Joseph McKenna

Name: Brown v. Elliott — Opinion of the Court
Author: Joseph McKenna

Summary

“Brown v. Elliott — Opinion of the Court”, is a work by Joseph McKenna. It explores elements such as conspiracy, the United States and Omaha.

Quotes from Brown v. Elliott — Opinion of the Court (Joseph McKenna)

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ The United States can reach them equally, it is true, in either case; but as it can try them only where the crime has been committed, the test to be applied is the same that would be applied if the crime arose under the law of one of the states. It does not follow from the defendants' liability in Omaha for certain results of their conspiracy that they can be tried there for the conspiracy itself. I assume for purposes of decision, whatever misgivings may be felt as to the justice of indicting for a conspiracy to do what actually has been done, that an indictment will lie. ”

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Source: Wikisource

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ But when they are punished for being and not for doing, when the offense consists in no act beyond the osmose of mutual understanding, they should be punished only where they are,-only where the wrongful relation exists. ”

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Source: Wikisource

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ If, however, the conspiracies may be regarded as distinct, then one is charged as having been formed at Omaha in April, 1907, and that overt acts were performed there to effect its object within three years of the finding of the indictment, to wit, October 7, 1909. These allegations establish the jurisdiction of the district court of Nebraska, and exclude the application of the statute of limitations.
As the place of the overt act may be the place of jurisdiction, it follows that the exact place where the conspiracy was formed need not be alleged. ”

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Source: Wikisource

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ Overt acts are alleged, one of which is the renting by one of the conspirators under an assumed name of a postoffice box at Omaha, Nebraska, and the receiving and sending of letters to the 'victims,' which set forth the scheme in detail by which the 'millionaires' were to be imposed on, and the ease of its accomplishment and assurance of success displayed. ”

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Source: Wikisource

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ In other words, not the place of the activities of the conspiracy and where it incurs guilt, but the place of its formation, which no one may know or can find out, is the place of the jurisdiction of its trial. And what compels this? It is answered: The 6th Amendment of the Constitution of the United States. We have determined otherwise in Hyde v. United States.
The Constitution of the United States is not intended as a facility for crime. it is intended to prevent oppression ”

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Source: Wikisource

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ Others of the conspirators were to represent themselves to the victims to be friends and relatives of the 'secretary,' and had been requested by him to produce men of financial standing to act as his secret agents in betting money against his employers, the millionaires, and it was to be represented that it was necessary for him to procure such persons of financial standing and responsibility to represent him and bet his money in order to conceal his disloyalty to his employers. ”

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Source: Wikisource

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ And it is charged that appellants and other persons conspired in devising and intending to devise a scheme and artifice to defraud various persons out of their money and property, to be effected by means of the postoffice establishment of the United States, and particularly to defraud certain persons who were named. To avoid repetition, they are called in the indictment 'victims,' and they were to be defrauded of their money and property by the conspirators 'agreeing to organize, institute, conduct, and manage certain horse races and atheletic contests . ”

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Source: Wikisource

Joseph McKenna, Brown v. Elliott — Opinion of the Court

“ Such persons were not to bet their own money, but the secretary's money, and be paid a percentage of the winnings. The victims were to be induced to bring letters of credit or negotiable paper for large sums of money, and thereby established credit in the bank of the town where the races and contests were to be conducted. ”

Joseph McKenna

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