In Error to the District Court of the United States for the District of Idaho.

The plaintiff in error in Ibis case was indicted in the District Court of the United States for tlie Northern Division of tlie District of Idaho for subornation of perjury in proceedings relating to the entry of public lands under the timber and stone act (Act .Tune 3, 1878, c. 151, 20 Stat. 89 [U. S. Comp. St. 1901. p. 15151). The indictment contains six counts. The first three charge the defendant with suborning an entry-man to swear falsely in his sworn statement or preliminary affidavit that he was applying to purchase the lands referred to therein in good faith for his own use and benefit, and that he had not made any contract or agreement by which the title lie might acquire thereto would inure to the benefit of any other person. The counts differ only as to the name of the entrymau. Tlie first count referring to Hiram E. Lewis, the second to Charles Carey, and the third to Guy L. Wilson. The last three counts each charged the defendant with suborning one of the three entry-men referred io in the first three counts to swear falsely in his final proofs that he had not made any contract by which tlie title to the land he was applying to purchase would inure to tlie benefit of any other person except himself; that he was making the entry in good faith for his own use and benefit, and not for the use or benefit of any other person; that no other person, firm, or corporation had any interest in the said entry, in the lands, or the timber thereon.

Tlie case was tried at the October term, 1906, of tlie District Court for the Northern Division held at Moscow, and on November 21, 1006, tlie plaintiff in error was found guilty on all but the second count, which was withdrawn from the consideration of tlie jury by the United States attorney. Judgment was entered upon the verdict at the May term of the Northern division at Moscow on June 17, 1907. The judgment was general in its nature, reciting that, the defendant having been convicted of the crime of subornation of perjury, ho should pay a line of $500 and costs and be imprisoned in the penitentiary for 18 months. Notice of intention to move for a new trial was served and filed June 33, 1907, while the court was in session at Moscow. On September S, 1907, the time in which to file bill of exceptions and affidavits on motion for a new trial was by order of the judge of the court extended to November .1, 1907, and pursuant to stipulation of counsel the judge on November 2, 1907, ordered the United States to have until December 2, 1907, in which to propose and serve amendments to defendant’s proposed bill of exceptions. The bill of exceptions was settled and allowed by the judge of the court, and made a record in ihe cause; on December 12, 3907.

The motion for a now trial was presented to Judge Dietrich at Boise City on December 13, 1907, at which time the District Court for tlie Central Division was in session and tlie District Court for the. Northern Division had adjourned. Judge Dietrich declined to entertain or pass upon said motion or give consideration to any of the errors alleged to liavo been committed in tlie trial of said case, or any alleged errors set; forth in the bill of exceptions filed in the case, or make any other or further order relative to said motion; said action being taken solely for the reason that in the opinion of said judge the motion was presented to him at chambers, that for that reason he was without authority or power to act. The judge was in fact holding the District Court for the District of Idaho, but he was holding the court in the Central division, and not in the Northern division, where this case was tried, and the judgment entered against the plaintiff in error. The action of the court in declining to entertain or pass upon the motion of defendant for a new trial was made the subject of a supplemental bill of exceptions signed December 14, 1907. The case is here upon writ of error.