Henry Billings Brown

“ To require an overt act to be proven against every member of the conspiracy, or a distinct act connecting him with the combination to be alleged, would not only be an innovation upon established principles, but would render most prosecutions for the offense nugatory. It is never necessary to set forth matters of evidence in an indictment. ”

“ That a conspiracy 'to commit any offense against the United States' is not a felony at common law is too clear for argument; and, even if it were made a felony by statute, the indictment would not necessarily be defective for failing to aver that the act was feloniously done. ”

“ It has always been, however, and is still, the law that, after prima facie evidence of an unlawful combination has been introduced, the act of any one of the co-conspirators in furtherance of such combination may be properly given in evidence against all. ”