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GAYON v. McCARTHY

No. 540.

252 U.S. 171 (1920)

40 S.Ct. 244

64 L.Ed. 513

GAYON v. McCARTHY, UNITED STATES MARSHAL FOR THE SOUTHERN DISTRICT OF NEW YORK, ET AL.

Supreme Court of United States.

Decided March 1, 1920.

Attorney(s) appearing for the Case

Mr. William S. Bennet with whom Mr. A.M. Wattenberg was on the brief, for appellant and plaintiff in error.

Mr. Assistant Attorney General Stewart, with whom Mr. W.C. Herron was on the brief, for appellees and defendants in error.

MR. JUSTICE CLARKE delivered the opinion of the court.

The appellant, Gayon, was indicted in the Southern District of Texas for conspiring (§ 37 of the Criminal Code) with one Naranjo, of San Antonio, Texas, and with one Mendoza, of Laredo, Texas, about January 1st, 1919, to hire and retain Foster Averitt, a citizen of the United States, to go to Mexico, there to enlist in military forces organized in the interest of Felix Diaz, then in revolt against the Government...

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