Page:Federal Reporter, 1st Series, Volume 2.djvu/767

 760 FEDERAL REPORTEH. �any one of the defendants on trial was a party to the conspir- acy at any stage of the proceedings, the case ends, and these persons are entitled to a verdict of acquittai. �2. If you corne to the conclusion, as probahly you Avill, that a conspiracy existed, your next inquiry will be, were any of the alleged acts done by one or more of the parties to give efifect to the fraud ? �The importance of this inquiry grows out of two facts : First, if none were performed the iudictment cannot be sus- tained; second, if any one act was done by any one of the conspirators in furtherance of the fraud, every conspirator is chargeable in law with doing it, and is responsible for it and ail the consequences which primarily flow from it. �Eemembering this peculiar feature of the law in regard to conspiracy you will have no trouble here. It is admitted, for instance, that Mrs. Lewis falsely personated the widow of Joseph L. Lewis, and it is hardly to be disputed that she obstructed the probate of the will and payment of the legaey to the United States by flling a caveat. Every one of the defendants who are concerned with her in the conspiracy is to be treated as if he performed the act which she admits. Or, to take another illustration, Dr. Park went to Judge Fullerton to employ him as additional counsel to aid Mrs. Lewis in proving that she was the widow of Joseph L. Lewis. If he knew she was not the widow, he and every other defendant here charged, who are shown to be parties to the fraudulent combination, are to be held responsible for the act. �You will hence perceive, gentlemen, that it is not neces- sary that I should occupy your time with this inqury. �I proceed to the consideration of the third inquiry, which will doubtless give you more difficulty. �3. Finding that the conspiracy existed, and that some act was done to give it effect, the last inquiry is, were any of the defendants members of it ? �I have no intention to review the evidence. You have heard the ablt argument of the counsel of the respective par- ties. Nor is it my province or disposition to express any ����