Schlatter

(after stating the facts as above). Substantially, then, the charge against the defendants is that, with the knowledge that they could accomplish no cures, and with the deliberate intention to defraud, they conspired together to contrive and consummate a scheme wherein and whereby, through the medium of alleged divine healing, they would obtain and convert to their own enrichment the money and property of such persons as might be sufficiently gullible as to be attracted by their specious and alluring promises of relief, all the while intending that such persons should receive no return for their money and property, save that comprehended in a dismal and costly experience. As a part and parcel of the scheme, and in furtherance thereof, it is alleged that they intended to, and actually did, make use of the mails of the United States. This, in my judgment, states a complete offense (Durland v. United States, 161 U. S. 306, 313 , 16 Sup. Ct. 508, 40 L. Ed. 709 ); and, if the proofs be made in adequate support of the allegations in the indictment, there is no doubt, in my mind, but that the defendants should suffer punishment therefor.

The point made in the brief of defendant’s…