“ No case of a similar offense is cited from the judicial reports of North Carolina, and the supreme court in its opinion refers to the crime as 'a fashion of swindling which has doubtless been little practiced in this state.' That for other offenses, which may be considered by most, if not all, of a more grievous character, less punishments have been inflicted, does not make this sentence cruel. Undue leniency in one case does not transform a reasonable punishment in another case to a cruel one. ”

“ It is true there is no recital of any such reason to fear, but we cannot hold, in the face of the decision of the supreme court of the state, that the omission of such recital invalidates the judgment. ”

“ Swindling by means of a pretended gold brick is no trifling crime, and a conspiracy to defraud by such means does not commend itself to sympathy or leniency. But it is unnecessary to attempt to lay down any rule for determining exactly what is necessary to render a punishment cruel and unusual, or under what circumstances this court will interfere with the decision of a state court in respect thereto. ”