Whitmore

The indictment in seventeen counts is under the mail fraud statute, 18 U.S.C.A. § 1341 , and charges the defendants Ralph Whitmore and Harold Cowan with devising a scheme to defraud and using the mails to perpetrate it.

In substance,, the indictment states that the defendants advertised over the network ■of certain radio stations throughout the United States and local radio stations and' newspapers in Los Angeles County, California, Christmas tree decorations, and ■ornaments for sale. The prospective customers were requested to send one dollar by mail to the radio station to which they were listening of mail directly to the defendants, who were doing business under the name of “Christmas Ornaments” and the firm name of “Cowan & Whitmore”, in exchange-for which they would receive, through the mail, Christmas tree decorations and ornaments of superlative quality.

The fraudulent character of the scheme is stated in this language: “Prior to November 21, 1950, and continuing to on or about December 25, 1950> the defendants Ralph Whitmore and Harold Cowan devised and intended to devise a scheme and .artifice to defraud purchasers and prospective purchasers of certain Christmas tree…