Page:Federal Reporter, 1st Series, Volume 7.djvu/731

 UNITED ' STiTES V. SANOHE. 719 �conspiraoyto commit an act made an "offence" or crime by any law of the United' States, as well as an act that may defraud the United States in any ihanner w hatever. The sections collated in the index of the Bevised Statutes, under the title "Conspiracy," show that this is only one of many sections enacted — in the langaage of the learned judge in U. S. V. Sacia, 2 Fbd. Eep. 754 — "to meet theparty to thefraud on the very threahold of the perpetration of his crime, and to render him liable to its penalties before the consummation of the fraud." This was said of this statute in its application to a fraud against the government, but ia equally applicable to all cases; and other sections, where special legislation seemed neeessary, make it manifest that ccingress protects the rights and interests of the citizen as sedulouslyas itdoee those of the government, by punishingconspiracies to oomr mit crimes within the jurisdiction of the United States. - .;; �Another objection urged to this indiotment is that it does not allege any act of any one of the alleged conspirators to effect the object of the conspiracy. As I understand the objection, it is that the pleading should have alleged that the skiff was actually delivered to the parties mentioned for the purpose charged. It is said' that only a verbal act is averred by the word"loaned," whichis not sufBcient tomeet the stat- ute. In U. S. y. Donaw, Il Blatchf. 168, it is said that — �"The act which the statute calls for is not designated as an ove^t act, and was not intended to be made an element proper of the ofiepce. The offence is the conspiracy. Some act by sonie of the conspirators is required to show, not the unlawful agreement, but that the u,nlawf ul agreement, while subsisting, became operative. » * * If, then, an indictment correctly charges an unlawful combinatipn and agreement as actually made, and, in addition, descrlbes any act by any pne pf .the parties to the unlawful agreement as an act intended to be relied on to show the agreement in operation, it is sufflcient, although uppn the f^ce of the indictment it does not appear in what inapner the act descri)t)ed would tend to efEect the object of the conspiracy. It is sufflcic.nt if . the act be 80 desoril)ed as to apprise the defendant -sThat act is intended tp be given in evidence as tending to show tiiat the unlawful agreementyas put in operation, without its being made to appear tP the court, uppn the face of the indictment, that the act mentioned is necessarily calculated to eflfect the object of the unlawful combination charged." " " ' ��� �