Ilseng

An indictment was returned September 29, 1937, charging Andrew G. Ilseng, hereinafter referred to as Ilseng Sr., Andrew Grant Ilseng, Jr., hereinafter referred to as Ilseng Jr., Leslie A. McKercher and four others with the violation of 18 U.S.C.A. § 338 , and 18 U.S.C.A. § 88 . The indictment charges these persons in 19 counts of using the mails in furtherance of a scheme to defraud, and 1 count (count 20) with conspiracy to accomplish their designs. Under appropriate stipulation the case was tried to the judge without the aid of a jury and resulted in the judgment of guilt and sentence against both the Ilsengs and McKercher on all counts except 9 and 16. The record is silent as to the court’s conclusions upon these two counts. These three persons were also found guilty under the conspiracy count and were sentenced thereunder.

Motions to dismiss the case as to each and every count and as to each and every defendant was made at the conclusion of the Government’s case upon the ground of insufficiency of the evidence. The motion was granted as to all but the three subsequently found guilty and as to them it was denied.

Ilseng Sr. was in active control of varrious mining…