Huteson

To reverse the order discharging writ of habeas corpus and writ of certiorari in furtherance thereof, and holding petitioner for removal, the case is here on appeal.

The appellee relies upon the indictment and two witnesses to show probable cause. One witness stated he sold the land for the enterprise; that he saw petitioner about the place; and that at one time petitioner protested the refusal of the witness to sign a contract desired by a eodefendant. He also related conversation about the business as it was carried on. The other witness was the bookkeeper, who testified that she was instructed to deposit one half of the money, when division was made, to the credit of the petitioner, and the other half went to the other two defendants. The petitioner was about the business almost daily for five or six weeks.

The plan and scheme is a mail fraud charge. The petitioner’s evidence is to the effect that the eodefendants were in his employ in Toronto, Canada, and he found their conduct, etc., satisfactory; that they concluded to go to the United States to find some suitable place to secure land and to sell it in lots and blocks for profit. He agreed to lend them $2^000. They visited…