hyde argued may decided june worthington petitioners solicitor general lehmann respondent justice mckenna delivered opinion writ brings review judgment appeals district columbia affirming conviction petitioners crime conspiracy main question case jurisdiction district columbia trial conviction depending upon place conspiracy formed overt acts done effect purpose indictment charges fundamental element question proceeding consider indictment may well state laws conditions conspiracy charged indictment relates acts congress dated respectively march stat chap february stat chap california oregon granted purpose public schools sections township certain exceptions unimportant mention authorized sale land granted per acre california limiting right chase one person land suitable cultivation acres limitation oregon acres required applicants citizens purchases benefit statement applicant made contract sale disposition lands applied subsequent grants prior year lands taken settlers taken mountainous regions regarded valueless act congress approved march stat chap comp stat president authorized create forest reservations subsequent act stat chap comp stat provided cases tract covered unperfected bona fide claim patent included within limits public forest reservation settler owner thereof may desires relinquish tract government may select lieu thereof tract vacant land open settlement exceeding area tract covered claim patent charge indictment defendants case conspired use privilege act fraudulently acquiring school sections california oregon conspired corrupt use officers general land office washington make facilitate selection exchange sections lands thereby defraud allegations omitting repetitions redundancies follows frederick hyde john benson engaged october february city san francisco state california business obtaining appropriating manner hereinafter set forth possession use title public lands outside forest reserves established laws exchange lieu lands lying within reserves known school lands obtained california oregon manner hereinafter set forth henry dimond joost schneider said periods employees hyde benson matter business dimond agent attorney schneider agent woodford harlan william valk period employees holding official positions general land office city washington district columbia paid salaries respectively charged duties pertaining disposal public lands lying outside forest reserves established laws open selection said laws exchange lieu lands within reserves benjamin allen period employee forest superintendent grant taggart forest supervisor hyde benson dimond schneider period wit day december washington district columbia unlawfully conspire combine confederate together persons unknown defraud possession use title divers tracts public lands open opened selection lieu lands within forest reserves established established california oregon means false fraudulent practices whereby hyde benson obtain fraudulently title possession school lands within limits reserves open purchase residents thereof citizens declared intention become laws thereof quantities resident exceeding acres california acres oregon upon appropriate application supported affidavit showing qualifications make purchase amongst things said period required laws said intention purchase good faith benefit made contract agreement sell applications made names fictitious persons names persons really desiring qualified purchase said lands use mentioned names purpose hyde benson procure paying causing paid persons small sums money falsely representing causing represented merely disposing rights purchase school lands proposed use fictitious affidavits set considerable length names used purpose charged obtain lands according conspiracy detailed obtain title intention disposing general public defraud profit gain use hyde benson said period induce procure take advantage fact induced procured said woodford harlan william valk paying respectively divers sums money purpose corruptly furnish information concerning status general land office matters pertaining said business especially false fraudulent selections expedite contrary duty matters pending land office pertaining business examination selections made made hyde benson securing approval thereof advance otherwise favoring assisting hyde benson fraudulent practices charge dwelt upon length charged besides allen forest superintendent taggart forest supervisor corrupted whereby give advice information including including lands within forest reserve interest hyde benson hyde benson dimond schneider part conspiracy secure means detailed means numerous diverse described establishment forest reserves california oregon localities best effect object conspiracy reason fact large quantities school lands localities still undisposed open purchase said respectively dimond money valuable considerations paid hyde benson attorney aid assist hyde benson business appearing behalf appropriate officers department interior general land office time time urge speedy action officers upon matters pending pertaining said business said business manner hereinafter shown dimond knowing full well fraudulent character business schneider capacity employee hyde benson aid assist obtaining california oregon fictitious affidavits affidavits persons permit use names stated knowing assisting fraudulent character applications purpose affidavits used indictment contains description lands object conspiracy secure amounting acres acres selected name clarke lands forest reserves lately established laws december dimond entered appearance general land office attorney clarke counts indictment numbering substantially alike general allegations differing incidents charge first count conspiracy formed washington parties purpose executed way regard lands various districts respective pursuance conspiracy certain overt acts done overt acts charged consisted filing general land office dimond attorney hyde appearance different selection cases urges sets forth reasons favoring speedy action counts inclusive overt act charged payment money benson either valk harlan alleged indictment salaried officials general land office charged duties pertaining exchange lands private claim ownership included forest reserve public land two overt acts charged hyde one committed july causing transmitted mail land office vancouver commissioner general land office washington written notification commissioner signed hyde clarke latter uppealed secretary interior certain decision commissioner assignment errors second hyde march caused presented hand dimond paper signed hyde notifying commissioner one kieffer authorized appointed hyde agent post notices ground described certain application make affidavit posting shortly indictment found removal proceedings instituted hyde dimond commissioner california taking testimony ordered removal circuit denied writs habeas corpus certiorari action affirmed hyde shine ed sup demurrer indictment overruled ruling upon affirmed appeals district app motions require government elect counts proceed filed also motions bill particulars latter granted bill particulars filed former overruled pleas abatement filed demurrers sustained finally defendants arraigned pleas guilty made case proceeded trial benson dimond acquitted hyde schneider convicted counts except abandoned government hyde sentenced two years imprisonment pay fine schneider sentenced imprisonment one year two months pay fine conviction sentence affirmed appeals app case certiorari attorney general assented granting writ saying determination case depends upon principles law governing conspiracy view decisions lower courts numerous prosecutions conspiracy statute vital importance well citizens principles definitely settled petitioners asked review case purpose decide certain questions law characterized fundamental one counsel says granting writ took case remaining one effect overt act giving jurisdiction indictment conspiracy comp stat effect overt acts accused depriving petitioners benefit statute limitations questions arising conduct trial upon separate briefs filed postpone consideration important questions induced certiorari discussed first overt acts giving jurisdiction observed indictment charges conspiracy formed district columbia certain overt acts performed others california question arose termination trial case submitted jury whether charge indictment sustained defendants moved take case jury evidence support allegation defendants conspired within district columbia denied motion said passing claimed part government defendants conspired within district sense overt acts committed contention said overt act committed defendants thereby conspired understanding contentions proof expressed views follows defendants got together california planned defraud lands means charged indictment pursuance plan sent dimond get titles government acting within district columbia much come done thing subsequently attorney assented proposition government prevail except theory sufficient show overt act district columbia said theory wrong course failed question therefore presented venue conspiracy cases whether must place conspiracy entered whether may place overt act performed amendment constitution requiring criminal prosecutions wherein crime shall committed crime conspiracy defined revised statutes follows two persons conspire either commit offense defraud manner purpose one parties act effect object conspiracy parties conspiracy shall liable penalty ten thousand dollars imprisonment two years fine imprisonment discretion contended defendants union unlawful crime requirement overt act give offense criminal quality intent provision statute regard act merely affords opportunity withdraw design without incurring criminality called cases locus penitentice following among cases cited support view britton ed sup pettibone ed sup dealy ed sup crim bannon ed sup crim opinion case ed sup must conceded outset language cases considered justifies contention based upon britton instance language case resorted genesis doctrine makes strongest contention justice woods speaking said offense charged counts indictment conspiracy offense consist conspiracy acts done effect object conspiracy conspiracy alone provision statute must act done effect object conspiracy merely affords locus penitentioe act done either one parties may abandon design thus avoid penalty prescribed statute follows rule criminal pleading indictment conspiracy conspiracy must sufficiently charged aided averments acts done one conspirators furtherance object conspiracy reg king com shedd cush case followed pettibone effect conspiracy must sufficiently charged aided averments acts done one conspirators furthering object conspiracy dealy said gist offense conspiracy hence conspiracy entered within limits jurisdiction crime complete subsequent overt acts pursuance thereof may done anywhere indeed must said cases abound statements conspiracy offense realize strength argument based upon think argument insists exactly ancient law conspiracy give effect change made supra true unlawful said crime common law necessay aver prove overt act gone beyond rigid abstraction prescribes necessary offense unlawful conspiracy one parties must effect object provides act done parties conspiracy become liable interpreting provision decided hyde shine ed sup overt act necessary complete offense said hirsch ed recognizing combination minds unlawful purpose foundation offense overt act necessary complete seems like contradiction say thing necessary complete another thing yet thing complete without seems like paradox say anything quote solicitor general crime take cognizance conspiracy therefore alone constitute offense needs addition overt act act something therefore evidence conspiracy constitutes execution part execution conspiracy incur guilt rather complete guilt consummating crime cognizable judicial tribunals tribunals acquiring jurisdiction question may raised extent agency conspirators need enter broad inquiry case bar concerned may admitted act must conspiracy view power effect present case field operation consummation california oregon district columbia general land office situated action latter induced influenced might deception might fraud might innocent agents acts illegality effectually causing moving official action consummation end designed contemplated overt acts kinds charged bribery deception officers intervention attorneys seemingly harmless mailing information directions charged relation scheme devised steps accomplishment powers land office necessarily invoked proceedings therein instituted prosecuted acts innocent indeed taking criminal taint purpose done indeed acts done execution crime discharging loaded pistol target innocent pastime discharging loaded pistol human felonious intent takes quality intent may constitute murder unlawful combination overt act constitute offense stated hyde shine marking beginning execution step execution revised statutes comp stat must applied section provides offense begun one judicial circuit completed another shall deemed committed either may dealt inquired tried determined punished either district manner actually wholly committed therein provision takes emphasis signification fact originally part section statute defined conspiracy act march stat chap comp stat provision lost strength meaning derived association subsequent separation provided revised statutes comp stat arrangement classification several sections revision made purpose convenient orderly arrangement therefore inference presumption legislative construction drawn reason title particular section placed section applied palliser ed sup offense unlawfully using mails decided offense committed mailing letter continued place letter received triable district jurisdiction place case cited benson henkel ed sup concerned extradition proceedings one charged crime bribery alleged committed mailing letter state california directed certain officers general land office district columbia objected removal defendant district columbia trial crime committed california contention held untenable ruling palliser strong expression counsel defendants may therefore turned derision support view crime even conspiracy may carried one place another pouches may ask passing may conspiracy formed mails constituted letters sent persons living different formed may ask state conspiracy assigned cases must law come forward presumption fiction please give locality union minds men never place time statute cuts puzzles makes act conspirator necessarily definite place without aid presumption fiction legal inception guilt inculpating subjecting punishment palliser also applied burton ed sup ann cas held jurisdiction missouri criminal charge burton agreeing state receive prohibited compensation certain services rendered senator offer carried missouri agent accepted burton personally present state said justice harlan page constitutional requirement crime shall tried state district committed necessarily state district party committing happened time distinction brought recognized palliser ed sup rep stating agreement parties completed time acceptance burton offer louis added offense committed committed louis notwithstanding defendant personally present missouri offer accepted agreement completed contention rejected individual either law within meaning constitution commit crime within state physically present time crime committed recognized therefore may constructive presence state distinct personal presence crime may consummated may consummated may punished exercise jurisdiction person committing may brought trial condemnation must fit laws administration acts men led away mere theorick held conspiracy necessarily conception purpose moment may continuing time may place whole area operations guilt conception follows guilt trial punishment pointed statute addition agreement necessary complete measure offense guilty purpose must put guilty act realize strength apprehension extend jurisdiction conspiracy overt acts may give government power may abused wish put view possibility counter considerations oppression law accept place unlawful purpose attempted executed place punishment rather conspirators taken homes victims witnesses conspiracy taken must great solicitude criminal give kind immunity punishment difficulty convicting even detecting may result rule contended adopted let meet fellows secret try let place concealed may execute crime every state union defeat punishment suppositions fanciful illustrated case submitted coincidently brown elliott sup possibility result repels contention demonstrates yield carry technical rules rigidity reasoning far practical administration criminal justice see reason constructive presence assigned conspirators well criminals certainly assent proposition competent congress define shall constitute offense conspiracy shall considered complete crimes commenced one place continued another think size country become great effective administration criminal justice held armour packing ed sup transportation merchandise less published rate elkins act stat chap comp stat supp continuing offense amendment constitution providing accused shall tried state district crime committed preclude trial offense districts transportation conducted see also haas henkel ed sup ann cas cases cited oppose views expressed others support robinson circuit appeals eighth circuit question directly presented fed conspiracy passed alleged indictment entered cincinnati chicago overt acts set proved committed minneapolis evidence showed intention conspirators carry conspiracy minneapolis trial moved direct verdict defendants jury found agreement entered cincinnati chicago complete parties went district minnesota instruction refused defendants convicted refusal assigned error circuit appeals based provisions constitution giving accused crime right trial jury state district wherein crime shall committed passing ruling trial said district judge carland quote language avail citation cases comments upon common law venue conspiracy laid county proven overt act done one conspirators furtherance common design archbold crim pr pl ed conspiracy formed sea overt act done middlesex county held venue properly laid county rex bresic east case rex bowes referred case conspirators tried middlesex though proof actual conspiracy county acts doings wholly counties people mather wend marcy delivering opinion said admit illegal agreement constitutes crime concluded crime perfect conspirators may convicted crime proved overt act need shown ever performed authorize conviction conspirators enter illegal agreement one county crime perpetrated may immediately prosecuted proceedings must county go another county execute plans mischief commit overt act may punished latter county without evidence express renewal agreement law considers wherever act renew perhaps speak properly continue agreement agreement renewed continued whenever one act furtherance common design respect conspiracy resembles treason england directed life king crime consists imagining death king contemplation law crime committed whereever traitor furnishes proof wicked intention exhibition overt act effect com gillespie serg noyes state com corlies brewst law venue conspiracies common law proof overt act necessary show completed offense rule urged much greater force rev stat comp stat offense described therein practical purposes complete overt act committed seems clear whether place reliance common law rev stat comp stat venue offense correctly laid district minnesota evidence sustained allegation indictment cases cited learned may added state nugent atl bloomer state md crim people arnold fire ins state miss state hamilton international harvester com pearce territory pac ex parte rogers tex app raleigh cook tex cases lower federal courts may cited demarcation conspiracy overt act compare comment extend opinion great length may say special citation cases defendants said crime charged crime proved even assumed overt act part crime conspiracy comp stat support contention said averment indictment conspiracy entered district columbia overt acts committed conceded government conspiracy originally formed district columbia state california seen view trial defendants conspired within district columbia sense overt acts committed contention answered views already expressed overt acts give jurisdiction trial essential conspiracy formed far jurisdiction indictment found tried concerned established cases cited question considered brown elliott moore elliott cases submitted coincidently sup fifth sixth seventh eighth assignments error invoke statute limitations behalf hyde schneider plea statute affected overt acts considered kissel ed sup declared conspiracy may continuing one doctrine applicable case bar unless something special facts regarding hyde schneider constitutes defense asserted contended relation schneider conspiracy one rendering service servant master hyde consideration salary paid master within three years finding indictment participated way carrying master scheme subject conspiracy contended question arises whether hyde also entitled protection statute limitation far charged conspiring employee schneider fact salary paid one another preclude conspiracy might indeed mark humble criminal desire one preferred certain reward rather take chances success criminal enterprise certainly inconsistent full active participation scheme indeed schneider confession shall presently refer stated salary certainty employment inducement government contends participation originally time within statute nothing show repudiation withdrawal conspiracy made partial disclosure conspiracy government upon government frankly says rely affirmance judgment view charge jury charged jury substance schneider engaged conspiracy period conspiracy contemplated acts done time time series years purpose conspiracy accomplished although schneider anything within period acquiescent expecting understanding acts performed performed acts effect done still acting colleagues might playing part keeping still much formerly acting contention defendants statute begins run last overt act within three years formation conspiracy within conscious participation italics ment makes counter contention however true may accomplished conspiracies true one continuity purpose contemplated performance acts series years distinction exist seen decided illustrated kissel necessarily men may lawful unlawful purposes temporary enduring distinction vital different consequences incidents conspiracy accomplished distinct period accomplishment different one continuous may continue seem necessarily follow relation conspirators must continue life moment brought life conspirator agent others latter time remains agent former time view contended take defense statute limitations conspiracies allows makes application different take conspirator power withdraw execution offense avert continuing criminality requires affirmative action certainly hardship joined unlawful scheme constituted agents performance scheme agency continuous full fruition secured act disavow defeat purpose situation claim delay law offense terminated accomplished still offending think consciously offending certainly said first moment confederation continuously every moment existence successive overt acts steps toward accomplishment necessarily accomplishment reasoning kissel case stated another way started evil forces must withdraw support incur guilt continuance withdraw conscious offending principle cases cited defendants satisfied contended instructions schneider involved criminality overt acts done ceased hyde employment capacity disclosed conspiracy government testified woodford harlan disclosure frauds come one zabriskie however knowing nothing matters except informed schneider matter referred agent reported conversations schneider giving detailed information frauds manner accomplished report received general land office november appear became report recollection witness saw report first testified took clerk distributing mail purpose appear never saw one day trial however wrote benson seen weekly statements certain special agents investigating schneider charges notified benson seems march later october november also wrote benson suggestion detective burns overt acts charged subsequent disclosure made schneider contended instruction embodied seventh assignment error schneider continued conspiracy overt acts committed disclosure agent land ex parte black fed case fed ware fed ann cas eccles fed greene fed ochs people app department communicated commissioner general land office instruction effect attributed follows schneider stood gone disclosed knew matter said nothing matter nothing done others affect repudiated bearing effect find consider afterwards made disclosure far shut mouth said say anything matter government shall get anything act furtherance conspiracy piece evidence considered bearing question whether acquiescent attitude mind toward conspiracy stood disclosure might said connection consider said afterwards find closed mouth refused say anything matter kept still interest others right say showed still acquiescent matter neutralize choose treat effect former declaration know willing disclose instruction sustain contention based upon submitted jury effect repudiation whether adhered evidence schneider participation conspiracy overt acts done subsequent date disclosure acts prior time within principles announced question instruction whether acquiescence embraced later acts think circumstances jury determine questions case shall proceed consider contended ninth assignment error erred sustaining demurrers pleas abatement hyde schneider defendants demurred indictment overruled special appeal allowed appeals district ruling demurrer affirmed case remanded proceedings mandate filed district april nearly two years afterwards april defendants filed pleas abatement alleging irregularity making list jurors grand jury found indictment selected charge commission make list jurors appointed district code stat chap placed names persons many selected person persons whose names defendant unknown november commissioners met district columbia made order undertook appoint one james harstock secretary said commission undertook order give right access jury box provided accordance code took box unaccompanied person room city hall opened took pieces paper therein containing names jurors day day several successive days replaced box names deemed fit thereupon returned custody clerk names persons drawn box constituted grand jury found indictment consequence averred grand jury legal body demurrers filed sustained pleas support ruling government cites agnew ed sup defendants contest application case two grounds district code plea abatement comes properly demurrer indictment pleas matter indictment guilty special pleas whether plea seasonably filed resisted demurrer motion strike propositions may formally correct preclude noticing unreasonable delay treating demurrer raising objection concession counsel effect indeed authorities filed demurrer urged said pleas filed within reasonable time certainly unreasonable delay said agnew case pleas abatement account irregularities selecting impaneling grand jury relate competency individual jurors must pleaded strict exactness defendant must take first opportunity power make objection indictment case returned december plea abatement filed month held filed late case bar four years elapsed finding indictment filing plea two years mandate appeals sustaining action trial upon demurrer bill particulars demanded furnished delay attempted explained extremely doubtful whether pleas defective agnew case case alleged irregularities complained tended injury prejudice defendant grounds however assigned conclusion record exhibit case bar plea even specific shown juror disqualified shown grand jury composed jurors selected commission alleged true names put box commissioners taken harstock put back deemed fit proper follows course original names box grand jury might differently composed inferred injury prejudice resulted defendants tenth assignment error directed instruction jury might convict one defendants alone including hyde explanation instruction said jury defendant evidence admitted admitted others instanced example alleged confession schneider said admitted true said dimond great deal evidence admitted received defendants true stated proposition benefit counsel may verdict one defendants whether one evidence submitted received proves conspired charged provided overt act also proved confusion instruction easily resolved clear read connection instructions distinguished purpose effect particular testimony mean say conspiracy one defendant alone regarding pass consideration objection urged insisted competent case two persons charged conspiracy trial find verdict one aspect evidence defendant hyde evidence case justified verdict alone even principle announced abstract correct immediate answer verdict one defendant besides argument counsel somewhat minute criticism based partial view instructions evidence think preclude inferences deduced instructions charge necessarily long comprehensive reproduction convenient certain general propositions may stated count indictment said conspiracy addition thereto one overt acts alleged done pursuance stated one way counts subsequent first count contain nothing new except overt acts take one one question found conspiracy first place whether overt acts charged committed find conspiracy course overt acts found emphasized necessity proof conspiracy stated overt acts judged saying overt act must one pursuance conspiracy one furtherance whether certain act pursuance might depend entirely upon conspiracy first question charged defendants conspire second question whether conspired accomplish end alleged third question whether conspired accomplish end fraudulent means alleged far indictment respect necessary proved referring already stated regard fourth question count whether overt act therein mentioned proved important questions must determined connection foregoing one relating place time conspiracy must existed district columbia must existed overt act pursuance must committed within three years next filling indictment assuming conspiracy established overt acts furtherance shown district columbia explained conspiracy district columbia truly defendants person things common mind purpose contemplated circumstances defendants conspiring together act act reference conspiracy necessary put heads together go terms conspiracy every time act done furtherance enough act expression common understanding instructed jury follows suggested men guilty others guilty make difference indictment one clause read charges defendants conspired persons grand jury unknown make difference persons might prosecuted liable prosecuted concern consider question whether defendants conspired way alleged whether overt act committed charged jury defendants convicted one count another count one charge although many counts one conspiracy allegations different acts done pursuance split matter think therefore instruction excepted interest defendants prejudice excluded consideration testimony might possibly relation true jury convicted hyde schneider acquitted benson dimond said government signify evidence hyde schneider different offense charged proof conclusive benson dimond necessary review cases cited defendants holding conspiracy crime least two persons one acquitted legal conviction acquittal others tantamount finding conspiracy one acquitted next assignment defendants erred allowing district attorney direct examination witnesses government examine previous statements made certain representatives government permitting comment upon statements tended show truth assignment directed particularly examination three witnesses valk holsinger tillie fleischauer witnesses remembering certain matters asked conversations written statement made witnesses examined purpose refreshing memory purpose declared time ground ruling objection made howver urged urged done unless upon ground surprise purpose discrediting witnesses support objection district code cited regard manner extent contradicting witnesses proof former statements however permitted examination solely means refreshing memory witness besides admitted truth stated see error ruling indeed may said two witnesses statements related benson alone acquittal ruling error became unimportant next contention constituting twelfth assignment error refusal permit defendants prove certain letters addressed john jones never reached dead letter office testimony insisted became significant important defendants fact district attorney asked schneider schneider gone name john jones postoffice mexico place called allamos redirect examination explained reason suspected postmaster tucson letters written reached time mentioned wife tucson addressed john jones nobody else testified letters referred desk desk room possession government upon demand counsel district attorney produced letters thereupon counsel questioned schneider letters addressed john jones fuerte mexico postmarked tucson arizona district attorney asked counsel defendants desired offer envelops evidence answer made care offer anything connection transaction present district attorney offered objection made subsequently withdrawn saying upon witness stating address upon wife handwriting letters addressed name john jones envelops may received agreed purpose showing postmarks etc suppose corroboration statements witness changed name district attorney called witness counsel defendants testified seen letters one day reference made produced mr pugh latter called said came envelop taken secretary hitchcock safe time burns withdrew case time severed government connection burns testified san francisco dalzell subsequently called witness testify stated said counsel defendants addressing government brought schneider gone assumed name evidence tended show one reason mail tampered leaves room government contend letters dead letter office opened might gotten possession secretary interior burns honestly offer call witness dalzell purpose closing gap showing necessarily somebody must committing greater crime charged defendants robbing mail district attorney effect disclaimed purpose attributed necessarily gap closed shown purpose subsequently attempted testimony precluded possibility suggested testimony attempted justified government gives painful surprise see proof greater crime robbing mails relevant decision charge consideration thirteenth assignment error directed instruction opposed contention defendants titles obtained perfectly absolutely valid persons times except particular state given title alone assail question involved contention settled decision case proceedings habeas corpus ed sup fourteenth assignment error erred refusing instruct jury want personal knowledge character land applied adversely occupied make application void contended applicant believed statements true application neither false fraudulent answer contention appeals question immaterial applications fraudulent reason agreement transfer applicants buying hyde need inquire whether statutes required affidavits made personal knowledge objection made assignments error comments written evidence letters instance written parties time entitled peculiar consideration evidence comment certain anonymous letters attributed dimond saying jury consider whether wrote added following treated argument important question justly fail see importance question letters typewritten one printed pen evidence affecting particular defendant important trial ceases tribunal review acquitted dimond may dismissed consideration see error comments consideration given written evidence declaration abstract proposition attempt enforce particular part testimony take jury province considering weighing respective parts shown charge considered entirety seventeenth assignment error defendants complain allowed show examination jurors result bargain brought circumstances amounted coercion record shows following june jury returned room foreman announced unable agree thereupon instructed jury retire deliberation make another effort agree upon verdict charging however render verdict must one freely agreed law recognize coerced verdict one free expression views opinions jurymen another conscientious effort jury still fail agree return state purpose unduly prolong deliberations conscientiously freely agree upon verdict discharged ten minutes brought declared unable agree instructed consultation counsel government defendants exception made suggesting consideration possibility guilt defendants others jury shortly went announced agreement finding verdict hyde schneider guilty manner form charged benson dimond guilty motion counsel jury polled hyde schneider respectively answered guilty certain counts guilty counts supposed misconduct jury made ground new trial certain supporting affidavits made counsel upon information counsel respectively averred believed information given true received partly one jurors partly person conferences another two jurors requested make affidavit advice counsel declined unless required motion new trial set forth verdict result agreement certain jurors believed defendants convicted certain jurors believed defendants acquitted agreement acquittal benson exchanged conviction hyde conviction schneider acquittal dimond brought contended argued result circumstances amounted coercion nothing record justify contention true trial long one jury allowed separate neither fact unusual criminal trials first often necessary second often expedient contributes impartial judgment defendants true jury consultation three days nights without agreement case unusual issues evidence detailed attention required well might jurors see exact bearing evidence affected particular defendants final instructions set counsel consulted took care say jury law recognize coerced verdict intention unduly prolong deliberations another effort conscientiously freely agree upon verdict discharged hard believe admonition yet ears bartered convictions promise expressly made coerced threat confinement acquit convinced guilty convict convinced innocent even conceiving possibility think rightly ruled within issues case convict defendants acquit others think rule expressed wright illinois teleg iowa gottleib jasper apply testimony jurors received show matters essentially inhere verdict necessarily depend upon testimony jurors receive corroboration judgment affirmed justice holmes dissenting indictment rev stat amended act may chap stat comp stat conspiracy defraud petitioners tried convicted district columbia conviction affirmed appeals app thereupon writ certiorari granted scheme obtain fraudulent devices california oregon school lands lying within forest reserves exchange public lands open selection sell lands obtained hyde schneider california never actually district aid conspiracy overt acts alleged done effect objects view acts innocent taken consisting mainly entry appearance hyde lawyer matter different selections filing papers concerning letters urging speed hyde alleged caused documents affecting transmitted california commissioner washington last six counts payments employees land office alleged made corrupt purpose aid plan person included indictment conspirator jury convict instructed jury defendants agreed accomplish purpose alleged overt acts done district columbia acts done conspiracy district whether defendants defendants excepted instruction well many others said enough show one question case first also important one whether jurisdiction alleged offense shall confine conspiracy continuous nature averred kissel ed sup therefore wherever formed might continued district columbia instance conspirators met purposes scheme moreover order narrow question assume far statute limitations concerned overt act done anywhere express implied consent conspirators show conspiracy continuing parties consenting leave open prosecution three years date follow overt act draws conspiracy wherever overt act may done whether question us order answer question enough say overt act one contemplated conspirators treated act equivalent saying constructively present passing dicto secundum quid ad dictum simpliciter chargeable act follow intents shown fact treated fugitives justice even respect act although act crime hyatt new york ed sup crim speak constructive presence use language fiction hinder precise analysis man said constructively present consequences act done elsewhere felt meant special purpose treated treated present although instance man acting one state sets forces motion kill man another produces induces consequence regards hurtful wishes prevent latter state likely say catch punish although subject laws act strassheim daily ed sup usually confine threats within jurisdiction time act american banana fruit ed sup ann cas symmetry general theory preserved saying offender constructively present case supposed burton ed sup ann cas must forget facts however present fact theory law present far charged act obviously use fiction form words must pushed point administration national law transgress requirement constitution trial crimes shall held state district crimes shall committed art cl amendments art country extending ocean ocean requirement even important hundred years ago must enforced letter spirit make impossible hardships amounting grevious wrongs case conspiracy danger conspicuously brought every overt act done aid course attributed conspirators means conspiracy present wherever overt act done might choice government prosecute one twenty none conspirators wherever two commission crime conspiracy opening oppression thus made wide indeed even wider success held merge conspiracy crime intended achieved think unnecessary dwell oppressions believe practised constitutional history impressively adduced worthington show one wrongs forefathers meant prevent distinction taken based gravity overt act fact contemplated important accomplishment substantive evil conspiracy aims bring law seeks prevent carrying law attempts belong although adjective crimes conspiracy attempt even rev stat comp stat requires overt act first read section thought indefinite enlargement law attempts reflection decisions convinced wrong statute simply away doubt requirements common law rex spragg burr roscoe crim ev ed attempt strictest sense act expected bring substantive wrong forces nature classed kindred offense act natural conditions present supposed present enough harm without act near result coupled intent produce result danger great swift ed sup combination intention overt act may present without amounting criminal attempt done agreement murder man miles away purchase pistol purpose must dangerous proximity success exists overt act essence offense hand essence conspiracy combined unlawful purpose overt act required matter remote act may accomplishing purpose done effect suppose furtherance degree case statute treats conspiracy crime indictment follows statute cases agreed statute made overt act part crime still remains conspiracy alone reasoning overt act gives ground application rev stat comp stat creating double jurisdiction offense begun one district completed another act part conspiracy even element crime stated many words hyde shine ed sup quoting statement britton ed sup statutory requirement merely affords locus penitentioe delay ed sup crim see also hirsch ed pettibone ed sup bannon ed sup crim overt act simply evidence conspiracy passed beyond words foot act done test actuality made condition punishment part crime common law customary allege act fact statute limitations run think case argued act constituting part crime charged draws jurisdiction place done even act substance felony history law shows courts slowly hesitation came admission man although within jurisdiction principal present accomplishment crime hen pl distinction principal accessory fact late surviving expression doubt bl com accessory different jurisdiction held convicted place crime even modern cases state moore bishop crim law ed amazing extension even broadest form fiction held otherwise innocent overt act done one state drew conspiracy another state defraud people latter even though first state punish conspiracy commit fraud beyond boundaries course present case conspiracy well overt act within case supposed different jurisdictions perfect test crime committed conspiracy exists wherever overt act done aid act give jurisdiction conspirators foreign state later caught place act done defendants california never left state far case concerned fraud assuming purposes decision one get land elsewhere pacific coast successful punished crime defendants charged engaged members conspiracy nothing else act implied necessary signify understanding punished create obstacle ultimate crime california defendants never members conspiracy within thousand miles district fact yet lawyer entered appearance case land department defendants directed expected profit carrying plans said feign order warrant taken across continent tried place constitution satisfied fiction man causes unlawful act case prohibited use mails needs fiction say crime committed place act wherever man may palliser ed sup offense consists solely relation men certain intent pure fiction say relation maintained present case supposed government instead prosecuting substantive offense charges conspiracy commit trial conspiracy exists fact effect overt act upon statute limitations consistent said overt act done consent conspirators effect end reason statute begins run afresh new conspiracy made old one renewed act facts supposed show conclusively conspiracy continuing life long barred although earlier years may avoid misapprehension distinction noted acts done aid conspiracy acts constitute call conspiracy formed letters men living california louisiana massachusetts never left several nothing said disparage right government indict contemplation law agreement made said conspiracy may secret one affect tests jurisdiction overt act may amount evidence existence place treat overt acts evidence one thing quite another treat overt act sufficient give jurisdiction although conspiracy exists another place intimations found opposed view take appear induced confusion tried dispel assume overt act creates jurisdiction conspiracy ground causing death may give jurisdiction murder perhaps rex brisac east proceed dangerous analogy treasonable conspiracies levy war compass death sovereign dictum case gains new force repetition text writers one misfortunes law ideas become encysted phrases thereafter long time cease provoke analysis hand overt acts regarded founding jurisdiction petitioners discharged tinsley treat ed sup overt acts conspirators within jurisdiction alleged denied although point mentioned opinion argued overlooked least absence clear statutory words opinion logic policy general intent constitution agree refusing extend fiction constructive presence case like think true view still reg best salk venue must conspiracy result conspiracy put execution quoted correct principle markby edition roscoe criminal evidence ed decide otherwise overrule settled understanding express decisions justice lurton justice hughes justice lamar concur dissent