The judgment of the District Court is affirmed, on the authority of Samuel M. Clyatt v. The United States, 25 Sup. Ct. 429, 49 L. Ed. -, decided by the Supreme Court March 13, 1905. As to the second count in the indictment, see, also, Gardes v. United States, 87 Fed. 172, 30 C. C. A. 596.