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the District upon the verdict of a jury under an indictment. charging Everett Dufour, the appellant, Harvey M. Lewis, and James N. Huston with conspiracy to commit an offense against the United States, the offense being the devising of a scheme or artifice to defraud, under sec. 5480, U. S. Rev. Stat., U. S. Comp. Stat. 1901, p. 3696.

The indictment was returned January 3d, 1910, and, broadly speaking, charged Lewis, Dufour, and Huston with conspiracy in devising a scheme or artifice to defraud such persons, firms, and corporations as the conspirators might cause and induce to apply to them, or to the American Finance Company, or to the Enterprise Trust Company, or to the National Trust Company, corporations controlled by them, to have corporate stocks, bonds, and securities guaranteed.

On April 23d, 1910, appellant filed motions for severance and a speedy trial. These motions were supported by affidavits of himself and his counsel. These affidavits contained an allegation that appellant, through his counsel, had stated to the District Attorney "that he had no intention to demur to the indictment, or of entering any plea other than that of not guilty thereto." It further appears from these affidavits that appellant is a lawyer. On September 30, 1910, appellant again filed a motion, supported by affidavits of himself and counsel, for a speedy trial. Again in these affidavits was attention directed to statements theretofore made to the District Attorney to the effect that appellant "had no intention to demur to the indictment, or of entering any plea other than that of not guilty thereto." The case came on for trial in December following, the indictment not having been attacked in any way, and a verdict of guilty was returned against each of the three defendants. Thereupon appellant filed motions for arrest of judgment and for a new trial, which were denied, and the case brought here.

Mr. George E. Sullivan, Mr. J. W. Latimer, and Mr. H. W. Sohon for the appellant.

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Mr. Clarence R. Wilson, United States District Attorney, Mr. R. S. Huidekoper, Assistant, and Mr. C. H. Turner for the appellee.

Mr. Justice ROBв delivered the opinion of the Court:

We will first consider the motion in arrest of judgment. The grounds of this motion are that the indictment does not sufficiently describe the scheme to defraud; that it does not allege knowledge on the part of Dufour of the falsity of the representations of the other defendants; and that the indictment is insufficient to charge any offense against Dufour.

Every defendant, under our Constitution, is entitled to be advised of the charge he is to meet, that he may have a fair opportunity to prepare his defense, and that he may avail himself of a conviction or acquittal thereafter. Where, however, the sufficiency of an indictment is first challenged in a motion in arrest, no "defect or imperfection in matter of form only," not tending to the prejudice of the defendant, will be considered. Sec. 1025, U. S. Rev. Stat., U. S. Comp. Stat. 1901, p. 720. If, therefore, the indictment in this case charges an offense against the defendant, defects or imperfections in matter of form will not avail him unless it appears that he was prejudiced thereby. Connors v. United States, 158 U. S. 408, 39 L. ed. 1033, 15 Sup. Ct. Rep. 951; Rosen v. United States, 161 U. S. 29, 40 L. ed. 606, 16 Sup. Ct. Rep. 434, 480, 10 Am. Crim. Rep. 251. But before proceeding to an analysis of the indictment it is well to direct attention to the nature of the charge therein. The gist of the offense alleged against the persons accused is the conspiracy. The offense around which the conspiracy centered was the devising of a sheme or artifice to defraud by means of the Postoffice establisment of the United States, contrary to the provisions of sec. 5480, U. S. Rev. Stat., U. S. Comp. Stat. 1901, p. 3696.

In Williamson v. United States, 207 U. S. 425, 52 L. ed. 278, 28 Sup. Ct. Rep. 163, the court had under consideration. an indictment charging a conspiracy to commit the offense

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of subornation of perjury. It was there alleged that the indictment was fatally defective by reason of the omission therefrom of elements claimed to be essential to constitute the offense of perjury, and other elements necessary to be averred in espect to the alleged suborners. The court, after stating the contention, said: "This is based upon the assumption that an indictment alleging a conspiracy to suborn perjury must describe not only the conspiracy relied upon, but also must, with technical precision, state all the elements essential to the commission of the crimes of subornation of perjury, and perjury, which it is alleged is not done in the indictment under consideration. But in a charge of conspiracy the conspiracy is the gist of the crime, and certainty, to a common intent, sufficient to identify the offense which the defendants conspired to commit, is all that is requisite in stating the object of the conspiracy." the light of this ruling, we will now proceed to an analysis of the present indictment. It may be conceded at the outset that it contains much unnecessary detail, being more in the nature of a history of the alleged objectionable transactions than a concise statement of a criminal charge. But, even so, if it clearly charges that a conspiracy was entered into, and sufficiently identifies the offense which was the object of the conspiracy, the appellant can not now complain. As the first count of the indictment contains more unnecessary matter than the second, we will here confine ourselves to the second count. In that count it is alleged that Lewis, Dufour, and Huston, on the 2d day of January, 1908, in this District, "did then and there conspire, combine, confederate, and agree together to commit an act made an offense and crime by sec. 5480 of the Revised Statutes of the United States, as amended by act of Congress approved on the 2d day of March, in the year of our Lord one thousand eight hundred and eighty-nine, that is to say, the said defendants, the said Harvey M. Lewis, the said Everett Dufour, and the said James N. Huston, did conspire, combine, confederate, and agree together in devising and intending to devise a scheme and artifice to defraud such persons, firms, and corporations out of their money and property, whom they, the

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said Harvey M. Lewis, the said Everett Dufour, and the said James N. Huston, might cause and induce to apply to him the said Harvey M. Lewis, and to him the said James N. Huston, and to the American Finance Company, or to the Enterprise Trust Company, a body corporate, or to the National Trust Company of Washington, District of Columbia, a body corporate, to have corporate stocks, bonds, and securities guaranteed."

It is then averred that said scheme and artifice to defraud. was to be further carried out by Dufour representing himself under the firm and style of Everett Dufour & Company, to be engaged as a broker in making sales of stocks, bonds, and securities, and representing that he would sell corporate stocks and bonds guaranteed as to principal by a guaranty company, and soliciting such persons, firms, and corporations to have their stocks, bonds, and securities guaranteed, "and representing that the National Trust Company of Washington, District of Columbia, a body corporate, and the Enterprise Trust Company, a body corporate, were regular guaranty companies, and that, upon obtaining an agreement to guarantee the stocks, bonds, and securities of such persons, firms, and corporations last aforesaid, he, the said Everett Dufour, acting under the firm and style name of Everett Dufour & Company, would and could make sales of such stocks, bonds, and securities of such persons, firms, and corporations as last aforesaid."

It is then averred that said scheme and artifice to defraud. was to be further carried out by the defendants Lewis and Huston representing themselves to be officers and directors of the National Trust Company, incorporated under the laws of the District of Columbia, and of the Enterprise Trust Company, another corporation, and by the said Lewis representing himself to be the manager of said American Finance Company, and by said Lewis and Huston further fraudulently representing that said National Trust Company and said Enterprise Trust Company were authorized to guarantee stocks, bonds, and securities, and were corporations of such standing that such guaranty would add to the value of said stocks, bonds, and securities to be so guaranteed, and by said Lewis and Huston further fraud

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ulently representing that said National Trust Company and said Enterprise Trust Company were fully equipped to guarantee stocks, bonds, and securities, and by fraudulently representing that said guaranty would be of value; whereas, in truth and in fact, said National Trust Company was not authorized under its charter to guarantee or agree to guarantee stocks, bonds, and securities, and said National Trust Company and said Enterprise Trust Company were not corporations of such standing that such guaranty by them, or either of them, would or could add to the value of such stocks, bonds, and securities; that said companies were not corporations fully equipped to guarantee stocks, bonds, and securities, "all of which the said Harvey M. Lewis and the said James N. Huston then and there well knew."

Said Lewis, Huston, and Dufour, in further consummation of the conspiracy, it is averred, were to cause and induce such persons, firms, and corporations to pay to said National Trust Company and to said Enterprise Trust Company "a fee and money for the agreement to guarantee said stocks, bonds, and securities as last aforesaid, whereas in truth and in fact said agreement to guarantee when so obtained was not and would. not be of value to such persons, firms, and corporations last aforesaid, by reason of the premises aforesaid; but as part of said unlawful conspiracy as last aforesaid, the said Harvey M. Lewis, the said James N. Huston, and the said Everett Dufour were to fraudulently convert said fee and money paid by them the said persons, firms, and corporations as last aforesaid, to the use of them and each of them, the said Harvey M. Lewis, the said James N. Huston, and the said Everett Dufour, without giving anything of value therefor."

The manner in which the Postoffice establishment of the United States was used in furtherance of the illegal scheme and artifice to defraud is then set forth. It is not contended that the overt acts are not set forth in sufficient detail. The conspiracy is charged in concise and technical language. The general object of the conspiracy is alleged to have been a violation of sec. 5480, U. S. Rev. Stat. As that section does not

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