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VAN RIPER v. UNITED STATES

Nos. 401-403, 405, 406.

13 F.2d 961 (1926)

VAN RIPER et al. v. UNITED STATES, and four other cases.

Circuit Court of Appeals, Second Circuit.

July 27, 1926.

Attorney(s) appearing for the Case

Joseph F. Kroppy, of New York City, for plaintiff in error Hedrick.

Alexander T. Hussey, of New York City, for plaintiffs in error Sweet and Ish.

Patrick J. Dowd, of Waltham, Mass., John P. Feeney, of Boston, Mass., and Thomas H. Mahoney, of New York City, for plaintiffs in error Maloney and McCluskey.

Andrew Foulds, Jr., of New York City, for plaintiff in error L. C. Van Riper.

Harlah E. Cecil, of New York City, for plaintiff in error C. E. Van Riper.

Alexander Ackerson, of New York City, pro se.

Guido Pantaleoni, Jr., of New York City, for the United States.

Before MANTON, HAND, and MACK, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

We can see no reason to say that there were involved in this case two separate schemes to defraud. Such a scheme, when shared among several, becomes a conspiracy, so that in fact the conspiracy count adds nothing of substance to the charge, except as it relieves the prosecution of the necessity of showing the connection of all the defendants to be charged at the date of the posting of the letters laid in the...

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