1. Conspiracy (§ 43*) — Indictment—Statutes—Overt Act.

Rev. St. § 5440 (U. S. Comp. St. 1901, p. 3676), provides that If two or more persons conspire either to commit any offense against the United States dr to defraud the United States in any manner or for any purpose, and one or more of them do any act to effect the object of the conspiracy, all shall be liable to a penalty and to imprisonment, etc. Held, that, while the conspiracy denounced by such section is not punishable until the commission of some overt act in pursuance thereof, the offense consists of the conspiracy alone, so that the validity of an indictment under such section must be tested by averments concerning the conspiracy unaided by those in respect to the overt acts committed thereunder.

[Ed. Note. — For other cases, see Conspiracy, Cent. Dig. §§ 89, 97; Dec. Dig. § 43.*]

2. Conspiracy (§ 43*) — Indictment— Subornation.

Ail indictment charged that defendants willfully, etc., conspired at a particular time and place within the district to suborn certain named persons at a stated time, before one alleged to be the duly appointed, qualified, and acting register of the land office at It., by applying' jrar-suant to Timber and Stone Act June 3, 1878, c. 151, 20 Stat. 8!) (U. S. Comp. St. 1903, p. 1545), for certain of the public lands of the United States by swearing to and filing with such land officer a statement required by the act and regulations of the Land Department alleging that the applicant did not apply to purchase for speculation but iu good faith and to appropriate to his own exclusive use and benefit, etc.; whereas, in truth the statement was willfully false and intended to We so by each of them, in that it was intended that each should have a distinct agreement with the defendants that the land should be for defendant’s benefit. Held, that the indictment was not fatally defective for failure to show that the jirecise piece or pieces of land to be acquired had been agreed on by the alleged conspirators at the- time the conspiracy was formed or for failure to allege the persons to be suborned or the particular time and place of such subornation, but that the indictment sufficiently stated the offense of conspiracy to defraud the United States denounced by Rev. St. § 5440 (U. S. Oomp. St. 1001, p. 3676).

[Ed. Note. — For other cases, see Conspiracy, Cent. Dig. § 97; Dec. Dig. § 43.*]

3. Conspiracy (§ 45*) — Evidence—Acts Subsequent to Combustion ov Conspiracy.

In a prosecution for conspiracy to defraud the United States by suborning certain named persons to commit perjury in making entries under Timber and Stone Act June 3, 1878, c. 151, 20 Stat. 89 (U. S. Comp. St. 3901, p. 1545), evidence of acts of the alleged perjurers committed long after they had sworn to and filed their statements, and that subsequent to such filing they had agreed with defendant D. for a money consideration to file a relinquishment of their applications at such a time as he could manage to take it np with script, together with a relinquishment so filed, was inadmissible to show motive.

[Ed. Note. — For other cases, see Conspiracy, Cent. Dig. §§ 100-104; Dec. Dig. § 45. *j

(filbert, Circuit Judge, dissenting.