomes involved in the inquiry here.The gist of the offense which we have to try is the using of the mails of the United States for an unlawful purpose; that is, for the purpose of carrying into effect a scheme to defraud.A scheme to defraud, carried out by other means than the United States mails, would be subject to the cognizance of the state courts; but the federal courts have jurisdiction only where the mails are being used for the purpose of carrying it out, and it is the use of the mails in the furtherance of an unlawful purpose that becomes the offense of which we take cognizance.Incidentally we have to inquire whether the scheme itself was fraudulent, although it is not the specific offense which we are to try.It is necessary for the government, upon this first count in the indictment, to show that the respondent formed in his mind a purpose, a plan, a scheme, to defraud the public with whom he should come into communication, each and every one, by means of the execution of his scheme, by not furnishing the wheat according to the promises held out in his prospectus or circular, upon receipt of the proper sum therefor from his several customers.It might have been sufficient to have alleged, if the case were a proper one to come within the law, that the respondent formed a purpose of defrauding some of the persons with whom he should come into communication but the indictment alleges that the intent was to defraud everybody, substantially, with whom he should come into communication through the mails of the United States, by not furnishing them with the wheat he promised in his circular that he would furnish.Now, upon this first count, in order to convict the respondent, it is necessary for the government to have established by the proof beyond all reasonable doubt that the respondent formed this purpose to defraud everybody who should come into communication with him through the mails out of their money by not sending them the wheat he represented he would send during the time covered by this count in the indictment,-- a period of six months in 1889.No question is raised, as the court...