York

[1] The plaintiffs in error will be named herein defendants, as they were in the court below. They were convicted under an indictment charging them with a conspiracy to pass counterfeit $5 gold pieces. They assign error to certain remarks of the trial court made under the following circumstances:

Moffitt, a witness for the government, testified that he had a conversation with the brother of the defendant York, in which he stated that he believed that the defendant York knew more about these counterfeit coins than he said he knew, and he asked York’s brother to communicate with York and ask him if lie would not give information to clear up the matter. It appeared that a letter was written by the brother, and answered by the defendant York. Counsel for the defendants twice endeavored to introduce the letter of the defendant York in evidence. The court excluded it, on the ground that it was not proper evidence, and that it was self-serving. When a third attempt was made, the court said:

To which counsel for defendants replied:

And York was thereupon put upon the stand. No objection was made to the remark of the court, no instruction was asked in regard to it, and no exception of…