...SCHEME TO DEFRAUD. — Revised Statutes, section 5480, as amended by act March 2, 1889, provides that if any person, having devised or intending to devise any scheme or artifice, to defraud by correspondence through the mails, shall, in executing such scheme, place any letter or circular...

...there place in a certain post-office of the United States, to-wit, the postoffice at Alton, * * * a certain letter, then and there having inclosed therein...person, having devised or intending to devise any schema or artifice to defraud or be effected by either opening or intending to open correspondence...

...by Act March 2. 1889, c. 393, 25 Stat. S73 [US Comp. St. 1!K)1. p. 3090 J, which rends as follows : "If any person having devised or Intending to devise any scheme or artifice to defraud • • * to be effected by either opening or intending to open correspondence or communication with...

...tickets for them." The language of the statute, so far as it is material in this case, is as follows : "If any person having devised or intending to devise any scheme or artifice to defraud * * * to be effected by either opening or intending to open correspondence or communication with any...

...provisions which are not necessary to the disposition of the pending case, this section reads as follows : "If any person having devised or intending to devise any scheme or artifice to defraud to be effected by either opening or intending to open correspondence or communication with any person,...

...[US Comp. St 1901, p. 3696]). This section, as far as applicable to this case, reads as follows : "1f any person having devised or intending to devise any scheme or artifice to defraud » * » to be effected by either opening or intending to open correspondence or communication with...

...(Act March 4, 1909, c. 321) § 215, 35 Stat 1130 (Comp. St. 1!)16, § 10385), declaring thnt whoever, having devised or intending to devise any scheme or artifice to defraud, shall for the purpose of executing such scheme use the mails, will be punished, is different from the...

...Revised Statutes, as amended by the act of March 2, 18SX), c. 303, and copied In the margin,! for i If any person having devised or intending to devise any scheme or artifice to defraud, or to sell, dispose of, loan, exchange, alter, give away, or distribute, supply or furnish, or procure...

...for final decision. The following is section 5480, Rev. St., upon which the indictment is founded: "If any person having devised, or intending to devise, any scheme or artifice to defraud, to be effected by either opening, or intending to open, correspondence or communication with any other...

...there place in a certain post-office of the United States, to wit, the post-office at Alton, * * * a certain letter, then and there having inclosed therein...alleged to have been violated Is as follows : — " Sec. 6480. If any person, having devised or intending to devise any scheme or artifice to defraud or be...