Page:Federal Reporter, 1st Series, Volume 2.djvu/761

 75e FEDKEAL EEPOETEB. �instruct Mr. Lomax that he bas nothing to do with Mr. Grin- nell's aocounts. What is open, as I understand, of Mr. Grin- neU's case, is simply Lis own exception to the last report of the master. Why it bas not been disposed of, and why nobody takes any measures to dispose of it, we cannot say. We instruct the master that be bas notbing f urtber to do in the present condition of affairs witb Mr. Grinnell's accounts. Possibly it may be my duty, after the argument made bere yesterday as to the proper mode of proceeding, to say that the mode of revising the report of the master on the re- ceiver's account may be different from revising bis report on any other subject. It is unnecessary to decide tbis, be- cause even the authorities read by Judge Gole show that the receiver's report stands in the same attitude as if it bad been passed by the master, and that it is only assailable by direct proceeding in court, in the nature of a petition, calling its attention to some error, fraud or mistake, or anything of the kind, and we are of opinion that no other mode of assail- ing these accounts exists but a direct proceeding in court and before the court, showing special reasons why the report ehould be re-examined over? ���Thb United States v. Saoia and others. {District Court, B. Ifeie Jersey. , 1880.) �CoNSPiKACT — Rbv. 8t. § 5440. — A conspiracy is an agreement or 00101)1- nation between two or more persons to eflEect an unlawful purpose. �8amb — Samb. — The agreement or combination is the olience, but the per- formance of the alleged act to efiectuate it is necessary to make it in- dictable under the statute. �Samb — Sahb — Parties. — A. conspiracy may be inf erred where ît is shown that any two or more of the parties charged aimed, by their acts, to accomplish the same unlawful purpose or object, one performing one part and another another part of the same, so as to complete it, although they never met together to concert the means, or to give efEect to the design. �Same — Same — Same. — ^It is not necessary that the conspiracy should originale with the persons charged. �Same— Testimonï — Co-Conspibatob. — A co-conspirator is a competent
 * witness upon the trial of an indictment for conspiracy.

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