Farber

An indictment against Gus Farber, a diamond and jewelry merchant of San Francisco, charged in count one thereof that on or about February 21, 1939, he willfully, unlawfully, and knowingly acquired thirteen genuine $20 gold coins of the United States without a license in accordance with the President’s Order No. 6260, as amended, 12 U.S.C.A. § 95 note, 1 which Order was authorized by the Trading with the Enemy Act of 1917, 40 Stat. 411 , 415, as amended March 9, 1933, 12 U.S.C.A. § 95a. He was convicted and appeals to this Court.

The evidence is to the effect that a man named Posner, acting under instructions from a man named Anolik, contacted appellant sometime in September or October, 1938, and the matter of purchasing gold coins from appellant was discussed between them at the time. Operatives of the secret service of the Government had acquired some knowledge of the matter and informed Posner of this fact. Posner proceeded to negotiate with appellant relative to such purchase, keeping the operatives acquainted with its progress. The consummation of a purchase of thirteen gold coins was completed on or about February 21, 1939.

Appellant admits that he bought and sold the…