make of all crimes and offenses cognizable under the authority of the laws of the United States of America, committed within the Northern District of Texas, upon their oaths present into open Court that heretofore, to wit, etc.,.......all of which was contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America. Foreman of the Grand Jury. District Attorney. Under Section 37 of the New Code, for Conspiracy Against the United States. that heretofore, to wit, on the ... day of .., A. D. 1910, one John Doe and one Richard Roe, did unlawfully, fraudulently, and feloniously conspire together to commit an offense against the United States of America, to wit, to transport from one State to another State in the United States, certain obscene, lewd, and lascivious matter; and he, the said John Doe, and he, the said Richard Roe, in pursuance to said conspiracy, and to effect the object thereof, did, on the .. day of ... transport, carry, and send from Dallas, in the State of Texas, to Little Rock, in the State of Arkansas, certain obscene, lewd, and lascivious pamphlets, which said obscene, lewd, and lascivious pamphlets were too lewd, obscene, and lascivious to be here set out and made a part of the records of this honorable Court, but which said pamphlets began with the words.......and ended with the words.. contrary to the form of, etc. Under Section 211 of the New Code, Old Section 3893, for Mailing Obscene Matter. .that heretofore, to wit, on the ... day of John Doe did unlawfully, knowingly, and wilfully, deposit and cause to be deposited in the United States Post-office at Dallas, Texas, for mailing and delivery, certain non-mailable matter; that is to say, he, the said John Doe, on the date aforesaid, and within the venue aforesaid, did unlawfully, knowingly, and wilfully deposit and cause to be deposited, for mailing and delivery in the post-office of the United States at Dallas, Texas, a certain envelope, which said envelope was duly stamped with a two-cent United States postage stamp, and which said envelope was addressed "Mrs. Richard Roe, St. Louis, Missouri," and which said envelope, so stamped and so addressed, and so deposited and caused to be deposited, then and there contained one sheet of paper, upon which said sheet of paper there was writing, but which said writing is too obscene, lewd, and lascivious to be here set out and made a part of the records of this honorable Court, but which said writing began ........, and ended .... ..; and the said envelope so deposited and caused to be deposited, and so containing the said sheet of paper, with the writing thereof aforesaid, was by him, the said John Doe, so deposited and caused to be deposited, with full knowledge upon his part of the writing aforesaid upon the said sheet of paper, and the import thereof; all of which was contrary, etc. Under Section 192 of the New Code, Old Section 5478, for Breaking Into and Entering Post-office. ...did unlawfully, forcibly, and feloniously, break into and enter a certain building used in part as the Post-office of the United States at with the intent to commit larceny in that part of said building so used as said United States Post-office at ; contrary, etc. Under Section 215 of the New Code, old Section 5480, for Use of United States Mails to Promote Fraud. ....did unlawfully, knowingly, and fraudulently devise a scheme and artifice to defraud, which said scheme and artifice to defraud was to be effected by the use and misuse of the United States Post-office establishment; and in furtherance of said scheme, did deposit and cause to be deposited in the United States mails, for mailing and delivery, divers letters and packets; which said scheme and artifice to defraud was, in substance, as follows, to wit: that the said .would pretend to be engaged in the legitimate business of a wholesale dealer in produce, able and willing to pay for consignments of produce, and being financially responsible, and that he would make prompt and ready remittance for such consignments of produce as were made to him; that such representations would be made to produce dealers throughout the United States of America who were residents of towns other than that in which the said.. would purport to carry on the said business; that when the said produce dealers residing in towns other than that in which the said..........would purport to carry on said business, would make consignments in answer to said letters, of produce, to the said.... that the said would sell the said produce and convert the proceeds thereof to his own use and benefit, and make no remittance for the said produce, or any part thereof, and that the said .... did not intend to make remittance for the said produce, or any part thereof, or to pay for the same at any time, but, as aforesaid, he would convert the produce and the proceeds to his own use and benefit; and in pursuance of such scheme and artifice, and to effect the object thereof, he, the said ... within on the day of within the jurisdiction of this Court, to wit, ., etc., did unlawfully, knowingly, fraudulently, and feloniously deposit and cause to be deposited, for mailing and delivery in the United States Post-office at a certain envelope, duly stamped with twocent United States postage stamps, and addressed to and which said envelope, so deposited, and so stamped and addressed, contained the following letter, to wit:.... and the grand jurors aforesaid, upon their oaths aforesaid, represent and show to the Court that the said did not intend to pay the prices for the produce in said letter set forth and promised; that he was not financially responsible as represented in said letter; that he was not a reputable and legitimate produce dealer, as represented in said letter, but intended, as aforesaid, to appropriate the proceeds of the produce shipped to him in response thereto to his own use and benefit, and to not pay for the same, or any part thereof; contrary to the form, etc. Under Section 206 of the New Code, False Returns to Increase Compensation of Postmaster. one John Doe was postmaster of the United States Post-office at in said county and district, the same being a post-office of the fourth class; and the said so being such postmaster, as aforesaid, on the date aforesaid, and in the county and district aforesaid, did unlawfully, knowingly, and fraudulently, for the purpose of fraudulently increasing his compensation as such postmaster, under the Acts of Congress, make a certain false return to the Auditor of the Treasury for the Post-office Department of the United States; that is to say, a certain false return of the amount of postage stamps, stamped envelopes, postal-cards, and newspaper and periodical stamps canceled as postages on matter actually mailed at the said postoffice, and of postage due stamps canceled in payment of under-charges and unpaid postages upon matter delivered at the said post-office during the quarter ending the ........ day of..... by which said return the said amount appeared and was alleged to be .... .. dollars and .... cents, which said return, at the time it was so made, as aforesaid, was false in this: that the amount of postage stamps, stamped envelopes, postal cards, and newspaper and periodical stamps canceled as postage on matter actually mailed at the said post-office, and of postage due stamps canceled in payment of undercharges and unpaid postages upon matter delivered at the said post-office during the quarter aforesaid, was not dollars and .... .... cents, or any such sum, but was a different and much smaller sum, to wit, dollars, as he, the said at the time of making the said return, as aforesaid, then and there well knew; all of which was contrary, etc. Form of Indictment Under Section 125, Old Section 5392, for Perjury. "The United States of America. "At a District Court of the United States of America, for the District of Massachusetts, begun and holden at Boston, within and for said district, on the first Tuesday of Decem ber in the year of our Lord one thousand nine hundred and nine. "First Count. The jurors for the United States of America, within and for the District of Massachusetts, upon their oath, present that Frank H. Mason, of Boston, in said district, at the several times of the committing of the several offenses in this indictment hereafter charged, was clerk of the District Court of the United States for the District of Massachusetts, and as such clerk was by law required to make to the Attorney General of the United States, on the first days of January and July, in each year, and in the form prescribed by said Attorney General, a written return for the half year ending on said days respectively, showing, among other things, all the fees and emoluments of his office, of every name and character, and all the necessary expenses of his office, and to verify such return by his oath; that said Frank H. Mason, on the twenty-fourth day of September, in the year nineteen hundred and eight, at Boston aforesaid, then so being such clerk, came in person before the Honorable Frederic Dodge, then and before that time judge of the District Court of the United States for the District of Massachusetts, and then and there made and subscribed a certain declaration and certificate in writing before said judge, on the occasion of his making his return as aforesaid as such clerk for the half year ending on the thirtieth day of June, in the year 1908, and was, on the day first aforesaid, there in due manner sworn by said judge touching the truth of the matters contained in said return, and took his corporal oath, before said judge, that said written declaration and certificate by him the said Frank H. Mason subscribed was then just and true, he the said Frederic Dodge as such judge then and there having competent authority, and being a tribunal and officer having authority, to administer said oath and take said written declaration and certificate; and that said Frank H. Mason then and there falsely, corruptly, and wilfully, and contrary to his said oath, did in and by his said written declaration and certificate declare and certify certain material matters, among other things, in substance and to the effect that said return was in all respects just and true, according to his best knowledge and belief, and that he had neither received, directly or indirectly, any other money or consideration than therein stated; that the total amount of fees and emoluments received in bankruptcy proceedings was six thousand five hundred and fifteen dollars and eighty-five cents; that the total amount of fees and emoluments, not in bankruptcy proceedings, earned from parties other than the United States, was six hundred and thirty-four dollars and eighty-three cents; and that the balance then due to the United States from him as such clerk was four thousand and nineteen dollars and forty-six cents; whereas in truth and in |