The evidence for the Government tended to establish a conspiracy. between the defendant, Heath and one Woodward, for the improper Gisposition of the volume of documents, If such conspiracy there was, it was fully consummated, as defendant contends, by the end of December, 1925, and he therefore complains of the reception in evidence of a cablegram and a letter from Heath to Woodward, the former being dated November 19, 1926, and the latter January 8, 1927, "The cablegram reads simply. "Telegraph immediately 2000, Leaving immediately," and it may be disposed of with the comment that it was without evidentiary value and could not possibly have been prejudicial.
Tt is true, as defendant argues, that generally admissions made by: one conspirator are admissible against another, only in case they were made in furtherance of the enterprise and while it was on foot; but the latter was not received under the conspiracy rule. According to defendant's testimony Heath had been guilty of conduct such as justified him, the defendant, in "beating him up," and, indeed, would have justified him in taking his life, so he contends. The letter in question discloses extreme animus on the part of Heath against defendant, and it had been shown to him Tong before the trial, However, in the face of Heath's alleged miscon-duet toward defendant's wife and the provocative character of the: letter of which he had been advised, he continued to act as Heath's attorney from the time he was returned to China for trial on the charge of conspiracy in getting away with the documentary evid-up to the trial in the instant On cross examination he was interrogated respecting the reasons for such an extraordinary change of front toward Heath, and being shown the letter was questioned about particular statements therein, without objection on his part, and for the first time when the letter was formally offer-in' evidence he interposed objection. Even assuming roasonable objection, the letter taken to-with his the elrreceivable as throwing some light upon his conduct and his relationship with Heath, which was a material is Judgment affirmed,
Text read from the printed page and cleaned; old type leaves the occasional error.