this book is in / Library. n copyright restrictions in ates on the use of the text. http://www.archive.org/details/cu31924022834596 KF no t'l3 (HnxmH Slatu ^t\^m\ IGibrary KF 170.P13"*" ""'**™"V Library PEECELENTS ANB EOEMS OP INDICTMENTS, INFORMATIONS, COMPLAINTS, DECLA- RATIONS, PLEAS, BILLS IN CHANCERY, AN- SWERS, REPLICATIONS, DEMURRERS, ORDERS OP COURT, BONDS AND WRITS, ADAPTED TO PRACTICE IN UNITED STATES CRIMINAL AND CIVIL CASES, TOGETHER WITH FOEMS AND INSTRUCTIONS PERTAINING TO THE ACCOUNTS AND FEES OF UNITED-STATES ATTORNEYS AND COMMISSIONER& BY OLIYER E. PAGIN, Assistant United-States Attorney for thb KoRTHEBN District of Illinois. CHICAGO: CALLAGHAN AND COMPANY. 1894. Copyright, 1894, BY CALLAGHAN AND COMPANY. STATE JOURNAL PRmTING COMPANY, FniNTEBS AMD STEREOTirpSRS, MADISON, WIS. TO THE HONORABLE WILLIAM G. EWING, JUDGE OP THE SUPERIOR COURT OF COOK COUNTY, ILLINOIS, BUT FOE WHOSE DISINTEEESTED KINDNESS TO A YOUNG LAWYER AT THE OUTSET OF HIS CAEEEE IT WOULD NEVER HAVE BEEN WRITTEN, THIS VOLUME IS MOST RESPECTFULLY INSCRIBED. PREFACE. The need of a book of accurate and concise precedents for use in United-States cases has long been felt, not only by United-States Attorneys and Commissioners, but also by such practitioners as have for clients persons against whom the Government has made some demand or accusation, or whose property has become liable to forfeiture. A convenient way for a busy lawyer to discover defects in the written pleadings of a given case is to compare those pleadings with precedents which bear in themselves evidence of their conformity to law and the rules of practice, and which are accompanied by cita- tions to approved text-books and authoritative decisions in their support. Such a work it is here endeavored to supply. Many of the forms here given have been taken from the files of actual cases; and not a few of them have been sub- jected to the criticism of such eminent judges as Gresham, Blodgett and Drummond, and to the attacks of such noted law^'ers as Trumbull, Goudy, Storrs and Swett. Some of the forms taken from the files of old cases were drawn by the late James St. Clair Boal, an able lawyer and an enthu- siast on the subject of pleading, who was for twelve j'ears Assistant United-States Attorney for the Northern District of Illinois. These facts promise something for the practical character of the work. This book also embodies much of the valuable advice given to the writer, frorii day to day during the prosecution of his work as an Assistant United-States Attorney, by the Honor- able William G. Ewing, for a long time State's Attorney for Vl PEEFACE. Adams Countj-, Illinois, lately United-States Attorney for the ISTorthern District of Illinois, and at present one of the Judges of the Superior Court of Cook County ; and by the Honorable Thomas E. Milchrist, for eighteen years State's Attorney for Henry County, Illinois, and at present the United-States Attorney for the above-mentioned district. The forms for the use of Commissioners were prepared with the aid of the Honorable Philip A. Hoyne, now serving his fortieth year as Commissioner of the United-States Circuit Court for the same district. To the learning and experience of these gentlemen much credit will be due, if this work shall meet with success. While no attempt has been made to give a precedent for every conceivable case, it is thought that enough forms per- taining to each of the important branches of the Federal law have been given to make this book useful in any case likely to arise. The arrangement of the forms adapted to criminal proced- ure follows the plan of the title " Crimes and Offenses " in the Eevised Statutes of the United States (2d Ed. 1878,) for want of any arrangement of this matter in the body of the Ee- vised Statutes. The forms for civil cases fall, according to the character of their subject-matter, into divisions respect- ively entitled Admiralty, Customs, Internal Kevenue, Post- Office, and Miscellaneous ; the latter including some Equity forms. Oliver K Pagin. CracAOO, April 17th, 1894. TABLE OF COl^^TEKTS. Forms Adapted to Criminal Cases : — Pages. General forms (beginnings and conclusions) of indictments and informations, and forms of pleas, recognizances, warrants, orders of court, praecipes, bail-bond and bond for costs on appeal 3-19' General forms (beginnings and conclusions) of complaints be- fore United-States Commissioners, forms of warrants, sub- poenas, recognizances, justification of bail, commitments, transcript, search-warrants and affidavits for the same, and forms in proceedings for the discharge of poor convicts . 80-40' Forms showing manner of charging — Crimes against the operations of the Government; — for- geries, frauds, counterfeiting obligations, making false claims, larceny of United-States property, conspiracies to defraud tha United States, etc 41-102' Crimes against the elective franchise and civil rights of citizens of the United States 103-120- Official misconduct 127-140 Crimes against justice ; — perjury, obstructing court offi- cers, etc. 141-153- Crimes under the maritime jurisdiction of the United States 154-156- Counterfeiting coin 157-170 ■ Postal crimes 171-275 Crimes relating to merchant seamen 276-278 Crimes under customs laws 279-882 Crimes under internal-revenue laws 283-332 Miscellaneous offenses, and offenses under the national- bank laws 333-343 Forms Adapted to Civil Cases: — Proceedings in rem and in personam, under — Admiralty and navigation laws 347-363 Customs laws 364-388 Internal-revenue laws 389-438 Postal laws 489-455. Miscellaneous ; — suits on contracts and oflScial bonds, removal of suits, pleas, demurrers, replications, motions, orders, pe- titions, equity forms, etc 456-512: Forms and Instructions Pertaining to Accounts and Fees of United-States Attorneys and Commissioners . . . 513-533 TABLE OF CASES CITED. Account of District Attorney, In re, 23 F. R., 26, see p. 521. Albert, U. S. v., 45 F. R., 552, No. 57, note 4 Ambrose, U. a v., 2 F. E., 764, No. 121, notes 2 and a Andrews, U. a v., 58 F. R, 861, No. 294, note 1. Averill v. Smith, 17 Wall., 82, No 743, note 1. Babcock, U. a v., 34 F. R, 873, No. 214, note 1. Bailey, Com. v., 1 Mass., 63, No. 60, note 3. Bailey, U. a v., 47 F. R, 117, No. 310, note 2. Baldwin v. Franks, 120 U. a, 678, No. 157, note 1. Barber, U. a v., 140 U. a, 164, No. 55, note 1, and p. 521. Bartow, U. a v., 10 F. R, 874, No. 620, note 6. Bates V. U. a, 10 F. R, 92, No. 285, note 2 ; No. 287, note 1 ; No. 806, note 1 ; No. 310, note 3 ; No. 436, note 3. Baugh, U. a v., 1 F. R, 784, No. 7, note 1 ; No. 344, note 1 ; No. 344, note 6. Bayaud, U. a v., 16 F. R, 376, No. 453, note, (pi 259); No. 540, note 1. Bejandio, U. a v., 1 Woods, 294, No. 231, note 1. Bird V. U. a, 45 F. R, 110, see p. 521. Boggs, U. a v., 31 F. R, 337, No. 217, note 1. BoUman, Ex parte, 4 Cranch, 75, No. 37, note 1. Bornemann, TJ. a v., 36 F. R, 257, No. 6, note 7 ; No. 203, note 1 ; No. 205, note 1 ; No. 408, note 1 ; No. 451, note 2. Bougher, U. a v., 6 McLean, 277, No. 115, note 1. Britton, U. a v., 108 U. a, 199, No. 143, note 1. Britton, U. a v., 107 U. a, 655, No. 618, note 1. Buckland's Case, 8 Leigh, 732, No. 60, note 8. Burns, U. a v., 5 McLean, 33, No. 389, note 1. Burroughs, U. S. v., 3 McLean, 405, No. 345, note 1. Byrne, U. a v., 44 F. R, 188, No. 6, note 16 ; No. 60, note 2 ; No. 178, note 2 ; No. 343, note 3 ; No. 344, note 1 ; No. 385, note 2. Campbell, U. a v., 16 F. R, 233, No. 436, note 1. Carll, U. a v., 105 U. a, 611, No. 98, note 1 ; No. 453, note (p. 262X Carr, State v., 5 N. H., 367, No. 60, note 3. Gates V. Allen, 149 U. a, 451, No. 748, note 1. Chase, U. a v., 27 F. R, 807, No. 386, note 7. Chase, U. a v., 135 U. a, 355, No. 294, note 1. Claassen v. U. a, 143 U. a, 140, No. &24, note 2. Clark, U. a v., 37 F. R, 108, No. 285, note 1. Clarke, U. a v., 38 F. R, 733, No. 385, note 4. CASES CITED. Coffey V. V. S., 116 U. S., 437, No. 655, note 1 ; No. 660, note 2; No. ' 672, note 1. Conrad, U. S. v., 59 F. R, 458, No. 310, note 2 ; No. 323, note 1. Coppersmith, U. & v., 4 F. R., 198, No. 6, note 9 ; No. 63, note 1 ; No. 64, note 2. Corbin, U. S. v., 11 F. R., 238, No. 6, note 16 ; No. 83, note 1 ; No. 122, note 1 ; No. 432, note 1 ; No. 436, note 3. Craft, U. S. v., 43 F. E., 374, No. 115, • note 1. Crawford v. U. S., 40 F. R, 446, see p. 521. Cuddy, U. S. v.,' 89 F. R, 696, No. 313, note 1. Davis, U. S. v., 6 F. R, 683, No. 183, note 3. Davis, U. S. v., 33 F. R, 865, No. 389, note 1. Edwards, U. S. v., 43 F. R, 67, No. 313, note 6. Eno, U. S. v., 56 F. R, 218, No. 622, note 1. Erwin, U. S. v., 147 U. S., 685, see p. 531. Ewing, U. S. v., 140 U. S., 143, see pp. 516, 521. Falkenhainer, U. S. v., 21 F. R, 634, No. 344, notes 5 and 6 ; No. 357, note 1 ; No. 389, note 1 ; No. 405, note 1. Fero, U. S. v., 18 F. R, 901, No. 6, note 16 ; No. 60, note 3 ; No. 187, note 1; No. 385, note 3; No. 440, note 3. Flemming, U. S. v., 18 F. R, 907, No. 449, note 1 ; No. 453, note. Four Hundred and Twenty-two Casks of Wine, U. a v., 1 Pet, 547, No. 662, note 1. Franklin, People v., 3 Johns. Cases, No. 60, note 3. French, U. S. v., 57 F. R, 383, No. 630, notes 2 and 6. Gibson v. Peters, 150 U. S., 343, see p. 521. Goggin, U. S. v., 3 F. R, 492, No. 121, note 1. Gordon, U. S. v., 33 F. R, 350, No. 139, note 1. Graves, The People v., 5 Parker Cr. C, 134, No: 437, note 4. Griffin v. State, 14 O. (N. S.), 55, No. 60, note 3. Grimm, U. S. v., 45 F. R, 558, No. 387, note 1. Grottkau, U. S. v., 30 F. R, 673, No. 87, note 1. Graver, U. S. v., 35 F. R, 59, No. 357, note 1. Hall, U. S. v., 147 U. S., 691, see p. 521. Hamilton, D. S. v., 9 F. R, 443, No. 344, note 3. Harmon et al, U. S. v., 34 F. R, 873, No. 385, note 5. Harper, U. S. v., 33 F. R, 471, No. 6, note 13; No. 626, note 1. Henry, In re, 133 U. S., 373, No. 385, note 3 ; No. 438, note 1 ; No. 440, note 3; No. 453, note, (p. 361). Hess, U. S. v., 124 U. S., 483, No. 451, notes 1 and 3. Hibbs, Ex parte, 26 F. R, 431, No. 703, note 3. Hoeflinger, U. S. v., 33 F. -R, 469, No. 6, note 7; No. 408, notel j. No. 451, note 2. Hornei-, U. S. v., 44 F. R, 677, No. 323, note 1. Horner v. U. S., 143 U. S., 307, No. 323, note 1. Howard, U. S. v., 17 F. R, . 638, No. 115, note 1. Hoyne v. U. S., 38 F. R, 542, see p. 521. Hughitt, U. S. v., 45 F. R, 47, No. 630, note 3. Hull, U. S. v., 14 F. R, 334, No. 6, note 16; Na 60, note 2; No. 73,. note 2 ; No. 80, note 1 ; No. 131, note 4. Imsand, U. S. v., 1 Woods, 581,. Na 577, note 1. Jackson, U. S. v., 39 F. R, 503, No. 344, note 6; Na 345, note 1. CASES CITED. XI Jackson, Ex parti, 96 U. S., 737, No: 453, note, (p. 256). Jacoby, U. S. v., 12 Blatch., 491, No. 693, note 1. Jacques, U. S. v., 55 F. R, 53, No. 164, note 1. Jarvis, U. S. v., 59 F. R., 357, No. 294, note 1. Jolly, U. S. v., 37 F. R., 108, No. 57, notes 3 and 4 ; No. 437, note 4. Jones, U. S. v., 37 F. R, 447, No. 344, note 4.' Jones, U. a v., 31 F. R, 718, No. 344, note 6 ; No. 345, note 1. Jones, U. & v., 31 F. R, 725, Na 344, note 6 ; No. 345, note 1. Jones, U. S. v., 147 U. S., 673, see p. 516. Jones, U. S. v., 134 U. S., 483, see p. 532. Kaltmeyer, U. S. v., 16 F. R, 760, No. 387, note 1 ; No. 390, note 1 ; No. 393, note 1. Kee Ho et al, U. S. v., 33 F. R, 333, No. 481, note 1 ; No. 484, note 1. Keiver, U. S. v., 56 F. R, 432, Na 42, note 1. King, U. S. v., 147 U. a, 676, "see p. 516. Koch, U. a v., 21 F. R, 873, No. 6, note 9 ; No. 63, note 1 ; No. 188, note 3. Lacher, U. a v., 134 U. a, 634, No. 343, note 1 ; No. 36i note 3. Laescki, U. a v., 39 F. R, 699, No. 115, note 1 ; No. 614, not€ 1. Lancaster, U. a v., 44 F. R, 885, No. 154, note 4. Lehman, U. a v., 39 F. R, 768, No. 87, note 1 ; No. 313, note 7. Lewis V. U. a, 146 U. a, 870, No. 11, note 1. Locke V. TJ. a, 7 Cranch, 389, No. 743, note 1. Logan V. U. a, 144 U. a, at p. 397, No. 6, note 2 ; No. 154, note 1. Longley, State v., 10 Ind, 484, No. 437, note i. Mackin v. V. S., 117 U. a, 348, No. 7, note 1. Males, U. a v., 61 F. R, 41, Na 385, note 4. Martin, U. a v., 50 F. R, 918, No. 285, note 4. Mason. U. a v., 13 Blatok, 497, Na 60, note 3. McBosley, U. a v., 39 F. R, 897, Na 159, note 3. McCabe, U. a v., 58 F. R, 557, Na 169, note 3. McCandless, U. a v.,' 147 U. 8., 693, see p. 516. McConaughy, U. a v., 33 F. R, 168, Na 313, note 3. McDermott, U. a v., 140 -U. S., 151, see p. 531. McKinstry v. U. a, 34 F. R, 211, see p. 521. Means, U. a v., 42 F. R, 599, Na 624» note 2. Mills, U. a v., 7 Pet, 138, Na 344, note 1. Milner, U. a v., 36 F. R, 890, Na 143, note 1 ; No. 156, note 3. Monroe Cattle Co. v. Becker, 147 U. a, 47, Na 6, note 4. Moore, U. a v., 11 F. R, 248, Na 115, note 1. Morrissey, U. a v., 33 F. R, 147, Na 159, note 2. Morrow Shoe Manuf g Co. v. New England Shoe Ca, 57 F. R, 685, Na 74R, note 1. Nelson, U. S. v., 1 AbU U. S., 185, Na 226, note 1. Noelke, U. S. v., 1 F. R, 426, Na 6, note 16; No. 810; notes 1 and 3; Na 318, note 1. Northway, U. S. v., 120 U. S., 837, Na 634, note 1. One Raft, U. S. v., 13 F. R, 796, Na 685, note 1. Otey, U. a v., 81 F. R, 68, (12 Saw- yer, 416,) Na 333, note 1. Patrick et al., U. S. v., 58 F. R, 356, Na 154, note 1. XII CASES CITED. Patrick et al, V. S. v., 54 F. K., 338, No. 154, uotes 1 and 4. Patterson, U. S. v., 150 U. S., 65, see p. 516. Patty, U. S. v., 2 F. R., 664, No. 285, note 3 : No. 440, note 2. Pettlbone, U. S. v., 148 U. S., 197, No. 143, note 1 ; No. 156, note 2. Polite ei al., U, S. v., 35 F. E., 58, No. 7, note 1. Potter, U. S. v., 56 F. R, 83, No. 620, notes 1 and 5. Potter, U. S. v., 56 F. R, 97, No. 620, note 3. ^ Reichert, U. S. v., 32 F. R, 142, No. 6, note 1 ; No. 121, note 2 ; No. 154, note 1 ; No. 487, note 4. Rex V. Hynes, 4 M. & S., 221, No. 6, note 14. Rodgers, TJ. S. v., 150 U. S., 349, No. 221 (2), note 2. Sander, U. S. v., 6 McLean, 598, No. 343, note 3 ; No. 385, note 2. Scott V. Neely, 140 U. S., 106, No. 748, note 1. Simmons, U. S. v., 96 U. S., 860, No. 458, note, (p. 362) ; No. 508, note 1; No. 510, note 1. Singleton, U. S. v., 54 F. R, 488, No. 313, note 4. Slenker, U. S. v., 33 F. R, 691, No. 285, note 1. Smith, U. S. v., 40 F. R, 755, No. 7, note 1. Smith, U. S. v., 45 F. R, 561, No, 436, note 1. Staats, U. S. v., 8 How., 41, No. 6, note 9 ; No. 63, note 1 ; No. 81, note 2 ; No. 83, note 1. Stanton v. U. S., 37 F. R, 352, see p. 531. Stevens, Com. v., 1 Mass., 204, No. 60, note 3. Strickland, U. S. v., 25 F. R,. 469, No. 7, note 1. Swain v. The People, 4 Scam., 178, No. 231, note 1. Taylor, U. S. v., 57 F. R, 391, No. 177, note 3 ; No. 264, note 2 ; No. 494^ note 1. Taylor, U. S. v., 147 U. S., 695, see p. 516. The Erastus Corning, 35 F. E., 572, No, 635, note 3. The Idaho, 29 F. R, 187, No. 630, notrs 3 and 4. The Julia, 57 F. R, 233, No. 643, note 1. the Sarah, 8 Wheat, 391, No. 630, note 1. The Thompson, 3 Wall., 155, No. 743, note 1. Trice, U. S. v., 30 F. R, 490, No. 321, note 1. Tuthill V. U. S., 38 F. R, 538, see p. 521. Van Duzee, U. S. v., 140 U. S., 169, see p. 516. Van Hoorebeke v. U. S., 46 F. R, 456, see p. 531. Waddell, U. S. v., 112 U. S., 76, No. 158, note 3. Walsh, U. S. v., 33 F. R, 644, No. 213, note 3. Wan Lee, U. S. v., 44 F. R, 707, No. 6, note 3. Warner, U. S. v., 59 F. R, 355, No. 394, note 1. Waters, U. S. v., 133 U. S., 208, see p. 521. Wentworth, U. S. v., 11 F. R, 52, No. 72, note 1 ; No. 95, note 1. Wight, U. S. v., 38 F. R, 106, No. 343, note 1 ; No. 344, note 1 ; No. 348, note 1. Wilson, Ex parte, 114 U. S., 417, No. 7, note 1. Wilson, U. S. v., 58 F. R, 768, No. 294, note 1. Yarbrough, Ex parte, 110 U. S., 651, No. 154, note 5. FORMS ADAPTED TO CEIMINAL CASES. GENERAL FORMS OF INDICTMENTS, ETC. General form of an indictment consisting of several counts. No. 1 (1). IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term, in the year of our Lord eighteen hundred and . District of ,sct. — The grand jurors for the United States of America, inquiring for the District of , upon their oath present, that James Walsh junior, late of the city of , in the said district, on the fifteenth day of March, in the year of our Lord eighteen hundred and ninety-three^^X aforesaid, in the district aforesaid, unlawfully did ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. No. 2 (2). And the grand jurors aforesaid,' upon their oath aforesaid, do further present, that the said James Walsh junior, on the twenty-sixth day of April, in the year of our Lord eighteen hundred and ninety-three, at aforesaid, in the district aforesaid, ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. No. 3 (3). And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said James Walsh junior, on the said Pwenty-sixth day of April, in the year aforesaid, at the said city of , in the district aforesaid, ; 1 See 1 Arch. Cr. Pr. & PI. 76. 4r F0EM8 ADAPTED TO OEIMINAL CASES. against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. ' United-States Attorney. General form ol an indictment in two counts. Alias dictus. No. 4: (1). IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . United States of America, Of the Term, in the year of our Lord eighteen hundred and . District of , j set. — The grand jurors of the United States of America, chosen, selected and sworn in and for the District of , in the name and by the authority of the said United States, upon their oaths present, that James H. Cooh, otherwise called^ J. A. Parks, late of C , in the said district, on the day of , in the year of our Lord eighteen hundred and , within the district aforesaid, ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. No. 5 (2). And the grand jurors aforesaid, upon their oaths aforesaid, do further present, that the said James H. Cooh, otherwise called J. A. Parks, late of aforesaid, in the said dis- trict, heretofore, to wit, on the said day of , in the same year of our Lord eighteen hundred and , to wit, at C aforesaid, in the District of aforesaid, ; he the said James H. Cook, otherwise called J. A. Parks, ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. , United-States Attorney. 1 As to describing a defendant with an alias dictus, see 1 Chitty Cr. L. 203. GENERAL FOEiyiS OF INDICTMENTS, ETC. 6 General form of an indictment, showing modes of alleging names, time and various facts, and giving citations to authorities. No. 6. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF ILLINOIS, NORTHERN DIVISION. Of the October Adjourned Term, A. D.' 189-. Northern, District of Illinois, ] Northern Division, j set. — Ttie grand jurors for the United States of America, inquiring for the Northern Division'' of the Northern District of Illinois, upon their oath' present, that heretofore, to wit, on the second day of September, in the year of our Lord eighteen hundred and ninety-three, at the city of Chicago, in the said division and district, one H.^ B. Smith (whose Christian name is to the said grand jurors un- known,) was ; And that Joseph Patterson the younger^ late of the city of Chicago aforesaid, on the same day and year aforesaid, being" , unlawfully' and feloniously' did 1 That the initials A. D. may be used in indictments to indicate the year of our Lord, and that Arabic numbers and Roman letters have become indicative of numbers as fully as words written out could be, see observa- tions of Mr. Justice Field, in JJ. 8. v. Reichert, 33 F. R. 143. 2 See U. S. V. Wan Lee, 44 F. R. 707 ; I^gan v. U. S., 144 U. S. at p. 297 ; 1 Chitty Cr. L. 196. 'See 1 Chitty Cr. L. 176 ; 1 Arch. Cr. Pr. & PI. 76. * That the use of initials for the Christian name should be avoided, see Monroe Cattle Co. v. Becker, 147 U. S. 47, and cases cited, 5 See 1 Chitty Cr. L. 310, 311. « The usual and better course is to state the defendant's addition of the same place as that where the offense was committed. 1 Chitty Cr. L. 210. ' A direct averment : U. S. v. Borneman, 36 F. R. 257 ; 1 Chitty Cr. L. 285 : but see U. S. v. Hoeflinger, 33 F. R. 469. 8 " The term ' unlawfully,' which is frequently used in the description of the offense, is unnecessary, wherever the crime existed at common law, and is manifestly illegal. But if a statute, in describing an offense which it creates, uses the word, the indictment founded on the act will be bad, if it be omitted ; and it is, in general, best to insert it, especially as it precludes all legal cause of excuse for the crime," 1 Chitty Cr, h. 241, 9 The word feloniously need not be used where a felonious intent, within the meaning of the common law, is no part of the description of the offense, and where the offense is complete, under the statute, without it, — its being a 6 FORMS ADAPTED TO CRIMINAL CASES, the Chicago City Eailway, (a corporation then and there " existing under that name,) to a certain person or per- sons by the designation of Post & Mail certain persons using the style and firm of Chapin & Gore certain per- sons to the said grand jurors unknown " (corporations under those names respectively,) (a. corporation under that name,) divers persons to the grand jurors afore- said as yet unknown as follows, that is to say, of the tenor ^^ following, to wit: there and then, to wit, on the day and year first aforesaid certain of the moneys, funds and credits of the said banking association, then and there being, to the amount and of the value of '^ dollars . And the grand jurors aforesaid, upon their oath afore- said, do further " present, that . And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said Joseph Patterson the younger, on the said second day of Septemler, in the year of our Lord eighteen hundred and ninety-three, at Chicago aforesaid,'' in the division and district aforesaid, in manner and form aforesaid, feloniously did make felony being a conclusion of law from the acts done with the intent de- scribed. See U. S. V. Siaats, 8 How. 41 ; U. S. v. Coppersmith, 4 F. R 198; U. S. V. Koch, 31 Id. 873. '" Time and place, having been once alleged with certainty in the body of the indictment, are to be repeated, usually by means of the words then and there, to every material fact which is issuable and triable, 1 Chitty Cr. L, 198, 231. See note 15, infra. "Seel Chitty Cr. L. 313. 12 See 1 Bishop Cr. Proc. § 559; 1 Chitty Cr. L. 333. 13 Exact sum stated need not be proven. U. S. v. Harper, 33 F. R 471. See also 1 Chitty Cr. L. 174, 238. " It is a general rule which runs through the whole criminal law, that it is safficient to prove so much of the indictment as shows that the defendant has committed a substantive crime therein specified ; and in the case of re- dundant allegations it is sufficient to prove part of what is alleged according to its legal effect, provided that that which is alleged, but not proved, be neither essential to the charge, nor describe or limit that which is essential" 1 Chitty Cr. L. 350. H See 1 Chitty Cr. h. 176, citing Rex v. Haynes, 4 M. & a 231, holding that this expression is proper, and does not necessarily indicate a new count See also Bishop Cr. Proc. § 133. 15 " It is not necessary to repeat the whole description of the venue, and therefore, 'at Fort St. George aforesaid,' was held sufficient, it having been previously more particularly described." 1 Chitty Cr. L 198, citing 5 T. R 616, See note 10, supra. GENERAL FOEMS OF INDICTMENTS, ETC. 7 and cause ^'' to be made ; against the peace and dignity '' of the said United States, and contrary to the form of the statute thereof in such case made and provided. United-States Attorney. General form of a criminal information ' consisting of sev- eral counts. No. 7 (1). IN THE DISTRICT COVRT OF THE UNITED STATES OP AMERICA FOR THE DISTRICT OF . Of the Term, in the year eighteen hundred and ninety-three. District of , set. — Be it remembered, that -^ , Attorney of the United States of America for the District of , who for the said United States in this behalf prosecutes, in his own person comes here into the District Court of the said United States for the district aforesaid, on this twenty-second day of November, in this same term, and for the said United States gives the court here to understand and be informed, that Lewis Cohn, late of the city of , in the said district, 16 Not double. See U. S. v. Hull, 14 F. R. 335, and cases cited ; 1 Chitty Cr. L. 251. For other cases on the subject of duplicity, see U. 8. v. Noelke, 1 F. R. 426, (" letter and circular ") ; U. S. v. Corbin, 11 Id. 238, (" writing and aflSdavit ") ; U. S. V. Fero, 18 Id. 901, (" receiving money under threat of informing and as a consideration for not informing," same transaction) ; U. S. v. Byrne, 44 Id. 188, (" embezzling a letter and stealing its contents "). " See 1 Chitty Cr. L. 248. ' See No. 630, note 1, concerning the nature of informations generally ; and 1 Chitty Cr. L., " Of Criminal Informations," per totum. The district attorney must first have leave of court to file a criminal in- formation ; and the court may require him to first bring the accused before the court to show cause against the filing thereof. U. S. v. Smith, 40 F. R. 755 ; U. S. V. Baugh, 1 Id. 784, 788. The information must be based on oath or affidavit, stating the charge substantially in the language of the statute creating the offense. U. S. v. Baugh, supra; U. 8. v. Strickland, 25 F. R, 469 ; U. S. v. Polite et al, 85 Id. 68. Infamous crimes — crimes punishable by imprisonment in a State prison or penitentiary — cannot be prosecuted by information. Ex parte Wilson, 114 U. S. 417 J Mackin v. U. 8., 117 Id. 348. 8 F0EM8 ADAPTED TO OEIMINAL CASES. on ihQ first day of July, in the year of our Lord eighteen hun- dred and nmety-three, at aforesaid, in the district afore- said, ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. No. 8 (2). And the said Attorney of the said United States, who pros- ecutes as aforesaid, for the said United States further gives the court here to understand and be informed, that the said Lewis Gohn, on the first day of October, in the year of .our Lord eighteen hundred and ninety-three, at aforesaid, in the district aforesaid, ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. No. 9 (3). And the said Attorney of the said United States, who pros- ecutes as aforesaid, for the said United States further gives the court here to understand and be informed, that the said Lewis Gohn, on the fifth day of October, in the same year eighteen hundred and ninety-three, at the said city of , in the district aforesaid, , to the said Attorney unknown, ; against, etc., \as before']. No. 10. Whereupon the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays the consideration of the court here in the premises, and that due process of law may be awarded against him, the said Lewis Gohn, in this behalf, to make him answer to the said United States concerning the premises aforesaid. United-States Attorney. Plea of nolo contendere^ to an indictment. No. 11. IN THE COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term, in the year of our Lord eighteen hundred and . The United States, etc. ) No. ■. vs. f Indictment. M J. C . * And the said M J. , in his own person [or, by , his attorney,] comes into the court here, on this day, and protesting that he is not guilty of the several offenses in the said indictment above charged against him, nevertheless for plea to the said indict- ment says, that he will not contend with the said United States in respect of the matters and things therein alleged against him. M J. . [Or, M J. , by , his attorney.] Plea of nolo contendere to an information. No. 12. IN THE COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . March Adjourned Term, 189-. The United States of America \ No. . vs. > Information. L H. B . ) And the said L H. B , by E I. C- , his attorney duly empowered, comes into the court here, on this day of , in this same term; and thereupon the said L H. B , protesting that he is not guilty of the offenses, or either of them, in the said information charged against him, nevertheless, for plea to the said information says, that he will not contend with 1 This plea is often preferred to a plea of guilty, because it avoids a record admission of facts, which may be used in a civil case against the defend- ant. It seems that at common law this plea was admissible only in cases of misdemeanor. See 1 Bish. Cr. Proc. §§ 803, 803, 804; Lewis v. U. S., 146 U. S. 370. 10 FOEMS ADAPTED TO CEIMINAL OASES. the said United States concerning the matters in the said in- formation alleged, etc. L H- ^ , By E I. C , his attorney. Recognizance, before a Clerk, to appear to answer to an in- dictment. No. 13. We, W T. E , of , as principal, and H W. II , of , as surety, jointly and severally acknowledge ourselves to be indebted unto the United States of America, in the sum of dollars, lawful money of the said United States, to be levied of our goods and chattels, lands and tene- ments, upon this condition : That if the said "W T. E^ , from day to day during the present term, shall personally be and appear before the Court of the said United States for the District of , at the Court-House of the said United States, in the city of , in the said district, and from day to day thereafter dur- ing this and subsequent terms, then and there to answer to such matters and things as shall be objected against Mm on behalf of the said United States, in a certain indictment now pending in the said court against him for violation of the laws of the said United States, and shall abide the order and judgment of the said court in that behalf, and not depart the said court without leave thereof, then this recognizance to be void ; otherwise to remain in full force and virtue. . [Seal] . [Seal] Subscribed and acknowledged this day of , 189-, before me, , Clerk. Warrant of United-States District Judge to apprehend one standing indicted in another district; Marshal's return thereon; and order of judge for removal of prisoner to the other district for trial. No. 14. District of , set.— The Marshal of this district is com- manded, in the name and by the authority of the United GENERAL FOEMS OF INDICTMENTS, ETC. 11 States of America, to apprehend the within-named ' , if found in this district, and to bring Mm forthwith before me, at my chambers in , in order that he may be dealt with according to law. Chicago, - — , 189- District Judge. No. 15. I have apprehended the above-named , and have Mm now before the District Judge of the United States for my district, at his chambers in , as I am above com- mandedj this day of , 189 — . U. S. Marshal, Dist. of . No. 16. District of '-, set. — The within-named having been brought before me, and identified ; and it appearing, by a duly authenticated copy of an indictment, that he stands in- dicted in the Court of United States for the Dis- trict of , for violation of Section of the Eevised Statutes of the said United States ; and the said having been by me required to give bail in the sura of dollars, for Ms appearance to answer to the said indictment, and having failed to give such bail: Now the Marshal of this- District of is hereby commanded, in the name and hy the authority of the said United States, forthwith to remove the said to the said District of , and there to deliver Mm to the Marshal of that district, in order that the said • may be further dealt with according to law. Chicago, , 189-. , District Judge. 1 Referring to the authenticated copy of the indictment attached, and mentioned in the order of removal following. 12 FOEMS ADAPTED TO CRIMINAL OASES. Warrant, issued by a United-States District Judge, for the removal of a prisoner or prisoners committed by a United-States Commissioner in default of bail for his or their appearance in another district for trial ; and Clerk's certificate to genuineness of the judge's signa- ture, and that he is duly commissioned and qualified. No. 17. The Peesident oe the United States of Ameeica, to the Marshal of the said United States for the District of , Greeting : Whereas ha — been apprehended, and brought for examination before , a Commissioner of the Circuit Court of the United States of America for the District of , by virtue of a warrant of the said Commissioner, issued upon complaint in writing, on oath, charging the said with having, on the day of , A. D. 189-, within the District of , [state briefly the nature of the offense;'] ' And whereas upon such examination, there appearing to be probable cause to believe the said guilty of the said offense, the said Commissioner has ordered the said to enter into recognizance, with suflBcient surety, in the sum of dollars, for — h — appearance for trial on the said charge, at the term of the Court of the said United States for the said District ^ of , or in default thereof that — h — be committed to the jail of the county of , in the said District of : And whereas the said ha — not offered such recognizance and ha — accordingly been committed as aforesaid : Now, therefore, you are hereby commanded, that with all convenient speed you take the said and remove and convey — h — to the said District of , and — ^h — safely deliver to the Marshal of the said United States for that dis- 1 Judge Blodgett once refused to sign an order for the removal of a pris- oner until the offense should be more fully described therein, and cited the 27th verse of the 86th chapter of Acts, wherein Paul says, "For it seemeth to me unreasonable to send a prisoner, and not withal to signify the crimes laid against him." 2 See Sec. 1014, R. S. GENEEAL FORMS OF INDICTMENTS, ETO. 13 trict, there to be dealt with according to law for the said offense; and for so doing this shall be your sufficient warrant. Given under my hand and seal, at , in the said District of , this day of , A. D. 189-, and in the year of the independence of the said United States. , (Seal.) District Judge, District of . No. 18. District of , set.— I, , Clerk of the District Court of the United States of America for the District of , do hereby certify, that 1 am well acquainted with the handwrit- ing of , whose name is subscribed to the foregoing warrant ; and that the signature thereto, purporting to be his, is his genuine signature ; that he was at the time of signing the said warrant, and is now, District Judge of the said United States for the said District of , duly commissioned and qualified ; ' and that, as such, full faith and credit are due to all his official acts. In witness whereof, I have hereunto set my hand and the seal of the said court, at , in the said district, this day of , A. D. 189-, and in the year of the independence of the said United States. Clerk. Warrant issued by a United-States District Jndge, for the removal of prisoner or prisoners to another district for trial; the Marshal's receipt showing delivery; and his return; to all of which a copy of a United-States Commissioner's commitment is to be annexed. No. 19. H W. B , Judge of the District Court of the (L. S.) United States of America for the District of , to the Marshal of the same district. Greeting: Whereas ha — been committed to jail under and by virtue of a commitment made by a United-States Commis- 1 See Sec. 906, E. & 14 FOKMS ADAPTED TO CRIMINAL 0A8ES. sioner for this district, a copy of which commitment is hereto annexed ;> and the TJnited-States Attorney for this district has made application to me for a warrant for the removal of the said prisoner — , under the provisions of Section 1014 of the Revised Statutes, to the — - District of , in which dis- trict the offense for which ha— been so committed is to be tried ; and the said prisoner — ha — been brought before me, and due examination of the matter has been made : Therefore you are hereby commanded, in the name and by the authority of the said United States, that you forthwith remove the said prisoner ^-, now in your custody, to the said • District of , and there deliver ■ to the Marshal of that district, in order that the said prisoner — may be dealt with according to law. Given under my hand, and the seal ^ of the said District Court, at , in the said District of , this day of , A. D. 189-, and of the independence of the said United States the year. Attest : District Judge.' Clerk. No, 20. Received * the prisoner — — , named in this warrant, from , Marshal of the District of , at , in the District of , this day of , A. D. 189- U. S. Marshal, District of . By , Deputy. ' The copy of the commitment will state the nature ot the offense com- mitted. See No. 44 for form of a commitment ^ Seal to be put at the top, as indicated by the initials " L. S." 3 See Sees. 911 and 913, E. S. * Although Sec. 1039, R S., says, " Only one writ or warrant is necessary to remove a prisoner from one district to another. One copy thereof may be delivered to the sheriff or jailer from whose custody the prisoner is taken, and another to the sheriff or jailer to whose custody he is committed, and the original writ, with the marshal's return thereon, shall be returned to the Clerk of the district to which he is removed," it is advisable for the Marshal to have the judge execute two copies of the original writ, one of GENBBAL FOBMS OF INDICTMENTS, ETO. 15 No 21. By virtue of this warrant, I removed the prisoner ■, therein named, to , in the - — District of , and there delivered to the Marshal of that district, the day of , A. D. 189-. U. S. Marshal, District of . By , Marshal's fees s -. Deputy. Order of court for bench-warrants, to issue at the rcQiuest of the United-States District Attorney. No. 22. On this day comes the District Attorney, and files criminal informations in the several causes above entitled : And reason- able and probable grounds appearing, supported by oath in writing, in the said several causes, it is ordered by the court that bench-warrants issue, upon request of the District Attor- ney, for the apprehending of the said defendants respectively ; and further, that bail be fixed at the sums respectively en- dorsed upon the said informations. Pracipe for a bench-warrant, for apprehending one in- dicted. No. 23. UNITED STATES DISTRICT COURT, DISTRICT OF . The United States of America ) ^ ^^" \ Indictment. G K. S . ' Let a bench-warrant or capias issue, as above, returnable forthwith, for apprehending the above-named G K. S , which he may return to the Clerk of his own district, with the receipt of the Marshal of the gther district, for the prisoner, filled out. This docu- ment, in the files of the Clerk's ofiSce of the district from which the pris- oner is removed, should be satisfactory evidence to the examiner of the Department of Justice that the service charged for by the Marshal of that district has been in fact performed. 16 FOEMS ADAPTED TO CRIMINAL CASES. and bringing him into court, there to do and submit to what the court shall order herein. ■ '' United-States Attorney. To , Esq., Clerk. Justification of Ibail of one indicted in a United-States court. No. 24. The United States of America vs. G K. S . In the Court of the United States of Amer- ica for the District of ]^o. Indictment. A. W , proposing to become bail and surety for the defendant, G E. S , in this behalf, makes oath and says as follows, to wit : My name is C A. W . I reside at . My occupation is [that of a .] I own in fee-simple, and in my own name and right, the following real estate, situate in the District of : [The house and lot being the premises No. S71 East Street, in aforesaid, which premises are worth at least dollars; also the house and lot being the premises No. 30^2 Ave- nue, in aforesaid, which premises are worth dollars.] And the deed[s] conveying the same to me ha[ve] been duly recorded. The said real estate is free and clear of all liens and incum- brances whatsoever, [except .] I also own personal property, in my own name and right, within the said district, to the value of at least dollars, which personal property is free and clear of all liens and in- cumbrances whatsoever, [except .J There is no judgment in force against me or my property" in any court of record within the said district, [except •■ .] GENEEAL FOKMS OF INDICTMENTS, ETC. 17 I am not indebted or liable in any manner to exceed dollars. I am worth at least dollars, over and above all my liabilities. C A. W . Subscribed and sworn be- fore me by the above-named C A. W , at , in the District of , this 25th day of , A. D. 189-. E A. D , TJ. S. Commissioner. Bail-bond on error from a United-States Circuit Court of Appeals to a District or Circuit Court, in a case where a supersedeas has been granted. No. 25. Know all men by these presents, that we, A B , as principal, and C --D and E F , as sureties, are held and firmly bound unto the United States of America in the sum of fioe thousand dollars ; for the payment of which, well and truly to be made, we bind ourselves, our heirs, exec- utor and adminstrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this day of , in the year one thousand eight hundred and ninety . The condition of this obligation is such, that whereas on the day of , by the consideration of the [District, — or, Circuit] Court of the said United States for the District of , in a certain criminal cause, to wit, a certain indict- ment [ — or, information] against the above-named A B , for [here state the nature of the offense'], (being criminal cause No. in that court,) the said A B was ad- judged and sentenced to ; and whereas, upon the petition of the said A B , G H , [District Judge of the said United States for the District of ■, at , within his district, — or, a Circuit Judge of the said United States for the Circuit, at , within his circuit,] ^ has allowed a writ 1 See Supreme-Court Eule 36 : 139 U S. 706. 18 FOEMS ADAPTED TO CRIMINAL CASES. of error from the Circuit Court of Appeals of the said United States for the said circuit to the said [District,— or. Circuit] Court, upon the judgment and sentence aforesaid, and has or- dered that such writ of error operate as a sta}' of proceedings under the said judgment and sentence, and that the said A B be admitted to bail in that behalf in the sum olfive thou- sand dollars above mentioned; and whereas such writ of error has issued accordingly, and the citation in that behalf has been issued : Now if the said A B shall personally be and appear before the said [District, — or, Circuit] Court, on the first day of the next regular term thereof, (to be held at the United-States Court-House in , in the said district, on the Monday of next,) and from day to day thereafter during that and subsequent terms, until the determination of the said writ of error, and shall not, at any of the terms of the said [District, — or, Circuit] Court, depart that court with- out leave thereof, and shall, in case the judgment and sen- tence aforesaid is affirmed, surrender himself to the custody of the [Marshal of the said United States for the district aforesaid, — or, Keeper of the common jail of the county of , in the said district, — or, Warden of the penitentiary of the state of at , or other officer from whose custody he is hailed,'] then this obligation shall be void, and otherwise shall remain in full force. . (Seal.) . (Seal.) . (Seal.) Bond for costs on error from a United-States Circuit Court of Appeals to a District or Circuit Court, in a crim- inal case. No. 26. Know all men by these presents, that we, A B , as principal, and C D and E F , as sureties, are held and firmly bound unto the United States of America in the sum of two hundred and fifty dollars ; for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this GENERAL FORMS OF INDICTMENTS, ETC. 19 day of , in the year one thousand eight hundred and ninety . The condition of this obligation is such, that whereas on the day of ■ , by the consideration of the [District, — oi\ Circuit] Court of the said United States for the District of , in a certain criminal cause, to wit, a certain indict- . ment [ — or, information] against the above-named A B , for , (being criminal cause No. in that court,) the said A B was adjudged and sentenced to ; and whereas upon the petition of the said A B , Gr H , [District Judge of the said United States for the Dis- trict of , at , within his district, — or, a Circuit Judge of the said United States for the Circuit, at , within his circuit,] ' has allowed a writ of error from the Circuit Court of Appeals of the said United States for the said circuit to the said [District, — or. Circuit] Court, upon the judgment and sentence aforesaid, and such writ of error is about to issue accordingly : Now if the said A- B shall pros- ecute the said writ to effect, and shall abide the judgment of the said Circuit Court of Appeals in that behalf, and shall answer all costs in case he shall fail to make good his plea, then this obligation shall be void, and otherwise shall remain in full force. . (Seal.) . (Seal.) . (Seal.) J See No. 25, note. GENERAL FORMS OF COMPLAINTS, ETC. General form of complaint before United-States Commis- sioner. No. 27. District of , set.— On this day of , A. D. 189-, at the city of ; in the District of , before —■ , a Commissioner of the Circuit. Court of the United States of America for the said district, comes , of , and upon his oath complains and says, that [he has just and reasonable grounds to believe, and does verily believe, that] A B junior, late of , on or about the day of , A. D. 189-, at aforesaid, in the said district, unkmfuUy did^ i contrary to the form of the statute in such case made and provided, viz., Section . "Wherefore this complainant prays that the said A B junior may be apprehended, and further dealt with accord- ing to law. • Subscribed and sworn before me by the above-named , the day and year first above written. , Commissioner. Oeneral form of complaint^ in several counts, before a United-States Commissioner. Ko. 28. District of , set.— On this day of , A. D. 189-, at the city of , in the District of , before • , a Corn- 1 The ofiFense may be here charged in the same manner as it is in an in- dictment, but usually with less particularity. The proper form may be found by referring to the index. 21 missiober of the Circuit Court of the United States of America for the said district, comes "W" Q , of the city aforesaid, and upon his oath complains and says, that J K. F , late of the same city, on or about the day of , A. D. 189- at aforesaid, in the said District of , and within the jurisdiction of the said United States, ; contrary to the form of the statute in such case made and provided, viz., Sec- tion of the Eevised Statutes of the said United States. And this complainant further upon his oath complains and says, that the said J K. F ■, on or about the day and year last aforesaid, at the said city of , within the district and jurisdiction aforesaid, ; contrary to the form of the statute in such case made and provided, viz.. Section of the Eevised Statutes aforesaid. Wherefore this complainant prays that the said J K. F may be apprehended and further dealt with according to law. . Subscribed and sworn before me by the above-named W Q , the day and year first above written. 5 Commissioner, General form of complaint, before United-States Commis- sioner, against one indicted in another district for an ofi'ense against the United States. No. 29. Norihern District of , | Northern Division^ \ set. — On this day of , A. D. 189-, at the city of , in the said division and district , before , a Commissioner of the Circuit Court of the United States of America for the said district, comes , of [the said city^'\ and upon h — oath complains and says, that — h — has good cause to believe, and does verily believe, that , otherwise called , late of the 22 FORMS ADAPTED TO CRIMINAL CASES. city of , in or about the month of , A. D. 189-, in the District of , {charge the offense'] ; for which offense the said , otherwise called , stands indicted in the Court of the said United States for the said District of , under Section of the Eevised Statutes of the said United States. "Wherefore this complainant prays that the said , otherwise called ■, may be apprehended, and further dealt with according to law^ . Subscribed and sworn be- fore me by the above-named , the day and year first above written. Commissioner. General form of complaint, Ibefore United-States Commis- sioner, for carrying on business withont paying the internal-revenue special tax. Ko. 30. District of , set. — A J. P , of , makes oath and says ; That [he has just and reasonable grounds to be- lieve, and does verily believe, that] , on or about the day of , A. D. 189-, at , in the District of , unlawfully did carry ^ on the business of a , [and the business of a ,] without having paid the special tax[es] therefor [respectively] as required by law; contrary to the form of the statute in such case made and provided. Sworn and subscribed be- fore me by the above-named A J. P this ^ day of , A. D. 189-. Commissioner of the Circuit Court of the United States of America for the District of . 1 Fox* manner of charging other offenses against the internal-revenue laws, see Nos. 488^613. GENERAL FORMS OF COMPLAINTS, ETC. 23 General form of complaint before United-States Commis- sioner. No. 31. District of , set.— J A. S , of the city of - in the District of , makes oath and says, that J- D , of the same city and district, on the day of ■ in the year 189-, in the city and district aforesaid, unlawfully did Sworn and subscribed before me by the above-named J — - A. S , this day of , A. D. 189- Commissioner of the Circuit Court of the United States for the District of - — . Oeneral form of complaint, in several counts, before United-States Commissioner. No. 32. District of , set.— A. Si. John C , of the city of - in the District of , [Deputy Collector of Internal Eevenue,] makes oath and says, that he has good cause to believe, and does verily believe, as follows, that is to say : That W L , late of the same city and district, on or about the day of , in the year 1^9-, in the city and district aforesaid, and within the I^irst Internal-Eevenue Col- lection-District of , unlawfully did And that the said W L , on or about the day afore- said, in the city and district aforesaid, unlawfully did Contrary to the form of the statute of the said United States in such case made and provided. . Sworn and subscribed before me by the above-named A. iSt. John O , this day of , A. D. 189-. Commissioner of the Circuit Court of the United States for the District of . 24 FOEMS ADAPTED TO CRIMINAL CASES. Form of complaint, before a United-States Commissioner, on Sec. 5457, B. S., for passing counterfeit money, against persons whose names are unknown, Ibut who are described in a separate paper. No. 33. District of , sot. — On this 15th day of April, A. D. 189^, at the city of , in the District of , before F B , a Commissioner of the Circuit Court of the United States of America for the said district, comes "W A. M , of aforesaid, and upon his oath complains and says, that he has good cause to believe, and does verily believe, that two per- sons, whose names are to this affiant unknown, but who are described in the paper hereto attached, on or about the 12th day of April, A. D. 189Ji,, at aforesaid, in the said Dis- trict of , unlawfully did utter and pass,^ with intent to de- fraud one J P. H , a false and counterfeit coin in similitude of the silver coin, called a dollar, heretofore coined at the mints of the said United States; they the said persons unknown, at "the time when they so uttered and passed the said false and counterfeit coin, well knowing the same to be false and counterfeit ; and that the same persons whose names are unknown as aforesaid, on or about the 13th day of April, A. D. 189Ji., in the city and district aforesaid, with intent to defraud the said J P. H , unlawfully did utter and pass another false and counterfeit coin in similitude of the silver coin, called a dollar, heretofore coined at the mints of the said United States ; they the said persons unknown, at the time when they so uttered and passed the last-mentioned false and counterfeit coin, well knowing the same to be false and counterfeit ; contrary to the form of the statute in such case made and provided, viz., Section 5457 of the Eevised Statutes of the said United States. "Wherefore this complainant prays that the said persons un- known may be apprehended, and further dealt with according to law. "W A. M . Subscribed and sworn before me by the above-mentioned W A. M , the day and year first above written. F B ^ Commissioner. , 1 Foi- manner of ' barging otiier offpnses of this nature, see Nos. 33't-263. GENBEAL FOEMS OF COMPLAINTS, ETC. 25 Paper describing the persons unknown, mentioned in tlie foregoing complaint. No. 34. 1. American ; about 25 years old ; about 5 feet and 10 inches high ; weight about 160 pounds ; medium build ; shaven face. "Wore black round-top hat, and dark-colored sack coat. No. 35. 2. American; age about 20 to 23 years; 5 feet 6 inches high ; stoutish build ; sallow complexion ; black hair ; no beard, nor moustache. Genteel in appearance. Wore dark sack coat and silk hat. Form of complaint before a United-States Commissioner, showing the use of general terms in charging oifenses and the manner of charging several offenses in one count. N'orthern District of ■ No. 36. f set. — On N'orthern Division^ ) set. — On this day of , A. D. 189-, at the city of , in the Northern Division of the N'orthern District of , before , a Commis- sioner of the Circuit Court of the United States of America for the said district, comes W "W. H , of the said city of , and upon his oath complains and says, that he has good cause to believe, and does verily believe, that E D , late of the said division and district, within three months last past, in the town of , and the division and district aforesaid, did falsely make and forge divers coins (the precise number whereof is to this affiant unknown) in resem- blance and similitude of the copper-nickel coin, called a five-cent piece, heretofore coined at the mints of the said United States ; and did knowingly have in his possession divers like false and forged coins, (the precise number whereof is to this aiflant 1 See No. 6, note 2. 26 FORMS ADAPTED TO CRIMINAL CASES. unknown,) with intent to defraud divers persons to this affiant unknown; and did knowingly utter and pass three like false and forged coins, with intent to defraud one C K ; contrary to the form of the statute in such case made and provided, viz.. Section 5458 of the Kevised Statutes of the said United States. Wherefore this complainant prays that the said E D may be apprehended, and further dealt with according to law. W W. H . Subscribed and sworn be- fore me by the above-named W— "W. H , the day and vear first above written. Commissioner. General form of complaint sworn to before a clerk of a state court, and upon which a United-States Commissioner may issue a warrant.^ No. 3Y. Northern District of , ) County of , j set. — W B , of , in the Northern District of , makes oath and says, that W B . Sworn and subscribed before me by the above-named W — B , this day of , A. D. 189-. Witness my hand and official seal. G S. A , (L. S.) Clerk of County Circuit Court. United-States Commissioner's warrant to apprehend. No. 38. The President of the United States of America, to the Marshal of the Northern District of , Greeting : Whereas complaint in writing, on oath, has been made to the undersigned , a Commissioner of the Circuit Court of 1 See Ex parte BoUman, 4 Cranch, 75. GENEEAL FOEMS OF COMPLAINTS, ETC. 27 the said United States for the district aforesaid, charging that , on or about the day of - — , A. D. 189-, at , within the District of , did violate the laws of the said United States, to wit, Section : Now, therefore, you are hereby commanded, that you take the said (if — he — be found within your said district,) and — h — safely keep, so that you have bod — forthwith before the under- signed, Commissioner as aforesaid, at his oiBce in , in the said district, (or in case of his absence, or inability to act, be- fore any other judicial oflBcer having jurisdiction,) in order that the said may be dealt with according to law. And have you then and there this writ, with a return of your doings hereon. Witness the hand and seal of the said Commissioner, at aforesaid, this day of , A. D. 189-, and of the inde- pendence of the said United States the year. (L.S.) , U. S. Commissioner. United-States Commissioner's subpoena. No. 39. The Peesident of the United States of Ameeica, to the Marshal of the Northern District of , Greeting : We command you, that you summon if be found in your district, to be and appear before the under- si£:ned , a Commissioner of the Circuit Court of the said United States for the Northern District of , at his office in the city of , in the district aforesaid, to testify for the in the matter of against — . And this shall in no wise omit. Witness the hand and seal of the said Commissioner, at aforesaid, this day of , in the year (L. S.) of our Lord eighteen hundred and — — , and of the independence of the said United States the year. , U. S. Commissioner. 28 FORMS ADAPTED TO CRIMINAL CASES. Becognizance of defendant on continuance of case before United-States Gommissioner. No. 40. BEFORE PHILIP A. HOYNE, UNITED-STATES COMMISSIONER Chicago, , 189- Norihern District of Illinois, set. — "We, , jointly and severally acknowledge ourselves to be indebted unto the United States of America, in the sum of dollars, law- ful money of the said United States, to be levied of goods and chattels, lands and tenements, upon this condition: That if the said shall personally be and appear be- fore Philip A. Hoyne, a Commissioner of the Circuit Court of the said United States for the Northern District of Illinois, at his office in the city of Chicago, in the said district, on the day of , 189-, at o'clock — . M., and from day to day thereafter, then and there to answer to such matters and things as shall be objected against on behalf of the said United States, for [state the nature of the offense'], and shall abide the order of the said Commissioner in that behalf, and not depart from before him without his leave, then this re- cognizance to be void ; otherwise to remain in full force and virtue. Signed, sealed and acknowl- ' edged this day of 189-, before me. . (Seal.) . (Seal.) )■ . (Seal.) . (Seal.) U. S. Commissioner. United-States Commissioner's mittimus, on adjournment of case before him. No. 41. The President of the United States of America, to the Marshal of the Northern District of , and to the Keeper of the Common Jail of the County of , Greet- ing: Whereas ha — been apprehended, and brought before the undersigned , a Commissioner of the Cir- GENERAL FOEMS OF COMPLAINTS, ETC. 29 cuit Court of the said United States for the district afore- said, by virtue of a warrant of the said Commissioner, issued upon complaint made before him, in writing, on oath, charg- ing the said [state the nature of the charge] : And whereas the examination of the said charge has been adjourned, for good cause appearing, until the day of , A. D. 189-, at o'clock — . M. ; and the said Commissioner has ordered the said to enter into recognizance, with suflBcient surety, in the sum of dollars, for appearance be- fore the said Commissioner at that time, for such examina- tion, or in default thereof to be committed to jail; and the said ha — not offered such recognizance: Now, therefore, you the said Marshal are hereby commanded, that you convey the said to the said jail, and that you have before the said Commissioner, at his oiSce in , in the said district, at the time so fixed for such examination, and thenceforth from day to day until conclusion thereof; and you the said Keeper of the said jail are hereby com- manded, that you receive the said into the said jail, and there safely keep, in accordance with the com- mand hereof to the said Marshal. Witness the hand and seal of the said Commissioner, at aforesaid, this day of , A. D. 189-, and of the independence of the said United States the year. (L. S.) 5 U. S. Commissioner. Recognizance before United-States Commissioner, on hold- ing to bail. BEFORE PHILIP A. HOYNE, A COMMISSIONER OF THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF ILLINOIS. Northern District of Illinois, \ I set. — Chicago, , 189-. Northern Division., S set.— "We, , jointly and severally acknowledge ourselves to be indebted unto the United States of America, in the sum of dollars, lawful 'JO FOEMS ADAPTED TO CRIMINAL CASES. money of the said United States, to be levied of our goods and chattels, lands and tenements, upon this condition: That if the said shall personally be and appear before the Court of the said United States for the District of • , on the first day of the next^ term thereof, to be holden at the Court-House of the said United States, in the of , in th — district, on the Monday of next, it being the day of , 189-, and from day to day thereafter during that and subsequent terms, then and there to answer to such matters and things as shall be objected against on behalf of the said United States, for [state the nature of the ohargel, and shall abide the order and judgment of the said court in that behalf, and not depart the said court without leave thereof, then this recognizance to be void ; otherwise to remain in full force and virtue. Signed, sealed and acknowl- edged this day of , 189-^, before me. U. S. Commissioner. (Seal.) (Seal.) (Seal.) (Seal.) Justification of bail olf'ered before a United-States Com- missioner. No. 43. District of , set. — On this day of , in the year 189-, at the city of , in the District of , before , a Commissioner of the Circuit Court of the United States of America for the said district, comes =-, and offers himself as bail for , who ha — been in due form of law brought before the said Commissioner, and ex- amined by and before him, upon a charge of , and upon such examination ha — been by the said Commissioner re- quired to give bail in the sum of dollars: And thereupon the said makes oath and says as follows, to wit : My name is [etc., as in ISTo. 24.] 1 See U. S. V. Keiver, 56 F. R 423, a case holding that a recognizance was Toid which was for defendant's appearance at a term not fixed by law, in- stead of at the pending or next regular term. GENERAL POEMS OF COMPLAINTS, ETC. 31 United-States Commissioner's commitment for trial, for want of recognizance. No. U. The Peesident of the United States of Ameeioa, to the Marshal of the District of , and to the Keeper of the Common Jail of the County of , Greeting: Whereas ha — been apprehended, and brought before the undersigned , a Commissioner of the Cir- cuit Court of the said United States for the district aforesaid, for examination, by virtue of a warrant of the said Commis- sioner, upon complaint made before him, in writing, on oath, charging the said — - [state the nature of the ch.arge\ : And whereas on such examination there appears probable cause to believe the said guilty of the said offense, and the un- dersigned, Commissioner as aforesaid, has ordered the said to enter into recognizance, with sufficient surety, in the sum of dollars, for appearance for trial on the said charge, at the terra of the Court of the said United States for the District of , or in default thereof to be committed to jail ; and whereas the said ha — not offered such recognizance : Now, therefore, you the said Marshal are hereby commanded, that you convey the said to the said jail ; and you the said Keeper of the said jail are hereby commanded, that you receive the said into the said jail, and there safely keep until be discharged therefrom by due course of law. Witness the hand and seal of the said Commissioner, at , in the said district, this day of , A. D. 189-, and of the independence of the said United States the year. ■• Charge : Yiolation of Sec. , . It is hereby certified, that the person — below named entitled to fees as witness — for the United States in this cause, as follows : Date. Name. Residence. Days. $c. Miles. $c Total. And it is ordered, that the Marshal pay to the said witness- the sum — to which — he so entitled. U. S. Commissioner. GENERAL FORMS OF COMPLAINTS, ETC. 39 United-States Commissioner's transcript, on certifying a cause into court. No. 55. BEFORE , A COMMISSIONER OF THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF , AT THE CITY OF , IN THE SAID DISTRICT. The United States of America \ Charge : vs. I 189- AflBdavit of Warrant issued filed. Subpoena — issued for Defendant — in court, District of , set. , a Commissioner of the Circuit Court of the United States of America for the Dis- trict of , do hereby certify, that the foregoing is a true transcript of the proceedings had in the above-entitled cause, lately pending before me ; and that the papers numbered 1 to inclusive, accompanying this transcript, are [copies of] the original ' papers in the said cause : Which transcript and papers are herewith returned into the Court of the United States for the District of , in pursuance of law ' and the rules of court. In witness whereof, I hereunto set my hand, at the city of in the said District of this day of A.D. 1S9-. U. S. Commissioner. 1 In United States v. Barber, 140 U. S. 164, the Supreme Court says, " In most districts it is the habit of commissioners to send up the original proceed- ings before them, a practice to which there seems to be no objection, con- ducing, as it does, to a diminution of expenses to the government ; but where the requirements of Section 1014 are literally adhered to, the expense of preparing such transcript is a proper charge against the government." 2 See Sec. 1014, R S. 40 FOEMS ADAPTED TO CRIMINAL CASES. BILL OF COSTS. Commissioner's fees : Marshal's fees: "Witness-fees : U. S. Attorney's fees : U. S. Commissioner. Clerk's certificate of qualification and authority of a United-States Commissioner, and of the genniueness of his signature. No. 56. United States of Ameeica, | District of , set. j I, , Clerk of the Circuit Court of the United States of America for the Dis- trict of , do hereby certify, that P A. H , whose name appears subscribed to the jurats of the foregoing com- plaint and affidavits and to the foregoing warrant, was before and at the several times of taking the said complaint and affi- davit and making the said warrant, and still is, a commis- sioner of the said Circuit Court, duly appointed and qualified ; that the several signatures, purporting to be his, to the sev- eral documents aforesaid, are his genuine signatures; and that full faith and credit are due to his official acts as such commissioner. Given under my hand and the seal of the said court, at , this day of , A. D. 189-. (L.S.) , Clerk. CRIMES AGAINST THE OPERATIONS OF THE GOVERNMENT. Indictment, on Sec. 5414, R. S,, for forging an obligation of tlie United States, by forging an endorsement in writing upon a clieck for money, drawn by an officer of the United States; witii a count on Sec. 5431, R. S., for uttering and passing a forged obligation of the United States, and one on Sees. 5414 and 5479, R. S., for forging a writing with intent to defraud the United States. No. 67(1). had in his possession a certain obligation and security^ of the said United States, of the tenor following, to wit : state object for which drawn Supplies Vf/-A T3 Recruiting. No. (11618) '"-^-^ New York City Oct. 16 1885 B Assistant Treasurer of the JJ. S. New York Pay to the order of W. T. Johnson — — Three — — — — — —— Dollars "^ ■«» Geo. L. Andrews Colonel 25 Inf'y Supt' G. E. S. And that the said , so having in Ms possession the obligation and security aforesaid, on the said day of • , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, with intent to de- fraud ' one William T. Johnson, feloniously did falsely forge and counterfeit upon the said obligation and [§ 5414, R. S.] 1 Begin as indicated in one of the general forms, Nos. 1 to 6. 2 For definition of words " obligation and security of the United States," see Sec. 5413, R S. 3 It is sufficient to aver in the general language of the statute an intent to defraud, and the name of any person sought to be defrauded need not be mentioned. TJ. S. v. Jolly, 37 F. E. 108. 42 FOEMS ADAPTED TO CRIMINAL OASES. security a certain endorsement * in writing, of the tenor fol- lowing, to wit, " W. T. Johnson." And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form aforesaid, with intent to defraud, did falsely forge and counterfeit an obligation and security of the said United States ; against, etc.^ No. 58 (2). present, that the said , before and at the time of the committing of the offense hereinafter next mentioned, at aforesaid, in the district aforesaid, had in Ms possession a certain obligation and security of the said United States, that is to say, a certain check drawn by one George L. Andrews, as colonel of the Twenty-fifth Regiment of Infantry, anid superin- tendent of the General Recruiting-Service, in the army of the said United States, upon the Assistant Treasurer of the said United States at the city of New- YorTc, for the payment of dollars to the order of one William T. Johnson, {therein styled W. T. Johnson,) and bearing date of the day of , in the year eighteen hundred and ; on the back of which ob- ligation and security last mentioned, at the time when the said so had the same in his possession as aforesaid, was a certain falsely made and forged endorsement in writing, of the tenor following, to wit, " W. T. Johnson: " And that the said , so having in his possession the obligation and security last aforesaid, with the said falsely made and forged endorse- ment thereon written as aforesaid, on the day of , in the year of our Lord eighteen hundred and , at afore- said, in the district aforesaid, feloniously did utter and pass [§ 5431, R. S.] the same obligation and security, so bearing tlie same falsely made and forged endorsement, with intent to defraud one^ William J. Moloney j he the said then and there well knowing the same falsely made and forged en- dorsement to be falsely made and forged. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form in this count aforesaid, feloniously and with intent to defraud, did knowingly utter and pass a falsely made and forged obligation and security of the said United States ; against, etc. * Writing name of payee falsely and fraudulently on the back is forgery of the instrument XJ. S. v. Jolly, 37 F. R. 108 ; U. S. v. Albert, 45 Id. 553, * Conclude as in one of the general forms, Nos. 1 to 6. CRIMES AGAINST OPERATIONS OF GOVERNMENT. 43 No. 59 (3). having then and there in Ms possession a certain eheck and order in writing, whose tenor here follows, that is to say, — \set out a check similar to the one set out in the first count of this indictment, lut payable to the ord^r of — say Pat- rick a Callaghan'], feloniously did [§§ 5414, 6479, R. 8.] falsely make and forge upon the same check and order, with the intent and for the purpose of defrauding the said United States, a certain endorsement in writing, of the tenor follow- ing, to wit, " Pay to the order of John K. French, U. 8. A.— Patrick Of Callaghan; " against, etc. Indictment, on Sec. 5414, R. S., for making and forging notes in imitation of a note of the national-bank cur- rency. l&o. 60. with intent to defraud ^ some person or persons to the said grand jurors unknown, unlawfully and feloniously did falsely make and ^ forge six notes in irai- [§ 5414, R. S.] tation of and purporting to be notes of the national-bank cur- rency of the said United" States ; the tenor of each of which said falsely made and forged notes is as follows, to wit — ' National Currency \ Five This note is secured by bonds of A 69893 f the United States ' deposited with the U. S. Treasurer at Washington. John Allison John C. New Register of the Treasury- Treasurer of the United States g g Citizens ■g National Bank ^ of Indianapolis will pay the bearer on demand 368 Five Dollars. Indianapolis Indiana Dec. 14th 1864. D G. B. Yandes, A. G. Pettihone, Cashier. Pres't. Act approved June 3d 1864. 1 See No. 233, note. 2 Not doubla See U. 8. v. Hull, 14 F. R 324; U. S. v. Fero, 18 Id. 901 ; U. S. V. Byrne, 44 Id. 188; Heard's Or. PI. 133, 136, 128. See, also. No. 6, note 16. ' It is enough to set forth what constitutes the contract of the bill. Num- 44 FOEMS ADAPTED TO OEIMINAL OASES. against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. Complaiut, on Sec. 5414, E. S., for forging an oWigation of the United States, by forging an endorsement upon a check drawn by an officer of the United States ; with a count on Sec. 5431, R, S., for passing the same forged obligation. No. 61. and within the jurisdiction of the said United States, wrongfully had in his possession a certain obligation and secu- rity of the said United States, to wit, a certain check drawn by one George L. Andrews, as colonel of the ^5th Regiment of Infantry, and superintendent of the General Recruiting Serv- ice, in the army of the said United States, upon the Assistant Treasurer of the said United States at J!few York; the said George L. Andrev}s, at the time of so drawing the said check, being an authorized officer of the said United States for that purpose, and the said Assistant Treasurer being then an au- thorized officer of the said United States upon whom the said check might be drawn ; the tenor of which said check is as fol- lows, to wit : [here set out the check, in the same manner as it is done in No. S7] ; And that the said , so having the said cheek in his possession, on or about' the said day of , A. D. 189-, at aforesaid, within the district and jurisdiction aforesaid, with intent to defraud the said United States, and to defraud Patrick O'Callaghan in the said check named, feloniously did falsely forge and counterfeit upon the back of the said check a certain endorsement, of the tenor following, to wit, " Pay to the order of John K. French, U. S. A. — Patrick O' Callaghan; " Whereby the said , ber of bill, the vignettes, mottoes, devices, and the vcords and figures in the raai'gin, need not be set out. Whar. Prec, 1, 264, fp. 273 at foot,) and cases cited ; Griffin v. State, 14 O. (N. S.) 55 ; Com. v. Bailey, 1 Mass. 63 ; Com. v. Stevens, 1 Id. 204 ; State v. Can; 5 N. H. 367 ; People v. Franklin, 3 Johns. Cases, 299 ; Buckland's Case, 8 Leigh, 732. Abbreviations of Latin words on seal on United-States notes incorrectly set forth. Held, not fatal, not being complete words, etc. U. S. v. Mason, 13 Blatchf. 497. CRIMES AGAINST OPERATIONS OF GOVERNMENT. 45 in manner and form aforesaid, with intent [§ 5414, R. S.J to defraud, feloniously did falsely forge and counterfeit an obligation and security of the said United States ; contrary, etc. And this complainant further upon Ms oath complains and says, that the said , on or about the day and year last aforesaid, at the said city of , within the district and jurisdiction aforesaid, so having then and there in his posses- sion the check above mentioned, and the same then and there bearing the falsely made and forged endorsement aforesaid, feloniously did utter and pass the said check, so bearing the said falsely made and forged endorsement, with intent to de- fraud one Frederick B. Northruj); he the said then and there well knowing the said falsely made and forged en- dorsement to be falsely made and forged : Whereby the said , in manner and form aforesaid, with intent to de- fraud, feloniously and knowingly did utter [§ 5431, R. S.J and pass a falsely made. and forged obligation and security of the said United States ; contrary, etc. Complaint, on Sec. 5414, R. S., for forging an obligation of the United States, by forging an endorsement upon a check drawn by an officer of the United States ; with a count on Sec. 5431, R. S., for passing the same forged check. No. 62. feloniously did falsely forge and counterfeit an obliga- tion and security of the said United States, by [§ 5414, R. S.J falsely making and forging a certain endorsement upon tlie back of a certain check, drawn by one George L. Andrews, colonel in the TJnitedrStates Army, upon the Assistant Treas- urer of the United States at New York, for the sum of , payable to one Patrick O' Callaghan, and dated the 19th day of November, in the same year,— the tenor of which falsely made and forged indorsement is as follows, to wit, ^•Pay to the order of John K. French, U. S. A.— Patrick O'Callaghan; " and that the said thereupon, on or about the said 21st day of November, A. D. 189-, at the said 46 FOEMS ADAPTED TO CEIMINAL CASBS. city of , in the district aforesaid, feloniously did utter [§ 5431, R. S.J and pass the said check, with the said falsely made and forged endorsement thereon, ^e then and there well knowing the same to be falsely made and forged, and intending thereby to defraud one Frederick B. Norihrwp: contrary, etc. Indictment, on Sec. 5415, R. S., for passing and attempt- ing to pass counterfeited and spurious notes of a na- tional banking association. 1^0. 63 (1). unlawfully 1 did pass, utter and publish a certain [§ 5415, R. S.] false, forged and counterfeited note, purport- ing to be issued by a banking association anthorized and act- ing under the laws of the said United States and doing a banking business, that is to say, ihe First JVafional Bank of Peru, Illinois; the tenor of which said false, forged and counterfeited note is as follows, to wit — [here set out the note in the manner shown in Ifo. 60'\ ; he the said , at the time of so passing, uttering and publishing the said false, forged and counterfeited note as aforesaid, to wit, on the day and year first aforesaid, in the district aforesaid, well know- ing the same to be falsely made, forged and counterfeited ; against, etc. No. 64 (2). And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said , on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, with intent [§ 5415, R. S.J to defraud one , feloniously* did pass, utter and publish, as true and genuine, a certain other false, forged and counterfeited note, then and there purport- ing to be issued by the First National Bank of Peru, Illinois, the same being at and before that time a banking association 1 See U. S. V. Staats, 8 How. 41 ; U. S. v. Coppersmith, 4 F. E. 198; U. S. V. Koch, 21 Id. 873. See, also, No. 6, notes 8 and 9. 2 See U. S. V. Coppersmith, 4 F. R. 198. CRIMES AGAINST OPERATIONS OF GOVBENMENT. 47 authorized and acting under the laws of the said United States and doing a banking business, to wit, in the district aforesaid ; the tenor of which said last-mentioned false, forged and counterfeited note is as follows, that is to say — {here set out tJie note'] ; he the said , at the time of so passing, uttering and publishing the last-mentioned false, forged and counterfeited note as aforesaid, to wit, on the day and year in this count first aforesaid, in the district aforesaid, well knowing the same to be falsely made, forged and counter- feited ; against, etc. No. 65 (3). unlawfully did pass, utter and publish, and attempt to pass, utter and publish, as true and genuine, [§ 5415, R. S.j a certain other false, forged and counterfeited note, purport- ing to be issued by the Jf'irst National Bank of Peru, Illinois, a banking association before that time authorized and acting under the laws of the said United States ; the tenor of which false, forged and counterfeited note last aforesaid is as fol- lows, that is to say — \here set out the note] ; he the said -, at the time of so passing, uttering and publishing, and attempting to pass, utter and publish, the last-mentioned false, forged and counterfeited note as aforesaid, to wit, on the day and year in this count first aforesaid, in the district aforesaid, well knowing the same to be falsely made, forged and coun- terfeited; against, etc. No. 66 (4). — — with intent to defraud the said T W , unlaw- fully did pass, utter and publish, as true and [§ 5415, R. S.J genuine, a certain spurious circulating note purporting to have been issued by the Mrst National Bank of Peru, Illi- nois, a banking association before then authorized and acting under the laws of the said United States ; the tenor of which said spurious note is as follows, that is to say — \here set out the note] ; he the said M S , at the time of so passing, uttering and publishing the said spurious note as aforesaid, to wit, on the day and year in this count first aforesaid, in the district aforesaid, well knowing the same to be spurious; against, etc. 48 FOEMS ADAPTED TO CRIMINAL CASES. Indictment, on Sees. 5418 and 5421, R. S., for forging an endorsement on a check drawn by an oflScer of the United States, and forging, and procuring the forging, and assisting in the forging of a writing, to enable an- other to obtain money from the United States; with counts on Sees. 5418, 5421, 5431 and 5479, K. S., for uttering and passing the same check with the forged endorsement tliereon. No. 67 (1). having in — h — possession a certain check, whose tenor here follows, that is to say, — [set out a check drawn hy or upon an authorized officer of the United States, payable to the order of — say, James H. lieese,] feloniously did falsely make [§ 5418, E. S.] and forge upon the said check a certain endorse- ment in writing, of the tenor following, to wit, " James II. JReese," for the purpose of defrauding the said United States; against, etc. No. 68 (2). having in — h — possession a certain other check, of the tenor following, that is to say, — [set out a check, as in first count,'] feloniously did falsely make and forge, and cause to be [§ 5421, K, S.] falsely made and forged, and willingly aid in falsely making and forging, upon the same check, a certain endorsement in writing,^ with the intent and for the purpose of obtaining and receiving from the said United States a cer- tain sum of money, to wit, the sum of money in the same check mentioned, and to defraud the said United States thereof; the tenor of which false and forged endorsement last aforesaid is as follows, to wit, " ;" against, etc, No. 69 (3). did have in — h — possession a certain other check for money, called a pension-check, drawn by the Pension- Agent of the said United States at , in the state of , upon the Assistant Treasurer of the said United States at , in the state of , and of the tenor following, to wit, — [set 1 See No. 57, note 4. OEIMES AGAINST OPEEATIONS OF QOVEHNMENT. 49 out check']; And that the said A B , so having in — h — possession the last-mentioned check, then and there, to wit, on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, for the purpose of enabling one X Y to obtain and receive from the said United States the sum of money in the same check mentioned, and with intent to de- fraud the said United States, feloniously did forge and coun- terfeit, and procure to be forged and counterfeited, and will- ingly assist in forging and counterfeiting, upon the back of the same check, a certain endorsement in writing, that is to say, a certain signature purporting to be the signature of James H. Reese, to whose order the last-mentioned check was by its terms payable ; the tenor of which forged and counter- feited endorsement last aforesaid is as follows, to wit, ^^ James n. ReeseP And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said A B , in manner and form in this count aforesaid, did forge and counterfeit, and procure to be forged and counterfeited, and willingly assist in forging and counterfeiting, a writing, [§ 54S1, R. S.] for the purpose of enabling another person to obtain and re- ceive from the said United States a sum of money, and with intent and purpose to defraud the said United States \ against, etc. No. 70 (4). did have in — h — possession a certain check for the payment of money, called a pension-check, drawn by the Pen- sion-Agent of the said United States at ,'in the state of , upon the Assistant Treasurer of the said United States at , in the state of , and of the tenor following, that is to say, — \_8et out the check], on the back of which last-men- tioned check then and there, to wit, at the time and place when and where the said A B so had the same in — h— possession as aforesaid, was written a certain forged and coun- terfeit endorsement thereof, that is to say, a certain forged and counterfeit signature purporting to be the signature of James H. Reese, to whose order the last-mentioned check was by its terms payable ; the tenor of which forged and counter- feit endorsement last aforesaid is as follows, to wit, " James 4 50 POBMS ADAPTED TO CEINIH'AL CASES. H. Reese: " And that the said A B , so having in —fa- possession the check last aforesaid, with the said forged and counterfeit endorsement of the same thereon written as afore- said, on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, feloniously did utter and publish as true the same forged and counterfeit endorsement of the last-mentioned check, with the intent and for the purpose of defrauding the said United States; — h — the said A B , at the time of so uttering and publishing as true the forged and counterfeit endorsement last aforesaid, there well knowing the same to be forged and counterfeit. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said A B , in manner and form in this count afore- [§§ 5418, 5421, 5431, 5479, R. S.] said, did utter and publish as true a forged and counterfeit writing, well knowing the same to be forged and counterfeit, with the intent and for the purpose of defrauding the said United States ; against, etc. No. 71 (5). had in — ^h — possession a certain other check for money, called a pension-check, drawn by the Pension-Agent of the said United States at , in the state of , upon the Assistant Treasurer of the said United States at , in the state of , and of the tenor following, that is to say, — \_set out the checTc], on the back of which- last-mentioned check then and there, to wit, at the time and place when and where the said A B so had the same in — h — possession as aforesaid, was written a certain forged and counterfeit en- dorsement, that is to say, a certain forged and counterfeit signature purporting to be the signature of James H. Reese in the same check mentioned ; the tenor of which forged and counterfeit indorsement and signature last aforesaid is as fol- lows, to wit, "James H. Reese:'''' And that the said A B , so having in — h — possession the check last aforesaid, with the same forged and counterfeit endorsement and sig- nature thereon written as aforesaid, on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, feloniously did utter CRIMES AGAINST OPEEATIONS OF GOVERNMENT. 61 and publish the same [§§ 5418, 5421, 5431, 5479, R. S.] check, with the same forged and counterfeit endorsement and signature thereon written as aforesaid, as and for a check en- dorsed with the true and genuine endorsement and signature of the said James H. Reese in the last-described check men- tioned, for the purpose and with the intent of defrauding the said United States; — h — the said A B then and there well knowing the forged and counterfeit indorsement and signature last aforesaid to be forged and counterfeit ; against, etc. Indictment, on Sec. 5418,' E. S., for forging an affldayit in support of a pension claim ; with a count on Sec. 5421, R. S., for transmitting the same to the Commissioner of Pensions. No. 72 (1). having made claim for invalid pension, under the laws of the said United States in that behalf, in order to further his said claim, and obtain such pension, feloniously did falsely make and forge a certain writing, that is to say, a certain paper writing in the form of and purporting to be an affidavit, and of the tenor following, to wit : \set out the forged writing]. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , on the said day of , in the year of our Lord eighteen hundred and , within the [county and] district aforesaid, in manner and form afore- said, feloniously did falsely make and forge [§ 5418, R. S.] an affidavit and writing, for the purpose of defrauding the said United States ; against, etc. No. Y3 (2). feloniously did transmit, and ^ cause to be transmitted. to the office of the Commissioner of Pensions [§ 5421, R. S.J of the said United States, a certain false and forged writing, in support of and in relation to a certain claim of him the said 1 Sec. 5418, E. S., is aimed at forgery, and not at perjury. U. S. v. Went- worth, 11 F. R. 52. 2 Not double. See U. 5. u. HuK, 14 F. R. 334, 325. See, also, No. 6, note 16. 52 FOEMS ADAPTED TO OEIMINAL CASES. for a pension from the said United States, under the laws thereof concerning pensions ; the tenor of which false and forged writing last aforesaid is as follows, to wit : [set out the forged writing] ; He the said then and there, to wit, at the time and place of so transmitting, and causing to be transmitted, to the office of the said Commissioner of Pen- sions, the false and forged writing last aforesaid, well knowing the same to be false and forged, and intending thereby to de^ fraud the said United States : Against, etc. Indictment, on Sec. 5418, R. H., for forging a writing in support of a pension claim, and for uttering and pub- lisliing the same ; with a count on Sec. 5421, R. S., for transmitting the same to the Commissioner of Pensions. No. 74 (1). present, that , late of the county of , in the said district, before and on the day of , in the year of our Lord eighteen hundred and , within the county and district aforesaid, was an applicant for a pension from the said United States, and claiming such pension as having contracted disease and incurred disability while in the military service of the said United States, and in the line of his duty, during the late war of the rebellion; and that the said , so being such applicant, in order to further his said claim, and obtain such pension, on the said day of , in the year of our Lord eighteen hundred and , within the county and district aforesaid, feloniously did falsely make and forge a certain writing, of the tenor following, to wit : U. S. Gen. Hospt., Benton Barracks, May 30th, 1863. St Louis, Mo. To all whom it may concern, that I have examined carefully , a Private of Comp. G, 17th Ills. Inft. and find Rheumical affection of the Heart as well as valvulare disease of the same which renders him unfit for field servise. By reason of which I retain him for light Hospt duty. To the best of my blief said disease was induced in the servise. Ira Russell, Surg. U. 8. V. in charge of Hospt CRIMES AGAINST OPKEATIONS OF GOVEENMENT. 53 And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form aforesaid, feloniously did falsely make and forge a writing, for the pur- pose of defrauding the said United States; [§ 5418, R. S.J against, etc. No. 75 (2). further present, that the said , on the day of , in the year, etc., within the county and district afore- said, having applied for a pension from the said United States, upon the ground of disability incurred while an enlisted man in the military service of the said United States, feloniously did utter and publish as true a certain false [§ 5418, R. S.] and forged writing, for the purpose of deceiving the proper oflBcers of the said United States in that behalf, and obtaining such pension, and thereby defrauding the said United States ; the tenor of which false and forged writing last aforesaid is as follows, to wit : [set out writing as in first count] ; He the said then and there, to wit, at the time and place of so uttering and publishing as true the false and forged writ- ing last aforesaid, well knowing the same to be false and forged : Against, etc. No. 76 (3). having made claim for invalid pension, under the laws of the said United States concerning pensions, in order to fur- ther the same claim, and obtain such pension, feloniously did transmit to the office of the Commissioner of [§ 5421, R. S.J Pensions of the said United States a certain false and forged writing in support of and in relation to the same claim, with the intent and purpose of causing it to be believed by the said Commissioner of Pensions that he the said before that time had been examined by a surgeon in the military service of the said United States, and on such examination had been found by such surgeon to have disease of the heart, con- tracted in the said service ; it being then and there material in that behalf that the said Commissioner of Pensions should know and be informed whether the said had been so examined, and whether he had been so found to have dis- ease of the heart, contracted in the military service aforesaid ; the tenor of which false and forged writing last aforesaid is 54 FOEMS ADAPTED TO CRIMINAL CASES. as follows, to wit : [set out writing as in first counf] ; He the said then and there, to wit, at the time and place of so transmitting to the said Commissioner of Pensions the last- mentioned false and forged writing as aforesaid, well knowing the same to be false and forged, and intending thereby to de- fraud the said United States : Against, etc. Indictment, on Sec. 5418, R. S., for forging a distiller's bond, and for uttering and publishing tlie same as true; with a count on Sec. 3451, R. S., for procuring the same to he falsely executed in the name of one not a party thereto. No. 77 (1). feloniously did falsely make and forge a certain bond, [§ 5418, E. S.] purporting to be signed by one E E. H , and to be sealed and delivered by him the said E ■ E. H ; the tenor of which said falsely made and forged bond is as follows, that is to say — [set out the bond,] with the intent and for the purpose of defrauding the said United States ; against, etc. No. 78 (2). ■— — for the purpose of defrauding the said United States, feloniously did utter and publish as true a certain false and [§ 5418, R. S.J forged writing, purporting to be a distiller's bond; the tenor of which said false and forged writing, on' the face thereof, is as follows, that is to say — [set out the face of the writing], and on the back thereof is as follows, that is to say — [set out the lack of the writing] ; — h — the said then and there, to wit, at the time and place of so uttering and publishing the said false and forged writ- ing as aforesaid, well knowing the same to be false and forged ; against, etc. No. 79 (3). unlawfully did procure to be falsely and fraudulently [§ 3451, R. S.] executed, and aid in and connive at falsely and fraudulently executing, in the name of one E E. H , a certain document called a distiller's bond, the same then and there being a document required by the provisions of the in- CRIMES AGAINST OPERATIONS OF GOVERNMENT. 55 ternal-revenue laws of the said United States, to wit, section thirty-two hundred and sixty of the Kevised Statutes of the said United States, [or, by the provisions of the act of the Congress of the said United States, entitled "An act, etc.," approved the day of , in the year of our Lord eight- een hundred and ] ; the tenor of which said document is as follows, that is to say — [set it out], the said E E. H not being in fact a party to the said document, or privy or consenting to the execution thereof in his name as aforesaid, at the time of the execution of the said document as aforesaid, or at any other time ; against, etc. Indictment^ on Sec. 5421, R. S., for forging a soldier's dis- charge, for the purpose of obtaining money from the United States ; for uttering and publishing the same as true ; for presenting a forged writing to an officer of the United States in support of a false account (Sees. 5421 and 5418, R. S.;) and for forging a voucher, for the purpose of obtaining a sum oi money from an officer of the United States ; with a count on Sec. 5438, R. S., for presenting to an army paymaster, for pay- ment, a false claim for soldier's pay. No. 80 (1). for the purpose of obtaining from the said United States a sum of money, to wit, the sum of , feloniously did falsely make and forge, and cause ' to be [§ 5421, R. S.] falsely made and forged, and willingly aid in falsely making and forging, a certain writing, called a discharge, the tenor of which said false and forged writing is as follows, that is to say : [set out the discharge'] ; against, etc. No. 81 (2). with intent to defraud the said United States, felo- niously^ did utter and publish as true a [§ 5421, R. S.j 1 Not double. See U. 8. v. Hull, 14 K R. 324 See No. 6, note 16. 2 It is sufificient to charge the act to have been done " with intent to de- fraud the United States." without also charging that it was done feloniously, or with a "felonious intent." U. S. v. Staats, 8 How. 41. See No. 6, notes 8 and 9. 56 F0EM8 ADAPTED TO CRIMINAL CASES. certain other false and forged writing, the tenor whereof is as follows, that is to say : [set out discharge, as in first count] ; — h— the said then and there, to wit, at the time of so uttering and publishing as true the last-mentioned false and forged writing as aforesaid, in the [oity and] district aforesaid, well knowing the same writing to be false and forged : Against, etc. No. 82 (3). with intent to defraud the said United States, feloni- [§ 5421 (5418), E. S.] ously did present at the office of F -B -, then an officer of the said United States, to wit, a paymaster in the a/rrmj of the said United States, at afore- said, ft certain other false ' and forged writing, in support of a certain account and claim therein mentioned ; the tenor of which false and forged writing last aforesaid is as follows, that is to say : [set out the writing] ; — h — the said then and there, to wit, at the time and place of so presenting the last-mentioned false and forged writing as aforesaid, well knowing the same to be false and forged ; against, etc. No. 83 (4). for the purpose of obtaining from F B , then an ©fficer of the said United States, to wit, a paymaster in the army of the said United States, a sum of money, to wit, the sura of , feloniously did falsely make and forge, and cause to be falsely made and forged, and willingly aid in falsely [§ 5421, R. 8.] making and forging, a certain other writing, called a voucher; the tenor of which false and forged writing last aforesaid is as follows, that is to say : [set out the vouc/ter] ; against, etc. No. 84 (5). pretending to be D G , and under that name to have been lately before then a private soldier of, and dis- charged from. Company A of the Fifth Eegiment of Infantry. 1 The third clause of Sec. 5421, R. S., applies to false as well as to forged writings. U. S. v. Staats, 8 How. 41. But the indictment should show, in case the writing is merely false in its statements, that it is false in material allegations. U. S. v. Oorbin, 11 F. R. 238. CRIMES AGAINST OPERATIONS OF GOVERNMENT. 57 in the Army of the said United States, did make and present to F B , then a paymaster in the said army, for pay- ment, a certain claim against the Government [§ 6138, K. S.J of the said United States, that is to say, a certain claim then and there purporting to be a claim of D G , as such discharged soldier as aforesaid, for pay from the first day of September, in the said year eighteen hundred and , to the twenty-ninth day of October, in the same year, for retained pay, for pay for travelling from Fort Keogh, in the Territory of Montana, to Jersey City, in the state of New- Jersey, for subsistence for such travelling, and for clothing, in the whole amounting, after certain deductions made, to the sum of ; which claim last aforesaid then and there, to wit, at the time and place of the making and presenting thereof as aforesaid, was false, fictitious and fraudulent, in this, that the said then and there was not D G , and had not under that name been lately before then a private soldier of, and discharged from, Company A of the regiment aforesaid, and was not then and there entitled to receive from the said United States the said sum of money so claimed as last aforesaid, or any part thereof, as such D G , discharged soldier as aforesaid ; he the said , at the time of so making and presenting the same claim, there well knowing the same to be false, fictitious and fraudulent as aforesaid ; against, etc. Indictment, on Sec. 5421, R. S., for forging a receipt on a money-order, drawn by an English postmaster on a United States post-ofRce ; with a count on Sec. 6438, R. S., for presenting a false claim upon the Post-Office Department, to a person in the civil service. No. 85 (1). did have in h — possession a certain money-order drawn by a postmaster in the United Kingdom of Great Britain and Ireland, to wit, the postmaster at Shoreditch, in that kingdom, upon the post-office of the said United States at aforesaid, for the sum of two pounds sterling, and of the tenor following, that is to say — [set out all on the face of the money-order, without any signature other tha/a that of 58 rOEMS ADAPTED TO CRIMINAL CASES. the English postmaster], by virtue of which said money- order one Thomas Wilhins, upon presenting the same at the said post-offlce at aforesaid, and duly signing the blank receipt on the said money-order, would be entitled to receive from the postmaster of the said United States at afore- said the amount of the said money-order in money of the said United States, to wit, the sum of nine dollars and seventy- four cents; And that the said , so having in h — possession the said money-order, then and there, to wit, on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, for the purpose of obtaining and receiving from one X Y , then postmaster of the said United States at afore- said, the amount of the said money-order, to wit, the said sum of nine dollars and sevenin/rfour cents, feloniously did falsely make and forge a certain receipt upon the said money- order, by falsely making and forging upon the same, in the place indicated for the signature of the payee thereof, a cer- tain signature purporting to be the signature of the said Thomas Wilkins, to whom the amount of the said money- order was so payable as aforesaid ; the tenor of which forged receipt, so by the said falsely made by the means aforesaid, is as follows, that is to say, "Eeceived the above, Thos. WilMtis.'" And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said then and there, in manner and form aforesaid, feloniously did falsely make and forge a receipt, for the purpose of obtaining and [§ 5421, R- S.] receiving from an officer of the said United States a sum of money; against, etc. No. 86 (2). unlawfully did make and present to one Andrew Irle, then and there being a person in the civil service of the said United States, to wit, a clerk in the post-office of the said United States at aforesaid, for payment by Aw/i as such clerk, a certain claim upon and against the Post-Office De- partment of the said United States, that is to say, a claim for the amount of a certain money-order, to the effect following, to wit — {_set out the face of the money-order down to the words CRIMES AGAINST OPEEATIONS OF GOVERNMENT. 59 ^^ If this order is payable at any office in the United Kingdom" etc., leaving off the signature of the payee'], the same being then and there, to wit, at the time and place of the making and presenting of the said claim as aforesaid, a money-order prop- erly payable by the said Andrew Irle, as such clerk as afore- said, to one Thomas Wilkins, (the person named in the letter of advice therein mentioned,) and the amount thereof being then and there a certain sum of money of the said United States, to wit, the sum of nine dollars and seventyfour cents; which said claim was then and there false, fictitious and fraud- ulent, in this, that the said then and there, for the purpose of obtaining payment to himself of the amount of the money-order last aforesaid, falsely and fraudulently did pretend and hold himself out then and there to be Thomas Wilkins, and to be the same person to whom the same money- order was payable, and as such person to be entitled to de- mand and receive payment of the amount of the same money- order ; whereas in truth and in fact the said was not then and there Thomas Wilkins, and was not then and there the person to whom the money -order last aforesaid was pay- able, and was not then and there in any manner entitled or authorized to demand or receive payment of the amount of the same money-order; — he the said , at the time of so making and presenting the said claim as aforesaid, there well knowing the same to be false, fictitious and fraudulent as aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , on the said day of , in the year of our Lord eighteen hundred and , at the said city of and in the district aforesaid, in manner and form aforesaid, did make and present to a person in the civil service of the said United States, [§ 5438, R. S.J for payment by that person, a claim upon and against a de- partment of the government of the said United States, which said claim — he the said then and there knew to be false, fictitious and fraudulent ; against, etc. 60 FORMS ADAPTED TO CEIMINAL CASES. Indictment, on Sec. 5425, R. S., for obtaining the issue of a certificate of citizensliip by false representations ; and for using, and attempting to use, the same certificate. No. 87 (1). unlawfully did obtain, accept and receive a certain cer- [§ 5425, R. S.] tificate of citizenship, to wit, a certain cer- tificate and document issued from the Court of the , and bearing date of the day of , in the same year, and showing the said , before that time an alien, to have been then naturalized and admitted as a citizen of the said United States ; the issue of which said document and cer- tificate, at the time ' and place of its so being obtained, ac- cepted and received, was fraudulently and unlawfully pro- cured and obtained by the said , in this, that he the said , at the time of procuring and obtaining the same, did falsely and fraudulently allege and represent him- self to have then resided within the said United States for five years, whereas in truth he had not then resided within the said United States for five years ; he the said , at the time when he so obtained, accepted and received the said certificate and document, well knowing the same to have been procured by fraud, and by false statements made with intent to procure the issue of the same ; against, etc. No. 88 (2). unlawfully did use, and attempt to use, a certain cer- [§ 5425, R. S.J tificate of citizenship, to Avit, a certain cer- tificate and document issued from the Court of the , and bearing date of the day of , in the same year, and showing the said , before that time an alien, to have been then naturalized and admitted as a citizen of the said United States; which said document and certificate, be- fore the same was so used and attempted to be used, had been fraudulently and unlawfully procured and obtained by the 1 See U. S. V. Lehman, 39 F. R. 768. Query if, in view of the third condi- tion of Sec. 3165, R S., (see U. S. v. Grottkau, 30 F. R 672,) any court is authorized to act upon any statement of an alien other than one, under Sec 3167, R S., that he arrived in the U. S. under the age of 18 years. CEIMES AGAINST OPERATIONS OF GOVEENMENT. 61 said , in this, that he the said , at the time of procuring and obtaining the same, did falsely and fraud- ulently allege and represent himself to have then resided within the said United States for five j'ears, whereas in truth he had not then resided within the said United States for five years ; he the said , at the time when he so used and attempted to use the said certificate and document, well knowing the same to have been fraudulently and unlawfully procured and obtained as aforesaid ; against, etc. Indictment, on Sec. 6428, R. S., for nsing a certificate of citizenship procured through false evidence; and for the defendant's fraudulently representing himself to be a citizen of the United States, in order to secure registration as a voter at a congressional election. No. 89 (1). unlawfully did knowingly use a certain certificate of naturalization theretofore granted to him by [§ 5428, R. S.J the Court of , and procured through fraud and false evidence, that is to say, by fraudulent and false testimony to the effect that he the said , an alien, had resided within the said United States for five years before the grant- ing of the said certificate; against, etc. JSTo. 90 (2). at a registration then proceeding of voters of the First Election-District of the Second "Ward of the said city of , within the First Congressional District of , for an election for representative in the Congress of the said United States, to wit, the general election to be held in the said state of on the Tuesday next after the first Monday in November, in the same year, for the choosing of representatives in Congress and state and county oflicers, unlawfully did fraudulently represent himself ta be a citizen of the said [§ 6428, R. S.] United States, without having been duly admitted to such citizenship, and for the fraudulent purpose of causing himself to be registered as a voter at the said election ; against, etc. 62 rOEMS ADAPTED TO CRIMINAL CASES. Indictment, on Sec. 5430, R. S., for having in possession ob- ligations and securities engraved and printed after the similitude of United-States obligations and securities, intending to sell, pledge, utter, pass and use the same as genuine. No. 91 (1). feloniously did have in — h — possession and custody, [§ 5430, R. S.] without authority from the Secretary of the Treasury of the said United States, or from any other proper officer, a certain obligation and security engraved and printed after the similitude of an obligation and security issued under the authority of the said United States ; which said obligation and security so by the said had in — h — possession and custody is as follows, to wit : [set it out] ; — h — the said then and there, to wit, at the time and place of so having the same obligation and security in — h — possession and custody as aforesaid, well knowing the same not to be a lawful and genuine obligation or security of the said United States, and intending to sell, pledge, utter and pass the same, and thereby to defraud one ; against, etc. No. 92 (2). unlawfully did have in — h — possession and custody, [§ 5430, R. S.] without authority from the Secretary of the Treasury of the said United States, or from any other proper officer, a certain other obligation and security engraved and printed after the similitude of an obligation and security issued under the authority of the said United States; which obliga- tion and security so by the said had in — h — posses- sion and custody as last aforesaid is as follows, to wit : [set it out] ; — h — the said , at the time and place of so hav- ing in — h — possession and custody the obligation and secu- rity last aforesaid, well knowing the same not to be a lawful and proper obligation or security of the said United States, and intending to use the same, by uttering the same as and for a lawful and proper obligation and security of the said United States; against, etc. CEIMES AGAINST OPERATIONS OF GOVERNMENT. 63 Complaint, on Sec. 6430, R. S., for having in possession a security engraved and printed after tlie similitude of a United-States bond, intending to sell or pass the same as true. No. 93. feloniously did have in — h — possession and custody, ■without authority from the Secretary of the [§ 5430, R. S.] Treasury of the said United States, or the authority of any proper officer whatever, a certain obligation and security en- graved and printed after the similitude of an obligation and security of the said United States, that is to say, after the simil- itude of a bond of the said United States for the sum of dollars ; — h — the said then and there intending to sell the said obligation and security so by — h — had in pos- session and custody, or to utter and pass the same as and for a true and lawful obligation and security of the said United States for the sum of dollars ; contrary, etc. Indictment, on Sec. 5430, R. S., for making photographs, prints and impressions of national-hank notes and parts thereof. No. 94 (1). unlawfully and feloniously, and not by direction of any proper officer of the said United States, [§ 5430, R. S.J did print, photograph and make, and cause ' to be printed, photographed and made, and aid in printing, photographing and making, a certain photograph, print and impression in the likeness of the face of a note of the national-bank cur- rency of the said United States, and of the tenor following, to wit — [set out words and figures on face of note], and a cer- tain other photograph, print and impression in the likeness of the back of a note of the national-bank currency of the said United States, and of the tenor following, to wit — [set out matter on the hack of the note] ; against, etc. 1 See No. 6, note 16. 64: FOEMS ADAPTED TO CEIMINAL CASES. No. 95 (2). unlawfully and feloniously, and not by direction of any proper officer of the said United States, did print, photo- graph and make, and cause to be printed, photographed and [§ 5430, B. S.] made, and aid in printing, photographing and making, ^e other photographs, prints and impressions in the lil&eness of the face of a note of the national-bank currency of the said United States, of the denomination of Jive dollars, and Jive other photographs, prints and impressions in the likeness of the back of a note of the national-bank currency of the said United States, of the denomination ot five dollars; which photographs, prints and impressions in this count men- tioned are yet in the possession' of th^ said , or have been by — h — destroyed or concealed, wherefore the grand jurors aforesaid can not set forth the tenor thereof in this indictment; against, etc. No. 96 (3). unlawfully and feloniously, and not by direction of any proper officer of the said United States, did print, photograph [§ 5430, R. S.] and make, and cause to be printed, photo- graphed and made, and aid in printing, photographing and making, ^ue other photographs, prints and impressions in the likeness of an obligation and security of the said United States, that is to say, in the likeness of a note of the denomination of Jive dollars, of the national-bank currency of the said United States, of some national bank to the said grand jurors un- known, — the last-mentioned photographs, prints and impres- sions being yet in the possession of the said ; against, etc. No. 97 (4). unlawfully and feloniously, and not by direction of any proper officer of the said United States, did print, photo- graph and make, and cause to be printed, photographed and [§ 5430, R. S.J made, and aid in printing, photographing and making, a certain photograph, print and impression in the likeness of a part of an obligation and security of the said "" '■ iSee U. S. V. Wenttcorth, 11 F. R, 53, 56. CKIMKS AGAINST 0PEEATI0N8 OF GOVERNMENT. 65 United States, that is to say, in the likeness of the back of a note of the denomination of ten dollars, of the national-bank currency of the said United States, of some national bank to the said grand jurors unknown; the tenor of which photo- graph, print and impression last aforesaid is as follows, to wit — \set it out} ; against, etc. Indictment, on Sec. 5431, R. S., for keeping in possession and uttering and passing forged and altered United- States bonds. ¥0. 98 (1). feloniously did keep in possession three falsely forged obligations^ and securities of the said United [§ 5431, R. S.] States, each of the tenor following, that is to say : [set out one forged obligation and security] ; ■ — h — the said then and there, to wit, at the time and place of so keeping in pos- session the said falsely forged obligations and securities as aforesaid, well knowing the same to be falsely forged, and in- tending to utter and pass the same, and thereby to defraud the person or persons into whose hands the same should come through such uttering and passing : Against, etc. No. 99 (2). with intent to defraud one , feloniously did utter and pass a certain falsely forged obliga- [§ 5431, R. S.J tion and security of the said United States, of the tenor fol- lowing, that is to say : [set it out} ; — h— the said then and there, to wit, at the time and place of so uttering and passing the last-mentioned falsely forged obligation and security as aforesaid, well knowing^ the same to be falsely forged ; against, etc. No. 100 (3). with intent to defraud the said , feloniously did utter and pass Imo falsely forged and al- [§ 5431, R. S.] tered obligations and securities of the said United States, iFor definition of the words "obligation and security of the United States," see Sec. 5413, R S. 2 See U. S. V. Carll, 105 U. S. 611. See, also, No. 494, note. 5 66 FORMS ADAPTED TO CEIMINAL CASES. each of the tenor following, that is to say : [set one out] ; — h — the said then and there, to wit, at the time and place of so uttering and passing the same falsely forged and altered obligations and securities as aforesaid, well knowing the same to be falsely forged and altered : Against, etc, No. 101 (4). had in — ^h — possession three falsely altered obligations and securities of the said United States, that is to say, three bonds which before that time had been emitted by the said United States, and when so emitted were each for the payment of one hundred dollars and interest to one Donald McEwy, and which afterwards had been falsely altered by effacing and obliterating the name and surname of the said Donald McKay from the said bonds respectively ; the tenor of each of the said bonds, as so falsely altered, being as follows, (except that the same bear respectively the numbers 107190, 107192, and 107193,) that is to say : \set out a, hond, without natne of payee'] ; And that the said , so having in — h — possession the falsely altered obligations a-nd securities last aforesaid, on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, with intent to defraud one , feloniously did utter and pass the same falsely altered obligations and securities ; [§ 5431, B. S.] — h — the said then and there well knowing the same to be falsely altered ; against, etc. Indictment, on Sec. 5431, R. S., for uttering, passing, and attempting to pass, forged United-States note and na- tional-bank note. ^o. 102 (1). with intent to defraud one^ , feloniously did [§ 5431, E. S.] utter and pass, and attempt to pass, a cer- tain falsely made and forged obligation and security of the said United States ; the tenor of which said falsely made and forged obligation and security, on the face thereof, is as fol- lows, to wit — [set out the face of — say a United-States note], 2 See No. 831. not?s. CRIMES AGAINST OPEEATIONS OF GOVERNMENT. 67 and on the back thereof is as follows, to wit — Iset out the hacJc] ; — h — the said then and there, to wit, at the time and place of so uttering, passing and attempting to pass the said falsely made and forged obligation and security as afore- said, well knowing the same to be falsely made and forged : against, etc. No. 103 (2). with intent to defraud one [or, the said] , feloniously did utter, attempt to pass, and pass, as true and genuine, a certain other falsely made and [§ 5431, R. S.] forged obligation and security of the said United States, that is to say, a certain falsely made and forged paper writing in imitation of and purporting to be a note of the national-bank currency of the said United States ; the tenor of which falsely made and forged paper writing last aforesaid, on the face thereof, is as follows, to wit — [set outface of national-ianJh note as in JVo. 60'], and on the back thereof is as follows, to wit — [set out the I>acF\ ; — h — the said then and there, to wit, at the time and place of so uttering, attempting to pass, and passing the last-mentioned falsely made and forged paper writing as aforesaid, well knowing the same to be falsely made and forged : against, etc. Indictment, on Sec. 5431, R, S., against two or more per- sons, for keeping in possession and uttering, etc., forged United-States silver-certificates, and a United- States note, and a national-bank note made of frag- ments of one- and twenty-dollar notes. No. 104 (1). feloniouslj'' did keep in their possession, with intent to defraud some person or persons to the said [§ 6431, R. S.] grand jurors unknown, one hundred falsely made and forged obligations and securities of the said United States, that is to say, one hundred falsely made and forged notes in the like- ness of and purporting to be notes of the said United States, called silver-certificates; the tenor of each of which said falsely made and forged notes, on the face thereof, is as fol- 68 FOKMS ADAPTED TO OEIMINAL CASES. lows, to -wit, , and on the back thereof is as follows, to wit, , they the said then and there, to wit, at the time and place of so keeping in their possession the said falsely made and forged notes as aforesaid, well knowing the same to be falsely made and forged ; against, eta No, 105 (2). with intent to defraud one ■- — , feloniously did [§ 5431, R. S.] utter and pass, and attempt to pass, as true and genuine, a certain other falsely made and forged obligation and security of the said United States; the tenor of which falsely made and forged obligation and security last aforesaid; on the face thereof, is as follows, to wit, , and on the back thereof is as follows, to wit — , , they the said then and there, to wit, at the time and place of so utter- ing and passing, and attempting to pass, the last-mentioned falsely made and forged obligation and security as aforesaid, well knowing the same to be falsely made and forged ; against, etc. No. 106,(3). with intent to defraud one , feloniously did [§ 5431, K. S.] utter and pass, and attempt to pass, a cer- tain other falsely made and forged obligation and security of the said United States, that is to say, a certain forged and counterfeit note in imitation of and purporting to be a note of the said United States (called a United-States note) of the denomination of dollars ; the tenor of which falsely made and forged obligation and security last aforesaid, on the face thereof, is as follows, to wit, , and on the back thereof is as follows, to wit, — ■ , they the said then and there, to wit, at the time and place of so uttering and passing the last-mentioned falsely made and forged obligation and security as aforesaid, well knowing the same to be falsely made and forged : Against, etc. No. 107 (4). with intent to defraud one , feloniously did [§ 5431, R. S.] utter and pass a certain falsely made, forged CRIMES AGAINST OPEEATIONS OF GOVERNMENT. 69 and altered obligation and security of the said United States, that is to say, a certain paper writing falsely made, forged and altered by attaching and fastening together a certain fragment of a certain one-dollar note of the national-bank currency of the said United States, as follows, to wit, — [set out fi^agment'], &nd a certain fragment of a certain twenty- dollar note of the national-bank currency of the said United States, as follows, to wit, ■ , and by falsely forging and placing the figures 20 in and upon the upper left-hand corner of the first-mentioned fragment, in such manner as to form a falsely made, forged and altered paper writing in resemblance of an obligation and security of the said United States, and of the tenor following, to wit, , they the said then and there, to wit, at the time and place of so uttering and passing the same falsely made, forged and altered obligation and security as aforesaid, well knowing the same to be falsely made, forged and altered : Against, etc. Indictment, on Sec. 5431, E. S., for uttering and passing, and uttering, publishing and selling, counterfeit na- tional-bank notes; and for keeping in possession a forged United-States note. ¥o. 108 (1). with intent to defraud one , feloniously did utter and pass a certain falsely made and [§ 5431, R. S.J forged obligation and security of the said United States ; the tenor of which said falsely made and forged obligation and security, on the face thereof, is as follows, to wit, — , and on the back thereof is as follows, to wit, , — h— the said then and there, to wit, at the time and place of so uttering and passing the said falsely made and forged obligation and security, well knowing the same to be falsely made and forged : Against, etc. No. 109 (2). with intent to defraud one , feloniously did utter, publish and sell a certain falsely made [§ 5431, R. S.] and forged note of the national-bank currency of the said 10 FOEMS ADAPTED TO CKIMINAL CASES. United States, that is to say, a certain forged and counterfeit note purporting to be issued by the Traders^ National Bank, of Chioago, a banking association before that time and then authorized and acting, and doing a banking business, under the laws of the said United States ; the tenor of which forged and counterfeit note last aforesaid, on the face thereof, is as follows, to wit, , and on the back thereof is as follows, to wit, , — ^h — the said then and there, to ' wit, at the time and place of so uttering, publishing and sell- ing the last-mentioned forged and counterfeit note as afore- said, well knowing the same to be forged and counterfeit : Against, etc. No. 110 (3). feloniously did keep in possession \pr, in — h — posses- [§ 5431, R. S.] sion] a certain other falsely made and forged obligation of the said United States, with intent to utter and pass [or, utter, publish and pass, or, utter, publish and sell] the same, and thereby to defraud one [or, some person or persons to the said grand jurors unknown] ; the tenor of which falsely made and forged obligation last aforesaid, on the face thereof, is as follows, that is to say, — \_set out the face of a United-States note'], and on the back thereof is as follows, that is to say, , — h — the said then and there, to wit, at the time and place of so keeping in posses- sion [or, in — h — possession] the last-mentioned falsely made and forged obligation as aforesaid, well knowing the same to be falsely made and forged : Against, etc. Indictment, on Sec, 4, Act of May 16, 1884, (1 Supp. R. S., 2d Ed. 429,) for uttering, passing and tendering in payment forged and counterfeit Bank of England notes. No. Ill (1). with intent to defraud one , feloniously did [Sec. 4, Act May 16, 1884 ; 1 Supp. R. S., 2d Ed. 429.] utter and pass a certain false and forged note in imitation of and pur- porting to be a bank-note, for the sum ot fifty pounds, emitted by the Bank of England, the same then being a bank of a for- OEIMES AGAINST OPERATIONS OF GOVEENMBNT. 71 eign country, to wit, the United Kingdom of Great Britain and Ireland, and authorized by the laws of that country, and the genuine notes of the same bank, of that description, being then intended by the law and usage of that country to cir- culate as money ; the tenor of which said false and forged note is as follows, to wit, ; — h — the said then and there, to wit, at the time and place of so uttering and passing the said false and forged note as aforesaid, well knowing the same to be false and forged ; against, etc. No. 112 (2). with intent to defraud one , feloniously did utter [Sec. 4, Act May 16, 1884 ; 1 Supp. R. S., 2d Ed. 429.] and tender in payment, as true and genuine, a certain other false and counterfeit note in imitation of and purporting to be a bank-note, for the sum of fifiy pounds, emitted by the Bank of England, the same then being a bank and corporation of a foreign country, to wit, the United Kingdom of Great Britain and Ireland, and authorized by the laws of that country, and the genuine notes of the same bank and corporation, of that description, being then intended bj"^ the law and usage of that country to circulate as money ; the tenor of which false and counterfeit note last aforesaid is as follows, to wit, ; — h — the said then and there, to wit, at the time and place of so uttering and tendering in payment the last- mentioned false and counterfeit note as aforesaid, well know- ing the same to be false and counterfeit : against, etc. Complaint^ on Sec. 5431, R. S., for uttering and passing a counterfeit national-bank note. No. 113. with intent to defraud this affiant, feloniously did utter and pass a certain falsely made and forged [§ 5431, R. S.] obligation and security of the said United States, that is to say, a certain counterfeit note in the similitude of and pur- porting to be a note of the Traders' National BamJc, of , of the denomination of dollars ; —he — the said 72 ¥OEMS ADAPTED TO CRIMINAL CASES. then and there well knowing the said falsely made and forged obligation and security to be falsely made and forged ; con- trary, etc. Complaint, on Sec. 5431, K. S., for uttering and passing eitlier a forged national-bank note, or a United-States note, or a note of the United States called a silrer-cer- tiflcate. No. 114. with intent to defraud one , feloniously did [§ 5431, R. S.J utter and pass as true a certain falsely made and forged obligation and security of the said United States, to wit, a certain falsely made and forged note in the likeness of and purporting to be a note of the {Merchants^ National Bank of New York City, or, said United States (called a sil- ver-certificate, or, a United-States note)] of the denomination of dollars ; — h — the said then and there, to wit, at the time and place of so uttering and passing the said falsely made and forged note, well knowing the same to be falsely made and forged ; contrarj'-, etc. Complaint, on Sec. 5431, R. S., for attempting to pass a forged paper in resemblance of a national-bank note ; with a count on Sec. 5188, R. S., for circulating a busi- ness-card in the likeness of a national-bank note. No. 115. with intent to defraud one , feloniously did [§ 5431, R. S.j utter and attempt to pass a certain falsely made and forged paper in resemblance of an obligation and security of the said United States, that is to say, in the simil- itude of a note of the denomination of ten dollars of the na- tional-bank currency of the said United States ; — h — the said then and there well knowing the said falsely made and forged paper to be falsely made and forged ; and that the said then and there unlawfully did utter, CEIMES AGAINST OPEEATIONS OF GOVEENMKNT. 73 circulate and use' a certain business-card, [§ 5188, R. S.] circular and advertisement in the likeness and similitude of a circulating note of a banking-association organized under the laws of the said United States, of the denomination of ten dollars ; contrary, etc. Complaint, on Sec. 5431, R. S., for keeping in possession forged United-States silver-certificates. , No. 116. with intent to defraud some person or persons to this affiant unknown, feloniously did keep in pos- [§ 5431, R. S.J session divers falsely made and forged obligations and securi- ties of the said United States, that is to say, one hundred falsely made and forged notes in resemblance of and purport- ing to be notes of the said United States of the kind called silver-certificates, of the denomination of dollars ; — h — the said then and there well knowing the said falsely made and forged notes to be falsely made and forged, and intending to utter and pass the same as true and genuine ; contrary, etc. Complaint, on Sec. 5431, R. S., for keeping in possession, with intent to defraud, forged national-bank notes; with a count for uttering and passing one of them with intent to defraud a person named. No. 117. feloniously did keep in — h — possession, with intent to defraud some person or persons to this [§ 5431, R. S.] affiant unknown, divers falsely made and forged obligations and securities of the said United States, that is to say, divers falsely made and forged notes in the likeness of and purport- ing to be notes of th3 Central National Bank of New Yorh city, of the denomination of dollars ; and that the said 1 As to indicting for penalties, see U. S. v. Moore, 11 F. R. 248; U. S. v. Craft, 43 Id. 374, (citing U. S. v. Bougher, McLean, 277 ;) U. S. v. Howard, 17 F. R 688; U. S. v. Laescki. 29 Id. 099. T4 FOEMS ADAPTED TO OEIMINAL CASES. on or about the day last aforesaid, at the said city of , in the district aforesaid, feloniously did utter and pass a like falsely made and forged obligation and [§ 5431, E. S.] security of the said United States, with in- tent to defraud one ; — h — the said , at the time of so keeping in possession and uttering the several falsely made and forged obligations and securities aforesaid, well knowing the same to be falsely made and forged : con- trary, etc. Complaint, on Sec. 6431, R. S,, for keeping in possession, uttering and passing forged United-States treasury- notes, with intent to defraud persons unknown. No. 118. with intent to defraud divers persons whose names are to this affiant unknown, feloniously did keep in possession, [§ 5431, R. S.J and utter and pass, divers falsely made and forged obligations of the said United States, that is to say, divers falsely made and forged notes, in the similitude of, and purporting to be, United-States treasury-notes of the denomi- nation of dollars; — h — the said then and there well knowing the said falsely made and forged obliga- tions to be falsely made and forged ; contrary, etc. Indictment, on Sec. 5436, R. S., for endeavoring to have money due from the United States paid upon a check, hy virtue of a forged endorsement ; and for endeavor- ing to have part of a debt and pension, due from the United States, paid hy virtue of a false and forged au- thority and instrument. No. 119 (1). present, that heretofore, to wit, on the day of , in the year of our Lord eighteen hundred and , cer- tain pension-money being due from the said United States to one Lavinia Richards, formerly Lavinia McPheeters, and payable to her through and by means of the pension-agency CHIMES AGAINST OPERATIONS OF GOVERNMENT. ' 75 of the said United States at , in the state of , a cer- tain check of that date was drawn by A B , then Pension-Agent of the said United States at aforesaid, upon the Assistant Treasurer of the said United States at > in the state of , for the payment of the said pension-money so due, to wit, the sum of one thousand dollars, to the order of the said Lavinia Richards, formerly Lavinia McPheeters, in the same check styled Laura McPheeters; And that the said C D , afterwards, to wit, on the day of , in the same j'^ear eighteen hundred and , (the said pension- money still being due as aforesaid,) at aforesaid, in the district aforesaid, having in h— possession the said check, whereon was then and there written a certain false and forged endorsement of the same, of the tenor following, to wit, '' Laura McPheeters^'' unlawfully did fraudulently endeavor to have the said pension-money so due from the said United States received and paid upon the same check [§ 5436, R. S.J by virtue of the false and forged endorsement aforesaid ; — h — the said O D then and there well knowing the same false and forged endorsement to be false and forged: Against, etc. No. 120 (2). present, that heretofore, to wit, on the day of , in the year of our Lord eighteen hundred and , certain money, to wit, the sum of jive hundred and sixty-nine dollars and eighty-four cents, being part of a pension, was due from the said United States to one Lavinia Richards, for- merly Lavinia McPheeters, and payable to her through and by means of the pension-agency of the said United States at , in the state of ; for which pension-money so due as last aforesaid a certain check, payable to the order of Laura McPheeters, had before that time been drawn, and was then in the possession of the said C D , the tenor whereof here follows, that is to say, — \set out the check'], on the back of which last-mentioned check, when so in the possession of the said C D , was written a certain false and forged endorsement and signature, of the tenor following, to wit, " Laura McPheeters: " And that the said C D then and there, to wit. on the said day of , in the year of 76 FORMS ADAPTED TO CRIMINAL CASES. our Lord eighteen hundred and , at aforesaid, in the district aforesaid, unlawfully did fraudulently endeavor to have the said pension-money so due from the said United States as last aforesaid received and paid by virtue of the last-men- tioned check and the said false and forged endorsement and signature thereon written as aforesaid; h — the said C D then and there well knowing the same false and forged endorsement and signature to be false and forged, and not l)eing in any wise authorized or entitled to have the same pen- sion-money, or any part thereof, received by or paid to h— self or any other person. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said C D , in manner and form in this count aforesaid, did fraudulently endeavor to have a part of a debt and pension due from the [§ 6436, R. S.] said United States received and paid by virtue of a false and forged authority and instrument ; against, etc. Indictment, on Sec. 5438, K. S., for making, and present- ing to the Commissioner of Pensions, a falSe claim for an increase of pension; ' and for malting and using a false affldavit, for the purpose of obtaining payment of the same claim. No. 121 (1). being then in receipt of an invalid pension from the said United States, at the rate of eight dollars per month, did make and present, and cause to be presented, to the then Commissioner of Pensions^ of the said United States, for pay- 1 That Sec. 5438, R. S., applies to false pension claims, see U. S. v. Ooggin, 3 F. R. 498; contra, 9 Crim. L. Mag. 707, arguing that only Sec. 4746, R S., apjilies to such a case. 2 Name of person holding the office need not be alleged. U. S. v. Ambrose, 3 F. R. 764. It was held by Mr. Justice Field, in a California case, (U. S. v. Reichhert, 13 Sawyer, 643 ; 32 F. R. 142,) that an indictment was defective which charged the defendants with presenting a false claim to the Surveyor-General, with- out alleging that that officer was authorized to allow and approve the claim. But does this apply in a case where the law gives such an authority to the officer? CEIMES AGAINST OPEEATIONS OF GOVEENMENT. 77 ment and approval," a certain claim in writing of him the said , upon and against the government of the said United States, for an increase of the said pension ; which said claim then and there was false, fictitious and fraudulent, in this, that in and by the same the said pretended and alleged, in substance, that he was wounded, while in the military service of the said United States, and in the line of his duty in that service, in an engagement with the public enemy, at Clark's Plantation, in Georgia, about the sixteenth day of June, in the year eighteen hundred and sixty-four, by a piece of shell, in the left hand and wrist, and that thereby he the said , at the time of the making and present- ing of the said claim, was so disabled as to be entitled to an increase of his said pension to the rate then allowed by law to persons who had lost one hand ; whereas in truth and in fact the said was not wounded while in the military service of the said United States, and in the line of his duty in that service, in an engagement with the public enemy, at or near Clark's Plantation, in Georgia, about the sixteenth day of June, in the year eighteen hundred and sixty-four, by a piece of shell, in the left hand and wrist, and he the said was not, at the time of the making and presenting of the said claim, entitled to such increase of pension, or to any pension whatever from the said United States, by reason of any wound received by him in the military service of the said United States, and in the line of his duty in that service ; he the said , at the time when he so made, presented and caused to be presented the said claim, well knowing the same to be false, fictitious and fraudulent as aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , at the time and place and in man- ner and form as aforesaid, did make and [§ 5438, R. S.] present, and* cause to be presented, to an officer in the civil service of the said United States, for payment and approval, a false, fictitious and fraudulent claim upon and against the government of the said United States, he the said then and there well knowing the said claim to be false, ficti- tious and fraudulent ; against, etc. 'See U. 8. v. Ambrose, supra. * Not double. See U. S. v. Hull, U ¥. K ^U. And see No. 6, note 16. 78 FOEMS A.DAJ>TED TO CRIMINAL CASES. No. 122 (2). being then and there a pensioner of the said United States, at the rate of eight dollars per month, and then and there making claim upon and against the government of the said United States for an increase of pension, did make, and send and cause to be sent to the then Commissioner of Pen- sions of the said United States, for the purpose of obtaining and aiding to obtain the approval and payment of the same claim, a certain affidavit and deposition ' in writing of him the said , as follows, to wit : [set out the affidavit accord- ing to its tenor] ; Which said affidavit and deposition was and is false, and an affidavit and deposition containing fraudulent and fictitious statements, in this, that the said was not wounded in an engagement with the enemy, at or near Clark's Plantation, Georgia, about the sixteenth day of June, in the year eighteen hundred and sixty-four, by a piece of shell, in the left hand and wrist, — and in this, that the said was never disabled, as in the said affidavit and depo- sition alleged, by reason of any wound received by him while in the military service of the said United States, and in the line of his duty in that service, — -and in this, that he the said was never entitled to any pension by reason of any disability incurred by him while in the military service of the said United States, and in the line of his duty in that service; he the said , at the time of so making, sending and causing to be sent the said affidavit and deposition, well know- ing the same to be false, and to contain fraudulent and ficti- tious statements, as aforesaid. And so the grand jurors afore- said, upon their oath aforesaid, do say, that the said , at the time and place and in manner and form as in this count aforesaid, for the purpose of obtaining and aiding to obtain the approval and payment of a claim upon and against thfe government of the said United States, unlawfully did make and use, and cause to be used, a false affidavit and deposition,. [§ 6438, K. S.] knowing the same to contain fraudulent and fictitious statements ; against, etc. 1 Not double. See U. S. v. Corbin, 11 F. E. 338. And see No. 6, note 16. CKIMES AGAINST OPERATIONS OF GOVERNMENT. 7'J Indictment, on Sec. 5438, R. S., for making, and present- ing to the Commissioner of Pensions, a false claim for an Increase of pension. No. 123, being then in receipt of an invalid pension from the said United States, at the rate oi four dollars per month, did make and present, and cause to be presented, to the then Commissioner of Pensions of the said United States, for ap- proval and payment, a certain claim in writing of him the said , upon and against the government of the said United States, for an increase of the said pension; which said claim then and there was false, fictitious and fraudulent, in this, that in and by the same the said pretended and alleged, in substance, that he incurred scrotal hernia of the left side, while in the military service of the said United States, and in the line of his duty in that service, and thereby became disabled, and that by reason of an increase of dis- ability from the same cause he the said believed himself to be entitled to an increase of the said pension; whereas in truth and in fact the said did not incur scrotal hernia of the left side, or of either side, while in the military service of the said United States, and in the line of his duty in that service, and was not disabled by reason of any hernia, or other like injury, so incurred, and he the said never was entitled to such increase of pension, or to any pension whatever from the said United States, by rea- son of any injury received by him in the military service of the said United States, and in the line of his duty in that service ; he the said , at the time when he so made, presented and caused to be presented the said claim, well knowing the same to be false, fictitious and fraudulent as aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , at the time and place and in manner and form as aforesaid, did make and pre sent, and cause to be presented, to an officer in the civil serv- ice of the United States, for approval and [§ 5438, R. S.] payment, a false, fictitious and fraudulent claim upon and 80 FORMS ADAPTED TO OBIMINAL CASES. against the government of the said United States, he the said then and there well knowing the said claim to be false, fictitious and fraudulent ; against, etc' Indictment, on Sec. 5438, E. S., for making a false affida- vit, containing fraudulent and fictitious statements, for the purpose of aiding to obtain the approyal and payment of a pension claim. No. 124. ■ present, that G E. W , late of the city of ■ the said district, on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, for the purpose of aiding to obtain the ap- proval and payment of a certain claim upon and against the government of the said United States, to wit, a certain claim of one "W" y for invalid military pension, under the laws of the said United States, feloniously did make a certain false affidavit and deposition, of the tenor following, that is to say : . Which said affidavit and deposition then and there, to wit, at the time and place of the making thereof as aforesaid, was a false affidavit and deposition, and contained statements fraudulent and fictitious, in this, that the said G E. "W was not then late a captain in Company A of the Thirteenth Eegiment of Infantry in the army of the said United States, nor was he ever a captain in that company or regiment, or an officer in the regular army of the said United States, — and in this, that the said G E. "W" did not then know the said "W V to have been a private soldier in Company B of the Sixteenth Eegiment of United-States Infantry, in the war of eighteen hundred and sixty-one, as set forth in the said false affidavit and deposition, — and in this, that the said G E. "W , at the time of making the said false affida- vit and deposition as aforesaid, did not know the said W V to have incurred disability, or to have been wounded, while in the military service of the said United States, and in the line of his duty, on or about the first day of September, 1 A count may be added similar to No. 123. CEIMES AGAINST OPEKATIONS OF GOVEENMENT. 81 in the year eighteen hundred and sixty-four, at Jonesboro, in the state of Georgia, as alleged in the said false aiRdavit and deposition, — and in this, that the said G E. W was not present at any time in battle, about the day and year and at the place last aforesaid, when the said W V was wounded, and did not on such occasion help to carry the said W Y from the battle-field, as in the said false affida- vit and deposition is alleged ; he the said G E. W , at the time of so making the said false affidavit and deposition, at aforesaid, in the district aforesaid, well knowing the same to be false, and to contain fraudulent and fictitious state- ments as aforesaid, and well knowing those fraudulent and fictitious statements to be fraudulent and fictitious. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said G E. "W , in manner and form aforesaid, for the purpose of aiding to obtain the approval and payment of a certain claim upon and against the government of the said United States, did make a false affidavit and deposition, knowing the same to contain fraudulent and [§ 5438, E. S.] fictitious statements ; against, etc. Indictment, on Sec. 5438, E. S., against widow pensioner, for making, and presenting to Commissioner of Pen- sions, a false claim for restoration of her pension, after having been dropped from the rolls for remarry- ing ; for making, and presenting to a pension-agent, a false claim for pension ; and for making and using a false affidavit, for the purpose of obtaining payment - of the last-mentioned claim. No. 125 (1). present, that Elizabeth G , otherwise called Eliza- IgiJi B , late of the city of , in the said district, hereto- fore, to wit, on the twenty-fourth day of Odoler, in the year of our Lord eighteen hundred and sixty-three, became a pen- sioner of the said United States, at the rate of eight dollars per month, by the said name of Elizabeth B , as the widow of one John B , deceased, formerly 2i private soldier in Com- pany C of the Eighty-ninth Regiment of Illinois Volunteers, in 6 82 FOEMS ADAPTED TO CEIMINAL CASES. the service of the said United States ; and that the said Eliz- abeth C , otherwise called Elizabeth B , afterward, to Avit, on the fourth day of September, in the year of our Lord eighteen hundred and sixty-six, (under the said name of Elisabeth B ,) was dropped from the rolls of pensioners of the said United States, and ceased to draw or receive a pension as such pensioner as aforesaid. And the grand ju- rors aforesaid, upon their oath aforesaid, do further > present, that the said Elizabeth C , otherwise called Elizabeth B , afterwards, to wit, on the twenty-eighth day of Febru- ary, in the year of our Lord eighteen hundred and seventy- seven, in the city and district aforesaid, did make and present, [§ 5438, R. S.J and cause to be made and presented, for ap- proval and payment, to and by the Commissioner of Pensions of the said United States, a certain claim upon and against the government of the said United States, that is to say, a certain claim of her the said Elizabeth O ■, otherwise called Elizabeth B , (under the said name of Elizabeth B ,) to be restored to the said rolls of pensioners of the said United States, as such pensioner as aforesaid, and to draw and re- ceive such pension from the time she was so dropped from the said rolls as aforesaid; which said claim then and there, at the time it was so made and presented, was false, fictitious and fraudulent, in this, that the said Elizabeth C , other- wise called Elizabeth B , after the death of the said John B , and after she so became such pensioner as aforesaid, and before the making and presenting of the said claim as aforesaid, had intermarried with one John W. C , and thereby had ceased to have any right to such pension; she the said Elizabeth O , otherwise called Elisabeth B , at the time of the making and presenting of the said claim as aforesaid, there well knowing the same to be false, ficti- tious and fraudulent as aforesaid : Against, etc. No. 126 (2). further present, that the said Elizabeth C , other- wise called Elizabeth B , heretofore, to jvit, before and on the twenty-thirjd day of July, in the year of our Lord eighteen 1 See No. 6, note 14. CEIMES AGAINST OPERATIONS OF GOVERNMENT. 83 hundred and seventy-seven, under the said name of Elizabeth B , was a pensioner of the said United States at the rate of eight dollars per month, as the widow of one John B , deceased, formerly a private soldier in Company C of the Eighty-ninth Regiment of Illinois Volunteers, in the service of the said United States; and that the said Elizabeth , otherwise called Elizabeth B , on the day last aforesaid, in the city and district aforesaid, did make and present, and cause to be made and presented, for approval [§ 6138, E. S.J and payment, to A G. S , then Pension- Agent of the said United States, and an officer in the civil service thereof, at aforesaid, a certain other claim upon and against the government of the said United States, that is to say, a certain claim of her the said Elizabeth G , otherwise called Eliza- beth B , (under the said name of Elizabeth B ,) for one hundred and twenty-nine months' pension, as such pensioner as aforesaid, from \hGi fourth day of September, in the year of our Lord eighteen hundred and sixty-six, to the fourth day of June, in the year of our Lord eighteen hundred and seventy- seven; which last-mentioned claim then and there, at the time it was s© made and presented, was false, fictitious and fraudu- lent, in this, that the said Elzabeth C , otherwise called Elizabeth B , after the death of the said John B , and before the making and presenting of the last-mentioned claim as aforesaid, had intermarried with one John W. C , and thereby had ceased to have any right to such pension; she the said Elizabeth C , otherwise called Elizabeth B , at the time of the making and presenting of the last-mentioned claim as aforesaid, there well knowing the same to be false, fictitious and fraudulent as aforesaid : Against, etc. No. 127 (3). further present, that the said Elizabeth C , other- wise called Elizabeth B , heretofore, to wit, before and on the twenty-third day of July, in the year of our Lord eighteen hundred and seventy-seven, under the said name of Elizabeth B , was a pensioner of the said United States, at the rate of eight dollars per month, as the widow of John B , de- ceased, formerly a soldier in the military service of the said 84 FOEMS ADAPTED TO CRIMINAL CASES. United States ; and that the said Elisabeth C , otherwise called Mizdbeih B , on the day last aforesaid, in the city and district aforesaid, did make and present, and cause to be made and presented, for approval and payment, to A C. S , then Pension- Agent of the said United States, and in the civil service thereof, at aforesaid, a certain claim upon and against the government of the said United States, that is to say, a certain claim of her the said Elizaheih C , otherwise called Elisabeth B , (under the said name of Elizaheih B ,) for one hundred and twenty-nine months' pension, as such pensioner as aforesaid, from the fourth day of September, in the year of our Lord eighteen hundred and sixiA/six, to the fourth day of June, in the year of our Lord eighteen hundred and seventy-seven. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said Elisabeth C , otherwise called Elisabeth B , on the said Imenty-thh^d day of July, in the year of our Lord eighteen hundred and seventy-seven, in the city and district aforesaid, for the purpose of obtaining the approval and pay- ment of the claim last aforesaid, did make and use, and cause [§ 5438, E. S.] to be used, a certain false affidavit of her the said Elisabeth C , otherwise called Elisabeth B , (under the said name of Elizabeth B ,) containing, amongst other things, a fraudulent and fictitious statement to the effect that she the said Elisabeth , otherwise called Elizabeth B , was then the widow of the said John B , deceased, and a further fraudulent and fictitious statement to the effect that she the said Elisabeth C , otherwise called Elizabeth B , had not intermarried since the death of the said John B — -; whereas in truth the said Elizabeth C , otherwise called Elisabeth B , at the time of the making and using of the said false afiidavit as aforesaid, was not the widow of the said John B , deceased, an^J had intermarried with one John W. C since the death of the said John B ; she the said Elisabeth C , otherwise called Elisabeth B , at the time of the makiflg and using of the said false affidavit as aforesaid, there well knowing the same to contain the fraud- ulent and fictitious statements aforesaid : Against, etc. CKIMES AGAINST OPERATIONS OF GOVERNMENT. 85 Indictment, on Sec. 5438, R. S., against pensioner as widow of soldier, for making and presenting to pension-agent, for approval and payment, false claims for instalments of pension, after having remarried. No. 128 (1). present, that Dora Bowen, late of the city of , in the said district, before the several times of the committing of the several offenses hereinafter mentioned, to wit, on the day of , in the year of our Lord eighteen hundred and sixty-four, by and under the name and surname of Do^^a Dimond, became a pensioner of the said United States, under the laws thereof concerning pensions, at the I'ate of eight dollars a month, during her widowhood, as the widow of one William, Dimond, before then deceased, late a private soldier of Company F of the Fifth Regiment of New- York Volunteer Artillery, in the service of the said United States. And the grand jurors aforesaid, upon their oath aforesaid, do further present,' that the said Dora Bowen, so having become such pensioner, afterwards, to wit, on the sixth day of June, in the year of our Lord eighteen hundred and eighty-foe, at aforesaid, in the district aforesaid, did malie and present to A C. S , then Pension-Agent of the [§ 5438, E. S.j said United States at aforesaid, for approval and pay- ment, a certain claim of her the said Dora Bowen (under the said name and surname of Dora Dimond) upon and against the government of the said United States, for three months' pension, as such pensioner as aforesaid, from the fourth day of March, in the same year eighteen hundred and eighty-five, to the fourth day of June, in that yeaf ; which said claim, at the time when the same was so made and presented as afore- said, was there a false, fictitious and fraudulent claim, in this, that before the making and presenting of the same as afore- said, and before the beginning of the said period of three months, the said Dora had remarried, (after the death of the said William Dimond^ by intermarrying with one Patrick Bowen, and thereby the right of the said Dora to such pen- 1 See No. 6, note 14. 00 FOKMS ADAPTED TO CEIMINAL CASES. sion as aforesaid had ceased and been determined ; she the said Dora Bowen, at the time of so making and presenting the said claim, there well knowing the same to be false, fic- titious and fraudulent, and intending thereby to defraud the said United States; against, etc. No. 129 (2). further present, that the said Dora Bowen, so having become such pensioner,' afterwards, to wit, on the ninth day of September, in the year of our Lord eighteen hundred and eighty-five, at aforesaid, in the district aforesaid, did make [§ 5438, R. S.] and present to A C. S , then Pension- Agent of the said United States at aforesaid, for ap- proval and payment, a certain other claim of her the said Dora Bowen (under the name and surname of Dora Dimond), upon and against the government of the said United States, for other three months' pension, as such pensioner as afore- said, from the fourth day of June, in the same year eighteen hundred and eighty-fime, to the fourth day of September, in that year ; which claim last aforesaid, at the time when the same was so made and presented as aforesaid, was there a false, fictitious and fraudulent claim, in this, that before the making and presenting of the same as aforesaid, and before the begin- ning of the last-mentioned period of three months, the said Dora had remarried, (after the death of the said William Di- Tnond,) by intermarrying with one Patrick Bowen, and thereby her right to such pension as aforesaid had ceased and been determined ; she the said Dora Bowen, at the time of so mak- ing and presenting the last-mentioned claim, there well know- ing the same to be false, fictitious and fraudulent as aforesaid, and intending thereby to defraud the said United States; against, etc. 1 See No. 437, noted. CRIMES AGAINST OPERATIONS OF GOVERNMENT. 87 Indictme^t, on Sec. 6438, E. S., (and on Sec. 4746, R. S.,) for causing and procuring to be made, and for present- ing and using, a false affidavit in support of a pension- claim on behalf of a minor. No. 130. ■ present, that Emily J. R , late of the county of , in the said district, before the committing of the offense hereinafter mentioned, had made and presented to the Com- missioner of Pensions of the said United States for the time being a certain claim in writing of her the said Emily J. R for a pension from the said United States, under the laws thereof concerning pensions for children under the age of sixteen years ; the said Emily J. R in and by her said claim alleging herself to be the legal guardian of one Ina Victoria C , and alleging the said Ina Victoria C to be the only surviving legitimate child of one Lyman C , and under the age of sixteen years, and alleging the said Ly- man C to have enlisted in Company D of the Eighth Reg- iment of Michigan Cavalry, in the war of eighteen hundred and sixty-one, and to have died of wounds received and dis- ease contracted in that service. And the grand jurors afore- said, upon their oath aforesaid, do further present, that the said Emily J. R , afterwards, to wit, on the day of , in the year of our Lord eighteen hundred and , within the county and district aforesaid, for the purpose of obtaining and aiding to obtain the approval and payment of the said claim, did knowingly and wilfully cause and procure to be made, and present and cause to be presented to the then Commissioner of Pensions of the said United States, a certain affidavit and deposition in writing of one Daniel B. G , concerning the same claim, and referring to Lyman C be- fore mentioned, and of the tenor following, to wit : Statk of Indiana \ S County ss. j In the matter of claim for Invalid pension of Lyman C late of Co. D, 8" Michigan Cavalry, comes Dr. Daniel B. G a reputable physician of said county and State and upon his oath declares in relation to said matters as follows : he has been a practising phy- sician for 45 years and knew Lyman C , who enlisted in Co. D 8 Mich. 88 rOKMS ADAPTED TO CEIMINAL CASES. Caveliy I do not remember the date of his entering the army he came home the 25th day of August 1865 and died the 15th of October I knew him some time before he enlisted and he was a hale healthy man, when he came liome he was suffering from Gun shot wound in the hip and with chronic Diorhea and was very much immatiaated I was called to see him and done all I could for him until his death, and I have no interest in and am not concerned in the prosecution of this claim. Daniel B. G M. D. Subscribed and sworn to before me this 5" day of July 1883 and I cer- tify that I am not concerned in the prosecution of this claim. [L. S.] Oeville G , Clerk S Circuit Court — : Which said affidavit was and is false, and an affidavit and dep- osition containing fraudulent and fictitious statements, in this, that the said Lyman C did not die on or about the fifteenth day of October, in the year eighteen hundred and sixty-five, as in the said affidavit and deposition alleged, but was still living at the time when the said Emily J. li so caused and procured to be made, and presented and caused to be presented, the said affidavit and deposition as aforesaid; she the said Em,ily J. R then well knowing the said affi- davit and deposition to contain the fraudulent and fictitious statements as aforesaid concerning the death of the said Ly- man C , and well knowing those statements to be fictitious and fraudulent, and well knowing the said Lyman to be then still living, and well knowing the said affidavit and deposition to be false as aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said Emily J. E , at the time and place and in manner and form as aforesaid, for the purpose of obtaining and aiding to obtain the approval and payment of a claim upon and against the government of the said United States for a pension, unlaw- [§ 5438, R. S. (and § 4746, E. S.)] fully did knowingly cause and procure to be made, and present and use, and cause to be presented and used, a false affidavit and deposition, knowing the same to contain fraudulent and fictitious statements; against, etc. CEIMES AGAINST OPEEATIONS OF GOVERNMENT. 89 Indictment, on Sec. 5438, R. S., against the guardian of a minor pensioner, for making and presenting to a pen- sion-agent a claim for an installment of pension for a period subsequent to the pensioner's death; and for making and using a false affidavit, for the purpose ol obtaining payment of the same claim. No. 131 (1). present, that one EUsha S. Clarlc, heretofore, to wit, on the seventh day of July, in the year of our Lord eighteen hundred and sixty-eight, became a pensioner of the said United States, at the rate of eight dollars per month, commencing on the twenty-first day of October, in the year of our Lord eighteen hundred and sixty-four, with two dollars per month additional from the twenty-fifth day of July, in the year of our Lord eighteen hundred and sixty-six, as the minor child, under the age of sixteen years, of one EUsha C. ClarTc, deceased, for- merly a musician in Company C of the Eighty-eighth Regiment of Illinois Yolunteers,m\\iQ service of the said United States; which said pension was to continue until the said EUsha S. ClarTc shouM arrive at the age of sixteen years, to wit, until the ninth day of June, in the year of our Lord eighteen hun- dred and seventy-eight: And that C A. G , late of the city of , in the said district, on the fifth day of December, in the year of our L6rd eighteen hundred and seventy-seven, in the city and district aforesaid, did make and present, and cause to be made and presented, for payment and approval, to A C. S , then Pension-Agent of [§ 5438, R. S.j the said United States at aforesaid, a certain claim upon and against the government of the said United States, that is to say, a certain claim of h — the said C A. G , as guard- ian of the said minor EUsha S. Clarh, to three months' pension for the said EUsha S. Clarlc, as such pensioner as aforesaid, from the fourth day of September, in the year eighteen hun- dred and seventy-seven, to the fourth day of December, in the same year; which said claim, at the time when it was so made and presented as aforesaid, was false, fictitious and fraudulent, in this, that the said EUsha 8. Clarh, before the making and 90 FOEMS ADAPTED TO CEIMINAL CASES. presenting of the said claim as aforesaid, and before the said fourth day of September, in the year of our Lord eighteen hundried and seventy-seven, to wit, on the thirtieth day of Sep- tember, in the year of our Lord eighteen hundred and seventy- five, departed this lifei, and thereby the said pension then ceased and was determined ; — h — the said C A. G- > at the time when — h — so made and presented, and caused to be made and presented, the said claim, there well knowirg the same to be false, fictitious and fraudulent as aforesaid : Against, etc. No. 132 (2). further present, that heretofore, to wit, on the seventh day of July, in the year of our Lord eighteen hundred and sixty-eight, the said Elisha S. Clark became a pensioner of the said United States, at the rate of eight dollars per month, commencing on the twenty-first day of October, in the year of our Lord eighteen hundred and sixty-four, with two dollars per month additional from the twenty-fifth day of July, in the year of our Lord eighteen hundred and sixty-six, as the minor child, under the age of sixteen years, of one Elisha G. Clark, deceased, formerly a musician in the military service of the said United States ; which pension was to continue until the said Elisha S. Clark should arrive at the age of sixteen years, to wit, until the ninth day of June, in the year of our Lord eighteen hundred and seventy-eight: And that the said C A. G , on the^i^A day of December, in the year of our Lord eighteen hundred and seventy-seven, at aforesaid, ia the dis- trict aforesaid, did make and present, for payment and approval, to A C. S , then Pension-Agent of the said United States, and in the civil service thereof, at aforesaid, a certain claim upon and against the government of the said United States, that is to say, a certain claim of h — the said C A. G , as guardian of the said minor Elisha S. Clark, to three months' pension for the said Elisha S. Clark, as such pensioner as last aforesaid, from the fourth day of September to the fourth day of December, in the same year eighteen hundred and seventy-seven. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said C A. G , on the said fifth day of December, CEIMES AGAINST OPEKATIONS OF GOVEENMENT. 91 in the year of our Lord eighteen hundred and seventy-seven, in the city and district aforesaid, for the purpose of obtaining the approval and payment of the claim last aforesaid, unlaw- fully did make and use a certain false affidavit [§ 5438, R. S.] of h — the said C A. G , containing, amongst other things, a fraudulent and fictitious statement to the effect that the said Elisha S. Clarh was then still living; whereas in truth and in fact the said Elisha 8. Clark, at the time of the making and using of the said false affidavit as aforesaid, was not living, but had died long before that time, and before the saXd. fourth day of September, in the year of our Lord eighteen hundred and seventy-seven; — h — the said C A. G , at the time of so making and using the said false affidavit, there well knowing the same to contain the fraudulent and ficti- tious statement aforesaid, and well knowing that statement to be fraudulent and fictitious : Against, etc. Indictment, on Sec. 5438, E. S., for making and using a false affidavit, for tlie purpose of aiding a minor pen- sioner's guardian to obtain payment of the pension for a period subsequent to the pensioner's death. No. 133. present, that one Elisha 8. Clarh, heretofore, to wit, on the seventh day of July, in the year of our Lord eighteen hundred and sixty-eight, became a pensioner of the said United States, at the rate of eight dollars per month, commencing on the twenty-first day of October, in the year of our Lord eighteen hundred and sixty-four, with two dollars per month additional from the twenty-fifth day of July, in the year of our Lord eighteen hundred and sixty-six, as the minor child, under the age of sixteen years, of one Elisha C. Clark, deceased, late an enlisted mania, the mihtary service of the said United States; which said pension was to continue until the said Elisha 8. Clarh should arrive at the age of sixteen years, to wit, until the ninth day of June, in the year of our Lord eighteen hun- dred and seventy-eight: And that one G A. G , on the fifth day of December, in the year of our Lord eighteen hun- 92 FOEMS ADAPTED TO CRIMINAL CASES. drecl and seventy-seven, at the city of , in the district afore- said, did make and present, for payment and approval, to A C. S , then Pension- Agent of the said United States, and as such an officer in the civil service thereof, at afore- said, a certain claim upon and against the government of the said United States, that is to say, a certain claim of h — the said C A, G , as guardian of the said minor JEUsha S. Clark, to three months' pension for the said Elisha S. Clark, as such pensioner as aforesaid, from the fourth day of September, in the said year eighteen hundred and seventy-seven, to the fourth day of December, in the same year. - And the grand jurors aforesaid, upon their oath aforesaid, do further present, that A N and S J. !N , late of aforesaid, on the said fifth day of December, in the year of our Lord eighteen hundred and seventy-seven, in the city and district [§ 5438, R. S.] aforesaid, for the purpose of aiding the said C A. G to obtain the payment and approval of the said claim, unlawfully did make and use, and cause to be used, a certain false affidavit of them the said A IT and S J. IST , containing, amongst other things, a fraudu- lent and fictitious statement to the effect that the said Elisha S. Clark was then still living ; whereas in truth and in fact the said Elisha S. Clark, at the time of the making and using of the said false affidavit as aforesaid, was not living, but had died long before that time, and before the said fourth day of September, in the j^ear of our Lord eighteen hundred and seventy-seven; they the said A N and S J. N , at the time of so making and using, and causing to be used, the said false affidavit, there well knowing the same to con- tain the fraudulent and fictitious statement aforesaid, and well knowing that statement to be fraudulent and fictitious: Against, etc. CEIMES AGAINST OPEEATIONS OF GOVERNMENT. 93 Indictment, on Sec. 5439, R. S., for stealing property of the United States, furnished and to be used for the military service; with counts on Sec. 5456, R. S., for taking and carrying away personal property of the United States. No. 134 (1). a quantity of copper cartridge-shells, to wit, pounds of copper cartridge-shells, of the value of dollars, then and there being the goods and property of the said United States, and furnished and to be used for the military service thereof, feloniously did steal, take and carry away ; against, etc. [§ 5439, R. S.] No. 135 (2). five thousand metal cartridge-shells, each of the vaUie of one cent, then and [etc. as in No. 134.J [§ 5439, R. S.J No. 136 (3). five thousand metal cartridge-cases, each of the value of one cent, of the goods and property of the said United States then and there being, and then and there furnished and to be used for the military service of the said United States, feloniously did steal, take and carry away; [§ 5439, R. S.] against, etc. No. 13Y (4). five thousand ■ metal cartridge-cases, each of the value of one cent, of the goods and personal property of the said United States then and there being, feloniously did steal, take and carry away ; against, etc. [§ 5456, R, S.j No. 138 (5). a quantity of copper, to wit, pounds of copper, of the value of dollars, of the goods and personal property of the said United States then and there being, feloniously did steal, take and carry away ; against, etc. [§ 5456, R. S.] 94 ■pOEMS ADAPTED TO CEIMINAL CASES. Indictment, on Sec. 5440, K. S., (1 Snpp. R. S.,2d Ed. 264,) for conspiring to defraud the United States by manu- factaring and disposing of distilled spirits without paying the tax. No. 139. present, that P K , J T , S E. T and D F. D , laie of the city of , in the said district, on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the dis- trict aforesaid, unlawfully did conspire together, and with divers other persons to the said grand jurors unknown, to [§ 5440, R. S.] engage in and carry on the business of a dis- tiller, and to manufacture distilled spirits, and to remove, sell and dispose of the distilled spirits which should be so manu- factured, without payment of the internal-revenue tax thereon, and thereby ' to defraud the said United States of the said tax on the same distilled spirits; and that to eilect the object of the said conspiracy, the said P K , J T , S P. T and D F. D did then and there procure, and store and conceal in a certain building there situate, a certain still and distilling-apparatus for the producing of distilled spirits ; and that further to effect the object of the said con- spiracy, the said P K , J T , S E. T and D F. D did then and there conceal and keep, in a certain other building there situate, a certain mash fit for distillation and for the production of distilled spirits : Against, etc. 1 The means by -which the fraud is to be consummated need not be set forth. U. S. V. Gordon, 32 F. R. 350. CRIMES AGAINST OPERATIONS OF GOVERNMENT. 95 Indictment, on Sec. 5440, R. S., (1 Snpp. R. S., 2d Ed. 264,) for conspiring to defraud the United States, by remov- ing distilled spirits from a distillery to a place other than the distillery-warehouse, without paying tax; with a count on Sec. 3296, R. S., for aiding and abet- ting some unknown person in so removing the same spirits. No. 140 (1). present, that T G , W G , J- J. McG and W W. P , late of the town of Au Sadie, in the said district, on the day of , in the year of our Lord eighteen hundred and , at Au Sable aforesaid, in the district aforesaid, unlawfully did conspire and agree together, and with divers other persons to the [§ 5440, R. S.J said grand jurors unknown, to defraud the said United States of the internal-revenue tax by law payable upon a certain large quantity, to wit, ten thousand proof-gallons, of distilled spirits ; and that to efiPect the object of the said unlawful conspiracy and agreement, the said T G afterwards, to wit, on the day aforesaid, at Au Sable aforesaid, unlawfully did cause and procure a certain large quantity of the distilled spirits 'aforesaid, to wit, Jive thousand gallons thereof, to be removed from the distillery where the same were produced, to wit, the distillery of the said T G , there situate, to some place to the said grand jurors unknown, other than the distillery- warehouse provided by law, without the payment of the said tax on the said distilled spirits so removed as aforesaid; against, etc. No. 141 (2). further present, that the said T G , W G , J J. McG and W W. F , and divers other persons to the grand jurors aforesaid unknown, hereto- fore, to wit, on the day of , in the year of our Lord eighteen hundred and , at Au Sable aforesaid, in the said District of • , did conspire together unlawfully to put upon the market a large quantity, to wit, Jive thousand proof- gallons, of distilled spirits, subject to tax [§ 5440, R. S.J under the provisions of the internal-revenue law of the said 98 FOSMS ADAPTED TO CEIMINAL CASES. United States, without the said tax thereon being paid, and thereby to defraud the said United States of the said tax ; and to effect the object of the said conspiracy, the said T G did then and there remove the said spirits from the distillery where they were manufactured, to wit, the distillery of him the said T Q , there situate, to a place other than the distillery-warehouse provided by law, to wit, to the rectifying establishment of the said W W. P , situate in the city of , in the said district, without the payment of the said tax on those distilled spirits ; against, etc. No. 142 (3). further present, that the said T G , heretofore, to wit, on the day of , in the year of our Lord eight- een hundred and , at Au Sable aforesaid, in the said District of , was engaged in carrying on the business of a distiller, and did then and there have a certain distillery, and also a distillery-warehouse, situated on and constituting a part of the distillery-premises occupied by the said T Gr , as provided by law; and that some person to the grand jurors aforesaid unknown did then and there remove from the said distillery of the said T G — •— a large quan- tity, to wit, ten thousand proof-gallons, of distilled spirits, manufactured at the said distillery, and subject to tax under the provisions of the internal-revenue law of the said United States, and on which said spirits such tax had not been paid, to a place other than the said distillery-warehouse provided by law as aforesaid, to wit, to some place to the said grand jurors unknown ; and the said T G^ — , "W" G , J J. McG and W— — W. P did aid and abet the [§ 3296, K, S.J said person unknown in so removing the said spirits as aforesaid ; against, etc. OKIMES AGAINST OPERATIONS OF GOVEENMENT. 97 Indictment, on Sec. 5440, K. S., (1 Supp.R. S., 2d Ed. 264,) for conspiring to defraud the United States, and to commit an offense against them, Iby setting up an illicit distillery, etc. No. 143 (1). _ present, that J C. B , S 0. H^ , and , late of the city of , in the said district, on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, unlawfully did conspire together, and with divers other [§ 5440, R. S.] persons to the said grand jurors unknown, to commit an of- fense ' against the said United States, that is to say, to carry on the business of a distiller, without having given bond as required by law; and that to effect the object of the said con- spiracy, the said J C. B then and there unlawfully did set up, and cause to be set up, in a certain building there situate, a certain illicit still, for the purpose of producing dis- tilled spirits, and with design to evade the payment of the internal-revenue tax on the distilled spirits which should be so produced ; and that further to effect the object of the said conspiracy, the said J C. B then and there unlawfully did make and ferment a certain mash, fit for distillation, in the building aforesaid, the same not then and there being a distillery duly authorized according to law: Against, etc. No. 144 (2). unlawfully did conspire together, and with divers other persons to the said grand jurors unknown, to commit an oflFense against the said United States, [§ 5440, E. S.] that is to say, to engage in and carry on the business of a dis- tiller, with intent to defraud the said United States of the tax, to wit, the internal-revenue tax imposed by law, on the spirits which should be distilled by them the said J C. B , S 0. H , and J A , and the last-men- tioned persons to the said grand jurors unknown ; and that to 1 The conspiracy must be sufHciently charged, V. S. v. Britton, 108 U. S. 199; Pettibone v. U. S., 148 Id. 197; U. S. v. Milner, 36 F. R. 890. 7 wo FOEMS ADAPTED TO CRIMINAL OASES. eflFect the object of the conspiracy last aforesaid, the said J C. B , S C. H and J A then and there unlawfully did set up, and cause to be set up, a certain illicit and unregistered still, for the purpose of making dis- tilled spirits, and with design to evade the payment of the in- ternal-revenue tax on the distilled spirits which should be so made ; and that further to effect the object of the conspiracy last aforesaid, the said J 0. B , S 0. H and J A then and there unlawfully did make and ferment a certain mash, fit for the production of spirits, in a certain building there situate, the same not then and there being a distillery duly authorized according to law : Against, etc. No. 145 (3). unlawfully did conspire together, and with divers other persons to the said grand jurors unknown, to manufact- ure divers large quantities of distilled spirits, and the same [§ 5440, R. S.] to dispose of and put upon the market, with- out payment of the internal-revenue tax which by law would be due and payable on the same to the said United States, and thereby to defraud the said United States of the amount of the said tax on the same distilled spirits ; 'and that to efPect the object of the conspiracy last aforesaid, the said J — — C. B — — then and there unlawfully did set up, and cause to be set up, in a certain building there situate, a certain illicit still, for the purpose of manufacturing distilled spirits, and with design to evade the payment of the said internal-revenue tax on the distilled spirits which should be so manufactured ; and that further to effect the object of the conspiracy last afore- said, the said J C. B then and there unlawfully did make and ferment a certain mash, fit for distillation, in the building last aforesaid, the same not then and there being a distillery duly authorized according to law : Against, etc. CRIMES AGAINST OPERATIONS OF GOVERNMENT. 99 Indictment, on Sec. 5440, R. S., (1 Supp. E. S., 2d Ed. 264,) for conspiring to defraud the United States of the tax on certain distilled spirits ; with counts on Sec. 3281, R. S., (Sec. 16, Act of Feb. 8, 1875,-1 Supp. R. S., 2d Ed., 60,) for carrying on business of a distiller without having given bond, and for engaging in same business with in- tent to defraud the United States of the tax ; and with a coxint on Sec. 3258, R. S., for having a still set up and not registered. No. 146 (1). unlawfully did conspire together, and with divers other persons to the said grand jurors unknown, to [§ 5440, R. S.] produce, and cause to be produced, divers large quantities of distilled spirits, and to remove the same from the place of production thereof, and dispose of the same, without payment of the internal-revenue tax to which the distilled spirits which should be so produced would by law be subject, and thereby to defraud the said United States of the amount of the said tax on the distilled spirits which should be so produced ; and that in pursuance of the said unlawful conspiracy, and to ef- fect the object thereof, the said H M. A afterwards, to wit, on the day aforesaid, in the city and district afore- said, did produce, and cause to be produced, a certain large quantity, to wit, proof-gallons, of distilled spirits, then subject to the internal-revenue tax of ninety cents per proof- gallon' then imposed by law upon distilled spirits, and did then and there remove the distilled spirits so produced from the place of production thereof, and dispose of the same, with- out payment of the said tax thereon, and thereby did then and there defraud the said United States of the amount of the said tax on the said distilled spirits so produced as afore- said ; and that in further pursuance of the said unlawful con- spiracy, and to effect the object thereof, the said F W did then and there aid, abet and assist the said H M. A in so producing, and causing to be produced, the distilled spirits last aforesaid, and in so removing and dispos- ing of tho same without the payment of the said tax thereon, and in thereby defrauding the said United States of the amount of the said tax on those spirits: Against, etc. 100 FORMS ADAPTED TO OEIMINAL CASES. No. 14:7 (2). wickedly devising and intending to cheat and defraud the said United States, did unlawfully and fraudulently con- [§ 5440, R. S.] spire, combine, confederate and agree to- gether, and with divers other persons to the grand jurors aforesaid unknown, to defraud the said United States of the amount of tax due and payable, under the provisions of the internal-revenue law of the said United States, on and in re- spect of a certain other large quantity, to wit, proof- gallons, of distilled spirits, subject to tax under the provisions of the said internal-revenue law, and upon which said spirits said tax had not been paid. And the grand jurors aforesaid, upon their oath aforesaid, do further ' present, that the said F W- afterwards, to wit, on the day and year afore- said, at aforesaid, in the district aforesaid, in pursuance and furtherance of the aforesaid unlawful and fraudulent con- spiracy, combination, confederacy and agreement so entered into as last aforesaid, and to effect the object thereof, did re- move, and cause to be removed, the distilled spirits last afore- said, then still being subject to the tax aforesaid, from the premises where the same were produced, (the said premises not then being a lawful and registered distillery, with a dis- tillery-warehouse belonging thereto,) and did then and there conceal and dispose of the same distilled spirits, without the payment of the said tax thereon, and thereby did then and there defraud the said United States of the amount of the said tax on the same : Against, etc. No. 148 (3). further present, that the said F "W" and H M. A , on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the [§ 3281, R. S. (Sec. 16, Act of Feb. 8, 1875,— 1 Supp. R. S., 2d Ed., 60.)] district aforesaid, unlawfully did carry on the business of a distiller without having given bond as required by law ; against, etc. 1 See Na 6, note 14 CEIMES AGAINST OPEEATIONS OF GOVEENMENT. No. 149 (4). further present, that the said F W and H- M. A , on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the dis- trict aforesaid, unlawfully did engage in and [§ 3281, R. S. (Sec. 16, Act of Feb. 8, 1875,— 1 Supp. R. S., 2d Ed., 60.)] carry on the business of a distiller, with intent to defraud the said United States of the tax on the spirits distilled by them the said F "W" and H M. A ; against, etc. No. 150 (5). in the district aforesaid, and in the First Internal- Eevenue Collection-District of Illinois, unlawfully did have in their possession, and under their control, a [§ 3258, R. S.] certain still set up, and had not then registered the said still with the Collector of Internal Revenue of the said United States for the said collection-district, by subscribing and filing with him duplicate statements in writing, setting forth the particular place where the said still was so set up, the kind of still and its cubic contents, the owner thereof, his place of residence, and the purpose for which the said still had been or was intended to be used ; against, etc' Complaint, on Sec. 5440, R. S., (1 Supp. R. S., 2d Ed. 264,) for conspiring to defraud the United States by embez- zling post-offlce funds. No. 151. unlawfully did conspire together to commit an offense against the said United States of America, and to defraud the said United States, that is to say, to embezzle [§ 5440, R. S.] and purloin moneys of the said United States, being moneys received at their post-oiBce in aforesaid : And that to effect the object of the said conspiracy, the said W' H. B , on the day last aforesaid, and at divers other times afterwards, within the city and district aforesaid, being a per- son employed in the postal service of the said .United States, as a clerk in the said post-office, and having temporary custody ' For another form of count on Sec. 3358, see No. 513. 102 FOEMS ADAPTED TO CRIMINAL CASES. of postages received for and upon second-class mail-matter de- posited in the said post-office, (tLe same postages being part of the postal revenues of the said United States,) feloniously did wilfully neglect to deposit the same in the Treasury of the said United States or other depository authorized to receive the same, and did embezzle the same postages, and convert the same to the use of the said W H. B and J T. S ; the said postages being and amounting to a large sum of money, to wit, dollars and upwards : Contrary, etc. Indictment, on Sec. 5456, E. S., tor stealing money of the United States; witli a count on Sec. 5497, R. S., for converting and embezzling a portion of the public money of the United States. No. 152 (1). divers bank-notes for the payment of money, divers notes of the said United States, called United-States notes, for the payment of money, divers other notes of the said United States, called treasury-notes, for the payment of money, divers gold coins of money, and divers silver coins of money, (the particular kinds, descriptions, denominations and values of which said bank-notes, United-States notes, treasury- notes, gold coins and silver coins respectively the grand jurors aforesaid have no means of knowing, and therefore cannot set forth in this indictment,) together amounting to a large sum of money, to wit, the sum of dollars, and of the value of dollars, of the moneys and personal property of and then and there belonging to the said United States, feloni- [§ 5456, R. S.] ously did steal, take and carry away ; against, No. 153 (2). not being then and there an authorized depositary of public moneys of the said United States, feloniously did con- vert, appropriate and apply to — h — own use a portion of the public money of t£e said United States, to the amount and of the value of dollars, and thereby then and there feloni- ously did convert, appropriate and apply the same for a pur- [§ 5497, R. S.] pose not prescribed by law, and feloniously embezzle the same ; against, etc. CKIMES AGAINST THE ELECTIVE FRAN- CHISE AND CIVIL RIGHTS OF CITIZENS. Indictment, on Sec. 5508, R. S., for conspiring to injure and oppress a citizen of the United States because of his having exercised his right to TOte for a representa- tive in Congress; or, on Sec. 5509, R. S., for commit- ting an assault in violating a provision of Sec. 5508, R. S. No. 154. present, that J T , D Y and B- E , late of , in the said district, on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, unlawfully did con- spire together to injure and oppress a citizen ^ of the said United States, to wit, one B S , be- [§ 5508, R. S.J cause of his having exercised a certain right and privilege secured to him by the Constitution and laws of the said United States, that is to say, the right and privilege of vot- ing at an election then lately before, to wit, on the • day of , in the same year of our Lord eighteen hundred and , held for the choosing of a representative in the Con- gress of the said United States from the Congressional District of the state of : And that in pursuance of the said conspiracy, and to effect the object ' of the same, the said D T and B E there and then, to wit, on the day first aforesaid, with force and arms, in and upon 1 For a form of indictment on Sec. 5508, R. S., for conspiring to injure one in the custody of a United-States marshal under a lawful commitment to answer for an ofiEense against the United States, see Logan v. U. S,, 144 U. S. 263. 2 Citizenship must be averred. U. S. v. Patrick et al, 53 F. R 356, and 54 Id. 338. 3 That commission of an overt act should be averred, see Sec. 5440, R S., (Act of May 17, 1879, 1 Supp. R S., 2d Ed. 364) ; and U. S. v. ReicJiert, 33 F. R 142. 104: FOEMS ADAPTED TO OEIMINAL CASES. the said B S unlawfully did make an assault,* and [§ 5509, R. S.] him the said B S then and there did beat, wound and ill-treat, and other wrongs to him then and there did ; > against, etc. Indictment, on Sec. 5508, R. H., for conspiring to injure and intimidate a citizen of the United States in the exercise of his right to vote at an election for repre- sentative in Congress. No. 155 (1). present, that J Y , D Y and B E , late of , in the said district, on the day of , in the year of our Lord eighteen hundred and , at , aforesaid, in the district aforesaid, unlawfully did con- spire together, and with divers other persons to the said grand [§ 5508, R. S.] jurors unknown, to injure, oppress, threaten, and intimidate one B— — 8 in the free exercise and en- joyment of a certain right and privilege secured to him by the Constitution and laws of the said United States, that is to say, the right and privilege of voting at an election then and there being held for the choosing of a representative in the Congress of the said United States from the Congres- sional District of the state of ; he the said B S then and there being a citizen of the said United States and lawfully entitled to vote at the election aforesaid : And that in pursuance of the said conspiracy, and to effect the object of the same, and for the purpose of intimidating the said B S in the free exercise and enjoyment of his said right and privilege, the said D Y and B E unlawfully did then and there threaten to beat and injure him the said B S if he should exercise his said right and privilege; against, etc. * See V. S. V. Lancaster, 44 F. R 885, 894, as to joining charges under Sees. 5508 and 5509, R. S., in one indictment. And see, also, U. S. v. Pat- rick et al., 54 Id. 338. 5 This form was suggested by the case of Ex parte Yarbrough, 110 U. S. 651. See this case for the form of an indictment on Sec. 5508, R S., held to be good. When used as a count on Sec. 5509, conclude with "And so the grand jurors," etc. ; "against," etc., (as in No. 156, but following the words of Sec. S509.) OEIMES AGAINST THE ELECTIVE FEANQHISE, ETO. 105 No. 156 (2). present, that heretofore, to Mnt, on the day of , in the year of our Lord eighteen hundred and , at , in the said district, was a citizen of the said United States, and lawfully entitled to vote at a certain election then and there being held for the choosing of a representative in the Congress of the said United States from the Con- gressional District of the state of ; and that J Y , ^ Y and B E , late of aforesaid, on the same day and year aforesaid, at aforesaid, in the judicial district aforesaid, unlawfully did conspire ' together to injure, oppress, threaten, and intimidate the said B S in the free exercise and enjoyment of his lawful right to vote at the election aforesaid, he the said B S so then and there being a citizen of the said United States, and having then and there a lawful right to vote at the election aforesaid, as they the said J T , D Y and B E then and there well knew : ^ And that to effect the object of the said conspiracy, the said D Y and B — :- E , afterwards ' and on the day and year aforesaid, at afore- said, in the judicial district aforesaid, unlawfully did beat and injure the said B S , because of his the said B S 's said right to vote at the said election, and for the purpose of preventing him from freely exercising that right, and intimidate him the said B S by then and there threatening to further beat and injure him if he should exer- cise that right : And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said J Y , D Y and B E , on the said day of , in the year of our Lord eighteen hundred and , at afore- said, in the judicial district aforesaid, in manner and form aforesaid, unlawfully and feloniously did conspire to injure, oppress, threaten, and intimidate a citizen of [§ 5508, R. S.] the said United States in the free exercise and enjoyment of a right and privilege secured to him by the Constitution and laws of the said United States ; against, etc. i • For various modes of charging conspiracies, see Nos. 139-151. 2 As bearing upon the question whether scie)! and of the value of , the same then and there being pub- lic moneys of the said United States in the hands of the said 1 " Being " is a direct averment. XJ. S. v. Bornemann, 36 F. E. 257. (And see, also. No. 6, note 7.) '^ Indictment should state what office defendant held. lb. 3 Not double. See No. 6, note 16. 136 EOEMS ADAPTED TO CEIMINAL CASES. as such deputy collector, and the same moneys then and there unlawfully and feloniously did convert to his own use, and thereby embezzle ; against, etc. Ng. 205 (3). was a deputy collector of internal revenue for the Internals Revenue Collection-District of , and as such deputy collector was then and there an officer charged by an act of Congress with the safe-keeping of the public moneys of the said United States, to wit, by the act of Congress, entitled " An act to amend existing customs and internal-revenue laws, and for other purposes^'' approved the eighth day of February, in the j'^ear of our Lord eighteen hundred and seventy-five; and the said , by virtue of his same ofBce, and while he was such officer and so charged as in this count aforesaid, on the day of , in the year of our Lord eighteen hun- dred and , within the city and judicial district aforesaid, did have, receive, and take into his possession divers^ notes of the national-bank currency of the said United States, and divers United-States notes, treasury-notes, legal-tender notes and silver-certificates, of the paper currency emitted by the said United States, and divers gold coins, silver coins, copper- nickel coins and copper coins, of the coinage of the said United States, amounting in the whole to a large sum of money, to wit, the sum of , and of the value of ; the same then and there being public moneys.^nd the moneys and property of the said United States ; the particular kinds, descriptions, numbers, amounts and values of each of which said national- bank notes, United-States notes, treasury-notes, legal-tender notes, silver-certificates, gold coins, silver coins, copper-nickel coins and copper coins respectively the grand jurors aforesaiil have no means of knowing, and therefore can not set forth in this indictment: And that the said then and there unlawfully did fail to keep safely the said national-bank notes, [§ 5490, R. S.J United-States, notes, treasury-notes, legal- tender notes, silver-certificates, gold coins, silver coins, copper- nickel coins and copper coins, without loaning or using the 1 Kind of money, number of bills or coins, need not be stated as at com- mon law. TJ. S. V. Boriiemann, 3fl B\ R. 337. OFFICIAL MISCONDUCT, ETC. 137 same, or converting the same to his own use, or depositing the same in banks, or exchanging the same for other funds than as specially allowed by law, and the same national-bank notes, United-States notes, treasury-notes, legal-tender notes, silver-certificates, gold coins, silver coins, copper-nickel coins and copper coins then and there unlawfully and feloniously did convert and appropriate to his own use, and thereby em- bezzle ; against, etc. No. 206 (4). being then and there an officer employed in the in- ternal-revenue service of the said United States, to wit, a dep- uty collector of internal revenue for the Internai-Itevenue Collection-District of , unlawfully and feloniously did em- bezzle and wrongfully convert to his [§ 5497, R. S., as am.] own use certain other money, to a large amount, to wit, to the amount of , (any more particular description of which money is to the said grand jurors unknown,) and of the value of , of the money of the said United States, and one hun- dred stamps for denoting the internal-revenue tax on fermented liquors, each of the denomination and value of , and one hundred other stamps for denoting the internal-revenue tax on fermented liquors, each of the denomination and value of , and one hundred stamps for denoting the internal-revenue tax on cigars, each of the denomination and value of , and one hundred stamps for denoting the internal-revenue tax on man- ufactured tobacco, each of the denomination and value of , and one hundred other stamps for denoting the internal-revenue tax on manufactured tobacco, each of the denomination and value of , of the stamps and property of the said United States ; against, etc. No. 207 (5). being then and there an officer of the said United States, to wit, a deputy collector of internal revenue for the ■ Internal-Revenue Collection-District of , unlawfully and feloniously did embezzle and wrongfully convert to his own use certain other money, to a large [§ 5497, R. 8., as am.] amount, to wit, to the amount, etc., [as in the fourth count], of the stamps and property of the said United States then and 138 FORMS ADAPTED TO CRIMINAL CASES. there being ; which said money and stamps so by the said embezzled and wrongfully converted as in this count afore- said had before that time come into his possession and under his control in the execution of his same office, and under color of authority as such officer as last aforesaid : Against, etc. Indictment, on Sec. 5497, R.S., for receiving public money from an agent of the United States in payment of agent's private debt. No. 208 (1). not being then and there an authorized depositary of public moneys, unlawfully and feloniously, and not in pay- [§ 5497, K. S., as am.J ment of a debt against the said United States, did knowingly receive from one E A. T , then and there being an agent of the said United States, to wit, a deputy collector of internal reve7iue for the Internal- Revenue Colleotion-Distriot of , certain pub- lic money of the said United States, to a large amount, to wit, to the amount and value of , and thereby did embezzle the same ; against, etc. No. 209 (2). not being then and there an authorized depositary of [§ 5497, R. S., as ani.J public moneys, unlawfully and felo- niously did knowingly receive from one E A. T , then and there being an agent of the said United States, to wit, a deputy collector of internal revenue of the said United States for the Internal-Revenue Collection- District of , cer- tain other public money of the said United States, to a large amount, to wit, to the amount and value of ; which pub- lic money last aforesaid the said then and there un- lawfully and feloniously did knowingly receive from the said E A. T , so being such agent of the said United States, in payment and on account of a supposed debt of the said E A. T to him the said , and not in pay- ment of any debt of or lawful claim against the said United States, and thereby the same public money then and there unlawfully and feloniously did embezzle: Against, etc. OFFICIAL MISCONDUCT, ETC. 139 No. 210 (3). not being then and there an authorized depositary of public moneys, unlawfully and feloniously did knowingly re- ceive from one E A. T , then and there being an agent of the said United States, to wit, a deputy colleotor of internal revemte for the Internal-Revenue Collection-Dist/rict of , divers notes of the national-bant currency oi the said United States, and divers United-States notes, treasury-notes, legal-tender notes and silver-certificates, of the paper currency emitted by the said United States, and divers gold coins and silver coins of the coinage of the said United States, (the par- ticular kinds,' descriptions, numbers, amounts and values of which said national-bank notes, United-States notes, treasury- notes, legal-tender notes, silver-certificates, gold coins and silver coins respectively the grand jurors aforesaid have no means of knowing, and therefore cannot set forth in this in- dictment,) in the whole amounting to a large sum of money, to wit, the sum of , and of the value of , and being then and there public money of the said United States ; which said national-bank notes, United-States notes, treasury-notes, legal-tender notes, silver-certificates, gold coins and silver coins, so beiag such public money, the said then and there did knowingly receive from the said E A. T , so being such agent of the said United States, in payment and on account of a supposed debt of the said E A. T to him the said , and not in pa3MTient of any debt of or lawful claim" against the said United States. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said then and there, in manner and form in this count aforesaid, not being an authorized depositary of public moneys, unlawfully and feloniously did knowingly receive public money from an agent of the [§ 5497, R. S., as ani.J said United States, otherwise than in payment of a debt against the said United States, and thereby the same public money of the said United States then and there unlawfully and felo- niously did embezzle ; against, etc. 1 See No. 305, note 1. 140 FORMS ADAPTED TO CRIMINAL OASES. Indictment, on Sec. 5497, R. S., for receiving public money (not being depositary) from an agent ot the United States; witli a connt on Sec. 3, Act March 3,1875, (1 Supp. R. S., 2d Ed., 89,) lor receiving moneys stolen from the United States, knowing them to have been stolen. No. 211 (1). not then and there being an authorized depositary of public moneys, unlawfully and feloniously, and not in pay [§ 5497, R. S.J ment of a debt against the said United States, did knowingly receive from one W H. B , then and there being an agent of the said United States, to wit, a derJc in the post-office there, certain public money of the said United States, to the amount and value of a large sum, to wit, the sum of ; against, etc. 1n"o. 212 (2). feloniously did receive, conceal, aid in concealing, have [Sec. 2, Act March 3, 1875.] and retain in his possession, with intent to convert to his own use, divers moneys, (the several kinds,' descriptions, denominations and values whereof the grand jurors aforesaid have no means of ascertaining, and therefore cannot particularly herein set forth,) together amount- ing to a large sum of money, to wit, the sum of , and of the value of , and then and there being the moneys and property of the said United States, which moneys last afore- said had theretofore been feloniously stolen, purloined and embezzled from the said United States by one "W H. B ; he the said then and there well knowing the same moneys to have been so feloniously stolen, purloined and em- bezzled as aforesaid ; against, etc. ' See No. 305, note 1. CRIMES AGAINST JUSTICE. Indictment, on Sec. 5392, R. S., against a witness, for per- jury in a United-States court. No. 213. present, that at the term, in the year of our Lord eighteen hundred and , of the District Court of the said United States for the district aforesaid, to wit, on the day of , in the year of our Lord eighteen hundred and , at the city of , in the district aforesaid, there came on to be tried in the said court, before the Honorable H W. B , then and still judge thereof, and a jury duly empanelled and sworn for that purpose, a certain issue in due manner joined between the said United States and one J C. M , one "W" J. G and one A G , upon a certain criminal indictment then depending in the said court against them the said J C. M , W J. G and A G , for' conspiracy to commit offenses against the said United States; and that at and upon the trial of the said issue in the said court, before the said judge and jury, to wit, on the day of , in the same year eighteen hundred and , within the city and district aforesaid, C E. G , late of the same city, appeared and was produced as a witness for and on behalf of the said defendants in the said indictment, and was then and there duly sworn ^ and took his oath as such witness, before the said court,' that the evidence 1 The allegations must be sufficient to show that the matter or proceed- ing was one in which the court was competent to act. U. S. v. Cuddy, 39 F. R 696. 2 The fact that the defendant was sworn must be distinctly stated. An allegation that he did "depose and swear" does not show that he was sworn. U. S. v. McConaughy, 33 F. R. 168. 2 That this is a sufficient designation of the court, and a distinct averment that the oath was made before it, see U. S. v. Walsh, 33 F. R. 644. 14:2 FORMS ADAPTED TO CRIMINAL CASES. which he the said C E. G should give on the said trial should be the truth, the whole truth, and nothing but the truth; the said court then and there having due and competent authority to administer the said oath to the said C E. G in that behalf: And the said C E. G so being sworn as aforesaid, it then and there, upon the said trial of the said issue, became and was a material * inquiry whether , — and whether , — and whether . And the grand jurors aforesaid, upon their oath aforesaid, do fur- ther present, that the said £! E. G , so being sworn and having taken his oath as aforesaid, on the said day of , in the said year eighteen hundred and , within the city and judicial district aforesaid, upon the said trial of the said issue as aforesaid, willfully and corruptly, and contrary to his said oath, did swear and depose, before the said court and jury, amongst other things, in substance^ and to the effect following, that is to say, that , — and that , — and that : Whereas in fact it was not and is not true, and at the time of so swearing and deposing the said C E. G did not believe it to be true, that , — or that , — or that ■ . And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said C E. G , in man- ner and form aforesaid, having taken an oath before a com- petent tribunal, in a case wherein a law of the said United States authorized an oath to be administered, that he would [§ 5393, R. S.] truly depose and testify, willfully* and con- trary to his said oath did depose and state material matters which he did not then believe to be true, and thereby' did commit willful and corrupt perjury ; against, etc. * Materiality of matter sworn to must be averred. V. S. v. Singleton, 54 F. R 488. 5 See Sec. 5396, R S., prescribing the requisites of an indictment under Sec. 5393, R. S. 6 Indictment must allege that the false oath was taken willfully. D. S. v. Edwards, 43 F. R 67. See No. 188, note 3. 'Not objectionable. See U. S. v. Lehman, 39 F. R 76& OEIMES AGAINST JUSTICE. 143 Indictment, on Sec. 5393, R. S., for perjnry in affidavit of surety of one hefd to baii, made before a United-States Commissioner. No. 214 (1). came in person before P A. H , then and be- fore that time being a commissioner of the Circuit Court of the said United States for the said district, and then and there [by and under the assumed name of J F ] made affi- davit in writing, before the said P A. H , commis- sioner as aforesaid, on the occasion and for the purpose in the same aiBdavit mentioned ; at and upon the making of which said affidavit it then and there became and was material that the said P A. H , commissioner as aforesaid, should know and be informed [whether the person so making the same was then named J F , and] whether the person so making the said affidavit^ then resided at No. Street, in the said city of , and whether that person then owned in fee sifnple, and in h — own name and right, cer- tain real estate in the said affidavit mentioned and described^ and whether that person then owned personal property, in h — own name and right, within the said district, to the value of , and whether that person was then worth at least , over and above all h — liabilities : And thereupon the said J L then and there [by and under the said assumed name of J F ] was in due manner sworn by the said P ■ A. H , and made oath before him, of and concerning the truth of the matters contained in the said affi- davit ; he the said P- — - A. H then and there being such commissioner as aforesaid, and having competent authority * to administer the said oath to the said J L in that behalf; and the said J L , so being sworn as foresaid, then and there, in and by h — said affidavit, willfully, cor- ruptly and falsely, and contrary to h — said oath, did de- pose and swear as in the said affidavit set forth, of and con- cerning the material matters aforesaid ; which said affidavit was and is in the words and figures following, to wit : [set out 1 The court will take judicial notice of the qualification of a federal officer to administer oatha Babcock v. U. S., 34 F. R 873. 144: FORMS ADAPTED TO CRIMINAL OASES. the affidavW] : Whereas in truth and in fact the said J L ,. at the time when — h — was so sworn and made affi- davit as aforesaid, [was not named J F ; and whereas in truth and in fact the said J L '] did not then reside at No. 285 Street, in the said city of ; and whereas in truth and in fact the said J L — — did not then own in fee simple, and in h — own name and right, the real estate in the said affidavit mentioned and described ; and whereas in truth and in fact the said J L did not then own per- sonal property in h — own name and right, within the said district, to the value of , or to the value of any sum of money ; and whereas in truth and in fact the said J L was not then worth , or an_y such sum of money, over and above all h — liabilities. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said J L , in manner and form aforesaid, in and by h — said affidavit and upon h — oath aforesaid, in a case in which a law of the said United States authorized an oath to be administered, did [§ 5392, K. S.] willfully and contrary to h — said oath state and subscribe material matters which — h — did not then be- lieve to be true, and thereby did commit willful and corrupt perjury; against, etc. No. 215 (2). one J McN was before the said P A. H , [or, was in due form of law brought before the said P A. H ] then and before that time being a commissioner of the Circuit Court of the said United States for the district aforesaid, for examination of him the said J McN , [or, and was then and there examined] by and before the said P A. H , commissioner as aforesaid, upon a charge, amongst other things, of having, [with one J T , one S E. T and one D F. D ,J on or about the day of , in the same year, within the city and district aforesaid, unlawfully [carried on the business of a distiller without having given bond as required by law ;] and there- upon the said J McN , on the said day of , in the year aforesaid, within the city and district aforesaid, so being present for examination before the said P A. CRIMES AGAINST JUSTICE. 145 H , commissioner as aforesaid, did waive examination upon the said charge, and thereupon was by the said P A. H , commissioner as aforesaid, [or, and upon such exam- ination the said J McN" was by the said P A. H , commissioner as aforesaid,] then and there ordered and required to enter into recognizance, in the sum of , with sufficient surety or sureties, for the appearance of him the said J MclST in the District Court of the said United States for the district aforesaid, on the first day of the tlien next term thereof, to answer unto such matters and things as should be objected against him on the part of the said United States in that behalf: And that thereupon the said J L , on the said day of , in the same year eighteen hundred and , within the city and district aforesaid, came in person before the said P A. H , then being such commissioner as aforesaid, and [by and under the assumed name of J F ] offered to become surety in that behalf for the said J McN ; on which occasion it then and there became and was material that the said P A. II , commissioner as aforesaid, should know and be in- formed whether the said J L (so offering to become surety [by and under the said assumed name of J F ) was- then named J F , — and whether the said J L ] then resided at No. £S5 Street, in the said city of , — and whether — h — then owned in fee simple, and in h — own name and right, a certain parcel of land designated as the- west half of Lot Seven, in Block Twelve, in N 's Addition to the said city of , — and whether the said J L then owned in fee simple, and in h — own name and right, the house and lot known as No. 183 Street, in the said city of , — and whether — h — then owned personal prop- erty, in h — own name and right, within the said district, to the value of , — and whether — h — was then worth at least , over and above all h — liabilities. And the grand jurors aforesaid, upon their oath aforesaid, do further pre- sent, that the said J L then and there, so being before the said P A. H , commissioner as afore- said, and offering to become surety as last aforesaid, was in due manner sworn by the said P A. H , and [by and under the said assumed name of J F ] did 10 14:6 EOKMS ADAPTED TO OEIMINAL CASES. then and there make affidavit in writing, and take h — (the said J L 's) corporal oath, before the said P A. H , touching the matters contained in the same affidavit ; he the said P— — A. H then and there being such com- missioner as aforesaid, and having competent authority to ad- minister the same oath to the said J L , and to take h — : affidavit last aforesaid ; and that the said J L , being so sworn as last aforesaid, then and there, to prevent the said P A. H from knowing the true [name,] circumstances and property of h — the said J L , in and by h — last-mentioned affidavit, upon h — corporal oath so taken as aforesaid touching the matters therein con- tained, willfully and corruptly, and contrary to h — same oath, did falsely depose and swear, amongst other things, in substance and to the effect that — h — the said J L [was then named J F , — and that — h — the said J L ] then resided at No. 285 Street, in the said city of , — and that — h — then owned in fee simple, and in h — own name and right, certain premises, to wit, a certain parcel of land designated as the west half, etc., and that those premises were the house and lot known as No. 183 Street, in the said city of , — and that — h — the said J L then owned personal property, in h — own name and right, within the said district, to the value of , — and that — h — was then worth at least , over and abeve all h — liabilities : Whereas in truth and in fact the said J L , at the time when — h — was so sworn and made affidavit, and took h — corporal oath, as last aforesaid, [was not named J F ; and whereas in truth and in fact the said J L ] did not then reside at No. 285 Street, in the said city of ; and whereas in truth and in fact — h — did not then own in fee simple, and in h — own name and right, or otherwise, the house and lot known as No. 183 Street in the said city of ; and whereas in truth and in fact — h — did not then own personal property, in h — own name and right, or otherwise, within the said district, to the value of , or to the value of any such sum of money ; and whereas in truth and in fact the said J L was not then worth , or any such sum of money, over and above all h — liabilities. And so the grand jurors CRIMES AGAINST JUSTICE. 147 aforesaid, upon their oath aforesaid, do say, that the said J L , on the said day of , in the year of our Lord eighteen hundred and , within the city and district afore- said, in and by h— last-mentioned affidavit, upon h— oath last aforesaid, before the said P A. II , (he the said P A. H then and there being such commissioner, and having competent authority to administer the same oath and take the same affidavit, as aforesaid,) willfully and corruptly, and contrary to the same oath of h — the said J — — L , did state and subscribe material matters which — h — did not then believe to be true, in a case where a law [§ 5392, R. S.] of the said United States authorized an oath to be adminis- tered, and did commit willful and corrupt perjury ; against, etc. Indictment, on Sec. 5392, R. S., for perjury in a declara- tion of a surety of a cigar-manufacturer, sworn to be- fore a deputy-collector of internal revenue. No. 216. at aforesaid, in the Norihern District aforesaid and the Internal-Revenue Collection-District of , in- tending and offering to become surety for one B C , upon a certain bond to be given to the said ETnited States by h — the said B C , as a manufacturer of cigars within the said collection-district, pursuant to the provisions of the internal-revenue law of the said United States, came in h — own person before E A. T , then a deputy-collector of internal revenue of the said United States for the said collec- tion-district, and was then and there, (to wit, in the city and districts aforesaid,) in due manner sworn by the said E A. T , and made and subscribed a certain written declaration, touching the sufficiency of h — the said as such surety in that behalf, and took h — corporal oath, before the said E A. T , that the said written declaration by h — ■ the said subscribed was then true; he the said E A. T being then and there a deputy-collector of internal revenue as aforesaid, duly appointed according to law, and then and there having competent authority to ad- minister the said oath and to take the said written declaration 148 FOEMS ADAPTED TO CEIMINAL CASES. as aforesaid, and the case in which the said oath was so taken being a case wherein a law of the said United States then au- thorized such oath to be administered: And the said so intending and offering to become such surety for the said B C as aforesaid, it then and there became and was material that the said E A. T , so then being such deputy-collector as aforesaid, should know and be in- formed whether the said was then the owner in fee simple of certain real estate, that is to say, four certain parcels of land designated as Lots Twenty-five, Twenty-six, Twenty- seven and Twenty-eight, in M 's Subdivision, in Section Thirty-six, in Township Thirty-eight North, of Mange Four- teen East, in the town of , county of and state of . And the grand jurors aforesaid, upon their oath aforesaid, do further ^ present, that the said , on the said day of , in the year aforesaid, in the city and districts afore- said, having taken the said oath and subscribed the said writ- ten declaration as aforesaid, before the said E A. T , (he the said E A. T then and there having competent authority to administer the said oath to h — the said ■ in that behalf as aforesaid,) falsely, corruptly and will- fully, and contrary to h — the said 's oath afore- [§ 5392, R. S.J said, did in and by h — said written dec- laration swear and state (amongst other things) in substance and to the effect that — h — the said was then the owner in fee simple of the four parcels of land aforesaid; whereas in truth and in fact the said , at the time — h — took the said oath and made and subscribed the said vrritten declaration as aforesaid, was not the owner in fee simple of the said four parcels of land ; and whereas in truth and in fact the said at that time did not believe it to be true that — h — was then the owner in fee simple of the four parcels of land aforesaid. And so the grand jurors afore- said, upon their oath aforesaid, do say, that the said , at the time and place and in the manner aforesaid, in a case wherein a law of the said United States authorized an oath to be administered, did commit M'illful and corrupt per- jury ; against, etc. 1 See No. 6. note 14. CEIMES AGAINST JUSTICE. 149 Indictment, on Sec. 6393, R. S., for suborning another to commit perjury in maliing application for a patent. No. 217. unlawfully did willfully and corruptly suborn, instigate and procure one A D. H to appear in person before one E L. H , then being a notary public in and for the county of , in the state and the said Northern District of , and to make and subscribe before him the said K r L. H , notary as aforesaid, a certain oath and affidavit in writing to a certain application of him the said A D. H to the Commissioner of Patents of the said United States, under the laws thereof concerning patents for inven- tions, that is to say, a certain application in writing for a patent for improvements in door-locks, and in and by such oath and affidavit falsely to depose and swear (amongst other things) in substance and to the effect that he the said A D. H — — then verily believed himself to be the original and first and sole inventor of the improvements in door-lochs de- scribed and claimed in a certain specification accompanying the same oath and affidavit, and that he did not then know or believe the same improvements ever to have been theretofore known or used : And thereupon the said A D. H , in consequence and by means of the said willful and corrupt subornation, instigation and procurement of the said G G. C , then and there appeared in person before the said H L. H , notary as aforesaid, and made and subscribed before him an oath and affidavit in writing to the said appli- cation for a patent, and then and there, by and before the said K L. H , notary as aforesaid, was duly sworn, and took his the said A D. H 's oath, of and con- cerning the truth of the matters contained in his said oath and affidavit; he the said K L. H then and there being such notary public as aforesaid, and having due and competent authority ^ to administer the said oath to the said A D. H in that behalf, and the matter in which he was so sworn and took his oath being then and there a case 1 The officer's special authority need not be set forth. U. S. v. Boggs, 31 F. R 337. And see, concerning the requisites of an indictment under this section, Sec. 5397, R S. 150 FOEMS ADAPTED TO CEIMINAL CASES. in which a law of the said United States then authorizad an oath to be administered : And it then and there, at and upon the making and subscribing of the said oath and aflBdavit as aforesaid, became and was a material question whether the said A D. II then verily believed himself to be the original and first inventor of the improvements in door- looks described and claimed in the said specification, and whether he was in fact such original and first and sole in- ventor thereof, and whether he the said A D. H did not then know or believe the same improvements to have been theretofore known or used. And the grand jurors afore- said, upon their oath aforesaid, do further present, that the said A D. H , being so sworn as aforesaid, then and there, in and by his said oath and affidavit in writing, upon his oath so taken as aforesaid, before the said E L. H , (he so being such notary and having such due and competent authority as aforesaid,) falsely, willfully and corruptly, and contrarj'^ to his oath so taken, did depose and swear (amongst other things) in substance and to the effect that he the said A D. H then verilj' believed himself to be the orig- inal and first and sole inventor of the improvements in door- locTcs described and claimed in the said specification, and that he the said A D. H did not then know or believe the same improvements ever to have been theretofore known or used : Whereas in truth and in fact the said A D. H , at the time when he was so sworn and took bis oath as afore- said, did not verily believe himself to be the original and first and sole inventor of the improvements in door-locks described and claimed in the said specification, and he was not such original and first and sole inventor thereof, and it was not nor is true that he did not then know or believe the same improvements ever to have been theretofore known or used ; and whereas in truth and in fact the said A D. H did not then believe to be true the said matters so by him deposed and sworn as herein above specified ; and whereas in truth and in fact the said G G. C , at the time when he so suborned, instigated and procured the said A D. H to make oath and affidavit and to depose and swear falsely as aforesaid, there well knew that the said A D. H did not then verily believe himself to be the original and first CEIMES AGAIIirST JUSTICE. 151 and sole inventor of the improvements in door-loolts described and claimed in the said specification, and that he was not such original and first and sole inventor thereof, and that it was not true that the said A D. H did not then know or believe the same improvements ever to have been theretofore known or used; and whereas in truth and in fact the said G G. C did not then believe to be true the said matters which he so suborned, instigated and procured the said A D. H falsely to depose and swear as herein above specified. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said G G. C , in manner and form aforesaid, willfully and corruptly did suborn, [§ 5393, R. S.] instigate and procure the said A D. H to commit willful and corrupt perjury ; against, etc. Indictment, on Sec. 5398, B. S., for obstructing and oppos- ing a deputy marshal in serving a warrant. No. 218 (1). with force and arms, unlawfully did knowingly and willfully resist and oppose one T- W , [§ 5398, R. S.J then and there being an officer of the said United States, to wit, a deputy of the Marshal of the said United States for the district aforesaid, in serving and attempting to serve and execute a certain warrant for the apprehension of the said for a certain offense against the laws of the said United States, (for which offense the said was then and there by law liable to be apprehended,) and him the said T W , so then and there being such officer of the said United States as aforesaid, and duly authorized to serve and execute the said warrant, then and there did knowingly and willfully assault, beat and wound, in serving and executing the said warrant ; against, etc. No. 219 (2). further present, that heretofore, to wit, on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, P A. H , 152 FOElfS ADAPTED TO CRIMINAL CASES. then and still a commissioner of the Circuit Court of the said United States for the said district, duly awarded and made, as such commissioner, under his hand and seal, and delivered to F H , then Marshal of the said United States for the district aforesaid, a certain warrant to apprehend the said , [therein styled ,J on a charge of having interfered with a special deputy United-States marshal in the discharge of his duties, at an election for representative in the Congress of the said United States, in violation of Section five thousand five hundred and twenty-two of the Eevised Statutes of the said United States ; and that afterwards, to wit, on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, the said F H , then being such Marshal as aforesaid, by writ- ing under his hand duly authorized and deputed the said T W- to serve and execute the last-mentioned war- rant, and delivered the same to him for service and execution thereof. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said , on the day and year last aforesaid, with force and arms, in the city and district aforesaid, in and upon the said T "W , in serving and executing the warrant last aforesaid, (the said T W then and there being duly authorized to serve and execute the same,) unlawfully did knowingly and will- fully make an assault, and him the said T "W did then [§ 5398, R. S.J and there beat and wound, in serving and executing the same warrant, and other wrongs to him the said T "W then and there did ; against, etc. ]Sro. 220 (3). further present, that heretofore, to wit, on the day of , in theyear of ourLord eighteen hundred and , at aforesaid, in the district aforesaid, a certain warrant was duly awarded and made by the said P A. H , then and still a commissioner of the Circuit Court of the said United States for the said Northern District of , for the apprehension of the said , and was thereupon by the said commissioner then and there delivered to the said F H , then Marshal of the said United States for the'district CRIMES AGAINST JUSTICE. 153 aforesaid ; which warrant was and is of the purport and to the effect following, that is to say : [set out the warrant] ; And that afterwards, to wit, on the day of , in the year of our Lord eighteen hundred and , in the city and dis- trict aforesaid, the said F H , then still being such Marshal as aforesaid, and holding the warrant last aforesaid, by endorsement thereon under his hand did duly authorize and depute the said T W to serve and execute the same warrant. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said T W afterwards, to wit, on the day and year last aforesaid, in the city and district aforesaid, then and there being an officer of the said United States, to wit, a special deputy marshal as aforesaid to execute the last-mentioned warrant, and having in his hands the same warrant for execution, did attempt to serve and execute the same, according to the command thereof ; and that the said then and there, with force and arms, unlawfully did knowingly and willfully obstruct, resist and oppose the said T "W , so then and [§ 5398, R. S.] there being such officer of the said United States, to wit, a special deputy marshal as aforesaid, in attempting as afore- said then and there to serve and execute the last-mentioned warrant, according to the command thereof: Against, etc. CRIMES WITHIN THE MARITIME JURISDIC- TION. Indictment, on Sec. 5347, E. S., against an officer of an American Tessel, for beating one of the crew. No. 221 (1). present, that J G. K , late of the city of ■ in the said district, on the day of , in the year of our Lord eighteen hundred and , on board of a certain Amer- ican vessel called , on waters within the admiralty and maritime jurisdiction of the said United States, to wit, on , and within the jurisdiction of this court, with force and arms an assault did make in and upon one K B , and him the said K B then and there, from malice, hatred and [§ 5347, R. S.] revenge, and without justifiable cause, un- lawfully did beat and wound ; he the said J G. K being then and there the first mate ^ of the said vessel, and he the said E B being then and there one of the crew thereof ; against, etc. (2). further present, that the said J G. K , on the said day of , in the year of our Lord eighteen hun- dred and , in and on board of a certain American steam- vessel called , then belonging to certain persons then cit- izens of the said United States, and whose names are to the said grand jurors unknown, on the high seas, to wit, on Lake Huron^ out of the jurisdiction of any particular state of the said United States, on waters within the admiralty and mari- time jurisdiction of the said United States, and within the 1 Any one who has command over the crew, or any of them, is an "offi- cer," within the meaning of Sec. 5347, R 8. U.S. v. Trice, 30 F. R. 490. 2 That the Great Lakes are "high seas," see U. S. v. Rodgers, 150 U. S. 249. OKIMES WITHIN M-AEITIME JUEISDIOTION. 155 jurisdiction of this court, with force and arms another assault did make in and upon the said K B , and him the said E B then and there, from malice, hatred and revenge, and without justifiable cause, unlawfully did [§ 5347, R. S.] beat and wound ; he the said J G. K being then and there the first mate of the said vessel, and he the said R— — B being then and there one of the crew of the same ves- sel ; against, etc. Indictment, on Sec. 5356, R. S., for stealing on the higli seas. No. 222 (1). present, that L W , late of the city of the said district, on the day of , in the year ©f our Lord eighteen hundred and , in and on board of a certain American steam-vessel called , then belonging to cer- tain persons then citizens of the said United States, and whose names are to the said grand jurors unknown, upon the high seas, to wit, on , out of the jurisdiction of any particular state of the said United States, on waters within the admi- ralty and maritime jurisdiction of the said United States, and within the jurisdiction of this court, feloniously did take and carry away twenty-Jive homkrnotes for the pay- [§ 5356, R. S.] ment of money, each of the denomination and value of , one shirt, of the value of , six shirt-collars, each of the value of , and one dirk-knife, of the value of , of the personal goods and moneys of one W JST ; with intent of him the said L "W then and there the same personal goods and moneys to steal and purloin ; against, etc. No. 223 (2). further present, that the said L "W , on the said day of , in the year of our Lord eighteen hun- dred and , in and on board of the said American steam- vessel called , then belonging to certain persons then citi- zens of the said United States, and whose names are to the said grand jurors unknown, upon the high seas, to wit, on 156 FORMS ADAPTED TO OEIMINAL OASES. -, out of the jurisdiction of aay particular state of the said United States, on waters within the admiralty and maritime jurisdiction of the said United States, and within the jurisdic- tion of this court, feloniously did take and carry away twenty- [§ 5356, E. S.] five other' lanlc-notes for the pm/ment of money, each of the denomination and value of , one other shirt, etc., . of the personal goods and moneys of some person to the said grand jurors unknown ; with intent of him the said L W then and there the same personal goods and moneys to steal and purloin ; against, etc. (3). further present, that after the commission of the of- fenses aforesaid, to wit, on the day of , in the same year eighteen hundred and , the said L "W was found ^ in the said District of , and there first appre- hended for the said offenses. 1 See Sec. 730, R S. And see, also, TJ, S. v. Arwo, 19 Wall. 486, holding that a defendant was properly tried in a district other than the one in which he was first brought COUNTERFEITING COIN. Indictment, on Sec. 5457, E. S., (as amended Iby Act of Jan. 16, 1877,-1 Supp. R. S., 2d Ed., 128,) for making, having in possession, and uttering and selling, coun- terfeit half-eagles and quarter-eagles. No. 224 (1). feloniously did falsely make and forge,' and cause to be falsely made and forged, and [§ 6457, R. S., as am.J willingly aid in falsely making and forging, /owr coins in re- semblance and similitude of the gold coin, called a half-eagle,^ theretofore coined at the mints of the said United States ; against, etc. No. 225 (2). feloniously did have in — h — possession four false and counterfeit coins in resemblance and [§ 5457, R. S., as am.J similitude of the gold coin, called a half-eagle, which before that time had been coined at the mints of the said United States ; — h — the said then and there, to wit, at the time and place of so having in — h — possession the last- mentioned false and counterfeit coins as aforesaid, well know- ing the same to be false and counterfeit, and intending to utter and sell the same, and thereby to defraud the person or persons into whose hands the same should come: against, etc No. 226 (3). with intent to defraud some person or persons to the said grand jurors unknown, unlawfully did utter and sell ' 1 The charge might be "make, forge and counterfeit; " but it seems to be objectionable to charge the counterfeiting of a counterfeit iiSee Sec. 8511, R. a, and 1 Supp. E. S., 2d Ed,, 807. I See U. 8. v. Nelson, 1 Abb. U. S. 185. 158 F0EM8 ADAPTED TO CRIMINAL OASES. four false and counterfeit coins in resemblance and similitude [§ 5457, R. S., as am.] of the gold- coin theretofore coined at the mints of the said United States, called a half-eagle ; — h — the said then and there, to wit, at the time and place of so uttering and selling the last-mentioned false and counterfeit coins as aforesaid, well knowing the same to be false and counterfeit : against, etc. No. 227 (4). feloniously did falsely make and forge, and cause to be falsely made and forged, and willingly aid in falsely making [§ 5457, R. S., as am.] and forging, four coins in resem- blance and similitude of the gold coin, called a quarter-eagle, theretofore coined at the mints of the said United States; against, etc. No. 228 (5). feloniously did have in — h — possession /bwr false and counterfeit coins in resemblance and similitude of the gold [§ 5457, R. S., as am.] coin, called a quarter-eagle, which before that time had been coined at the mints of the said United States ; — h — the said then and there, to wit, at the time and place of so having in — h — possession the last-mentioned false and counterfeit coins as aforesaid, well knowing the same to be false and counterfeit, and in- tending to utter and sell the same, and thereby to defraud the person or persons into whose hands the same might come ; against, etc. Indictment, on Sec. 5457, R. S., (as amended,) for making, having in possession, and uttering and passing counter- feit silver dollars and quarter-dollars. No. 229 (1). feloniously did falsely make and forge, and procure to [§ 5457, R. S., as am.] be falsely made and forged, and will- ingly aid in falsely making and forging, one hundred coins in re- semblance and similitude of the silver coin' theretofore coined 1 See Sec. 3513, R. S., and 1 Supp. R S., Sd Ed., 153, 5G8. COUNTKEFEiriNG COIN.. 159 at the mints of the said United States, called a dollar, and /ye hundred coins in resemblance and similitude of the silver coin theretofore coined at the mints of the said United States, called a quarter-dollar ; against, etc. No. 230 (2). feloniously did have in — h — possession, with intent to defraud some person or persons to [§ 5457, K. S., as am.] the said grand jurors unknown, one htmdred false and counter- feit coins in resemblance of the silver coin, called a dollar, which before that time had been coined at the mints of the said United States, Sk^Afive hundred false and counterfeit coins in resemblance of the silver coin, called a quarter-dollar, which before that time had been coined at the mints of the said United States; — h — the said ; then and there, to wit, at the time and place of so having in — h — possession the false and counterfeit coins in this count mentioned, well know- ing the same to be false and counterfeit : against, etc. No. 231 (3). with intent to defraud one ' , feloniously did utter ^ and pass as true a certain false and counterfeit coin in resemblance and similitude of the [§ 5457, R. S., as am.] silver coin theretofore coined at the mints of the said United States, called a quarter-dollar ; — h — the said then and there, to wit, at the time and place of so uttering and passing the last-mentioned false and counterfeit coin as afore- said, well knowing the same to be false and counterfeit: against, etc. 1 An indictment which names the person whom the accused intended to defraud by the passing of the counterfeit coin, need not also name the per- son to whom the coin was passed. U. S. v. Bejandio, 1 Woods, 294 ; citing 1 Whart Pr. 338, 339, 340, and 3 Abbott's U, S. Practice, 465. And see, also, Bish. Direc. & F., g§ 457, 460, citing 3 Bish. Cr. Proc, §§ 435, 447, 453, and 3 Chitty Cr. L. 1046, (1050). Although, as is said in Swain v. The People, 4 Scammon, 178, this form is strictly in conformity with the English precedents, it may be advisable to add a count with the words " to the said ," inserted after the word 2 Utter. To dispose of to the public or in the way of trade ; specifically, to put into circulation, as money, notes, base coin, etc. : now used only in the latter specific sense. — Century Dictionary. 160 FOEMS ADAPTED TO CEIMINAL CASES. Indictment, on Sec. 5457, E. S., (as amended,) for making and having in possession counterfeit silver dollars. No. 232 (1). with intent to defraud ^ some person or persons to the [§ 5457, R. S., as am.J said grand jurors unknown, feloni- ously did falsely make and forge, and cause to be falsely made and forged, and willingly aid in falsely making and forging, twenty coins in resemblance and similitude of the silver coin theretofore coined at the mints of the said United States, called a dollar ; against, etc. No. 233 (2). feloniously did have in — h— possession, with intent [§ 5457, K. S., as am.J to defraud some person or persons to the said grand jurors unknown, twenty false and counter- feit coins in resemblance and similitude of the silver dollar- coin theretofore coined at the mints of the said United States; — h — the said then well knowing the same to be false and counterfeit: against, etc. Indictment, on Sec. 5457, R. S., (as amended,) for having in possession, uttering and attempting to pass, and passing counterfeit silver dollars. No. 234 (1). feloniously did have in — h — possession two false and [§ 5457, R. S., as am.J counterfeit coins in resemblance and similitude of the silver coin theretofore coined at the mints of the said United States, called a dollar ; — h — the said then and there, to wit, at the time and place of so having in — h — possession the said false and counterfeit coins as afore- said, well knowing the same to be false and counterfeit, and 1 "It ia not necessary . . . to allege that the act of counterfeiting was done with intent to defraud ; and such iutent, if an element of the crime as defined by the statute, is implied in the allegation of 'falsely' making, and need not be specifically alleged." V. S. v. Otey, 81 F. E. 68, (12 Sawyer, 416). COUNTEEFEITING COIN. 161 intending to utter and pass the same as true, and thereby to defraud the person or persons to whom — h^ should so utter and pass the same : against, etc. No. 235 (2). with intent to defraud one , feloniously did utter and attempt to pass as true a [§ 5457, R. S,, as am.] certain false and counterfeit coin in resemblance and simili- tude of the silver coin theretofore coined at the mmts of the said United States, called a dollar ; — h — the said • then and there, to wit, at the time and place of so uttering and attempting to pass the last-mentioned false and counter- feit coin as aforesaid, well knowing the same to be false and counterfeit : against, etc. ISTo. 236 (3). with intent to defraud one ^ , feloniously did utter and pass as true a certain false [§ 5457, K. S., as am.] and counterfeit coin in resemblance and similitude of the sil- ver coin, called a dollar, which before that time had been coined at the mints of the said United States ; — h — the said then and there, to wit, at the time and place of so uttering and passing the last-mentioned false and counterfeit coin as aforesaid, well knowing the same to be false and coun- terfeit: against, etc. Indictment, on Sec. 6457, R. S., (as amended,) for utter- ing, passing, and attempting to pass, as true, witli in- tent to defraud persons named, counterfeit silyer dol- lars. No. 237 (1). with intent to defraud one ^ , feloniously did utter and pass, and attempt to pass, as true and genuine, a certain false and counterfeit coin in resemblance and similitude of the silver coin theretofore coined [§ 5457, R. S., as am.] at the mints of the said United States, called a dollar ; — h — the said then and there, to wit, at the time and 'See No. 231, note 1. 11 162 FOEMS ADAPTED TO CEIMINAL OASES. place of so uttering, passing and attempting to pass the said false and counterfeit coin as aforesaid, well knowing the same to be false and counterfeit : against, etc. No. 238 (2). with intent to defraud one , feloniously did utter and pass as true a certain other false and counterfeit [§ 5457, R. S., as am.] coin in resemblance and similitude of the silver coin before that time coined at the mints of the said United States, called a dollar ; — h — the said then and there, to wit, at the time and place of so uttering and passing the last-mentioned false and counterfeit coin as aforesaid, well knowing the same to be false and counterfeit : against, etc. No. 239 (3). with intent to defraud one , feloniously did [§ 5457, R. S., as am.] utter and pass a certain other false and forged coin in the similitude of the silver coin, called a dollar, which before that time had been coined at the mints of the said United States ; — h — the said , at the time of so uttering and passing the false and forged coin last afore- said, well knowing the same to be false and forged : against, etc. No. 240 (4). feloniously have in — h — the said 's posses- [§ 5457, R. S., as am.] sion, with intent to defraud some person or persons to the said grand jurors unknown, three other false, forged and counterfeited coins in resemblance and similitude of the silver coin, called a dollar, which before that time had been coined at the mints of the said United States; — h — the said then and there, to wit, at the time and place of so having in — h — possession the last-mentioned false, forged and counterfeited coins as aforesaid, well know- ing the same to be false, forged and counterfeited : against, etc. OOUHTBEFBITINQ COIN. 163 Indictment, on Sec. 5457, E. S., (as amended,) for making and having in possession, intending to pass, counter- feit silver dimes. No. 241 (1). feloniously did falsely make and forge divers coins, to -wit, fifty coins, in resemblance and similitude of the silver coin which before that time had [§ 5457, E, S., as am.J been coined at the mints of the said United States, called a dime ; against, etc. No. 242 (2). feloniously did have in — h — possession fourteen false and counterfeit coins in resemblance and similitude of the silver coin before that time coined at [§ 5457, E. S., as am.] the mints of the said United States, called a dime; — h — the said then and there^ to wit, at the time and place of so having in — h — ■ possession the last-mentioned false and, counterfeit coins as aforesaid, well knowing the same to be false and counterfeit, and intending to utter and pass the same, and thereby to defraud the person or persons into whose hands the same should come through such uttering and passing; against, etc. Indictment, on Sec. 5457, E. S., (as amended,) for making counterfeit silver half-dollars, quarters and dimes. No. 243. unlawfully and feloniously did falsely make and forge, and cause and procure to be falsely [§ 5457, E. S., as am.] made and forged, and willingly aid and assist in falsely mak- ing and forging, ^w coins in the similitude of the silver coin theretofore coined at the mints of the said United States, called a half-dollar, and fiAie other coins in the similitude of the silver coin theretofore coined at the mints of the said United States, called a quarter-dollar, and ten other coins in the similitude of the silver coin theretofore coined at the mints of the said United States, called a dime ; against, etc. 164 FOEMS ADAPTED TO OEIMINAl OASES. Indictment, on Sees. 5457 (as amended,) and 5461, R. S., for uttering and passing counterfeit twenty-dollar gold-pieces, and metal coins, and coins of alloys of metal, and of original design, intended for use as money. ISTo. 244 (1). with intent to defraud one ' , feloniously did utter and pass seven false, forged and counterfeit coins in re- [§ 5457, R. S., as am.] semblance of the gold coin, called a twenty-dollar piece, theretofore coined at the mints of the said United States ; — h— the said ■ then and there, to wit, at the time and place of so uttering and passing the said false, forged and counterfeit coins as aforesaid, well knowing the same to be false, forged and counterfeit : against, etc. No. 245 (2). with intent to defraud one ^ , unlawfully did [§ 5461, R. S.] utter and pass seven other metal coins, then and there intended for the use and purpose of current monej^ and in the resemblance of the gold coin of the said United "States, called a twenty-dollar piece ; the said coins so uttered and passed as last aforesaid being then and there coins not authorized by law, and — h — the said not being then and there authorized by law to utter or pass the same; against, etc. JSTo. 246 (3). unlawfully did utter and pass seven other coins, of [§ 5461, R. S.J alloys of metals, and of original design, and intended for the use and purpose of current money ; the said coins so uttered and passed as last aforesaid being then and there coins not authorized by law, and — h — the said not being then and there authorized by law to utter or pass the same : against, etc. 1 See No. 231, note 1. COUNTEEFEITING COIN. 165 Several complaints on Sec. 5457, R. S., (as amended by Act of Jan. 16, 1877, 1 Supp. R. S., 2d Ed., 128), No. 24:7. feloniously did falsely make and forge divers coins in resemblance of the silver coin there- [§ 5457, R. S., as am.J tofore coined at the mints of the said United States, called a quarter-dollar; and feloniously did have in possession, and utter and pass, with intent to defraud some person or persons to this affiant unknown, divers like [§ 5457, R. S., as am.J false and counterfeit coins, well knowing the same to be false and counterfeit ; contrary, etc. No. 248. feloniously did falsely make and forge, and cause to be falsely made and forged, and will- [§ 5457, R. S., as am.] ingly aid in falsely making and forging, divers coins, to wit, ten coins, in resemblance of the silver coin theretofore coined at the mints of the said United States, called a dollar; and that the said , on or about the day aforesaid, in the and district aforesaid, with intent to defraud some per- son or persons to this affiant unknown, feloniously did have in — h — possession divers like false [§ 5457, R. S., as am.] and counterfeit coins, to wit, ten like false and counterfeit coins, — h — the said then and there well knowing the same to be false and counterfeit : contrary, etc. No. 249. feloniously did falsely make and forge divers coins, to wit, about twenty coins, in resemblance and similitude of the silver coin before that time coined [§ 5457, R. S., as am.] at the mints of the said United States, called a dollar; and that the said , on or about the day last aforesaid, in the [city] and district aforesaid, feloniously did have in — h — possession divers false and counter- [§ 5457, R. S., as am.] feit coins, to wit, about twenty false and counterfeit coins, in resemblance and similitude of the silver coin theretofore coined 166 FOEMS ADAPTED TO CEIMINAL OASES. at the mints of the said United States, called a dollar ; — h — the said then well knowing the last-mentioned false and counterfeit coins to be false and counterfeit, and in- tending to utter and sell the same, and thereby to defraud the person or persons into whose hands the same should come ; contrary, etc. No. 250. unlawfully did utter and pass, with intent to defraud [§ 5457, R. Sv as am.] one ,.a false and counter- feit coin in similitude of the silver coin, called a dollar, there- tofore coined at the mints of the said United States ; — h — the said , at the time when — h — so uttered and passed the said false and counterfeit coin, well knowing the same to be false and counterfeit ; and that the said , on or about the [13th] day of , A. D., 189-, in the [city] and district aforesaid, with intent to defraud [the said] , unlawfully did utter and pass another false and counter- feit coin in similitude of the silver coin, called a dollar, there- tofore coined at the mints of the said United States; — h — [§ 5457, R. S., as am.] the said ■ , at the time when — h — so uttered and passed the last-mentioned false and counterfeit coin, well knowing the same to be false and counterfeit; contrary, etc. No. 251. with intent to defraud a certain person whose name is [§ 5457, B. S., as am.] to this affiant as yet unknown, felo- niously did utter and attempt to pass a certain false and coun- terfeit coin in the similitude of the silver coin, called a dollar, theretofore coined at the mints of the said United States ; and that the said , on or about the day last aforesaid, within the [city, division and] district aforesaid, with intent to defraud some person or persons to this affiant unknown, feloniously did have in possession a certain other like false [§ 5457, R. S., as am.] and counterfeit coin; — h — the said , at the times of so uttering and attempting to pass, and having in possession, the said false and counterfeit coins, well knowing the same to be false and counterfeit ; contrary, etc. OOUNTEEFEITING COIN. 167 No. 252. with intent to defraud some person or persons to this affiant as yet unknown, feloniously [§ 6467, R. S., as am.] did have in possession, and utter and pass, divers false and counterfeit coins in resemblance and similitude of the silver coin theretofore coined at the mints of the said United States, called a dollar ; — h— the said , at the time of so having in possession and uttering and passing the said false and counterfeit coins, well knowing the same to be false and counterfeit; contrary, etc. No. 253. with intent to defraud one , feloniously did utter and attempt to pass a certain [§ 5457, R. S., as am.] false and counterfeit coin in the similitude of the silver coin theretofore coined at the mints of the said United States, called a half-dollar; and feloniously did utter and pass another like false and counterfeit coin, with intent to defraud one ; and feloniously did have and keep in — h — the said 's possession [two] other like false and counterfeit coins, with [§ 5457, R. S., as am.] intent on the part of — h — the said to defraud some person or persons to this complainant as yet unknown ; — h^ — the said , at the several times when — h — so uttered, attempted to pass, passed and had in possession the said several false and counterfeit coins as aforesaid, well knowing the same to be false and counterfeit : contrary, etc. Indictment, on Sec. 6458, R. S., for making, passing and having in possession counterfeit five-cent pieces. No. 254 (1). unlawfully and feloniously did falsely make and forge, and cause and procure to be falsely made and forged, and willingly aid and assist in falsely making and [§ 6468, R. S.J 1^,8 F0EM8 ADAPTED TO CRIMINAL OASES. forging, one hundred coins in the similitude of the minor coin- age ' which had theretofore been coined at the mints of the said United States, called a five-cent piece ; against, etc. No. 255 (2). with intent to defraud a certain person to the said grand jurors unknown, unlawfully and feloniously did pass and utter, as true. Jive certain false and forged coins in the [§ 5458, R. S.] similitude of the coin of the said United States, called a five-cent piece, of the minor coinage thereto- fore coined at the mints of the said United States ; — h— the said then and there well knowing the last-mentioned false and forged coins to be false and forged as aforesaid : Against, etc. No. 256 (3). with intent to defraud one ^ , feloniously did [§ 5458, R. S.J utter, publish and Tpass four other forged and counterfeit coins in the resemblance and similitude of the copper-nickel coin called a five-cent piece, which before that time had been coined at the mints of the said United States; — h — the said then and there, to wit, at the time and place of so uttering, publishing and passing the last-mentioned forged and counterfeit coins, well knowing the same to be forged and counterfeit : Against, etc. No. 257 (4). with intent to defraud the Chicago City Railway Com- pany, {a corporation then and there existing under that name), [§ 5458, R. S.] unlawfully and feloniously did pass and utter, as true, Jive other false, forged and counterfeited coins in the similitude of the minor coin of the said United States, called a five-cent piecL, which had theretofore been coined at the mints of the said United States; — h — the said , at the time and place of so as aforesaid passing and uttering the false, forged and counterfeited coins last aforesaid, well knowing the same to be false, forged and counterfeited : Against, etc. 1 See Sec. 3515, R S., and 1 Siipp. R S., 3d Ed., 807. ~ ^ 2 See No. 231, note 1. COUNTERFEITING COIN. 169 No. 258 (6). feloniously did have in — h — possession, with intent to defraud one ,five other false and [§ 5458, R. S.] counterfeit coins in the resemblance and similitude of the coin called a five-cent piece, of the minor coinage before that lime coined at the mints of the said United States; — h — the said ■ then and there, to wit, at the time and place of sf) having in — h — possession the false and counterfeit coins last aforesaid, well knowing the same to be false and counterfeit; against, etc. No. 259 (6). with intent to. defraud certain persons to the said grand jurors unknown, unlawfully and feloniously did have in — h — possession one hundred other false, [§ 5458, R. S.] forged and counterfeited coins, in the similitude of the copper- nickel coin which had before that time been coined at the mints of the said United States, called a five-cent piece; — h — the said then and there well knowing the last-men- tioned false, forged and counterfeited coins to be false, forged and counterfeited as aforesaid ; against, etc. Complaint, on Sec. 5458, R. S., for making, having in pos- session and passing counterfeit iive-cent pieces. No. 260. did falsely make and forge divers coins (the precise number whereof is to this affiant unknown) in the resem- blance and similitude of the copper-nickel [§ 5458, R. S.] coin, called a five-cent piece, theretofore coined at the mints of the said United States ; and did knowingly have in — h— possession divers like false and forged coins, (the precise num- ber whereof is to this affiant unknown,) with [§ 5458, R. S.J intent to defraud divers persons to this affiant unknown ; and did knowingly utter and pass three like false [§ 5458, R. S.] and forged coins, with intent to defraud one ; con- trary, etc. 17G FOEMS ADAPTED TO CEIMINAL OASES. Indictment; on Sec. 6461, R. S., for uttering and passing copper coins not authorized by law. No. 261 (1). unlawfully did utter and pass, to one , thvrteen [§ 5461, R. S.J coins of copper, of original design, and in- tended for the use and purpose of current money ; the same then and there being coins not authorized by law, and — h — the said not being then and there authorized by law to utter or pass the same : against, etc. No. 262 (2). unlawfully did utter and pass, to one , twelve [§ 5461, R. S.J other coins of copper, of original design, and intended for the use and purpose of current money ; the same then and there being coins not authorized by law, and — h — the said not being then and there authorized by law to utter or pass the same ; against, etc. No. 263 (3). unlawfully did utter and pass, to one , l/weloe [§ 5461 , R. S.] other copper coins, intended for the use and purpose of current money, and in the resemblance of the one- cent copper coin of the said United States ; the said coins so uttered and passed as last aforesaid being then and there coins not authorized by law, and — h — the said not being then and there authorized by law to utter or pass the same : against, etc. POSTAL CRIMES. Indictment, on Sec. 3869, R. S., for assaulting a post-offlce letter-carrier, No. 264. with force and arms,^ in and upon one J- letter-carrier for the post-office of the said United States at aforesaid then and there being, willfully and maliciously did make an assault,— the said J K [§ 3869, R. S.] then and there being in uniform, and engaged on his route in the discharge of his duty, as such letter-carrier as aforesaid, — and him the said J K then and there willfully and maliciously did beat, wound and ill-treat, and other wrongs to him then and there willfully and maliciously did ; — h— the said then and there well knowing^ the said J K to be such letter-carrier, in uniform, and en- gaged on his route in the discharge of his duty, as aforesaid : against, etc. Indictment,' on Sec. 3887, R. S., (Sec. 23, Act of March 3, 1879, and Sec. 2, Act of Jan. 20, 1888,-1 Supp. R. S., 2d Ed., 248 and 578,) for inclosing flrst-class mail- matter in third class. No. 265. unlawfully did conceal and Inclose certain mail-matter of the first class, to wit, three written letters, in certain mail- matter of the third class, to wit, in [§ 3887, R. S., as am.] iSee 1 Bish. Cr. Proa § 503. ^Scienter must be alleged. " D. S. v. Taylor, 57 F. R 891. See, also, Nos. 99, 177, and 494. 3 As to indicting for penalties, see No. 115, note. 172 rOEMS ADAPTED TO CRIMINAL OASES. three several printed circulars, (in envelopes directed to three several addresses,) and deposit or cause to be deposited the said letters, and thQ said circulars wherein the same were so concealed and inclosed as aforesaid, in the post-office of the United States of America at -: — aforesaid, for conveyance by mail of the said United States at a less rate of postage than would have been charged for both the said letters and the said circulars, to wit, at the rate then by law fixed for mail-matter of the third class ; against, etc. Indictment, on Sec. 3891, R, S., against a postmaster, for opening and detaining a letter. No. 266. being then and there a person employed in a depart- ment of the postal service of the said United States, to wit, posiymaster at the post-office of the said United States at [§ 3891, R; S.J aforesaid, unlawfully did detain, delay and open a certain letter then and there addressed to one , at aforesaid ; which said letter then and there had come into the possession of the said , as such post- master as aforesaid, and was intended to be delivered from the said post-office, the same then and there being a post- office established by authority of the Postmaster-General of the said United States : against, etc. Indictment, on Sec. 3891, R. S., against a letter-carrier, for embezzling a letter.' No. 267. being then and there a person employed in a depart- ment of the postal service of the said United States, to wit, as a letter-carrier of and for the post-office of the said United States at aforesaid, unlawfully and feloniously did se- [§ 3891, R. S.] Crete and embezzle a certain letter then and there intrusted to him and intended to be carried and deliv- ered by a letter-carrier ; against, etc." See No. 364, note 2. POSTAL CEIMES. 173 Indictment, on Sec. 3893, R. S., for taking a letter before its delivery, and with a design to pry into the business of another ; and for secreting, embezzling and destroy- ^ ing a letter before its delivery. No. 268 (1). with a design to obstruct the correspondence and pry into the business and secrets of another, unlawfully did take a certain letter which-then lately before had [§ 3893, R. S.J been in the post-offlce of the said United States there, and had not then been delivered to the person to whom the same was directed, that is to say, a certain letter directed to one , at aforesaid ; against, etc. No. 269 (2). a certain letter which then lately before had been in the post-office of the said United States there, to wit, a cer- tain letter directed to one , at aforesaid, un- lawfully did secrete, embezzle and destroy, [§ 3893, R. S.] before the same had been delivered to the person to whom it was so directed ; against, etc. Indictment, on Sec. 3892, R. S., for taking letters before their delivery, and with a design to obstruct the corre- spondence of another ; and for embezzling the same. No. 270 (1). unlawfully did take a certain letter, directed to one G S. P , at aforesaid, out of the [§ 3892, R. S.J post-office of the said United States there, before the said let- ter had been delivered to the said person to whom it was so directed, and with a design to obstruct the correspondence, and to pry into the business and secrets, of another ; against, etc. 174 FORMS ADAPTED TO CEIMINAL OASES. No. 271 (2). a certain other letter, which then had been in the post- office of the said United States in the said city of , and was directed to one G S. P , at aforesaid, unlaw- [§ 3892, R. S.] fully did take, before the same letter had been delivered to the said person to whom it was so directed, and with a design to obstruct h — correspondence, and pry into h — business and secrets ; against, etc. No. 272 (3). a certain letter and packet, which then had been in a [§ 3892, R. S.] post-office, unlawfully did secrete and em- bezzle, before the same had been delivered to the person to whom it was directed ; against, etc. No. 273 (4). unlawfully did take a certain packet, directed to one [§ 3892, R. S.] G S. P , at aforesaid, out of the posiUoffice of the said United States in that city, before the same packet had been delivered to the said person to whom it was so directed, and with a design to obstruct the corre- spondence and pry into the business and secrets of another; against, etc. No. 274 (5). a certain other letter and packet, which then had been in a post-office, to wit, the post-office of the said United States at aforesaid, and was directed to one G S. P— — , at [§ 3892, R. S.J that city, unlawfully did take, before the same had been delivered to the said person to whom it was so directed, and with a design to obstruct h — correspondence and to pry into h — business and secrets, and the same let- ter and packet then and there, before the same had been de- livered as aforesaid, unlawfully did secrete, embezzle and destroy; against, etc. POSTAL 0EIME8. 175 Indictment; on Sec. 3892, R. S., for taking letters before their delivery, with a design to obstruct the corre- spondence of another; and for secreting the same. No. 275 (1). a certain letter, which then and there had been in a post-oflSce, to wit, the post-ofBce of the said United States at aforesaid, and was directed to certain persons by and under the style and address of J. U & Co., at that city, unlaw- fully did take, before the same had been de- [§ 3892, R. S.] livered to the said persons to whom it was so directed, and with a design to obstruct the correspondence, and to pry into the business and secrets, of another ; against, etc. No. 2Y6 (2). a certain letter and packet, which then had been in a post-oflBce, to wit, the post-oflBce of the said United States in that city, and was directed to certain persons then using the firm-name and style of J. U & Company, at afore- said, unlawfully did take, before the same letter and packet had been delivered to the said persons to [§ 3892, R. S.J whom it was so directed, and with a design to obstruct their correspondence, and to pry into their business and secrets ; against, etc. No. 277 (3). a certain other letter and packet, which then had been in a post-office, unlawfully did secrete, embezzle and destroy, before the same had been delivered to the [§ 3892, R. S.] person to whom it was directed ; against, etc. Indictment, on Sec. 3892, R. S., for taking and embezzling letters before their delivery; with counts on Sec. 5469, R. S., for obtaining the same by fraud, from a clerk in a post-offlce. No. 278 (1). a certain packet, which then was directed, and had not yet been delivered, to one , unlawfully did take out of the post-office of the said United States [§ 3892, R. S.] there, and secrete, embezzle and destroy; against, etc. 1T6 FOEMS ADAPTED TO OEIMINAL OASES. No. 279 (2). within the city and district aforesaid, a certain letter and packet, which then was directed to one , at aforesaid, and had not j'et been delivered to h — , unlaw- [§ 3892, 11. S.] fully did take out of the post-office of the said United States there, and secrete, embezzle and destroy ; against, etc. No. 280 (3). a certain letter and packet, which then was directed to one , at aforesaid, and had not yet been de- [§ 3893, R. S.] livered to h — , unlawfully did take out of the post-office of the said United States there, and secrete, embezzle and destroy ; against, etc. No. 281 (4). unlawfully did secrete, embezzle and destroy certain [§ 3892, R. S.J letters and packets which then had been in the post-office of the said United States there, and bad not been delivered to the person to whom the same were directed, that is to say, two letters and two packets, each then directed to one , at aforesaid ; against, etc. No. 282 (5). — — unlawfully did secrete, embezzle and destroy certain letters and packets, to wit, two letters and two packets, which [§ 3892, R. S.] then had been in the post-office of the said United States there, and were directed to one ; — at aforesaid, and had not yet been delivered to h — the said ; against, etc. No. 283 (6).« a certain packet, then and there directed to one , at • aforesaid, and containing an article of value, feloniously did take from the post-office of the said United [§ 6469, R. S.] States there, and open, embezzle and destroy ; against, etc. iSeeaWhar. Pr. 1108. 2See2 Whar. Pr. 1101. POSTAL CRIMES. 1Y7 No. 284 (Y). present, that heretofore, to wit, on, etc., at, etc., in, etc., there was in the post-office of the said United States there, and in the custody of one C T. G , then and there being a clerh in and for the said post-office, a certain packet which then lately before had been sent by mail from , in the state of , for and to be delivered to one I L. M , at aforesaid, in the district aforesaid, and w^hich then and there contained an article of value : And that the said then and there, by fraud and deception, that is to say, by fraudulently, deceitfully and contrary to the truth pretending to have been sent by the said I L. M for the last-mentioned packet, and to have been by h — author- ized to take the same from the said post-office, feloniously did without right obtain the same packet, so containing an article of value, from the said C T. G , so [§ 5469, R. S.] being such clerTi and having the custody thereof as aforesaid ; against, etc. Indictment, on Sec. 3893, R. S., as amended by Sec. 2 of the Act of Sep. 26, 1888, (1 Supp. R. S., 2d Ed., 621,) for depositing in, and taking from, the mails obscene books. No. 285 (1). ten obscene, lewd and lascivious books, and publications of an indecent character, addressed to divers persons respect- ively, unlawfully did knowingly ' deposit, and cause ' to be de- posited, in the post-office there, for mailing, that is to say, ten ' copies of a certain obscene,^ lewd [§ 3893, R. S., as am.] and lascivious book, and publication of an indecent char- 1 Includes allegation of defendant's knowledge of the obscene character of the matter mailed. XJ. S. v. Clark, 37 F. R 106 ; contra, U. S. v. Slenker, 33 F. R. 691. 2 Bates V. U. S., 10 F. R 93 ; U. S. v. Fero, 18 Id. 901. 3 Not double. See In re Henry, 133 U. S. 373 ; U. S. v. Patty, 3 F. E. 664, 666 ; No. 6, note 16. * For definition of the word obscene as used in the statute, see U. S. v. Clarke, 88 F. E. 733 ; U. S. v. Martin, 50 Id. 918 ; U. S. v. Males, 51 Id. 41. 13 178 FOEMS ADAPTED TO CRIMINAL CASES. acter, in the German language, and entitled ' in that language "Der Jugend-Spiegel, oder Die Geheimnisse des Geschlectsum- ganges; " which German title signifies and means, in the Eng- lish language, " The Mirror of Touth, or the Secrets of Sensual Intercourse: " which said book and publication is so obscene and indecent that the same would be offensive to the court here, and improper to be placed upon the records thereof,* wherefore the grand jurors aforesaid do not set forth the same in this indictment : Against, etc. No. 286 (2). unlawfully did knowingly take, and cause to be taken, [§ 3893, R. S., as am.] from the mails of the said United States, six other obscene, lewd and lascivious books, and pub- lications of an indecent character, for the purpose of circulat- ing and disposing of the same,' and of aiding in the circulation and disposition of the same, that is to say, six copies of a cer- tain obscene, lewd and lascivious book, and publication of an indecent character, entitled " The Anchor of Rescue; " (which last-mentioned book and publication is so indecent and ob- scene that the same would be offensive to the court here, and improper to be placed upon the records thereof, wherefore the grand jurors aforesaid do not set forth the same in this indictment ;) against, etc. Indictment J on Sec. 3893, E. S., (Sec. 2, Act Sep. 26, 1888; 1 Supp. R. S., 3d Ed., 621,) for mailing an obscene book, and advertisements of the same. No. 287 (1). unlawfully did knowingly deposit, and cause to be de- [§ 3893, R. S., as am.] posited, in the post-office of the said United States there, for mailing and delivery, to the address 6 Objectionable matter should be described by giving title, date of publi- cation, or otherwise. U. S. v. Harmon et al, 34 F. R. 873. 6 That obscene matters need not be set out, although averment of their' obscenity must be made, see 3 Whar. Pr., § 968, and note ; 1 Whar, Cr. L, g 311. See No. 309, note. 7 The clause " for the purpose of circulating or disposing of . . . the POSTAL CRIMES. 179 of R. W. McAfee, Esq., Box 303, ColUnsville, Illinois, a cer- tain printed advertisement and a certain written letter and notice' together giving information where, how and of whom might be obtained a certain obscene, lewd and lascivious book, and publication of an indecent character, entitled " The Cur- tain Lifted; " against, etc. No. 288 (2). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said [§ 3893, E. S., as am.] United States there, for mailing and delivery, a certain ob- scene, lewd and lascivious book, and publication of an inde- cent character, then and there addressed to , that is to say, a certain obscene, lewd and lascivious book, and pub- lication of an indecent character, entitled " The Curtain Lifted; " against, etc. ISTo. 289 (3). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said [§ 3893, R. S., as ani.J United States there, for mailing and delivery, a certain en- velope then and there bearing the address of , and containing a certain printed advertisement and notice giving information where, how and of whom might be obtained a certain obscene, lewd and lascivious book, and publication of an indecent character, in the said advertisement and notice styled " Dr. Ox's Marriage Guide; " against, etc. same " applies only to the oflPense of taking an obscene publication from the mails, and not to that of depositing one in them. U, S. v. Chase, 37 F. R, 807. 1 That the notice need not be set out, see Bates v. U. 8., 10 F. R 93 ; (post, No. 803, note) ; contra, U. S. v. Kaltmeyer, 16 Id. 760. See, also, U, S. v. Grimm, 45 F. R 558. 180 rOKMS ADAPTED TO CRIMINAL CASES. Indictment, on Sec. 3893, R. S., (Sec. 2, Act Sep. 26, 1888, 1 Snpp. B. S., 2d Ed., 621,) for mailing an obscene pamphlet. No. 290. imlawfully did knowingly deposit for mailing, and cause to be deposited for mailing, in the post-office of the said United States there, a certain packet, then and there addressed to on« at , in the state of , and containing a certain obscene and lewd pamphlet and paper, and publica- tion of an indecent character, that is to say, a certain printed pamphlet and paper hearing on the front of the cover thereof, in the place of a title, {amongst other things) the words " Spe- cific Medicines — Dr. D 's Specific for Nervous Debility; " which said printed pamphlet and paper is so obscene, lewd and indecent that the same would be offensive to the court here, and therefore, as well as by reason of the great length thereof,' improper to be placed upon the records of this court, wherefore the grand jurors aforesaid do not set forth the same in this indictment. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in man- ner and form aforesaid, did knowingly deposit, and cause to [§ 3893, R. S., as am.] be deposited, for mailing, an obscene and lewd pamphlet and paper, and publication of an indecent character; against, etc. Indictment, on Sec. 3893, R. S., (Sec. 2, Act Sep. 26, 1888, 1 Snpp. R. S., 2d Ed., 621,) for mailing an envelope containing an obscene pamphlet. No. 291. unlawfully did knowingly deposit for mailing, and cause to be deposited for mailing, in the post-office of the said United States there, a certain envelope or wrapper, then and there bearing the address of , and containing a certain obscene and lewd pamphlet and paper, and publica- tion of an indecent character, entitled " ;" which said 1 See U. S. V. Kaltmeyer, 16 F. R 760. See, also, No. 309, note. POSTAL CEIMES. 181 pamphlet, paper and publication is so obscene, lewd and inde- cent that the same would be offensive to the court here, and therefore, as well as by reason of the great length thereof, improper to be placed upon the records of this court, where- fore the grand jurors aforesaid do not set forth the same in this indictment. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in man- ner and form aforesaid, did knowingly deposit, and cause to be deposited, for mailing, an obscene [§ 3893, B. S., as ain.] and lewd pamphlet and paper, and publication of an indecent character; against, etc. Indictment, on Sec. 3893, R. S., (Sec. 2, Act Sep. 26, 1888, 1 Supp. R. S., 2d Ed., 621,) for mailing obscene and lewd pictures and delineations, and a letter in a for- eign language. ISTo. 292 (1). unlawfully did knowingly deposit, and cause to be de- posited, in a post-office of the said United States, for mailing and delivery, a certain envelope then - [g 3893, R. S., as am.] and there directed to one , at aforesaid, and containing two obscene, lewd and indecent pictures ; against, etc No. 293 (2). unlawfully did knowingly deposit, and cause to be deposited, in the post-offlce of the said United States there, for mailing and delivery, a certain [§ 3893, R. S., as am.] envelope then and there directed to one , at aforesaid, and containing certain obscene, lewd and indecent pictures and delineations, (of too indecent character to be here described,') and a certain obscene, lewd and indecent letter, paper and writing, in the Worwegian language; (which said letter, paper and writing is so obscene, lewd and indecent that the same would be offensive to the court here, and improper to be placed upon the records thereof, wherefore the grand jurors aforesaid do not set forth the same in this indictment ;) against, etc. iSee U. S. V. Kaltmeyer, 16 F. B. 760; No. 285, note 6. 182 FORMS ADAPTED TO CRIMINAL CASES. Indictment, on See. 3893, R. S., (Sec. 2, Act Sep. 26, 1888, 1 Supp. R. S., 2d Ed., 621,) for mailing an obscene letter. No. 294. unlawfully did knowingly deposit, and cause to be [§ 3893, R. S., as am.] deposited, in the post-office of the said United States in that city, for mailing and delivery, a certain envelope then and there bearing the address of , and containing a certain obscene, lewd and indecent letter;! (which said letter is so obscene, lewd and indecent that the same would be offensive to the court here, and im- proper to be placed upon the records thereof, wherefore the grand jurors aforesaid do not set forth the same in this in- dictment ;) against, etc. Indictment, on Sec. 3893, R. S., (Sec. 2, Act Sep. 26, 1888, 1 Supp. R. S., 2d Ed., 621,) for mailing an envelope con- taining a lewd paper, writing, print and publication. No. 295. unlawfully did knowingly deposit and cause to be de- posited, in the post-office of the said United States there, for mailing and delivery, a certain envelope then and there bear- ing the address of , and containing a certain obscene and lewd paper, writing, print and publication of an indecent character ; which said paper, writing, print and publication is so obscene, lewd and indecent that the same would be offen- sive to the court here, and improper to be placed upon the records thereof, wherefore the grand jurors aforesaid do not set forth the same in this indictment. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the [§ 3893, R. S., as am.] said , in manner and form 1 Obscene letter non-mailable since Act Sep. 26, 1888, 1 Supp. R S., 2d Ed.. 621. See U. S. v. Chase, 135 U. & 255, 263; U. S. v. Andrews, 58 F. R 861. Contra: U. S. v. Wilson, 58 Id. 768; D. S. v. Warner, 59 Id. 355; U. S. v. Jarvis, lb. 357. Query if letter should not be here described by giving date, address, number of pages, signature, etc. POSTAL OEIMES. 183 aforesaid, did knowingly deposit and cause to be deposited, for mailing and delivery, an obscene and lewd paper, writing, print and publication of an indecent character; against, etc. Indictment, on Sec. 3893, R. S., (Sec. 2, Act Sep. 26, 1888, 1 Supp. R. S., 2d Ed., 621,) for nc ailing newspapers con- taining obscene matter. No. 296 (1). did knowingly deposit, and cause to be deposited, in the post-office of the said United States there, for mailing and de- livery, certain printed newspapers, to wit, one hundred printed newspapers, then and there addressed to divers persons re- spectively, and each then and there containing (amongst other things) the following matters in print, that is to say : \insert clippings]. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , at the time and place in that behalf aforesaid, in manner and form aforesaid, unlawfully did knowingly deposit, and cause to be deposited, for mailing and delivery, obscene, [§ 3893, R. S., as am. J lewd and lascivious papers and prints, and publications of an indecent character; against, etc. No. 297 (2). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said [§ 3893, R. S., as am .J United States there, for mailing and deliver}"-, a certain other obscene, lewd and lascivious paper, and publication of an in- decent character, that is to say, a certain other printed paper, then and there addressed to one and intended for delivery to h — at aforesaid, from and by means of the said postoffice, and containing (amongst other things) the obscene, lewd, lascivious and indecent matters following, to wit : \insert clippings] : Against, etc. 184: FOEMS ADAPTED TO CRIMINAL OASES. Indictment, on Sec. 3893, R. S., (Sec. 2, Act Sep. 26, 1888, 1 Supp. R. S., 2d Ed., 621,) for mailing circu- lars, notices, pamphlets, books and letters, giving in- formation where an article designed for the prevention of conception, and for indecent and immoral use, might he obtained. No. 298 (1). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said United States there, for [§ 3893, R. S., as am.] mailing and delivery, _)?/l{y envelopes, then and there directed respectively to divers persons and addresses to the said grand jurors unknown, and containing respectively printed circulars, advertisements and notices giv- ing information where, how and of whom might be obtained, an article called the Ideal Safety Syringe, designed and in- tended for the prevention of conception ; against, etc. No. 299 (2). unlawfully did knowingly deposit, and cause to be de- posited, in a post-office of the said United States, for mailing [§ 3893, R. S., as am.] and delivery, a certain envelope, then and there bearing the address .of Mrs. M. Rush, Idaho City, Idaho, and containing a certain printed pamphlet, and a cer- tain circular partly written and partly printed, respectively giving information where, how and of whom might be ob- tained an article and thing designed and intended for the prevention of conception; against, etc. No. 300 (3). unlawfully did knowingly deposit, and cause to be de- [§ 3893, R. S., as am.] posited, in the post-office of the said United States there, for mailing and delivery, to divers per- sons and addresses to the said grand jurors unknown, ten printed pamphlets, circulars and notices giving information where, how and of whom might be obtained an article and instrument designed and intended for the prevention of con- ception ; against, etc. POSTAL CRIMES. 185 No. 301 (4). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said [§ 3893, R. S., as am.j United States there, for mailing and delivery, a certain en- velope then and there directed to R. W. McAul, Esq., Box 303, ColUnsville, Illinois, and containing a certain printed book giving information where, how and of whom might be obtained an article designed and intended for the preven- tion of conception and the procuring of abortion ; against, etc. No. 302 (5). unlawfully did knowingly deposit, and cause to be de- posited, in the post-offlce of the said [§ 3893, R. S., as ani.J United States at the said city of , for mailing and de- livery, a certain envelope then and there directed to Robert W. McAfee, Box 303, Collinsville, Illinois, and containing a certain letter giving information where, how and of whom might be obtained an article, called , intended and adapted for indecent and immoral use ; against, etc. No. 803 (6).' unlawfull}'^ did knowingly deposit for mailing, and cause to be deposited for mafling, in [§ 3893, R. S., as ani.J the post-office of the said United States at aforesaid, to the address of H. Hamilton, Collinsville, III., a certain printed book giving information indirectly where, how and of whom might be obtained an article designed and intended for the prevention of conception ; against, etc. 1 This is the form of the first count in an indictment against one Bate, sus- tained by Judge Drummond, on error to the Circuit Court, in Batesv. U. S., 10 F. R. 92. Particular attention is called to the interesting and able note, appended to the report of this decision, by Francis "Wharton, author of the well-known works on criminal law, touching upon the points raised by the defendant as to the use of decoy letters, and as to the ineflfectiveness of the instrument or article referred to. 1S6 FORMS ADAPTED TO CEIMINAL CASES. Indictment, on Sec. 1, Act Sep. 26, 1888, (1 Supp. R. S., 2d Ed., 621,) for mailing a postal card having written thereon lewd and indecent epithets, terms and language. No. 304. unlawfully did knowingly deposit and cause to be de- [Sec. 1, Act Sep. 26, 1888.] posited, in the post-offlce of the said United States there, for mailing and delivery, a certain postal card, then bearing the address of Miss Cate Scanlan, S93 Shurlff Av., Chicago, 111., upon which postal card obscene, lewd and indecent epithets, terms and language were then written ; (which epithets, terms and language so written upon the said postal card are so obscene and indecent that the same would be offensive to the court here, and improper to be placed upon the records thereof, wherefore the grand jurors afore- said do not set forth the same in this indictment ;) against, etc. Indictment, on Sec. 1, Act Sep. 26, 1888, (1 Supp. R. S., 2d Ed., 621,) for mailing a postal card having indecent and lewd terms and language written thereon. No. 305 (1). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said United States there, for mailing and delivery, a certain postal card, then bearing the address of Paddy Winters, Memphis, Tenn., Shelby County, Tenn., upon which said postal card was then written as fol- lows, to wit: \here insert writing on postal card]. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form aforesaid, did know- [Sec. 1, Act Sep. 26, 1888.] ingly deposit, and cause to be deposited, for mailing and delivery, a postal card upon which indecent, lewd and obscene epithets, terms and language were written ; against, etc. POSTAL OEIMES. 187 No. 306 (2). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said United States there, for mailing and delivery, to the address of , a certain other postal card, whereon were [Sec. 1, Act Sep. 26, 1888.] then written indecent, lewd and obscene epithets, terms and language, to the effect following, to wit — [insert writing] — against, etc. Indictment, on Sec. 1, Act Sep. 26, 1888, (1 Supp. R. S., 2d Ed., 631,) for mailing a postal card having indecent and obscene epithets and terms in a foreign language MTitten thereon. No. 307 (1). unlawfully did knowingly deposit for mailing, and cause to be deposited for mailing, in the Worth-Division Station of the post-office of the said United States at Chicago afore- said, a certain postal card, then bearing the address following, to wit — To the Christian Swedish H Sophia Breh Englewood Illinois and whereon was then written as follows, to wit — [here in- sert writing as sjpelled and arranged on the card] ; the words and characters so written on the said postal card meaning and signifying as follows, that is to sa}'^ — [here insert writing cor- rectly spelled, etc.]. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said — — , on the day and year aforesaid, within the city and district aforesaid, in manner and form afore- [Sec. 1, Act Sep. 26, 1888.] said, did knowingly deposit for mailing, and cause to be de- posited for mailing, a postal card upon which were written indecent and obscene epithets, terms and language ; against, Gtc No. 308 (2). unlawfully did knowingly deposit, and cause to be de- posited, for mailing and delivery through and by means of the post-office establishment of the said United States, to the 188 FOEMS ADAPTED TO CRIMINAL CASES. address of one Sophia Bray, {by the name of Sophia Breh,) at Englewood, Illinois, a certain other postal card, whereon was then and there written as follows, in the Oerman language, to wit ■ Hnsei't writing']. Which words and figures so written on the last-mentioned postal card, in the German language, as aforesaid, were and are of the meaning and signification fol- lowing, in the English language, that is to say: \_set out trans- lation]. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , on the day and year last aforesaid, within the said city and district, in manner and form in this count as aforesaid, did knowingly deposit, and [Sec. 1, Act Sep. 36, 1888.] cause to be deposited, for mail- ing and delivery, a postal card upon which were written in- decent and obscene epithets, terms and language ; against, etc. Indictment, on Sec. \, Act Sep. 26, 1888, (1 Supp. R. S., 2d Ed., 621,) for mailing a postal card having indecent, libelous and defamatory epithets and terms, intended to reflect upon the character of another, written thereon. No. 309. unlawfully did knowingly deposit, and cause to be de- [Sec. 1, Act Sep. 26, 1888.] posited, in the post-ofiice of the said United States there, for delivery to one , of the same city, a certain postal card on which were then writ- ten, in the Banish tongue, indecent, libelous, scurrilous and defamatory epithets, terms and language, obviously intended to reflect injuriously upon the character and conduct of an- other, to wit, of the person to whom the said postal card was then directed; which said epithets, terms and language, so written upon the said postal card, are so indecent, libelous, scurrilous and defamatory that the same would be offensive to the court here, and improper to be placed upon the records thereof,' wherefore the grand jurors aforesaid do not set forth the same in this indictment : against, etc. 1 " Whenever it would create extreme inconvenience, or prejudice good morals, or operate otherwise counter to the general policy of the law, as well as when it would be physically impossible to introduce into the indict- POSTAL CRIMES. 189 Indictment, on Sec. 3894, R. S., as amended (Sec. I, Act of Sep. 19, 1890, 1 Supp. R. S., 2d Ed., 803,) for mailing letters and circulars concerning a lottery. No. 310 (1). unlawfully did knowinglj'^ deposit in a post-office of the said United States, and send [§ 3894, R. S., as am.j through the same, to be conveyed and delivered by mail, a letter and circular concerning a lottery,' that is to say, a cer- tain letter and circular directed to one , at , , and concerning a lottery in the said letter and circular styled^ " Royal Havana Lottery f against, etc. No. 311 (2). unlawfully did knowingly deposit in the post-office of the said United States there, and send through the same, to be conveyed and delivered by mail, a certain envelope then bearing the address of , which said envelope then contained a circular concerning a lottery, that is to say, a certain printed circular (of too great length to be here set out entire, or, of too great length to be here set forth in full,) bearing on one page thereof, amongst other things, the words " Royal Havana Lottery, conducted hy the Spanish Govern- ment, in the City of Havana, binder the Supervision of the ment the usual allegation, the omission of the allegation is excused on the ground of necessity. But, in every such case, the necessity must be appar- ent on the face of the indictment; or, if it is not. it must be shown by a special allegation." 1 Bish. Cr. Proc. § 497. See, also. No. 285, note 6. 'The words " offering prizes," in the statute, qualify the words "similar enterprise," and not the word " lottery." U. 8. v. Noelhe, 1 F. E. 426. 2 An indictment for sending lottery circulars through the mails need not show how the circulars concern a lottery ; but, where the circulars do not show on their face that they relate to a lottery, the indictment should aver the existence of a lottery, or an intention to hold a lotteiy. to which tlie circulars refer. U. S. v. Bailey, 47 Id. 117; U. S. v. Noelke, supra. As to necessity of setting out the circular in full, see U. S. v. Noelke, supra; Bates V. U. S., 10 F. R. 92 ; post, No. 453, note. That the lottery need not be described in detail, see U. S. v. Conrad, 59 F. E. 458. 190 rOEMS ADAPTED TO CRIMINAL CASES. Captain General of Cuba" and the words "Address all Orders to W <& Co., BroTcers, 125 St., , ," and pur- porting to give, amongst other things, the days whereon cer- tain drawings of such lottery would thereafter take place, and the price of tickets and list of prizes- in such drawings, and the plan of such lottery ; and which said envelope also then contained a letter concerning a lottery, being a certain letter, partly written and partly printed, as follows, to wit: [set out the lettei'']. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form [§ 3894, R. S., as am.] in this count aforesaid, did know- ingly deposit and send, to be conveyed and delivered by mail of the said United States, a letter and circular concerning a lottery ; against, etc. ■ No. 312 (3). unlawfully did knowingly deposit, and cause to be de- [§ 3894, R. S., as am.] posited, in the post-office of the said United States there, and send and cause to be sent through the same, to be conveyed and delivered by mail, divers letters and circulars concerning a lottery, that is to say, ten letters and ten circulars, then directed respectively to divers persons and addresses to the said grand jurors as yet unknown, and concerning a lottery called {or, in the same letters and circu- lars called) the Royal Hava/iia Lottery; against, etc. Indictment, on Sec. 3894, R. S., (Sec. 1, Act of Sep. 19, 1890, 1 Siipp. R. S., 2d Ed., 803,) for mailing letters and circulars concerning a lottery. JSTo. 313 (1). a certain letter and circular concerning a lottery, to wit, a certain letter and circular ' directed to one , at , , unlawfully did knowingly deposit and send, to be [§ 3894, R. S., as am.] conveyed and delivered by mail of the said United States; against, etc. 1 "Letter and circular" not necessarily a double charge, U. 8, v, Noelke, 1 F. R. 436. See, also, No. 6, note 16. POSTAL CKIMES. 191 ISTo. 314 (2). unlawfully did knowingly deposit, and cause to be de- posited, in a post-oflBce of the said United States, and send through the same, to be conveyed [§ 3894, R. S., as am.J and delivered by mail, a certain other letter and circular con- cerning a lottery, that is to say, a letter and circular then and there directed to , at , , and concerning a lottery to be drawn (as appeared from the same letter and circular) by the Louisiana State Lottery Company, at New Orleans, on Tuesday the fifteenth day of January then next; against, etc. No. 315(3). unlawfully did knowingly deposit, and cause to be de- posited, in the post-offlce of the said United States there, and send through the same, to be con- [§ 3894, R. S., as am.] veyed and delivered by mail, a certain other letter and circu- lar concerning a lottery, that is to say, a letter and circular then and there bearing the address of , , , and concerning a lottery in the same letter and circular styled "One Hundred and Sixty-Fifth Orand Monthly Drawing, Class '-5 ' of the Louisiana State Lottery Company; " against, etc. No. 316 (4). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said United States there, and send through the same, to be conveyed and delivered by mail, a certain envelope then directed to , at , , which said envelope then contained a circular concerning a lottery, that is to say, a certain printed circular (of too great length to be here set out entire) entitled " Official Drawing of tlie Louisiana State Lattery, Single Numher Class 'A.' drawn at New Orleans, La., on Tuesday, Jan. 15th, 1893," and purporting to set out the prizes drawn in such lottery, and the numbers of the tickets drawing the same; and which said envelope also then contained another circular concerning a lottery, that is to say, a certain other printed circular (of too great length to be here set out entire) bearing on the first page thereof (amongst other things) the words and figures following, to 192 FORMS ADAPTED TO CEIMINAL CASES. wit, " One Hundred and Sixty-Fifth Ora/nd Monthly Draw- ing^ Class 'JB^ of the Louisiana State Lottery Company, will take place at -New Orleans, Tuesday, February IMh, 1893," and the words and figures following, to wit, '■^Address — B. F M , m? — — • St., ," and purporting to give (amongst other things) the price of tickets and list of prizes in such drawing last mentioned. And so the grand jurors afore- said, upon their oath aforesaid, do say, that the said B. F [§ 3894, R. S., as ani.J M , in manner and form in this count aforesaid, did knowingly deposit, and cause to be de- posited, and send, to be conveyed and delivered by mail, cir- culars concerning lotteries ; against, etc. No. 31Y (5). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said United States there, and send through the same, to be conveyed and delivered by mail, a certain sealed envelope then directed to B. F , at , , in which envelope were then enclosed divers, to wit, five printed papers, (of too great length to be here set out en- tire,)^ called tickets, purporting to be fifth-tickets in a drawing or lottery to be drawn by the Louisiana State Lottery Com- pany, at New- Orleans, on the fifteenth day of January then next, and each purporting to set forth, on the back thereof, (amongst other things,) a list of prizes in such drawing or lottery; and in which same envelope was also then enclosed a certain printed paper, (of too great length to be here set out entire,) entitled ^' Order for Tickets," and being a blank form of order, addressed "B. F M -, 127 Street, , ," for tickets in such drawing or lottery last mentioned. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said B. F M , in manner and form in this count aforesaid, did knowingly deposit, and cause to be deposited, [§ 3894, R. S., as am.] and send, to be conveyed and de- livered by mail, a letter and circular concerning a lottery ; against, etc. 1 See No. 309, note 1 ; No. 310, note 3. POSTAL CRIMES. 193 Indictment, on Sec. 3894^ R. S., (Sec. 1, Act Sep. 19, 1890, 1 Snpp. B. S., 2d Ed., 803,) for mailing circulars con- cerning lotteries and enterprises similar to so-called gift-concerts. JSTo. 318 (1). unlawfully did knowingly deposit, and cause to be de- posited, in a post-ofRce of the said [§ 3894, R. S., as am. J United States, and send through the same, to be conveyed and delivered by mail of the said United States, a circular concerning a lottery, that is to say, a certain circular directed to one A M , at • aforesaid, and entitled '■'■Fortuna " Authentisches Central Ziehungshlatt, and concerning divers lotteries therein mentioned ; against, etc. No. 319 (2). unlawfully did knowingly deposit, and cause to be deposited, in a post-office, and send [§ 3894, K- S., as am.] through the same, to be conveyed and delivered by mail of the said United States, a circular concerning an enterprise similar to so-called gift-concerts, offering prizes dependent upon lot and chance, that is to say, a certain circular directed to one A M , at aforesaid, and entitled ^'Fortuna" Authentisches Central Ziehungshlatt., and concerning divers enterprises of that character in the same circular mentioned; against, etc. No. 320 (3). unlawfully did knowingly deposit, and cause to be deposited, in a post-office, and send through the same, to be conveyed and delivered by mail of [§ 3894, R. S., as am. J the said United States, a certain other circular concerning lotteries, to wit, a certain circular directed to one A M , and concerning divers lotteries therein styled respect- ively "100 Lire Stadt Barletta Bonds v. JakrelSW," "Oesterr. Roth-Kreuz Bonds^^ and " TJngar. Praemien Lose v. J. 1870; " against, etc. 13 194: rOEMS ADAPTED TO CRIMINAL CASES. No. 321 (4). unlawfully did knowingly deposit, and cause to be de- posited, in a post-office of the said United States there, and [§ 3894, R. S., as am.] send through the same, to be con- veyed and delivered by mail, a certain other circular con- cerning lotteries, to wit, a certain circular directed to one J L , at aforesaid, and entitled " Fortuna " Au- thentisches Ziehiongsblatt, and concerning divers lotteries in the same circular mentioned; against, etc. No. 322 (5). unlawfully did knowingly deposit, and cause to be de- posited, in the post-office of the said United States there, and [§ 3894, K. S., as am.] send through the same, to be con- veyed and delivered by mail, a certain other circular concern- ing enterprises similar to a so-called gift-concert, offering prizes dependent upon lot and chance, that is to say, a certain circular then and there bearing the address of Mr. J JL , 2163 Ave., City, and concerning divers enter- prises of that character, in the same circular styled respect- ively " Wiener Communal Lose v. J. 187 Jf," " Rudolfs-Lose" and " Herzoglich Braunschweig' sche-Lose; " against, etc. Indictment, on Sec. 3894, E. S., (Sec. 1, Act Sep. 19, 1890, 1 Snpp. E. S., 2d Ed., 803,) for causing a circular con- cerning an enterprise similar to a gift-concert to be delivered by mail. No. 323. present, that E H. H , on the day of • in the year of our Lord eighteen hundred and , at the city of Wew YorJc, in the Southern District of New York., unlawfully did knowingly deposit, and cause to be deposited, in the post-office of the said United States in that city, and send through the same, to be conveyed and delivered by mail of the said United States, a circular concerning an enterprise similar to a so-called gift-concert, and offering prizes depend- ent upon lot and chance, that is to say, a certain circular dl- POSTAL CRIMES. 195 rected to one N S , at and in the said Northern Dis- trict of Illinois, by and under the name, direction and address following, to wit, Mrs. N S , 2713 Wentworth Av., Chicago, 111., and concerning an enterprise of that character in the same circular styled ; {or, and concerning an enterprise offering prizes dependent upon lot and chance in and under the name of ;) and that the said circular, so bearing the said direction and address thereon, was thereupon, to wit, on the day and year aforesaid, conveyed by mail of the said United States from the said city of New YorTc, in the said Southern District of New York, to the said Northern Dis- trict of Illinois, and afterwards, to wit, on the day of , in the year of our Lord eighteen hundred and , de- livered by mail through the post-office of the said United States at Chicago aforesaid, according to the said direction thereon, to the person to whom the same was so addressed. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said E H. II ■, on the said day of , in the year of our Lord eighteen hundred and , at Chicago aforesaid, in the said Northern District of Illinois, in manner and form aforesaid, unlawfully did knowingly cause to be de- livered^ by mail of the said United [§ 3894, R. S., as am.J States, at and in the district last aforesaid, a circular concerning an enterprise similar to a so-called gift-concert, offering prizes dependent upon lot and chance; against, etc. Indictment, on Sec. 5463, R. S., (1 Supp. R. S., 2d Ed., 518, 593,) for forging postal money-orders ; with a count on Sec. 5421, R. S., for forging an order for tlie pur- pose of obtaining a sum of money from a postmaster; and with a count on Sec. 5475, R. S., for stealing prop- erty belonging to the Post-Office Department. No. 324 (1). with intent to defraud a certain person, whose name is to the said grand jurors unknown, then postmaster for the post-office of the said United States at Baltimore, in the state 'See U. 8. v. Horner, 44 F. R 677; Horner v. U. S., 143 U. S. 207, 213; U. S. V. Conrad, 39 F. E. 458. 196 FORMS ADAPTED TO CRIMINAL CASES. [§ 5463, B.. Sv as ani.] of Maryland, feloniously did falsely make and forge a certain order purporting to be a money- order issued by and under the direction and authority of the Post-Office Department of the said United States, that is to saj'^, a certain money-order purporting to be a money-order issued by the postmaster for the post-office of the said United States at aforesaid ; the tenor of which said falsely made and forged order is as follows, that is to say : : Against, etc. No. 325 (2). with intent to defraud the said United States, [ — w, one {payei)^ feloniously did falsely make and forge a cer- [§ 5463, R. S., as am.j tain other order purporting to be a money-order issued by a postmaster of the Post-Office De- partment of the said United States, to wit, the postmaster for the post-office of the said United States at aforesaid ; the tenor of which falsely made and forged order last aforesaid is as follows, that is to say : : Against, etc. No. 326 (3). feloniously did falsely make and forge a certain other [§ 5431, R. S.] order, for the purpose of obtaining and re- ceiving from an officer of the said United States, to wit, the then postmaster for the post-office of the said United States at , in the state of , (whose name is to the said grand jurors unknown,) a certain sum of money, to wit, the sum of ; the tenor of which falsely made and forged order last aforesaid is as follows, that is to say : \set out the faoe of the money-order] : Against, etc. No. 327 (4). thirty-one printed paper blanks for money-orders, each of the value of one cent, and thirty-one printed paper blanks for letters of advice, each of the value of one cent, of the prop- erty belonging to the Post-Offlce Department of the said [§ 6475, R. S.] United States then and there being, feloni- ously did steal, purloin and embezzle ; against, etc. POSTAL CRIMES. 197 Indictment, on Sec. 5463, R. S., (1 Supp. E. S., 2d Ed., 518, 593,) for forging a material indorsement on a postal money-order; and for uttering and passing the same money-order with such forged indorsement thereon. No. 328 (1). had in — h — possession a certain money-order emitted by a postmaster of [or, issued by] the Post-Offlce Department of the said United States, for the payment of money to one Albert H. Thompson, and of the tenor following, to wit : \_sei out all of the matter on the face of the money-order, excepting the stamp of the paying office and the. signature of the payee to the receipt, on one side of a sheet of paper, and on the other side of the sheet set out all the matter on the hack of the money- order, excepting the signature of the payee to the indorsement^ : And that the said , so having in — h — possession the money-order last aforesaid, then and there, to wit, on the day and year first aforesaid, at aforesaid, in the district aforesaid, with intent to defraud the [§ 5463, R. S., as am .J said Albert H. Thompson, feloniously did false!}' make and forge a certain material indorsement and signature on the said money-order, by falsely making and forging upon the back of the same, in the place indicated for the signature of the payee thereof, a csrtain signature of the tenor following, to wit, "^. H. Thompson; " against, etc. No. 329 (2). had in — h — possession a certain postal money-order issued by and under the direction and authority of the Post- Offioe Department of the said United States, that is to say, a certain money-order drawn by the postmaster of the said United States at Springfield, in the state of Missouri, upon the postmaster of the said United States at aforesaid, for the payment of the sum of to one Albert H. Thomp- son, and bearing date of the day of , in the same year eighteen hundred and ; on the back of which mone}'- order last aforesaid, at the time and place when and where the said • so had the same in — h — possession as aforesaid, were the printed words " Pay to . . . the 198 FORMS ADAPTED TO CRIMINAL CASES. amount of the within order," and next the false and forged signature "J.. ZT. Thompson,^^ in writing, and next the printed word " Payee," together forming a false and forged material indorsement and signature, of the tenor following, to wit, "Pay to . . . the amount of the within order. — A. H. Thompson, Payee:" And that the said , so having in — h — possession the last-mentioned money-order, with the said false and forged indorsement and signature thereon as aforesaid, then and there, with intent to defraud one' Charles E. Wyman, feloniously did, utter and pass the same money- [§ 5463j E. S.j as am.] order, with the said false and forged indorsement and signature thereon as aforesaid, as and for a money-order bearing the true and genuine indorsement and signature of the payee thereof; — h — the said then and there well knowing the same false and forged indorse- ment and signature to be false and forged; against, etc. Indictment, on Sec. 5463, R. S.,(l Supp. E. S.,2d Ed., 518, 593,) for forging a material signature to a receipt on a postal money-order; and for uttering and attempting to pass and passing the same money-order with such forged signature thereon. E"o. 330 (1). — - did have in — h — possession a certain money-order issued by the Post-Office Department of the said United States, of the tenor following, that is to say — \_set out the face of the money-order, omitting the stamp of the paying office and the sig- nature to the receipt] : And that the said then and there, to wit, on the said day of , in the same year eighteen hundred and , at aforesaid, in the district aforesaid, feloniously and falsely did forge on the said money- order, at the foot thereof, immediately under the words "Ee- ceived the above," a certain material signature, to wit, the signature of one Charles E. Mutsig, to whom the said money- order was then and there payable; which said forged signa- ture is as follows, that is to say, "Charles E. Mutsig; " — h — the said thereby intending then and there to defraud the said Charles E. Mutsig. And so the grand jurors afore- 1 See No. 331, note 1, l-OSTAL CKIMES. 199 said, upon their oath aforesaid, do say, that the said ■ in manner and form aforesaid, feloni- [§ 5463^ K. S., as am.] ously and with intent to defraud, did falsely forge a material signature upon and to a receipt on a money-order issued by the Post-Offloe Department of the said United States ; against, etc.i No. 331 (2). had in — h — possession a certain postal money-order drawn by the postmaster of the said United States at , in the state of , upon the postmaster of the said United States at aforesaid, for the payment of the sum of • to one Charles E. Mutsig, and bearing date of the day of , in the same year eighteen hundred and ; on which money-order last mentioned, at the time when the said so had the same in — h — possession as aforesaid, at aforesaid, in the district aforesaid, was written a certain false and forged material signature, as follows, to wit, " Charles E. Mutzig^'' in the proper place for the signature of the per- son who should receive payment of the same money-order, and next below the words " Received the above," thereon printed : And that the said , so having in — h — pos- session the last-mentioned money-order, with the said false and forged signature thereon written as aforesaid, then and there, with intent to defraud one Sherman P. Stiles, feloni- ously did utter 2 and attempt to pass the same money-order, with the said false and forged signa- [§ 5463, E. S., as am .J ture thereon written, as and for a money-order bearing the true and genuine receipt and signature of the person entitled to receive payment thereof; — h — the said then and there well knowing the same false and forged signature to be false and forged ; against, etc. No. 332 (3). did have in — h — possession a certain other money- order issued by and under the direction of the Post-Office^ De- partment of the said United States, of the tenor following, that 1 For another form of count for forging signature to a receipt, see No. 403. 2 See No. 231, note 3. 200 FOEMS ADAPTED TO CRIMINAL CASES. is to say — [set out the money-order as hefore'\ ; on which money- order last aforesaid, at the foot thereof, immediately under the words "Keceived the> above," was then written a certain false and forged material signature, to wit, the false and forged signature of one Charles E. Mutzig, to whom the last-men- tioned money-order was then and there payable, to wit, on the said day of , in the same year eighteen hundred and , at aforesaid, in the district aforesaid; which false and forged signature last aforesaid is as follows, that is to say, " Charles E. Mutzig; " and that the said then and there, well knowing the last-mentioned false and forged signature to be false and forged as aforesaid, feloniously did [§ 5463, R. S., as am.] utter and pass as true the money- order last aforesaid, so bearing the last-mentioned false and forged signature as aforesaid, with intent then and there to defraud the said Charles E. Mutzig; against, etc. Indictment, on Sec. 5463, R. S., (1 Supp. R. S., 2d Ed., 518, 593,) for forging a signature to a receipt on a postal money-order, and for passing the same order with such forged signature thereon; with counts on Sec. 5431, R. S., for forging a receipt to ohtain a sum of money from a postmaster, and for uttering and publishing such forged receipt ; and with a count on Sec. 5438, R. S., for presenting a false claim to a postmaster. No. 333 (1). did have in — h — possession a certain money-order, is- sued by the Post-OfBce Department of the said United States, and of the tenor following, that is to' say : \_s6t out the face of the money-order, omitting the stamp of the paying office and the signature of the payee'] : And that the said , so having in — h — possession the said money -order, then and there, to wit, on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, with intent to defraud one George Hermann, feloni- [§ 5463, R. S., as am.] ously did falsely forge and counter- feit a certain material signature upon and to a certain receipt thereon, by falsely making and forging upon the same money- POSTAL CRIMES. 201 order, at the foot thereof, immediately under the words "Ee- ceived the above," a certain signature purporting to be the signature of the same George Hermann-, to whom the said money-order was then and there payable; which said falsely forged and counterfeited material signature is as follows, to wit, '■'■Oeorge Ilerman:" Against, etc. No. 334 (2). did have in — h — possession a certain other money- order, issued by and under the direction of the Post-Office Department of the said United States, that is to say, a certain money-order issued by the postmaster of the said United States at the city of , in the state of , and of the tenor here following, that is to say : [set it out] ; On which last-mentioned money-order then and there, to wit, at the time when the said • so had the same in — h— pos- session, in the said city of and the district aforesaid, was written a certain false and forged material signature upon and to a certain receipt thereon, to wit, a certain false and forged signature (immediately below the words " Received the above," at the foot of the same money-order,) purporting to be the signature of one George Hermann, to whom the last- mentioned money -order was then and there payable; the tenor of which false and forged signature last aforesaid is as follows, that is to say, " George Herinan: " And that the said then and there, with intent to defraud the same ' George Hermann, feloniously did [§ 5463^ R. S., as am.J utter and pass as true the money-order last aforesaid, so then and there bearing the false and forged signature last aforesaid ; — h — the said then and there well knowing the same false and forged signature to be false and forged : Against, etc. No. 335 (3). did have in — h — possession a certain other order, the same then and there being a money-order drawn by the post- oflBce of the said United States at the city of , in the state of , upon the post-ofHce of the said United States at aforesaid, by virtue whereof one George Hermann, upon pre- 1 See Bish. Diiec. & F., §g 437, 460. 202 FOEMS ADAPTED TO OEIMINAL OASES. senting the money-order last aforesaid at the last-mentioned post-office, and signing the blank receipt at the foot of the same money-order, would be entitled to receive from the postmaster of the said United States at that post-offlce the sum of dollars; the tenor of which money-order last aforesaid was then as follows, to wit: And that the said then and there, to wit, on the said day of , in the year of our Lord eighteen hundred and , at the said city of and in the district aforesaid, so having in — h — possession the money-order last aforesaid, for the purpose of obtaining and receiving from the said postmaster of the said United States at aforesaid the sum of money in the same money-order mentioned and thereby payable, feloniously did falsely make and forge a certain receipt upon the same money -order, by falsely making and forging thereon, next below the words " Received the above," at the foot of the same money-order, a certain signature purporting to be the signature of the same George Hermann, to whom the amount of the last-mentioned money-order was so payable as aforesaid ; the tenor of which said falsely made and forged receipt is as follows, to wit, " Eeceived the above. George IlermanP And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , at the time and place and in manner and form in this count aforesaid, felonious!}' did falsely make and forge a receipt, for the pur- [§ 54-21, R. S.] pose of obtaining and receiving from an ofHcer of the said United States a sum of money ; against, etc. No. 336 (4). had in ^h — possession a certain order in writing. called a post-offlce money-order, as follows, that is to say — , the same being then and there, to wit, at the time and place when and where the said so had the same in possession as aforesaid, an order properly payable to one George Hermann, the person named in the letter of advice therein mentioned ; on which order last aforesaid was then and there written, immediately under the words "Eeceived the above," at the foot thereof, a certain false and forged sig- nature, purporting to be the signature of the said George Her- POSTAL CEIMES. 203 mann, and forming with those words of acquittance a false and forged receipt, of the tenor following, to wit, " Keceived the above. George Hermann." And that the said , so having in — h — possession the order last aforesaid, and the said false and forged receipt thereon written as aforesaid, on the said day of , in the year of our Lord eighteen hundred and -, at aforesaid, in the district aforesaid, with intent to defraud the said United States,' feloniously did utter and publish as [§ 5463, R. S., as am.; § 5431, R. S.j true, and cause to be uttered and published as true, the false and forged receipt aforesaid ; — h — the said then and there well kuQwing the same to be false and forged; against, etc. No. 337 (5). unlawfully did make and present to one W S. McM , then and there being an ofiBcer in [§ 543$, R. S.J the civil service of the said United States, to wit, assistant postmaster and acting postmaster of the said United States at aforesaid, for payment by him as such acting postmaster, a certain claim upon and against the Post-OflBce Department of the said United States, that is to say, a claim for the amount of a certain money-order drawn by the postmaster of the said United States at , in the state of , upon the postmaster of the said United States at aforesaid, for the sum of dollars, and dated the day of , in the same year eighteen hundred and , and payable to one George Hermann; which said claim, at the time when the same was so made and presented as aforesaid, at , in the district aforesaid, was false, fictitious and fraudulent, in this, that the said then and there, for the purpose of obtaining payment to himself of the amount of the money- order last aforesaid, falsely and fraudulently did pretend and hold himself out then and there to bo George Hermann, and to be the person to whom the same money-order was payable, and as such person to be entitled to claim and receive pay- ment of the amount of the same money-order; whereas in truth and in fact the said was not then and there George Hermann, and was not then and there the person to whom the money-order last aforesaid was payable, and was iSee Bish. Direc. & F., §§ 457, '460. 204 FOEMS ABAPTED TO CRIMINAL CASES. not then and there in any manner entitled or authorized to claim or receive payment of the amount of the same money- order ; he the said , at the time of so making and presenting the said claim as aforesaid, there well knowing the same to be false, fictitious and fraudulent as aforesaid : Against, etc. Indictment, on Sec. 6463, B. S., (1 Supp. E. S., 2d Ed., 518, 693,) for altering a post-ofiBce money-order. No. 338. had in — h — possession a certain money-order issued by and under the direction of the Post-Offlce Department of the said United States, and of the tenor following, to wit: . And that the said , so having in — h — pos- session the said money-order, on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, with intent to defraud the [§ 5463, R. S., as am.] said United States and one' Lizzie Dujfln, feloniously did falsely alter the said money-order, by falsely writing and forging the figure " feloniously did take the mail of the said United States, and divers, to wit, one hundred, letters and [§ 5469, R. S.] packets therefrom, and open, embezzle and ' destroy the same mail, letters and packets, the same then and there containing articles of value ; against, etc. No. 386 (4).» unlawfully did tear, cut and injure a certain mail-bag and pouch then used and designed for use in [§ 5476, R. S.] the conveyance of the mail of the said United States ; against, etc. iSee2 Whart Pr. 1101. 2 Not double. See U. 8. v. Sander, 6 McLean, 598 ; U. S. v. Byrne, 44 F. E. 188. And see No. 6, note 16. ' For form of a count on Sec. 5476, R. S., alleging intent to rob, etc., see No. 390. 222 FORMS ADAPTED TO CRIMINAL CASKS. Indictment, on Sec. 5469, R. S., for stealing mail from a railway post-office car; with a count on Sec. 5476, R. S., for tearing, cutting and injuring a mail-pouch, with intent to rob the mail, etc. No. 387 (1). feloniously did steal the mail of the said United States ; [§ 54-69, R. S.j against, etc. No. 388 (2). feloniously did steal and take from and out of a mail [§ 5469, R. S.] of the said United States divers, to wit,, twenty, letters and packets ; against, etc. No. 389 (3). feloniously did take from a certain railwwy post-office [§ 5469, R. S.J car there, the same then and there being an authorized depository for mail-matter, divers, to wit, twenty^ other letters and packets, each then and there containing an article of value,' and the same letters and packets then and there feloniously did open, embezzle and destroy ; against, etc. No. 390 (4). a certain mail-pouch then and there used and designed for use in the conveyance of the mail of the said United States, and containing a part of the said mail, feloniously did [§ 5476, R. S.J tear, cut and injure, with intent then and there the said mail feloniously to rob, and the said contents of the said mail-pouch feloniously to steal, take and carry away; against, etc. I Indictment need not allege that letters, etc., contained anything of value. U. 8. v. Burns, 5 McLean, 23 ; U. S. v. FalJeenhainer, 21 F. R 624 ^ U. S. V. Davis, 33 Id. 86.> POSTAL OEIMES. 223 Indictment, on Sec. 6469, R. S., for stealing and tailing divers letters and packets from and out of a post-office ; some directed as specified, and containing articles of value of kinds unknown. No. 391 (1). feloniously did steal and take from and out of the post-office of the said United States there [§ 5469, R. S.J divers letters and packets, to wit, ten letters and packets di- rected respectively to , at aforesaid ; against, etc. No. 392 (2). feloniously did steal and take from the post-office of the said United States there divers other [§ 5469, R. S.] letters and packets, to wit, ten letters and packets directed respectively to one , at aforesaid ; against, etc. No. 393 (3j. feloniously did take divers letters from the post-office of the said United States there, and open, [§ 5469, R. S.j embezzle and destroy the same letters, that is to say, ten let- ters, then and there directed respectively to • , at aforesaid, and containing respectively articles of value, of kinds and descriptions to the said grand jurors unknown; against, etc. No. 394 (4). a certain letter, then being in the post-office of the said United States there, and directed to , at , feloni- ously did steal and take from and out of the [§ 6469, R. S.J said post-office ; against, etc. 224 FOEMS ADAPTED TO CEIMINAL CASES. Indictment, on Sec. 5469, R. S., for taking a letter, contain- ing an article of Talue, from a post-office, and opening and embezzling the same letter ; and for taking a let- ter containing a check, and directed to a person named, and opening, embezzling and destroying the same letter. No. 395 (ly George H. Early, feloniously did take a cer- [§ 64:69, R. S.] tain letter from the post-oflBice of the said United States there, and open and embezzle the said letter, the same then and there containing an article of value ; against, etc. No. 396 (2).^ H. Early, feloniously did take a cer- [§ 6469, R. S.J tain other letter from the post-ofEce of the said United States there, to wit, a certain letter then and there directed to one George E. Early, (by the name of George H. Early ^ at aforesaid, and the same letter, then and there containing a check for the sum and of the value of fifty dollars, then and there feloniously did open, embezzle and destroy ; against, etc. Indictment, on Sec. 6469, R. S., for taking from a post- offlce, letters containing articles of value, and directed to a person named, and opening and embezzling the same; with a count on Sec. 3892, R. S., for secreting and embezzling letters before delivery thereof. No. 397 (1). feloniously did take divers letters from the post-office [§ 6469, R. S.] of the said United States there, that is to ^a.y,five letters, then lately before sent by mail from divers places to Chicago aforesaid, for and to be delivered to one Matthias Thome, and the said letters then and there feloni- ously did open and embezzle, the same then and there con- taining respectively articles of value ; against, etc. 1 See 2 "Whart. Pr. 1101. 2 lb. 1103. POSTAL CEIME8. 225 JSTo. 398 (2). feloniously did take a certain other letter from the mail of the said United States, to wit, a cer- [§ 5469, R. S.J tain letter then lately before sent by mail to Chicago aforesaid, and then and there bearing the address of M. Thome, 138 <& llfi Wabash Ave., Chicago, III., and then and there feloniously did open and embezzle the same letter, which then and there contained an article of value, to wit, a certain obligation and security of the said United States, for the payment of ten dollars, and of the value of ten dollars ; against, etc. No. 399 (3). divers other letters and packets, to wit, three letters and three packets, which then had been in the post-office of the said United States there, and were directed to one Matthias Thome, at Chicago aforesaid, unlaw- [§ 3892, R. S.] fully did secrete and embezzle^ before the same letters and packets had been delivered respectively to the person to whom they were so directed as aforesaid ; against, etc, No. 400 (4). a certain letter and packet which then had been in the post-office of the said United States there, and was directed to at aforesaid, unlawfully did take, before the same had been delivered to the said person to [§ 3892, R. S.J whom it was so directed, and with a design to obstruct h — correspondence, and to pry into h — business and secrets; against, etc. 15 226 FORMS ADAPTED TO CRIMINAL CASES. Indictment, on Sec. 5469, R. S., for taking a letter, con- taining a money-order, and directed as specified, from a post-offlce, and opening and embezzling the same; and for obtaining such a letter from an unknown post- office clerk by fraud and deception ; with a count on Sec. 5463, E. S., (1 Supl. R. S., 2d Ed., 518, 593,) for forging a signature to a receipt on a money-order. No. 401 (1). feloniously did take a certain letter from the post- ofSce of the said United States there, to wit, a letter directed [§ 5469, R. S.] to one , at aforesaid, and the said letter then and there feloniously did open and embezzle, the same then and there containing a certain postal money-order for the sum and of the value of ten dollars; against, etc. No. 402 (2). present, that heretofore, to wit, on etc., at, etc., in the district aforesaid, there was in the post-ofSoe of the said United States there, and in the custody of some person to the said grand jurors unknown, then and there being a clerk in and for the said post-office, a certain letter which then lately before had been sent by mail from , in the state of , for and to be delivered to one , at afore- said, in the district aforesaid; which letter last aforesaid then and there contained an article of value, to wit, a certain money- order for the sum and of the value of ten dolla/rs: And that the said then and there, by fraud and deception, that is to say, by falsely and fraudulently pretending to be the person for whom the last-mentioned letter then and there was intended, and as such person to be entitled to receive the same, feloniously did without right obtain the same letter [§ 5469, R. S.J from the said person to the said grand jurors unknown, so then being such clerk and having the custody thereof as aforesaid ; against, etc. POSTAL CRIMES. 227 No. 403 (3). had in h — possession a certain money -order issued by the Post-OfiBce Department of the said United States, and of the tenor following, to wit : \here set out the ir>,oney-order, loithout the signature of the payee or the stamp of the paying office;'] And that the said , so having in h — posses- sion the money-order last aforesaid, then and there, with intent to defraud one Charles Bech, feloniously did falsely make and forge a certain material signature upon and to a receipt on the same money-order, [§ 5463, R. S., as ain.J by falsely making and forging upon the same money-order, next below the words "Received the above," at the foot thereof, a certain signature purporting to be the signature ©f the same Charles Bech to whom the same money-order was then and there payable ; the tenor of which said falsely made and forged signature is as follows, to wit, " Charles Beck: " Against, etc.^ ludictment, on See. 5469, K. S., for taking a letter from a post-offlce, and opening, embezzling and destroying the same ; for taking a letter, containing bank-notes, and directed as specified, from a post-offlce, and opening the same; and for obtaining such a letter from a post-ofiBce clerk by frand and deception. No. 404 (1). feloniously did take a certain letter from the post-ofHce of the said United States there, and open, [§ 5469, R. S.J embezzle and destroy the said letter, the same then and there containing an article of value ; against, etc. No. 405 (2). feloniously did take a certain letter from the post- office of the said United States there, to wit, [§ 5469, R. S.] a certain letter then directed to one Joseph J. Davidson (by the style and designation of J. J. Davidson), at aforesaid, 1 For another form of count on Sec. 5463, see No. 330, 228 FORMS ADAPTED TO CRIMINAL CASES. and the same letter, then and there containing divers bank- notes ' and United-States notes (of kinds and denominations to the said grand jurors unknown) to the amount and value of , then and there feloniously did open, embezzle and destroy; against, etc. No. 406 (3). present, that heretofore, to wit, on the day of , in the year of our Lord eighteen hundred and ninety- two, at . aforesaid, in the division and district aforesaid, there was in the post-office of the said United States there, and in the custody of one II L , then and there being a cleric, in and for the said post-offlce, a certain letter which then lately before had been sent by mail from , in the state of , for and to be delivered to one Joseph J. David- son, at aforesaid, in the division and district aforesaid; which last-mentioned letter then and there contained articles of value, to wit, divers ianh-notes amd United-States notes for the payment of money, of kinds and denominations respect- ively to the said grand jurors unknown, to the amount and of the value of : And that the said , otherwise called John J. Davidson, then and there, by fraud and deception, that is to say, by falsely and fraudulently pretending to be the person for whom the letter last aforesaid then and there was intended, and as such person to be entitled to receive the same letter, feloniously did without right obtain the same letter [§ 5469, R. S.] from the said H Z , so then being such clerk and having the custody thereof as aforesaid ; against, etc. Indictment, on Sec. 6469, B. S., for taking letters contain- ing writings representing valne, and directed as speci- fied, from a post-oiflce; and for obtaining snch letters from a letter-carrier by fraud and deception. No. 407 (1). feloniously did take certain letters from the post-office [§ 5469, R. S.] of the said United States there, to wit, 1 Ownership of contents need not be alleged. U. S. v. Falkenhainer, 21 F. R. 624 See No. 344, note 6, and No. 345, note 1. POSTAL CEIMES. 229 twelve letters, each then and there directed to certain persons under the style and designation of Oherne, Ilosiolc <& Company, at aforesaid, and the said letters, each then and there containing a writing representing value, then and there feloni- ously did open, embezzle and destroy ; against, etc. No. 408 (2). present, that heretofore, to wit, on, etc., at, etc., in, etc., there were in the post-oflBce of the said United States there, and in the custody of one Herman Naper, then being ' a letter-carrier of and for the said post-office, certain letters, to wit, thirteen letters, which lately before that time had been sent by rnail, from divers places, for deliver\' to a certain partnership or association under the name and style of Oherne, Ilosick (& Company, and were then directed to the said partner- ship or association, at aforesaid, in the district aforesaid; each of which letters last aforesaid then and there contained an article of value : And that the said and then and there, by fraud and deception, that is to say, by fraudulently, deceitfully and contrary to the truth pretending to be duly authorized to take and receive the last-mentioned letters, and by presenting to the said letter-carrier a false and forged writing purporting to be an order of the said partner- ship or association for the delivery of its mail-matter to the bearer of the said writing, feloniously did without right ob- tain the letters last aforesaid, so containing articles of value, from the said Herman Naper, so being such [§ 54-69, R. S.] letter-carrier and having the custody of the same letters as aforesaid; against, etc. Indictment, on Sec. 5469, B. S., for stealing mail-matter from receiving-boxes, and for stealing the mail. No. 409 (1). unlawfully and feloniously did steal and take from and out of a certain receiving-box for the [§ 5469, R. S.J ' This is a direct averment and not a recital. See V. S. v. Bornemann, 36 F. R. 357 ; No. 6, note 7. But see U. S. v. Hoeflinger, 33 F. R. 469. 230 FOEMS ADAPTED TO CRIMINAL CASES. deposit of mail-matter, the same then and there being an authorized depository for mail-matter, one hundred letters and one hundred T^&ckQis; against, etc. No. 410 (2). unlawfully and feloniously did take from a certain [§ 5469, R. S.J other receiving-box for the deposit of mail- matter, the same then and there being an authorized deposi- tory for mail-matter, one hundred other letters and one hun- dred other packages, each of the last-mentioned letters and packages then and there containing an article of value, and the same letters and packages then and there unlawfully and feloniously did open ; against, etc. No. 411 (3). unlawfully and feloniously did take from a certain [§ 5469, R. S.] other receiving-box for the deposit of mail- matter, the same then and there being an authorized deposi- tory for mail-matter, one hundred other letters and one hundred other packages, each of the last-mentioned letters and pack- ages then and there containing a writing representing value, and the same letters and packages then and there unlawfully and. feloniously did open and destroy ; against, etc. No. 412 (4). feloniously did take from a certain other receiving- [§ 5469, R. S.] box for the deposit of mail-matter, the same then and there being an authorized depository for mail-matter, a certain letter then and there directed to certain persons by the name and style of Curtis c& Son, at Portland, in the state of Maine, and containing a certain writing representing value, to wit, a certain check for the payment of dollars, and then and there, to wit, at aforesaid, in the district afore- said, feloniously did open the same letter, so containing the said writing as aforesaid ; against, etc. POSTAL OEIMES. 231 ISo. 413 (5). feloniously did take from a certain other receiving- box for the deposit of mail-matter, the same [§ 5469, R. S.] then and there being an authorized depository for mail-matter^ a certain letter then and there directed to certain persons by the name and style of Mess. Soott c& BaJcer, at , in the state of , and containing a certain draft for the payment of dollars, and of the value of dollars, and then and there, to wit, at aforesaid, in the district aforesaid, feloni- ously did open the same letter, so containing the said draft as aforesaid ; against, etc. No. 414 (6). feloniously did steal the mail of the said United States ; against, etc. [§ 5469, B. S.] Indictment, on Sec. 5469, R. S., for taking letters from a post-office, one containing a money-order, and opening and embezzling the same letters; with a count on Sec. 5421, R. S., for making and forging a receipt on a money-order, for the purpose of obtaining a sum of money from an officer of the United States, and with a count on Sec. 5438, R. S., for making and presenting a false claim for the amount of a money-order to a clerk in a post-office. No. 415 (1). unlawfully did take a certain letter from the post- ofEce of the said United States there, and open and embezzle the said letter, the same then and there con- [§ 5469, R. S.J taining an article of value ; against, etc. No. 416 (2). unlawfully did take a certain letter from the post- office of the said United States there, to wit, a certain letter then and there bearing the address '■'■Chicago [§ 5469, R. S.] 232 FOEMS ADAPTED TO CRIMINAL CASES. Corset Co., Chicago, lll.^'' and containing a certain money-order for the sum and of the value of , and the same letter then and there unlawfully did open and embezzle ; against, etc. No. 417 (3). did have in his possession a certain money-order drawn by a postmaster in the Dominion of Canada, to wit, the post- master at Clinton, in British Columlia, in that dominion, upon the post-office of the said United States at Chicago aforesaid, and of the tenor following, that is to say — [set out the face of the money-order, omitting the signature of the payee and the stamp of the paying office'] ; by virtue of which money- order last aforesaid certain persons then trading under the style and name of the Chicago Corset Company, upon presenting the same money-order at the said post-office at Chicago aforesaid, and duly signing {in and hy that name and style) the blank receipt on the same money-order, would be entitled to receive the amount thereof from the postmaster of the said United States at the said city of Chicago: And that the said •, so having in his possession the money-order last afore- said, then and there* to wit, on the said day of , in the year of our Lord eighteen hundred and , at Chicago aforesaid, in the district aforesaid, for the purpose of obtaining and receiving from one , then postmaster of the said United States at that city, the amount of the same money-order, to wit, the sum of , feloniously did falsely make and forge a certain receipt upon the same money-order, by falsely mak- ing and forging upon the same, in the place indicated for the signature of the payee thereof, a certain signature purport- ing to be the signature {in and hy the said style and name of the Chicago Corset Company) of the said persons to whom the amount of the same money-order was so payable as afore- said ; the tenor of which said forged receipt, so by the said falsely made by the means aforesaid, is as follows, that is to say, " Keceived the amount of the above order [Eeg u le montant du mandat ci-dessus.] Signature Chicago Corset Co." And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said then and there, in manner and form aforesaid, feloniously did falsely make POSTAL CHIMES. 233 and forge a receipt, for the purpose of ob- [§ 5421, R. S.J taining and receiving from an officer of the said United States a sum of money ; against, etc. No. 418 (4). did make and present, and cause to be made and pre- sented, to one D R. L , then and there being a person in the civil service of the said United States, to wit, a derl' in the post-office of the said United States at Chicago aforesaid, for payment by him as such cleric^ a certain claim upon and against the Post-Office Department of the said United States, that is to say, a claim for the amount of a certain money- order drawn by the postmaster at Clinton, in British Colum- bia, in the Dominion of Canada, upon the said post-office of the said United States at Chicago, aforesaid, for the sum of , and bearing date of the day of , in the same year eighteen hundred and ; the same money-order being then and there, to wit, at the time and place of the making and presenting of the said claim, and causing the same to be made and presented, as aforesaid, a money-order properly pay- able by the said D H. L , as such clerk, to the Chicago Corset Company, an association of persons then trading under that style and name; which said claim was then and there false, ficti- tious and fraudulent, in this, that the said — ■ then and there, for the purpose of obtaining payment to himself of the amount of the money-order last aforesaid, falsely and fraud- ulently did pretend and hold himself out then and there to represent and act for the said Chicago Corset Company, and to be a person to whom the same money-order was properly pay- able, and to be entitled to demand and receive payment of the amount thereof; whereas in truth and in fact the said then and there did not represent or act for the said Chicago Corset Company, and was not a person to whom the money-order last aforesaid was properly payable, and was not in any manner entitled or authorized to demand or receive payment of the amount thereof; he the said , at the time of so making and presenting the said claim, and causing the same to be made and presented, as aforesaid, there well knowing the same to be false, fictitious and fraudulent as 234 FOEMS ADAPTED TO CRIMINAL CASES. aforesaid. And so the grand jurors aforesaid, upon tiieir oath aforesaid, do say, that the said , on the said day of , in the year of our Lord eighteen hundred and , within the city and district aforesaid, in manner and form [§ 5438^ R. S.J aforesaid, unlawfully did make and present, and cause to be made and presented, to a person in the civil service of the said United States, for payment by that person, a claim upon and against a department of the government of the said United States, which said claim he the said then and there knew to be false, fictitious and fraudulent; against, etc. Iiidictmeut, on Sec. 5470, R. S., for buymg, receiving and concealing postage-stamps stolen from a post-office; with counts on Sees. 1 and 2 of the Act of Mar. 3, 1875, (1 Supp. R. S., 2d Ed., 88,) for stealing postage-stamps belonging to the United States, and having the same in possession. JSTo. 419 (1). feloniously did buy, receive and conceal, and aid in [§ 5470, R. S.J buying, receiving and concealing, divers, to wit, two hundred and fifty-five thousand, United-States postage- stamps, in the whole representing and amounting to a large sum of monej', to wit, the sum of four thousand dollars, and of the value olfour thousand dollars, of the goods and prop- erty of the said United States, which said postage-stamps had then lately before been feloniously stolen, taken and carried away from and out of the post-oflBoe of the said United States at , in the state of , by some person or persons to the said grand jurors as yet unknown; — h — the said then and there, to wit, at the time and place of so buying, re- ceiving and concealing, and aiding in buying, receiving and concealing, the said postage-stamps, well knowing the same to have been feloniously stolen, taken and carried away from and out of a post-office of the said United States ; against, etc. POSTAL CEIMES. 235 No. 420 (2). feloniously did buy, receive and conceal, and aid in buying, receiving and concealing, divers [§ 6470, B. S.] postage-stamps, (of the kinds authorized and provided by the Post-Office Department of the said United States,) that is to say, one hundred and thirty-nine thousand eight hundred post- age-stamps, each of the denomination and value of one cent, one hundred and tioelve thousand two hundred and forty-two post- age-stamps, each of the denomination and value of two cents, twelve hundred postage-stamps, each of the denomination and value of ten cents, three hundred other postage-stamps, (called special-delivery stamps^ each of the denomination and value of ten cents, and fifty-one postage-stamps, each of the denomination and value of fifteen cents, the same then and there being stamps and property of the said United States, and which then lately before had been feloniously stolen, taken and car- ried away from and out of a United-States post-office and authorized depository for mail-matter; — h — the said • then and there, to wit, at the said time and place of so bujnng, receiving and concealing, and aiding in buying, re- ceiving and concealing, the postage-stamps in this count men- tioned, well knowing the same to have been feloniously stolen, taken and carried away from and out of a post-offlce and au- thorized depository for mail-matter as aforesaid ; against, etc. No. 421 (3). at the city of , in the state of Minnesota, feloni- ously did purloin, steal, take [Sec. 1, Act Mar. 3, 1875.J and carry away divers postage-stamps, (of the kinds author- ized and provided by the Post-Offlce Department of the said United States,) that is to say, one hundred and forty thousand postage-stamps, each of the denomination and value of one cent, 3iX\d. fifteen hundred postage-stamps, each of tlie denomination and value of ten cents, of the goods and property of the said United States ; and that the said after- wards, to wit, on the day of , in the same year, feloniously did carry into the said Northern District of Illi- nois, and there have in — h — possession, the said postage- stamps, so by — h — feloniously purloined, stolen, taken and carried away as aforesaid ; against, etc. 236 FORMS ADAPTED TO CRIMINAL OASES. No. 422 (4). at some place to the said grand jurors unknown, felo- [Sec. 1, Act Mar. 3, 1875.] niously did purloin, steal, take and carry away, and afterwards, to wit, on the day of , in the same year, feloniously did carry into the said Northern District of Illinois, and there have in — h — posses- sion, divers postage-stamps, (of the kinds authorized and pro- vided by the Post-OfRce Department of the said United States,) in the whole representing and amounting to a large sum of money, to wit, the sum of four thousand dollars, and of the value of four thousand dollars, of the goods and property of the said United States ; against, etc. ISTo. 423 (5). feloniously did conceal, have, and retain in — h — pos- [Sec. 2, Act Mar. 3^ 1875.J session, with intent to convert to — h — own use, divers, to wit, two hundred and fifty-five thousand, United-States postage-stamps, in the whole repre- senting and amounting to a large sum of money, to wit, the sum oifour thousand dollars, and of the value otfour thousand dollars, of the goods and property of the said United States, which postage-stamps last aforesaid had theretofore been felo- niously stolen, taken, carried away and purloined from the said United States by some other person or persons to the said grand jurors as yet unknown ; — h — the said then and there well knowing the same postage-stamps to have been so feloniously stolen, taken, carried away and purloined as afore- said ; against, etc. No. 424 (6). feloniously did conceal, have, and retain in — h — pos- [Sec. 2, Act Mar. 3, 1875.] session, with intent to convert to — h — own use, divers postage-stamps, (of the kinds author- ized and provided by the Post-Office Department of the said United States,) that is to say, one hundred and forty thousand postage-stamps, each of the denomination and value of one cent, and fifteen hundred postage-stamps, each of the denomi- nation and value of ten cents, of the goods and property of the said United States then and there being, all which postage- P08TAL CEIMEiS. 237 stamps' in this count mentioned had theretofore been feloni- ously stolen, taken, carried away and purloined from the said United States by one and some other person or per- sons to the said grand jurors as yet unknown; — h — the said then and there well knowing the same postage- stamps to have been feloniously stolen, taken, carried away and purloined from the said United States as aforesaid; against, etc. Complaint, on Sec. 5470, R. S., for receiving and concealing postage-stamps stolen from a post-offlce. No. 425. feloniouslj'^ did receive and conceal, and aid in receiving and concealing, a large number of United- [§ 5470, R. S.] States postage-stamps, that is to say, postage-stamps to the amount and value of about four thousand dollars, and of the denominations of one cent, two cents, four cents, five cents, ten cents, fifteen cents and thirty cents respectively, of the stamps and property of the said United States, which said postage-stamps had then lately before been feloniously stolen, taken and carried away from and out of a post-ofHce of the said United States, or other authorized depository for mail- matter; ^h — the said , at the time of so receiving and concealing the said postage-stamps, and aiding in receiving and concealing the same, well knowing the same to have been so feloniously stolen, taken and carried away as aforesaid ; contrary, etc. Indictment, on Sec. 5478, R. S., for breaking into a build- ing used in part as a post-office, with intent in that part to commit larceny; with a count on Sec. 5477, R. S., for stealing keys suited to locks on mail-bags. No. 426 (1). feloniously did forcibly break into a certain building then and there used in part as a post-office [§ 5478, R. S.] of the said United States, with intent then and there of — h — 238 FORMS ADAPTED TO CRIMINAL CASES. the said , in the part ' of the said building so used as a post-office of the said United States as aforesaid, to com- mit larceny ; against, etc. No. 427 (2). feloniously did steal and purloin three keys then suited [§ 5477, R. S.J to certain locks before that time and then adopted by the Post-Office Department of the said United States, and then in use on certain of the mails and bags thereof; against, etc. No. 428 (3). feloniously did forcibly break into a certain building [§ 5478, E. S.] then and there used in part as a post-office of the said United States, with intent of — h — the said the goods, chattels, property and moneys of one ' , in the part of same building, so used as a post- office as aforesaid, then being, then and there feloniously to steal, take and carry away ; against, etc. Indictment, on Sec. 5478, R. S., for breaking into a post- offlce with intent to steal property of the United States and other property therein. No. 429 (1). ■ feloniously did forcibly break into a post-office, to wit, [§ 5478, R. S.] the post-office of the said United States at aforesaid, with intent the moneys, postage-stamps, goods and chattels of the said United States, in the said post-offlce then being, then and there feloniously to steal, take and carry away; against, etc. No. 430 (2). at aforesaid, in the district aforesaid, a certain building there situate, and then used in part as a post-office of the said United States, feloniously did forcibly break into [§ 5478, R. S.] and enter, with intent the moneys, postage- iSee U. S. V. Campbell, 16 F. R. 333; U. S. v. Williams, 57 Id. 201. POSTAL CRIMES. 239 stamps, goods and chattels of the said United States, in the said building then being, and the moneys, goods and chattels of one -, in said building then being, then and there feloniously to steal, take and carry away ; against, etc. No. 431 (3). feloniously and forcibly did break into a certain post- office, to wit, the post-office of the said United States at aforesaid, with intent then and there, in the [§ 5478, R. S.] said post-office, the goods, chattels, moneys and property of the said United States, in the said post-office then being, and the goods, chattels, moneys and property of one , in the said post-office then being, feloniously to steal, take and carry away, and divers letters, in the said post-office then being, from the said post-office feloniously to steal and take ; against, etc. Indictment, on Sec. 5479, E, S., against two; one for forg- ing an affidavit and a bond fortlic purpose of defrauding the United States, and the other for procuring and aid- ing this to he done ; and against both for uttering and publishing the same affidavit and bond for a like pur- pose; with a count on Sec. 3451, R. S., against two; one for falsely executing documents required by in- ternal-revenue laws ; and the other for aidjng in and conniving at such acts. No. 432 (1). present, that M P , late of, etc., in, etc., on, etc., in the year, etc., at aforesaid, in the district afore- said, for the purpose of defrauding the said [§ 5479, R. S.J United States, feloniously did falsely make and forge a certain affidavit and writing,' of the tenor following, to wit — [set out the forged affidavit, say of surety on a cigar -manufacturet'' s hond;'] against, etc. : And that L C , late of the same city, on the day and year aforesaid, in the city and district aforesaid, for the like purpose of defrauding [§ 5479, R. S.] the said United States, feloniousl}' did cause and procure the - iNot double. See U. 8. v. Corbin, 11 F. R. 238; No. 6, note 16. 240 FOEMS ADAPTED TO CRIMINAL CASES. said affidavit and writing to be so falsely made and forged by the same M P , and willingly aid and assist him in so falsely making and forging the same ; against, etc. No. 433 (2). further present, that the said M P and L- C , on the said day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, for the purpose of defrauding the said United States,' [§ 6479, R. S.J feloniously did utter ^ and publish as true, and cause to be uttered and published as true, a certain false and forged affidavit and writing, of the tenor following, to wit, — [set out the same forged affidavit;'] they the said M P and L C then and there, to wit, at the time and place of so uttering and publishing as true, and causing to be ut- tered and published as true, the false and forged affidavit and writing last aforesaid, well knowing the same to be false and forged ; against, etc. {Draw like counts for forging, and uttering a forged, cigar- manufacturer'' s iond, calling it a " bond and writing") No. 434 (5). further present, that the said M P , on the said day of , in the year, etc., at, etc., in, etc., unlaw- fully did falsely and fraudulently execute and sign, under and [§ 3451, E. S.] by the false and assumed name of J M , a certain affidavit and a certain bond, the same then and there being respectively documents required by the pro- visions of the internal-revenue laws of the said United States, and by regulations duly made in pursuance thereof; which affidavit and bond last aforesaid are respectively of the tenor following, to wit, — [set out the affidavit and bond as informer counts;'] against, etc. : And that the said L C then and there, to wit, on the day and year aforesaid, within the city and district aforesaid, unlawfully did procure the affidavit [§ 3451, R. S.] and bond last aforesaid to be so falsely and fraudulently executed and signed by the said M P , 1 See No. 334, note 1 ; No. 336, note 1 ; No. 338, note 1. 2 See No. 231, note 8. POSTAL CRIMES. 241 and did advise, aid in and connive at such false and fraudulent execution and signing of the same by him the said M P as aforesaid ; against, etc. Indictment, on Sec. 5480, R. S., (1 Supp. E. S., 2d Ed., 694,) for using the mails in execution of a scheme to defraud by obtaining money of a person named to pay charges upon certain goods pretended to exist and to be consigned to that person. No. 435. had devised a scheme and artifice to defraud one M. E. Ackerraan, to be effected by opening correspondence and communication with her the said M. E. Ackerman, then resi- dent within the said United States, to wit, at Ackley, in the state of Iowa, by means of the Post-Office Establishment of the said United States, that is to say, a certain scheme and artifice to defraud the said M. E. Ackerman of her moneys by sending to her, through and by means of the said Post- Office Establishment, a letter, in the form of a notice, falsely and fraudulently representing and stating to the effect that George T. Morse, assignee of Boyd & Wilraer, would sell at public vendue, on Tuesday the second day of November, in^ the year aforesaid, at their warehouse on South Water Street, in Chicago aforesaid, one case of millinery-goods, consigned, to the said M. E. Ackerman, if certain charges and demands upon and against the saine, to the amount of three dollars and fifty cents, should not be paid on or before that day, and fraudulently directing the said M. E. Ackerraan to the effect that she should return the said letter, with the amount of money aforesaid, to George T. Morse, assignee: And the said , so having devised the said scheme and artifice, then and there, to wit, at the time and place first afore- said, in and for executing the same scheme and artifice, and attempting so to do, did place in the post-office of the said' United States at Chicago aforesaid, to be sent and deliv- ered by the said Post-Office Establishment, a certain letter,, in the form of a notice, containing in substance the false and fraudulent representation, statement and direction aforesaid, 16 242 POEMS ADAPTED TO CEIMINAL CASES. and addressed to the said M. E. Ackcrman, at Ackley afore- said ; whereas in truth and in fact there was not then and there, to wit, at the time of the placing of the said letter in the said post-oflBce as aforesaid, at Chicago aforesaid, any case of millinery-goods, consigned to the said M. E. Ackerman, in the hands or under the control of, or to be sold by, any per- son named George T. Morse, as he the said then and there well knew ; and whereas in fact it was not then and there true that any person named George T. Morse would sell at public vendue any case of millinery-goods consigned to the said M. E. Ackerman, in manner and form as by the said letter was pretended, as he the said then and there well knew. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , through and by the use and means of the Post-Office Establishment of the said United States, in manner and form aforesaid, unlawfully [§ 5480, R. S., as am.] did attempt to defraud the said M. E. Ackerman of her moneys ; against, etc. Indictment, on Sec. 5480, R. S., (1 Supp. R. S., 2d Ed., 694,) for mailing a letter in execution of a scheme to de- fraud by offering to hire agents for a fictitious detect^ ive association, and converting money obtained thereby ; and for taking and receiving letters from a post-office for the same purpose. No. 436 (1). present, that , late of the city of , in the said district, before and at the several times of the commit- ting of the several offenses hereinafter mentioned, at aforesaid, in the district aforesaid, had devised a scheme and artifice to defraud divers other persons, by offering to make those persons agents respectively, for profit and reward, of a pretended association or concern under the name of-the West- ern Detective and Collection Association, and by inducing them to send and pay their moneys respectively to the said for the purpose of becoming such agents and for badges and papers attesting such agency ; — h — the said thereby intending merely to obtain and get possession of such moneys POSTAL CRIMES. 243 as should be so sent and paid to — h — , and to convert the same to — h — own use, without rendering anything of value therefor, and to defraud thereof the several persons who should so send and pay the same; which said scheme and artifice was to be effected ' by opening correspondence and communica- tion, by means of the Post-Office Establishment of the said United States, with the several persons so intended to be de- frauded, and b}' inciting those persons respectively to open com - munication with — h — the said by means of the said Post-Office Establishment: And that the said , on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, so having de- vised the said scheme and artifice to defraud, in and for exe- cuting the same, and attempting so to do, unlawfully did place in the post-office of the said United States there, to be sent and delivered by the said Post-Office [§ 5480, R. S., as am.] Establishment, a letter and packet,^ to wit, a certain letter and packet directed to one' , at , ; against, etc. No. 437 (2). so having devised the said * scheme and artifice to de- fraud, in and for executing the same, and attempting so to do, unlawfully did take and receive from the post-office of the said United States there a letter [§ 6480, R. S., as am.] ' See U. S. V. Smith, 45 F. R. 561. 2 Not double. See 17. & o. Corbin, 11 F. R 238, (" writing and afiBdavit ") ; Na 6, note 16. ' As bearing upon the question whether the letter need be set out in the indictment, see Bates v. U. S., 10 F. R 92, and Na 453, note, page 200; and Nos. 287, note, and 303, note. * It is the coDstant practice in criminal pleading, in one count of an in- dictment to refer to matters in a previous count, and it has been decided that this is proper, and tliat where the first c-ount of an indictment is bad, a subsequent count may be sustained, even though it refer to the first count for some allegations, and without repeating them. The People v. Gfraves, 5 Parker Cr. a~134, citing Wharton Cr. L. 154, and 1 Ghitty Cr. L. 350. The case of State v. Longley, 10 led. 484, cited by Mr. Justice Field in U. S. V. Reichert, 32 F. R 142, is not thought to be in conflict with the above. It is suggested, however, that if time permits, the pleader should, to save all question, describe the scheme fully in each count See U. S. v. Jolly, 37 F. R 10& 244 FORMS ADAPTED TO CRIMINAL CASES. and packet, to wit, a certain letter and packet sent by mail from , , by one , and directed to the said , at aforesaid ; against, etc. No. 438 (3).i so having devised the said scheme and artifice to de- fraud, in and for executing the same, and attempting so to do, unlawfully did take and receive from the post-office of [§ 5480, R. S., as am.] the said United States there a letter and packet, to wit, a certain letter and packet sent by mail from , , and directed to the Western Detective and Collection Association, at aforesaid ; against, etc. Indictment, on Sec. 6480, R. S., (1 Supp. R. S., 2d Ed., 694,) for mailing a letter in execution of a scheme to defraud by obtaining postage-stamps on a pretense of a desire to buy such articles (for stamp-album,) and converting the same; and for taking letters from a post-offlce for the same purpose. No. 439 (1). ■ present, that W 0. Gt , late of the city of , in the said district, before and at the several times of the com- mitting of the several offenses hereinafter mentioned, at ■ aforesaid, in the district aforesaid, had devised a scheme and artifice to defraud divers other persons, by inducing those per- sons respectively to send to him divers postage-stamps, both domestic and foreign, canceled and uncanceled, (the same being articles of value,) under the pretense on his part that he would buy and pay for the same, but intending thereby to get possession of such postage-stamps as should be so sent to him the said W C. G , and fraudulently to convert the same to his own use, and to defraud thereof the several persons who should so send the same; which said scheme and artifice was to be effected by opening correspondence and communication, (under divers false and assumed names and 1 Under this section three separate offenses committed in the same sia months may be joined, but no more. In re Henry, 123 U. S. 378. See post page 361. POSTAL CBIMES. 245 designations,) by means of the Post-Offioe Establishment of the said United States, with the several persons so intended to be defrauded, and by inciting those persons to open com- munication with him the said W C. G by means of the said Post-Offlce Establishment. And the grand jurors aforesaid, upon their oath aforesaid, do further' present, that the said "W C. G , on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, so having devised the said scheme and artifice, in and for executing the same, and attempting so to do, unlawfully did place in the post- [§ 5480, E. S., as am.J office of the said United States there, to be sent and delivered by the said post-office establishment, a certain letter, to wit, a letter directed to E. B. Sterling, at Trenton, New-Jersey; against, etc. No. 440 (2). so having devised the said scheme and artifice to de- fraud, in and for executing the same, and attempting so to do, unlawfully did take and receive from [§ 5480, R. S., as am.] the post-office of the said United States there certain letters and packets, to wit, three''' letters and packets directed to 0. M. Crum {assumed name of defendant^ at aforesaid, and then latch' before sent by mail from Baltimore, Mary- land, by one William B. Wirt; against, etc. Indictment, on Sec. 5480, R. S., (1 Supp. R. S., 2d Ed., 694,) for mailing letters in execution of a scheme to defraud by obtaining and converting postage-stamps sent with replies to an advertisement of money to loan ; and for taking letters from a post-office for the same purpose. No. 441 (1). present, that G L. E , late of the city of Chi- cago, in the said district, before and at the several times of the » See No. 6, note 14. ^ It, is assumed that the taking of three letters out of the post-office at one time "consists of a single isolated act" {In re Henry, 123 U. 8. 873;) and that, therefore, one offense only is charged in this count See, also, U. 8. v. Patty, 3 F. R. C64, 636 ; V. S. v. Fero, 18 Id. 901 ; and post, page 361. 2i6 FORMS ADAPTED TO CRIMINAL OASES. committing of the several offenses hereinafter mentioned, at OMceigo aforesaid, in the district aforesaid, had devised a scheme aid artifice to defraud divers other persons, by caus- ing to be published (in and under the false and assumed name and designation of C M. W ) in divers public prints divers advertisements, to the effect following, that is to say, — MONEY TO LOAN. Money to loan on long or short time at a very low rate of interest AH kinds of security, real estate, personal, collateral, chattel mortgages, etc., accepted. Mortgages bought and sold on liberal terms. To inventors: Money advanced to develop or patent useful inventions and to introduce and sell them. Patents bought outright or sold on commission. Terms very liberal and facilities of the best. Enclose 6 cts. in stamps and address at once C M. W , Chicago, Illinois. — he the said G L. K , when so causing to be published the said advertisements, and committing the offenses herein- after mentioned, not expecting or intending to loan money, or to accept securities, or to buy or sell mortgages, or to ad- vance money to inventors, or to buy or sell patents, as in and by the said advertisements was pretended, but purposing thereby to induce divers persons to send respectively divers sums of six cents in postage-stamps to /lim the said G L. R , (by and under the false and assumed name and desig- nation aforesaid,) and intending to defraud those persons of such suras in postage-stamps as they should so send to A«?w/ which said scheme and artifice was one to be effected by open- ing correspondence and communication, by means of the Post-Offlce Establishment of the said United States, with the divers persons so intended to be defrauded, and by inciting those persons to open communication with Mm the said G L. R by means of the said Post-OflBce Establish- ment. And the grand jurors aforesaid, upon their oath afore- said, do further present, that the said G L. R , on the day of , in the year of our Lord eighteen hundred and , at Chicago aforesaid, in the district aforesaid, so having devised the said scheme and artifice, in and for execut- ing the same, and attempting so to do, unlawfully did place in the post-office of the said United States at Chicago afore- [§ 5480, R. S., as am.] said, to be sent and delivered by the said Post Office Establishment, divers letters and packets, to POSTAL CRIMES. 217 wit, twenty letters and packets, directed respectively to divers persons and addresses to the said grand jurors unknown; against, etc. No. 442 (2). so having devised the said scheme and artifice to de- fraud, in and for executing the same, and attempting so to do, unlawfully did take and receive from [§ 5480, R. S., as am.] the post-office of the said United States at Chicago aforesaid divers letters and packets, to wit, twenty letters and packets, directed respectively to C M. "W , at Chicago afore- said ; against, etc. No. 443 (3). so having devised the said scheme and artifice to de- fraud as aforesaid, in and for executing the same, and attempt- ing so to do, unlawfully did place in the post-office of the said United States at Chicago aforesaid, [§ 5480, R. S., as am.] to be sent and delivered by the said Post-Office Establishment, a certain letter, to wit, a letter directed to a certain newspaper- concern called the American Israelite, at Cincinnati, Ohio; against, etc. Indictment, on Sec. 5480, R. S., (1 Supp. R. S., 2d Ed., 694,) for using tlie mails in execution of a scheme to defraud by advertising to sell Waterbury watches while intend- ing to furnish toy watches. No. 444 (1). present, that , late of the city of , in the said district, before and at the several times of the committing of the several offenses hereinafter mentioned, at aforesaid, in the district aforesaid, had devised a scheme and artifice to defraud divers other persons, by causing to be published in divers public prints divers advertisements, to the efiPect fol- lowing, that is to say — \insert copy of advertisement] ; — h — the said thereby meaning and intending to cause it to be believed by the public that the article in the said ad- vertisements offered as the Waterbury timekeeper was a genu- 248 FOEMS ADAPTED TO CRIMINAL CASES. ine watch of the kind called the Waterbury watch, (which before and at the time of the devising of the said scheme and artifice was, and still is, a well-known and valuable article of trade and use, under the name of the Waterbury watch, in the several states of this Union,) and thereby to induce divers persons to send their moneys to — h — the said , (by and under the name and style of the Leisure Puhlishing Com- pany,) in accordance with the said advertisements; whereas in fact the article which the said intended to and would send, if indeed — h — intended to or would send any- thing, to the several persons who should so send their moneys to — h — the said , was not a genuine Waterbury watch, nor was a watch of any kind, but was a trifling and useless toy; which said scheme and artifice was to be effected by opening correspondence and communication, by means of the Post-OfKce Establishment of the said United States, with the divers persons so intended to be defrauded, and by incit- ing those persons to open communication with — h — the said by means of the said Post-Office Establishment. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said —, on the da}' of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, so having devised the said scheme and artifice, in and for executing the same, and. [§ 5480, R. S., as am.j attempting so to do, unlawfully, etc., \a,s above'] ; against, etc. No. 445 (2). so having devised the scheme and artifice aforesaid,* in and for executing the same, and attempting so to do, unlaw- fully did take and receive from the post-oflBce of the said [§ 5480, R. S., as ain.J United States at aforesaid divers letters and packets, to wit, twenty letters and packets, di- rected respectively to the Leisure Publishing Company, at aforesaid ; against, etc. 1 See No. 437, note 4. POSTAL CRIMES. 249 Indictment, on Sec. 5480, R. S., (1 Supp. R. S., Sd Ed., 694,) for using the mails in execution of a scheme to defraud by converting money sent by divers persons to defendant, as a grain commission-merchant, for invest- ment; vFith a count on Sec. 2 of the Act of Mar. 2, 1889, (1 Supp. R. S., 2d Ed., 695,) for taking a letter from a post-offlce, addressed to defendant by an as- sumed name, in conducting a like scheme. JSTo. 446 (1). pretending, under the style and name of W. T. S- & Company, to be carrying on the business of a grain com- mission-merchant there, had devised a scheme and artifice to induce and procure the sending and intrusting of moneys to him (under that style and name) by divers other persons for investment and employment thereof in trade and commerce for the use and benefit of the several persons who should so send and intrust such moneys, and the same moneys fraudu- lently to convert to the own use of him the said , and thereby to defraud the several persons who should so send and intrust the same; which said scheme and artifice was to be effected by opening correspondence and communi- cation with those persons by means of the Post-OfBce Estab- lishment of the said United States, and by inciting them to open communication with him the said by means of the said Post-OflBce Establishment : And that the said then and there, so having devised the said scheme and artifice to defraud, in and for executing the same, and at- tempting so to do, unlawfully, etc., [as in No. 436, or in No. 437] ; against, etc. [§ 5480, R. S., as am. J No. 447 (2). pretending to be W. T. S & Company, and as such to be carrying on the business of grain commission-merchants in that city, had devised a scheme and artifice to induce and procure the sending and intrusting of moneys to him by di- vers other persons, for investment and employment thereof by the pretended house of W. T. S & Cotnpany afore- said, as such commission-merchants, for the use and benefit 250 FORMS ADAPTED TO CRIMINAL OASES. of the several persons who should so send and intrust such moneys, and the same moneys fraudulently- to convert to the own use of him the said , and thereby to defraud the several persons who should so send and intrust the same ; [§ 5480, R. S., as am.J which" last-mentioned scheme and artifice to defraud was to be effected by, etc. ; against, etc. No. 448 (3). pretending; under the fictitious, false and assumed name of W. T. S & Company, to be carrying on the busi- ness of a grain commission-merchant there, had devised a scheme and artifice to induce and procure the sending and in- trusting of moneys to him (under that name) by one for investment and employment thereof in trade and com- merce for the use and benefit of the said , and the same moneys fraudulently to convert to the own use of him, the said G W. K , and thereby to defraud the said — — ; which last-mentioned scheme and artifice was one to be effected by opening correspondence and communication with the said by means of the Post-Office Estab- lishment of the said United States, and by inciting h — to open communication with him and the said G "W. E by means of the said Post-Office Establishment: And that the said G "W". R then and there, so having devised the scheme and artifice last aforesaid, in and for conducting, promoting, and carrying on the same scheme and artifice by means of the Post-Office Establishment of the said United States, unlawfully did take and receive from the post-office of the said United States there a certain letter and packet, to wit, a letter and packet then lately before sent by mail from High Hill, in the state of Missouri, by the same to the address of "W. T. S & Company, at aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said G W. R then and there, to wit, on the said day of , in the same year eighteen hundred and , at aforesaid, in the district aforesaid, in manner and form in this count aforesaid, in and for conducting, pro- moting and carrying on, by means of the Post-Office Estab- lishment of the said United States, a scheme and device men- POSTAL OEIMES. 251 tioned in the first section of an act of Congress entitled "An act to punish dealers and pretended dealers in counterfeit money and other fraudulent devices for using the United States mails," and approved the second day of March, in the year eighteen hundred and eighty-nine, unlawfully did take and receive from a post-office of the said United States a let- ter and packet addressed to him [Sec. 3, Act Mar. 2, 1889.] by a fictitious, false and assumed name, and name other than his own lawful and proper name; against, etc. Indictment,' on Sec. 5480, R. S., (1 Supp. R. S., 2d Ed., 694,) for using the mails in execution of a scheme to defraud by obtaining money for inrestment in grain, provisions and stoclis, and converting that money to other uses. No. 449 (1). pretending, under the style and firm-name of F & M , to be commission-merchants there, and to be man- agers of an association or fund, by them pretended to exist under the designation of F & M 's Mutual Co-opera- tive Fund W, for speculating and trading in grain, provis- ions and stocks, had devised a scheme and artifice to induce and procure the sending and intrusting of moneys to them by divers other persons, for investment and employment thereof for those persons respectively in such pretended association or fund, and the same moneys fraudulently to convert to the own use of them the said Frank L. L and John F— — , and thereby to defraud the several persons who should so send and intrust the same; which said scheme and artifice then and there was a scheme and artifice to be effected by opening correspondence and communication with those per- sons respectively by means of the Post-Office Establishment of the said United States, and by inciting those persons re- spectively to open communication with them the said Frank L. L and John F— (under the said style and firm-name of F & M ) by means of the said Post-Office Estab- lishment : And that the said Frank L. L and John F ISeeposi, No. 453, note; page 355, and U. S. v. Flemming, 18 F. B. 907. 262 FOEMS ADAPTED TO CRIMINAL CASES. then and there, so having devised the said scheme and artifice, in and for executing the same, and attempting so to do, un- lawfully did place in the post-office of the said United States [§ 5480, R. S.J as am.] at Chicago aforesaid [, to le sent and delivered hy tlis said post-office estaUishment^ ^ divers letters and packets, to wit, ten letters and ten packets, directed re- spectively to divers persons and addresses to the said grand jurors as yet unknown; against, etc. No. 450 (2). pretending, under the style and firm-name of F & M , to be commission-merchants and brokers there, and to be managers of an association or fund, called F & M 's Mutual Co-operative Fund W, for speculating and dealing in grain and other merchandise, had devised a scheme and arti- fice to induce and procure the sending and intrusting of moneys to them by divers other persons, for investment and employment thereof for those persons respectively in such pre- tended association or fund, and the same monej's fraudulently to convert to the own use of them the said Frank L. L and John F , and thereby to defraud the several persons who should so send and intrust the same; which last-men- tioned scheme and artifice then and there was a scheme and artifice to be effected by opening correspondence and com- munication with those persons respectively by means of the Post-Office Establishment of the said United States, and by inciting those persons respectively to open communication with them the said Frank L. L and John F (under the style and £rm-name aforesaid) by m^ans of the said Post- Oflice Establishment : And that the said Frank L. L and John F — — then and there, so having devised the scheme and artifice last aforesaid, in and for executing the same, and at- tempting so to do, unlawfully did take and receive from and [§ 5480, B. S., as am.] out of the post-office of the said United States at Chicago aforesaid divers letters and packets, to wit, ten letters and ten packets, each directed to F & M , at Chicago aforesaid ; against, etc. 2 This phrase will be found in the Act of Mar. 2, 1889, 1 Supp. R. S., 3d Ed., 694, amending Sec. 5480, R. S., and should not now be omitted in an indictment on that section. POSTAL CEIMES. 253 No. 451 (3).' having ' devised a scheme and artifice to defraud divers other persons of their moneys respectively, and to be effected by opening correspondence and communication (under the style and firm-name of F & M ), by means of the Post-Office Establishment of the said United States, with the several persons so intended to be defrauded, and by inciting those persons to open communication with them the said Frank L. L and John F (under the same style and firm-name) by means of the said Post-Ofiice Establishment, in and for executing the same scheme and artifice, and attempt- ing so to do, unlawfully did place a letter and packet in the post-office of the said United States [§ 5480, R. S., as am.] at Chicago aforesaid, to wit, a certain letter and packet di- rected to one Peter Eeineraan, at Eeedsville, in the state of "Wisconsin ; against, etc. Wo. 452 (7). had devised a scheme and artifice to defraud divers other persons, by inciting and inducing them to send and in- trust their moneys respectively to the said Frank L. L- and John F (under the style and firm-name of F & M ), for the purchase of shares for such other persons in a pretended association or fund, called F & M 's Mutual Co-operative Fund W, for speculating and dealing in grain and other merchandise, and by obtaining in this wise possession of the moneys which should be so sent and in- trusted, and by fraudulently converting such moneys to the own use of them the said Frank L. L and John F , and defrauding thereof the several persons who should so send and intrust the same; which scheme and artifice last aforesaid was to be effected by opening correspondence and 1 This count aad the 4th, 5th, 6th, 9th, and 10th counts of tliis indictment, all substantially alike, were not considered by the court sufficient to make out an offense under the statute ; the scheme not being therein described. On the pont that the scheme should be particularly described, see U. S, v. Hess, 134 U. S. 483. 2 Recital, and objectionable. U. S. v. Hoeflinger, 33 F. R 469. But see U. S, V. Bormmann, 86 Id. 357 ; U. S. v. Hess, supra. 25i FORMS ADAPTED TO OEIMINAL OASES. communication (under the style and firm-name aforesaid), by- means of the Post-Office Establishment of the said United States, with the several persons so intended to be defrauded, and by inciting them to open communication with the said Frank L. L and John F (under the same style and firm-name) by means of the said Post-Ofiice Establishment : And that the said Frank L. L and John F then and there, so having devised the scheme and artifice last aforesaid, in and for executing the same, and attempting so to do, un- lawfully did place in the post-office of the said United States [§ 5480, R. S., as am.] at Chicago aforesaid [, tohe sent and delivered hy the said post-office estoMishmerd,'] ' a certain letter and packet, directed to one Lydia Eemington, at North La Crosse, "Wisconsin,- against, etc. No. 453 (8). had devised a scheme and artifice to defraud one Lydia Eemington, by inciting and inducing her to become a shareholder and investor in a pretended association or fund, called F & M 's Mutual Co-operative Fund "W, for speculating and trading in grain, provisions and stocks, and to send and intrust her moneys, for becoming such share- holder and investor to them the said Frank L. L and John F (under the style and firm-name of F & M ), and by obtaining in this wise possession of the moneys which should be so sent and intrusted, and by fraud- ulently converting such moneys to the own use of them the said Frank L. L and John F , and defrauding the said Lydia Eemington of the same; which last-mentioned scheme and artifice then and there was a scheme and artifice to be effected by opening correspondence and communication (under the style and firm-name aforesaid), by means of the Post- OfBce Establishment of the said United States, with the said Lydia Eemington, and by inciting her to open communication with them the said Frank L. L and John F (under the same style and firm-name) by means of the said Post- Offlce Establishment : And that the said Frank L. L and John F then and there, so having devised the scheme and ' See Na 449, note 3. POSTAL OEIMES. 255 artifice last aforesaid, in and for executing the same, and at- tempting so to do, unlawfully did take and receive from the post-office of the said United States [§ 5480, R. S., as am. J at Chicago aforesaid a certain letter, then lately before sent by the said Lydia Kemington from North La Crosse, Wiscon- sin, to the address of F & M , at Chicago, aforesaid ; against, etc. NOTE. Judge Blodgett's charge to the jury in the case upon the foregoing indictment will be found in V. S. v. Flemming et al., 18 F. K. 907. The following opinion by Judge Blodgett, on overruling the motions for a new trial and in arrest, not published, and not in the record of the case as it went to the Circuit Court on error, indicates the points raised by counsel (the late W. C. Goudy and the late E. A. Storrs) and passed upon by the Circuit Court, Mr. Justice Harlan presiding, in affirming Judge Blodgett's decision ; and is full of suggestions as to the requisites of indictments on Sec. 5480, K. S. : (U. S. District Court, N. District of Illinois, January 3, 1884.) United States V. Loring and Flemming. Blodgett, District Judge. — In this case, upon the rendition of the verdict, motions for a new trial and in arrest of judgment were made by the defend- ants. These motions have been argued together, and the positions of coun- sel will be considered and disposed of as on one motion. The points made on the motion in arrest involve the sufficiency of the in- dictment, and will be first considered. These points are : 1. That Section 5480, under which this indictment is framed, is unconsti- tutional, on the ground that Congress has no power, under that clause of the constitution which authorizes it to " establish post-offices and post-roads," to pass the act ir> question ; that this section of the Revised Statutes and Sec- tion 3929 are to be construed together, and when so construed clothe the Postmaster General, who is a mere executive officer, with judicial powers, which powers can only be exercised by a properly constituted court or judicial officer. 3. That the first, second, seventh and eighth counts of the indictment, on which the defendants were found guilty by the jury, are insufficient, be- cause the scheme or artifice to defraud is not so particularly and fully described as is required by the rules of criminal pleading j and that the letters or packets alleged to have been placed in or taken or received from a post-office by the defendants are not set out in full, or so fully as to iden- 256 FORMS ADAPTED TO CRIMINAL CASES. tify them. It is further urged that the indictment should have charged how and in what manner the money was to be converted to the defendants' own use ; and that the indictment should have shown a scheme or artifice to defraud which was unlawful, either by statute or by common law. And also that the indictment is bad because it charges four different offenses, while the last clause of Section 5480 allo-.vs only three offenses to be joined in one indictment. As to the first point, questioning the constitutionality of Section 5480, the principle involved seems to me to be fully settled in Ex parte Jackson, 96 U. S. 727. While that was a case arising under a different section of the postal laws, — the one referring to the sending of matter concerning lot- teries through the mail, — the same reasoning which is there used applies, as it seems to me, with equal force to support the provisions of Section 5480. In that case the Supreme Court, speaking by Mr. Justice Field, said : '• The power vested in Congress to establish post-offices and post-roads has been construed, since the foundation of the government, to authorize not merely the designation of the roads over which the mail shall be carried, and the offices where letters and other documents shall be received, to be distributed or forwarded, but the carriage of the mail, and all measures necessary to secure its safe and speedy transit and the prompt delivery of its contents. The validity of legislation prescribing what shall be carried, and its weight and form, and the charges to which it shall be subjected, has never been questioned. . . . The power possessed by Congress em- braces the regulation of the entire postal system of the country. The right to designate what shall be carried necessarily involves the right to deter- mine what shall be excluded. . . . Whilst regulations excluding matter from the mail cannot be enforced in a way which would require or permit an examination into letters, or sealed packages subject to letter-postage, without warrant issued on oath or affirmation to search for prohibited mat- ter, they may be enforced upon competent evidence of their violation ob- tained in other ways, as from the parties receiving the letters or packages, or from agents depositing them in the post-office, or others cognizant of the fact ; and as to objectionable printed matter which is open to examina- tion, the regulations may be enforced in the same way, by the imposition of penalties for their violation, through the courts, and in some cases by the direct action of the officers of the postal service. . . . In excluding various articles from the mail, the object, of course, has not been to inter- fere with the freedom of the press, or with any other rights of the people, but to refuse its facilities for the distribution of matter deemed injurious to the public morals." Indeed it would seem too plain to require ai-gument, that the power of Congress to establish post-offices and post-roads not only involves the right to create and maintain onr postal system, but carries with it, as a necessary incident to that power, the right of Congress to determine what shall be carried or transported by means of such postal system ; and certainly that Congress has the right to enact that no matter shall be carried in the mail for the purpose of fiuthering a crime or fraud. The validity of Section 8929, which empowers the Postmaster General, on satisfactory evidence that any person is engaged in conducting a fraudulent POSTAL CEIMEa 257 lottery, gift-enterprise, or scheme for the distribution of money or real or personal property by lot, chance or drawing, or is conducting any other scheme or device for obtaining money through the mails by reason of false or fraudulent pretenses, to instruct the postmaster of any oflSce at which any registered letter arrives to return such registered letter to the postmas- ter of the office at which such letter was originally mailed, to be by the lat- ter postmaster returned to the sender thereof, is in no sense, that I can see, involved in this case. The two sections are not to be construed or en- forced together ; and if this Section 3929 is not within the constitutional power of Congress, or impinges upon any other provisions of the constitu- tion, so as to make it unconstitutional, and the Postmaster General has so acted under it as to injure these defendants or either of them, they have their remedy against him ; but the question of the lawfulness of his action cannot come into this cas& That is, if Section 3929 is void for want of con- stitutional authority in Congress to enact it, then the powers delegated to the Postmaster General by it are also void and inoperative, and would fur- nish no defense in a civil suit against him for his acts. But that presents a widely different question from the right to punish a person who uses the mails for purposes of fraud, which is the scope and intent of Section 5480. I now come to the second point urged, questioning the sufficiency of the counts of the indictment on which the verdict of the jury was rendered. The statute in question reads as follows : " If any person having devised or intending to devise, any scheme or artifice to defraud, or be effected by opening or intending to open correspondence or communication with any other person, whether resident within or outside of the United States, or by inciting such other person to open communication with the person so de- vising or intending, shall in and for executing such scheme or artifice, or attempting so to do, place any letter or packet in any post-office of the United States, or take or receive any therefrom, such person so misusing the Post-Offlce Establishment shall be punishable," etc. The first count charges that the defendants, " pretending, under the style and firm-name of Flemming & Merriam, to be commission-merchants there, and to be managers of an association or fund by them pretended to exist under the designation of Flemming & Merriam's Mutual Co-operative Fund W, for speculating and trading in grain, provisions and stocks, had devise(J a scheme and artifice to induce and procure the sending and in- trusting of moneys to them by divers other persons, for investment and em- ployment thereof for those persons respectively in such pretended association or fund, and the same moneys fraudulently to convert to the own use of them the said Frank L. Loring and John Flemming, and thereby to defraud the several persons who should so send and intrust the same ; which said scheme and artifice then and there was a scheme and artifice to be effected by opening correspondence and communication with those persons respect- ively by means of the Post-Offlce Establishment of the said United States, and by inciting those persons respectively to open communication with them the said Frank L. Loring and John Flemming (under the style and firm- name of Flemming & Merriam) by means of the said Post-Office Establish- ment : And that the said Frank L. Loring and John Flemming then and there, so having devised the said scheme and artifice, in and for executing 17 258 FOEMS ADAPTED TO CEIMINAL CASES. the same, and attempting so to do, unlawfully did place in the post-ofBce of the said United States at Chicago aforesaid divers letters and packets, to wit, ten letters and ten packets, directed respectively to divers persons and addresses to the said grand jurors as yet unknown ; against," etc. The remaining three counts set out the sf ' me or artifice to defraud in substantially the same terms, and only differ from the count just quoted by charging, in the second, that the defendants, for the purpose of execut- ing their scheme to defraud, "did take and receive from the post-oiBce of the said United States at Chicago aforesaid divers letters and packets, to wit, ten letters and ten packets, each directed to Flemming & Merriam, at Chicago aforesaid ; " while the seventh count charges that the defend- ants sent through the post-ofBce at Chicago, for the purpose of executing their scheme of fraud, a letter and packet directed to Lydia Eemington, at North La Crosse, Wisconsin ; and the eighth charges that the defendants took from the post-office at Chicago " a certain letter then lately before sent by the said- Lydia Eemington from North La Crosse, Wisconsin, to the ad- di-ess of Flemming & Merriam, at Chicago aforesaid." The object of an indictment is twofold, first, to inform the defendant of the offense with which he is charged, with such particularity as will enable him to prepare for his trial ; second, so to define and identify the ofllense that the defendant may, if convicted or acquitted, be able to defend himself, in case he be indicted again for the same offense, by pleading the record of such conviction or acquittal. Under this statute, the scheme or artifice to defraud, it seems to me, should be so fully stated as to enable the court to see, as a matter of law, that if consummated, a fraud would be perpetrated. The charge in this indict- ment is, that these defendants had devised a scheme or artifice to defraud, which they designated or called " Flemming & Merriam's Mutual Co-opera- tive Fund W, for speculating and trading in grain, provisions and stocks." The defendants, for a description of their offense, are referred by the indict- ment to the description or name which they themselves gave to their scheme, whatever it may be called, and are, it seems to me, fully informed of the transaction which will be called in question on the trial, by this description, which is the " Flemming & Merriam Fund W," as devised and managed by the defendants ; that is^charged to be the scheme or artifice to defraud, by inducing persons to send to them or intrust them with money for the pur- pose of investment in " Fund W," to be used for speculating, etc. ; and the purpose of the defendants fraudulently to convert to their own use the money so sent or intrusted to them, makes the fraudulent scheme or artifice set out in this count There can be no room for doubt that if this scheme is consummated, if persons are induced to send money to the defendants for investment in " Fund W," and if it was the purpose of the defendants to convert such money to their own use, either by not investing it in " Fund W," or by so investing it and then converting to their own use the whole fund, a fraud on the persons so sending such money would be accomplished. Suppose a man was indicted for stealing a horse which he called " Char- ley ; " that would seem to be a sufficient description by which to identify the horse, and inform the defendant what particular horse he was charged POSTAL CRIMES. 259 ■with stealing. Suppose, under this statute, the scheme or artifice cliarged to be that the defendants, pretending it was their purpose to buy horses, thereby sought to induce persons to send money to them for that purpose, but in fact intended fraudulently to convert such money to their own use ; there can be no doubt but that fraud, or a scheme to defraud, would be charged. The gist of this offense does not consist in the fraudulent scheme alone, but in using the Post-OflSce Establishment of the United States for the purpose of executing a fraud. It should therefore be made to appear with I'easonable and fair certaintj' what the fraud was, and that the Post- Office Establishment was to be used in the furtherance or accomplishment of such fraud ; and this, it seems to me, is all which the rules of good plead- ing require. As to the suggestion that the letters or packets alleged to have been placed in or taken from the post-office are not sufficiently described, the first count charges the defendants with placing in the post-office at Chicago ten letters and ten packets, addressed to persons to the grand jurors unknown ; and the second count charges the defendants with taking from the post-office at Chicago ten letters and ten packets, addressed to Flemming & Merriam. There is no proof that the grand jurors knew to whom, or by whom, these letters and packets were addressed, at the time when this indictment was found. It the defendants, for the purpose of preparing for trial, wished a fuller description of these letters, they could have obtained it by a bill of particulars, as the practice of this court for many years has been to require a bill of particulars to be furnished in ample time by the District Attorney, on application of the defendant, in order to enable him to prepare for trial ; and this practice seems to be sanctioned by well-considered authorities. In Wharton's Criminal Practice, Sec. 703, it is said : " Wherever the indictment is so general as to give the defendant inade- quate notice of the charge he is expected to meet, the court, on his applica- tion, will require the prosecution to furnish him with a bill of particulars of the evidence intended to be relied on. That indictments may be thus gen- eral, and yet in entire conformity with precedents, has been heretofore abundantly shown. It is allowable to indict a man as a common barrator, or as a common seller of intoxicating liquors, or as assaulting a person un- known, or as conspiring with persons unknown to cheat and defraud the prosecutor by divers false tokens and pretenses ; and in none of these cases is the allegation of time material ; so that the defendant is obliged to meet a charge of an offense apparently undesignated, committed at a time which is not designated at all. Hence has arisen the practice of requiring in such cases bills of particulars ; and the adoption of such bills. Instead of the eX' acting of increased particularity in indictments, is productive of several ad- vantages. It prevents much cumbrous special pleading, and consequent failures of justice, as no demurrer lies to bills of particulars ; and it gives the defendant, in plain, unartificial language, notice of the charge he is to meet." i Section 703: "As has already been seen, bills of particulars may be or- dered under the same general count in conspiracies, under indictments for [' See U. S. V. Bayaud, 16 F. R. 376. 260 FOKMS ADAPTED TO CEIMINAL CASES. being a common seller of liquors, and under indictments for embezzlement, and for being a common barrator, or a common scold. But it is proper, in order to justify the ordering by the court of such a bill, that the defendant should make an affidavit that he is, from the generality of the indictment, unable duly to prepare himself for his defense." Section 705 : "It is said that the allowance of bills of particulars is within the discretion of the presiding judge, and is not subject of error ; yet when- ever a bill of particulars is a substitute for special averments in an indict- ment, error should be entertained. The same right of exception allowed to the defendant in the one case should be allowed, unless there be a statutory impediment, in the other. The appellate court should have the power of determining whether there is enough filed against the defendant to put him on his trial." I do not think the pleader was obliged to set out these letters in full in the indictment, or give the substance of their contents, nor that it should ap- pear from the letters that they were a part of a fraudulent scheme. Letters or circulars la execution of a fraudulent scheme might appear on their face to be wholly innocent, and in all respects part of a legitimate transaction ; but if sent through the mails, for the purpose of effecting a fraudulent arti- fice, an offense under this statute is committed. The letters, for illustration, remitting dividends in this "Fund W," if sent — which is wholly a matter of proof — for the purpose of inducing the persons to whom sent to intrust the defendants with more money, or allow that already sent to remain, with the intent and ultimate purpose of the defendants to convert all or any of this money so obtained to their own use, would be as clearly within the in- hibition of this statute as a letter of an accomplice, fully disclosing the fraudulent methods of the scheme or artifice. It seems to me enough if the defendants are told by the indictment to whom they sent letters, and from whom they received letters, through the post-offlce. The first two counts do not state to whom the letters were sent, nor from whom they were I'eceived, but the grand jurors state to the court that they were sent to persons to the grand jurors unknown. If the defend- ants wished a particular description of the letters and packets which the prosecution would offer in' evidence under these two counts, they should have applied to the court for a bill of particulars, in apt time ; and, under the practice of the court, they would have been entitled to such a descrip- tion as would enable them to identify the letters, or know what letters they were to meet and explain, if necessary. It is further urged that this indictment does not state how the money was to be converted to the use of the defendants. It does not seem to me to be a necessary part of this indictment that the pleader should state how the money was to be converted It is sufficient if the defendants are charged with intending to convert to their own use the money which other persons should he induced to send to them. Wherever the defendants might con- ceal this money, however they might dispose of it, if they treated it as their own money, converted it to their own use, and intended to do so when they received it, the fraud on the persons sending the money was completely per- petrated. To require the prosecution to state minutely the details of con- verting or concealing this money would be to involve it in a maze of minute POSTAL CHIMES. 261 details which it probably could not prove. The prosecution is not bound to follow the money beyond its application to a purpose to which the person sending it did not intend it to be applied ; is not bound to follow the money through all the devious and artful ways by which those perpetrating the fraud intend to conceal it, so that it shall be beyond the reach of those to whom it actually belongs. Nor is it necessary that the scheme or artifice devised should be, in itself, unlawful. If the scheme was fraudulent, if the purpose was to get money from other persons, under pretense of investing it for such persons, and not so to invest it, but to apply it to the use of the defendants, the case is within the statuta The object of the law was to prevent persons having fraudu- lent designs on others from using the post-ofiSce as a means of effecting such fraud. It need not, in my opinion, be a fraud either at common law or by statute. It is enough if it was a scheme or purpose to defraud any persons of their money. Some of the states of this Union prohibit lotteries, and make it a crime to conduct a lottery ; others legalize lotteries, and give them their affirmative legislation and sanction, for the support of public enterprises, or for the purpose of private gain ; and yet all matter concerning lotteries, whether legal or illegal, is by law excluded from the mail. It is a misdemeanor to place such matter in the post-office ; and that has been held to be a constitutional law. As to the last objection, that the indictment in question charges the de- fendants with four offenses, when the last clause of the statute provides that the indictment, information or complaint may severally charge offenses to the number of three, when committed within the same six calendar months, — which, it is claimed, is a limitation upon the right to include more than three offenses in the same indictment, — I can only say that this clause is somewhat difficult of construction ; but I can only construe it to mean, and do so construe it, that three separate offenses, that is, three separate frauds, may be charged in the same indictment. The indictment in this case contains four counts, charging the defendants with mailing letters in consummation or execution of one fraud only. It seems to me that, under this statute, if these defendants, for illustration, had been indicted not only for using the post-office in the execution of the artifice or scheme known as " Fund W," but also other counts had been added, charging them with mis- use of the post-office in the execution of schemes known as "Fund H" and " Fund K," they could all have been joined in the same indictment ; which is a fair illustration of the construction which I gave, and the only one I can give, to that clause of this section.' I have now, I think, noticed all the points made against the indictment; and after a full and careful re-examination of these objections, I am con- tent to abide by the rulings made on the trial, in which I sustained these four counts. I am well aware that cases are to be found in the books wliicli, if followed, would seem to require me to hold this indictment substantially defective; but most of these cases, so far as I have been able to examine them, were decided by courts which held to a much more artificial and technical rule of pleading in criminal cases than the rule followed by the [' See case In re Henry, 133 U. S. 373, since decided.] 262 FORMS ADAPTED TO OEIMINAL CASES. federal courts, or upon statutes so widely difEering in their scope and pur- pose from the one in question as to afford but little, if any, light for the pur- poses of this case. This indictment seems to me to follow the rule laid down by Mr. Justice Harlan, in U. S. v. Simmons, 96 U. S. 363 : " When the offense is purely statutory, it is as a general rule sufficient in the indictment to charge the defendant with acts coming fully within the statutory description, in the substantial words of the statute, without any further extension of the mat- ter. . . . But to this general rule there is the qualification, fundamental in the law of criminal procedure, that the accused must be apprised by the indictment of the nature of the accusation against him, to the end that he may px-epare his defense, and plead the judgment as a bar to any subse- quent prosecution for the same offense." So in U. 8. V. Carll, 105 U. S. 613, it was said by Mr. Justice Gray, speak- ing for the court : " In an indictment upon a statute, it is not sufScient to set forth the offense in the words of the statute, unless those words of them- selves, fully and expressly, without any uncertainty or ambiguity, set forth all the elements necessary to constitute the offense intended to be punished." This indictment seems to me to inform the accused, with reasonable cer- tainty, of the nature of the accusation, so as to enable them to prepare their defense, and also seems to be so definite in its statements as to enable them, if acquitted or convicted, to plead the judgment on this verdict in bar of any future prosecution for this offense. As to the errors claimed to have been committed by the court on the trial, in the admission of improper testimony, especially that in regard to the dealings of these defendants with "Fund H" and "Fund K," and the por- tions of the charge which have been criticised, I need only say, that I do not find in those rulings or in the charge any such substantial error as seems to me to entitle these defendants to a new trial. The nature of the case was such that it seemed to require the allowing of a wide range of tes- timony ; and I endeavored by the charge distinctly and clearly to inform the jury that while other matters, not necessarily a part of the defendants' dealings with " Fund W," were admitted in evidence, yet they were only admitted for the purpose of showing the intent of the defendants; and this I think I was justified by the authorities in doing. Complaint^ on Sec. 5480, R. S., (1 Supp. R. S., Sd Ed., 694,) for using the mails in execution of a scheme to de- fraud. No. 454. had devised a certain scberae and artifice to defraud divers persons of their moneys, and to be effected by opening correspondence and communication with those persons by means of the Post-Office Establishment of the said United States, and by inciting those persons to open communication POSTAL OEIMES. 263 with — h — the said ; and that the said then and there, in and for executing the said scheme and arti- fice, and attempting so to do, un- [§ 6480, R. S., as ara.J lawfully did place in the post-office of the said United States at aforesaid, to be sent and delivered by the said Post- Office Establishment, divers letters and packets, and take and receive divers other letters and packets from the same post- office ; contrary, eto.^ Complaint, on Sec. 6480, R. S., (1 Supp. R. S., 2d Ed., 694,) for using the mails in execution of a scheme to defraud. No. 455. late of , in the district aforesaid, on or about the day of , A. D. , and at divers other times since that day, at aforesaid, in the district aforesaid, having devised a ' scheme and artifice to defraud divers persons of their moneys, and to be effected by opening correspondence and communication with those persons respectively by means of the Post-Office Establishment of the said United States, and by inciting those persons respectively to open communication with h — the said (otherwise called as aforesaid) by means of the said Post-Office Establishment, in and for ex- ecuting the said scheme and artifice, and attempting so to do, unlawfully did place divers letters [§ 5480, R. S., as am.] and packets in the post-office of the said United States at aforesaid, to be sent and delivered by the said post- office establishment, and amongst others a certain packet di- rected to -one at , in the state of ; and unlawfully did take and receive from the said post-office divers other letters and packets, directed to at afore- said; contrary, etc. Indictment, on See. 3996, R. S., for obstructing the mail. No. 456 (1). unlawfully did knowingly and wilfully obstruct and retard the passage of the mail of the said [§ 3996, R. S.] United States; against, etc. 1 See No. 451, note 1. " 264: FOEMS ADAPTED TO CRIMINAL CASES. No. 457 (2). unlawfully did knowingly and wilfully obstruct and [§ 3995, R. S.] retard the passage of a certain carriage, to wit, a certain railway-car, then and there carrying the mail of the said United States ; against, etc. Indictment, on Sec. 4046, R. S., against an assistant post- master for embezzling money-order funds; with a count on Sec. 4053, R. S., for neglecting to deposit postal revenues. No. 458 (1). being then and there an assistant postmaster of a money-order office, to wit, the post-office of the said United States at aforesaid, and as such assistant postmaster being then and there employed in the business and operations of the said money-order office, unlawfully and feloniously did [§ 4046, R. S.] convert to his own use, and thereby embez- zle, certain moneys amounting to the sum of , and of the value of , of the moneys and property of the said United States, and a portion of the money-order funds of the said United States, then and there being ; against, etc. JSTo. 459 (2). was an assistant postmaster in and for the post-office of the said United States at aforesaid, and employed in the business and operations of the said post-office, the same being then and there a money-order office ; and by virtue of his said office and emplo3'^raent, and while he was such assist- ant postmaster and so employed, the said then and there did have, receive, and take into his possession divers notes of the national-bank currency of the said United States, and divers United-States notes, treasury-notes, legal-tender notes and silver-certificates, of the paper currency emitted by the said United States, and divers gold coins, silver coins, copper-nickel coins and copper coins, of the coinage of the said United States, and divers foreign silver coins by law re- ceivable at the post-offices of the said United States, amount- POSTAL CEIMKS. 265 ing in the whole to a large sum of money, to wit, to the sum of , and of the value of ; the same being then and there the moneys and property of the said United States, and a portion of the money-order funds of the said United States ; the particular kinds, descriptions, numbers, amounts and val- ues of which said national-banli notes, United-States notes, treasury-notes, legal-tender notes, silver-certificates, gold coins, silver coins, copper-nickel coins, copper coins and foreign sil- ver coins respectively the grand jurors aforesaid have no means of knowing, and therefore cannot set forth in this in- dictment : And that the said the same national-bank notes, United-States notes,, treasury-notes, legal-tender notes, silver-certificates, gold coins, silver coins, copper-nickel coins, copper coins and foreign silver coins then and there unlaw- fully and feloniously did convert and appro- [§ 4046, R. S.J priate to his own use, and thereby embezzle; against, etc. ISTo. 460 (3). was employed in a branch of the postal service of the said United States, to wit, as an assistant postmaster in and for the post-office of the said United States at aforesaid, and had temporary custody of certain moneys, derived from divers sources, and then and there by law parts of the postal revenues of the said United States, that is to say, certain money derived from the sale of waste paper and other public property of the Post-Office Department of the said United States, certain other money derived from letter postage, cer- tain other money derived from book, newspaper and pamphlet postage, certain other money derived from registered letters, certain other money derived from box-rents, certain other money derived from postage-stamps and envelopes, and cer- tain other money derived from miscellaneous sources of postal revenue, (the precise amounts of money so derived from the several sources aforesaid respectively being to the said grand jurors unknown,) together amounting to a large sum of money, to wit, the sum of , and of the value of , and of the moneys and property'of the said United States then and there being: And that the said then and there, so being such assistant postmaster and emj)loyed as in this count afore- 266 FOEMS ADAPTED TO CRIMINAL CASES said, and so having temporary custody of the monej^s in this [§ 4053, K. S.] count mentioned, unlawfully and feloniously did willfully neglect to deposit the same in the Treasury of the said United States, or in any other depository then au- thorized to receive the same, and thereby the same moneys then and there unlawfully and feloniously did embezzle; against, etc. Indictment, on Sec. 4046, R. S., against a post-office clerk, for loaning money-order funds ; and against the person to whom they were loaned, for advising the loaning thereof. No. 461 (1). being then and there a clerk employed in the business and operations of a money-order office, to wit, the post-office of the said United States at aforesaid, unlawfully did loan to "W S. G , late of the city and district afore- said, and thereby did embezzle, a portion of the money-order [§ 4046, R. S.] funds of the said United States, to a large amount, to wit, to the amount of , and of the value of ; and that the said "W S. G then and there un- lawfully did advise and participate in the said unlawful loan- [§ 4046, R. S.] ing and embezzlement of the said portion of the said money-order funds by the said E A. M as aforesaid ; against, etc. No. 462 (2). was cashier cA the money-order division of the post- office of the said United States at aforesaid, the same being then and there a money-order office, and as such cashier was employed in the business and operations of the said money-order office ; and that the said E A. M then and there, while he was so employed, did have, receive and take into his possession divers notes, etc. [as in JVo. 4^9, to [§ 4046, R. S.] and including the word "emJessZe"]: And the grand jurors aforesaid, upon their oath aforesaid, do fur- ther 1 present, that the said W S. G , on the day last 1 See No. 6, note 14. POSTAL CRIMES. 267 aforesaid, in the city and district aforesaid, unlawfully did advise and participate in the said unlawful conversion and em- bezzlement of the last-mentioned portion of the said money- order funds by the said E A. M as [§ MiG, R. S.J aforesaid: Against, etc. No. 463 (3). being then and there a clerJi employed in and con- nected with the business and operations of a money-order office, to wit, the post-office of the said United States at aforesaid, unlawfully did loan to the said W ■ S. G , and thereby did embezzle, a certain other [§ 404:6, R. S.] portion of the money-order funds of the said United States, to a large amount, to wit, to the amount of , and of the value of ; and that the said W S. G then and there unlawfully did advise and participate in the said unlaw- ful loaning and embezzlement of the said [§ 4046, R. S.J last-mentioned portion of the said money-order funds by the said E A. M as aforesaid : Against, etc. Indictment, on Sec. 4053, R. S., for neglecting to deposit postal revenues; witli a count on Sec. 1, Act Mar. 3, 1875, (1 Supp. R. S., 2d Ed., 88,) for embezzling public moneys; and with a count on Sec. 5497, R. S., for using and thereby embezzling public money; and Mith a count on the amendment to Sec. 5497, R. S., (Act Feb. 3, 1879, 1 Supp. R. S., 2d Ed., 213,) against an as- sistant of a postmaster, for converting money received in office. No. 464 (1). then and there being a person employed in a branch of the postal service of the said United States, to wit, as a clerk [designated as weighing second-class mails'] in the post- office there, and having temporary custody of certain money derived from postages on mail-matter received for mailing at the said post-office, feloniously did willfully neglect to deposit the said money in the Treasury of the said [§ 4053, R. S.J United States, or in any other depository authorized to re- 268 FOEMS ADAPTED TO CRIMINAL CASES. ceive the same, and thereby the said money, amounting to a large sum, to wit, the sum of , and of that value, of the moneys and property of the said United States, then and there (to wit, in the city and district aforesaid,) feloniously did embezzle ; against, etc. No. 465 (2). further present, that the said , before and at the time of the committing of the offense hereinafter next men- tioned, at aforesaid, in the district aforesaid, was em- ployed as a clerh in the post office of the said United States there, and by virtue and under color of such his employment, and while he was so employed, there received and took into his possession certain money which then was by law part of the postal revenues of the said United States, that is to say, divers notes of the national-bank currency of the said United States, and divers United-States notes, treasury-notes, legal- tender notes and silver-certificates, of the paper currency emitted by the said United States, and divers gold coins, silver coins, copper-nickel coins and copper coins, of the coin- age of the said United States, (the particular kinds, descrip- tions, numbers, amounts and values of which said national- bank notes, United-States notes, treasury-notes, legal-tender notes, silver-certificates, gold coins, silver coins, copper-nickel coins and copper coins respectively the grand jurors afore- said have no means of knowing, and therefore cannot herein set forth,) in the whole amounting to a large sum of money, to wit, the sum of , and of the value of , of the moneys and property of the said United States then and there being: And that the said -= , on the day of , in the year of our Lord eighteen hundred and , within the city and district aforesaid, so then and there being em- ployed, and having received and taken into his possession the money in this count aforesaid, feloniously did willfully neglect [§ 4053, R. S.J to deposit the same money in the Treas- xxvj of the said United States, or in any other depository au- thorized to receive the same, and then and there (to wit, in the city and district aforesaid,) feloniously did purloin and embezzle the same money, and fraudulently convert the same to his own use; against, etc. POSTAL CRIMES. 209 No. 466 (3). feloniously did embezzle and purloin divers moneys, to a large amount and of great value, to wit, to the amount and of the value of , (the several [Sec. 1, Act of Mar. 3, 1875.] kinds, descriptions, denominations and values whereof the grand jurors aforesaid have no means of ascertaining, and there- fore cannot particularly herein set forth,) of the moneys and property of the said United States then and there being; against, etc. No. 467 (4). (not being then and there an authorized depositary of public moneys,) unlawfully did use, convert, appropriate and apply to and for his own personal and [§ 5497, K. S.J private purposes, (and not for any purpose prescribed by law,) certain public money of the said United States, to the amount and of the value of a large sum of money, to wit, the sum of , and thereby the same public money then and' there feloniously did embezzle ; against, etc. ' > No. 468 (5). being then and there an assistant of an officer of the said United States, to wit, a cleric and assistant (duly sworn and qualified) of the postmaster at aforesaid, feloniously did embezzle and wrongfully convert [§ 5497, R. S., as am.] to his (the said J T. S 's) own use certain money and property which then and there had come into his possession and under his control in the execution of his office and em- ployment as such clerk and assistant, and under color and claim of authority as such clerk and assistant, that is to say, divers United-States notes, treasury-notes, legal-tender notes, silver-certificates and national-bank notes, em-itted by and under authority of the said United States, and divers gold coins, silver coins, copper-nickel coins and copper coins, of the coinage of the said United States, (a more particular descrip- tion of which several notes and coins the grand jurors afore- said are unable to set forth,) together amounting to a large sum, to wit, the sum of , and of the value of , of the 270 BOEMS ADAPTED TO OEIMINAI, CASES. moneys and property of the said United States [or, of one ; or, of a certain corporation called ,] then and there being; against, etc. Indictment, on Sec. 4053, R. S., against a postmaster, for neglecting to deposit postal revenues ; with counts on Sec. 5488, E. S., for converting puMic money to his own use, heing a disbursing officer ; and with counts on Sec. 5490, R. S., for failing to teep safely public money, and depositing the same in an unauthorized bank, being custodian of such money. No. 469 (1). was postmaster of the said United States at afore- said, and had temporary custody of certain moneys of the said United States, derived from divers sources, and then and there by law parts of the postal revenues of the said United States, that is to sajj^, certain money derived from the sale of waste paper and other public property of the Post-Offlce De- partment of the said United States, certain other money de- rived from letter-postage, certain other money derived from book, newspaper and pamphlet postage, certain other money derived from registered letters, certain other money derived from box-rents and branch offices, certain other money de- rived from postage-stamps and envelopes, certain other money derived from money-order business, and certain other money derived from miscellaneous sources of postal revenue, (the pre- cise amounts of money so derived from the several sources aforesaid respectively bemg to the said grand jurors unknown,) amounting in the whole to a large sum of money, to wit, the sum of , and of the value of ; and that the said then and there, so having temporary custody of the moneys aforesaid, as such postmaster as aforesaid, unlawfully did willfully neglect to deposit the same in the Treasury of the said United States, or in any other depository then au- thorized to receive the same. And so the grand jurors afore- said, upon their oath aforesaid, do say, that the said then and there, so being such postmaster and having tempo- POSTAL CEIME8. 271 rary custody of the said moneys as aforesaid, in manner and form aforesaid, the said moneys unlawfully [§ 4053, R. S.] did embezzle ; against, eta No. 470 (2). was postmaster of the said United States at afore- said, and as such postmaster was then and there a disbursing oificer of the said United States ; and that the said • then and there unlawfully did convert to his own use, and thereby embezzle, certain other public money [§ 5488, R. S.] of the said United States, then and there intrusted to him as such postmaster as aforesaid, and amounting to a large sum of money, to wit, the sum of , and of the value of ; against, etc. No. 471 (3). was a disbursing officer of the said United States, to wit, postmaster of the said United States at aforesaid ; and that the said • then and there, while he was such disburs- ing officer, and by virtue of that office, did have, receive, and take into his possession divers other moneys, divers notes of the national-bank currency of the said United States, divers United-States notes, divers United-States legal-tender notes, divers United-States silver-certificates, and divers gold coins, silver coins, copper-nickel coins and copper coins, of the coin- age of the said United States, and divers foreign silver coins by law receivable at the post-offices of the said United States, amounting in the whole to a large sum of money, to wit, the sum of , and of the value of , — the same being then and there the moneys and property of the said United States, and public money intrusted to the said as such dis- bursing officer as aforesaid ; the particular kinds, descriptions, numbers, amounts and values of which said moneys, national- bank-currency notes, United-States notes, United-States legal- tender notes, United-States silver-certificates, gold coins, silver coins, copper-nickel coins, copper coins and foreign silver coins respectively the grand jurors aforesaid have no means of know- ing, and therefore cannot set forth in this indictment: And that the said • the same moneys, national-bank-cur- 272 rOEMS ADAPTED TO OEIMINAL CASES. rency notes, United-States notes, United-States legal-tender notes, United-States silver-certificates, gold coins, silver coins, copper-nickel coins, copper coins and foreign silver coins then [§ 5488, R. S.] and there unlawfully did convert to his own use, and embezzle ; against, etc. No. 472 (4). was an officer charged by the laws of the said United States with the safe-keeping of the public moneys of the said United States, to wit, postmaster of the said United States at aforesaid, and was as such postmaster then and there in- trusted with certain other public moneys of the said United States, to a large amount, to wit, to the amount of , and of the value of ; and that the said then and there unlawfully did fail safely to keep the public moneys last aforesaid, without loaning or using the same, or converting the same to his own use, or depositing the same in banks, or exchanging the same for other funds than as specially allowed by law, and the same public moneys then and there unlaw- [§ 5490, B. S.] fully did convert to his own use, and thereby embezzle: against, etc. No. 473 (5). being then and there postmaster of the said United States at aforesaid, and as such postmaster an officer charged by the laws of the said United States with the safe- keeping, transfer and disbursement of the public moneys of the said United States, was as such postmaster intrusted with certain other public moneys of the said United States, to a large amount, to wit, to the amount of , and of the value of ; and that the said then and there unlaw- fully did fail to keep safely the public moneys last aforesaid, without loaning or using the same, or converting the same to his own use, or depositing the same in banks, or exchanging the same for other funds than as specially allowed by law, and the same public moneys then and there unlawfully did deposit in a Certain bank there situate, called the Bank, of , the same not being then and there a place authorized by law for the deposit of the public moneys last aforesaid. POSTAL CRIMES. 273 And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , then and there, so being such postmaster and officer as in this count aforesaid, in manner and form in this count set forth, the [§ 6490, (5488,) R. S.] last-mentioned public moneys unlawfully did embezzle ; against, etc. Indictment/ on Sec. 3982, R. S., for establishing a private express for the conveyance of letters. No. 474. unlawfully did establish a certain private express, called A 's City Dispatch, for the conveyance of [§ 3983, B. S.J letters and packets,^ by regular trips and at stated periods, over certain post-routes then established by law, that is to say, over the several letter-carrier routes then established in the said city of for the collection and delivery of mail- matters ; against, etc. Indictment,' on Sec. 5 of the Act of Mar. 3, 1877, (1 Supp. B. S., 2d Ed., 136,) for using an official envelope for private mail-matter. No. 476. having then and there in h — possession a certain official envelope, bearing the words " Official Business," and also bearing an endorsement over those words, as follows, to wit, '•'■Treasury Department, U. S. Internal Revenue Service, Collector's Office, District, ," unlawfully did make use of the said official envelope to [Sec. 5, Act Mar. 3, 1877.J avoid the payment of postage on a private letter of h — the said ; against, etc. • As to indicting for penalties, see No. 115, note. '^Packets construed to mean first-class matter. Op. Asst Atty. Oeru S6 Aug., 1873. Postal Laws & Reg., 1879, p. S30. See, also, 1 Supp. B. S., 2d Ed., 245, Ch. 180, Par. 1. 1 See No. 474, note t 18 274 FOEMS ADAPTED TO OEIMINAL OASES. Indictment^ on Sec. 1 of the Act of June 17, 1878, (1 Supp. R. S., 2d Ed., 186,) against a postmaster, for making a false return to increase his compensation. No. 476. present, that , late of the county of -, in the said district, before and on the day of , in the year of our Lord eighteen hundred and , and thenceforth until and on the day of , in the same year, in the county and district aforesaid, was postmaster of the post-office of the said United States at , in the said county and dis- trict, the same during that period being a post-office of the fourth class : And that the said , so being such post- master as aforesaid, on the day of , in the year of our Lord eighteen hundred and , in the county and dis- trict aforesaid, for the purpose of fraudulently increasing his compensation as such postmaster under the act of the Con- gress of the said United States entitled "An act making ap- propriations for the service of the Post-Offlce Department for the fiscal year ending June thirtieth, eighteen hundred and seventy-nine, and for other purposes," approved the seven- teenth day of June, in the year of our Lord eighteen hundred [Sec. 1, Act June 17, 1878.J and seventy-eight, did make a certain false return to the Auditor of the Treasury for the Post-Office Department of the said 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 post-office, and of postage-due stamps canceled in pay- ment of undercharges and unpaid postages upon matter de- livered at the said post-office, during the quarter ending the day of , in the said j-ear eighteen hundred and ; by which said return that 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- POSTAL CRIMES. 275 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 of money, but was a dififerent and much smaller sum, as he the said , at the time of making the said return as aforesaid, there well knew : Against, etc. CRIMES RELATING TO MERCHANT SEAMEN. Indictment^ on Sec. 4596, B. S., against a merchant sea- man, for deserting from his Tcssel. No. 477. being then and there a seaman who before that time had been, and then still was, lawfully engaged as such on board of a certain American vessel, to wit, a certain schooner called the (the same then belonging to and , citizens of the said United States,) unlawfully did [§ 4596, R. S.] desert from the said vessel; against, etc. Indictment, on Sec. 4596, B. S., against a merchant sea- man, for disobeying a command of the master and for assaulting the master. No. 478 (1). on the high seas, out of the jurisdiction of any partic- ular state or judicial district of this Union, on waters within the admiralty and maritime jurisdiction of the said United States, to wit, on , and within the jurisdiction of this court, on board of a certain merchant-vessel of the said United States, whereof one E M. F was then and there master, to wit, a certain American schooner called the , was a seaman who theretofore had been, and still was, law- fully engaged as such on board of the said vessel: And that the said ■ then and there, so being such seaman law- fully engaged as aforesaid, on board of the said vessel, unlaw- [§ 4596, B. S.] fully did willfully disobey a lawful command of the said E M. F , so then and there being such master thereof as aforesaid, that is to say, a certain lawful command of the said E M. F , to him the said CEIMKS EELATING TO MEECHANT SEAMEN. 277 , to ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said District of is the district in which the said was found,' and first apprehended for the said offense. No. 479 (2). on , out of the jurisdiction of any particular state or district of this Union, on waters within the admiralty and maritime jurisdiction of the said United States, on board of a certain American vessel, to wit, a certain called the , (the same then and there belonging to A B and C D , [or, certain persons, whose names are to the said grand jurors as yet unknown,] then citizens of the said United States,) was a seaman who theretofore had been, and still was, lawfully engaged as such on board of the same ves- sel: And that the said then and there, so being such seaman lawfully engaged as aforesaid, on board of the same vessel, with force and arms, in and upon one E M. F , then and there being master of the same vessel, un- lawfully did make an assault, and him the [§ 4596, R. S.] said E M. F then and there did beat, wound and ill- treat, and other wrongs to him then and there did ; against the peace and dignity of the said United States, and contrary to the form of the statute of the same in such case made and provided. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said District of , in the Circuit, is the district in which the said was found,' and first apprehended for the offense last aforesaid. 1 See No. 223 (8), note 1. 278 FOEMS ADAPTED TO CRIMINAL CASES. Complaint, on Sec. 4596, E.S.,1t)y master of merchant-yes- sel, against one of the crew, for combining with others to disohey commands, and for assaulting the master. No. 480. makes oath and says that , on or about the day of , A. D. 189-, on the high seas,' on waters within the admiralty and maritime jurisdiction of the United States of America, and out of the jurisdiction of any particular state thereof, being then and there a seaman lawfully engaged on board of a certain American vessel, and one of the crew thereof, to wit, the schooner , unlawfully did combine with others [§ 4596, R.S.J of the said crew to disobey lawful commands of this aflBant, then master of the said vessel; and also then [§ 4596, R. S.] and there unlawfully did assault, beat and wound this affiant, so then and there being master of the said vessel as aforesaid : contrary, etc. 1 See No. 231 (3), note 2. CRIMES UNDER CUSTOMS LAWS. Indictment^ on Sec. 3082, R. S., for receiving and selling merchandise imported contrary to law ; with a count on Sec. 2865; B. S., for smuggling the same. No. 481 (1). unlawfully did receive, conceal, sell, and facilitate the transportation, concealment and sale of, cer- [§ 3082, R. S.J tain merchandise, to wit, , then lately before imported into the said United States, and upon such importation sub- ject to the payment of duties to the said United States, and fraudulently imported as aforesaid contrary to law, that is to say, without payment of the duties aforesaid ; * — h — the said , at the time of so receiving, concealing and selling the said merchandise, and facilitating the transportation, con- cealment and sale thereof, there well knowing the same to have been imported contrary to law : against, etc. No. 482 (2). certain merchandise, to wit, , the same then and there being merchandise subject to duty by law, and which should have been invoiced, unlawfully did knowingly and will- fully smuggle and clandestinely introduce [§ 2865, R. S.] into the said United States, without paying or accounting for the duty to which the same merchandise was so then and there subject as aforesaid, with intent to defraud the revenue of the said United States ; against, etc. 1 The indictment ought to state wherein the importation was illegal. U, S. V. Kee Ho et aL, 83 F. R 88a 280 FOEMS ADAPTED TO CRIMINAL CASES. Indictment J on Sec. 3082, R. S., for receiTing, buying, sell- ing, and facilitating the transportation and sale of merchandise imported contrary to law. No. 483 (1). unlawfully did receive, buy, sell, and facilitate the [§ 3082, R. S.] transportation and sale of, certain merchan- dise, to wit, six horses and four mares, then lately before im- ported into the said United States, and upon such importation subject to the payment of duties to the said United States, and fraudulently imported as aforesaid contrary to law, that is to say, without payment of the duties aforesaid; — h — the said , at the time of so receiving, buying and selling the said merchandise, and facilitating the transportation and sale thereof, there well knowing the same to have been im- ported contrary to law : against, etc. No. 484 (2). further present, that heretofore, to wit, on the day of , in the year of our Lord eighteen hundred and , certain other goods and merchandise, that is to say, four other mares, then brought from • into the said United States, at , in the state of , and subject to the pay- ment of duties to the said United States, were fraudulently invoiced and entered at, and passed through, the custom-house of the said United States there, without payment of such duties, as animals specially imported for breeding purposes, and therefore free of duties; whereas in truth and in fact the last-mentioned mares, when so brought in, invoiced, entered and passed as aforesaid, were not animals specially imported for breeding purposes, and were subject to the payment ef duties to the said United States; by which means, then and there, payment of the said duties on the last-mentioned goods and merchandise was fraudulently evaded, and the same goods and merchandise were fraudulently imported into the said United States contrary to law.* And the grand jurors afore- 1 Inasmuch as invoices are required to be made out in the country from whence the merchandise is imported, a fraudulent invoicing does not " occur after the importation is accomplished " ordinarily, as stated in JJ. S. V. Kee Ho et al, 33 F. R. 333. CRIMES UNDER CUSTOMS LAWS. 281 said, upon their oath aforesaid, do further^ present, that the said , after the importation of the last-mentioned goods and merchandise as aforesaid, to wit, on the day of , in the same year eighteen hundred and , at aforesaid, in the district aforesaid, well knowing the same to have been imported contrary to law, unlawfully did receive, buy and sell the same goods and merchandise, [§ 3083, R. S.] and facilitate the transportation and sale thereof; against, etc. No. 485 (3). further present, that heretofore, to wit, on the day of , in the year of our Lord eighteen hundred and , certain other goods and merchandise, that is to say, six other horses, then brought from into the said United States, at , in the state of , and subject to the payment of duty ad valorem to the said United States, were fraudulently invoiced and entered at, and passed through, the custom-house of the said United States there, as being then and there to- gether of the dutiable value of dollars; whereas in truth and in fact the dutiable value of the last-mentioned horses together, when so brought in, invoiced, entered and passed as aforesaid, was not dollars, but was a different and much greater sum of money; by which means, then and there, pay- ment of a part of the duty then legally payable as aforesaid on the last-mentioned goods and merchandise was fraudulently evaded, and the same goods and merchandise were fraudulently imported into the said United States contrary to law. And the grand jurors aforesaid, upon their oath aforesaid, do fur- ther present, that the said ■, after the importation of the last-mentioned goods and merchandise as aforesaid, to wit, on the day of , in the same year eighteen hundred and , at aforesaid, in the district aforesaid, well know- ing the same to have been imported contrary to law, unlaw- fully did receive, buy and sell the same goods and merchandise, and facilitate the transporation and sale [§ 3083, R. S.j thereof; against, etc. 2 See No. 6, note 14. 282 FOEMS ADAPTED TO CEIMINAL CASES. Indictment, on Sec. 3105, K. S., for treating seals and wires on a consular sealed car. No. 486 (1). being then and there unauthorized persons, unlawfully [§ 3105, R. S.] did willfully break, cut, pick, open and re- move certain wires, seals and leads then and there attached to a certain railway-car; the same then and there being wires, seals and leads attached to the said car under and by virtue of Title XXXIY. of the Eevised Statutes of the said United States, and under and by virtue of regulations authorized by that title and before that time duly made in that behalf by the Secretary of the Treasury of the said United States: Against, etc. No. 487 (2). being then and there unauthorized persons, unlawfully [§ 3105, R. S.] did willfully break, cut, pick, open and re- move a certain consular seal, lead and wire then and there attached to a certain railway-car; the same then and there being a consular seal, lead and wire attached to the last-men- tioned car under and by virtue of Title XXXIV. of the Re- vised Statutes of the said United States, and certain regula- tions authorized by that title and before that time duly made by the Secretary of the Treasury of the said United States : Against, etc. CRIMES UNDER INTERNAL-REVENUE LAWS. Indictment, on Sec. 3169, E. S., against a ganger, for per- mitting owners of a distillery to remove spirits on which tax had not been paid, to a place other than the distil- lery-warehouse. 'No. 488. was a gauger in and for the Collection-District of the said state of , duly appointed and acting under the internal-revenue law of the said United States, and duly as- signed for duty as ^uch gauger, by the collector of internal revenue of the said United States for the said collection-dis- trict, at the distillery of B. D and G T. B ,. there situate ; and that the said then and there, so^ being such gauger, and assigned and acting as such at the said distillery, as aforesaid, unlawfully and de- [§ 3169, R» S.] signedly did permit the said B. D and G T. B to remove from the said distillery a large quantity, to- wit, gallons, of distilled spirits theretofore produced at the said distillery, and then subject to tax under the said inter- nal-revenue law, to a place other than the distillery-warehouse provided by law for the said spirits, without the said tax on the said spirits being paid ; the place to which the said spirits were so removed being to the grand jurors aforesaid un- known ; against, etc 284 FOEMS ADAPTED TO CRIMINAL OASES. Indictment, on Sec. 3169, B,. S., against internal-rcTcnue storekeeper, for permitting others to remove spirits from a distillery without payment of the tax ; and for conspiring and colluding with others to defraud the United States of internal-reyenue tax in divers ways. No. 489 (1). was an internal-revenue storekeeper in and for the Collection-District of , duly appointed under the au- thority of the internal-revenue law of the said United States, and assigned for duty and acting as such storekeeper, under the authority aforesaid, at the distillery of one C H. C , situate at aforesaid ; and that the said then and there unlawfully and designedly did p'5rmit the said C H. C ; to remove from the said distillery a large [§ 3169, R. S.] quantity, to wit, proof-gallons, of dis- tilled spirits, produced at the said distillery, and on which the internal-revenue tax imposed by law had not then been paid, to some place to the said grand jurors unknown, other than the distillery-warehouse provided by law; against, etc. No. 490 (2). was an internal-revenue storekeeper in and for the Internal-Eevenue Collection-District of the state of - duly appointed under the authority of the internal-revenue law of the said United States, and assigned for duty and act- ing as such storekeeper, under the authority aforesaid, at the said distillery of the said C H. C , situate at [§ 3169, B. S.] aforesaid ; and that the said did then and there unlawfully and negligently permit the said C H. C to unlawfully remove a large quantity, to wit, proof-gallons, of distilled spirits, subject to tax under the provisions of the internal-revenue law aforesaid, without the payment of such tax, from the distillery aforesaid, where the said spirits were produced, to some place to the said grand jurors unknown, other than the distillery-warehouse provided by law; against, etc. CRIMES UNDEK INTEENAL-EEVENUE LAWS. 285 No. 491 (3). was an internal-revenue storekeeper in and for the Internal-Eevenue Collection-District of the state of - duly appointed and acting under the authority of the internal- revenue law of the said United States ; and the said , being such storekeeper as aforesaid, did then and there con- spire and collude with the said C H. [§ 3169, K. S.J C , and divers other persons to the said grand jurors un- known, to unlawfully remove a large quantity, to wit, proof-gallons, of distilled spirits, subject to tax under the pro- visions of the internal-revenue law of the said United States, without the said tax thereon being paid, from the distillery of the said C H. C , at aforesaid, in the District of aforesaid, where the said spirits were pro- duced, to a place other than the distillery-warehouse provided by law for the said spirits, to wit, to a place to the grand jurors aforesaid unknown, and thereby to defraud the said United States of the said tax on the same spirits : against, etc. No. 492 (4). was an internal-revenue storekeeper in and for the Internal-Eevenue Collection-District of the state of , duly appointed and acting under the authority of the internal- revenue law of the said United States; and that the said , being such storekeeper as aforesaid, did then and there conspire and collude with one H M. C , and di- vers other persons to the grand jurors aforesaid unknown, to unlawfully put upon the market a large [§ 3169, R. S.] quantity, to wit, proof-gallons, of distilled spirits, sub- ject to tax under the provisions of the internal-revenue law of the said United States, without the said tax thereon being paid, from the distillery of the said C H. C , at aforesaid, in the Northern District of aforesaid, where the said spirits were produced, and thereby to defraud the said United States of the said tax on the said spirits : against, etc. 286 FOEMS ADAPTED. TO CKIMINAL CASES. No. 493 (5). was an internal-revenue storekeeper in and for the Internal-Revenue Collection-District of the state of duly appointed and acting under the authority of the inter-. nal-re venue law of the said United States ; and the said , being such storekeeper as aforesaid, did then and there [§ 3169, K. S.] conspire and collude with the said H. and H M. , and divers other persons to the grand jurors aforesaid unknown, to defraud the said United, States of the internal-revenue tax then payable by law upon a certain large quantity, to wit, proof -gallons, of dis- tilled spirits, produced in the said collection-district, and sub- ject to the tax aforesaid, and upon which said spirits the said tax had not been paid ; against, etc. Indictment, on Sec. 3177, R. S., for obstructing an internal- revenue officer in the performance of liis duty; with a count on Sec. 5447, R. S., for assaulting an officer au- thorized to make searches and seizures, while in the execution of his duty. No. 494 (1). unlawfully did forcibly obstruct and hinder one J [§ 3177, R. S.] S. P , then and there being a deputy col- lector of internal revenue for the Internal-Eevenue Col- lection-District of , in the execution of a power and au- thority in him then and there vested by law, that is to say, while the said J S. P , in the performance of his duty as such deputy collector, was then and there necessarily visit- ing, in the day-time, a certain building where an object liable to internal-revenue tax was then kept, to wit, where the busi- ness of a retail liquor-dealer and the business of a dealer in manufactured tobacco were then carried on ; he the said then and there well knowing' the said J S. P to be such deputy collector, and engaged in the performance of his duty, as aforesaid : Against, etc. > Scienter must be alleged. V. S. v. Taylor, 57 F. R. 391. See, also, Nos. 9, 177, 264, and 285, note 1. CEIMES UNDER INTEKNAL-KEVENUE LAWS. 287 ISTo. 495 (2). unlawfully did forcibly assault, oppose, prevent, im- pede and interfere with the said J S. P , then and there being a deputy collector of internal [§ 64:47, R. S.J revenue for the Internal-Kevenue Collection-District of , in the execution of his duty as such officer, that is to say, while the said J S. F , so then and there being such deputy collector, and as such by law authorized to make searches and seizures, was then and there in the execution of his duty in searching for persons and objects liable to tax un- der the internal-revenue laws of the said United States; he the said then and there well knowing the said J S. P to be such deputy collector, and engaged in the per- formance of his duty, as in this count aforesaid : Against, etc. Complaint/ on Sec. 3177, E. S., against owner of a saloon, for refusing to suffer an internal-revenue officer to ex- amine his place of business. No. 496. says, that , of the same city and district, on the day of , in the year 189-, in the city and dis- trict aforesaid, and within the Internal-Revenue Collec- tion-District of , did carry on the business of a retail liquor-dealer, and the business of a dealer in manufactured tobacco, at his certain place of business, there situate, wherein certain objects subject to internal-revenue tax, to wit, dis- tilled spirits, wines, fermented liquors, manufactured tobacco and cigars, were then kept ; and that tlvis affiant, being then and there a deputy collector of internal revenue for the said collection-district, did then and there, in the day-time, enter the said place of business of the said , for the pur- pose of examining the said objects, in pursuance of this affi- ant's duty as such deputy collector, it being then and there necessary that this affiant should so enter the said place of business for that purpose ; and that the said ■, being ' As to prosecuting for penalties, see No. 115, note. 288 rOEMS ADAPTED TO OEIMINAL CASES. then and there the owner of the said place of business, then and there unlawfully did refuse to sufifer this affiant to ex- [§ 3177, R. S.] amine the said objects so kept therein and subject to tax as aforesaid. Indictment, on Sec. 3179, R. S., for making false return for special tax, to Collector of Internal Revenue ; with a count on Sec. 16, Act of Feb. 8, 1875, (1 Supp. R. S., 2d Ed., 60,) amending Sec. 3243, R. S., for carrying on the business of a retail liquor-dealer without paying the special tax. ]Sro. 497 (1). present, that A C , late of the of , in the said district, before and on the day of , in the year of our Lord eighteen hundred and , at afore- said, in the district aforesaid, and the Internal-Eevenue Collection-District of , was engaged in the business of a retail liquor-dealer, and was liable to the special tax imposed by the internal-revenue law of the said United States upon retail liquor-dealers, whereby it then and there became and was his duty to mak& a return as sach retail liquor-dealer, called a return for special tax, pursuant to the requirements of the said internal-revenue law in that behalf: And on that occasion the said A C , on the day last aforesaid, at aforesaid, in the districts aforesaid, so being liable to such special tax, and required to make such return, as afore- said, with intent to defeat and evade the valuation and assess- ment intended to be made in that behalf, unlawfully did deliver and disclose to the Collector of Internal Eevenue of the said United States for the collection-district aforesaid a certain false and fraudulent return in writing, wherein it was in substance declared and alleged that he the said A C had done no business before the day of , in the same year eighteen hundred and , and since the day of then last past, for which he would be liable to pay a special tax, without having paid the same ; which said false and fraudulent return was and is to the effect following, to wit : [set out t/te return] : "Whereas in truth and in fact the CEIMES UNDEE INTEENAL-EEVEN0E LAWS. 289 said A C had done business before the said day of , in the year of our Lord eighteen hundred and , and since the day of then last past, for which he would be liable to pay a special tax, without having paid the same, that is to say, that he the said A C , on divers days within that period, to wit, on the day of ■ , in the year of our Lord eighteen hundred and , and on the day of , in the year of our Lord eighteen hundred and , and at divers other times within the period afore- said, at aforesaid, in the districts aforesaid, had carrie.l on the business of a retail-liquor dealer, without having paid the special tax therefor as required by law. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said A C , in manner and form and with intent as aforesaid, did deliver and disclose to tne said [§ 3179, R. S.] Collector of Internal Kevenue a false and fraudulent return ; against, etc. ISTo. 498 (2). unlawfully did carry on the business of a retail liquor- dealer, without having paid the [§ 3243, E. S., as am.J special tax therefor as required by law ; against, etc. IndictmenV on Sec. 3239, R. S., against retail liqnor- dealer, for neglecting to keep his tax-stamp conspicu- ously in his place of business. No. 499 (1). ■ being then and there engaged in a business whereby he was then and there made liable to a special tax under the in- ternal-revenue laws of the said United States, to wit, the busi- ness of a retail liquor-dealer, at his certain place of business there situate, unlawfully did willfully neglect and refuse to place and keep conspicuously in h%s place of [§ 3239, R. S.] business the proper stamp denoting the payment of the said special tax; against, etc. 1 As to indicting for penalties, see No. 115, note. 19 290 FOEMS ADAPTED TO CRIMINAL CASES. No. 500 (2). then and there being a person engaged in the business of a retail liquor-dealer, and thereby made liable to a special tax under the internal-revenue laws of the said United States, [§ 3239, R. S.J unlawfully did through negligence fail to place and keep conspicuously in his establishment as such dealer the stamp denoting the payment of the same special tax; against, etc. Indictment, on Sec. 3243, R. S., as amended by Sec. 16, Act Feb. 8, 1875, (1 Supp. R. S., 2d Ed., 60,) for carry, ing on the business of a rectifier without having paid the special tax. JSTo. 501. unlawfully did carry on the business of a rectifier of [§ 3242, R. S., as am.] distilled spirits, without having paid the special tax therefor as required by law ; against, etc. Indictment, on Sec. 16, Act Feb. 8, 1875, (1 Supp. R. S., 2d Ed., 60,) for carrying on the business of a distiller without having given bond, and with intent to defraud the United States of the tax on spirits distilled ; with counts on Sec. 3282, R. S., for fermenting a mash in a building not a distillery, and for distilling spirits without being authorized distillers; with counts on Sec. 3258, R. S., for having a still set up and not registered ; and with a count on Sec. 3266, R. S., for using a still, for distilling, in a dwelling-house. No. 502 (1). present, that J T , J McN and D- F. D , late of the city of , in the said district, on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, unlaw- [§ 3242, R. S., as am .J fully did carry on the business of a distiller^ without having given bond as required by law; against, etc. 1 Sec. 3347, E. S., provides who shall be regarded as a distiller. CEIMES UNDEE INTEENAL-EEVENtJE LAWS. 291 No. 503 (2). unlawfully did engage in and carry on the business of a distiller, and did then and there [§ 3243, R. S., as am.] make and distill a large quantity, to wit, proof-gallons, of spirits, then and there subject to the tax imposed by the internal-revenue law of the said United States, with intent to defraud the said United States of the tax on the said spirits so distilled by them the said J T , J McN and D F. D ; against, etc. ISTo. 504 (3). unlawfully did make and ferment a certain mash, fit for the production of spirits, in a building [§3282jR. S.] and on premises other than a distillery duly authorized ac- cording to law ; against, etc. No. 505 (4). not then and there being authorized distillers, unlaw- fully did by distillation separate the alcoholic [§ 3282, R. S.] spirits from a certain fermented mash ; against, etc. No. 506 (5). further present, that the said J T , J MoN and D F. D , on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid and the Internal-Eev- enue Collection-District of , having in their possession and custody, and under their control, a certain still set up, did fail and neglect to register the same with the Collector of Internal Eevenue of the said United States for the said collection-district, by subscribing and filing with him dupli- cate statements in writing, setting forth the particular place where the said still was so set up, the kind and cubic contents of the said still, the owner thereof, his place of residence, and the purpose for which the said still had been or was intended to be used. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said J T , J JVTcN and D F. D , on the day and year afore- 292 FOEMS ADAPTED TO CRIMINAL CASES. said, in the city and districts aforesaid, unlawfully did have in their possession and custody, and under their control, a [§ 3258, E. S.] still set up which was not then and there registered as required by law ; against, etc. No. 50T (6). further present, that the said J T , J McK and D F. D , on the said day of , in the same year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, and in the col- lection-district of the said state of , having then and there in their possession and custody a certain still set up, un- lawfully did neglect to subscribe and file with the collector of internal revenue of the said United States for that collection- district, immediately upon the said still's being set up, or at any time thereafter, duplicate statements in writing, setting forth the particular place where the said still was so set up, the kind of still so set up and its cubic contents, the owner thereof, his place of residence, and the purpose for which the said still then had been or was intended to be used : And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said J T , J MoN and D— F. D , on the day and year aforesaid, at aforesaid, in the Dis- trict of aforesaid, unlawfully did have in their possession [§ 3258, K. S.] and custody a certain still set up which was not then and there registered as required by law; against, etc. No. 508 (7). unlawfully did use a certain still, for the purpose of [§ 3266, R. S.j distilling,^ in a certain dwelling-house there situate; agailist, etc. » See V. S. V. Simmons, 96 U. 8. 360. CRIMES UNDEE INTERNAL- liEVEN OB LAWS. 293 Indictment, on Sec. 3257, R. S., for distilling spirits, and defrauding the United States of the tax thereon ; with a count on Sec. 3281, R. S., (Sec. 16, Act Feb. 8, 1875, 1 Supp. R. S., 2d Ed., 60,) for distilling with intent to defraud the United States of the tax. No. 509 (1). was engaged in carrying on the business of a distiller, and did then and there distill a large quantity of spirits, to wit, proof-gallons of spirits, then and there subject to the internal-revenue tax then imposed by law upon distilled spirits; and that the said then and there unlawfully did defraud, and attempt to defraud, the said [§ 3257, R. S.] United States of the said tax on the said spirits so by him distilled as aforesaid; against, etc. No. 510 (2). did carry on the business of a distiller, and did then and thei'e make and distill a large [§ 3281, R. S., as am. J quantity, to wit, other proof-gallons, of spirits, then and there subject to tax under the provisions of the internal- revenue law of the said United States, with intent to defraud' the said United States of the said tax on the said spirits so distilled by him as last aforesaid ; against, etc. Indictment, on Sec. 3358, R. S., for having two stills set up and not registered. No. 511. and within the Internal-Eevenue Collection-Dis- trict of , unlawfully did have in — h — possession two stills set up, which said stills were not nor had [§ 3258, R. S.J been then registered respectively by the said with the Collector of Internal Eevenue for the collection-district ' It is not necessary to state the particular means by which the fraud is efifected. U. S. v. Simmons, 96 U. S. 860. 294 I'OEMS ADAPTED TO CEIMINAL CASES. aforesaid, by subscribing and filing with him duplicate state- naents in writing, setting forth the particular places where the said stills were so set up respect! vel}^ the kinds and cubic con- tents of the said stills respectively, the owner thereof, his place of residence, and the purpose for which the said stills respect- ively had been or were intended to be used ; against, etc. Indictment^ on Sec. 3258, E. S., for failing to register a distillery ; with counts on Sec. 3281, K. S., (Sec. 16, Act Feb. 8, 1875, 1 Supp. R. S., 2d Ed., 60,) for carry- ing on the business of a distiller without having given bond, and with intent to defraud the United States of the tax; and with a count on Sec. 3282, R. S., for fer- menting a mash in a building not an authorized dis- tillery ; and with a count on Sec. 3266, K. S., for using a still in a building where' vinegar was made ; and with a count on Sec. 3279, R. S., for receiving at, and carry- ing away from, a distillery having no sign, distilled spirits; and with counts on Sec. 3450, R. S., for re- moving and concealing distilled spirits on which the tax had not been paid, with intent to defraud the United States. Ifo. 512 (1). and within the Internal-Revenue Collection-Dis- trict of , having then and there in — h — possession and custody, and under — h — control, a certain still set up, unlaw- [§ 3258, R. S.J fully did neglect and fail to register the same with the Collector of Internal Revenue of the said United States for the said collection-district, by subscribing and filing with him duplicate statements, in writing, setting forth the partic- ular place where the said still was so set up, the kind and cubic contents of the said still, the owner thereof, his place of residence, and the purpose for which the said still had been or was intended to be used ; against, etc. No. 513 (2). at aforesaid, in the judicial and collection-districts [§ 3258, R. S.J aforesaid, unlawfully did have in — h — pos- session, and under — h — control, a certain distilling-apparatus OKIMBS CNDEE INTEENAL-EEVENUE LAWS. 295 set up, which was not then in any wise registered with the Collector of Internal Eevenue of the said United States for the said collection-district ; against, etc' No. 514 (3). unlawfully did carry on the business of a distiller,' with- out having given bond as required [§ 3281, B. S., as am.] by law ; against, etc. No. 515 (4). unlawfully did engage in and carry on the business of a distiller, with intent to defraud the [§ 3281, R. S., as am.] said United States of the tax, to wit, the internal-revenue tax then prescribed by law, on the spirits distilled by — h — the said ; against, etc. No. 516 (5). unlawfully did make and ferment a certain mash, fit for distillation, in a certain building not then [§ 3282, R. S.] and there a distillery duly authorized according to law; against, etc. No. 517(6). unlawfully did use a certain still, for the purpose of distilling, in a certain building where vinegar [§ 3266, R. S.] was then manufactured ; against, etc. No. 518 (7). unlawfully and knowingly did receive at and carry and convey away from a certain distillery, there [§ 3279, R. S.] situate, a certain large quantity, to wit, proof-gallons, of distilled spirits ; on which said distillery there was not then placed and kept conspicuously, on the outside thereof, a sign exhibiting in plain and legible letters, not less than three inches in length, painted in oil-colors or gilded, and of a proper and proportionate width, the name or firm of the distiller, with the words " Registered distillery ; " against, etc. 1 For another form of count on Sec. 3358, R. S., see No. 150. 2 See No. 503, note 1. 296 FOEM8 ADAPTED TO CRIMINAL CASES. No. 519 (8). unlawfully did remove, and was concerned in remov- [§ 3450, R. S.] ing, from certain premises there situate, a certain other large quantity, to wit, proof-gallons, of dis- tilled spirits, in respect whereof an internal-revenue tax of ninety cents per proof-gallon was then imposed by law, and then remained unpaid, with intent then and there to defraud the said United States of the said tax ; against, etc. No. 520 (9). unlawfully did deposit and conceal, and was concerned [§ 3450, R. S.J in depositing and concealing, in a certain building there situate, a certain other large quantity, to wit, proof-gallons, of distilled spirits, in respect whereof an internal-revenue tax of ninety cents per proof-gallon was then imposed by law, and then remained unpaid, with intent then and there to defraud the said United States of the said tax; asrainst, etc. Indictment, on Sec, 3268, R. S., for gaining access to con- tents of a cistern-room and a distillery-warehouse, in the absence of the proper officers. No. 521 (1). unlawfully, and in the absence of the proper officer, [§ 3268, R. S.j did gain access to the contents, to wit, cer- tain distilled spirits, in the cistern-room of a certain distillery there situate ; against, etc. No. 522 (2). unlawfully, and in the absence of the proper internal- [§ 3268, R. S.J revenue officers respectively, did gain access to the contents of a certain cistern-room and a certain dis- tillery-warehouse, to wit, the cistern-room and warehouse of Distillery No. in the Collection-District of ; against, etc. CRIMES UNDEE INTERN AL-EEVENDE LAWS. 297 Indictment, on Sec. 3279, R. S., for putting up and keeping up a wholesale liquor-dealer's sign, without being such dealer. No. 523. ■ not theil and there being a wholesale liquor-dealer who had paid the special tax as such, unlawfully [§ 3279, R. S.J did put up and keep up, on certain premises then by him there occupied, a sign indicating that he the said might lawfully carry on the business of a wholesale liquor-dealer ; against, etc. Indictment, on Sec. 3279, R. S., for carrying distilled spirits from a distillery not having a sign; with a count on Sec. 3296, R. S., for removing such spirits from a distillery contrary to law ; and with a count on Sec. 3450, R. S., for removing goods with intent to de- fraud the United States of revenue tax. No. 524 (1). unlawfully did knowingly carry and convey certain distilled spirits, to wit, three hundred proof- [§ 3279, R. S.] gallons of distilled spirits, from a certain distillery, there situ- ate, whereon there was not then placed and kept any sign exhibiting in plain and legible letters the name or firm of the distiller, with the words " Registered Distillery ; " against, etc. No. 625 (2). unlawfully did remove, and aid in removing, certain distilled spirits, to wit, three hundred proof- [§ 3296, R. S.] gallons of distilled spirits, on which the internal-revenue tax then imposed by law upon such spirits had not been paid, from a certain distillery there situate to a place other than the distillery-warehouse provided by law; against, etc. No. 526 (3). unlawfully did remove, and were concerned in remov- ing, from certain premises there situate, [§ 3450, R. S.] three hundred proof-gallons of distilled spirits, the same then 298 FOEMS ADAPTED TO OEIMINAL CASES. and there being goods for and in respect whereof a tax was then imposed by law, to wit, the internal-revenue tax then imposed by law upon distilled spirits ; — h — the said thereby then and there intending to defraud the said United States of the said tax on the said distilled spirits so removed as last aforesaid : Against, etc. Indictment^ on Sec. 3282, R. S., for separating alcoholic spirits by distillation from a fermented mash, and for using illicit spirits in manufacturing vinegar; with a count on the amendment to Sec. 3282, R. S., (1 Supp. R. S., 2d Ed., 231,) for removing from a vinegar-fac- tory a fluid containing more than two per cent, of proof-spirits ; and with a count on Sec. 3266, R. S., for using a wooden vat, for distilling, on premises of a vinegar-factory. No. 527 (1). not then and there being authorized distillers, unlaw- [§ 3282, R. S.j fully did by distillation separate the alcoholic spirits from a certain fermented mash ; against, etc. No. 628 (2). unlawfully did use, in manufacturing vinegar, certain [§ 3282, R. S.] distilled spirits which were not produced in an authorized distillery, and on which the internal-revenue tax imposed by law had not been paid ; against, etc. No. 529 (3). unlawfuUj'- did remove, and cause to be removed, from [§ 3282, R. S., as am .J a certain vinegar-factory there situ- ate, gallons of a fluid then and there containing a greater proportion than two per centum of proof -spirits ; against, etc. No. 630 {i). unlawfully did use a certain vessel, to wit, a certain [§ 3266, R. S.] wooden vat, for the purpose of distilUng, on certain premises, there situate, where vinegar was then produced; against, etc. OEIMES UNDEE INTEENAL-RETENUE LAWS. 299 Indictment^ on Sec. 3318, R. S., against a wholesale liquor- dealer, for neglecting to enter in his book the sending of distilled spirits out of his stock, and the receiving of distilled spirits. No. 531 (1). on the day of , in the year of our Lord eight- een hundred and , and from thence until and on the day of ,in the same year, at — — aforesaid, in the district aforesaid, was a wholesale liquor-dealer, and as such had pro- vided a book, prepared and to be kept in the form theretofore [or, before that period] prescribed by the Commissioner of Internal Revenue of the said United States; of the prescribing of the form of which book by the said commissioner the said then and before that time there had notice : And that the said • , during the period aforesaid, did there send out of his stock and possession certain distilled spirits, to wit, casks of distilled spirits, and un- [§ 3318, R. S.] lawfully did neglect to make in the said book any entries or entry whatsoever, concerning the said casks of spirits respect- ively, at the respective times of so sending the same out of his stock and possession, and before the same were removed respectively from his premises ; against, etc. No. 532 (2). was a wholesale liquor-dealer, and as such had pro- vided a book, prepared and to be kept in the form theretofore prescribed by the Commissioner of Internal Revenue of the said United States ; of the prescribing of the form of which book by the said commissioner the said ■ then and before that time there had notice : And that the said did then and there receive certain distilled spirits, to wit, casks of distilled spirits, and then and there unlawfully did neglect to make in the last-mentioned [§ 3318, R. S.] book any entries or entry whatsoever, concerning the said casks of spirits respectively so by him received as aforesaid, on the same day on which he so received the same spirits, and before he drew off any part thereof, or added water or any- thing thereto; against, etc. 300 FOEMS ADAPTED TO CRIMINAL CASES. Indictment, on Sec. 3318, R. S., against wholesale liquor- dealers, Tor neglecting to mate the proper entries in their hook (called Form 52,) of the sending out of their possession of divers quantities of distilled spirits. No. 533. at aforesaid, in the district aforesaid, and thence- forth until and on the day of , in the same year, were wholesale liquor-dealers, together carrying on that busi- ness, and having the book (called Form 52) required by law to be kept by them as such dealers, wherein to enter daily all spirits by them received or sent out : And that the said , so being such wholesale liquor-dealers, during the period aforesaid there sent out of their stock and possession divers [§ 3318, R. S.] quau'tities of distilled spirits, and then and there unlawfully did neglect to enter in the said book, at the respective times of so sending out of their stock and posses- sion the said divers quantities of distilled spirits as aforesaid, and before the same respectively were removed from the premises of them the said , the respective days when, and the names and places of business respectively of the sev- eral persons or firms to whom, the said divers quantities of distilled spirits were to be sent respectively, the quantities and kinds or qualities respectively of the said distilled spirits so sent out, and the respective numbers of gallons and frac- tions of a gallon thereof at proof; against, etc. Indictment, on Sec. 3318, R. S., against a rectifier of dis- tilled spirits and wholesale liquor-dealer, for neglecting to make the proper entries, at the proper time, of the sending out of his stock of certain spirits ; with counts on Sections 3320-3456, R. S., for neglecting to cause packages of spirits to be gauged, inspected and stamped, after being filled for sale. JSTo. 534 (1). being then and there a rectifier of distilled spirits and wholesale liquor-dealer, and it being then and there his duty to provide and keep a book as such rectifier and wholesale CEIMES UNDER INTEENAL-EEVENUE LAWS. 301 liquor-dealer, as required by law, (the form of which book had before that time been prescribed by the Commissioner of In- ternal Eevenue, as he the said then and there well knew,) did send out of bis stock and possession certain dis- tilled spirits, that is to say, five gallons of bitters and five gal- lons of wMsTiey, and that the said • then and there unlawfully did neglect and fail to enter in [§ 3318, R. S.] such book, at the time of so sending out of his stock the dis- tilled spirits aforesaid, and before the removal of the same from his premises, the day when the said distilled spirits were so sent out of his stock and possession, the name and place of business of the person to whom the same were to be sent, the quantity and kind or quality of the said distilled spirits, and the number of gallons and fractions of a gallon thereof at proof; against, etc. No. 535 (2). being then and there a rectifier of distilled spirits and wholesale liquor-dealer, and having provided and then and there having a book such as was then required by law to be kept by rectifiers and wholesale liquor-dealers, and in the form theretofore prescribed for such book by the Commis- sioner of Internal Eevenue, did send out of the stock of him the said ■ • • certain other distilled spirits, that is to say, barrels, each containing a large quantity, to vi\t, forty gallons, of ; and that the said then and there unlawfully did neglect and fail to enter in [§ 3318, B. S.] the said book, at the time of so sending out of his stock the distilled spirits last aforesaid, and before the removal of the same from his premises, the day when the last-mentioned dis- tilled spirits were so sent out of his stock, the name and place of business of the person to whom the same were to be sent, the quantity and kind or quality of those distilled spirits, and the number of gallons and fractions of a gallon thereof at proof; against, etc. No. 536 (3). being then and there a rectifier of distilled spirits, and having provided and then and there having a book such as was then required by law to be kept by rectifiers of distilled 302 FORMS ADAPTED TO CEIMINAL CASES. spirits, and in the form theretofore prescribed for such book by the Commissioner of Internal Revenue, did send out of the possession of him the said certain other distilled spirits, that is to say, one harrel, containing a large quantity, to wit, forty gallons, of ; and that the same [§ 3318, R. S.] then and there unlawfully did neglect and fail to make in the last-mentioned book any entry whatsoever of or concerning the distilled spirits last aforesaid, at the time of so sending the same out of his possession as aforesaid, and before the removal of the same from his premises ; against, etc. No. 537 (4). being then and there a wholesale liquor-dealer, and having provided and then and there having a book such as was then required by law to be kept by wholesale liquor-deal- ers, (the form of which book had before that time been pre- scribed by the Commissioner of Internal Revenue, as he the said then and there well knew,) did send out of his stock certain other distilled spirits, to wit, gallons of dis- tilled spirits ; and that the said then and there un- [§ 3318, R. S.] lawfully did neglect and fail to make in the last-mentioned book any entry whatsoever of or concerning the distilled spirits fast aforesaid, at the time of so sending the same out of his stock as aforesaid, and before the removal of the same from his premises ; against, etc. No. 538 (5). further present, that the said , on the day of , in the year aforesaid, at the said city of , in the district of , and in the collection-district of the said state of , was a rectifier of distilled spirits who had paid the special tax required by law ; and that packages of rectified spirits, each containing not less than five wine- gallons, were then and there filled for sale, on the premises of the said , so then and there being such rectifier as aforesaid ; and that the said then and there un- [§§ 3320-3456, R. S.J lawfully and knowingly did omit and neglect to cause the said packages of rectified spirits, when the same were so filled on his premises for sale, to be gauged CRIMES UNDEE INTEENAL-EEVENUE LAWS. 303 and inspected by a United States ganger, and to cause such ganger to place upon each of the said packages of rectified spirits an engraved stamp, signed by the collector of internal revenue for the said collection-district and by such ganger, and stating the date when affixed, and the number of proof- gallons in such package, as provided by law ; against, etc. No. 539 (6). was a rectifier of distilled spirits who had paid the special tax required by law ; and that other pack- ages of rectified spirits, each containing not less than five wine-gallons, were then and there filled for delivery, on the premises of the said , so then and there being such rectifier as aforesaid ; and that the said then and there unlawfully and knowingly did omit and neglect to cause the last-mentioned packages of rectified [§§ 3320-3456, R. S.J spirits, when the same were so filled on his premises for de- livery, to be gauged and inspected by a United-States ganger, and to cause such ganger to place upon each of those packages an internal-revenue stamp called a stamp for rectified spirits, as required by law ; against, etc. Indictment, on Sec. 3324, R. S., for emptying casks of dis- tilled spirits without eifacing tax-paid stamp ; with a count on Sec. 3376, R. S., for neglecting to destroy tax-stamps on emptied tobacco-pails ; and with a count on Sec. 3406, R. S., for neglecting to destroy tax- stamps on emptied cigar-boxes. In'o. 540 (1). did empty and draw off, and cause to be emptied and drawn off', certain distilled spirits from two certain casks, each then and there bearing a certain stamp then and there re- quired by law, that is to say, a certain internal-revenue stamp of the said United States, called a tax-paid stamp ; ^ and that the said then and there unlawfully did fail to eff'ace » The stamp need not be set out TJ. S. v. Bayaud, 16 F. R 376. 304: FOEMS ADAPTED TO CEIMINAL CASES. [§ 3324, R. S.] and obliterate the said stamps respectively* at the time of so emptying the said casks as aforesaid : against, etc. No. 541 (2). did have in his possession ten tobacco-pails, each then and there containing tobacco, and bearing a stamp denoting the internal-revenue tax on such tobacco; which said tobacco- pails were then and there emptied ; and that the said then and there unlawfully and willfully did neglect to destroy [§ 3376, E. S.J utterly the said stamps respectively on the said tobacco-pails so emptied as aforesaid : Against, etc. No. 542 (3). did have in his possession two boxes, each then and there containing cigars, and bearing a stamp denoting the in- ternal-revenue tax on such cigars ; which said boxes were then and there emptied ; and that the said then and there unlawfully and willfully did neglect to destroy utterly the [§ 3406, R. S.] said stamps respectively on the said boxes so emptied as aforesaid : Against, etc. Indictment, on Sec. 3324, R. S., for emptying casks of dis- tilled spirits, witliout destroying wholesale liquor- dealer's stamp. No. 543 (1). did empty and draw off, and cause to be emptied and drawn off, certain distilled spirits from a certain cask then and there bearing a certain stamp then and there required by law, to wit, a certain internal-revenue stamp of the said United States, called a wholesale liquor-dealer's stamp; and the said then and there, at the time of so emptying [§ 3324, R. S.J the said cask, so bearing the said stamp as aforesaid, unlawfully and feloniously did fail to efface and obliterate the said stamp ; against, etc. OEIMES UNDEE INTBENAL-EETENITB LAWS. 305 No. 544 (2). did empty and draw off, and cause to be emptied and drawn oif, certain other distilled spirits from a certain other cask then and there bearing a certain other stamp then and there required by law, to wit, a certain internal-revenue stamp of the said United States, called a wholesale liquor-dealer's stamp; and the said then and there, at the time of so emptying the last-mentioned cask, so bearing such stamp as aforesaid, unlawfully and feloniously did [§ 3324, R. S.] fail to efface and obliterate the last-mentioned stamp; against, etc. Indictment, on Sec. 3324, R. S., for emptying distilled spirits from casks, witliout effacing tax-paid, wholesale liquor-dealer's, and distillery-warehouse stamps, and stamp for rectified spirits. No. 645 (1). did empty and draw off, and caused to be emptied and drawn off, certain distilled spirits from a certain cask then and there bearing certain stamps then and there required by law, to wit, a certain internal-revenue stamp of the said United States, called a tax-paid stamp, and a certain other in- ternal-revenue stamp of the said United States, called a whole- sale liquor-dealer's stamp; and the said then and there, at the time of so emptying the said cask, so bearing the said stamps as aforesaid, unlawfuUj'^ and feloniously did fail to efface and obliterate the said stamps ; [§ 3324, R. S.J against, etc. No. 546 (2). did empty and draw off, and caused to be emptied and drawn off, certain distilled spirits from a certain other cask then and there bearing a certain other stamp then and there required by law, to wit, a certain internal-revenue stamp of the said United States, called a tax-paid stamp, [or, a stamp for rectified spirits, or, a distillery-warehouse stamp;] and that the said then and there, at the time of so -'J 20 306 FOEMS ADAPTED TO CRIMINAL CASES. empt3'ing the last-mentioned cask, so bearing such stamp as [§ 3324, B. S.J aforesaid, unlawfully and feloniously did fail to efiface and obliterate the last-mentioned stamp ; against, etc. Indictment, on Sec, 3324, K. S., for emptying and drawing off distilled spirits from a number of casks, without effacing distillery -wareliouse stamps and stamps for rectified spirits tliereon. No. 547. did empty and draw off, and cause to be emptied and drawn off, distilled spirits irom. five casks then and there con- taining the same, each of which said casks then and there bore a certain internal-revenue stamp then and there required by law, called a distillery-warehouse stamp, and a certain other internal-revenue stamp then and there required by law, called a stamp for rectified spirits; and that the said , at the time of so emptying the said casks respectively as afore- [§ 3324, R. S.J said, there unlawfully did fail to efface and obliterate the said stamps so then and there borne by the said casks respectively as aforesaid ; against, etc. Indictment, on Sec. 3324, R. S., for emptying a barrel, with- out obliterating stamps, marks and brands thereon; with a count on Sec. 3326, R. S., for using a cask for selling spirits other than those previously inspected therein. No. 548 (1). did empty and draw off, and cause to be emptied and drawn off, distilled spirits from a certain cask, to wit, a barrel, then and there bearing certain internal-revenue stamps, marks and brands required by law, to wit, two certain stamps, called respectively a distillery-warehouse stamp and a tax-paid stamp, and certain marks, called inspection-marks, and a certain brand, called a distiller's brand ; and that the said then and there unlawfully did fail to efface and obliterate the said CKIMES UNDER INTERNAL-REVENUE LAWS. 307 stamps, marks and brands, at the time of so [§ 3324, B. S.] emptying and causing to be emptied the saidxjask as aforesaid ; against, etc. No. 549 (2). having in — h — possession a certain cask, to wit, a certain barrel, then and there bearing certain internal-revenue stamps and inspection-marks, and which had contained dis- tilled spirits before that time inspected therein, unlawfully did fraudulently use the last-mentioned cask for [§ 3336, R. S.] the purpose of selling other spirits than those so previously inspected in the same cask, and spirits of quantity and quality different from the spirits so previously inspected therein; against, etc. Indictment, on Sec. 3324, R. S., for emptying distilled spirits from a cask, without effacing the stamp for rectified spirits and the inspection-marks thereon. No. 550. did empty and draw oflF, and cause to be emptied and drawn off, distilled spirits from a certain cask then and there bearing a certain stamp then and there required by law, to wit, a certain internal-revenue stamp of the said United States, called a stamp for rectified spirits, and certain marks then and there required by law, to wit, certain marks called inter- nal-revenue inspection-marks: and that the said then and there unlawfully did fail to efface and obliterate the said stamp and the said marks respectively, [§ 3324, R. S.] at the time of the emptying of the said cask as aforesaid ; against, etc. 308 FORMS ADAPTED TO CRIMINAL CASES. Indictment, on Sec. 3326, R. S., for using a cask to sell spirits differing from those inspected therein ; with a count on Sec. 3455, R. S., for purchasing an empty stamped barrel. No. 551 (1). unlawfully and fraudulently did use a certain cask, [§ 3336, R. S.] having an inspection-mark and an internal- revenue stamp thereon, for the purpose of selling spirits of quantity and quality different from the spirits previously in- spected in the same cask; against, etc. No. 552 (2). unlawfully did purchase and receive a certain barrel. [§ 3455, R. S.J of greater capacity than twenty wine-gallons, and then and there stamped with two certain internal-revenue stamps, called respectively a distillery-warehouse stamp and a tax-paid stamp, so as to show that certain provisions of the internal-revenue laws had been complied with, that is to say, in a manner denoting that the said barrel had contained dis- tilled spirits, and so containing distilled spirits had been duly removed from the distillery where such distilled spirits were produced to the proper distillery-warehouse, and that the in- ternal-revenue tax on such distilled spirits had been paid ; the said barrel being empty at the time the said so pur- chased and received the same as aforesaid: Against,* etc. Indictment, on Sec. 3340, R. S., against a brewer, for mak- ing false entries in his monthly statement; and for evading the internal-revenue tax on fermented liquors made by him. No. 553 (1). in the district aforesaid and the Collection-Dis- trict of , having been during the then next preceding month of a person owning and occupying a certain brewery there, and engaged in producing malt liquors at the 1 As to indicting for penalties, s?e Na 115, not& CRIMES UNDEB INTERNAL-EEVENUE LAWS. 309 said brewery, did make and render to the Collector of In- ternal Revenue for the said collection-district a certain state- ment ' in writing, in form as prescribed by law, and purporting to be a true statement, taken from the books of him the said , of the estimated quantity in barrels of the malt liquors by him brewed at the said brewery during the said month of , and of the actual quantity of the malt liquors by him sold, or removed for consumption or sale, from the said brewery, during the same month; and that the said then and there, to wit, at the time and place of so mak- ing and rendering the said statement as aforesaid, fraudulently and intentionally did make in the said statement a certain entry to the effect that the estimated quantity of malt liquors by him brewed at the said brewery during the said month of was barrels, and a certain other entry to the effect that the actual quantity of malt liquors by him during that month sold, or removed for consumption or sale, from the said brewery, was barrels; whereas in truth and in fact the estimated quantity of malt liquors by him the said brewed at the said brewery during the said month of was not barrels, but was a different and much greater number of barrels, to wit, barrels, and the actual quantity of malt liquors by him during that month sold, or removed for consumption or sale, from the said brewery, was not barrels, but was a different and much greater number of bar- rels, to wit, barrels ; he the said then and there, to wit, at the time and place of so making the said entries, well knowing the same to be false and fraudulent as aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form afore- said, so being an owner and occupant of a brewery as afore- said, in a monthly statement by law required to be made and rendered by him as such person, fraudulently [§ 3340, R. S.J and intentionally did make false entries ; against, etc. No. 554 (2). in the said • District of , then and there being an owner and superintendent of a certain brewery there situ- ate and used in making fermented liquors, and having made 'Soe Sec. 3337, E. S. 310 FOEMS ADAPTED TO CEIMINAL CASES. at the same brewery a certain large quantity, to wit, barrels, of fermented liquors, unlawfully did evade, and at- [§ 3340, R. S.J tempt to evade, the payment of the internal- revenue tax on the fermented liquors last aforesaid ; against, etc. Indictment, on Sec. 3340, R. S., against the superintendent of a brewery, for making, and allowing and procuring to be made, false entries in the book reijuired by law to be kept; and for evading the internal-revenue tax by divers means. No. 555 (1). present, that , late of the city of , in the said district, before and at the several times of the commit- ting of the several offenses hereinafter mentioned, at aforesaid, in the district aforesaid, was superintendent of a certain brewery used for the purpose of making fermented liquors, and had the said brewery under his control as agent for the occupant thereof, and had the book by law required to be kept by him as such superintendent and agent, wherein to enter, or cause to be entered, (amongst other things,) from day to day, the actual quantity of fermented liquors sold or removed for consumption or sale, from the said brewery, in barrels or fractional parts of a barrel : And that the said — — , on the day of , in the year of our Lord eight- een hundred and , at aforesaid, in the district afore- [§ 3340, K. S.] said, so being such superintendent and agent of the said brewery, intentionally did make, and knowingly allow and procure to be made, in the said book a false entry, that is to say, a certain entry to the effect that the actual quantity of fermented liquors on that day sold or removed for consumption or sale from the said brewerj'^ was quar- tsr-harrels; whereas in fact the actual quantity of fermented liquors on that day sold or removed for consumption or sale from the said brewery was not quarter-iarrels, but was a different and much greater quantity ; against, etc. CRIMES 0KDEE INTEENAL-EEVEN0E LAWS. 311 No. 5^6 (2). further present, that the said , on the day of ■ , in the year of our Lord eighteen hundred and , at aforesaid, in the district aforesaid, so being such superintendent and agent of tlie said brewery as aforesaid, unlawfully did intentionally make, and knowingly allow and procure to be made, in the said book another [§ 3340, R. S.] false entry, that is to say, a certain entry to the effect that the actual quantity of fermented liquors sold or removed for consumption or sale from the said brewery on the day last aforesaid was barrels; whereas in fact the actual quantity of fermented liquors sold or removed for consumption or sale from the said brewery on that day was not barrels, but was a different and much greater quantity ; against, etc., [or, to wit, barrels of fermented liquors ; against, etc.] No. 557 (3). so being such superintendent and agent of a brewer}^ used in making fermented liquors as aforesaid, unlawfully did evade, and attempt to evade, the pa3'ment of [§ 3340, R. S.J the internal-revenue tax on the same fermented liquors, by fraudulently neglecting to keep truly and exactly the books then by law required to be kept by him, and to make truly and exactly the reports then by law required to be made by him, as such superintendent and agent of a brewery, — and by intentionally making in the said books and reports respectively false and fraudulent entries of the quantities of the fermented liquors produced at the said brewery, and of the materials for that purpose purchased,— and by removing and disposing of the same fermented liquors without payment of the said in- ternal-revenue tax thereon, and in vessels upon which the internal-revenue stamps then required by law had not then been affixed respectively, and in vessels upon which fraudulent and re-used internal-revenue stamps were then affixed respect- ively; against, etc. 312 rOEMS ADAPTED TO OEIMINAL OASES. ludictmeut, on Sec. 3340, R, S., against a brewer, for neg- lecting to keep books, and make entries in the book called Form 104. No. 558. present, that , late of the city of -, in the said district, on the day of , in the year of our Lord eighteen hundred and , and from thence until and on the day of , in the same year, at aforesaid, in the district aforesaid, was a brewer, and person owning and occu- pying a certain brewery there situate and used in making fer- mented liquors ; during which period, and on the several days thereof, divers large quantities of fermented liquors were there sold and removed for consumption and for sale from tlie said brewery ; and that the said • during that period there unlawfully did fail and neglect to enter, or cause to be entered, from day to day, in the book called Form 104, by law required to be for that purpose kept by him as such brewer and person owning and occupying a brewery, the actual quantities of fer- mented liquors so from day to day sold or removed for con- sumption or for sale from the said brewery, during the period aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said -, in manner and form aforesaid, being a brewer and person owning and occupying a [§ 3340, R. S.] brewery, did neglect to keep books as pro- vided by law ; against, etc. Indictment, on Sec. 3342, R. S., (Act of Mar. 3, 1875, 1 Supp. R. S., 2d Ed., 93,) against a brewer, for neg- lecting to cancel internal-revenue stamps on beer-bar- rels; with a count on Sec. 3344, R. S., for drawing fermented liquor from packages without defacing the stamps. No. 659 (1). being then and there a brewer, and about to sell and remove from his brewery certain vessels, to wit,^e quarter- iarrels and five eighthrharrels, then and there containing fer- mented liquor, to wit, beer, by him made, and having then CRIMES UNDER INTEENAL-EEVENUE LAWS. 313 and tbere affixed to the said vessels respectively stamps de- noting the internal-revenue tax on the said fermented liquor so therein contained, unlawfully did neglect and refuse to cancel the said stamps, at the time of so af- [§ 3342, R. S.J fixing the same as aforesaid, bj'^ writing or imprinting on the same respectively his name, or the initial letters of his name, and the date of cancellation ; against, etc. No. 560 (2). unlawfully did withdraw, and aid in withdrawing, fer- mented liquor, to wit, beer, from certain ves- [§ 3344, R. S.] sels, to wit, two quarter-harrels and two eighth-harrels, then containing the same, without destroying or defacing the stamps, then affixed on the same vessels respectively, for de- noting the internal-revenue tax on the same fermented liquor; against, etc. Indictment, on Sec. 3343, R. S., against a brewer, for sell- ing beer in packages with twice-used stamps thereon. No. 561 (1). being then and there a brewer, unlawfully did sell and remove, and aid in selling and removing, fer- [§ 3343, R. S.J mented liquor, to wit, beer, then and there contained in divers kegs, to wit, jive kegs, from a certain brewery there situate, upon each of which said kegs an internal-revenue stamp once cancelled was then and there used a second time ; against, etc. No. 562 (2). unlawfully did sell and remove, and aid in selling and removing, other fermented liquor, to wit, [§ 3343, R. S.J beer, then and there contained in divers other kegs, to ^\i,five other kegs, from a certain brewery there situate, upon each of which kegs -last aforesaid a stamp for denoting the internal- revenue tax on fermented' liquors, and which had once been cancelled, was then and there used a second time ; against, etc. 314 rOEMS ADAPTED TO CKIMINAL CASES, No. 563 (3).- unlawfully did sell and remove, and aid in selling and [§ 334:3, R. S.J removing, other fermented liquor, to wit, bser, then and there contained in divers other vessels, to wit, five other kegs and^e barrels, from a certain brewery there situate; upon each of which vessels in this count mentioned a stamp for denoting the internal-revenue tax on fermented liquors, and which had once been cancelled, was by the said then and there fraudulently used a second time; against, etc. Complaint, on Sec. 3343, R. S., against a brewer, for sell- ing beer in packages with twice-used stamps thereon. Northern District of No. 564. S set. — County of , S set. — W B , of , in the Northern District of , makes oath and says, that he has good cause to believe, and does verily believe, that J H , late of , in the said district, at divers times between the first day of June, in the year 1893, and the first day of Ootoher, in the same year, inclusive, at aforesaid, in the district aforesaid, being then and there a brewer, did [§ 3343, R. S.J sell and remove, and aid in selling and re- moving, divers large quantities of fermented liquor, to wit, beer, contained in kegs and other vessels, to the number of one hundred at least, from a certain brewery there situate ; upon each of which said kegs and vessels, when so sold and removed with the contents aforesaid, an internal-revenue stamp once cancelled was unlawfully and fraudulently used a second time. W B . Sworn and subscribed before me by the above-named "W B , this 23d day of May, A. D. 189Jt. Witness my hand and official seal. (L. S.) G 8. A , Clerk of County Circuit Court. OEIMES UNDEE INTEENAL-EEVENUB LAWS. 315 Indictment, on Sec. 3343, R. S., for purchasing and receiv- ing beer in package without the stamp; with a count on Sec. 3344, R. S., for drawing beer from such a pacliage; and with a count on Sec. 3354, R. S., for withdrawing beer from such a package, for the pur- pososof bottling the same. N"o. 565 (1). unlawfully did purchase and receive certain fermented liquor, to wit, beer, contained in a certain vessel, to wit, a half-barrel, from a certain brewery there [§ 3343, R. S.] situate, upon which vessel the internal-revenue stamp or per- mit then required by law had not then been affixed ; against, etc. No. 566 (2). unlawfully did withdraw, and aid in withdrawing, cer- tain fermented liquor, to wit, beer, from a certain haJf-harrel upon which had not then been affixed the [§ 3344, R. S.] proper stamp for denoting the internal-revenue tax thereon ; against, etc. No. 567 (3). unlawfully did withdraw certain fermented liquor, to wit, beer, for the purpose of bottling the same, from a certain half-larrel and vessel upon which the proper [§ 3354, R. S.J internal-revenue stamp had not then been affixed ; against, etc. Indictment, on Sec. 3343, R. S., against a brewer, for re- moving beer in packages with twice-used stamps; with a count on Sec. 3344, R. S., for withdrawing beer from packages without defacing the stamps; and with a count on Sec. 3354, R. S., for "withdrawing beer, for bottling, from unstamped packages. No. 568 (1). being then and there a brewer, unlawfully did remove, and aid in removing, from a certain brewery [§ 3343, R. S.J by him then and there occupied, certain fermented liquor con- 316 FORMS ADAPTED TO CRIMINAL CASES. tained in certain vessels, that is to sz.j, fifty half -harrels of beer &vlA fifty hegs of beer, upon each of which said vessels a certain internal-revenue stamp, of the kind then and there re- quired by law to be affixed thereon, and which had then once been cancelled, was then, and there used a second time ; against, etc. No. 569 (2). unlawfully did withdraw, and aid in withdrawing, cer- [§ 33i4, R. S.] tain other fermented liquor, to wit, beer, from fifty other half-ba/rrels and fifty other Icegs then and there containing the same, without destro^'ing or defacing the internal-revenue stamp then and there affixed, as required by law, on each of the last-mentioned half-harrels and Icegs; against, etc. No. 570 (3). unlawfully did withdraw certain other fermented liq- [§ 3354, R. S.] uor, to wit, beer, for the purpose of bottling the same, from fifty other halfharrels and fifty other Icegs, upon each of which last-mentioned halfharrels and hegs the proper internal revenue stamp then and there required by law had not then and there been affixed ; against, etc. Indictment, on Sec. 3354, R. S., for bottling on brewery premises, and premises having communication with a warehouse; with a count on Sec. 3344, R. S., lor with- drawing weiss-beer from packages with fraudulent stamps thereon. No. 671 (1). unlawfully did carry on, and attempt to carry on, the [§ 3354, R. S.] business of bottling fermented liquor, in a certain brewery in which fermented liquor was then made, and upon premises then having communication with the said brewery; against, etc. No. 572 (2). unlawfully did carry on the business of bottling fer- [§ 3354^ R. S.] mented liquor upon certain premises then OEIMES UNDEE INTEBNAI.-KEVENUE LAWS. 317 having communication with a brewery, to wit, a certain brew- ery then operated and controlled by the said ; against, etc. No. 573 (3). unlawfully did carry on the business of bottling fer- mented liquor upon certain premises then [§ 3354, R. S.J having communication with a warehouse, to wit, a certain warehouse then occupied by one ; against, etc. No. 574 (4). — - unlawfully did withdraw fermented liquor, to wit, tceiss-beer, from divers vessels, to wit, , [§ 3344, R. S.] on each of which vessels was then affixed a false and fraudu- lent stamp, that is to say, an internal-revenue stamp of the said United States, called a beer-stamp, then once before used for denoting the payment of the internal-revenue tax on fer- mented liquor, and then void and invalid by reason of so hav- ing been once used ; against, etc. Indictment, on Sec. 3360, R. S., (Sec. 14, Act of Mar. 1, 1879,-1 Supp. R. S., 2d Ed., 238,) against a dealer in leaf-tobacco, for neglecting to make entries of sales in the two books provided for by law. No. 575 (1). present, that , late of the city of , in the said district, on the day of , in the year of our Lord eighteen hundred and , and thenceforth until and on the day of , in the same year, at aforesaid, in the district aforesaid, was a dealer in leaf-tobacco, and was pro- vided with the two books required by law to be kept by him as such dealer, wherein to make daily entries, under certain regulations before that period duly prescribed in that behalf by the Commissioner of Internal Eevenue of the said United States, of the number of hogsheads, cases or pounds of leaf- tobacco sold by him the said , with the name and residence, in each instance, of the person to whom the same 318 FORMS ADAPTED TO CRIMINAL CASES. was sold ; of which regulations the said then and before that time there had notice : And that the said , so being such dealer in leaf-tobacco, during the period aforesaid, there made divers sales of divers quantities of leaf-tobacco, and then and there did willfully neglect to make in the said books any entry whatsoever concerning the said sales of leaf-tobacco respectively, on the same days on which the said sales were so made respectively as aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form aforesaid, so being a dealer in leaf- [§ 3360, R. S.J as am.j tobacco as aforesaid, did willfully neglect to keep the books provided for by law ; against, etc. No. 576 (2). was a dealer in leaf-tobacco, and was provided with the two books required by law to be kept by him as such dealer, wherein to make daily entries, under certain regula- tions before then duly prescribed in that behalf by the Com- missioner of Internal Eevenue of the said United States, (of which regulations the said then and before that time there had notice,) of the number of hogsheads, cases or pounds of leaf-tobacco sold by him the said , with the name and residence, in each instance, of the person to whom the same was sold : And that the said then and there, as such dealer as last aforesaid, did sell certain other leaf-tobacco, to wit, two hundred pounds of leaf-tobacco, and then and there did willfully neglect to make in the last- mentioned books any entry whatsoever concerning the said sale of leaf-tobacco as last aforesaid, on the same day on which that sale was so made as aforesaid. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and form in this count aforesaid, so being such dealer in leaf-tobacco, did willfully neglect to keep [§ 3360, R. S., as am.j the books provided for by law; against, etc. CRIMES TJNDEE INTBRNAL-EEVENUE LAWS. 319 Indictment, on Sec. 3363, E. S., (1 Supp. R. S., 2d Ed., 864,) for selling tobacco not properly put up in packages and stamped. No. 577. unlawfully did sell, and offer for sale, manufactured tobacco not put up in packages and [§ 3363, R. S., as am .J stamped as prescribed in Chapter Six, of Title XXXV., of the Eevised Statutes of the said United States, and the acts of Congress amendatory thereof; that is to say, that the said then and there unlawfully did sell, and offer for sale, (and not as a retail dealer from a package or packages stamped as provided in the chapter and acts aforesaid,)' one pound of smoking tobacco, and one pound of refuse scraps, clippings, cuttings and sweepings of tobacco, not then and there put up in packages containing two, three, four, eight or sixteen ounces each, or in any such package, and not then and there stamped with the proper stamps or stamp denoting the internal-reve- nue tax on the said tobacco; against, etc. Indictment, on Sec. 3376, R. S., for neglecting to destroy the stamps on emptied tobacco-yessels, No. 578. did have in — h — hands three vessels, each then and there containing tobacco, and bearing a stamp denoting the internal-revenue tax on such tobacco ; which said vessels were then and there emptied ; and that the said then and there unlawfully and willfully did neglect to [§ 3376, R. S.] destroy the said stamps respectively, at the time the said vessels were so emptied respectively as aforesaid; against, etc. 1 Not necessary. U. S. v. Imsand, 1 Woods, 581. 320 FORMS ADAPTED TO CRIMINAL CASES. Indictment, on Sec. 3383, K. S., (1 Supp. R. S., 2d Ed., 863,) against a tobacco-peddler, for refusing to exhibit his certificate to a revenue agent. No. 579. being then and there a peddler of tobacco and cigars, and demand being then and there made by S W. P- then an internal-revenue agent, upon him the said , to produce the certificate to him as such peddler from the proper collector of internal revenue, (that is to say, the cer- tificate in such case prescribed by the internal-revenue laws of the said United States,) unlawfully did fail and refuse to [§ 3383, K. S.] produce such certificate, when so thereto re- quired as aforesaid; against, etc. Indictment, on Sec. 3384, B. S., against a tobacco-peddler, for failing to have a sign on his wagon. No. 580. being then and there a peddler of tobacco and cigars, traveling with a wagon, unlawfully did fail to have afiBxed to [§ 3384, R. S.] his said wagon, in a conspicuous place, a sign, painted in oil-colors, or gilded, giving his full name, business and collection-district ; against, etc. Indictment, on Sec. 3384, R. S., against a tobacco-peddler, for peddling without first giving bond and obtaining the collector's certificate. No. 581. present, that , late of the county of -, in the said district, on the day of , in the year of our Lord eighteen hundred and , within the county and dis- [§ 3384, R. S.J trict aforesaid, was found peddling cigars and tobacco, and unlawfully did sell, and ofifer to sell and de- liver, cigars and tobacco, travelling from place to place in the O.EIMBS UNDEE INTBENAL-EEVEN0E LAWS. S21 county and district aforesaid, without having first given bond as a peddler of tobacco, as required by law, and without having first obtained a certificate as such peddler from the collector of internal revenue for his the said 's col- lection-district, as required by law ; against, etc. Indictment^ on Sec. 3384, K. S., against a tolbacco-peddler, for peddling without first giving bond and obtaining the collector's certificate. No. 582. present, that , late of the city of , in the said district, on the day of , in the year of our Lord eighteen hundred and ■ , at aforesaid, in the district aforesaid and the Internal-Ee venue Col- [§ 3384, R. S.J lection-District of , was found peddling tobacco and cigars, and unlawfully did sell, and offer to sell and deliver, manufact- ured tobacco and- cigars, travelling from place to place in the city and districts aforesaid, without having first given bond as a peddler of tobacco, as required by law, and without having first obtained a certificate as such peddler from the Collector of Internal Revenue for the collection-district aforesaid, as required by law ; against, etc. Indictment, on Sec. 3384, R. S., against a tobacco-peddler, for peddling without first giving bond and obtaining the collector's certificate; with a count on Sec. 3397, R. S., for removing cigars, not properly boxed and stamped, from the manufactory. No. 583 (1). was found peddling cigars without having given bond, as a peddler of tobacco, as provided in Title [§ 3384, R. S.J Thirty-Five, Chapter Six, of the Eevised Statutes of the said United States ; against, etc. 21 322 rOEMS ADAPTED TO CEIMINAL OASES. No. 584 (2). ■unlawfully did peddle cigars without having previously [§ 3384, R. S.] obtained a certificate, as a peddler of tobacco, from the Collector of Internal Kevenue of his collection-dis- trict, as provided in Title Thirty-Five, Chapter Six, of the Re- vised Statutes of the said United States ; against, etc. No. 585 (3). unlawfully did remove from the place of manufacture [§ 3397, K. S.] five himdred cigars not properly boxed and stamped as required by law ; against, etc. Indictment, on Sec. 3387, R. S., for manufacturing cigars without giving bond. No. 586. unlawfully did manufacture cigars, without first giv- [§ 3387, R. S.J ing bond as required by law, as a manufact- urer of cigars ; against, etc. Indictment, on Sec. 3388, R. S., against a cigar-manufact- urer, for not having a sign. No. 587. did carry on the business of a cigar-manufacturer, within a certain building there situate ; and that the said ■ [§ 3388, R. S.j then and there unlawfully did neglect to place and keep on the side or end of the said building, in such manner as to be distinctly seen, a sign, with letters thereon not less than three inches in length, painted in oil- colors or gilded, giving his full name and business ; against, etc. CEIMES UNDEE INTEENAL-EEVENUE LAWS. 323 Indictment, on Sec. 3390, R. S., against a cigar-manufact- urer, for neglecting to enter daily, in the book called Form 73, an account of liis doings. No. 588 (1). present, that , late of the city of , in the said district, on the day of , in the year of our Lord eighteen hundred and -, and thenceforth until and on the day of , in the same year, at afore- said, in the district aforesaid, was a person engaged in the manufacture of cigars, and as such by law required to enter daily in a book an accurate account of articles purchased, manufactured, sold, consumed or removed by him as such manufacturer; (the form of which book had theretofore been prescribed by the Commissioner of Internal Kevenue of the said United States, whereof the said then and be- fore that time there had notice;) during which period, on the several days thereof, the said , as such manufact- urer of cigars, there purchased divers quantities of leaf- tobacco, cigars, stems, scraps, clippings, waste and cigar-boxes, and manufactured divers large numbers of cigars, and sold, and removed for consumption or sale, and removed from his place of manufacture, divers quantities of leaf-tobacco, cigars, stems and cigar-boxes : And that the said , during the period aforesaid, so being such manufacturer of cigars, there unlawfully did willfully neglect to enter [§ 3390, R. S.] daily in the said book an accurate account of the several ar- ticles so by him purchased, consumed, manufactured, sold and removed respectively as aforesaid ; against, etc. No. 589 (2). was a person engaged in the manufacture of cigars. and as such was provided with the book, called Form 73, wherein to enter daily an accurate account of his doings as such manufacturer of cigars, as required by law ; the form of which book had theretofore been prescribed by the Commis- sioner of Internal Revenue of the said United States, whereof the said then and before that time there had notice: 32J: FOEMS ADAPTED TO CRIMINAL CASES. And that the said , so being such manufacturer, and having on that day there manufactured a large number of cigars, to wit, cigars, then and there unlawfully did [§ 3390, R. S.] willfully neglect to enter in the last-men- tioned book any account of the said cigars so by him manu- factured as last aforesaid ; against, etc. No. 689 (3). further present, that the said , on the • day of , in the year of our Lord eighteen hundred and , and from thence until and on the day of — , in the same year of our Lord eighteen hundred and ' , at aforesaid, in the district aforesaid, was engaged in the manufacture of cigars, and had the book, called Form 73, by law required to be kept by him as such manufacturer of cigars, wherein to enter daily an accurate account of the cigars by him manufactured, sold or removed ; and that the said , during the period aforesaid, to wit, on the ji/rst, second, third, fifth, sixth and seventh days of , in the year of our Lord eighteen hundred and , in the city and district afore- said, did manufacture, sell and remove divers large numbers of cigars, together amounting to fi/oe thousand cigars, and then [§ 3390, E, S.J and there unlawfully did willfully neglect to enter daily in the said book an accurate account of the said cigars so by him manufactured, sold and removed respectively ; against, etc. Indictment, on Sec. 3390, R. S., against a cigar-manufact- nrer, for neglecting to deliver an inventory to the collector of internal revenue, upon concluding busi- ness; with a count on Sec. 3387, R. S., (1 Supp. R. S., 2d Ed., 240, 865,) for manufacturing cigars without having given bond. No. 590 (1). present, that , late of the city of , in the- said district, before and on the day of , in the year of our Lord eighteen hundred and , at aforesaid, in CRIMES UNDER INTERNAL-REVENUE LAWS. 325 the district aforesaid and the In tern al-Ke venue Collec- tion-District of , was a manufacturer of cigars, and on that day concluded business as such manufacturer of cigars; whereby it then and there became and was by law the duty of the said to make and deliver to the Collector of Internal Revenue for the said collection-district a true inven- tory, in the form theretofore prescribed by the Commissioner of Internal Revenue, of the quantity of leaf-tobacco, cigars, stems, scraps, clippings and waste, and of the number of cigar- boxes and the capacity of each box, held or owned by him the said at the time of so concluding business as afore- said, setting forth what portion and kinds of such goods were manufactured or produced by him, and what were purchased from others, and to verify such inventory by his oath indorsed thereon; of the prescribing of the form of which inventory by the said Commissioner the said • then and before that time there had notice : And that the said then and there, so having concluded business as such manufacturer as aforesaid, unlawfully did refuse and willfully neglect to deliver to the said collector such inventory [§ 3390, R. S.J as aforesaid ; against, etc. ISTo. 591 (2). unlawfully did manufacture cigars, without first giving bond as required in Section Three Thousand [§ 3387, R. S.] Three Hundred and Eighty-Seven of the Revised Statutes of the said United States ; against, etc. Indictment, on Sec. 3397, R. S., (1 Supp. R. S., 2d Ed., 241,) for removing from a cigar-manufactory cigars not Iboxed or stamped; and for selling the same. No. 592 (1). unlawfully did remove from a certain cigar-manufac- tory there ^!!y cigars, not then and [§ 3397, R. S., as am.] there packed in any box or boxes, and without the proper stamp or stamps thereon denoting the internal-revenue tax on the same ; ' against, etc. 'An indictment under this section need not aver an intent to defraud, U. S. V. Jacoby, 12 Blatch. 491. 326 FORMS ADAPTED TO OEIMINAL OASES. No. 593 (2). ■ unlawfully did sell, and offer for sale, fifiy cigars not [§ 3397, R. S., as am.J properly boxed and stamped, that is to s&j, fifty cigars which then and there were not packed in a box or boxes previously unused for that purpose, and were not stamped with a stamp or stamps denoting the internal- revenue tax on the same cigars; against, etc. No. 594 (3). unlawfully did remove from a certain cigar-manufac- [§ 3897, R. S., as am.J tory there certain other cigars, to wit, five hundred other cigars, not then packed in a box or boxes,bearing respectively the proper stamp or stamps denot- ing the internal-revenue tax on the same cigars ; against, etc- Indictment, on Sec. 3397, R. S., (1 Supp. R. S., 2d Ed., 241,) for removing from a cigar-manufactory cigars not packed in unused boxes and not stamped ; and for sell- ing the same. ISTo. 595 (1). unlawfully did remove from a certain cigar-manu- factory there certain cigars, to wit, two hundred and fifty [§-3397, R. S., as am.] cigars, not then and there packed in. a box or boxes previously unused for that purpose, and with- out the proper stamp or stamps thereon denoting the" inter- nal-revenue tax on the said cigars ; against, etc. No. 596 (2). unlawfully did sell, and offer for sale, certain cigars not [§ 3397, R. S.] properly boxed and stamped, that is to say, two hundred and fifty cigars which then and there were not packed in a box or boxes previously unused for that purpose, and were not stamped with the proper stamp or stamps denoting the internal-revenue tax on the same cigars ; against, etc. CEIMES UNDBE INTEENAL-EEVENUE LAWS, 327 Indictment, on Sec. 3397, R. S., (1 Supp. R. S., 2d Ed., 241,) for removing from a cigar-manufactory cigars not packed in unused boxes, and without stamps thereon; and for selling cigars not properly boxed and stamped. No. 597 (1). unlawfully did remove from a certain cigar-manufao- tory there four hundred cigars, not [§ 3397, R. S., as am.] then and there packed in any box or boxes, and without the proper stamp or stamps thereon denoting the internal-revenue tax on the same ; against, etc. No. 598 (2). unlawfully did remove from a certain manufactory, and place where cigars were then made, there situate, /bw?" Jmndred other cigars which then and there were not packed in a box or boxes not previously used for that purpose, and were not stamped with an internal-revenue stamp or stamps denoting the internal-revenue tax on the same cigars : And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , at the time and place and in manner and form in this count aforesaid, did remove from a manufac- tory, and place where cigars were made, cigars not packed in a box or boxes as required by the [§ 3397, R. S., as am.J provisions of Chapter 7, Title XXXV, of the Eevised Stat- utes of the said United States, and without the proper stamp or stamps thereon denoting the internal-revenue tax on the same ; against, etc. No. 599 (3). unlawfully did sell, and offer for sale, four hundred other cigars which then and there were not packed in a box or boxes previously unused for that purpose, and were not Stamped with an internal-revenue stamp or stamps denoting the internal-revenue tax on the same cigars. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , at the time and place and in manner and form in this count aforesaid, did sell, [§ 3397, R. S., as am.J and oif er for sale, cigars not properly boxed and stamped ; against, etc. 328 FOEMB ADAPTED TO OEIMINAL CASES. Indictment, on Sec. 3397, R. S., (1 Supp. R. S., Sd Ed,, 241,) for selling cigars in boyes bearing false customs- stamps, and cigars not properly stamped ; with a count on Sec. 3403, R. S., for selling cigars, claimed to have been imported, without customs-stamps. No. 600 (1). unlawfully did offer for sale certain cigars,' to wit, ten thousand cigars, then purporting and claimed to be imported cigars, and packed in boxes each then and there bearing a false, fraudulent and re-used stamp for denoting the customs- duties payable to the said United States upon imported cigars : And so the grand jurors aforesaid, upon their oath aforesaid, [§ 3397, R. S., as am.J do say, that the said , in manner and form aforesaid, did offer for sale cigars not prop- erly boxed and stamped ; against, etc. No. 601 (2). — — unlawfully did offer for sale certain cigars, to wit, ten thousand cigars, then contained in boxes then bearing respect- ively stamps for denoting the internal-revenue tax payable to the said United States upon cigars, which stamps last afore- said had then been falsely and fraudulently altered, by ob- scuring and defacing certain words and figures to the said grand jurors unknown, in the "place for cancellation" on each of the same stamps, where (by regulation theretofore duly made and published by the Commissioner of Internal Revenue of the said United States in that behalf) should be written or imprinted the name of the proper manufacturer or importer, and the date of cancellation, and by imprinting in that place, on each of the same stamps, the words " " without date. And so the grand jurors aforesaid, upon their oath aforesaid, do say, that the said , in manner and [§ 3397, R. S., as am.] form in this count aforesaid, did offer for sale cigars not properly stamped ; against, etc. OEIMES UNDEE INTERNAL-REVENUE LAWS. 329 No. 602 (3). • unlawfully did sell and offer for sale certain cigars, to wit, ten tliousand cigars, purporting and [§ 3403, R. S.] claimed to have been imported into the said United States after the first day of April, in the year eighteen hundred and sixtj'-nine, and which, at the time when the same were so sold and offered for sale, were not put up in pacljages and stamped as provided by Chapter 7, of Title XXXV, of the Kevised Statutes of the said United States, that is to say, that the cigars last aforesaid, then contained in divers boxes, did not then have affixed thereon respectively the proper stamps for denoting the customs-duties payable to the said United States upon imported cigars ; against, etc. Indictment, on Sec. 3397, R. S., (1 Supp. R. S., 2d Ed., 241,) for Ibnying cigars on which the internal-revenue tax had not been paid; with a count on Sec. 3404, R. S., for purchasing and receiving for sale cigars not branded or stamped. No. 603 (1). feloniously did buy, receive and have in his possession five hundred cigars, on which the in- [§ 3397, R. S., as am.] ternal-revenue tax then by law imposed upon cigars had not been paid ; against, etc. No. 604 (2). feloniously did buy, receive, and have in his possession fime hundred other cigars, on which [§ 3397, R. S., as am .J the internal-revenue tax to which the same were then, liable had not then been paid ; against, etc. No. 605 (3). unlawfully did purchase and receive for sale jme hun- dred other cigars, which had not then been [§ 3404, R. S.] branded or stamped according to law; against, etc' 'As to indicting for jieualties, see No. 115, note. 330 FOEMS ADAPTED TO CRIMINAL CASflS. Indictment, on Sec. 3406, E. S., for neglecting to destroy the stamps on emptied cigar-boxes. No. 606. having then and there in — h — hands f/oe boxes then and there containing cigars, and stamped with the proper stamps respectively for denoting the internal-revenue tax on the said cigars, did empty the said boxes, and then and there [§ 3406, E. S.J unlawfully did willfully neglect to destroy utterly the said stamps thereon ; against, etc. Indictment, on Sec. 3406, R. S., for neglecting to destroy the stamps on emptied cigar-boxes. No. 607. did have in — h — hands foriy boxes, each then and there containing cigars, and bearing a stamp denoting the in- ternal-revenue tax on such cigars ; which said boxes were then and there emptied ; and that the said then and there {§ 3406, E. S.] unlawfully and willfully did neglect to de- stroy utterly the said stamps respectively, at the time the said boxes were so emptied respectively as aforesaid ; against, etc. Indictment, on Sec. 3406, R. S., for neglecting to destroy the stamps on emptied cigar-boxes. No. 608 (1). having then and there in — h — hands a large number of boxes, to yrS-t^five hundred boxes, each then and there bear- ing a stamp for denoting the internal-revenue tax on cigars, which said boxes before that time had contained cigars, and [§ 3406, E. S.] had been emptied, unlawfully did" willfully neglect to destroy utterly the said stamps on the said boxes; against, etc. CRIMES UNDEE INTEENAL-EEVBNUE LAWS 331 No. 609 (2). further present, that heretofore, to wit, on, etc., at, etc., certain stamped boxes containing cigars, to ^it, five hun- dred boxes, each then and there bearing a stamp of the said United States for denoting the internal-revenue tax on cigars, were emptied, and so being emptied, and bearing stamps as aforesaid, were then and there in the hands of the said ; and that the said ■ then and there unlawfully did willfully neglect to destroy utterly the [§ 3406, R. S.] said stamps on the boxes last aforesaid, — against, etc. Indictment, on Sec. 3406, R. S., for buying and accepting from another empty stamped cigar-boxes ; and for neg- lecting to destroy such stamps; and for using such boxes for packing cigars. No. 610 (1). unlawfully did fraudulently buy, and accept from some person or persons to the said grand jurors unknown, four boxes which before then had contained [§ 3406, R. S.J cigars, and had been emptied, and which were each then and there stamped with a stamp for denoting the internal-revenue tax on cigars ; against, etc. No. 611 (2). having in — h — hands /bwr other boxes which had con- tained cigars, and had been emptied, and which were each then and there stamped with a stamp for denoting the in- ternal-revenue tax on the said contents thereof, unlawfully did willfully neglect to destroy utterly the said stamps on the last-mentioned empty stamped cigar-boxes [§ 3406, R. S.J respectively; against, etc. No. 612 (8). unlawfully did use, for packing cigars, a certain other box which theretofore had contained cigars, and had been emptied of such cigars, and then and there [§ 3406, R. S.] 332 POEMS ADAPTED TO CRIMINAL CASES. bore an internal-revenue stamp for denoting the tax on the said cigars of which the said box had been so emptied ; against, etc. Indictment, on Sec. 3451, R. S., against one for simulating, and executing in the name of, another person a bond required by the internal-revenue laws ; and against an- other for aiding and advising the same to be done. No. 613. (A B ) unlawfully did fraudulently simulate and pretend to be J M , of No. ^W West 8i/reet, in aforesaid, and by and under that name and descrip- tion did fraudulently execute and sign, as a surety, a certain [§ 3451, E. S.] bond and document then required by the pro- visions of the internal-revenue laws of the said United States, that is to say, a certain bond of one B C , as a cigar- manufaotv/rer, to the said United States, in the sum of dollar,s, and bearing date of the day and year last aforesaid ; he the said A B not then being J M. , and not then residing or doing business at No. 2W West Street, in aforesaid : And that C D , late of the same city, on the day and year last aforesaid, within the city and district aforesaid, unlawfully did procure, advise and aid the said [§ 3451, K. S.] A B so fraudulently to simulate and pretend as aforesaid, and so fraudulently to execute and sign the bond and document aforesaid ; he the said ■_ D then well knowing the said A B not to be J M , and not to be then residing or doing business at No. West Street, in aforesaid : Against, etc. MISCELLANEOUS OFFENSES. Indictment/ on Sec. 5188, R. S., for uttering and using a business card in likeness of a national-bank note. No. 614. unlawfully did utter and use a certain business card and advertisement in the likeness and simili- [§ 5188, K. S.J tude of a circulating note of a banking-association organized under the laws of the said United States, that is to say, in the likeness and similitude of a national-bank note, of the denom- ination of dollars, issued under Title LXII. of the Ee vised Statutes of the said United States ; against, etc. Indictment,^ on Sec. 3708, R. S., for uttering and using a business card in the likeness of a United-States note or " greenback." No, 615. unlawfully did utter, circulate and use a certain busi- ness card, circular and advertisement in the [§ 3708, R. S.] likeness and similitude of an obligation emitted by the said United States under the acts of Congress concerning the public debt, that is to say, in the likeness and similitude of the obligation of the said United States called a United- States note, or "greenback," of the denomination of dol- lars; against, etc. 1 As to indicting for penalties, see No. 115, note ; and especially U. S. v. Laeseki, 39 F. R. 699, holding that Sees. 3708 and 5188, R. S., do not author- ize an indictment. »See No. 614, note. 334: FOEMS ADAPTED TO OEIMINAL CASES. Indictment, on Sec. 1 of the Act of Mar. 3, 1875, (1 Supp. R. S., 2d Ed., 88,) for stealing money and postage- stamps belonging to the United States. No. 616 (1). - — - one hundred pieces of copper coin, called one-cent pieces, of the minor coinage of the said United States, of the value of one dollar, forty-nine postage-stamps, (of the kind authorized and provided by the Post-OflBce Department of the said United States,) each of the denomination and value of two cents, and one brass dating-stamp, of the moneys^ goods, chattels and property of the said United States then [Sec. 1, Act Mar. 3, 1875.J and there being, feloniously did purloin, steal, take and carry away ; against, etc. No. 61T (2). feloniously did purloin, steal, take and carry away [Sec. 1, Act Mar. 3, 1875.] divers postage-stamps, (of the kinds authorized and provided by the Post-OfBce Department of the said United States,) that is to say, forty-nine postage- stamps, each of the denomination and value of two cents, and forty-five postage-stamps, each of the denomination and value of one cent, of the stamps, goods, chattels and property of the said United States; against, etc. Indictment, on Sec. 5209, R. S., against the cashier of a. national bank, for issuing a certificate of deposit and drawing bills of exchange, without authority from the directors ; for making false entries in reports to the Comptroller of the Currency; for misapplying the moneys of the bank by paying his own debts with them and lending them to himself; and for embezzling and abstracting the moneys, funds and credits of the bank. No. 618 (1). was cashier of the Mrst National Bank of M- banking-association there before that time established and then existing under and by virtue of the laws of the said MISCELLANEOUS OFFENSES. 335 United States concerning national banks ; and that the said , so being cashier of the said banking-association, then and there, without authority from the [§ 6209, R. S.] directors thereof, unlawfully did issue and put forth a certain certificate of deposit of the said banking-association, that is to say, a certificate of deposit, bearing date of the day and year aforesaid, for the sum of dollars, payable six months after that date to the order of one "W M. G ; he the said thereby then and there intending to injure and defraud 1 the said banking-association; against, etc. No. 619 (2). was cashier of the I^irst National Bank of M , a banking-association there before that time and then estab- lished and existing under and by virtue of the laws of the said United States concerning national banks ; and that the said , so being such cashier, then and there, with intent to injure and defraud the said banking-asso- [§ 5209, R. S.] elation, unlawfully did draw a certain bill of exchange of the said banking-association, without authority from the directors thereof, that is to say, a certain bill of exchange, bearing date of the day and year last aforesaid, on the N P Bank, of JVew York, for the sum of dollars, in current funds, payable thiriy da/i/s after that date to the order of H C ; against, etc. No. 620 (3). further present, that the said , before and on the day of , in th'e year of our Lord eighteen hun- dred and , and thenceforth until and on the day of , in the same year, at M aforesaid, in the district afore- said, was cashier of the Mrst National Bank of M , the same being before and during that period an association there organized and existing under and by virtue of the laws of the said United States concerning national banks ; and that the said association, on the day last aforesaid, there made ' iSee U. S. V. Britton, 107 U. a 655. 336 FORMS ADAPTED TO CEIMINAL CASES. and transmitted ' to the then Comptroller of the Currency of the said United States a certain report ^ of the condition of the said association at the close of business on the said day of , in the same year eighteen hundred and , according to a certain form theretofore prescribed by the Comptroller of the Currency of the said United States for the time being, — the same being a report which it was there and then, to wit, on the said day of , in the same year, by law the duty of the said association to make and transmit to the said Comptroller, to wit, one of the five reports before that time and then required by law to be made in each year b}' every such association, and being then and there verified by the oath of the said cashier of the same association, and attested by the signature of three of the then directors thereof.' And the grand jurors aforesaid, upon their oath aforesaid, do further* present, that the said , so being cashier of the said association, on the said day of , in the year eighteen hundred and , within the city and district afore- [§ 5209, E. S.J said, unlawfully did make certain false entries in the said report so made as aforesaid, that is to say, a false entry to the effect that at the close of business on the said ■ day of , in the same year eighteen hundred and , the amount due to the said association from approved reserve- agents was dollars and cents, — whereas in truth the amount then due to the said association from approved reserve-agents was a different and much smaller sum of money ; and another false entry to the effect that the amount then due to the said association from the M N Bank of C was dollars and cents, — whereas in truth the amount then due to the said First National Bank of M from the said M N Bank of C was a different and much smaller sum of money; and another false entry to the effect 1 Not necessary to allege transmittal. V. S. v. Potter, 56 F. R 83. 2 See Sec. 5311, R S., and Act of Feb. 26, 1881, 1 Supp. R S., 2d Ed., 3ia The report need not be set out in the indictment. U. S. v. French, 57 F. R 382. ' It is not necessary to aver that the report had been called for by the Comptroller. U. S. v. Hughitt, 45 F. R 47. That verification of the report should be alleged, see U. 8. v. Potter, 56 Id. 97. < See No. 6, note 14. MISCELLANEOUS OFFENSES. 337 that the amount then due to the said First Ifational Bank of M from the U N. Bank of was dollars and cents, — whereas in truth the amount then due to the said First National Bank of M from the said U N Bank of C was a different and much smaller sum of money ; he the said then and there, to wit, at the time and place of so making the said false entries in the said report as aforesaid, thereby intending to injure and defraud the said First National Bank of M , and one W P. P and divers other persons (too numerous to be here named [or, whose names are to the said grand jurors un- known] '), then shareholders thereof, and to deceive the then president and directors of the same bank, and the said Comp- troller of the Currency : ' against, etc. No. 621 (4). further present, that the said , before and on the day of , in the year of our Lord eighteen hun- dred and , and thenceforth until and on the day of , in the year of our Lord eighteen hundred and , at M aforesaid, in the district aforesaid, was cashier of the Mrst National Bank of M , the same being before and during that period an association there organized and exist- ing under and by virtue of the laws of the said United States concerning national banks ; and that the same association, on "the day last aforesaid, pursuant to a request ' theretofore re- ceived by it from the Comptroller of the Currency of the said United States for the time being, there made and transmitted to the then Comptroller of the Currency of the said United States a certain report of the condition of the same associa- tion at the close of business on the said day of , in the year eighteen hundred and , according to a certain form theretofore prescribed by the Comptroller of the Cur- rency of the said United States for the time being, — the same report being there and then, to wit, on the said ■ day of 'See D. S. v. Potter, 56 F. R 83. •Notwithstanding U. 8, v. Bartow, 10 Id. 874; see U. S. v. French, 57 Id. 382, and cases cited. 1 See No. 620, note 3. 23 338 FOEMS ADAPTED TO OEIMINAL CASES. , in the year eighteen hundred and , one of the Sto reports before that time and then required by law to be made and transmitted to such Comptroller in each year by every such association, and being then and there verified by the oath of the said cashier of the same association, and attested by the signature of three of the then directors thereof. And the grand jurors aforesaid, upon their oath aforesaid, do further present, that the said , so being cashier of the same association, on the said day of , in the year eighteen hundred and , at M aforesaid, in the district afore- said, unlawfully did make certain false entries in the said [§ 5209, R. S.] report so made as last aforesaid, that is to say, an entry to the effect that at the close of business on the gaid day of , in the year eighteen hundred and , there was due to the same association from approved reserve- agents the sum of , which entry was and is false, in this, that there was not then due to the same association from approved reserve-agents that sum of money, or any such sum of money ; and another entry to the effect that there was then due to the same association from the U N Bank of C the sum of , — which entry was and is false, in this, that there was not then due to the said First National Bank of M- from the said U IS" Bank of C that sum of money, or any such sum of money ; and another entry to the effect that there was then due to the said First National Bank of M from the C N Bank of C the sum of , — which entry was and is false, in this, that there was not then due to the said First National Bank of M from the said N Bank of C that sum of money, or any such sum of money ; he the said then and there, to wit, at the time and place of so making the said false entries in the last-mentioned report as aforesaid, thereby intending to injure and defraud the said First National Bank of M , and one N B and divers other persons (too numerous to be here named), then shareholders thereof, and to deceive the then Comptroller of the Currency of the said United States, and one J M , then president of the same bank, and J N. B , J- S , J C , D B and J M. J , then directors of the same bank; against, etc. MISCELLANEOUS OFFENSE^. 339 JSTo. 622 (5). was cashier of the First National Bank of M , a banking association there before that time organized and then existing under and by virtue of the laws of the said United States concerning national banks, and was then and there personally indebted in a large sura of money, to wit, dollars, to certain persons then trading under the style and firm-narae of S , H ■ & Company; and that the said , so being cashier of the association last aforesaid, and so being personally indebted as aforesaid, then and there, with intent to injure and defraud the same association, and one W H. M and divers other persons (too numerous to be here named), then shareholders thereof, unlawfully did willfully transfer and pay over, and cause to be transferred and paid over, to the said persons trading under the style and firm-name of S , H & Company, out of the proper moneys, funds and credits of the same association, a large sum of money, to wit, dollars, in payment of the said personal^ debt of him the said , the same not then and there being in any wise a debt or obligation of the said First National Bank of M ; and that thereby the said then and there, with intent as in this count afore- said, being cashier of the association last mentioned, did will- fully misapply a part of the moneys, funds [§ 5209, R. S.J and credits of the same, — against, etc. No. 623 (6). was cashier of the First National Bank of M , an association then and there existing as a national bank under and by virtue of the laws of the said United States ; and that the said , so being such cashier, then and there, with intent to injure and defraud the same association, and one J N. B and divers other persons (too numerous to be here named), then shareholders thereof, unlawfully did draw 'The indictment should show that the payment was unlawful and not in the interest of the association. J7. 8. v. Eno, 56 F. R 218. It is not essential that it should be alleged that the acts charged were done without the knowledge and assent of the directors. lb. 340 FORMS ADAPTED TO CRIMINAL CASES. [g 5209, R. S.] a certain other bill of exchange of the same association, without authority from the directors thereof, that is to say, a certain bill of exchange, bearing date of the day and year last aforesaid, on the U N Bank of C , for the sum of dollars, in current funds, payable to the order of certain persons under the style and designation of S •, H & Co. ; against, etc. No. 624 (7). being then and there cashier of a banking-association organized and existing under the laws of the said United States, to wit, the First National Bank of M , did by virtue of his said oflBce, and while he was employed therein, have, receive, and take into his possession divers notes of the na- tional-bank currency of the said United States, to the amount and of the value of twenty thousand dollars, and divers United- States notes, treasury-notes, legal-tender notes and silver- certificates, of the paper currency emitted by the said United States, to the amount and of the value together of twenty thousand dollars, and divers gold coins and silver coins of the coinage of the said United States, to the amount and of the value together of twenty thousand dollars, and divers bills of exchange for the payment of money, to the amount and of the value of twenty thousand dollars, and divers checks for the payment of mone}^, to the amount and of the value of tvmity thousand dollars, and divers certificates of the deposit of money, called certificates of deposit, to the amount and of the value of twenty thousand dollars, and divers promissory notes for the payment of money, to the amount and of the value of twenty thousand dollars, of the property, moneys, funds and credits of the same banking-association then and there being; and the said the same national-bank notes, notes of the paper currency emitted by the said United States, gold coins, silver coins, bills of exchange, checks, certificates of de- posit and promissory notes then and there unlawfully and [§ 5209, R. S.J feloniously did embezzle, and abstract ' from the banking-association last aforesaid, with intent to injure and defraud the same banking-association, and one J 1 See U. S. V. Northway, 130 U. S. 327. MISCELLANEOUS OFFENSES. 341 M and one J K B and divers other individual persons (too numerous to be here named), then shareholders thereof, — against, etc.^ No. 625 (8). was cashier of a banking-association there before tliat time established and then existing under the laws of the said United States concerning national banks, to wit, the Fii'nt National Bank of M , and then and there bj' virtue of his said oflBce, and while he was employed therein, had in his possession and under his control certain moneys, funds and credits of the same banking-association, to a large amount and of great value, to wit, to the amount and of the value of one hundred and fifteen thousand dollars, then and there being; the particular kinds, descriptions, numbers, amounts and values of which last-mentioned moneys, funds and credits respectively the grand jurors aforesaid have no means of knowing, and therefore cannot here set forth: And that the said , so being cashier of the bankinr^-association last aforesaid, and so having in his possession and under his control the moneys, funds and credits last aforesaid, then and there, with intent to injure and defraud the same banking-association, and one J— — S and one J C and divers other individual per- sons (too numerous to be here named), then shareholders thereof, unlawfully and feloniously did em- [§ 5209, B. S.] bezzle the same moneys, funds and credits, and abstract those moneys, funds and credits from the same banking-association ; against, etc. ; [or, unlawfully did wilfully misapply the same moneys, funds and credits, by willfully and [§ 6209, R. S.J wrongfully converting and applying the same to the personal and private uses and purposes of him the said , and lending the same to himself, without authority ^ from the di- rectors of the same banking-association, and without any proper authority whatsoever; against, etc.]. 2 A count similar to this was held to be a sufficient description of the crhne, in Claassen v. U. S., 142 U. S. 140. See L. S. v. Means, iH F. R 599. 1 See No. 632, note. 3i2 rOEMS ADAPTBD TO CRIMINAL CASES. Indictment; on Sec. 5209, R. S., against the president of a national bank, for embezzling, abstracting and misap- plying its funds. No. 626 (1). was president of the Central National Bank, of C , a banking-association theretofore organized and established and then and there existing and in operation under and by virtue of the laws of the said United States concerning na- tional batiks ; and that the said — — then and there, so being president of the said banking-association as aforesaid, certain of the moneys, funds and credits of the said banking- association, then and there being, to the amount and of the value of , unlawfully did embezzle, abstract and willfully [§ 5309, B. S.] misapply, by unlawfully and willfully con- verting the same to his the said 's own use : against, etc. No. 627 (2). was president of the Central National Bank, of C , a banking-association theretofore organized and established and then and there existing and in operation under and by virtue of the laws of the said United States concerning na- tional banks ; and that the said then and there, so being such president of the said banking-association as afore- said, certain other moneys, funds and credits of the said bank- ing-association, then and there being, to the amount and of the value of , unlawfully did embezzle, abstract and willfully [§ 5209, R. S.] misapply, by unlawfully and willfully con- verting and applying the same to the personal and private uses and purposes of him the said , and lending' the same to himself, without authority from the directors of the said banking-association, and without any proper authority whatsoever: against, etc. 1 Kxact sum stated need not be proven. V. S. v. Harper, 33 F. R. 471, MISCELLANEOUS OFFENSES. 343 No. 628 (3). was president of the Central National Bank, of C , a banking-association theretofore organized and established and then and there existing and in operation under and by virtue of the laws of the said United States concerning na- tional banks; and that the said , so being president of the said banking-association, then and there, with intent to injure and defraud the said banking-association and divers persons to the said grand jurors unknown, certain other moneys, funds and credits of the said banking-association, then and there being, to the amouHt and of the value of — — , unlawfully did embezzle, abstract and willfully misappl}', by unlawfully and willfully converting and ap- [§ 5209^ R. S.] plying the same to the personal and private uses and purposes of him the said , and lending the same to himself, without authority from the directors of the said banking- association, and without any proper authority whatsoever: against, etc. No. 629 (4). was president of the Central National Bank, of C , a banking-association then and there duly organized and ex- isting under and by virtue of the laws of the said United States, as a national bank; and that by virtue of his said oflBce, and while he was employed therein, the said then and there had in his possession and under his control certain other moneys, funds and credits of the said banking- association, then and there being, to a large amount and of great value, to wit, to the amount and of the value of , — the particular kinds, descriptions, numbers, amounts and values of which last-mentioned moneys, funds and credits respect- ively the grand jurors aforesaid have no means of knowing, and therefore cannot set forth in this indictment: And that the said , so being president of the said banking- association, and so having in his possession and under his con- trol the moneys, funds and credits last aforesaid, then and there, with intent to defraud the said banking-association and divers persons to the said grand jurors unknown, unlawfully did embezzle, abstract and willfully misapply [§ 6209, R. 8.] the same moneys, funds and credits, and convert the same to his own use ; against, etc. FORMS ADAPTED TO CIVIL CASES. ADMIRALTY. Libel of information/ on Sees. 4465-4499/ R. S., to recover a penalty, against a steam-vessel whose owners have carried passengers thereon, when not allowed to do so hy the certificate of inspection. No. 630. To the Judge of the District Court of the United States of America for the Northern District of : T E. M , Attorney of the said United States for the district aforesaid, who for the said United States in this ' It seems to be a rule that the sovereign does not accuse or complain per- sonally or directly in legal proceedings. Whether this arose from a notion of his dignity, or, as would appear more probable, from a notion that it would be unseemly for him to accuse or complain directly in his oiai court, the rule seems to be one of general application. In indictments, " The grand jurors for our lord the king upon their oath present ; " in minor criminal causes, and in penal actions, the " Attorney General of our lord the king, who for our said lord the king in this behalf prosecutes, comes into the court here, etc., and for our said lord the king gives the court here to understand and be informed ; " in cases of municipal seizure, which ai'e civil proceedings, though to enforce a forfeiture, (those of seizure on land, etc., being of common-law or exchequer jurisdiction, and those of seizure on the high seas, etc., being of admiralty jurisdiction — Conkling's Treatise, 5th Ed., 541, and 881, note ; The Sarah, 8 Wheat 391,—) the proper law- officer, for the sovereign, in like manner " informs " the court ; in a proceed- ing in the nature of a quo warranto, which is neither criminal nor penal' but in most cases merely a suit to try a question of legal right, the pleading is similarly an information ; and in equity the bill Is in tlie shape of an in- formation by the Attorney General, "who for om- lord the king in this behalf prosecutes." No precedent can be found, in England, where the 2 " The penalty prescribed by Section 4499, Rev. St. U. S., for a failure to comply with any of the provisions of title 53 of the Revised Statutes in navigating a steam-vessel, is incurred by any such failure, although some other penalty may be prescribed by the section or provision thus violated." The Idaho, 39 F. R. 187. 348 FORMS ADAPTED TO CIVIL CASES. behalf prosecutes, for the said United States exhibits this his libel of information against the screw-steamer Mariel, her engine, boats, tackle, apparel and furniture, and against all persons lawfully intervening for their interest therein: And thereupon the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States doth allege, and give your honor to understand and be informed, that on the day of , in the year eighteen hundred and — — , at ' the city and port of , in the Northern District afore- sovereign appears directly as accuser, plaintiff, or complainant, in any pleading, in any suit or proceeding whatever; and the law has not been changed in this respect in the United States. Suits of the classes above mentioned are entitled, docketed and treated as '' The King vs. John Doe," or " The United States vs. Richard Roe," or " The United States vs. Fifty Barrels of Distilled Spirits." The pleading is simply by the law-ofiBcer, for the sovereign. Where a statute gives an action of debt qui tarn, and the informer sues, the statement of the cause of action is a declaration ; but if there is no in- former, and the proper law-officer chooses to sue, for the government, the pleading is called an information, and the proceeding is sometimes called an " information of debt" The suit remains an action of debt, but the form of the pleading is changed. Attention is called to the two precedents in 2 Chit PI., on pages 713 and 713, respectively. That on page 712 is in a suit by a private person, against the owner of a ship, for damage caused to the plaintiff's vessel by the neg- ligence of the defendant's servants in navigating his ship. In this case the pleading is of course a declaration. The other precedent, on page 713, is in a precisely similar case, except that the sovereign sues ; and the complaint is made by the law-officer of the crown, " who for our lord the king in this behalf prosecutes," and such complaint is called an information. Both suits are actions on the case ; the only difference is that in one instance the statement of the cause of action is called a declaration, and in the other an information. The precedent on page 713 gives names of Attorney General, vessels, owners, place, etc., and is undoubtedly taken from an actual suit This, as well as the fact that the precedent appears in Chitty, shows that in Eng- land the pleading in such a case was an information ; and no statute or de- cision has established a different rule in this country. While a declaration might be a not improper form of pleading in a case where the sovereign sues, an information is in such a case clearly proper. 3 "All informations and libels of information upon seizures for any breach of the revenue, or navigation, or other laws of the United States, shall state the place of seizure, whether it be on land or on the high seas, or on navi- gable waters within the admiralty and maritime jurisdiction of the United States, and the district within which the property is brought and where it then is. The information or libel of information shall also propound in dis- ADMIRALTY. 349 said and the collection-district of , on waters within ad- miralty and maritime jurisdiction, J M. C , then and still Collector of Customs .for the port and collection-district aforesaid, did seize the said sorew-steamer Mariel, her engine, boats, tackle, apparel and furniture, and now holds the same in his custody, within the judicial and collection districts aforesaid, as liable to condemnation and sale for the causes following, to wit : 1. For that the said sorew-steamer Mariel, on the day of , in the same year eighteen hundred and , (the same not then being a public vessel of the said United States, or a vessel of another country, or a vessel propelled in whole or in part by steam for navigating canals, or a ferry-boat,) was a vessel propelled by steam, and navigating waters then being common highways of commerce among the several states of this Union, and open to general and competitive navigation, that is to say, the waters of Lake Michigan and Ihe Chicago river and harhor; and the said steam-vessel was then provided with a certificate of inspection, then in force, and granted by the proper local inspectors of steam-vessels, pursuant to the statute in such case made and provided, in and by which said certificate the said vessel was not allowed to carry any passengers whatsoever : And the owners of the said steam-vessel then unlawfully did take on board thereof, and carry on the same, a large number of passengers, to wit, fifteen passengers ; contrary ' to the form of the statute in such case made and provided : Whereby, and by force of the said statute, the owners of the said steam-vessel became liable to the said United States in a penalty of five hundred dollars ; and the said steam-vessel and her appurtenances became and are liable to condemnation and sale for the payment of such penalty. And the said Attorney of the said United States, who pros- tinct articles the matters relied on as grounds or causes of forfeiture, and aver the same to be contrary to the form of the statute or statutes of the United States in such case provided, as the case may require, and shall con- clude with a prayer of due process to enforce the forfeiture, and to give notice to all persons concerned in interest to appear and show cause at the return-day of the process why the forfeiture should not be decreed." — 33d Admiralty Rule, 4 See The Idaho, 39 F. E. 187 ; No. 635, post, note 1. 350 FOKMS ADAPTED TO CIVIL CASES. ecutes as aforesaid, for the said United States says that all and singular the premises are true : Wherefore he for the said United States prays that due process of law may issue against the said screw-steamer Mariel, her engine, boats, tackle, apparel and furniture, and requiring notice to be given to all persons concerned in interest to appear on the return-day of such pro- cess, and show cause, if any they have, why such condemna- tion and sale should not be decreed. United-States Attorney. Attacbment and monition to be issued npon the iiling of a libel. No. 631. THE PRESIDENT OF THE UNITED STATES OF AMERICA, To the Marshal of the Northern District of , — Greeting : "Whereas a libel of information has been filed in the District court of the said United States for the said Northern District of , on the day of , in the year of our Lord eighteen hundred and , by — , United-States At- torney for the said district, on behalf of the said United States, against the , \h-er'\ boats, tackle, apparel and fur- niture, for reasons and causes in the said libel mentioned, and praying the usual process and monition of the said court in that behalf to be made, and that all persons having or pre- tending to have any right, title or interest therein may be cited to appear and answer all and singular the matters in the said libel articulately propounded, and that this court would be pleased to pronounce for the sum of dollars, the pen- alty mentioned in the said libel : You are therefore commanded, to attach the said , \]ier'\ boats, tackle, apparel and furniture, and to detain the same in your custody until the further order of this court respecting the same; and to give notice, by publication' for fourteen days previous to the day of trial, and by notice posted in the most public manner, for the space of fourteen days, at or near 'See the 9th Admiralty Rule. ADMIRALTY. 351 the place of trial of such seizure or libel, to all persons claim- ing the said , [her] boats, tackle, apparel and furniture, or knowing or having anything to say why this court should not pronounce against the same, according to the prayer of the said libel, , and that they be and appear before the said court, to be holden in and for the said Northern District of , at the United-States Court-House, in the city of , in the same district, on the first Monday in next, if that be a day of jurisdiction, and if not, then on the first day of jurisdiction thereafter, at 10 o'clock in the forenoon of that day, and then and there to interpose a claim to the same, and to make their allegations in that behalf. And of what you shall have done in the premises do you then and there make return, together with this writ. Witness the Honorable , Judge of the said court, and the seal thereof, this day (L. S.) of , in the year of our Lord eighteen hun- dred and , and of the independence of the said United States the year. , Clerk. Claimant's stipulation for costs.' No. 632. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF . Term, A. D. 189-. Whereas a Zz'SeZ of informMion -^&5 filed in this court on the day of , A. D. 189-, by , District At- torney, on lehalf of the United States of America, against the boats, tackle, apparel and furniture, for the reasons and causes in the said libel mentioned; and whereas a claim has been filed in the said cause by , and the said claimant, and , of , in the said district, his suret — , the parties hereto, hereby consenting and agreeing that in case of default or contumacy on the part of the said claimant-, or his suret — , execution may issue against their goods, iSee 26th Admiralty Rule. 352 FOKMS ADAPTED TO CIVIL CASES. chattels and lands, for the sum of two hundred and fifty dollars : Now, therefore, it is hereby stipulated and agreed, for the benefit of whom it may concern, that the stipulators under- signed shall be, and are, bound in the sum of two hundred and fifty dollars, conditioned that the claimant above named shall pay all such costs as shall be awarded against him by this court, or, in case of appeal, by the appellate court. Taken and acknowledged this day of , A. D. 189-, before me. Y IT. S. Commissioner. Northern District of , set ) parties to the above stipulation, being duly sworn, each for himself deposes and says, that he resides in the Northern District of , and is worth the sum of five hundred dol- lars, over and above all his debts and liabilities. Sworn and subscribed this day of , A. D. 189-, before me. TJ. S. Commissioner. libel, on Ibehalt of the United States, against a vesselyfor damages caused by collision of the vessel with a break- water-crib.' No. 633. To the Judge of the District Court of the United States of America for the District of : W G. E , Attorney of the said United States for the district aforesaid, who for the United States in this behalf prosecutes, for the said United States exhibits this his libel and complaint against the schooner Two Fannies, her boats, 1 See No. 704, 'post. This form may, by suitable alterations, be adapted to a case where the question of jurisdiction, involved iu the collision of a vessel with an object fixed to the land, cannot be raised ADMIRALTY. 353 taclile, apparel and furniture, and against all persons lawfully intervening for their interest therein, in a cause of collision, civil and maritime: And thereupon the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States doth allege, articulately propound, and give your honor to understand and be informed, as follows, to wit: 1. That the said United States, at the time of the occurring of the collision and damage hereinafter mentioned, were law- fully possessed, as of their own property, of a certain crib for constructing the outer breakwater of the harbor at , and then about to be sunk and fixed in its proper place for that purpose. 2. That the said schooner Two Fannies is a vessel of more than twenty tons' burden, and, at the time when the said col- lision and damage occurred, was enrolled atid licensed for the coasting-trade, and employed in commerce and navigation between ports and places in different states of this Union, on, the great lalces and the waters connecting the same. 3. That on the day of , in the year eighteen hun- dred and — ^, the said schooner was navigating and sailing on the waters of Lalce and the harbor aforesaid, near to the said crib and breakwater, and was then and there under the care, direction and management of certain persons to the said Attorney as yet unknown ; and the said persons so hav- ing the care, direction and management of the said schooner then and there so negligently and unskillfully managed, con- ducted and directed the said schooner, and took such bad care in the navigating and steering thereof, that the said schooner then and there, by and through the mere default, negligence and unskillfulness of those persons, did with great force and violence run foul of, upon and against the said crib, and struck against the same. 4. That by means and in consequence of the said collision^ the said crib was then and there greatly broken, crushed and damaged ; and the said United States were compelled and did lay out and expend divers large sums of money in and about the repairing and restoring of the said crib, and were greatly hindered and delayed in sinking and fixing the same, and in constructing the breakwater aforesaid: Whereby the said 33 354 FORMS ADAPTED TO CIVIL CASES United States have been injured and have sustained damage to a large amount, to wit, the amount of two hundred dollars. 5. That the said schooner is now lying in the port of , within the jurisdiction of this court. And the said Attorney of the said United States, who prose- cutes as aforesaid, for the said United States says, that all and singular the premises are true, and that the said collision and damage occurred within the admiralty and maritime ju- risdiction of the said United States and of this court : Where- fore he for the said United States prays that a writ of attach- ment and monition in due form of law, according to the course of this court in such cases, may issue against the said schooner Two Fannies, her boats, tackle, apparel and furniture; and that all persons having any interest in the same may be cited to appear, and answer all and singular the matters aforesaid ; and that this court may decree the payment of the dam- ages aforesaid, to wit, the sum of two hundred dollars, with in- terest and costs ; and that the said schooner may be condemned and sold to pay the same; and that the said United States may have such other and further relief as in law and justice they may be entitled to receive. W G. E , United-States Attornev. Declaration in debt, on Sec. 4465, R. S., against the master of a steam-vessel, for taking on hoard a greater num- ber of passengers than was stated in the certificate of inspection. ISTo. 634. > For that whereas heretofore, to wit, on the day of , in the year eighteen hundred and , a certain ves- sel propelled by steam,^ called the , was a passenger- steamer navigating waters then being common highways of commerce among the several states of this Union, and open to general and competitive navigation, that is to say, the waters of and the Kiver and harbor, to wit, in ■ Mutatis mutandis, begin as in No. 683, post, 2SeeSec. 4399, R.S. ADMIRALTY. 355 the District of ; and the said steam-vessel, the same not then and there being a public vessel' of the United States of America, or a vessel of another country, or a vessel propelled in whole or in part bj- steam for navigating canals, was then and there provided with a certificate of inspection, then in force, granted by the local inspectors of steam-vessels for the collection-district of (being the collection-district in which the said steam-vessel was at the time of such inspection,) pursuant to the statute^ in such case made and provided ; in which said certificate the whole number of passengers of all classes which the said steam-vessel might carry was stated to be one hvndred: And the said defendant, then and there being master of the said steam-vessel, then and there unlawfully did take on board of the said steam-vessel a greater number of passengers, to wit, more passengers, than the number so stated in the said certificate of inspection as aforesaid; con- trary' to the form of the statute in such case made and pro- vided: By means whereof, and by force of the same statute, the said defendant forfeited and became liable to pay to the said plaintififs, and an action has accrued to them to demand and have of the said defendant, the sum of ten dollars for each passenger so by him taken on board of the said si.eam- vessel be3'ond the said number so allowed by the said certifi- cate as aforesaid, together amounting to the sum of dollars above demanded. Yet the said defendant, though re- quested, has not paid to the said plaintiffs that sum of money, or any part thereof, but refuses so to do ; to the damage of the said plaintiffs of ten dollars, and therefore they bring their suit, etc. , United-States Attorney. sSeeSec. 4400, RS. * See Sees. 4421 and 4433, R a 6 See The Idaho, 29 F. R, at p. 189. 356 FORMS ADAPTED TO CIVIL OASES. Information, on Sees, 4233 and 4234, R. S., against a ves- sel, to recover penalties for violations of navigation laws, in not carrying the proper light. No. 635. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF . Of the Term, in the year eight- een hiindred and . Northern District of , I Northern Division, \ set. — Be it remembered that W" G. E , Attorney of the United States of America for the Northern District of , who for the said United States in this behalf prosecutes, comes in person into the Dis- trict Court of the said United States for the district aforesaid, on this day of , in this same term, and for the said United States gives the court here to understand and be in- formed, that on the day of , in the year eighteen hun- dred and , on water, at ' the port and city of , in the Northern District aforesaid and the Collection-District of , A F. S , then Collector of Customs of the said United States for the collection-district aforesaid, did seize a certain vessel, to wit, the , her tackle, apparel and furniture, and now holds the same in his custody, within the judicial and collection districts aforesaid, as liable to condemnation and sale for the causes following, to wit: 1. For that heretofore, to wit, on the day of , in the year eighteen hundred and , there was made and pre- scribed by the Board of Supervising Inspectors of Steam- Ves- sels a regulation to the effect that the light to be carried by a trading-boat or like water-craft, pursuant to Eule 12 of Sec- tion 4233 of the Eevised Statutes, should be one bright white light, placed forward, not less than six feet above the rail or deck of such vessel ; which regulation was afterwards, to wit, on the day of , in the same year, approved and published by the Secretary of the Treasury, and has ever since been, and now is, in full force: And the said , lately before the ' Seizure and place of seizure must be averred. JJ. 8. v. One Raft, 13 F. R 796. ADMIKALTY. 357 t ime of the said seizure, to wit, on the day of , in the year eighteen hundred and .and after sunset on that day, being then a trading -boat and water-craft of that kind, was an- chored and moored in and near the channel ' and fairway of the harbor of aforesaid, (a harbor and navigable water of the said United States,) without carrying one good and bright white light, placed forward, not less than six feet above the rail or deck of the said vessel; contrary to the form of the statute in such case made and provided : Whereby, and by force of the said statute, the said vessel became liable to the said United States in a penalty of two hundred dollars. 2. And for that the said , at another time, to wit, on the day of , in the same year eighteen hundred and , and after sunset on that day, being then a trading- boat and water-craft of that kind, did lie anchored and moored in and near the channel and fairway of the said harbor of , without carrjnng one good and bright white light, placed for- ward, not less than six feet above the rail or deck of the said vessel; contrary to the form of the statute in such case made and provided : Whereby, and by force of the said statute, the said vessel became liable to the said United States in another penalty of two hundred dollars. By reason of which premises, and by force of the statute aforesaid, the said property became and is liable to condemna- tion and sale for the payment of the penalties aforesaid : Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this behalf against the said property so seized as aforesaid, and to give notice to all persons concerned to appear on the return-day of such process, and show cause, if any they have, why such condemnation ami sale should not be adjudged. W G. E , United-States Attorney. 2 See The Erastus Corning, 35 F. R. 573. 358 FORMS ADAPTED TO CIVIL CASKS. Information, on Sees. 4325—3088, K. 8., against a steam- tug, to enforce payment of a penalty incurred by her master, in not surrendering her license at its expira- tion. No. 636. ' at the port of — -, in the Northern District aforesaid and the Collection-District of , J H , then Deputy Collector of Customs of the said United States for the collec- tion-district aforesaid, did seize certain property, that is to say, the steam-tug Diamond, her tackle, apparel and furniture, and now holds the same in his custody, within the judicial and collection districts aforesaid, as subject to seizure on be- half of the said United States for the causes following, to wit: For that heretofore, to wit, on the day of , in the year eighteen hundred and , at the port of afore- said, the then Collector of Customs of the said United States for the collection-district aforesaid, pursuant to the provisions of Title L. of the Kevised Statutes of the said United States, duly granted and delivered to the said steam-tug Diamond, whereof one J M was then master, a license for carrying on the coasting trade for one year: And although at the expiration of the time for which the said license was granted as aforesaid, to wit, on the day of , in the year eighteen hundred and ■ , and for three days thereafter, the said steam-tug was within the said collection-district of , yet the said J M , then still being such master of the said steam-tug, did not nor would deliver up the said license to the then Collector of Customs of the said United States for that collection-district, within three days after the expiration of the said license, but then and there unlawfully neglected so to do; contrary to the form of the statute in such case made and provided : Whereby, and by force of the statutes in such case made and provided, the said J M , so being such master as aforesaid, upon the expiration of the said term of three days, to wit, on the day of , in the same year 189-, there became liable to pay to the said United States a penalty of fifty dollars, and the said I Begin as in No. QZl,post. ADMIEALTT. 359 steam-tug there became liable to be seized and proceeded against to recover the said penalty. Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this behalf to enforce such penalty against the said property so seized as aforesaid, and to give notice to all persons concerned to appear on the return-day of such process, and in general and special to an- swer the premises, etc. , United-States Attorney. Information^ on Sec. 4499, E. S., against a tug-boat, to en- force payment of penalties for violations of Sees. 4427 and 4438, R. S., in navigating without having hull and boiler inspected, and with unlicensed master, engineer and pilot. No. 637. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF ^. Of the Term, in the year eighteen hundred and ninety . Northern District of , set. — Be it remembered that — ; — , Attorney of the United States of America for the Northern District of , who for the said United States in this behalf prosecutes, comes in person into the DistMct Court of the said United States for the district aforesaid, on this day of , in this same term, and for the said United States gives the court here to understand and be informed^ that on the day of , in the year eighteen hundred and ninety , at the city of •, in the Northern District aforesaid and the Collection-District of , G St. G ■, then Surveyor of Customs of the said United States for the port of , in the collection-district aforesaid, did seize cer- tain property, that is to say, the tiog-hoat Emerald Isle, her engine, tackle, apparel and furniture, and now holds the same in his custody, within the judicial and collection districts afore- said, as liable to condemnation and sale for the causes follow- ing, to wit : For that the said tug-boat Emerald Ide, before and at the 3G0 ' FOEMS ADAPTED TO CIVIL CASES. time of the said seizure, being a steam-vessel navigating a water of the said United States, and common highway of commerce, to wit, the Eiver, and engaged in commerce between the states of this Union, was there navigated with- out complying with the terms of Title LII. of the Eevised Statutes of the said United States, in this : that the hull and boiler of the said vessel had not been inspected by an inspector of hulls and an inspector of boilers respectively, within one year' before the time when the said vessel was so navigating the Eiver as aforesaid ; contrary to the form of the stat- ute in such case made and provided: Whereby, and by force of the said statute, the owner of the said vessel became hable to the said United States in a penalty of five hundred dollars. And for that before and at the time of the said seizure the said tug-loat Emerald Me was a steam-vessel navigating a water of the said United States, to wit, the Eiver, the same then being a common highway of commerce, and was there navigated without complying with the terms of Title LII. of the Eevised Statutes of the said United States, in this : that certain persons, to the said Attorney unknown, were then employed as master, engineer and pilot respect- ively on the said vessel, who were not then licensed as such respectively by the proper inspectors; contrary to the form of the statute in such case made and provided : Whereby, and by force of the said statute, the owner of the said vessel be- came liable to the said United States in a penalty of one hun- dred dollars. By reason of which premises, and by force of the statute aforesaid, the said property became and is liable to condem- nation and sale for the payment of the penalties aforesaid : Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this behalf against the said property so seized as aforesaid, and to give notice to all persons concerned to appear on the return-day of such pro- cess, and show cause, if any they have, why such condemna- tion and sale should not be adjudged. United-States Attorney. I See Sees. 4417 and 4418, R. & ADMIEALTY. 361 Information, on Sees. 4438-4199, 4466-4499 and 4488- 4499, R. S., to enforee penalties against a vessel seized by a Collector of Customs, for being navigated vrith an unlicensed engineer, and without the proper number of life-preservers, and for engaging in an excursion without a special permit. No. 638. gives the court here to understand and be informed, that on the daj'^ of , in the year eighteen hundred and •, at the port of Chicago, in the Northern District aforesaid and the Collection-District of Chicago, J S , then Collector of Customs [or, a Deputy Collector of Cus- toms] of the said United States for the collection-district aforesaid, did seize certain property, that is to say, the yacht- steamer Pearl, her engine, tackle, apparel and furniture, and now holds the same in his custody, within the judicial and collection districts aforesaid, as liable to condemnation and sale for the causes following, to wit : 1. For that before and at the time of the said seizure the said yacht-steamer Pearl was a steam-vessel navigating waters of the said United States, to wit, the Chicago river and harbor and Lake Michigan, (the same then being common highways of commerce, and open to general and competitive naviga- tion,) and was navigated on the said waters without comply- ing with the terras of Title LII. of the Ee vised Statutes of the said United States, in this, that there was then employed as engineer on the said vessel a certain person, to wit, one H D , \or, — person, whose name is to the said Attorney unknown,] who was not then licensed as such engineer by the proper board of local inspectors ; \or, — proper inspectors ;J contrary to the form of the statute in such case made and provided: "Whereby, and by force of the said statute, the owner of the said vessel became liable to the said United States in a penalty of five hundred dollars. 2. And for that the said steamer heretofore, to wit, on the day of , in the same year eighteen hundred and , ' Begin as in No. 535, ante. 362 FOEMS ADAPTED TO CIVIL CASES. being a passenger-steamer, and navigating the waters afore- said, and owned and employed vrithin tlie collection-district aforesaid, was navigated on the said waters without comply- ing with the terms of the said Title LIL, in this, that the said steamer did then engage in an excursion, without having a special permit, for the occasion, from the local inspectors for the said collection-district, as required by law ; contrary to the form of the statute in such case made and provided : Whereby, and by force of the said statute, the owner of the said steamer became liable to the said United States in a penalty of five hundred dollars. 3. And for that the said steamer heretofore, to wit, on the day last aforesaid, being a steamer navigating a lalce of the said United States, to wit, Lake Michigan, (the same then being a common highway of commerce, and open to general navigation,) was navigated on the said lake without comply- ing with the terms of the said Title LIT., in this, that the said steamer was not then provided with such numbers of floats or of life-preservers as would best secure the safety of all persons on board the said steamer in case of disaster ; contrary to the form of the statute in such case made and provided : Whereby, and by force of the said statute, the owner of the said steamer became liable to the said United States in a penalty of five hundred dollars. By reason of which premises, and b}' force of the statutes aforesaid, the said property became and is liable to condemna- tion and sale for the payment of the penalties aforesaid: Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this behalf against the said property so seized as aforesaid, and to give notice to all persons concerned to appear on the return-day of such process, and show cause, if any they have, why such condemnation and sale should not be adjudged. , United-States Attorney. ADMIEA.LTT. 363 Information, on Sec. 4499, R. S., against a steamer seized by a Collector of Customs, and to enforce payment of penalties for Yiolation of Sees. 4465 and 4468, R. S., in the master's carrying more passengers than allowed hy the certificate, and failing to keep a list of passen- gers. No. 639. ^ 1. For that tlie said steamer M , being a vessel pro- pelled by steam, and having a certificate of inspection allow- ing the carrying thereon of the total number oi forty-five passengers, while on a certain voyage from, the port of , in the state of , to the port of aforesaid, hy the great lakes and the waters connecting the same, to wit, on the day of , in the same year 189-, was navigated without complying with the terms of Title LII. of the Eevised Stat- utes of the said United States, in this: That the master of the said steamer then took and had on board of the same a greater number of passengers than was stated in the said cer- tificate of inspection, that is to say, seventy passengers ; con- trarj' to the form of the statute of the said United States in such case made and provided : Whereby, and by force of the said statute, the owner of the said steamer became liable to the said United States in a penalty of five Imndred dollars. 2. And for that the said steamer M , being a vessel pro- pelled by steam, while on the voyage aforesaid, to wit, on the day last aforesaid, was navigated without complying with the terms of the said Title LII. of the Revised Statutes aforesaid, in this : That the master of the said steamer then failed to keep a correct list of all the passengers received and delivered by the same from day to day, noting the places where re- ceived and where landed; contrary to the form of the statute of the said United States in such case made and provided : Whereby, and by force of the said statute, the owner of the said steamer became liable to the said United States in a fur- ther penalty of five hundred dollars. By reason of which premises, etc.^ • Begin as indicated directly and by reference in No. 638, ante. 2 Conclude as in No. 638, ante. CUSTOMS. Information, on Sec. 3082, K. S., on seizure of smuggled merchandise. No-. 640. * 1. For that lately before the said seizure, to wit, on the day of , in the same year eighteen hundred and - the said property so seized, being merchandise by law subject to the payment of duties to the said United States upon being imported or brought into the same, was fraudulently and knowingly imported and brought into the said United States, by some person or persons to the said Attorney as yet un- known, at some place to the said Attorney as yet unknown, contrary to law, that is to say, without entry of the said mer- chandise being made with any collector of customs of the said United States, and without declaration thereof being made to any proper revenue-officer of the said United States, and with- out the payment of or accounting for the said duties on the same ; contrarj'- to the form of the statute of the said United States in such case made and provided. 2. And for that some person or persons to the said Attor- ney as yet unknown, lately before the time of the said seizure, to wit, on the said day of , in the year eighteen hun- dred and , at some place to the said Attorney as yet un- known, the said property so seized as aforesaid, the same then and there being goods and merchandise subject to duty by law, and which should have been invoiced, knowingly and willfully, and with intent to defraud the revenue of the said United States, did smuggle and clandestinely introduce into the said United States, without paying or accounting for the said duty on the same ; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, etc.^ 1 Begin as in No. 649, post. 2 Conclude as in No. 649, post. CUSTOMS. 305 Information, on Sees. 3083, a865 and 2802, R. S., Sec. 9, Act June 10, 1890, (1 Supp. R. S., 2d Ed., 749,) and Sec. +, Act June 22, 1871, (Id. 32,) on seizure of mer- chandise smuggled in baggage, No. 641. seized certain property, that is to say, one oil-painting, and delivered the same to the Collector of Customs of the fiaid United States for the port and collection-district aforesaid, who now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit : 1. For that the property so seized as aforesaid, the same being merchandise by law subject to duty, and which should have been invoiced, was lately before the time of the said seizure fraudulently and knowingly imported and brought into the said United States contrary to law, that is to say, by being knowingly and willfully smuggled and clandestinely introduced into the said United States, without payment of or accounting for such duty, and with intent to defraud the revenue of the said United States ; contrary to the form of the statute of the same in such case made and provided. 2. And for that lately before the time of the said seizure the property aforesaid, being a dutiable article of merchandise, was knowingly imported and brought into the said United States, with intent to defraud the revenue thereof, without being passed through the proper custom-house of the said United States, and without being submitted for examination to the proper officers of the revenue of the same ; contrary to the form of the statute of the said United States in such case made and provided. 3. And for that heretofore, to wit, on the day of , in the year eighteen hundred and , to wit, at the port of New-York^ the said property so seized was fraudulently and knowingly imported and brought into the said United States 1 Begin as indicated directly and by reference in No. 648, post. 2 This form of information is for use in some interior judicial and collec- tion districts. 366 FOKMS ADAPTED TO CIVIL CASES. contrary to law, that is to say, that the property aforesaid, the same then and there being merchandise by law subject to duty, and which should have been invoiced, was then and there knowingly and willfully smuggled and clandestinely in- troduced into the said United States, with intent to defraud the revenue thereof, by one H K , without paying or accounting for such duty on the said merchandise ; contrary to the form of the statute of the said United States in such case made and provided. 4. , And for that heretofore, to wit, on the said day of , in the year eighteen hundred and , the said prop- erty so seized was imported and brought by the said H K- — from a foreign country, to wit, France, into the said United States, at the port of New- York aforesaid, and when so imported and brought in was merchandise subject to lawful duties accruing thereon to the said United States : And the said H K then and there, with intent to diifraud the revenue of the said United States, did willfully omit and neg- lect to pass the said merchandise through the custom-house of the said United States at the said port of New- York, or to submit the same for examination to the proper officers of the revenue of the said United States, or to disclose and declare to their proper officers of the customs at that port the true character, nature, intended use and destination of the said merchandise ; by means whereof the said United States were then and there deprived of the lawful duties so accruing on the said merchandise as aforesaid; contrary to the form of the statute of the said United States in such case made and provided. 5. And for that the said article of property so seized, the same being an article subject to duty, was lately before the time of the said seizure brought into the said United States, and found, in the baggage of the said H K , who then lately before arrived with his said baggage within the said United States, at the said port of New- York, from a foreign country ; and although upon so arriving the said H K made entry for his said baggage before the Collector of Cus- toms for the said port of New- York, jQt at the time of so making entry the said article so seized, then contained in the said baggage, was not mentioned to the said Collector for that CUSTOMS. 367 port by the .said H K ; contrary to the form of the statute of the said United States in such case made and pro- vided. By reason of which premises, and by force of the statutes aforesaid, etc' *) Attachment and monition. No. 642. THE PRESIDENT OF THE UNITED STATES OF ATVIERICA, To the Marshal of the said United States for the Northern District of , Greeting: Whereas an information has been filed in the District Court of the said United States for the Northern District of aforesaid, on the day of , in the year eighteen hun- dred and , by , United-States Attorney for the said district, on behalf of the said United States, against cer- tain merchandise, to wit, one oil-painting, for reasons and causes in the said information mentioned, and praying the usual process and monition of the said court In that behalf to be made, and that all persons having or pretending to have any right, title or interest therein may be cited to appear and answer all and singular the matters in the said information set forth, and that this court would be pleased to pronounce for the forfeiture and condemnation of the said merchandise: Tou are therefore commanded, to attach the said merchan- dise in possession of the Collector of Customs for the Port and District of , and to notify the said Collector that he detain the same in his custody until the further order of this court respecting the same; and to give notice by publication' for fourteen days previous to the day of trial, and by notice posted in the most public manner, for the space of fourteen days, at or near the place of trial of the said seizure or infor- mation, to all persons claiming the said merchandise, or know- ing or having anything to say why this court should not pronounce against the same, according to the prayer of the said information, and that they be and appear before the said ' Conclude as in No. 649, post, ' See 9th Admiralty Rule. 368 FORMS ADAPTED TO CIVIL CASES. court, to be holden in and for the said Northern District of , at the United-States Court-House, in the City of , in that district, on the first Monday in next, if that be a day of jurisdiction, and if not, then on the first day of juris- diction thereafter, at 10 o'clock in the forenoon of that day, and then and there to interpose a claim to the same, and to make their allegations in that behalf. And of what you shall have done in the premises do you then and there make return, together with this writ. Witness, the Honorable , Judge of the said court, and the seal thereof, this day (L. S.) of , in the year of our Lord eighteen hun- dred and , and of the independence of the said United States the year. Clerk. United-States Marshal's public notice of seizure of mer- chandise as forfeited to the United States, and of the time assigned for the trial of the information, made pursuant to the 9th Admiralty Bule, No. 643. In pursuance of a warrant of attachment and monition, is- sued out of the District Court of the United States of Amer- ica for the District of , under the seal of that court, and dated the day of , 18 — , and directed to me, public notice ' is hereby given to all persons claiming certain mer- chandise, to wit, , theretofore seized on land, at , within the said district, for reasons and causes mentioned in a certain information filed in that behalf in the said court, in the cause entitled The United States of America versus , being case No. in the same court, the said merchandise so seized as aforesaid having been bj* me attached in the custody of , Collector of Customs for the Port and District ' "The reason for the advertisement is plain. In order to give the court complete jurisdiction, so that a decree for sale will secure clear title, the notice is given to all the world," The Julia, 57 F. R 333 ; Waples, Proc. In Bern, "Notice," per totum. CUSTOMS. 869 of , and being now detained in his custody within the judicial a;nd collection districts aforesaid by order of the said court ; and to all persons knowing or having anything to say why the said court shall not pronounce against the same [or, for the forfeiture of the same, — or, for the forfeiture, condem- nation and destruction of the same,] according to the prayer of the said information; and that they be and appear before the said court, to be holden in and for the said District of , at the United-States Oourt-House, in the city of , in the same district, on the first Monday in next, if that be a day of jurisdiction, and if not, then on the first day of juris- diction thereafter, at 10 o'clock in the forenoon of that day, (the same being the return-day of the warrant aforesaid, and the day of the trial of the said seizure and information,) and then and there to interpose a claim to the said merchandise, and to make their allegations in that behalf. F H— , United-States Marshal for the District of . T E. M , United-States Attorney. Information, on Sees. 3082, 2864 and 2802, R. S., and Sec. 4, Act June 22, 1874, (1 Supp. R. 8., 2d Ed., 32,) on seizure of merchandise fraudulently passed through a custom-house as wearing- apparel and personal baggage. No. 644. gives the court here to understand and be informed, that on the day of , in the year eighteen hundred and , on land, at the city and port of , in the Northern District aforesaid and the Collection-District of C , J S , then Collector of Customs of the said United States for the collection-district aforesaid, did seize certain property, that is to say : Three trunks, {with their contents, as follows^ Which said property the said Collector now holds in his cus- i Begin as in No. 049, post. 3Y0 FOEMS ADAPTED TO CIVIL OASES. tody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: 1. For that the said property so seized, the same being merchandise by law subject, upon the importation thereof into the said United States, to the payment of duties to the said United States, was lately before the time of the said seizure fraudulently and knowingly imported and brought into the said United States contrary to law, that is to say, without the payment of such duties on the said merchandise ; contrary to the form of the statute of the said United States in such case made and provided. 2. And for that heretofore, to wit, on the day of in the year eighteen hundred and , the said property so seized, being merchandise then brought by one F A. M from a foreign country into the said United States, at the port of New- Yorh, and subject to the payment of duties to the said United States, was by the said F A. M fraud- ulently and knowingly entered at and passed through the custom-house of the said United States there, without pay- ment of such duties, as wearing-apparel and personal bag- gage, and not intended for sale, and therefore free of duties ; whereas in truth the said property, when so brought in, en- tered and passed as aforesaid, was not wearing-apparel or per- sonal baggage, and was intended for sale, and was subject to the payment of duties to the said United States: By which means payment of the said duties on the property aforesaid was by the said F A. M then fraudulently and know- ingly evade-^l, and the said property was then fraudulently and knowingly, and contrary to law, by h — imported into the said United States ; contrary to the form of the statute of the said United States in such case made and provided. 3. And for that before the time of the said seizure, to wit, on the day of , in the same year eighteen hundred and , the said property so seized was imported from for- eign parts into the said United States, at Wew- York afore- said, and was subject to duties as imported merchandise: And that the said F A. M , being the importer or owner, or agent of the importer or owner, of the said property, then and there, with intent to defraud the revenue of the said CUSTOMS. 371 United States, did knowingly make, and attempt to make, an entry of the said property with the Collector of Customs for the port and district of Netu- York aforesaid, by means of a certain false and fraudulent affidavit and statement in writ- ing of h — the said F A. M , that is to say, a cer- tain written affidavit and statement false and fraudulent in this, that in and by the same the said property so seized was in substance alleged and declared then and there to be wear- ing-apparel and personal baggage of the said F A. M — '■ — and members of h — family, and not intended for sale, and therefore free of duties ; whereas in truth the said property then and there was not wearing-apparel or personal baggage of the said F A. M or members of h — family, and was intended for sale, and was subject to the payment of du- ties to the said United States. And so the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States says, that the said property so seized being imported merchandise subject to duties, entry thereof was made, and attempted to be made, in manner and form in this count aforesaid, by means of a false and fraudulent affidavit and statement in writing, with intent to defraud the revenue of the said United States; contrary to the form of the stat- ute of the said United States in such case made and provided. 4. And for that the said property so seized is merchandise which lately before the time of the said seizure was imported by the said F A. M from a foreign country into the said United States, at the said port of New - York, and upon such importation was subject to the payment of duties to the said United States : And that the said F A. M , at the time when h — so imported the said merchandise, did will- fully, and with intent to defraud the revenue of the said United States, neglect and omit to disclose and declare to the proper officers of the customs at the said port of JVew - York the true character, nature, quantity, intended use and destina- tion of the said merchandise ; by means whereof the said United States were then and there deprived of the lawful du- ties accruing upon the merchandise aforesaid ; contrary to the form of the statute of the said United States in such case made and provided. 5. And for that lately before the time of the said seizure 372 TOEMS ADAPTED TO OITIL CASES. the said articles of property so seized, being mercliandise sub- ject to duties, were imported and brought into the said United States without passing the same articles through the proper custom-house of the said United States, and without submit- ting the same for examination to the proper officers of the revenue of the said United States, and with intent to defraud the revenue aforesaid ; contrary to the form of tbe statute of the said United States in such case made and provided. 6. And for that at the time of the said seizure the said ar- ticles of property so seized, being articles subject to duties, were found in the baggage of the said F A. M , who then lately before arrived with h — said baggage within the said United States, at the said port of New - York, from foreign parts; and although upon so arriving the said F A. M made entry for h — said baggage before the Col- lector of Customs for the said port of New- York, yet at the time of so making entry the said articles so seized, then con- tained in the said baggage, were not mentioned to the said Collector for that port by the said F A. M ; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, etc." Information, on Sec. 9, Act of June 10, 1890, (1 Supp. R. S., 2d Ed., 749,) on seizure of imported mercliandise fraudulently undervalued in invoice and entry. No. 645. gives the court here to understand and be informed, that on the day of , in the year eighteen hundred and , at the city and port of , in the Northern District aforesaid and the Collection-District of , B H. H , then a Special Agent of the Treasury-Department of the said United States, did seize certain merchandise, that is to say seveni/y-two cases of printing-paper, and delivef ed the same to W H. S , then and still Collector of Customs of the 2 Conclude as indicated directly and by reference in No. 641, ante, ' Begin as in No. 653, post. CUSTOMS. 373 said United States for the District- and Port of , who now holds the same in his custody, within the judicial and collec- tion districts aforesaid, as forfeited to the said United States for the causes following, to wit: For that before the time of the said seizure, to wit, on the day of — , in the same year eighteen hundred and , the said merchandise was imported from foreign parts, to wit, from , into the said United States, at and within the port and districts aforesaid, by certai7i persons, whose names are to the said Attorney unknown, then trading under the firm-name and style of , and was subject to duty ad valorem, as imported merchandise: And that the said importers of the said merchandise then and there, with intent to defraud the revenue of the said United States, did make, and attempt to make, an entry of the said merchandise at the custom-house of the said United States at aforesaid, by means of a certain false and fraudulent invoice, that is to say, by means of a certain invoice false and fraudulent in this, that in and by the same it was in substance declared and alleged that the dutiable value of the said printing-paper so imported was then and there six cents per pound, whereas in truth and in fact the dutiable value of the same was then and there a different and much greater ?,\xm. per pound, to wit, the sum of eight cents per pound: contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, eto.^ Information, on Sec. 9, Act Jnne 10, 1890, (1 Supp. E. S., 2d Ed., 749,) and Sec. 3082, K. S., on seizure of im- ported animals, by false invoice and aflidaTit declared to Ibe for breeding-purposes. No. 646. ' did seize certain property, that is to &a,j,four mares, and now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: 1. For that lately before the time of the said seizure, to wit, 2 Conclude as in No. 649, post. ' Begin as Indicated directly and by reference in No. 644, ante. 874: FOEMS ADAPTED TO CIVIL OASES. on the day of , in the year eighteen hundred and , the said mares were imported from a foreign country, to wit, the Dominion of Canada, into the said United States, at Detroit, in the collection-district of Detroit, in the state of Jliohigan, and were subject to duties as imported merchan- dise: And the owners, consignees, agents and importers of the said mares then and there, with intent to defraud the revenue of the said United States, did knowingly make an entry of the said mares at the Custom-House of the said United States at Detroit aforesaid, by means of a fraudulent and false in- voice, that is to say, by means of a certain invoice fraudulent and false in this, that in and by the same it was in substance declared and alleged that the said mares then and there were animals specially imported for breeding-purposes, and there- fore free of duties ; whereas in truth and in fact the said mares then and there were not animals specially imported for breed- ing-purposes, and were subject to the payment of duties to the said United States ; contrary to the form of the statute of the said United States in such case made and provided. 2. And for that lately before the time of the said seizure, to wit, on the day of :, in the year eighteen hundred and , the said mares were imported from foreign parts into the said United States, at Z'siT-oi^ aforesaid, and were subject to duties as imported merchandise: And the said own- ers, consignees, agents. and importers of the said mares then and there, with intent to defraud the revenue of the said United States, did knowingly make an entry of the said mares at the Custom-House of the said United States at De- troit aforesaid, by means of a fraudulent and false affidavit and statement in writing, that is to say, by means of a certain written affidavit and statement fraudulent and false in this, that in and by the same the said jnares were in substance de- clared and alleged then and there to be animals specially im- ported for breeding-purposes, and therefore free of duties; Avhereas in truth and in fact the said mares then and there were not animals specially imported for breeding-purposes, and were subject to the payment of duties to the said United States ; contrary to the form of the statute of the said United States in such case made and provided. 3. And for that the said m,ares so seized as aforesaid, the CUSTOMS. 375 same being merchandise by law subject, upon the importation thereof into the said United States, to the payment of duties to the said United States, were lately before the time of the said seizure fraudulently and knowingly imported and brought into the said United States contrary to law, that is to say, without the payment of such duties on the said mares; con- trary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statutes aforesaid, etc." Information, on Sec. (2864, R. S.,) 9 of the Act of June 10, 1890, (1 Supp. B. S., 2d Ed., 749,) and Sec. 3082, R. S., on seizure of merchandise entered by means of an in- Toice showing false statement of cost, and declared to be free of duty, and imported contrary to law. No. 647. 1 For that before the time of the said seizure, to wit, on the day of , in the year eighteen hundred and , the said merchandise was imported from foreign parts, to wit, frona , into the said United States, at and within the port and district aforesaid, by certain persons, whose names are to the said Attorney unknown, then trading under the firm- name and style of , and was subject to duty ad valorevi, as imported merchandise : And that the said importers of the said merchandise then and there, with intent to defraud the revenue of the said United States, did make, and attempt to make, an entry of the said merchandise at the Custom-House of the said United States at aforesaid, by means of a certain false and fraudulent invoice, that is to say, by means of a certain invoice false and fraudulent in this, that in and by the same it was in substance declared and alleged that the dutiable value of the said so imported was then and there per , whereas in truth and in fact the dutiable value of the same was then and there a different and much greater sum per ■ , to wit, the sum of per : con- - Conclude as in No. 649, post. 1 Begin as indicated directly and by reference in No. 646, ante. 376 FORMS ADAPTED TO CIVIL OASES. trary to the form of the statute of the said United States in such case made and provided. And for that one , being the of the said goods and merchandise so imported, did knowingly make and at- tempt to make entry thereof as aforesaid by means of the invoice above mentioned, with intent to defraud the revenue of the said United States ; the said invoice then and there being fraudulent and false, in this, that the said goods and merchan- dise, being then and there subject to duty ad, valorem^ and having been obtained by purchase, the said invoice did not exhibit the actual cost^ thereof at the time when and place where the same were procured, and all charges thereon: con- trary to the form of the statute of the said United States in such case made and provided. And for that the said , then being the owner of the said mares so imported, -knowingly, and with intent to defraud the revenue of the said United States, did make and attempt to make entry thereof as aforesaid by means of a certain written statement to the effect that the said mares were then and there animals specially imported for breeding purposes from beyond seas, and therefore free of duties; which said written statement was then and there false, in this, that the said mares then and there were not animals specially imported for breeding purposes from beyond seas, and were subject to the payment of duties to the said United States : contrary to the form of the statute of the said United States in such case made and provided. And for that the said goods and merchandise so seized, the same being goods and merchandise by law subject, upon the importation thereof into the said United States, to the pay- ment of duties to the said United States, were before the time of the said seizure fraudulently and knowingly imported and brought into the said United States contrary to law, that is to say, without the payment of the said duties on the same goods and merchandise : contrary to the form of the statute of the said United States in such case made and provided. And for that one , before the time of the said seizure, to wit, on the day of , in the same year eighteen hundred and , did fraudulently and knowingly 2 See Sec. 3, Act Jime 10, 1890, (1 Supp. R. S., 3d Ed., 745). CUSTOMS. 377 import and bring, and assist in importing and bringing, tbe said goods and merchandise so seized into the said United States, contrary to law, that is to say, without the payment of the proper customs-duties to which the same goods and merchandise were subject upon importation thereof into the said United States ; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statutes aforesaid, etc' Information, on Sees. 3082 and 2865, R. S., Sec. 9, Act June 10, 1890, (1 Supp. R. S., 2d Ed., 749,) and Sec. 4, Act June 22, 1874, (Id. 32,) on seizure of smuggled mer- chandise. No. 648. ' gives the court here to understand and be informed, that on the day of , in the year eighteen hundred and ,on land, at the port and city of , in the Northern District aforesaid and the Collection-District of , J J. C , then a special agent of the Treasury-Department of the said United States, and "W" W— — , then an inspector of customs of the said United States, seized certain merchan- dise, and delivered the same to the Collector of Customs of the said United States for the port and collection-district afore- said, that is to say, certain diamonds, with, their settings, namely: A. Tv)0 solitaire diamonds, set in gold rings; B. Four diamonds, set in a gold hoop-ring, with supposed emerald, center; 0. One diamond, set in a gold stmd: Which said merchandise the said collector now holds in his custody, within the judicial, and collection districts aforesaid, as forfeited to the said United States for the causes following, to jvit : 1. For that the said merchandise so seized as aforesaid, the same being merchandise by law subject to duty, and which should have been invoiced, was lately before the time of the 3 Conclude as in No. 649, post. 1 Begin as in No. 649, post. 378 FORMS ADAPTED TO CIVIL CASES. said seizure fraudulently and knowingly imported and brought into the said United States contrary to law, that is to say, by being knowingly and willfully smuggled and clandestinely in- troduced into the said United States, without payment of or accounting for such duty, and with intent to defraud the reve- nue of the said United States ; contrary to the form of the statute of the same in such case made and provided. 2. And for that lately before the time of the said seizure the articles aforesaid, being dutiable articles of merchandise, were knowingly imported and brought into the said United States, with intent to defraud the revenue thereof, without being passed through the proper custom-house of the said United States, and without being submitted for examination to the proper officers of the revenue of the same ; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statutes aforesaid, etc.* Information, on seizure of obscene books imported in viola- tion of Sees. 11 and 13 of the Act of Oct. 1, 1890,— I Supp. R. S., 2d Ed., 859, 860—, (Sees. 2491 and 2492, R. S.) JSTo. 649. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF . NORTHERN DI- VISION. Of the Term, in the year eighteen hundred and . Northern District of -'] Northern Division, \ set. — Be it remembered that -, Attorney of the United States of America for the North- ern District of , who for the said United States in this behalf prosecutes, comes in person into the District Court. of the said United States for the District aforesaid, at , on this day of , in this same terra, and for the said United States gives the court here to understand and be informed, that on the day of , in the year eighteen hundred 2 Conclude as in No. 649, post. CUSTOMS. 379 and , on land, at the city of aforesaid, in the North- ern District aforesaid and the Collection-District of , J J. C , then a special agent of the Treasury-Depart- ment of the said United States, did seize certain property, that is to say, one case of l)oolcs, and delivered the sanae to the Col- lector of Customs of the said United States for the said collec- tion-district, who now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: For that the said boobs so seized (being certain paper-bound books or pamphlets, entitled '' ," and containing indecent pictures and representations,) are obscene books and pam- phlets, and articles of an immoral nature; and the same were lately before the time of the said seizure, to wit, on the day last aforesaid, unlawfully imported and brought into the said United States from a foreign country, to wit, Germany; con- trary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statute aforesaid, the said property became and is forfeited to the said United States: Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this behalf to enforce such forfeiture of the said property so seized as aforesaid, and to give notice to all persons concerned to .appear on the return-day of such process, and show cause, if any they have, why such forfeiture should not be adjudged. United-States Attorney. [or,— For that the said articles so seized (being three paper-bound books or pamphlets, entitled respectively , , and , and. four small pictures or photographs, of too indecent char- acter to be here particularly described,) are respectively ob- scene books, pamphlets, pictures and photographs, and articles of an immoral nature; and the same were lately before the time of the said seizure, to wit, on the day last aforesaid, un- lawfully imported and brought into the said United States from a foreign country, to wit, ;] 380 FOEMS ADAPTED TO CIVIL CASES. Attachment and monition. No. 650. THE PRESIDENT OF THE UNITED STATES OF AMERICA, To the Marshal of the Northern District of , — Greeting : Whereas an information has been filed in the District Court of the said United States for the said Northern District of , Northern Division^ on the day of , in the year of our Lord one thousand eight hundred and ■ , by , Attorney of the said United States for the district aforesaid, \or, United States Attorney for the said district,] on behalf of the said United States, against on,e case of hooks, for reasons and causes in the said information mentioned, and praying the usual process and monition of the said court in that be- half to be made, and that all persons having or pretending to have any right, title or interest therein may be cited to ap- pear and answer all and singular the matters in the said in- formation set forth [or, articulately propounded,] and that this court would be pleased to pronounce for the forfeiture, con- demnation and destruction^ of the said case ofbooTts: You are therefore commanded to attach the said property, in the custody ©f the Collector of Customs for the Port and District of , and to notify the said Collector that he detain the same in his custody until the further order of this court respecting the same ; and to give notice, by publication ^ for fourteen days previous to the day of trial, and by notice posted in the most public manner, for the space of fourteen days, at or near the place of trial of the said seizure or in- formation, to all persons claiming the said property, or know- ing or having anything to say why this court should not pronounce against the same, according to the prayer of the said information, and that they appear before the said court, to be holden in and for the said Northern District of , at the United-States Court-House, in the city of , in the same district, on the first Monday in next, if that be a 1 Of course obscene books, etc., would not be sold to the public by the court. - See the 9th Admiralty Rule. CUSTOMS. 381 day of jurisdiction, and if not, then on the first day of juris- diction thereafter, at ten o'clocli in the forenoon of that day, then and there to interpose a claim to the same, and to make their allegations in that behalf. And of what you shall have done in the premises do you then and there make return, together with this writ. "Witness, the Honorable , Judge of the said court, and the seal thereof, this day (L. S.) of , in the year of our Lord one thousand eight hundred and , and of the independ- ence of the said United States the year. , Clerk. Information, on Sec. 2987, R. S., against property seized for having been removed from a customs bonded ware- house without payment of duty due. No. 651. 'For that before the time of the said seizure, to wit, on the day of , in the same year eighteen hundred and ■ the said property so seized was imported merchandise ware- housed in a certain bonded warehouse of the said United States, at and within the Port and Collection-District of , in the state of , and subject to duty as such imported merchandise, under the statutes of the said United States in such case made and provided ; and the said property then and there, so being in the said warehouse, and subject to duty, as aforesaid, was unlawfully and fraudulently removed from the said warehouse, by some person or persons to the said Attor- ney unknown, without payment of the said duty on the said property; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, etc.'' 1 Begin as in No. 649, ante. 2 Conclude as in No. 649, ante. 382 FOEMS ADAPTED TO CIVIL CASES. Information of deM on a customs warehousing-bond. Breach, non-withdrawal of merchandise from ware- house and non-payment of duty. No. 652. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMER- ICA FOR THE NORTHERN DISTRICT OF , NORTHERN DI- VISION. Of the Term, in the year eighteen hundred and . Northern District of , set. — Be it remembered that T- — E. M , Attorney of the United States of America for the Northern District of , who for the said United States in this behalf prosecutes, comes in person into the Cir- cuit Court of the said United States for the district aforesaid, in the Northern Division thereof, on this ■ • day of , in this same term, and for the said United States gives the court here to understand and be informed, that C C senior, C C junior and S B , on the day of , in the year eighteen hundred and , to wit, at , in the division and district aforesaid, by their writing obligatory, bearing date of that day, and now to the court here shown, acknowledged themselves to be held and firmly bound, jointly and severally, unto the said United States, in the sum of five hundred dollars, to be paid to the said United States ; which said writing obligatory and a certain condition thereunder written were and are as here follows, to wit : \_set out a copy of the bond sued on']. And the said Attorney of the said United States, who pros- ecutes as aforesaid, for the said United States further says, that the goods, wares and merchandise in the said writing obligatory mentioned were imported and entered as therein set forth ; and that the same, at the time when thej'^ were so entered, and thenceforth, were subject to legal duties and charges, together amounting to a large sum of money, to wit, the sum of . And the said Attorney of the said United States, who prose- cutes as aforesaid, for the said United States further in fact says, that certain of the said goods, [or, part of the said goods,] OnSTOMS. 383 wares and merchandise, to wit, , were not, [was not,J within one j'ear ' from the date of original importation thereof, regularly and lawfully withdrawn from public store or bonded warehouse on payment of the legal duties and charges to which the same were [was] subject as aforesaid ; nor were [was] the said so withdrawn after the expiration of one year, and within three years, from the said date of orig- inal importation, upon the like payment, with ten per centum added upon the amount of the said duties and charges to which the same were [was] subject as aforesaid ; nor were [was] the said so withdrawn at any time within three years from the said date of original importation, for actual export beyond the limits of the said United States ; and cer- tain of the said duties and charges on the said , together amounting to a large sum of money, to wit, the sum of , as well as the said additional duty of ten per centum of that sum, and interest as provided by law, still remain unpaid. By reason of which premises the said writing obligatory has become forfeited, and thereby an action has accrued to the said United States to demand and have of the said C C senior, C C junior and S B the said sum of Jive hundred dollars in the said writing obligatory men- tioned: Yet the said C C senior, C C junior and S B , though requested, have not paid to the said United States that sum of money, or any part thereof, but refuse so to do ; to the damage of the said United States of dollars. Whereupon the said Attorney of the said United States who prosecutes as aforesaid, for the said United States prays the consideration of the court here in the premises, and that due process of law may be awarded against them the said C C senior, C C junior and S B in this behalf, to make them answer to the said United States concerning the premises aforesaid. T E. M , United-States Attorney. 1 See Sec. 2970, R S. 384 FORMS ADAPTED TO CIVIL OASES. Declaration in debt on custom s-bond on deliyery to import- ers of packages not designated for examination^ given in accordance with Sec. 2899, R. S. Breach, failure to re-deliver packages to the order of the Collector. No. 653. IN THE CIRCUIT COUET OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term, in the year eighteen hundred and . District of , set. — The United States of America, plaint- iffs, by , their Attorney for the District of , com- plain of W A. K , H H. E and G W. S , defendants, of a plea that they render unto the said plaintiffs the sum of seventeen hundred dollars, which the said defendants owe to and unjustly detain from the said plaintiffs : For that whereas the said defendants, on the day of , in the year eighteen hundred and , at , in the district aforesaid, by their writing obligatory, bearing date of that day, and now to the court here shown, acknowledged them- selves to be held and firmly bound, jointly and severally, unto the said plaintiffs, in the sum of seventeen hundred dollars above demanded, to be paid to the said plaintiffs, which said writing obligatory was and is subject to a certain condition thereunder written, whereby, after reciting to the effect that the said W A. R and H H. R had on that day made entry of certain merchandise imported in the steamer , from , and that -the Collector of Customs at the port of had designated, as required by the laws' of the said United States, out of the invoice of the said merchandise, the package or quantity to be opened and examined according to law, to wit, one iarrel of ginger ale, and had caused the same to be sent for that purpose to the public stores, and that the residue of the said merchandise mentioned in such entry had been delivered to the said W A. E and H H. R , at their request, — it was in effect provided that if the said W A. E and H H, E should re-deliver iSeeSec. 2901, RS. CUSTOMS. 385 the said residue of the said merchandise to the order of the said Collector, provided he should require the same at any time within ten days after the said package so sent to tlie public stores and designated for appraisement should be ap- praised and reported to him, and if in the meantime the pack- ages or quantities of the said merchandise so delivered to the said W A. K and H H. R as aforesaid should not be opened or changed, except with the consent of the said Collector, given in writing, and then in the presence of one of the inspectors of the customs, then the said obligation should be void, and otherwise should remain in full force and virtue. And the said plaintiffs in fact say, that the merchandise in the said writing obligatory mentioned, being one hundred larrels of ginger ale, was imported and entered as therein recited ; and: that the Collector of Customs at the port of designated,. pursuant to the laws of the said United States, out of the in- voice of the said merchandise, one of the said harrels of ginger ale, to be opened and examined according to law, and caused the same to be sent for that purpose to the public stores, as in the said writing obligatory mentioned; and tliat the residue of the said merchandise, to wit, ninety-nine barrels of ginger ale, was delivered to the said W A. E and H H. R , at their request, as in the said writing obligatory set forth. Nevertheless, although the said package of merchandise so designated for appraisement was afterwards, to wit, on the day of , in the same year eighteen hundred and , duly appraised, and reported to the said Collector, to wit, at aforesaid, and although the said Collector within ten days thereafter, to wit, on the day last aforesaid, there required the said W A. R and H H. R to re-deliver to the order of the said Collector the said residue of the merchandise aforesaid, they the said AV A. R and H H. R did not then or afterwards re-deliver to the order of the said Collector the said residue of the mer- chandise aforesaid, or any part thereof, but so to do whollv neglected and refused; and certain duties thereon payable to the said plaintiffs, to a large amount, to wit, the sum of two hundred dollars, with lawful interest thereon from the day last aforesaid, still remain wholly unpaid. 25 386 FORMS ADAPTED TO CIVIL CASES. By reason of which premises the said writing obligatory has become forfeited, and thereby an action has accrued to the said plaintiffs to demand and have of the said defendants the said sum of seventeen hundred dollars above demanded : Yet the said defendants, though requested, have not paid to the said plaintiffs that sura of money, or any part thereof, but refuse so to do; to the damage of the said plaintiffs ^w hun- dred dollars, and therefore they bring their suit, etc. United-States Attorney. Statement of dissatisfaction of a Collector of Customs with a decision of the board of general appraisers, and ap- plication to a United States circuit court for a review of the same, pursuant to Sec. 15 of the Act of June 10, 1890, (1 Supp. K, S., 2d Ed., 751.) No. 654. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term in the year eighteen hundred and In the Matter of the Appeal of J M. C , Col- lector of Customs for the Port and District of , 1- Gen. No. from a decision of the board of United-States general ap- praisers at New York. J M. C , Collector of Customs of the United States of America for the Port and District of C , by T E. M , Attorney of the said United States for the District of , his attorney, complains and says, that he is dissatisfied with a certain decision (dated the day of , 18 — , on Protest No, ,) of the board of general appraisers at New York as provided for in section fourteen of the act of Con- gress approved June 10th, 1890, entitled " An act to simplify the laws in relation to the collection of the revenues," the same being a decision as to the construction of the law and CUSTOMS. 387 the facts respecting the classification of certain merchandise* and the rate of duty imposed thereon under such classifica- tion, that is to say, — certain , imported, ex vessel "Celtic,^' at said Port of C and entered for immediate consumption (per entry No. ,) on the day of , 18 — , by L H & Company, and classified by this complainant, as such Collector, as , and assessed with duties accordingly at per cent ad valorem, on the day of , 18 — , under such classification and under paragraph No. (Sched- ule ) of the act of Congress approved October 1st, 1890, entitled "An act to reduce the revenue and equalize duties on imports, and for other purposes "/ and, further, that the fore- going matter has arisen within the said District of ■ : And thereupon this complainant makes application to this honor- able court for a review of the questions of law and fact in- volved in the said decision of the said board of general ap- praisers, and for a statement of the errors of law and fact complained of assigns the following — Eeeoes of law: I. The said board erred in deciding that the said merchandise was not properly classified by this complainant, as such Col- lector, as , and that the ascertainment and liquidation of the duties thereon by this complainant at the rate of per centum ad valorem as aforesaid, under such classification and under paragraph No. of the last-mentioned act of Con- gress, was therefore erroneous. II. The said board erred in not deciding And the following — Eeeoes of fact: I. The said board erred in deciding that the said merchandise was In consideration whereof this complainant prays this hon- orable court to order the said board of general appraisers at 388 FORMS ADAPTED TO CIVIL OASES. New York to forthwith return to this court the record of fhe proceedings heretofore had before them, respecting the mat- ters herein complained of, and the evidence taken by them concerning the same, together with a certified statement of the facts involved in the case and their decisions thereon, J M. , Collector of Customs for the Port and District of , By T E. M , United-States Attorney for the District of , his attorney. INTERNAL REVENUE. InfoFmatioii,! on Sec. (3281, E. S.) 16 of the Act of Feb. 8, 1875, (1 Supp. R. S., 2d Ed., 60,) and Sec. 3257, B. S., against real and personal property seized by an inter- nal-revenue officer, as being property of distillers car- rying on business with intent to defraud the United States of the tax. No. 655. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OP . Of the Term, in the year eighteen hundred and . northern District of , set. — Be it remembered that , Attorney of the United States of America for the North- ern District of , who for the said United States in this behalf prosecutes, comes in person into the District Court of the said United States for the district aforesaid, on this day of , in this same term, and for the said United States gives the court here to understand and be informed, that on the day of , in the year eighteen hundred and , at the city of , in the Northern District aforesaid and the Collection-District of , G A. W , then Col- lector of Internal Revenue of the said United States for the collection-district aforesaid, did seize certain real property, that is to say, one distillery-warehouse, {J)eing the warehouse of Distillery No. in the said collection-district,) and certain personal property, that is to say, fifteen hundred and fifty casks of distilled spirits, and now holds the same in his cus- tody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: 1. For that before and at the time of the said seizure one ' The requirements of the 23d Admiralty Rule (see No. 630, note 3,) apply- to internal-revenue cases. Coffey v. U. S., 116 U. S. 437. 390 FORMS ADAPTED TO CIVIL CASES. P Z , one H S and one J S were seized in fee of the real property aforesaid, the same before and at the time constituting and being a part of the premises of the distillery above mentioned, and a part of the tract of land on which the said distillery was and is situated; and at the time of the said seizure the personal property aforesaid was found in the said distillery-warehouse: And that the said P Z , H S and J S , before and at the time of the said seizure, at aforesaid, in the districts aforesaid, unlawfully did engage in and carry on the business of a dis- tiller, at the distillery aforesaid, with intent to defraud the said United States of the internal-revenue tax on a part of the spirits there distilled by them the said P Z , H S and J S ; contrary to the form of the statute of the said United States in such case made and provided. 2. And for that before "and at the time of the said seizure the distillery above mentioned (whereof the said distillery- warehouse was and is a part) was used by the said P Z , H S and J S , who before and at that time were engaged in carrying on the business of a distiller "at the said distillery; and the said fifteen hundred and fifty casks of distilled spirits so seized were at the time of the said seizure found on the premises of the distillery aforesaid : And that the said P Z , H S and J S , be- fore and at the time of the said seizure, at aforesaid, in the districts aforesaid, so being engaged in carrying on the business of a distiller, unlawfully did defraud and attempt to defraud the said United States of the internal-revenue- tax on a part of the spirits distilled by them the said P. . Z — — , H S and J S at the distillery aforesaid, by taking and causing to be taken from the cisterns of the said distillery distilled spirits whereon the tax aforesaid had not been paid, and refilling and causing to be refilled with the same distilled spirits partly empty casks of distilled spirits already in the said distillery-warehouse, and by divers other fraudulent means and devices to the said Attorney as yet un- known; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statutes aforesaid, the said property became and is forfeited to the INTERNAL EEVENUE. 391 said United States : Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this behalf to enforce such forfeiture of the said property so seized as aforesaid, and to give notice to all persons concerned to appear on the return-day of such process, and show cause, if any they have, why such forfeiture should not be adjudged. United-States Attorney. Consent lixing valne. No. 656. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF — -. The United States, etc., ] No. . vs. !- Information. One Distillery- Warehouse, etc. J The parties informant and claimant in this cause hereby consent and agree, that for the purpose of fixing the amount of the bond to be given in this behalf, the value of the real and personal property seized be fixed at twenty-eight thousaiid dollars, without appraisement. U. S. Attorney. Attorney for claimants. Order of conrt for delivery on bond, of property seized, and approving bond for costs and bond on delivery. No. 657. On this day come P Z , H S and J- S , by J S. L , their attorney, and present and file their claim and petition in writing, alleging themselves to be the owners of the real and personal property whereof seizure was heretofore made, as set forth in the information herein, and praying a delivery of the same property to them on bond; the District Attorney also appearing on the part of 392 rOEMS ADAPTED TO CIVIL CASES. the said United States; and tlie said claimants also present and file their bond for costs in this behalf, with and as sureties, which bond is bj^ the court approved. And the court being now fully advised in the premises, and the value of the real and personal property aforesaid having been fixed by consent in writing, filed herein, at twenty-eight thousand dollars, without appraisement, — it is ordered by the court that the Marshal deliver to the said claimants the said real and personal property, described in the writ of attach- ment and monition herein now in his hands, (subject to the rights and powers of the internal-revenue officers in and over distilleries, distillery-warehouses, and the contents of the same,) upon the said claimants' giving their bond therefor, j)ursuant to law and the rules and practice of the court, in the sum of fifty-six thousand dollars, with good and sufficient sureties. And thereupon the said claimants present their bond for that purpose, in the sura above mentioned, with the said — — and as sureties ; which bond is ap- proved by the court, and ordered to be filed. Information, on Sec. (3281, R. S.,) 16 of the Act of Feb. 8, 1875, (1 Supp. R. S., 2(1 Ed., 60,) and Sees. 3257 and 3453, R. S., against real and personal property, seized •by an internal-revenue officer, as being the property and apparatus of a distilling company carrying on busi- ness with intent to defraud, and which had defrauded, the United States of taxes, and as being property and raw material found on the premises of that company, and intended to be manufactured into taxable articles and sold in fraud of the revenue. No. 658. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF . Of the Term, in the year eighteen hundred and ninety . Northern District of , set. — Be it remembered, that , Attornev of the United States of America for the Northern. District of , who for the said United States in INTERNAL REVENUE. 393 this behalf prosecutes, comes in person into the District Court of the said United States for the district aforesaid, on this day of , in this same term, and for the said United States gives the court here to understand and be informed, that on the day of , in the year eighteen hundred and , at the city of , in the Northern District afore- said and the Collection-District of , M C. S , then a Deputy Collector of Internal Kevenue of the said United States for the collection-district aforesaid, did seize certain property, that is to say, five certain parcels of laiid, with the distillery and its appurtenances situate thereon, the said par- cels of land lying in the said city of , and being designated and described as follows, to wit : [here insert a legal description of the real estate}. (The real property so seized by the said Deputy Collector being the premises known as the distillery-premises of the I Distilling Company:) And also certain personal property, that is to say: [insert a list of the personal property'} : Which said real and personal property the said Deputy Collector now holds in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit : For that before and at the time of the seizure of the said real and personal property as aforesaid, the I- Distill- ing Company {a corporation under that na7ne) was seized in its demesne as of fee of the parcels of land above described, on which said parcels of land a certain distillery of the said com- pany, to wit, the distiller^' above mentioned, was then situate ; and at the time of the said seizure the distilled spirits and other personal property aforesaid were found in the said dis- tillery, and in certain buildings, rooms, yards and inclosures connected therewith and used with and constituting a part of the premises thereof, to wit, at aforesaid, in the districts aforesaid; and that the said I Distilling Company, be- fore and at the time of the seizure of the said real and per- sonal property as aforesaid, at aforesaid, in the districts aforesaid, unlawfully did engage in and carry on the business of a distiller, at the distillery aforesaid, with intent to defraud the said United States of the internal-revenue tax on the 394 FOEMS ADAPTED TO CIVIL CASKS. spirits there distilled by the said company, — contrary to the form of the statute of the said United States in such case made and provided. And for that at the time of the seizure of the said real and personal property as aforesaid, the corn, oats, rye, iarley, malt, molasses, coal and charcoal above mentioned were raw mate- rials for the production of distilled spirits ; and the other per- sonal property so seized, except the distilled spirits seized as aforesaid, was before and at that time distilling-apparatus used by the said I Distilling Cornpany {a corporation under that name as aforesaid) at the distillery above mentioned ; and all the said personal property so seized was at the time of the said seizure found in the said distillery and on the premises thereof; and the said distillery was before and at the time of the said seizure used by the said I Distilling Company; and that the said 1 — - Distilling Company, at the time of the said seizure, and long before, to wit, for one year before that time, was engaged in carrying on the business of a distiller, at the distillery aforesaid, to wit, at aforesaid, in the dis- tricts aforesaid, and then and there unlawfully did defraud and attempt to defraud the said United States of the internal-rev- enue tax on the spirits distilled by the said company at the said distillery, — contrary to the form of the statute of the said United States in such case made and provided. And for that at the time of the seizure of the said property as aforesaid, at aforesaid, in the districts aforesaid, the distilled spirits above mentioned, the same being then and there goods upon which taxes were imposed under the internal- revenue laws "of the said United States, were found in the possession and custody and within the control of the said 1 Distilling Company {a corporation under that name as aforesaid), for the purpose of beirfg sold and removed by the said company in fraud of the said internal-revenue laws, and with design to avoid the payment of the said taxes ; and the said corn, were then and there raw materials found in the possession of the said company, which then and there intended to manufacture the same into articles of a kind then subject to tax under the said internal-revenue laws, to wit, dis- tilled spirits, for the purpose of fraudulently selling the dis- tilled spirits which should be so manufactured, and with INTEENAL KBYENUK. 395 design to evade the payment of the said tax on such distilled spirits ; and the other personal property above mentioned, besides the said distilled spirits so seized and the raw mate- rials last aforesaid, was at the time of the said seizure thereof in the place and building and within a certain yard and in- closure where the said distilled spirits so seized and the raw materials last aforesaid were then found, to wit, at afore- said, in the districts aforesaid: "Whereby, and by force of the statute in such case made and provided, all the said personal property so seized by the said Deputy Collector became and is forfeited to the said United States. And for that before and at the time of the seizure of the said real and personal property as aforesaid, E F. L , J M. B and 11 A. B- , late of aforesaid, were the equitable owners in fee of the above-mentioned par- cels of land, whereon the distillery aforesaid was then situate ; and at the time of the said seizure the said distilled spirits and other pe/sonal property so seized as aforesaid were found in the said distillery, and in certain rooms, yards and inclosures connected therewith and used with and constituting a part of the premises thereof, to wit, at aforesaid, in the dis- tricts aforesaid ; and that the said E F. L , J M. B and H A. B , {under the name and style of the I Distilling Company^ at the time of the said seizure of the said real and personal property as aforesaid, and long be- fore, to wit, for one yea/r before that time, at aforesaid, in the districts aforesaid, unlawfully did engage in and carry on the business of a distiller, at the distillery aforesaid, with intent to defraud the said United States of the internal-rev- enue tax on the spirits there distilled by them the said E F. L , J- — M. B and H A. B , — contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statute aforesaid, the said property became and is forfeited to the said United States : Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this behalf to enforce such forfeiture of the said property so seized as aforesaid, and to give notice to ail persons con. 396 FOEMS ADAPTED TO CIVIL, OASES. cerned to appear on the return-day of such process, and show cause, if any they have, why such forfeiture should not be adjudged. , United-States Attorney. Consent fixing value of certain personal property. No. 659. IN XHB DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF » No. . Information. The United States, etc. vs. The I Distilling Com- pany's Distillery, etc. J The parties informant and claimant in this cause hereby consent that the value of the personal property which the said claimant, by its petition in that behalf, has prayed to be delivered to it on bond, be fixed as follows, without appraisement: 10 tons of hard coal, at S4 per ton $40.00 SOO bushels of spoiled corn, at SS cents per bushel 100.00 $140.00 Dated, Chicago, July IBth, 189- U. S. Attorney. Attorneys for claimant. Information, on Sec. (3281, R. S.,) 16 of the Act of Felt>. 8, 1875, and Sec. 3257, R. S., against property seized, on the premises of one carrying on the business of a dis- tiller with intent to defraud, and who had defrauded, the United States of the tax on spirits distilled by him. No. 660. ' did seize certain property, that is to say, thirty larrds of distilled spirits, and now holds the same in his custody, within the judicial and collection districts aforesaid, as for- 1 Begin as in No. 655, ante. INTERNAL EEVENUB. 397 feited to the said United States for the causes following, to wit: For that the said distilled spirits, at the time of the seizure thereof as aforesaid, were owned by ono W R. B , late of aforesaid ; and that the said "W" R. B , before and at the time of the seizure of the said property as aforesaid, at aforesaid, in the districts aforesaid, unlawfully did en- gage in and carry on the business of a distiller, with intent to defraud the said United States of the internal-revenue tax on the spirits distilled by him, — contrary to the form of the statute of the said United States in such case made and provided. And for that the said property, at the time of the seizure of the same as aforesaid, was found in a certain distillery, and in certain buildings, rooms, yards and inclosures connected therewith and used with and constituting a part of the prem- ises thereof, to wit, at aforesaid, in the districts afore- said ; and that the said "W E. B , at the time of the said seizure, and long before, to wit, for one year before that time, at aforesaid, in the districts aforesaid, unlawfully did engage in and carry on the business of a distiller, at the distil- lery aforesaid, with intent to defraud the said United States of a part of the internal-revenue tax on the spirits there distilled by him the said "W R. B , contrar3' to the form of the statute of the said United States in such case made and provided. And for that the said distilled spirits so seized as aforesaid, at the time of the said seizure thereof, were found in a certain distillery and on the premises thereof, situate in afore- said, in the districts aforesaid ; and that the said W R. B , before and at the time of the said seizure, was engaged in carrying on the business of a distiller, at the distillery afore- said, to wit, in the city and districts aforesaid, and then and there unlawfully did defraud^ and attempt to defraud the said United States of the internal-revenue tax on a part of the spirits distilled by him the said W R. B at the said distillery, — contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statutes aforesaid, etc." 2 The means need not be set forth. Coffey v. U, 8,, 116 U. 9. 437. ' Conclude aa in No. 655, ante. 398 FOEMS ADAPTED TO CIVIL CASKS. Entry of appearance of claimant^ by attorney. No. 661. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . The United States, etc., ] No. . vs. I Information. Thirty Barrels of Distilled Spirits. J Please enter our appear- ance as the attorneys for "W E. B , the claimant of the property described in the information in this behalf. Dated June 25th, 189- , To , Esq., Attorneys for claimant. Clerk, etc. Claim of claimant.^ No.- 662. {Title as in No. 661.'] And now W K. B , inter- vening for the interest of himself in the thirty iarrels of dis- tilled spirits in the information in this behalf inentioned, appears before the honorable court, and makes claim to the said thirty harrels of distilled spirits^ as the same are attached by the Marshal, under the process of this court, at the instance of the United States of America : And the said "W R- B avers that he is the true and iona fide owner of the said thirty larrels of distilled spirits, and that no other person is the owner of the same : "Wherefore he prays leave to defend accordingly. W E. B . Sworn and subscribed this da}' of , 189 — , before me, , U. S. Commissioner. Attys. for claimant. 1 See the 26th Admiralty Rule. Also U. S. v. 4£g Casks of Wine, 1 Pet 547. INTERNAL REVENUE. 399 Petition of claimant for delivery of property on bond. No. 663. To the Honorable , Judge of the District Court of the United States of America for the District of : The petition of W E. B respectfully shows, that he is the owner of thirty larrels of distilled spirits, lately seized by the Collector of Internal Eevenue of the said United States for the Collection-District of , and now in the custody of the Marshal of the District of , by virtue of a process issued from the District Court of the said United States for the same district. And your petitioner now prays your Honor to order the said thirty larrels of distilled spirits to be delivered to him, upon his executing a bond to the said United States, with sureties, according to the statute in such case made and pro- vided. W K. B . Attys. for claimant. Information, on Sec. 3258, E. S., Sec. (3281, E. S.,) 16 of the Act of Feb. 8, 1875, (1 Supp. E. S., 2d Ed., 60,) and Sec. 3453, E. S., against property seized for being under the control of one ivho had a still and distilling- apparatus set np, but not registered, in the building where it was found ; and as being property there of one carrying on the business of a distiller without having given bond, and with intent to defraud the United States of the tax; and as being property found in a building permitted to be used for purposes of ingress and egress to an illicit distillery ; and as being raw ma- terials intended to be manufactured into articles sub- ject to, and sold with a design to evade, internal-rev- enue tax. No. 664. did seize certain property, that is to say, \set out a list of the property,'] and now holds the same in his custody, within 1 Begin as in No. 658, ante. 400 FORMS ADAPTED TO CIVIL CASES. the jlidicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: For that one C H. T , before and at tlie time of the seizure of the said property as aforesaid, in the city and dis- tricts aforesaid, did have in his possession and custody, and under his control, a certain still set up; and the said property so seized was at the time of the said seizure personal property in the possession and custody, and under the control, of the said C H. T , and found in the building in which the said still was so set up: and the said still so set up had not then been registered by the said €■ H. T , or any other person or persons, with the Collector of Internal Eevenue for the said collection-district, by subscribing and filing with him duplicate statements in writing, setting forth the particular place where the said still was so set up, the kind of still and its cubic contents, the owner thereof, his place of residence, and the purpose for which the same still had been or was in- tended to be used ; contrary to the form of the statute of the said United States in such case made and provided. And for that the said C H. T , before and at the time of the said seizure of the said property, in the city and districts aforesaid, did have in his possession and custody, and under his control, a certain distilling-apparatus setup; and the said property so seized was at the time of the said seizure personal property in the possession and custody, and under the control, of the said C H. T , and found in the building in which the said distilling-apparatus was so set up: and the said distilling-apparatus had not then been registered by the said C H. T , or any other person or persons, with the Collector of Internal Eevenue for the said collection-dis- trict, by subscribing and filing with him duplicate statements in writing, setting forth the particular place where the said distilling-apparatus was so set up, the kind of still and its cubic contents, the owner thereof, his place of residence, and the purpose for which the said distilling-apparatus had been or was intended to be used ; contrarj' to the form of the stat- ute of the said United States in such case made and provided. And for that the said property so seized, at the time of the said seizure, in the city and districts aforesaid, was personal property found in a certain distillery there situate, and in a INTERNAL REVENUE. 401 certain building and rooms connected therewith and used with and constituting a part of the premises: and the said C 11. T , before and at the time of the said seizure, in the city and districts aforesaid, unlawfully did carry on the business of a distiller, at the same distillery, without having given bond as required by law ; contrary to the form of the statute of the said United States in such case made and pro- vided. And for that the said property so seized, at the time of the said seizure, in the city and districts aforesaid, was personal property found in a certain distillery there situate, and in a certain building and rooms connected therewith and used with and constituting a part of the premises : and some person or persons to the said Attorney unknown, before and at the time of the said seizure, in the city and districts aforesaid, unlaw- full}' did carry on the business of a distiller, at the distiller}^ last aforesaid, without having given bond as required b}' law, and with intent to defraud the said United States of the tax on the spirits distilled by the said person or persons unknown ; contrary to the form of the statute of the said United States in such case made and provided. And for that the said property so seized, at the time of the said seizure, was personal property in possession of the said C H. T , and found in a certain building there situate, to wit, in the city and districts aforesaid ; which last-men- tioned building the said C H. T , before and at the time of the said seizure, there permitted and suffered to be used, by some person or persons to the said Attorney un-. known, for purposes of ingress to and egress from a certain distillery there situate: and the last-mentioned person or per- sons unknown, before and at the time of the said seizure, in the city and districts aforesaid, unlawfully did engage in and carry on the business of a distiller, at the distillery last afore- said, without having given bond as required by law, and with intent to defraud the said United States of the internal-rev- enue tax on the spirits distilled by the same person or persons unknown ; contrary to the form of the statute of the said United States in such case made and provided. And for that the said molasses-mash so seized as aforesaid, at the time of the said seizure, was raw material found in the 36 402 FOEMS ADAPTED TO CIVIL CASES. possession of the said C H. T , to wit, in the city and districts aforesaid, in a certain building there situate; he the said C ■ H. T then and there intending to manufacture the said molasses-masK into articles of a kind then subject to internal-revenue tax, to wit, distilled spirits, for the purpose of fraudulently selling such distilled spirits which should be so manufactured, and with design to evade the payment of the said tax on the same, — contrary to the form of the stat- ute of the said United States in such case made and provided : and the other property so seized as aforesaid Avas then and there personal property in the same building where the said raw material was so found. By reason of which premises, and by force of the statutes aforesaid, etc' Information, on Sec. 16, Act of Feb. 8, 1875, (1 Supp. E. S., 2d Ed., 60,) on seizure of distilled spirits and per- sonal property owned by, and found in rectifying-estab- lishmeut of, persons carrying on business of a rectifier without paying special tax. No. 665. ^ did seize certain property, that is to say, , and now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit : 1. For that the said property so seized as aforesaid, before and at the time of the said seizure thereof, was distilled spirits owned by one G S. C , one J J. G and one J S. b ; and the said G S. C , J J. G and J S. C , before and at the time of the said seizure, in the city and districts aforesaid, unlawfully did carry on the business of a rectifier of distilled spirits, Avithout having paid the special tax therefor as required by law, — contrary to the form of the statute of the said United States in such case made and provided, 2. And for that before and at the time of the said seizure 1 Conclude as in No. 655, ante, 2 Begin as in No. 655, ante. INTERNAL REVENUE. 403 the said property so seized was distilled spirits and personal property found in a certain rectifying-establlshment, and in certain buildings, rooms, yards and enclosures connected there- with and used with and constituting a part of the premises, the same being situate in the city and districts aforesaid; and the said G S. C , J J. G and J S. C , before and at the time of the said seizure, within the city and districts aforesaid, in the rectifying-establishraent aforesaid, unlawfully did carry on the business of a rectifier of distilled spirits, without having paid the special tax therefor as re- quired by law, — contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statute aforesaid, etc' Information, on Sees. 3340 and 3354, R. S., against per- sonal property seized, some for being used by a brewer who evaded the internal-revenue tax, and neglected to keep books and make reports ; and some for being used by him in carrying on the business of bottling fer- mented liquors upon premises communicating with a brewery, and because he withdrew such liquors from unstamped packages. ]S"o. 666. IN THE DISTRICT COURT OF THE UNITED STATES OF ASfERICA FOR THE NORTHERN DISTRICT OF . Of the Term, in the year eighteen hundred and . Northern District of , ) Northern Division,, S set. — Be it remembered that W G. E , Attorney of the United States of America for the Northern District of , who for the said United States in this behalf prosecutes, comes in person into the Dis- trict Court of the said United States for the district aforesaid, at the city of , on this day of , in this same term, and for the said United States gives the court here to under- > Conclude as io No. 655, ante. 404 FOKMS ADAPTED TO CIVII. CASES. stand and be informed, that on the day of , in the year eighteen hundred and , on land, at the said city of , in the Northern District aforesaid and the First Collec- tion-District of , Eenssalaer Stone, then Collector of In- ternal Eevenue of the said United States for the collection- district aforesaid, did seize certain property, that is to say. Firstly — 1 copper kettle, 1 copper pump, and SO feet of copper pipe, 2 wooden fermenting tubs, contents 7 barrels of u-eiss-beer each, 11 half-barrels of porter, (spoiled;) and Secondly — ^ double delivery-wagons, Z sets of double harness, 1 corking-machine, 1 bale of corks, {about 18 gross,) 6S0 empty pint bottles, and 1 tin funnel: All of which said propertj'- so seized the said Collector now holds in his custody, within the judicial and collection dis- tricts aforesaid, as forfeited to the said United States for the causes following, to wit: 1. For that one A F ■, at the time of the said seizure, and for more than three months next before that time, within the city and districts aforesaid, was the owner and occupant of a certain brewery there situate, and was engaged in the making of fermented liquors at the same brewery ; and the goods and chattels firstly above mentioned were and are re- spectively liquors there made by and for the said A F , and vessels, utensils and apparatus there used in making the same: And the said A F , during and within a period of more than three months next before the time of the said seizure, in the city and districts aforesaid, unlawfully did fraudulently neglect and refuse to keep truly and exactly the books by law required to be kept by him, and to make truly and exactly the reports by law required to be made by him, as such owner and occupant of a brewery, and to make true and exact entry and report, as required by law, of and concerning the fermented liquors produced by him the said A F at the same brewery, and of the materials by him purchased for that purpose; and within the period afore- INTKUNAL KEVENUB, 405 said, in the city and districts aforesaid, unlawfully did evade, and attempt to evade, the payment of the internal-revenue tax on the same fermented liquors, by so fraudulently neg- lecting and refusing to keep books, and make reports, and entry and report, as aforesaid, and by removing from the said brewery and disposing of divers large quantities of the same fermented liquors without payment of the said tax thereon, and in vessels upon which the internal-revenue stamps re- quired by law had not been previously affixed respectively, and in vessels upon which fraudulent and re-used internal- revenue stamps were affixed respectively; contrary to the form of the statute of the said United States in such case made and provided. 2. And for that the said A F , at the time of the said seizure, and for more than three months next before that time, within the city and districts aforesaid, was engaged in and carried on the business of bottling fermented liquor, to wit, beer and porter, and the goods and chattels secondly above mentioned were and are property used by the saitl A F in so bottling, and in the said business of bottling, fermented liquor as aforesaid: And the said A F , during and within a period of more than three months next before the time of the s^id seizure, in the city and districts aforesaid, unlawfully did withdraw such fermented liquor, to wit, beer and porter, for the purpose of bottling the same as aforesaid, from divers barrels and half-barrels and other ves- sels upon which had not been previously affixed respectively the proper stamps for denoting the internal-revenue tax on fermented liquors; and the said A F , during and within that period, there unlawfully did carry on the said business of bottling fermented liquor as aforesaid upon cer- tain premises having communication with a brewery, to wit, a certain brewery of him the said A F ; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statutes aforesaid, the said property became and is forfeited to the said United States : Wherefore the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays that due process of law may be awarded in this 406 FORMS ADAPTED TO CIVIL CASES. behalf to enforce such forfeiture of the said property so seized as aforesaid, and to give notice to all persons concerned to appear on the return-day of such process, and show cause, if any they have, why such forfeiture should not be adjudged. W G. E , United-States Attorney. Attachment and monition^ issued in accordance with the prayer in the foregoing information. No. 667. THE PRESIDENT OF THE UNITED STATES OF AMERICA, To the Marshal of the Northern District of , — Greeting: "Whereas an information has been filed in the District Court of the said United States for the said Northern District of , on the day of , in the year of our Lord eight- een hundred and , by "W" G. E , United States Attorney for the said district, on behalf of the said United States, against the goods and chattels specified in the list hereto annexed, for reasons and causes in the said information men- tioned, and praying the usual process and monition of the said court in that behalf to be made, and that all persons having or pretending to have any right, title or interest therein may be cited to appear and answer all and singular the matters in the said information -articulately propounded [per Kettle and other Information. property. The answer' of A F , claimant of the property seized herein, to the information exhibited against the said property by W G. E , District Attorney as aforesaid, on behalf of the said United States, in the District Court of the said United States for the Northern District of , Northern Division. 1. This claimant, for answer to the said information, denies that he did, during or within a period of more than three months next before the time of the said seizure, fraudulently neglect and refuse to keep truly and exactly the books by law required to be kept by him, and to make truly and ex- actly the reports by law required to be made by him, as owner and occupant of a brewery, and to make true and exact entry and report, as required by law, of and concerning the fermented liquors produced by him the said A F at the brewery in the information in this behalf mentioned, and of the ma- terials by him purchased for that purpose ; and he denies that he did, within the period aforesaid, in any manner evade, or attempt to evade, the payment of the internal-revenue tax on any such fermented liquors. 2. And this claimant, for further answer to the said infor- mation, denies that he did, during or within a period of more than three months next before the time of the said seizure, unlawfully withdraw any fermented liquor, for the purpose of bottling the same, from vessels upon which had not been previously affixed respectively the proper stamps for denoting 1 No reply to answer is necessary. Cogey v. U. S., 116 U. S. 437. INTEKNAL EE VENUE. 413 the internal-revenue tax on fermented liquors; and he denies that he did, during or within that period, carry on the business of bottling fermented liquor upon premises having communi- cation with a brewery. Wherefore this claimant says that the said property seized herein did riot become, nor is the same, forfeited, as in the said information is alleged; and prays that the same may be restored to him by the decree of this honorable court ; and that the said information may be dismissed with costs' to this claimant to be taxed. A F . Sworn' and subscribed this day of , 189-, before me, ■ , TJ. S. Commissioner. Attorney for claimant. Information of debt, on Sec. 3340, R. S. (3337-3340,) to recover penalty from brewers, for not keeping boolis required by law. No. 673. IN THE CIRCUIT COUET OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term, in the year eighteen hundred and . District of , set. — Be it remembered, that , Attorney of the United States of America for the District of , who for the said United States in this behalf prosecutes, comes in person into the Circuit Court of the said United States for the district aforesaid, on this day of , in this same term, and for the said United States gives the court here to understand and be informed, that K G. S and H 0. G , late of the city of , in the said district, on the day of , in the year eighteen hundred and , and thenceforth until and on the day of , in the same year, in the city and district aforesaid, were brew- 2 Sec. 970, E. S., provides that in case a certificate of probable cause is en- tered by the court, the claimant shall not be entitled to costs. ' See the 27th Admiralty Rule. ■414 FORMS ADAPTED TO CIVIL CASES. ers, and together carried on the business of a brewer, and oc- cupied a certain brewery there situate; and the said K G. S and H O. G during that period there pro- duced, at the said brewery, divers large quantities of beer and other ferirented liquors, and sold therefrom, and removed therefrom for consumption, and removed therefrom for sale, divers large quantities of beer and other fermented liquors; and the said K G-. S and H 0. G , during the same period, there purchased divers large quantities of grain and malt, and other materials, for the purpose of producino' beer and other fermented liquors at the said brewery: Yet the said K ■ G. S and H 0. G , during the period aforesaid, did not from day to day enter or cause to be entered, in the book by law required to be kept by them for that purpose, (as such brewers and persons occupying a brew- ery,) the kind of such malt liquors so by them produced, the estimated quantity thereof, in barrels, and the actual quantity thereof so by them sold, or removed for consumption or sale, in barrels or fractional parts of barrels; nor did the said K G. S and H 0. G , during the period afore- said, from day to day enter, or cause to be entered, in the separate book by law required to be kept by them for that purpose, (as such brewers and persons occupying a brewery as aforesaid,) an account of all materials, including grain and malt, so by them purchased for the purpose of producing such beer and other fermented liquors; but the said K G. S and H O. G , during that period, so being such brewers and persons occupying a brewery, did there neglect to keep the books aforesaid, contrary to the form of the stat- ute in such case made and provided. By means whereof, and by force of the said statute, the said K G. S and H O. G- — forfeited and became liable to pay to the said United States the sum of three hundred dollars: Yet the said K G. S and H O. G , though requested, have not paid to the said United States the said sum of money, or any part thereof, but refuse so to do; to the damage of the said United States of one hundred dollars. Whereupon the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays the consideration of the court here in the premises, and that INTERNAL REVENDE. 415 due process of law may be awarded against them the said K G. S and H 0. G , in this behalf, to make them answer to the said United States concerning the prem- ises aforesaid. , United-States Attorney. Snmmons. No. 674. THE PRESIDENT OF THE UNITED STATES OF AMERICA, To the Marshal of the District of , — Greeting: "We command you to summon K G. S and H— 0. G , if found in your district, to be and appear before our Judges of our Circuit Court of the United States of America for the District of , on the first day of the next term thereof, to be holden at , in the district aforesaid, on the Monday of next, to answer unto the said United States of an information of debt, in the sum of dollars, to their damage, as is alleged, of dollars ; and have you then and there this writ. Witness, the Honorable Melville W. Fuller, Chief Justice of the Supreme Court of the United States of America, and the seal of our said (L. S.) Circuit Court, at aforesaid, this day of , in the year of our Lord one thousand eight hundred and , and of the independ- ence of the said United States the year. , Clerk. 416 FORMS ADAPTED TO ClYIL CASES. Information, on Sec. 3397, R. S., (1 Snpp. R. S., Sd Ed,, 241,) and Sees. 3398, 3400-3402 and 3453, R. S., on seizure of cigars for not being properly stamped ; for being among stock in trade of a dealer who affixed false customs-stamps on the boxes containing the same ; for being found in the custody of the same dealer in fraud of the internal-revenue laws, and with a design to avoid payment of tax ; and for being removed from the place where made without stamping, etc., the number, etc, on the boxes. No. 675. ' did seize certain property, that is to say, boxes of cigars,' and now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: 1. For that before and at the time of the said seizure, in the city and districts aforesaid, the said cigars so seized were ofifered for sale by one L D. M , and divers his agents and servants; and that when so offered for sale the said cigars, then purporting and claimed to be imported cigars, were packed in boxes each then and there bearing a false, fraudulent and re-used stamp for denoting the customs-duties payable to the said United States upon imported cigars : And so the said Attorney of the said United States, who prose- cutes as aforesaid, for the said United States says, that the said cigars were offered for sale not properly stamped ; con- trary to the form of the statute in such case made and pro- vided. 2. And for that before and at the time of the said seizure, in the city and districts aforesaid, the said cigars so seized were offered for sale, by the said L D. M , and divers his servants and agents ; and that when so offered for sale the said cigars were contained in boxes then bearing respectively stamps for denoting the internal-revenue tax payable to the said United States upon cigars, which stamps last aforesaid had then been falsely and fraudulently altered, by obscuring and effacing certain words and figures to the said Attorney ' Begin as in No. 655, ante. INTERNAL EEVENUE. 4:17 unknown, m the " place for cancellation " on each of the said stamps, where (by regulation theretofore duly made and pub- lished by the Commissioner of Internal Eevenue in that be- half) should be written or imprinted the name of the proper manufacturer or importer, and the date of cancellation, and by imprinting in that place, on each of the said stamps, the words "Z D. M , G ," without date : And so the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States says, that the said cigars were offered for sale not properly stamped ; contrary to the form of the statute in such case made and provided. 3. And for that the said cigars, before and at the time of the said seizure, in the city and districts aforesaid, being con- tained in boxes, were offered for sale, and kept for sale, with- out having on the same boxes respectively the proper revenue- stamps for denoting the taxes and duties payable to the said United States on cigars ; contrary to the form of the statute in such case made and provided. 4. And for that before and at the time of the said seizure the said cigars so seized, being cigars imported from a foreign country, were in the possession of the said L D. M , in boxes containing the same, and were owned by him, to wjt, in the city and districts aforesaid ; and at the time of the said seizure the said cigars were then found in the possession of the said L D. M , and among his stock in trade as a dealer in manufactured tobacco : And that the said L D. M , before the time of the said seizure, there unlaw- fully did affix to each of the said boxes so containing the said cigars a false, forged and fraudulent stamp purporting to be the stamp required by law for denoting the customs-duty on imported cigars ; contrary to the form of the statute in such case made and provided. 5. And for that at the time of the said seizure, in the citj^ and districts aforesaid, the said cigars so seized, then being merchandise upon which taxes were imposed by the laws of the said United States, t© wit, the internal-revenue tax and the import-tax, were found in the possession, custody and con- trol of the said L D. M , and divers his servants and agents, and were in such possession, custody and control for the purpose of being sold and removed by the said L D. 27 418 FOEM8 ADAPTED TO CIVIL OASES. M , and his servants and agents aforesaid, in fraud of the internal-revenue laws of the said United States, and with de- sign to avoid payment of the said internal-revenue tax and import-tax ; contrary to the form of the statute in such case made and provided. 6. And for that certain of the said cigars so seized, to wit, three of the said boxes of cigars, had before the time of the said seizure been removed from a manufactory or place (to the said Attorney as yet unknown) where cigars were made, without stamping, indenting, burning or impressing into the same ihree boxes respectively, in a legible and durable man- ner, the number of cigars contained therein, the number of the manufactory, and the number of the district, and the State where the said cigars were manufactured ; contrary to the form of the statute in such case made and provided. By reason of which premises, and by force of the statutes aforesaid, etc.* Information, on Sec. 3397, K. S., (1 Supp. E. S., 2d Ed., 241,) and Sees. 3398 and 3400, R. S.^ on seizure of cigars and otiier property, for being removed from the factory without heing packed in new boxes, and without the proper stamps, and without having the number of cigars, etc., stamped thereon ; and for be- ing kept for sale without the proper revenue-stamps thereon ; and for being raw materials, tools, etc., of a cigar-manufacturer who had removed cigars without the proper stamps, and made false entries in his books. No. 676. * did seize certain property, that is to say, \Tiere insert a list"^ of the property seised,'] and now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: For that before the time of the said seizure, to wit, on the 2 Conclude as in No. 655 or 666, ante, 1 Begin as in No. 655, ante, 2 See No. 677, post. INTEENAL EEYENUE. 419 day last aforesaid, at aforesaid, tiie said cigars so seized were removed from a certain manufactory there situate, to wit, the cigar-manufactory of one F "W , without being packed in new boxes not before used for that purpose,' and without the proper stamps on the said cigars, denoting the internal-revenue tax thereon, and without stamping, in- denting, burning or impressing into each of the boxes con- taining the said cigars, in a legible and durable manner, the number of cigars contained therein, and the number of the manufactory, and the number of the district, and the State, where the said cigars were manufactured ; contrary to the form of the statute of the said United States in such case made and provided : "Wherebj^, and by force of the said stat- ute, the said cigars so seized became and are forfeited to the said United States. And for that at the time of the said seizure, at afore- said, certain of the said cigars so seized as aforesaid, to wit, ten thousand thereof, then contained in boxes, were kept for sale by the said F "W , without the proper revenue- stamps on the boxes containing the same respectively ; con- trary to the form of the statute of the said United States in such case made and provided : Whereby, and by force of the said statute, the said cigars so kept for sale became and are for- feited to the said United States. And for that before and at the time of the said seizure, at aforesaid, the said F "W was a manufacturer of cigars; and at the time of the said seizure the said cigars and other property so seized as aforesaid were respectively cigars, raw material, machinery, tools, implements, apparatus, fixt- ures and materials found in the possession of the said F W , and used in his business as such manufacturer, to wit, at aforesaid : And that the said F "W" , before the time of the said seizure, to wit, on the day last aforesaid, at aforesaid, being a manufacturer of cigars as aforesaid, unlawfully did remove from his cigar-manufactory certain cigars, to wit, the cigars so seized as aforesaid, without the proper stamps on the same denoting the internal-revenue tax thereon, — contrary to the form of the statute of the said United States in such case made and provided. 3 See Sec. 3393, R S. 420 FOEMS ADAPTED TO OITIL CASES. And for that before and at the time of the said seizure, at aforesaid, the said F W was a manufacturer of cigars ; and at the time of the said seizure the said cigars and other property so seized as aforesaid were respectively cigars, raw material, machinery, tools, implements, apparatus, fixt- ures and materials found in the possession of the said F W , and used in his business as such manufacturer, to wit, at aforesaid : And that the said F W- , before the time of the said seizure, to wit, during a period of six months next before that time, at aforesaid, did make false and fraudulent entries of the manufacture and sale of cigars, and of the purchase and sale of leaf -tobacco and tobacco- stems, in the book required by law to be kept by him as such manufacturer of cigars; contrary to the form of the stat- ute of the said United States in such case made and provided. By reason of which premises, and by force of the statute aforesaid, etc.* Information, on Sees. 3400 and 3453, R. S., against per- sonal property seized Iby a Deputy Collector, as being forfeited for being property and tools used by a cigar- manufacturer who had removed and sold cigars with- out the proper stamps, and made false entries in the hooks required to be kept by him ; and for being fonnd in his possession for the purpose of being sold and re- moved with design to evade the taxes, and manufact- ured into cigars for the purpose of so being sold. No. 677. ' then a Deputy Collector of Internal Eevenue of the said United States for the collection-district aforesaid, did seize certain property, that is to say, 44018 cigars, unstamped ; 600 cigars, stamped ; 356 cigars, in molds ; 266 empty cigar-boxes, for 100 cigars each ; 2000 pounds of leaf-tobacco and cuttings ; 4 cigar-presses ; and 10 tables, for workmen ; * Conclude as in No. 658, ante. ' Begin as in No. 655, ante. INTERNAL EEVENDE. 421 and now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit: 1. For that one M M , late of the said city of , on the day of , in the year eighteen hundred and , and from thence until and at the time of the said seizure, within the city and districts aforesaid, was a manufacturer of cigars; and the said leaf-tobacco, cuttings and cigars so seized were respectively raw material and manufactured cigars there found in the possession of the said M M , at the time of the said seizure, and the said other property so seized was machinery, tools, implements, apparatus, fixtures, boxes and materials there found in the possession of the said M M , and used in his business as such manufacturer of cigars, at the time of the said seizure as aforesaid : And that the Said M M , during the period aforesaid, so being suoli iTf&,nu- facturer of cigars, within the city and districts aforesaid, did remove and sell a large number of cigars, to wit, cigars, without the proper stamps denoting the internal-revenue tax thereon; contrary to the form of the statute of the said United States in such case made and provided. 2. And for that the said M M , on the day of , in the year eighteen hundred and , and from thence until and at the time of the said seizure, within the city and districts aforesaid, was a manufacturer of cigars; and the said leaf-tobacco, cuttings and cigars so seized were respectively raw material and manufactured cigars there found in the pos- session of the said M M , at the time of the said seizure, and the said other property so seized was machinery, tools, implements, apparatus, fixtures, boxes and materials there found in the possession of the said M M , and used in his business as such manufacturer of cigars, at the time of the said seizure as aforesaid ; and the said M M , during the period aforesaid, within the city and districts aforesaid, so being such manufacturer of cigars, and having the book by law required to be liept by him as such manufacturer, (the form of which booli had theretofore been prescribed by the Commissioner of Internal Revenue of the said United States, whereof the said M M then and before that time there 422 FOKMS ADAPTED TO CIVIL CASES. had notice,) did manufacture daily a large number of cigars : and that the said M M during that period did there make in the said book divers false and fraudulent entries of the manufacture of cigars by him, in this, that the said M M then and there, with intent to defraud the United States, did enter daily, and from day to day, in the said book, a different and much less number of cigars, to wit, one hundred less cigars, as manufactured by him daily, and from day to day, during the period aforesaid, than were in fact manufact- ured by him the said M M — — daily, and from day to day, during that period ; contrary to the form of the statute of the said United States in such case made and provided. 3. And for that at the time of the said seizure, in the city and districts aforesaid, the said cigars so seized, the same then an^ljiere being objects on which taxes were imposed, were found ia the possession of the said M M , in a certain place and building there situate, for the purpose of being sold and removed by him in fraud of the internal-revenue laws, and with design to evade the payment of such taxes on the said cigars; and the said leaf-tobacco and cuttings so seized were then and there raw materials found in the possession of the said M M , in the same place and building, he the said M M then and there intending to manufacture the same raw materials into articles of a kind subject to tax, to wit, cigars, for the purpose of fraudulently selling such cigars, and with design to evade the payment of such tax thereon : contrary to the form of the statute of the said United States in such case made and provided. And that the said other property so seized was then and there tools, implements, instruments and personal property then in the same place and building where the said cigars, leaf-tobacco and cuttings so seized were so found as aforesaid. By reason of which premises, etc.^ 1 Conclude as in No. 655, ante. INTBENAL EEVENUE. 423 Information,' on Sec. 3453, R. S., against property seized for being merchandise on which taxes were imposed, and found within the control of persons for the pur- pose of being sold and removed in fraud of the internal, revenue laws, and with a design to avoid the tax. ]^o. 678. did seize certain property, that is to B&y, fifteen hogs- heads of smohing-tobacco, together containing about pounds, and three boxes of smoTcing-tobacco, together containing about pounds, — and now holds the same in his custody, within the judicial and collection districts aforesaid, as forfeited to the said United States for the causes following, to wit : For that the said tobacco so seized, at the time of thd said seizure, in the city and districts aforesaid, was merchandise on which taxes were imposed by law, to wit, internal-revenue taxes, and was found within the control of one and one , for the purpose of being sold and removed by them in fraud of the internal-revenue laws, and with design to avoid payment of the said taxes ; contrary to the form of the statute of the said United States in such case made and provided. And for that the said property so seized, at the time of the said seizure, in the city and districts aforesaid, being smoking- tobacco as aforesaid, was merchandise on which internal-reve- nue taxes were imposed by law, and was found within the control of some person or persons to the said Attorney un- known, for the purpose of being sold and removed by the said person or persons unknown in fraud of the internal-revenue laws, and with design to avoid payment of the said taxes ; contrary to the form of the statute of the said United States in such case made and provided. By reason of which premises, and by force of the statute aforesaid, etc' 1 See No. 630, note 1. 2 Begin as in No. 658, ante. ^ Conclude as in No. 658, ante. 424 FORMS ADAPTED TO CIVIL CASES. Declaration in debt, on Sec. 3324, B. S.,to recover penalty for receiving and transporting, and having in posses- sion with intent to transport, empty spirit-casks, each hearing stamps and marks required hy law. No. 679. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF . Of the Term, in the year eighteen hundred and . Northern District of , sot. — The United States of Amer- ica, plaintiffs, by — — , their Attorney for the Northern District of , complain of W L. P , defendant, of a plea that he render to the said plaintiffs the sum of nine hun- dred dollars, which he owes to and unjustly detains from them : For that whereas the said defendant, on the day of , in the year eighteen hundred and , at , in the district aforesaid, did receive and transport, and have in possession with intent to transport, three empty casks, (of a capacity not less than five gallons severally,) each theretofore used for con- taining distilled spirits, and each then and there having thereon a stamp and marks required by law to be placed on a cask containing distilled spirits, that is to say, a certain internal- revenue stamp, called a wholesale liquor-dealer's stamp, and certain internal-revenue marks, called inspection-marks; con- trary to the form of the statute in such case made and pro- vided : Whereby, and by force of the said statute, ati action has accrued to the said plaintiffs to demand and have of the said defendant the sum of nine hundred dollars above de- manded, being the sum of three hundred dollars for each of the said empty casks so by him received, transported and had in possession as aforesaid : Yet the said defendant, though re- quested, has not paid to the said plaintiffs the said sum of nine hundred dollars above demanded, or any part thereof, but re- fuses so to do; to the damage of the said plaintiffs otone hun- dred dollars, and therefore they bring their suit, etc. United-States Attorney. INTERNAL EEVBNUE. 425 Declaration in debt, against the executors of one of a firm of distillers, on their three warehousing-bonds condi- tioned (as required by Sec. 3293, R. S., as amended by Sec. i, Act May 28, 1880, 1 Supp. R. S„ 2d Ed., 285,) for the payment of taxes within tliree years, etc. No. 680. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term, in the year 189-. District of , set. — The United States of America, plaintiffs, by ■ , their Attorney for the District of , complain of T S. D and M D. S , exec- utors of the last will and testament of G S , deceased, defendants, of a plea that they render unto the said plaintiffs the sura of forty-five thousand dollars which the said defend- ants unjustly detain from the said plaintiffs : For that whereas the said G S , now deceased, in his life-time, to wit, on the A&y of , in the year eighteen hundred and , at the city of , in the district aforesaid, by his cer tain writing obligatory, bearing date of that day, and now to the court here shown, acknowledged himself to be held and firmly bonnd unto the said plaintiffs in the sum of ten thou- sand dollars, (parcel of the sum above demanded,) to be paid to the said plaintiffs; which said writing obligatory, and a certain condition thereunder written, were and are in the words and figures following, to wit : [here set out a copy oj' one of the Tjondsl. And the said plaintiffs in fact say, that the distilled spirits in the said condition specified were entered for deposit in the warehouse and at the time therein mentioned ; and that then, and at the time when the said G S so entered into the said obligation as aforesaid, there was due and owing on each and every proof-gallon of the said spirits the internal- revenue tax of ninety cents imposed by law. Nevertheless the amount of the said internal-revenue tax so due and owing on certain of the distilled spirits aforesaid, to wit, barrels thereof, together containing taxable 4:26 FORMS ADAPTED TO CIVIL CASES. gallons, was not paid to the Collector of Internal Eeyenue for the Collection-District of , within three years from the said date of the said writing obligatory, or afterwards, either by the said G S and J G. S in the said writing obligatory named, or either of them, in the life- time of the said G- S , or by the said J G. S , or the heirs of the said G S , deceased, or the said de- fendants, executors as aforesaid, since the death of the said G S ; but the same remains due and wholly unpaid. And for that whereas also the said G S , now de- ceased, in his life-time, to wit, on the day of •, in the same year 189-, at aforesaid, in the District of afore- said, by his certain other writing obligatory, bearing date of that day, and now to the court here shown, acknowledged him- self to be held and firmly bound unto the said plaintiffs in the sum of fifteen thousand dollars, (other parcel of the said sum above demanded,) to be paid to the said plaintiffs; which writing obligatory last aforesaid, and a certain condition thereunder written, were and are in the words and figures following, to wit: \here set out a copy of another hond']. And the said plaintiffs in fact say, that the- distilled spirits in the condition last aforesaid specified were \_eto., as hefore~\. Nevertheless the amount of the said internal-revenue tax so due and owing on certain of the distilled spirits last aforesaid, to wit, \etG., as before,] within three years from the date of the writing obligatory last aforesaid, \_etc., as before]. And for that whereas also \etc., as in second count] twenty thousand dollars, (residue of the said sum above de- manded,) to be paid [etc., as in second count, to the end of tlie count]. By reason of which premises the said writings obligatory have become forfeited, and thereby an action has accrued to the said plaintiffs to demand and have of the said defendants, executors as aforesaid, the said sum ot forty five thousand dol- lars: Yet the said defendants, though requested, have not paid to the said plaintiffs that sum of money, or any part thereof, but refuse so to do, and the same remains wholly un- paid to them; to the damage of the said plaintiffs of twenty thousand dolla/rs, and therefore they bring their suit, etc. United-States Attorney. INTBENAL REVENUE. 427 Praecipe for summons in an action of debt. No. 681. UNITED-STATES CIRCUIT COURT, DISTRICT OF . Action of debt. Debt $^5,000. Damages $20,000. The United States of America vs. T S. D and M- — D. S , executors of the last will and testament of G S , deceased. Let a summons issue, as above, returnable to the term of the said court, A. D. 189-. , United-States Attorney. To , Esq., Clerk. Declaration in debt, against a rectifier, for special tax, under Sec. 3244, R. S., and for fifty per cent, additional, under Sec. 3176, B. S. No. 682. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term, in the year 189-. District of , set. — The United States of America, plaint- iffs, by , their Attorney for the District of , com- plain of N H , defendant, of a plea that he render unto the said plaintiffs the sum of three hundred dollars, which the said defendant owes to and unjustly detains from thg said plaintiffs: For that whereas the said defendant, during the year ending the thirtieth day of June,' in the year eight- een hundred and ninety-three^ to wit, on the first day of July, in the year eighteen hundred and ninety-txoo, at the city of , in the district aforesaid, did carry on the business of a rectiiier of distilled spirits; whereby, and by force of the iSee Sec. 3237, R. S., as amended by Sec. 03, Act of Oct. 1, 1890, 1 Supp. R. S., 3d Ed., 869. 428 rOEMS ADAPTED TO CIVIL CASES. statute^ in such case made and provided, the said defendant then and there became liable to pay to the said plaintiffs a special tax of two hundred dollars: Yet the said defendant has not paid to the said plaintiffs the said special tax of two hundred dollars, or any part thereof, but has hitherto neg- lected and refused so to do. And such refusal and neglect of the said defendant to pay the said special tax not having been occasioned by sickness or absence, he the said defendant thereby, and by force of the said statute,' then and there be- came liable to pay to the said plaintiffs the further sum of one hundred dollars, 'being fifty per centum additional upon the amount of the special tax aforesaid ; yet the said defendant has not paid to the said plaintiffs the said sum of one hundred dollars, or any part thereof, but has hitherto neglected and refused so to do. By reason of which premises an action has accrued to the said plaintiffs to demand and have of the said defendant the said sum of three hundred dollars above demanded: Yet the said defendant, though requested, has not paid to the said plaintiffs that sum of money, or any part thereof, but refuses so to do; to the damage of the said plaintiffs of fifty dollars, and therefore they bring their suit, etc. TJnited-States Attorney. Cognovit.* No. 683. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Term, 189-. j^ H 1 No. . ats. }- Debt. The United States, etc. j And the said N^ H , defend- ant, by , his attorney, \or, in proper person,] comes and waives service of process, etc., and confesses that he is indebted to the said plaintiffs, by reason of the matters and 2 See Sec. 3344, R. S. 3 See Sec. 3176, R. S. ' See No. 712, post. INTERNAL EEVENUE. 429 things in the said declaration above alleged, in the sum of three hundred dollars, over and above the costs of the said plaint- iffs by them about their suit in this behalf expended. N H . Declaration in debt, on Sec. 3456 (3307-3456,) against dis- tillers, to recover penalty for neglecting to render monthly account to the collector of internal revenue. No. 684. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF . Of the Term, in the year eighteen hundred and . Northern District of , set. — The United States of America, plaintiffs, complain of , defendants, of a plea that they render to the said plaintiffs the sum of one thousand dollars, which the said defendants owe to and un- justly detain from the said plaintiffs: For that whereas the said defendants, before and on the first day of May, in the year eighteen hundred and , and from thence until and on the tenth day of May, in the same year, at the city of , in the district aforesaid and the First Internal-Rev^enue Col- lection-District of , were distillers, carrying on the busi- ness of manufacturing distilled spirits, under the name and style of the Distilling Company, at a certain distillery there situate ; and that as such distillers it became and was by law the duty of the said defendants, on the first day of June, in the same year, or within five days thereafter, to ren- der to the Collector of Internal Kevenue for the said collec- tion-district an account in duplicate, taken from the books of the said defendants, and verified by their oath or that of the principal manager of the said distillery, and stating the quan- tity and kind of materials used for the production of spirits each day at the said distillery, and the number of wine-gal- lons and proof-gallons of spirits produced at the same and placed in warehouse therefrom, since the date of the last return of the business of the said distillery, to wit, since and including the said first day of May, in the year eighteen bun- 430 FORMS ADAPTED TO CIVIL OASES. clred and : Nevertheless the said defendants, so being such distillers, not regarding their duty in that behalf, know- ingly and willfully omitted and neglected to render such account, or cause the same to be rendered, to the said col- lector, on the said 'first day of June, in the year eighteen hun- dred and , or within five days thereafter, to wit, at aforesaid, in the Northern District aforesaid ; contrary to the form of the statute in such case made and provided. By means whereof, and by force of the said statute, an action has accrued to the said plaintiffs to demand and have of the said defendants the sum of one thousand dollars above de- manded : Yet the said defendants, though requested, have not paid to the said plaintiffs the said sum of money, or any part thereof, but refuse so to do; to the damage of the said plaint- iffs of one hundred dollars, and therefore they bring their suit, etc. , United-States Attorney. Information of debt on cigar-manufacturers' bond. Breach, non-payment of assessment (under Sec. 3182, R. S.,) for stamp-tax on cigars, and of penalty and interest (under Sec. 3184, R. S.). No. 685. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF , NORTHERN DI- VISION. Of the Term, in the year eighteen hundred and . Northern District of ■ Northern Division, \ set. — Be it remembered that , Attorney of the United States of America for the Northern District of , who for the said United States in this behalf prosecutes, comes in person into the Circuit Court of the said United States for the district aforesaid, at , on this day of , in this same term, and for the said United States gives the court here to understand and be in- formed, that C P , P B , M — ^- V and A L , on the day of — — , in the year eighteen hundred and , at aforesaid, in the district aforesaid, INTERNAL EEVENUE. 431 by their writing obligatory, bearing date of that day, and now to the court here shown, acknowledged themselves to be held and firmly bound, jointly and severally, unto the said United States, in the sum of nine hundred dollars, to be paid to the said United States; which said writing obligatory, and a certain condition thereunder written, were and are as fol- lows, to wit: [set out a copy of the hand sued o;;]. And thereupon the said C P and P B afterwards, to wit, on the day last above mentioned, became engaged in, and thenceforth carried on, the manufacture of cigars, at the place in the said condition mentioned, and within the Collection-District of : ISTevertheless the said C P and P B did not keep or perform the condition aforesaid, but neglected and refused so to do, to the injury of the said United States. And for assigning a breach of the said condition, the said Attorney of the said United States, who prosecutes as afore- said, for the said United States says, that after the said C P — — and P — — B so became engaged in the manufacture of cigars as aforesaid, to wit, on the day of • , in the year eighteen hundred and , the Commissioner of Internal Kevenue of the said United States duly made a certain assess- ment, under the internal-revenue laws' of the said United States, against the said C P and P B , (by the style and designation of P & B ,) in respect of their said business of a manufacturer of cigars, so by them carried on as aforesaid, and certified to the Collector of In- ternal Eevenue of the said United States for the collection- district aforesaid a list containing the said assessment, that is to say, a certain assessment of dollars and centsi for stamp-tax on cigars in the twelve months ending the day of , in the year eighteen hundred and , — the said tax not having been duly paid by stamp at the time and in the manner provided by law; which said list afterwards, to wit, on the day of , in the year eighteen hundred and , was received by the said Collector, to wit, at afore- said ; and thereupon the said Collector then and there gave to the said C P and P B notice in writing of the said assessment, stating the amount and demanding pay- ' See Sec. 3183, R. S. 432 FORMS ADAPTED TO CIVIL OASES. raent of the same: Nevertheless, although they were then and there by law required, as such manufacturers of cigars, to pay that amount to the said Collector, the said C P and P- B did not then or afterwards pay the same, or any part thereof, to the said Collector, but have hitherto neg- lected and refused so to do. And the said C P- — and P B having failed to pay to the said Collector the amount of the said assessment within ten days after such no- tice' as aforesaid, they the said C P and P B thereby, and by force of the statute^ in such case made and provided, upon the expiration of the said terra of ten days, to wit, on the day of , in the same year eighteen hun- dred and , there became liable to pay to the said United States a penalty of five per centum additional upon the said amount so assessed, and interest on that amount from the day last aforesaid at the rate of one per centum a month : Ifever- theless the said C P and P B have not paid to the said United States the penalty or interest aforesaid, or any part of either, but have hitherto neglected and refused so to do. By reason of which premises the said writing obligatory has been forfeited, and thereby an action has accrued to the said United States to demand and have of the said C P , P B , M V and A L the said sum of nine hundred dollars in the said writing obligatory mentioned : Yet the said C • P- , P B , M ) Y and A- L , though requested, have not paid to the said United States that sum of money, or any part thereof, but refuse so to do ; to the damage of the said United States of nine hundred dollars. Whereupon the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays the consideration of the court here in the premises, and that due process of law may be awarded against them the said C P , P B , M Y and A L in this behalf, to make them answer to the said United States concerning the premises aforesaid. United-States Attorney. 2 See Sec. 3184, R S. INTEENAL EEVENKB. 433 Praecipe for summons. No. 686. UNITED-STATES CIRCUIT COURT, NORTHERN DISTRICT OF . NORTHERN DIVISION. The United States of America vs. C P , P B , M V and A- L . No. . - Information of debt. Debt $900. Damages $900. Let a summons issue as above, returnable to the — Term, 189-. , United-States Attorney. To , Esq., Clerk. Declaration in deM, on Ibond of an internal-revenue ganger. Breach, permitting unlawful removal of spirits, and conspiring with others to defraud the United States ot the tax on the same, contrai-y to Sec. 3169, R. S. No. 687. ' whereby, after reciting to the efifect that the said A W had been appointed a United-States Internal- Eevenue Ganger for the Collection-District of the state of , it was provided ^ that if the said A "W should faithfully discharge the duties assigned to him by law or reg- ulations as such Internal-Kevenue Gauger, then the said writ- ing obligatory should be void and of no effect, and otherwise should remain in full force and virtue: And thereupon the said A "W , having been appointed a gauger as in the said condition mentioned, under the authority of the internal- revenue law of the said United States, then and there took upon himself the said office of gauger, and thenceforth was such gauger for the said collection-district, and acting as such under the authority aforesaid : Nevertheless the said A' 1 Begin as in No. 653, ante. 2 Sec. 3156, R. S., requires gaugers to give such bond. 28 434: FOEMS ADAPTED TO CIVIL OASES. W did not faithfully discharge the duties assigned to him By law and regulations as such ganger, but neglected and re- fused so to do, to the injury of the said plaintiffs. And for assigning a breach of the said condition, the said plaintiffs say, that while the said A W was such ganger as aforesaid, and assigned for duty and acting as such at a certain distillery known as the distillery of the Dis- tilling Company, situate in the city of , in the collection- district aforesaid, to wit, on the day of , in the year eighteen hundred and , in the District of aforesaid, he the said A W did permit divers persons to the said plaintiffs unknown to unlawfully remove, and they the said persons unknown did by and with such permission of the said A W unlawfully remove, from the distillery aforesaid, a certain large quantity, to wit, proof-gallons of distilled spirits, produced at the said distillery, and sub- ject, to the internal-revenue tax imposed by law, to some place to the said plaintiffs unknown, other than the distillery- warehouse provided by law, without the payment of the said tax on the said distilled spirits ; whereby the said plaintiffs were defrauded of the amount of the said tax on the distilled spirits aforesaid, to wit, the sum of ■ , and lost and were deprived of the same, to wit, on the day last aforesaid, at aforesaid. And for assigning a further breach of the said condition, the said plaintiffs say, that while the said A "W" was such ganger as aforesaid, and assigned for duty and acting as such at the distillery aforesaid, to wit, on the day of , in the same year 189-, at aforesaid, in the judicial and collection districts aforesaid, he the said A W did conspire and collude with divers persons to the said plaintiffs unknown to defraud the said plaintiffs of the amount of the internal-revenue tax on a certain other large quantity, to wit, proof-gallons, of distilled spirits, subject to the tax aforesaid, and then being in the said distillery and the dis- tillery-warehouse thereto pertaining; in pursuance and by means of which conspiracy and collusion the last-mentioned persons unknown then and there removed the distilled spirits last aforesaid from the distillery and warehouse aforesaid, and eloigned and disposed of the same distilled spirits, with- INTERNAL EEVENDE. 435 out the payment of the said tax thereon, and thereby defrauded the said plaintiflFs of the amount of the said tax on the same : by means whereof the said plaintiffs then and there lost and were deprived of the amount of the said tax on the distilled spirits last aforesaid, to wit, the sum of . And for assigning a further breach of the said condition, the said plaintiffs say, that while the said A W was such ganger as aforesaid, and assigned for duty and acting as such at the distillery last aforesaid, to wit, on the day of , in the same year 189-, and at divers other times as well before as since that day, at aforesaid, divers other large quan- tities, together amounting to proof-gallons, of distilled spirits, produced at that distillery, and subject to the internal- revenue tax imposed by law, were by and with the collusion, connivance and assistance of the said A W removed from the distillery and warehouse last aforesaid, and eloigned and disposed of, without the payment of the said tax thereon ; whereby the said plaintiffs have been defrauded of and lost the amount of the said tax on the distilled spirits last afore- said, that is to say, the sum of , to wit, at aforesaid. By reason of which premises, etc' Demurrer, general and special, to plea to foregoing decla- ration. No. 688. [Title as in No. 719, post.'] And the said plaintiffs, as to the plea of the said defendants by them above pleaded, say that the same, and the matters therein contained, in man- ner and form, etc., are not suflacient in law to bar the said plaintiffs, etc., and that they are not bound by law to answer the same; and this they are ready to verify: Wherefore, for want of a sufficient plea in this behalf, the said plaintiffs pray judgment, etc. And for special causes of demurrer to the said plea, the said plaintiffs show to the court here the following, that is to say : 1. The said plea is double, in this, that the • Conclude as in No. 653, ante. 436 FOBMS ADAPTED TO CIVIL CASES. said defendants thereby attempt to set up a conviction of the said A W of certain offenses, and also a pardon of the said A W of the same offenses. 2. The said plea is otherwise informal, defective and insufScient. Information ^ of debt on distiller's bond. Breach, non-pay- ment of assessment (under See. 3182, K. S.,) for tax on distilled spirits, and of penalty and interest (under Sec. 3184, R. S.). 'No. 689. ' gives the court here to understand and be informed, that the Lake Shore Distilling Company, {a corporation under that name,) B A. H , H 0. B and A- — , on the day of , in the year eighteen hundred and , to wit, at , in the district aforesaid, by their writing obligatory, bearing date of that day, and now to the court here shown, acknowledged themselves to be held and firmly bound, jointly and severally, unto the said United States, in the sum of dollars, to be paid to the said United States ; which said writing obligatory was and is subject to a certain condition thereunder written, whereby, after reciting to the effect that the said Lake Shore Distilling Company in- tended on and after the day of , in the same year eighteen hundred and , to be engaged in the business of a distiller, within the Collection-District of the state of , to wit, at Avenue, in the city of aforesaid, it was in effect provided that if the said Lake Shore Distilling Compa/ny should in all respects faithfully comply with all the provisions of law in relation to the duties and business of dis- tillers, and should pay all penalties which should be incurred by the said company, or fines which should be imposed upon it, for violation of any of those provisions, and should not suffer the lot or tract of land, or any part of the same, on which the said company''s distillery stood, or any of the dis- tilling-apparatus thereof, to be encumbered by mortgage, judgment, or other lien, during the time in which the said company should carry on the said business, then the said ob- 1 See No. 630, note 1. 2 Begin as in No. 673, ante. INTERNAL EEVKNUE. 437 ligation should be void, and otherwise should remain in full force : And the said Lalce Shore Distilling Company after- wards, to wit, on the day last aforesaid, became engaged in the business of a distiller, and thenceforth carried on the same, at the distillery in the said condition mentioned; yet the said company did not in all respects faithfully comply with all the provisions of law in relation to the duties and business of distillers, or pay all the penalties incurred by the said company for violation of those provisions, but neglected and refused so to do, to the injury of the said United States. And for assigning a breach of the said condition, the said Attorney of the said United States, who prosecutes as afore- said, for the said United States says, that after the said Lake Shore Distilling Compiany so became engaged in the business of a distiller, to wit, on the day of , in the year eighteen hundred and , the Commissioner of Internal Revenue of the said United States, having then obtained knowledge of the fact in that behalf, duly made a certain as- sessment of tax, under the internal-revenue laws ' of the said United States, against the said company, Q>y the style and des- ignation of n G. F and G M , constituting the firm of the Lake Shore Distilling Co., ), in respect of its said business of a distiller, and certified and returned to the Collector of Internal Eevenue of the said United States for the collection-district aforesaid a list containing the said assessment, that is to say, an assessment of dollars and cents, for tax on gallons of distilled spirits, at ninety cents a gallon, for the period from the day of , in the year eighteen hundred and , to the day of , in the same year, — the said tax on the said distilled spirits not having been duly paid by stamp at the time and in the manner provided by law; which said list afterwards, to wit, on the day of ■ , in the same year eighteen hundred and , was received by the said Collector, to wit, at aforesaid ; and thereupon the said Collector then and there gave to the said Lalce Shore Distilling Comjyany notice in writing of the said assessment, stating the amount and de- manding payment of the same: Nevertheless, although it was then and there by law the duty of the said Lake Shore Dis- ' i See Sec. 3183, R. S. 438 FORMS ADAPTED TO CIVIL CASES. tilling Company to pay that amount to the said Collector, the said company did not then or afterwards pay the same, or any part thereof, to the said Collector, but has hitherto neglected and refused so to do. And the said Lake Shore Distilling Company having failed to pay to the said Collector the amount of the said assessment within ten days after such notice as aforesaid, the said company thereby, and by force of the stat- ute * in such case made and provided, upon the expiration of the said term of ten days, to wit, on the day of , in the year eighteen hundred and • , there became liable to pay to the said United States a penalty of five per centum additional upon the said amount so assessed, and interest on that amount from the day last aforesaid at the rate of one per centum a month ; nevertheless the said Lake Shore Dis- tilling Company did not then or afterwards pay to the said United States the penalty and interest aforesaid, or any part of either, but has hitherto neglected and refused so to do. By reason of which premises, etc.* ■ Information of debt. F B. M . ) COPY OF ACCOUNT. F B. M , _ To the United States, Ur. To amount of money twice drawn by him, as lieutenant, 13th U. S. Infantry, for transportation, in 1867 1176 30 189-. Sept 1. To money had and received for use of United States. . . . 200 00 To money due to United States on account stated 200 00 Tointerest 400 00 Cognovit.^ No. Y12. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . October Term, 189 F B. M 1 No. ats. y Information of debt. The United States of America. J And the said F B. M , in his own person, comes and confesses that he is indebted to the said United States in the sum of one hundred and seventy-six dollars and thirty cents, for the debt in the said information mentioned, and that the said United States have sustained damage to the amount of ninety-eight dollars a/nd s&oenty-tnjoo cents, for the detention of the said debt, over and above their costs by them about their suit in this behalf expended : And the said F B. M consents and agrees that judgment may be entered against him in this behalf for the debt and damages above specified, and such costs. F B. M . I See No. 683, ante. 466 rOEMS ADAPTED TO CIVIL CASES. Intormation of debt, on bond of assistant quartermaster, against the principal and one of the sureties, (the other being dead). No. Y13. 1 gives the court here to understand and be informed, that r S. W and J F. H , (together with one E. D. S , since deceased,)^ on the day of , in the year eighteen hundred and , to wit, in the district ' afore- said, by their writing obligatory, bearing date of that daj', and now to the court here shown, acknowledged themselves to be held and firmly bound, jointly and severally, unto the said United States, in the sum of ten thousand dollars, to be paid to the said United States ; which said writing obligatory was and is subject to a certain condition thereunder written, whereby, after reciting to the effect * that the said F S. W had been appointed an assistant quartermaster of the United-States volunteers, with the rank of captain, and had accepted the said appointment, it was in effect provided that if the said F S. ~W at all times, thenceforth and dur- ing his holding and remaining in the said oiEce, should care- fully discharge the duties thereof, and should faithfully expend all public money, and honestly account for the same, which should come into his hands, in his said capacity of assistant quartermaster, without fraud or delay, then the said obliga- tion should be void, otherwise should remain in full force: And thereupon the said F S. W , having been appointed such assistant quartermaster as in the said condition men- tioned, afterwards, to wit, on the day last aforesaid, took upon himself the duties of the said office, and became and thenceforth was such assistant quartermaster, to wit, in the district aforesaid ; yet he did not keep or perform the condi- tion aforesaid, but neglected and refused so to do. And for assigning a breach of the said condition, the said Attorney of the said United States, who prosecutes as afore- 1 Begin as in iSToa. 703, 685, 673, or 653, ante. 2 See No. 696, ante. » See No. 715, note 3, post. * Id., note 2. MISCELLANEOUS. 467 said, for the said United States says, that while the said F S. W was such assistant quartermaster as aforesaid, to wit, after the said day of , in the year eighteen hun- dred and , and before the day of , in the year eighteen hundred and , there came into his hands, in his said capadty of assistant quartermaster, certain public money and property of the said United States, to a large amount and of freat value, to wit, to the amount and value of one hun- d/red and eighty-six dollars and three cents, to wit, in the dis- trict aforesaid ; yet although the said F S. "W after- wards, to wit, on the day last aforesaid, was there requested to account to the said United States for the same public money and property, he did not nor would then or after- wards account to the said United States therefor ; and the same public money and property still remain unaccounted for and due, and the amount and value thereof as aforesaid wholly unpaid, to the said United States, together with law- ful interest on the said amount and value from the day last mentioned, to wit, in the district aforesaid. By reason of which premises the said writing obligatory has become forfeited, and thereby an action has accrued to the said United States to demand and have of the said F S. W and J F. H the said sura of ten thousand dollars in the said writing obligatory mentioned: Yet the said F S. W and J F. H , though requested, have not paid to the said United States that sum of money, or any part thereof, but refuse so to do ; to the damage of the said United States of five hundred dollars. Whereupon, etc.* ' Conclude as in No. 703, 685, or 652, ante. 468 FOKMS ADAPTED TO CIVIL CASES. Information of debt, on bond of a Receiver of Public Mon- eys, against one of several sureties severally bound; and being, a suit begun in a different district from that in which the bond was executed and the receiver held oflflce. Breach, not accounting for or paying over public moneys. No. 714. ^ gives the court here to understand and be informed, that J W. T , on the day of , in the year eighteen hundred and , to wit, in the district ^ aforesaid, by his writing obligatory, bearing date of that day, and now to the court here shown, acknowledged himself to be held and firmly bound unto the said United States, in the sum of thirty thousand dollars, to be paid to the said United States ; which said writing obligatory was and is subject to a certain condition thereunder written, whereby, after reciting to the effect ' that the President of the said United States had, pur- suant to law, appointed one B F. M to be Receiver of Public Moneys at , , until the end of the then next session of the Senate of the said United States, by commission dated the day of , in the year eighteen hundred and , it was in effect provided that if the said B F. M had truly and faithfully executed and discharged, and should continue truly and faithfully to execute and discharge, all the duties of the said oflBce of receiver, according to law, then the said obligation should be void, and otherwise should remain in full force : And thereupon the said B F. M , having been appointed as in the said condition mentioned, afterwards, to wit, on the said day of , in the year eighteen hundred and , took upon himself the duties of the said office of receiver of public moneys, and thenceforth was such receiver, to wit, in the district aforesaid: Yet the said B F. M did not keep or perform the said condition, but neglected and refused so to do, to the injury of the said United States. ' Begin as in No. 703, 685, 673, or 653, ante. - See No. 715, note 3, post, 3 Id, note 3. MISCELLANEOUS. 469 And for assigning a breach of the condition aforesaid, the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States says, that while the said B F. M was such receiver of public moneys as afore- said, and before and on the day of , in the year eighteen hundred and , he received and took into his hands as such receiver divers public moneys of the said United States, to a large amount and of great value, to wit, U) the amount and of the value of ten thousand dollars, to wit, in the district aforesaid ; which said public moneys' so received and taken it was then and there by law the duty of the said B F. M — - to account for and pay over to the said United States: [Nevertheless the said B F. M did not nor would then or afterwards account for or pay over to the said United States a certain large sum of the said public moneys so bj'^ him received and taken, to wit, the sum of two thousand three hundred and ten dollars, and the same still remains un- accounted for and unpaid and due to the said United States. By reason of which premises, etc' Information of debt on Indian-Agent's bond. Breacli, not accounting for or paying over public moneys and prop- erty, k suit (begun in the district where the bond was executed, but in a different district from that wherein the agent held office,) against the principal and all of the sureties. No. 715. ^ gives the court here to understand and be informed, that C • P. L , A P. L , J M and C W , on the day of , in the year eighteen hundred and , to wit, at , in the district aforesaid, by their writing obligatory, bearing date of that day, and now to the court here shown, acknowledged themselves to be held and firmly bound, jointly and severally, unto the said United States, in the sura of fifty thousand dollars, to be paid to the said United States ; which said writing obligatory was and is ' Mutatis mutandis, conclude as in No. 703, 685, or 653, ante. 'Begin as in No. 703, 685, 673, or 652, ante. 470 FOKMS ADAPTED TO CIVIL CASES. subject to a certain condition thereunder written, whereby, after reciting to the effect that the said C P. L had been appointed agent for the Indians of the - — - Agency, in , and had a3oepted the said appointment, it was in effect^ provided that if the said C P. L at all times thence- forth, and during his holding and remaining in the said ofiBce, should carefully discharge the duties thereof, and should faithfully expend all public moneys, and honestly account, without fraud or delay, for the same, and for all public prop- erty which should come into his hands, then the said obliga- tion should be void, and otherwise should remain in full force: And thereupon the said C P. L , having been appointed such agent for Indians as in the said condition mentioned, afterwards, to wit, on the day last aforesaid, took upon him- self the duties of the said office, and became and thenceforth was such agent as aforesaid, to wit, in the city and district ' aforesaid : Yet the said C P. L has not kept or per- formed the said condition of the said writing obligatory, but has neglected and refused so to do, to the injury of the said United States. And for assigning a breach of the condition aforesaid, the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States says, that afterwards, to wit, on the ■ day of , in the year eighteen hundred and , there were in the hands of the said C P. L certain public moneys and property of the said United States, by him received and taken into possession while he was sucli agent for Indians as aforesaid, and as such agent, to a large amount and of great value, to wit, to the amount and value of , to wit, in the city and district aforesaid ; which said public moneys and property, so in the hands of the said C P. L , it was then and there b}^ law his duty to account for and pay over to the said United States ; nevertheless the said C P. L did not nor would then or afterwards account for or pay over to the said United States the same public moneys and property, and the same still remain wholly 2 File a copy of the bond at the time of filing this information. ' Transitory facts may be laid with any venue, at the choice of the plaint- iff ; though it is the usual and most proper course to lay all these with the venue in the action. Stephen on PI. 375. MISCELLANEOUS. *'^ unaccounted for and due, and the amount and value thereof as aforesaid wholly unpaid, to the said United States, together with lawful interest thereon from the day last mentioned, to wit, in the city and district aforesaid. By reason of which premises, etc.* Plea of nil debet,^ by one defendant. No. T16. And the said J M , by , his attorney, comes and defends the wrong and injury, when, etc., and says that he does not owe the said sum of money above demanded, or any part thereof, in manner and form as the said plaintiffs have above complained against him; and of this the said J M puts himself upon the country. Demurrer to foregoing plea. No. Y17. And the said Attorney of the said United States, who pros- ecutes as aforesaid, as to the plea of the said J M by him above pleaded, for the said United States says, that the said plea, and the matters therein contained, in manner and form as the same are above pleaded and set forth, are not sufficient in law to bar the said United States from having their aforesaid action, and that he the said Attorney of the said United States, who prosecutes as aforesaid, is not bound by law for the said United States to answer the same ; and this he for the said United States is ready to verify : "Where- fore, for want of a suflBioient plea in this behalf, he for the said United States prays judgment, etc. United-States Attorney. ♦Conclude as in No. 703, 685, or 652, ante. 1 Should have been either non est factum, or special, or both. 4:Y2 rOEMS ADAPTED TO CIVIL CASES. Pleas ot nil debent,^ non est factum, and performance ^ gen- erally, by the other defendants. No. 718. And the defendants C P. L , A P. L and C "W , by , their attorney, come and defend the wrong and injury, when, etc., and say that they do not owe the said sum of money above demanded, or any part thereof, in manner and form as the plaintiffs have above com- plained against them ; and of this the said defendants put themselves upon the country, etc. And for a further plea in this behalf, the said defendants say that the supposed writing obligatory in the said declara- tion mentioned is not their deed; and of this they put them- selves upon the country, etc. And for a further plea in this behalf, the said defendants say that the said defendant P. L did from time to time, and at all times, after the making of the said writing obligatory and the said condition thereof, and during his holding and remaining in the said oflBce of agent for the In- dians of the Agency, in , well and truly keep and perform all and singular the matters and things in the said condition specified, on his part to be kept and performed, ac- cording to the tenor and effect of the said condition: And this the said defendants are ready to verify ; wherefore they pray judgment if the said plaintiffs ought to have their afore- said action, etc. 1 See No. 719, post 2 lb. MISCELLANEOUS. 473 Similiter to the second of the preceding pleas, and demur- rer to the first and third. No. 719. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . July Term, 189-. The United States j No. . vs. > Information of debt. C P. L and others. ) And , now ' Attor- ney of the said United States, who for the said United States in this behalf now prosecutes, as to the plea of the said C P. L , A P. L and C W by them secondly above pleaded, and whereof they have put themselves upon the country, for the said United States does the like. And the said Attorney of the said United States, Avho now prosecutes as aforesaid, as to the pleas of the said C P. L , A P. L and C W- by them first and thirdly above pleaded, for the said United States says, that the said pleas, and each of them, and the matters therein con- tainedj in manner and form as the same are above pleaded and set forth, are not sufficient in law ^ to bar the said United States from having their aforesaid action, and that he the said Attorney of the said United States, who now prosecutes as aforesaid, is not bound by law for the said United States to answer the same ; and this he for the said United States is ready to verify : "Wherefore, for want of sufficient pleas or plea in this behalf, he for the said United States prays judg- ment, etc. , United-States Attorney. ' This expression may be used in a case where the pleadings subsequent to the information or other pleadings are filed by a successor to the District Attorney who filed the information or antecedent pleadings. 2 Nil detent is not a sufficient plea where a specialty is the foundation of the action, although it is good to an action of debt on a statute, for a pen- alty. 1 Chitty Fl. 434. A plea of performance generally, to a declaration making negative aver- ments in assigning breaches, is not good. 3 Blackf. (Ind.) 117. 474 FOEMS ADAPTED TO CIVIL CASES. Declaration in debt, oti a bond conditioned for the perform- ance of a contract between an officer of the United States and a person undertaking to deliver material for public works. No. 720. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Of the Term, in the year 189-. District of , set.— The United States of America, plaint- iflFs, by , their Attorney for the District of , com- plain of A W , J E. H and C S , de- fendants, of a plea that they render to the said plaintiffs the sum of one hundred thousand dollars, which the said defendants owe to and unjustly detain from the said plaintiffs: For that whereas heretofore, to wit, on the day of , in the year eighteen hundred and , in the district ' aforesaid, a certain contract in writing was made and entered into by and between G "W , major of the Corps of Engineers of the United States Army, for and on behalf of the said plaint- iffs, of the one part, and the said A "W , of the other part, whereby the said A "W undertook to furnish and deliver the cut stone required for certain new locks then constructing b\'^ the said plaintiffs in the canal at , in the state of ; which said contract, and the advertisement, specifications and instructions therein mentioned, were and are in the words and figures following, to wit : {insert them']. And on that occasion the said A W , J E. H and C S afterwards, to wit, on the day of , in the same year 189-, in the district aforesaid, by their writing obligatory, bearing date of that day, and now to the court here shown, acknowledged themselves to be held and firmly bound, jointly and severally, unto the said plaint- iffs, in the sum of one hundred thousand dollars above de- manded, to be paid to the said plaintiffs; which said writing obligatory was and is subject to a certain condition thereunder written to the effect^ that if the said A W should 1 See No. 715, note 3. 2 A copy of the bond should be filed with this declaration. MISCELLANEOUS. 475 well and truly perform and keep all the covenants and con- ditions comprised or mentioned in the contract aforesaid, on his part to be performed and kept, according to the true intent and meaning of the said contract, then the said writing obliga- tory should be void, and otherwise should remain in full force and virtue. And the said plaintiffs in fact say, that the said A W has not well and truly performed and kept all the covenants and conditions comprised or mentioned in the said contract, on his part to be performed and kept, according to the true intent and meaning thereof, but has neglected and refused so to do, to the injury of the said plaintiffs. And for assigning a breach of the said condition, the said plaintiffs say, that the said A W did not commence the delivery of the cut stone in the said contract mentioned, or furnish or deliver any part of the same, on or before the day of ■ , in the year 189-, or at any time thereafter, though often requested so to do ; and that afterwards, to wit, on the day of , in the year 189-, the said A W so having failed and still failing to commence the de- livery of such cut stone, and, in the judgment of the said G W , then the engineer in charge of the work upon the said locks, having failed to prosecute faithfully and dili- gently and in accordance with the specifications and require- )nents of the said contract the work so by him the said A ^V undertaken to be performed, the said contract was an- nulled by the said G W , for and on behalf of the said plaintiffs, to wit, in the district aforesaid; whereof the said defendants then and there had notice : And by reason of the failure of the said A W to perform his said con- tract, as aforesaid, and the same having been annulled as aforesaid, the said plaintiffs were obliged to and did after- wards, to wit, on the day of -, in the year 189-, again advertise (as provided by law) for proposals to furnish and de- liver the cut stone required for the said locks, and which ought to have been furnished and delivered by the said A W , according to the contract aforesaid, to wit, in the district afore- said; for which advertising the said plaintiffs were then and there obliged to and did expend a large sum of money, to wit, Jlfty dollars : And upon so again advertising, the lowest bid re- ceived for the furnishing and delivery of such cut stone was at 476 FOEMS ADAPTED TO CIVIL CASES. the rate and price of cents for each cubic foot thereof; which said bid was thereupon, to wit, on the day of , in the same year 189- accepted by the said plaintiffs, to wit, in the district aforesaid ; and at that rate and price the said plaint- iffs were then and there obliged to and did contract for and purchase such cut stone so required for the said locks, that is to say, the quantity of cubic feet of such cut stone ; whereby the said plaintiffs have been obliged to expend and become liable to expend, and have expended and become liable to expend, a large sum of money, to wit, forty thousand dol- lars, in excess of the amount which they would have been liable to pay to the said A^ "W under his contract aforesaid, to wit, in the district aforesaid. And also by rea- son of such failure of the said A "W to perform his contract aforesaid, the work of constructing the said locks has been greatly hindered and delayed ; and thereby divers persons and articles necessarily engaged and hired by the said plaintiffs in that behalf have been kept idle and unemploj^ed, though under pay from the said plaintiffs, for a long space of time, to wit, six months, and divers articles and materials pro- vided by the said plaintiffs for the said work have been dam- aged and lost ; and thereby also the excavations, embankments, masonry and wood-work of the said locks have been greatly damaged through exposure in an unfinished condition, and the said plaintiffs have been put to great expense and trouble in endeavoring to protect and preserve the same and the said articles and materials provided for the said work: by means whereof the said plaintiffs have incurred great loss and ex- pense, amounting to a large sum of money, to wit, sixty thou- sand dollars, to wit, in the district aforesaid. By reason of which premises the said writing obligatory has become forfeited, and thereby an action has accrued to the said plaintiffs to demand and have of the said defendants the said sum of one hundred thousand dollars above demanded : Yet the said defendants, though requested, have not paid to the said plaintiffs that sum of money, or any part thereof, but refuse so to do ; to the damage of the said plaintiffs of one hundred thousand dollars, and therefore they bring their suit, etc. ^ United-States District Attorney. MISCELLANEOUS. 477 Declaration in trover, for logs cut on public lands and bought by the defendants. No. 721. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOE THE mRTHERN DISTRICT OF ILLINOIS. Of the Decemher Term, in the year 1893. Northern District of Illinois., set. — The United States of America, plaintiffs, by , their Assistant Attorney for the Northern J)\str[ct of Illinois, complain of E E and C E , defendants, of a plea of trespass on the case: For that whereas the said plaintiffs, on the day of , in the year eighteen hundred and , in the county of Missaukie and state of MicJdgan, to wit, in the district' aforesaid, were lawfully possessed, as of their own property, of certain goods and chattels, to wit, eight hundred pine logs, of the value of one thousand dollars; and being so possessed thereof, the said plaintiffs afterwards, to wit, on the day afore- said, there casually lost the said goods and chattels out of their possession, and the same afterwards, to wit, on the same day, there came to the possession of the said defendants by finding: Yet the said defendants, well knowing the said goods and chattels to be the property of the said plaintiffs, have not as yet delivered the same, or any part thereof, to the said plaintiffs, although often thereto requested, and afterwards, to wit, on the same day, there converted and disposed of the said goods and chattels to their the said defendants' own use ; to the damage of the said plaintiffs of one thousand dolUu's, and therefore they bring their suit, etc. Assistant United-States Attorney. 1 See No. 715, note 3, ante. 478 FOEMS ADAPTED TO CIVIL CASES. Petition, by a District Attorney of another district, for a writ of habeas corpus ad testificandum, or order of court in lieu thereof, to obtain the testimony, on be- half of the United States, before the grand and petit juries of said other district, of a person confined in a penitentiary in the district where the petition js filed. No. Y22. To the Honorable "W Q. G , Circuit Judge of the United States of America for the Circuit : G IST. B , Attorney of the United States of America for the District of I ■, shows unto your honor, that one J W. O'C has been in due form of law apprehended, and committed in default of bail, for an offense against the laws of the said United States, to wit, the offense of forciUy ireaking into a post-office, with intent to commit larceny therein, at M , in the district aforesaid, contrary to Section _Blj.78 of the Revised Statutes ; and that the said J — — W. O'C is now in jail within the said District of I , awaiting the action in that behalf of a grand jury in the District Court of the said United States for that district ; and that a session of such grand jury will begin at W , in the said district, on the • day of the coming month of (189-), at which session the above-mentioned charge against the said J— W. O'C ■ will be inquired into and investigated; and that if an indictment shall be found by such grand jury in that be- half, the trial of such indictment will probably take place within a short time aftesr the finding of the same. And the said District Attorney further shows, that one E A is a material witness on the part of the said United States, in the matter of the said charge against the. said J W. O'C , and the presence and testimony of the said R A before such grand jury and on such trial as aforesaid will be necessary in order to a full and proper inquiry into the charge aforesaid, and to the sustaining of such indictment ; and that the said R A is now confined in the peni- tentiary of the state of , at , and in the custody of the Warden of the said penitentiary, under a sentence and judgment of the District Court of the oaid United States for MI80BLLAKEOTJ8. 479 the Northern District of O , rendered on the day of , 189- imposing upon him imprisonment in the said peni- tentiary for the term of years. Wherefore the said District Attorney prays a writ of habeas corpus ad testificandum in this behalf, directed to the said "Warden of the penitentiarj' aforesaid, commanding him forth- with to have the body of the said E A before your honor, at , in the said Northern District of O ; and that when the said K A shall be so produced in pur- suance of such writ, your honor may make such further di- rection and order as shall be necessary and proper for remov- ing the said R A to the said District of I , there to testify as such witness as aforesaid, and for returning him to the said penitentiary when he shall be no longer needed as such witness ; or that without such writ, or in lieu thereof, j'our honor may make such order as shall be necessary and proper in the premises. G N. B , United-States Attorney, District of I . Order of court, made in pursuance of the foregoing peti- tion, directing the Marshal to remove the witness to the other district and return him to the penitentiary when no longer needed. No. 723. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF O . Tuesday, August 30th, A. D. 189- Present the Honorable W Q. G , Circuit Judge. In the matter of the petition of the United-States At- torney for the District of I . > On reading and filing the pe- tition in this behalf, presented in court by the Attorney of the United States of America for this Northern District of O ; — and it appearing to the court that one J W. O'O [here recite statements in the fi/rst paragraph of the 480 FOEMS ADAPTED TO CIVIL CASES. foregoing petition] ; and that one E A , now in the penitentiary of the state of at , and in the custody of the "Warden of the said penitentiary, and under a sentence and judgment of the District Court of the said United States for this district, is a material witness on the part of the said United States, in the matter of the said charge against the said J W. O'C , and the presence and testimony of the said R A before such grand jury and on such trial as aforesaid will be necessary in order to a full and proper inquiry into the charge aforesaid, and to the sustaining of such indictment ; — and the court being now fully advised in the premises : It is therefore ordered by the court, that the said "Warden of the said penitentiary forthwith deliver the said R A to the Marshal of this Northern District of O ; and that the said Marshal forthwith remove the said R A to the said District of I , and bring him before the said Dis- trict Court for that district, there to testify as such witness as aforesaid ; and that the said Marshal safely keep the said R A , and forthwith return him to the custody of the said Warden, at the penitentiary aforesaid, whenever the said R A shall be no longer needed as such witness. Supplementary petition, by the District Attorney for the district where the same is filled, praying for a like writ or order, to secure the further testimony of the same witness before the petit jury of the other district; trial having been postponed, and the witness returned to the penitentiary. No. 724. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF O . In the matter of the petition of the United-States At- torney for the District of I . No. "W G. E , Attorney of the United States of America for this district, shows to the honorable the judges of this court, that in pursuance of MISCELLANEOUS. 481 an order made and entered in this behalf on the day of last, one R A was by the Marshal of this district taken from the penitentiary of the state of O , at , and removed to the District of I , there to testify as a witness on the part of the said United States, in the Dis- trict Court of the said United States for that district, as well before the grand jury as before the petit jury thereof, in the matter of a certain charge against one J W. O'C , to wit, the charge oi forcibly Ireahing into a post-office, with irv- tent to commit larceny therein, at M , in the said District of I ; and that the said E A did accordingly tes- tify in that matter before the said grand jury, and an indict- ment for the said offense was thereupon found against the said J "W. O'C , which indictment is still pending in the said District Court for that district ; but that the trial of the said indictment having been postponed, the said E A was by the said Marshal returned to the said peniten- tiary, pursuant to the order aforesaid. And this petitioner further shows, that the trial of the said indictment has been set for, and will probably take place on, the day of instant, at , in the said District of I ; and that the said J W. O'C remains in jail within that district, awaiting such trial; and that the said E A is a material witness on the part of the said United States in that' behalf, and his presence and testimony on such trial will be necessary to the sustaining of the said indictment ; and that the said E A has been and now is confined in the penitentiary aforesaid, and in the custody of the "Warden thereof, under a sentence and judgment of the District Court of the said United States for the said Northern District of , rendered on the day of , 189-, im- posing imprisonment for the term of years, as set forth in the original petition in this behalf. Wherefore this petitioner, at the instance of the Attorney of the said United States for the said District of I , prays a writ of habeas corpus ad testificandum in this behalf, directed to the said Warden of the penitentiary aforesaid, commanding him to have the body of the said E A before this honorable court, or one of the judges thereof, at , in the said Northern District of O , within a short time to be in 31 4:82 fORMS ADAPTED TO CIVIL CASES. such writ named; and that when the said R A shall be so produced in pursuance of such writ, this court or such judge may make such further direction and order as shall be necessary and proper for removing the said E A to the said District of I^ — , there to testify as a witness on such trial as aforesaid, and for returning him to the said peniten- tiary when he shall be no longer needed as such witness; or that without such writ, or in lieu thereof, this court or such judge may make such order as shall be necessary and proper in the premises. "W" G. E , U. S. Attorney. Order of court, in pursuance of the foregoing supplement- ary petition. No. Y25. IN THE CIRCUIT COURT, ETC., (as in No. 734). In the matter of the petition of the United-States At- torney for the District of I : YNo.- On reading and filing the supplementary petition of the District Attorney for this dis- trict ; — and it appearing to the cour tthat J W. O'O , therein named, stands indicted in the District Court of the United States for the District of I , for the offense of for- cibly breaking into a post-office, with intent to commit larceny therein, at M , in the said district, and remains in jail within that district, awaiting the trial of the indictment in that be- half ; and that such trial has been set for, and will probably begin on, the day of instant, at , in the said District of I ; and that K A , named in the peti- . tions herein, is a material witness on the part of the said United States in that behalf, and his presence and testimony on such trial will be necessary to the sustaining of the said in- dictment ; and that the said R A is still confined in the penitentiary of the state of O , at , and in the custody of the "Warden thereof, under a sentence and judgment of the District Court of the said United States for this district ; the MISCELLANEOUS. 483 said E A having been returned to the said peniten- tiary after testifying in the same matter before the grand jury of the said District Court for the District of I aforesaid ; — and the court being now fully advised in the premises: It is therefore ordered by the court, that the said "Warden of the said penitentiary forthwith deliver the said E A to the Marshal of this Northern District of O ; and that the said Marshal forthwith remove the said E A to the said District of I , and bring him before the said Dis- trict Court for that district, at aforesaid, there to testify as such witness as aforesaid ; and that the said Marshal safely keep the said E A , and forthwith return him to the custody of the said Warden, at the penitentiary aforesaid, whenever the said E A shall be no longer needed as such witness. Replication to the return to a writ of habeas corpus issued upon the petition of a United-States supervisor of elec- tion, in custody on a charge of violating a city ordinance. No. 726. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMER- ICA FOR THE DISTRICT OF . Of the Term, in the year 189-. In the matter of the petition j of F G for a writ > of habeas oorj>us. ) And the said petitioner, in his own person, and b}'^ J B. L , United-States At- torney for this district, for replication to the return to the writ of habeas corpus in this behalf, says that by reason of anything in the said return alleged the said petitioner ought not to be detained or restrained of bis liberty, because he says, that the supposed disorderly conduct and violation of ordinance mentioned in the writ of commitment set forth in the said return are the same acts and things done and per- formed by the said petitioner as alleged in his said petition, and not other or different ; and that the said acts and things so done and performed by the said petitioner were by him 484 FORMS ADAPTED TO CIVIL CASES. done and performed in the discharge of his duties as a super- visor of election, as in the said petition set forth, and not citherwise, and in the absence ' of the deputies or deput}"^ of the Marshal of this district; and that the said petitioner is wrongfully and unlawfully, and without the cause alleged in the said return, detained and restrained of his liberty: Where- fore he prays, etc. . F G . District of , set. — F G ; the petitioner in the foregoing replication named, makes oath and says, that the matters and things in the said replication contained are true, to the best of his knowledge, information and belief. F G . Subscribed and sworn before me by the above-named F G , this day of , A. D. 189-. E A. D , U. S. Commissioner. Petition of a revenue officer for the removal, under Sec. 643, B. S., to a United-States circuit court, of a suit commenced against him in a state court. ISTo. 727. To the Honorable Judges of the Circuit Court of the United States of America for the Northern District of : The petition of respectfully showeth, that before the commencement of the suit hereinafter mentioned, he was Collector of Internal Revenue of the said United States for the Collection-District of the State of , appointed under and acting by authority of the Internal-Revenue Law of the said United States ; and that heretofore, to wit, on the ■ — — day of , in the year one thousand eight hundred and , an action of was commenced against your peti- tioner by , in the • Court of the county of , in the said State of , on account of acts done by your petitioner as such officer as aforesaid, under color of his said office, and by authority of the Internal-Revenue Law afore- said. And that your petitioner has been served with process 1 See No. 178, ante. MISCELLANEOUS. 485 of in the said suit, in the Northern District of afore- said; and that there has not been as yet any trial or final hearing of the said suit. Your petitioner therefore prays, that in pursuance of the statute of the said United States in such case made and pro- vided, the said suit so commenced in the said Court of the county of may be removed therefrom into this hon- orable court, for trial, and thereupon proceed as a cause orig- inally commenced in the same; and that a writ of in this behalf may issue from this honorable court to the said Court of the county of , as by the same statute is pro- vided. Northern District of , set. — • , the above- named petitioner, makes oath and says, that the matters set forth in the foregoing petition are true in substance and in fact. ' . Subscribed and sworn be- fore me by the above-named , this day of , A. D. 189-. I, -, an attorney and counsellor at law of , do certify, that as counsel for the petitioner above named I have examined the proceedings against him in the forego- ing petition mentioned, and have carefully inquired into all the matters set forth in the said petition, and that I believe the same to be true. . Petition of a reyenue officer for the removal, upon a writ of certiorari, under Sec. 643, R, S., to a United-States court, of a suit in assumpsit, begun against him in a state ceurt. No. 728. To the Circuit Court of the United States of America for the District of : The petitioner, K S , respectfully shows to the court, that he has been impleaded in a court of the state of , to wit, the — — Court of the county of , by a certain corpo- 4:86 FORMS ADAPTED TO OIVIL CASES. ration called the G Distilling Company, in a plea of tres- pass on the case upon premises, to the damage of the said company, as it alleges, of dollars ; that the suit in that behalf was commenced by writ of summons from the state court aforesaid, which writ bears date and teste of the day of the present month of , and is returnable on the day of the same month, and was served upon the peti- tioner on the day thereof; that the petitioner is, and has been for some time last past, collector of internal revenue of the United States of America for the Collection-District of ; and that the said suit so commenced, and now pend- ing in the said state court, is a suit commenced and brought against the petitioner on account of an act done by him under color of his office aforesaid, that is to say, a suit to recover from him the amount of a certain assessment heretofore made by the Commissioner of Internal Eevenue of the said United States, under the internal-revenue laws thereof, against the said company, in respect of its business of a distiller, which amount so assessed is alleged to have been wrongfully exacted by the petitioner, as such collector of internal revenue, from the said company, and paid to him by the same. Wherefore the petitioner prays that the said suit may be removed from the state court aforesaid to this honorable court, and that a writ of certiorari issue for that purpose, pur- suant to the statute in such case made and provided. E S . District of , set. — E S , in the foregoing petition named, makes oath and says, that he has read the said petition, and that the matters therein set forth are true, to the best of his knowledge, information and belief. E S . Subscribed and sworn be- fore me by the above-named E S , this 15th day of February, 189-. H W. B , District Judge. I, W G. E , an attorney and counselor at law of the Circuit Court of the United States of America for the MISOELLANEOtrS. 487 District of , do hereby certify, that as counsel for the above-named petitioner I have examined the proceedings against him mentioned in the foregoing petition, and have carefully inquired into all the matters therein set forth, and that I believe the said matters to be true. Dated at , this 15th day of February, 189- W G. E . Plea of non assumpsit, on behalf of an officer of the revenue, by a United-States Attorney. No. 729. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . May Term, 189-. ats. ^°- •. The C Distilling Com.pany. ) Assumpsit. And the said R S , defendant, by "W G. E , (United-States Attorney for this district,) his attorney, comes and defends, etc., and says that he did not undertake or promise in manner and form as the said plaintiff has above thereof complained against him ; and of this the said defend- ant puts himself upon the country, etc. W G. E , U. S. Attorney, for defendant. Proof of notice of motion for further security for eost«. No. 730. UNITED-STATES CIRCUIT COURT, DISTRICT OF I . J A. C ) No. . VS. > Case. B H. B and others. ) The plaintiff will take notice,, that on Monday the ^8th inst., at ten o'clock A. M., or as soon 488 FORMS ADAPTED TO CIVIL CASES. thereafter as counsel can be heard, the defendants will move the court to require the plaintiff to give further security for costs in this case. Dated, Chicago, April 25, 189-. T E. M , Atty. for deft. B . Bros. & U , Attys. for defts. W & H . District of I , set. — J P. H makes oath and says, that he served the within notice on J W. E , one of the attorneys for the plaintiff, by delivering to the said J "W. E a true copy of the same, this Mth day of April, 189- J P. H . Sworn and subscribed before me, this 25th day of April, A. D. 189-. P A. H , \ Commissioner U. S. Circuit Court, Dist. I . Motion by defendants for further security for costs. Mo. 731. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . March Term, 189-. J A. C ) No. . vs. r Case. B H. B et al. ' The defendants move the court for an order requiring the plaintiff to give further security for costs in this cause, for reasons set forth in affidavits filed here- with. T E. M , Atty. for deft. B . C Bros. & U , Attys. for defts. W & H- MISCELLANEOUS. 489 Affidavit on motion of defendants for further security for costs. No. 732. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . J A. C \ No. . VS. > Case. B H. B et al. ) The defendant B H. B makes oath and says, that ho is informed and believes that the plaintiff' is a non-resident of this state; that, as this affi- ant is further informed and believes, costs have already been incurred in this suit to the amount of several hundred dollars, and other costs are accruing and likely to accrue therein to the amount of several hundred dollars more; that he is fur- ther informed and believes that no sufficient security for costs has been filed in this cause by the plaintiff, and that the offi- cers of this court and the defendants will be endangered in respect of their legal demands and costs respectively, unless the plaintiff shall be required to give further security in this behalf; and further, that this affiant is advised and believes it is probable that in case this suit is prosecuted to conclusion, a judgment for costs will be rendered against the plaintiff. B H. B . Sworn and subscribed before me by the above-named B H. B , this 26th day of April, A. D. 189-. " P A. H , Commissioner of U. S. Circuit Court, District of . Flea of not guilty, to an action on the case. 'No. 733. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . October Term, 189-. B H. B — ~ and others \ No. . ats. >• Case. J A. C . ) And the said B H. B . by T E. M , United-States Attorney for this district, comes and defends the wrong and injury, when, etc., and says 490 FOEMS ADAPTED TO CIVIL CASES. that he is not guilty of the supposed grievances above laid to his charge, or any or either of them, in manner and form as the said plaintiff has above thereof complained against him : And of this the said B H. B puts himself upon the country. T E. M , United-States Attorney. Joinder in demurrer to an information on seizure for yio- lation of revenue laws. No. Y34. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Term, 189-. The United States of America \ Ifo. . vs. > Information. ) And the said Attorney of the said United States, vfIio prosecutes as aforesaid, for the said United States says, that the said information, and each count thereof, and the matters therein contained, in manner and form as the same are above set forth, are suflBcient in law for the said United States to maintain their aforesaid action ; and this he for the said United States is ready to verify, as the court here shall direct: Wherefore, inasmuch as the said claimants ha/ve not denied the said information, the said At- torney, who prosecutes as aforesaid, for the said United States prays judgment, etc. -^ , United-States Attorney. Demurrer to certain ^pleas to an information of debt, and similiter to another plea. No. 735. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . Term, 1§9-. The United States of America vs. No. . Information of debt, and others. J And the said Attorney of the said United States, who prosecutes as aforesaid, as to the pleas of the said , , and by MISCELLANEOUS. 491 them secondly, thirdly and fourthly ahove pleaded, for the said United States says, that those pleas, and each of them, and the matters therein contained, in manner and form as the same are above pleaded and set forth, are not sufficient in law to bar the said United States from having their aforesaid action, and that he the said Attorney of the said United States, who prosecutes' as aforesaid, is not bound by law for the said United States to answer the same ; and this he for the said United States is ready to verify: AVherefore, for want of suf ijcient pleas or plea in this behalf, he for the said United States prays judgment, etc. And the said Attorney of the said United States, who prose- cutes as aforesaid, as to the plea of the said , , and by them firstly above pleaded. and whereof they have put themselves upon the country, for the said United States does the like. , United-States Attorney. Demurrer to plea. No. 736. Terra, 18—. IN THE CIRCUIT COURT OF THE UNITED STATES OF AMERICA FOR THE NORTHERN DISTRICT OF . The United States of America vs. ■ No. . ' Information of debt. And the said Attorney of the said United States, who prosecuted as aforesaid, as to the plea of the said by — h above pleaded, for the said United States says, that the same plea — , , and the matters therein contained, in manner and form as the same are above pleaded and set forth, are not sufficient in law to bar the said United States from having their aforesaid action, and that he the said Attorney of the said United States, who pros- ecutes as aforesaid, is not bound by law for the said United States to answer the same ; and this he for the said United States is ready to verify : Wherefore, for want of — sufficient plea in this behalf, he for the United States prays judo-- ment, etc. , United-States Attorney. 492 FORMS ADAPTED TO CIVIL CASES. Common similiter. No. T37. And the said Attorney of the said United States, who pros- ecutes as aforesaid, for the said United States does the like. Special similiter. No. 738. [Title.] And the said Attorney of the said United States, who prosecutes as aforesaid, as to the plea — of the said ■ by ^h above pleaded, and whereof — he — ha — put — h — sel — • upon the country, for the said United States does the like. Replication de injuria}' ^ No. 739. And the said Attorney of the said United States, who pros- ecutes as aforesaid, as to the plea of the said by — h above pleaded, for the said United States says, that by reason of anything in that plea contained the said United States ought not to be barred, etc., because, he says, that the said of — h — own wrong, and without the cause by — h — in that plea alleged, committed the breach of condition in that plea mentioned: And this the said Attorney of the said United States, who prosecutes as aforesaid, for the said United States prays may be inquired of by the country, etc. 1 See No. 699, ante. 2 Some circuit courts have a rule providing that to any special plea the plaintiff may reply de injuria, or other general replication denying the plea, tha effect ot which shall be to put in issue all the material averments of the plea. MISCELLANEOUS. 493 Consent iixiug value of property seized, and being for the sole purpose of fixing the amount of the bond to be given on release. No. 740. IN THE DISTRICT COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF . The United States, etc., \ No. . vs. V Information. . ) The parties informant and claimant in this cause hereby consent that the value of the property seized in this behalf, and in the said information described, be fixed at , without appraisement. This agreement is made solely for the purpose of avoiding the expense, trouble and delay of an appraisement b}'^ order of court, and is not to be deemed an admission as to the value of the property seized, for any other purpose than that of fixing the amount of the bond to be given in case the said property shall be released to the said claimant on bond. Dated this day of , A. D. 189-. (Jnited-States Attorney. Attorney for Claimant. Claimant's bond for value on delivery of property seized. No. 741. Know all men by these presents, that we, , of the of , in the state of , are held and firmly bound unto the United States of America in the sum of three thousand dollars, to be paid to the said United States; for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents, sealed with our seals, and dated this day of , in the year 189-. Whereas an information was filed in the District Court of the said United States for the District of , on the • 494: FOKMS ADAPTED TO CIVIL CASES. day of , in the year 189-, by , Attorney of the said United States for the district aforesaid, on behalf of the said United States, against certain property, for reasons and causes in the said information mentioned, and praying that the same may be condemned as forfeited ; which property is described as follows, to wit : . And whereas the said property is now in the custody of [or, has been attached by] the Marshal of the said District of , [in possession of the Collector of Customs for the Port and District of ,] under the process issued in pursuance of the prayer of the said information: And whereas the said , claimant — of the said property, ■ by petition in that behalf ha — prayed a delivery of the said property so claimed to — h — , upon giving bond with security, and the same is about to be deliv- ered to — h — according to the prayer of said petition : And whereas the value of the said property so claimed has been fixed by consent [or, appraisement] in writing, filed in the said court, at the sum of fifteen hundred dollars: Now, therefore, the condition of this obligation is such, that in case the said property so claimed shall by sentence or judg- ment of court be condemned as forfeited, if the said obligors or either of them, or the heirs, executors or administrators of them or either of them, shall thereupon pay into court the said sum of fifteen hundred An so ■S UO ^ nd s (« ffl -t-i a JS 00 u •\ cd eo M W) on ,£:! • ^ w o O) s8 3D •a ;« a ai ?^ -« ;h a o 35 S3 e ;h s bn 4^ s O) w •FH sS a OS a; rr >. 0) Sh o -M -l-> -< r/l a> -^ ^ -M 32 •a O) -i-i ^ ::^ CO d (•nmnnx'Bni o^ PPY) "sasnsd •I«P1 I I I I I i I I I I i 3 a CO i.* CQ IS o to •XreiBS 1 g 1 1 ss s CO 1 1 S g ■isia I I I I I I •jsjtisBaJI, -g -a o» %u3xaAvd JO ^nnotctv •!|jBap JO 9jBa 00 -H ill •OK •ON wB^a •Oil ((JOdaa •paiion^ -sip JO pioipDija. •p8Aia08J HSBO •^nnooDB JO TOoi •sni8K JO XiBcanmg rfl a o ^•g I I I I I I I I 1 1 s ^ ■*j o sg is MP.5 o-9oO Eh B ■fi :awg'-itao : tH s ^1 SOj 3-8 ftg o^ c^ o-^ o-"^ e EH &< B si sis r-H Cd_4 Q .gS.g2 P .p 0! P OJ In S Soft* H Eh Eh E^ 3 EL, 70 =1-1 01" s r4 «• «• ■* •/!>uoiniiT col ^ — ounes 1 •JB8^ l^osi^ i •ja].ren6 a* •p^p.rea^4J[0J ^anooas ACCOUNTS AND FEES. 529 Account of a United-States Commissioner showing charge- able fees; with forms of order of court approving the account, of cleric's certificate to copy of such order, ot the commissioner's oath to the account, and of the United-States Attorney's certificate of approval of in- ternal-revenue prosecutions, and the importance and materiality of witnesses in such prosecutions. No. 7G2. IN THE COURT OF THE UNITED STATES OF AMERICA FOR THE DISTRICT OF , DIVISION. Wednesday, January 1st, A. D. 189- Present the Honorable W H. S , Judge. In the Matter of the Account of R H. L , Com- missioner of the Circuit Court of the United States for this District, for com- pensation for his services performed duringthe quarter of the fiscal year ending June 30th, A. D. 189-. Now comes E H. L , Commissioner of the Circuit Court of the United States of America for this district, and renders to the court his account, with the items thereof, for compensation for his services in behalf of the said United States, on their business in this district, performed during the quarter of the fiscal year ending June 30th, A, D. 189- ; and, in the presence of G H. H , Assistant United- States Attorney for this district, proves in open court, to the satisfaction of the court, by his own oath attached to thesaid account, that the services therein charged have been actually and necessarily performed as therein stated, and it appearing to the court that the said account is according to law and just, and the court being now fully advised in the premises : It is 34 530 ACCOUNTS AND FEES. thereupon ordered that the said account be, and the same is hereby, approved as the same is rendered, in the total sum of dollars and cents. No. 763. [Or, — Now comes T E. M , Attorney of the United States of America for the District of , and submits for approval in open court the account of K H. L , Commissioner of the Circuit Court of the said United States for this district, duly verified by the oath of the said R H. L , for compensation for his services in behalf of the said United States, on their business in this district, performed during the quarter of the fiscal year ending June 30th, A. D. 189-, and it appearing to the court that the services therein charged have been actually and necessarily performed as therein stated, and that the said account is ac- cording to law and just, and the court being now fully ad- vised in the premises : It is thereupon ordered that the said account be, and the same is hereby, approved as the same is rendered, in the total sum of .] ^ No. 764. District of , | Division, [set.— I, W B. W , Clerk of the Court of the United States of America for the District of , do hereby certify that the foregoing is a true and correct copy of an order made and entered in the said court on the day of , A. D. 189-, in the matter of the account of R H. L , Commissioner of the Cir- cuit Court of the said United States for the said district, for compensation for his services performed during the quar- ter of the fiscal year ending June 30th, A. D. 189-, as the same appears of record in the said court. In witness whereof, I have hereunto set my hand and the seal of the said court, at , in the said district, this day of , A. D. 189-, and in the year of the independence of the said United States. — , Clerk. 1 This form may be used, with the caption isx tlie next preceding form, in case the commissioner forwards his account to the district attorney, and does not attend himself. See page 513t ante, ; ACCOUNTS AND FEES. 531 ISTo. 765. The United States of America, in account with Robert H. Lovett, Commissioner, of the Circuit Court of the United States for the District °^ ' Dr. To compensation for his services as such commissioner, from , 189- to , 189- in the following cases, as itemized in the separate bill for each of those cases respectively which is hereto attached, that is to say : — Na , The United States vs Na , The United States vs No. ^, The United States vs Total 532 ACCOTJNTS AND FEES. United States, toR- :So. 766. H. L- Commissionee's bill. U. S. Commissioner for tiie United States District of • , Dr. vs. Complaint made by Offense charged : V io. Sec R. S Offense committed at On or about thie .... day of ■. 189-. Residence of accused : Disposition of case : 189-. Drawing Complaint.... folios, ® 20o.; oath, 10c, ; jurat, ISc; filing, lOo Issuing warrant of arrest, $1: entering return, 15c.; filing. Issuing subpcena for U. S. witnesses, 25c.; enter- ing return, 15c. ; filing, 10c Warrant committing defendant for examination, Si; en- termg return, 15c. ; filing, 10c Maldng copy for jailer f ol. @ 10c ; certificate, 15c. Drawing recognizance of defendant to appear for exam- ination, 3 fol. 4Sc.; filing, 10c Taking acknowledgment of recognizance by defendant and sureties, 35c Drafting justification of sureties fols., @ 15c.; jurat, 15c Oath to sureties in justification, 10c. each Swearing U. S. witnesses on examination, 10c. each Hearing and deciding on criminal charge ; day , lOo. . $5.. Drawing recognizance of defendant to court 3 folios, 45c. ; filing, 10c Taking acknowledgment of recognizance by defendant and sureties, 250 Drafting justification of sureties fol., @ 15c.; jurat, 15c.; filing, 10c Oaths to sureties in justification, 10c. each Taking acknowledgment of recognizance by wit- nesses and sureties, 25c Warrant committing defendant for trial, $1; entering re- turn, 16c. ; filing, 10c Making copy for jailer fol. ® lOo ; certificate, 15c Oaths to U. S. witnesses as to attendance and travel, lOc. each Order (in duplicate) for marshal to pay U. S. witnesses folios, @ 15c Discharge of a poor convict (Sec. 1042 of E. S.) day , @ $S Transcript of proceedings sent up on order of court. . . folios, ® 15c Total Amount carried forward . Amount BaonoHT Forward. WITNESSES IN ABOVE CASE. SUEETIES OF DEPENDANTS IN ABOVE EECOGNIZANCES. Name. Eesidknob. Name. Eesidesob, Page- District of ACCOUNTS AND FKKS. ^33 No. 161. Division, j set. — K H. L makes oatli and says, that the foregoing account for compensation for his services in behalf of the United States of America is according to law and just; that the services therein charged have been actually and necessarily performed as therein stated; and that no part of such compensation has been received by him. E H. L . Sworn and subscribed by the above-named R H. L before me this day of , A. D. 189-. District of No. 768. — j set. — I, Division, j set. — I, T E. M , Attorney of the United States of America for the District of , do hereby certify' that the cases designated in the foregoing account of E H. L , Commissioner of the Circuit Court of the said United States for the said district, as Nos. , and , being prosecutions under the internal-revenue laws of the said United States, each of which was commenced upon a sworn complaint setting forth the facts constituting the offense and alleging them to be within the personal knowl- edge of the affiant, [or, upon a sworn complaint of a deputy collector of internal revenue, setting forth the facts upon in- formation and belief,] and being prosecutions for offenses al- leged to have been committed in the district aforesaid, were respectively commenced with my approval, and are hereby approved by me : And further, it is certified Hhat the witnesses, in the examinations before the said commissioner in the said district of the criminal cases designated in the foregoing ac- count as Nos. , and , were material and im- portant witnesses in those cases respectively, and their attend- ance was. and is approved by me. , United-States Attorney for the District of . 1 See 27 U. S. Stat, at L., 609. See ante, page 515. aSeeSec. 981, R S. e^v INDEX. [Forms of the beginning and conclusion of an indictment will be found on pages S to 19; of an information, on pages 7 and 8; and of complaints, on pages 20 to 40. The rest of the forms pei'taining to criminal cases, from pages 41 to 347, omit the beginning and conclusion, and simply charge the several offenses against the laws of the United States; and such as are for indictments may be used for informations or complaints.] ACCOUNT, copy of, in action of debt, Noa 707, 711. ACCOUNTS AND FEES, forms and instructions pertaining to, of United-States Attorneys and Commissioners, Nos. 7C5-768 ; pages 513-533. ACKNOWLEDGMENT, of recognizance, before United States Clerk, No. 13. Commissioner, Nos. 40, 42. of stipulation for costs, in admiralty. No. 633. of execution of deed of trust. No. 709. ACTIONS, (see Declaration ; Information.) ACTS OF CONGRESS, (see Revised Statutes.) ADDITION, of defendant's residence, No. 6, note 6. ADMIRALTY AND NAVIGATION LAWS, proceedings under, libel of information against a steam-vessel whose owners have car- ried passengers when not allowed to do so by the certificate of inspection, No. 630. attachment and monition, No. 631. claimant's stipulation for costs, No. 033. libel, on behalf of the United States, against a vessel, for damages caused by collision of the vessel with a breakwater-crib. No. 63.1 declaration in debt, against the master of a steam-vessel, to recover penalty for taking on board a greater number of passengere than was stated in the certificate of inspection. No. 634 information on seizure of a vessel for violation of the navigation laws in not carrying the proper light. No. 635. information on seizure of a vessel to recover a penalty incurred by her master, in not surrendering her license at its expiration, No. 636. information on seizure of a vessel to recover penalties for navigat- ing without having hull and boiler inspected, and with unlicensed master, engineer and pilot. No. 637. OtJb INDEX. ADMIRALTY AND NAVIGATION hAWS — continued. proceedings under — continued. information on seizure of a vessel to recover penalties for navigat- ing with unlicensed engineer, and without the proper number of life-preservers, and for engaging in an excursion without a special permit. No. 638. information on seizure of a vessel to recover penalties for violations of navigation laws, in the master's carrying more passengers than allowed by the certificate, and failing to keep a list of pas- sengers, No. 639. ADMIRALTY ItULES, No. 9, see form Nos. 631, 642, 643, 650. 32. see form Nos. 630, note 8, 655, note 1. 26, see form No. 632. 37, see form No. 672, note 8. AFFIDAVIT, for search-warrant, before United-States Commissioner, Nos. 45, 47. of service of notice of motion. No. 730. on motion for further security for costs, No. 732. of District Attorney, to truth of matters in bill in chancery, No. 748. his account. No. 758. of, United-States Commissioner to his account. No. 767. AGREEMENT, fixing value, see Consent Fixing Value ; Stipulation. for appraising property seized. No. 669. AIDING AND ABETTING, unknown person in removing distilled spirits, on which the tax has not been paid, from a distillery to a place other than the distillery ware- house. No. 142. one in producing and disposing of distilled spirits without paying the tax, No. 140. one in forging writings for the purpose of defrauding the United States, No. 433. , one in forging documents required by the provisions of the internal- revenue laws, Nos. 434, 613: ALIAS DICTUS, in an indictment, No. 4. in a complaint, No. 29. AMOUNT, alleged need not be proven, No. 6, note 13. ANNO DOMINI, Jndicating, by initials, No. 6, note 1. ANSWER, to information on seizure, by claimant. No. 673. to bill in chancery, replication to. No. 749. to information in chancery, replication to. No. 750. of United-States Marshal to bill in chancery. No. 758. Comptroller of the Currency to bill in chancery against him. No, 754. INDEX. 637 APPEARANCE, entry of, by attorney, Nos. 661, 691, 753. APPLICATION, for discharge of poor convict, see Poor Convict, APPRAISEMENT, consent fixing value without, No. 659. of property seized, agreement for, No. 669. No. 670. ARREST OF JUDGMENT, order overruling motion in. No. 700. ASSAULT, committing, in violating civil-rights laws. No. 154. by officer of an American vessel on one of the crew, Nos. 231 (1), 231 (2). on post-office letter-carrier. No. 264. by merchant seaman, on master of vessel, Nos. 479, 480. upon internal-revenue officer making searches. No. 495. ASSIGNMENT OF ERRORS, in statement of dissatisfaction, on appeal to circuit court from board of general appraisers, No. 654. ASSISTANT UNITED-STATES ATTORNEY, pleadings in name of, No. 690. ATTACHMENT AND MONITION, in admiralty, No. 631. on seizure under customs laws, Nos. 642, 050. internal-revenue laws. No. 667. ATTESTATION, of judge's signature, by clerk. No. 19. ATTORNEY, (see District Attorney ; Pension-Attorney.) pleas by, in criminal cases, Nos. 11, 12. civil cases, Nos. 656, 6.59, 661-663, 669, 673, 688, 693, 701, 708, 716, 718, 780, 733, 740. entry of appearance by, Nos. 661, 691. BAIL, order for fixing of, on informations, No. 23, justification of, of person indicted, No. 34 before United-States Commissioner, No. 43. BAIL-BOND, (see Recognizance.) on error, where a supereedeas has been granted, in a criminal case, No. 25. perjury in a£Sdavit of surety to, Nos. 214, 315, "BEING," whether word imports a direct averment or a recital, Na 6, note 7. BENCH-WARRANT, order for, No. 23. praecipe for. No. 23. BILL OF EXCEPTIONS, order allowing time to file. No. 704 general form of. No. 701. 53& INDEX. BILL OF PARTICULARS, nature and uses of, No. 453, note, page 259. BOARD OF GENERAL APPRAISERS, (see Customs Laws.) BOND, (see Bail-bond; Intbrkal-revenue Laws; Recognizance^ customs, on delivery, action on, Nos. 653. distillers' warehousing, action on. No. 680. cigar-manufacturers', information of debt on. No. 685. distiller's, information of debt on. No. 689i postmaster's, action of debt on, Ncs. 695, 696 consul's, information of debt on. No, 703. assistant-quartermaster's, information of debt on. No, 713. of receiver of public moneys, information of debt on, No. 714. of Indian agent, information of debt on. No. 715. for value, on release of property seized, No. 741, BOND FOR COSTS, on error, in criminal case. No. 26. on delivery of property seized, order of court approving. No. 657. of claimant of property seized. No. 668. BOND ON DELIVERY, of property seized under internal-revenue lavrs, order of court approv- ing, No. 657. petition of claimant for delivery of property on, No. 668. for value of property. No. 671. _ BOOKS, (see Internal-revenue Laws.) BREWER, (see Internal-revenue Laws.) BURGLARY, of post-office, Nos. 426, 428-431. CERTAINTY, ofiEenses to be charged with, No. 458, note, page 263. CERTIFICATE, of United-States Clerk to genuineness of signature and to qualification of United-States judge. No. 18. of United-States Clerk to genuineness of signature and to qualification of United-States Commissioner, No. 56. of United-States Clerk to accompany copy of order approving accounts, Nos. 756, 764. of United-States Attorney's attendance in court, Na 759. of United-States Commissioner, of discharge of poor convict. No. 53. attendance of United-States wit- nesses, No. 54. attendance of United-States Attor- ney, No. 760. to tobacco-peddler, see Internal-revenue Laws. of counsel, to truth of petition, Nos. 727, 728. of United-States Attorney, to Clerk, of attendance of witnesses. No. 746, approving internal-revenue cases and wit- nesses before United-States Commissioner, No. 768. mDEX. 539 CERTIORARI, petition of revenue OfiSoer for, No. 72& CIGARS, (see Internal-ebventje Law&) CITATION, request for, No. 694 CHANCERY, (see Equity.) CHRISTIAN NAME, alleging to be unknown, Na 6, CISTERN-ROOM, (see Internal-revenue Laws.) CITIZENSHIP, obtaining certificate of, by false statements. No. 87. using, and attempting to use, certificate of , procured by false statements, Nos. 88, 89. one not admitted to, representing himself to be a citizen, in order to be registered as a voter, No. 90. must be averred, in indictment under civil-rigbts laws. No. 154, note 2. CIVIL-RIGHTS LAWS, oSenses under, conspiring to injure and oppress a citizen of the United States be- cause of his having exercised his right to vote for a representative in Congress, No. 154. committing an assault in violating a provision of Sec. 5508, R. S., No. 154 conspiring to injure and intimidate a citizen of the United States in the exercise of his right to vote at an election for representa- tive in Congress, Nos. 155, 156. going in disguise on the highway, and on the premises of another, with intent to prevent him from perfecting his title to a home- stead entry, Nos. 157, 158, CLAm false, see PRESENTiNa. to property seized. No. 662, further, notice of. No. 698. CLAIMANT, in admiralty, stipulation for costs by. No. 633. claim of, to property seized. No. 662. petition of, for delivery of property on bond. No. 663* bond of, for value, on delivery, Noa 671, 741. answer of, to information on seizure. No. 673. when not entitled to costs, Na 673, note 2. COGNOVIT, in action of debt, Nos. .683, 713. COIN, passing counterfeit, Nos. 83, 36, 334-363. counterfeiting, Nos. 36, 334-363. COLLECTOR OF CUSTOMS, (see Customs Lavts.) statement of dissatisfaction of, with decision of board of general ap- praisers, No. 654. 540 INDEX. COLLISION, libel for damages caused by, No. 633. COMMISSIONERS, (see ITnited-States Commissionees.) COMMITMENT, United-States Commissioner's, on adjournment, No. 4L for trial. No. 44. COMMON COUNTS, money had and received, Nos. 690, 706, 710. interest. No. 690. account stated. No. 710. COMPLAINT, (see Crimes ; and all forms for indictments.) general forms (beginnings and conclusions) of, before United-States Commissioner, Nos. 27-37. general forms (beginnings and conclusions) of, before United-States Commissioner, in several counts, Nos. 28, 32. against one indicted in another district, under an alias dictus. No. 29. for carrying on business without paying internal-revenue special tax, No. 30. by internal-revenue officer, No. 32. for passing counterfeit coin, Nos. 33, 36. for making same. No. 36. for having same. No. 36. showing manner of charging oflEenses in general terms. No. 36. sworn to before a clerk of a state court, Nos. 37, 564. or affidavit for search-wan-ant, Nos. 45, 47. charging forgery of indorsement on a check drawn by an officer of the United States, and the passing of the same, Nos. 61, 63. charging having in possession counterfeit United-States bond, No. 93. charging uttering and passing counterfeit national-bank note, No. 113. charging uttering and passing counterfeit national-bank note, United- States note, or silver-certificate, Nos. 114, 115. charging circulating a business-card in likeness of a national-bank note. No. 115. charging keeping In possession counterfeit United-States silver-certifi- cates. No. 116. charging keeping in possession and passing national-bank notes. No. 117. charging keeping in possession and passing counterfeit United-States treasury-notes. No. 118. charging making and forging, having in possession and passing counter- feit coins, Nos. 247-253. charging making, having in possession and passing counterfeit five- cent pieces, No. 260. charging forging material signatures on postal money-orders, and pass- ing the same, No. 341. charging altering a postal money-order. No. 342. charging receiving and concealing postage-stamps stolen from a post- office, No. 425. charging using of the mails in execution of a scheme to defraud, Nos. 454, 455. INTDEX. 641 COMPLAINT — continued. charging one of the crew of a merchant vessel combining with others to disobey commands of, and assaulting, the master, No. 480. charging owner of a saloon with refusing to suiTer an internal-revenue officer to examine his place of business. No. 496. charging brewer with selling beer in packages with twice-used stamps thereon, No. 564. CONSPIRACY, to defraud the United States by manufacturing and disposing of dis- tilled spirits without paying the tax, Nos. 139, 145, 146, 493. to defraud the United States by removing distilled spirits from a dis- tillery to a place other than the distillery-warehouse, without paying the tax, Nos. 140, 147, 491. to defraud the United States by putting upon the marked distilled spirits without paying the tax, Nos. 141. 493, to defraud the United States and commit an oflfense against them, by setting up au illicit still, Na 143, to commit an offense against the United States by carrying on the business of a distiller, with intent to defraud them of the tax on dis- tilled spirits. No. 144. to commit an offense by embezzling post-oflSce funds, No. 151. to injure and oppress a citizen of the United States because of his hav- ing voted for a representative in Congress, No. 154 to injure and intimidate a citizen of the United States in the exercise of his right to vote at an election for representative in Congress, Nos. 15.5, 156. of internal-revenue officer with others, to remove spirits from a dis- tillery, and to put them upon the market, without the tax being paid, and to defraud the United States of the tax, Nos. 491-493. CONSUL, information of debt on bond of, No. 703. CONSULAR SEALS, breaking and picking, Nos. 486, 487. rONTINUANDO, forms of, Nos. 436, 439, 441, 444, 476, 497, 531, 633, 553, 555, 558, 588, 666, 677. CONTRACTOR, action of debt on bond of, No. 730, CONVICT, (see PooE Convict.) COPY OF ACCOUNT, in action of debt, Nos, 707, 711. CORPORATION, manner of alleging name of, Nos. 6, 658. COSTS, bond for, on error, in criminal case, No. 26. claimant's stipulation for, in ndmiralty, No. 682. bond for, in proceeding in rem, Na C68. 542 INDEX. COSTS — continued, claimant not entitled to, when certificate of probable cause is entered, No. 672, note 3. and damages, order that execution be satisfied on making. No. 700. motion for further security for Nos. 731, (730, 783). COUNTERFEITING, obligations of the United States and national-bank notes, Nos. 57-71, 94-97. coins, Nos. 334-263. CREDITOR'S BILL, on behalf of the United States, see Equity. CRIMES, against the operations of the Government, forgeries, frauds, etc., Nos 57-150. against the elective franchise and civil rights of citizens, Nos. 154-183. official misconduct, etc., Nos. 184r-313. against justice, Nos., 213-320. within the maritime jurisdiction, Nos. 221-333. counterfeiting coin, Nos. 334-363. postal crimes, Nos. 264-476. relating to merchant seamen, Nos. 477-480. under customs laws, Nos. 481-487. under internal-revenue laws, Nos. 488-613. miscellaneous ofiEenses, Nos. 614-629. CUSTOMS LAWS, affidavit for search-warrant under, No. 45. United-States Commissioner's search-warrant under, No. 46, crimes under, receiving, concealing, selling, and facilitating the transportation, concealment and sale of, merchandise imported contrary to law, Nos. 481, 483, 484, 485. smuggli&g and clandestinely introducing merchandise into the United States without-paying or accounting for the duty thereon. No. 482. breaking seals and wires on consular sealed cars, Nos. 486, 487. civil proceedings under, on seizure of merchandise imported contrary to law, Nos. 640, 641, 644, 646, 647, 648. on seizure of merchandise smuggled and clandestinely introduced into the United States, Nos. 640, 641, 648. on seizure of merchandise smuggled in baggage, Na 641. attachment and monition. No. 643. marshal's public notice of seizure and of time of trial, Na 643, on seizure of merchandise fraudulently passed through a custom- house as wearing-apparel and personal baggage not intended for sale. No. 644 on seizure of merchandise whereof entry has been made by means of false affidavit. No. 644. INDEX. 543 CUSTOMS LAWS — continued civil proceedings under — continued. on seizure of merchandise fraudulently undervalued in invoice and entry, Nos. 645, 647. on seizure of imported animals, by false invoice and affidavit de- clared to be for breeding-purposes, Nos. 646, 647. on seizure of obscene books and pictures, and articles of an immoral nature. No. 649. attachment and monition. No. 650. on seizure of merchandise for having been removed from customs- warehouse without payment of the duty. No. 651. suit on customs warehousing-bond, for non-withdrawal of merchan- dise and non-payment of duty, No. 652. suit on customs-bond on delivery to importer, for failure to re- deliver packages to the order of the Collector, No. 653. statement of dissatisfaction with a decision of the board of general appraisers, and application to United-States circuit court for a review, No. 654. DAMAGES, execution to be satisfied on making costs and. No. 700. DEBT, (see Declakation ; Information.) declaration in, on Sec. 4465, R S., No. 634. information of, on customs warehousing-bond, No. 652. declaration in, on customs bond on delivery. No. 653. information of, on Sees. 3337-3340, R. S., No. 673. declaration in, on Sec. 3324, R. S., No. 679. distillers' warehousing-bonds, No. 680. summons in, prcecipe for. No. 681. declaration in, on Sees. 8244 and 3176, R S., No. 683. cognovit in action of, No. 683. declaration in, on Sees. 3307-3456, R S., No. 684. information of, on cigar-manufacturera' bond. No. 685. declaration in, on internal-revenue ganger's bond, No. 687. information of, on distiller's bond, No. 689. declaration in, for money had and received, and for interest. No. 690. declaration in, on postmaster's bond, against one surety, No. 695. declaration in, on postmaster's bond, against all but a deceased surety. No. 696. information of, on Sec. 4057, R S., No. 703. information of, on consul's bond. No. 703. information of, to recover money converted, No. 706. copy of account, in action of, Nos. 707, 711. information of, to recover money twice paid to United-States officer, No. 710. information of, on assistant-quartermaster's bond, against all but a deceased surety. No. 713, information of, on bond of re6eiver of public moneys, against a surety, No. 714. information of, on Indian-agent's bond, No. 715. declaration in, on United-States contractor's bond, No. 730. 544: INDEX. DECLARATION, (see Information.) when proper, No. 630, note 1. in debt, on statute, admiralty, No. 634. bond, customs. No. 653. statute, internal revenue. No. 079. bonds, ipternal revenue, against executors, Nos. 680, 687. statutes, internal revenue, Nos. 682, 684. to recover money had and received, No. 690. on postmaster's bond, Nos. 695, 696. motion for leave to amend, No. 697. order sustaining motion to amend. No. 700 on United-States contractor's bond. No. 720. in trover, for logs cut on public lands. No. 731. DEED, of trust conveying real estate to United-States marshal, to apply on judgment in favor of United States, No. 709. DE INJURIA, re])lication, to pleas, No. 699. DELIVERY, (see Bond on Dblivert.) DEMURRER, to plea, general and special. No. 688. Nos. 717, 735. to pleas of nil detent and performance generally, Na 719. joinder in, to information on seizure, No. 734. DESERTION, of vessel, by merchant-seaman. No. 477. DIRECT AVERMENT, " being " is. No. 6, iiote 7. "having,'' whether is, No. 451, note 2. DISCOVERY, bill in chancery for, No. 748. DISTILLED SPIRITS, (see Internal-revenue Laws.) DISTILLER, (see Internal-revenue Laws.) DISTRICT ATTORNEY, signature of, to indictment, etc., Nos. 1-10. form of pleadings continued by successor of. No. 719. order for bench-warrants to issue at request of, Na 32. forms of pleadings by, civil cases, Nos. 729-731, 733-740, 748-750, 752- 754. certificate of, to clerk, of attendance of witnesses. No. 746. affidavit of, to truth of matters in a bill in chancery, filed on behalf of the United States, No. 748. accounts of, forms and instructions pertaining to, Nos. 755-761. certificate of, approving internal-revenue cases and witnesses before United-States Commissioners, Na 768. INDEX. 5i5 DISTRICT judge; order or warrant of, for removal of prisoner to another district, Nos. 16, 17, 19. DIVISION, of district, venue, indictment. No. 6, note 2, complaint, No. 36. DUPLICITY, cases on, cited, No. 6, note 16. DWELLING-HOUSE, using still in, for distilling, see Internal-revenue Laws. ELECTIVE FRANCHISE, crimes against, Nos. 159-183. EMBEZZLEMENT, (see Larceny; Postal Laws.) of public money, Nos. 153, 466-468, 470-473. by intex-nal-revenue officer, Nos. 203-207. of mail-matter, by postmaster, No. 266. letter-carrier, Nos. 267, 860-876. before delivery to the person to whom directed, Nos. 268-283, 399, 400. by post-office clerk, Nos. 343-349. assistant postmaster, Nos. 350-852. railway post-office clerk, Nos. 353-359. special delivery messenger, No. 377. of postal funds and money-order funds, Nos. 458-473. of moneys, funds and credits of a national-bank, by officers thereof, Nos. 624-629. ENTRY OF APPEARANCE, of claimant, by attorney, No. 661. of defendant, by attorney. No. 691. of an officer of the United States, defendant in a chancery suit, No. 752. EQUITY, form of bill in chancery on behalf of the United States (creditor's bill), ' No. 748. replication to answer, Nos. 749, 750. subpcena in chancery, No. 751. entry of appearance of defendant. No. 752. answer of United-States Marshal to a bill in chancery against him. No. 753. answer of United-States Comptroller of the Currency to a bill in chan- cery against him and others. No. 754. ERROR, bail-bond on. No. 35. bond for costs on. No. 26. praecipe for writ of, No. 694. EXCEPTIONS, order allowing time to file bill of, No. 700. bill of. No. 701. 85 546 ' INDEX, EXECUTION, award of, to be satisfied on making damages and costs, No. 700, FACTS, , special findings of. No. 693. FALSE CLAIM, (see PBESENTlNa) FALSE ENTRIES, (see Internal-revenue Laws; National Banks.) FALSE RETURN for special tax, (see Internal-revenue Laws.) FEES, of United-States witnesses, order of United-States Commissioner for payment of. No. 54. of United-States Attorneys and Commissioners, Nos. 755-768, "FELONIOUSLY," in indictments, No. 6, note 9. FIERI FACIAS, ipr(Z(Ape for, No. 745. FIGURES, Arabic, use of in indictments, No. 6, note 1. complaints, Noa 37-37. FORGERY, (see Postal Laws.) of endorsement on a check drawn by an ofllcer of the United States, Nos. 57, 59, 61, 62, 67, 68, 69. of national-bank notes, Nos. 60, 94, 95, 96, 97. of aflBdavit in support of a pension claim, No. 73. of writing in support of a pension claim. No. 74, of distiller's bond, No. 77. procuring. No. 79. of soldier's discharge. No. 80. of voucher for the purpose of obtaining a sum of money from an officer of the United States, No. 83. of receipt on a money-order, Nos. 85, 403, 417. of postal money-orders, Nos. 334-386. of a material signature on a money-order and passing of the same, Nos. 338-336, 341. of postal money-orders by altering them, Nos. 888, 339, 842. of affidavit of surety on bond, No. 433. of documents required by the provisions of the internal-revenue laws, Nos. 434, 613. FRAUD, (see Customs Laws; Internal-revenue Laws; Postal Laws, etc.) means of consummating need not be set out in indictment. No. 139, note 1. obtaining mail-matter by means of, see Mail-matter. "FURTHER PRESENT," use of expression, not necessarily indicating a new count. No. 6, note 14, GAUGER, (see Internal-revenue Laws.) HABEAS CORPUS, replication to the return to, on behalf of a United-States officer, No, 736, INDEX. 547 HABEAS CORPUS AD TESTIFICANDUM, petition for writ of, Nos. 733, 734. "HAVING," whether recital, No. 451, note 2, HAVING IN POSSESSION, (see Receiving and Concealino.) obligations and securities engraved in similitude of obligations, etc., of the United States, Nos. 91, 93, 93. forged United-States bonds, No. 98. silver-certificates, Nos. 104, 116, note, No. 110. national-bank, notes, No. 117. United-States treasury-notes, No. 118. and under control, a still set up and not registered, Nos. 150, 507, 511. counterfeit coins, with intent to utter and sell the same, Nos. 335, 338, 349. counterfeit coins, with intent to defraud, Nos. 230, 333, 240, 247, 248, 251-253, 258-360. counterfeit coins, with intent to utter and pass the same and thereby to defraud, Nos. 334, 242. stolen postage-stamps and property of the United States, Nos. 421-434 merchandise imported contrary to law, Nos. 481, 488-485. HIGH SEAS, (see Crimes.) stealing on, Nos. 233, 333. HIGHWAY, (see CiviL-RianTS Laws.) going in disguise on, and on premises of another, with intent to pre- vent him from perfecting his title to a homestead entry, Nos. 157, 158. HOMESTEAD, (see Civil-rights Laws.) preventing one from perfecting his title to, by going in disguise on the highway, etc., Nos. 157, 158. ILLICIT DISTILLING, (see Internal-revenue LAwa) INDIAN AGENT, information of debt on bond of, No. 715. INDICTMENT, (see Crimes, etc.) general form of, consisting of several counts, No. 1, general form of, consisting of two counts, and alias dictus, No. 4 general form of, showing manner of alleging names, time and various facts, and giving citations to authorities, No. 6. plea of nolo contendere to, No. 11. recognizance before a Clerk, to appear to answer to, No. 18. in another district, removal of prisoner to answer to, Nos. 14-21, object and requisites of, No. 453, note, pages 258 and 263. INFORMATION, criminal, see Crimes, etc. general form of, No. 7. leave to file, No. 7, note 1. must be based on oath, No. 7, note 1, 5i8 INDEX. INFORMATION — continued. criminal — con tinned. not proper in case of infamous ci-ime, No. 7, note 1. plea of nolo contendere to, No. 13. origin of, No. 630, note 1. civil, see Debt ; Declaration, etc. origin of. No. 630, note 1. libel of, in admiralty. No. 630. requisites of, No. 630, note 3. to recover penalties, against a vessel, Nos. 635, 636, 687, 638. on seizure, undet customs laws. Nos. 640, 641, 644-649, 651. of debt on customs warehousing-bond. No. 653. on seizure under internal-revenue laws, Nos. 655, 658, 660, 664-666, 675-678. of debt, under internal-revenue laws, Nos. 673, 685. on distiller's bond. No. 689. Sec. 4057, R S. (P. O.), No. 703. consul's bond. No. 703. in nature of an action on the case against vessel-owners. No, 704, of debt, to recover money converted, No. 706. twice paid to United-States officer, No. 710. on assistant quartermaster's bond. No. 713. bond of receiver of public moneys, No. 714 Indian-agent's bond. No. 715. in chancery, replication to answer to. No. 750. INITIALS, use of, in indictments, No. 6, note 1. complaints. No. 37. INJUNCTION, bill for, in chancery, No. 748. INTENT, to defraud, when need not be averred. No. 593, note 1. INTERNAL-REVENUE LAWS, affidavit for search-warrant under, No. 47. United-States Commissioner's search-warrant under. No. 48. crimes under, conspiring to defraud the United States, by removing distilled spirits from a distillery to a place other than the distillery-ware- house, and putting the same upon the market, without payment of the tax, Nos. 140, 141, 145. aiding and abetting the removal of distilled spirits from a distillery, etc.. No. 143. conspiring to commit an offense against the United States by carry- ing on the business of a distiller without giving bond, and with intent to defraud the United States of the tax on the spirits dis- tilled by them, Nos. 143, 144. INDEX. 549 INTERNAL-REVENUE LAWS — continued. crimes under — continued. conspiring to defraud the United States by producing and dis- posing of distilled spirits without payment of the tax thereon, No. 146. conspiring to defraud the United States of the internal-revenue tax on distilled spirits, Nos. 139, 147. receiving money under threat of, and for not, informing against violations of the internal-revenue laws, No. 187. forging and passing forged documents required by internal-revenue laws, Nos. 432-434. ganger permitting others to remove distilled spirits from a distillery without tax being paid. No. 488. storekeeper permitting the same, Nos. 489, 490. storekeeper conspiring with others to do the same. No. 491. storekeeper conspiring with others to put such spirits upon the market without tax being paid, and to defraud the United States. of the tax, Nos. 492, 493. obstructing internal-revenue officer, Nos. 494-496. making false return for special tax to collector, No. 497. retail liquor-dealer carrying on business without having paid the special tax. No. 498. retail liquor-dealer neglecting to keep his tax-stamp posted, Nos. 499, 500. rectifier of distilled spirits carrying on business without having paid the special tax, No. 501. distiller can-ying on business without having given bond, and with intent to defraud the United States of tax on spirits distilled, Nos. 148, 503, 503, 509, 510, 514, 515. making and fermenting a mash, fit for the production of spirits, in a building other than a distillery, Nos. 504, 516. by distillation separating alcoholic spirits from a fermented mash, Nos. 505, 527. having a still set up, not registered with the collector, Nos. 506, 507, 511-513. using a still for distilling, in a dwelling-house. No. 508, using a still for distilling in a building where vinegar is manufact- ured. No. 517. receiving at and carrying away from a distillery distilled spirits, on which distillery no sign is placed, Nos. 518, 524. removing and concealing distilled spirits subject to tax, with intent to defraud the United States of the tax, Nos. 519, 520, 526. gaining access to contents of a cistern-room of a distillery, and of a distillery-warehouse, Nos. 521, 522. putting up and keeping up a wholesale liquor-dealer's sign without being such dealer. No. 523. removing distilled spirits from a distillery to a place other than the distillery- warehouse, tax not having been paid, No. 525. 550 INDEX. INTERNAL-REVENUE L.AWS — continued. crimes under — continued. using illicit spirits in manufacturing vinegar, No. 5?8. removing fluid containing more than two per cent, of proof -spirits, from a vinegar-factory. No. 539. using a vessel for distilling, on premises where vinegar is pro- duced, No. 530. wliolesale liquor-dealer neglecting to make entries in his book, Nos. 531-533. rectifier and wholesale liquor-dealer neglecting to make entries in his book. Nob. 584-537. rectifier omitting to cause packages of rectified spirits to be gauged, inspected and stamped, Nos. 538, 539. emptying casks of distilled spirits without efl'acing stamps, marks and brands, Nos. 540, 543-548, 550. neglecting to destroy stamps on empty tobacco-pails. No. 541. neglecting to destroy stamps on empty cigar-boxes, No. 543. using a cask for selling spirits other than those inspected therein, Nos. 549, 551. purchasing an empty stamped spirit-barrel. No. 553. brewer making false entries in his monthly statement. No. 553. owner and superintendent of a brewery, evading tax on fermented liquors made by him, Nos. 554, 557. superintendent of a brewery, making and allowing to be made fkhe entries in the book required by law to be kept, Nos. 555, 556. brewer neglecting to make entries in book called Form 104, No. .558. brewer neglecting to cancel internal-revenue stamps on beer-bar- rels. No. 559. withdrawing beer without destroying stamps on package, Nos. 560, 569. brewer selling beer in kegs with twice-used stamps thereon, Nos. 561-564 purchasing and receiving beer in package without stamp. No. 565. withdrawing beer from package without stamp. No. 566. withdrawing beer from unstamped package for the purpose of bot- tling the same, Nos. 567, 570. brewer removing beer in packages with twice-used stamps thereon. No. 568. bottling fermented liquor in a brewery, Nos. 571, 573. bottling fermented liquor on premises having communication with a warehouse. No. 573. withdrawing fermented liquor from vessels having re-used stamps thereon. No. 574. dealer in leaf-tobacco neglecting to make entries of sales in the books provided for by law, Nos. 575, 576. selling tobacco not properly put up in packages and stamped, No. 577. INDEX. 551 INTERNAL-REVENUE LAWS — continued. crimes under — continued. neglecting to destroy stamps on emptied tobacco-vessels, No. 578. tobacco-peddler refusing to exhibit certificate to revenue agent, No. 579. tobacco-peddler failing to have sign on his wagon, No. 580. tobacco-peddler peddling without giving bond and obtaining col- lector's certificate, Nos. 581-584 removing cigars from manufactory not properly boxed and stamped as required by law, Nos. 585, 592, 594, 593, 597, 598. manufacturing cigara without first giving bond, Nos. 586, 591. perjury of surety on cigar-manufacturer's bond, No. 316. cigar-manufacturer not having sign. No. 587. cigar-manufacturer neglecting to make daily entries in book called Form 73, Nos. 588, 589 ^3), 589 (3). cigar-manufacturer neglecting to deliver inventory to collector upon concluding business, No. 590. selling and offering for sale cigars not properly boxed and stamped, Nos. 593, 596, 599-603. selling and offering for sale cigars purporting to have been im- ported, Nos. 600-603. buying, receiving and having in possession cigars on which the internal-revenue tax has not been paid, Nos. 603, 604. purchasing and receiving for sale cigars not branded or stamped, No. 605. neglecting to destroy stamps on emptied cigar-boxes, Nos. 606-609, 611. buying and accepting from others empty stamped cigar-boxes. No. 610. using for packing cigars empty stamped cigar-boxes. No. 612. simulating, and executing in name of, another person a bond re- quired by the internal-revenue laws, and aiding and advising the same to be done. No. 613. civil proceedings under, on seizure of personal property by an internal-revenue officer, as being property of distillers carrying on business with intent to defraud the United States of the tax, Nos. 655, 658, 660. consent fixing value of property seized, without appraisement, Nos. 656, 659, (see, also. No. 669.) order of court for delivery, on bond, of property seized, and ap- proving bond for costs. No. 657. on seizure of real and pei-sonal property of a distilling company carrying on business with intent to defraud, and which had de- frauded the United States of the taxes, and as being raw mate- rial found cm the premises and intended to be made into taxable articles and sold in fraud of the revenue, Nos. 658, 660. entry of appearance of claimant, by attorney, No. 661. claim in writing to property seized, No. 662. petition of claimant for delivery of property on bond. No. 663. 552 INDEX. INTERNAL-REVENUE LAWS — continued. civil proceedings under — continued. on seizure of property for being under the control of one having a still and distilling-apparatus set up, but not registered, and carry- ing on business of a distiller without having given bond, and with intent to defraud the United States of the tax ; and for being property found in a building permitted to be used for purposes of ingress and egress to an illicit distillery, and raw materials, in- tended tobe manufactured into articles subject to tax and sold in fraud of the revenue, No. 664 on seizure of distilled spirits and personal property owned by, and found in rectifyng establishment of, persons carrying on busi- ness of a rectifier without paying special tax. No. 665. on seizure of personal property used by a brewer who has evaded the internal-revenue tax, and neglected to keep books and make reports required by law, and carried on the business of bottling fermented liquors upon premises communicating with a brew- ery, and withdrawn such liquors from unstamped packages. No. 666. attachment and monition. No. 667. claimant's bond for costs. No. 668. agreement for appraisement, by appraisers named, of property seized. No. 669, (see, also,' Nos. 656, 659.) appraisement, No. 670. claimant's bond for value of property seized and released, No. 671. answer of claimant to information on seizure under internal-revenue laws. No. 672. information of debt on statute to recover penalty from brewers, for not keeping books required by law. No. 673. summons to defendant to the above information. No. 674 on seizure of cigars not properly stamped, and for being among stock in trade of a dealer who has a£Bxed false customs-stamps on the boxes containing the same cigars, for being found in custody of the same dealer in fraud of the internal-revenue laws, and with a design to avoid payment of the tax, and for being re- moved from the place where made without stamping, etc., the number, etc., on the boxes, Nos. 675, 676. on seizure of cigai-s and other property for being removed from the factory without being packed in new boxes, and without the proper stamps, and without having the number of cigars, eta, stamped thereon, and for being kept for sale without the proper revenue-stamps thereon ; and for being raw materials, tools, eta, of a cigar-iranufacturer who has removed cigars without the proper stamps, and made false entries in his books, Nos. 676, 677. on seizure of property for being merchandise on which taxes are imposed, and found within the control of persons for the purpose of being sold and removed in fraud of the internal-revenue laws, and with a design to avoid the tax. No. 678, INDEX. 553 INTERNAL-REVENUE LAWS — continued. civil proceedings under — oojitimied. action of debt on statute to recover penalty for receiving and trans- porting, and having in possession with intent to transport, empty spirit-casks, each bearing stamps and marks required by law, No. 670. action of debt on distiller's wai-ehousing bonds, conditioned for the payment of taxes within three yeara, etc., No. 080. praecipe for summons, Nos. 681, 686. action of debt against a rectifier, for special tax, and fifty per cent additional. No. 683. cognovit, No. 683. action of debt on statute, against distillers, to recover penalty for neglecting to render monthly account to the collector. No. 684 information of debt on cigar-manufacturer's bond, conditioned for the payment of assessments, etc.. No. 685. action of debt on bond of gauger, for permitting unlawful removal of spirits, and conspiring with others to defraud the revenue. No. 687. demurrer, general and special, to plea. No. 68S. information of debt on distiller's bond, for non-payment of assess- ment for tax on spirits, or of penalty and interest, No. 689. JOINDER IN DEMURRER, to information on seizure, No. 734. JUDGMENT, for plaintiff, with award of execution. No. 700. order overruling motion in arrest of. No. 700. bill in chancery to subject property to, No. 748. JURAT, of United-States Commissioner, to justification of bail, No. 24. complaint, Nos. 27, 30, 31. oath of poor convict, No. 52. of clerk of state court, to complaint, Nos. 37, 564 of United-States Commissioner to affidavit, Nos. 45, 47. of two or more parties to stipulation for costs, No. 632. of United-States district judge to petition for removal of suit, No. 728. of clerk of United-States court, to affidavit of United-States Attorney to bill in chancery, No. 748. JURY, waiver of, No. 692. JUSTIFICATION OF BAIL, of one indicted, No. 24. before United-States Commissioner, No. 43. "KNOWINGLY," (see Scienter.) includes allegation of knowledge, No. 285, note 1. 554 INDEX. LARCENY, (see Embezzlement ; Postal Laws.) of property of United States furnished and to be used for the military service, Nos. 134-136. of personal property of the United States, Nos. 187, 138, 431, 423, 616, 617. of money of the United States, Nos. 153, 153, 616. on tlio high seas, Nos. 333, 233. of property belonging to the Post-Office Department, Nos. 837, 383, 616, 617. of mail-matter, Nos. 357, 878-381, 383-885, 387-389, 391-398, 401, 404, 405, 407, 414-416. of mail-matter from receiving-box, Nos. 409-413. breaking into a post-office v\?ith intend to commit, Nos. 436, 438-481. of keys suited to locks on mails and mail-bags, No. 437, LAWS, (see Revised Statutes.) LIQUOR-DEALER, (see Inteeal-revenue Laws.) MAIL, (see Postal Laws.) MAIL-BAG, tearing, cutting and injuring, Nos. 386, 390. MAIL-MATTER, (see Postal Laws.) of first class, enclosing in third class. No. 265. obtaining by fraud and deception, Nos. 284, 402, 406, 408. private, in official envelope. No. 475. MARK, execution of instrument by making. No. 671. MARKS AND BRANDS, (see Inteenal-revende Laws.) MARSHAL, UNITED STATES, order directed to, for removal of prisoner to another disti'ict for trial, Nos. 16, 17, 19. his receipt for prisoner. No. 30. return of, on warrant to apprehend. No. 15. of removal. No. 31. notice by, in pursuance of monition. No. 643. MASH, fit for distillation, see Internal-revenue Laws. MITTIMUS, United-States Commissioner's, on adjournment, No. 41. for trial, Na 44. MONEYS, how described in indictment, Nos. 305, 459. MONITION, (see Attachment and Monition.) MOTION, for leave to amend declaration, No. 697. to amend, order sustaining. No. 700. order overruling, for new trial. No. 700. in arrest of judgment. No. 700. INDEX. 555 MOTION — continued. to strike paper from the files, No. 705. for further security for costs, No. 731. proof of notice of, No. 730. affidavit on, No. 732. NATIONAL BANKS, offenses by officers of, issuing certificates of deposit, and drawing bills of exchange, with- out authority from directors, Nos. 618, 633. i making false entries in reports to the Comptroller of the Currency, Nos. 620, 621. misapplying moneys of the bank, Nos. 622, 626-629. embezzling and abstracting moneys, funds and credits of the bank, Nos. 624-639. NATURALIZATION, (see Citizenship.) NAVIGATION, (see Admiralty.) NEW TRIAL, order overruling motion for. No. 700. NIL DEBENT, plea of. No. 718. when not sufficient, No. 718, note 3. NIL DEBET, plea of, Nos. 708, 716. NOLO CONTENDERE, plea of, to indictment. No. 11. information. No. 13, use of plea of. No. 12, note 1. when admissible, No. 13, note 1. NON ASSUMPSIT, plea of. No. 729. NON EST FACTUM, plea of. No. 718. NOT GUILTY, plea of, to an action on the case. No. 733. NOTICE, to United-States Attorney of poor convict's application for discharge, .No. 51. of time of trial of information on seizure under customs laws published by the United-States Marshal, No. 643. of further claim. No. 698. OATH, alleging presentment of indictment upon. No. 6, note 3. of poor convict, on applying for discharge. No. 52. to petition for removal of suit, Nos. 737, 738. of United-States Attorney and Commissioner to accounts, Nos. 758, 767. OBSCENITY, need not be set out in pleading. No. 309, note 1. 556 INDEX. OBSTRUCTING, deputy marshal iu serving a warrant, Nos. 218-320. internal-revenue oiHcer, Nos. 494-496. OFFICER OF THE UNITED STATES, demanding and obtaining money in pretended character of, Nos. 184- 186. OFFICIAL ENVELOPE, using for private mail-matter, No. 475. OFFICIAL MISCONDUCT, Nos. 134-212. ORDER, of district judge for removal of prisoner to another district for trial, Nos. 16, 17, 19. of court for bench-warrants, No. 22. of court for delivery, on bond, of property seized, and approving bond for costs and bond on delivery, No. 657. of court for sustaining motion to amend declaration, overruling motion for new trial, and motion in arrest of judgment. No. 700. of court for allowing thirty days in which to file bill of exceptions. No. 700. of court in lieu of writ of habeas corpus ad testificandum, petition for, Nos. 732, 724. of court in lieu of writ of habeas corpus ad testificandum, Nos. 723, 725. of court certifying probable cause. No. 742. of court approving account of United-States Attorney, No. 755. of court approving account of United-States Commissioner, No. 763. OWNERSHIP, of property stolen, when need not be alleged. No. 344, note 6. of letters stolen from the mail, alleging, No. 345. of property stolen from a post-oflSce,'mode of alleging, Nos. 428-430. PASSING, (see Uttering.) check drawn by an officer of the United States with a forged endorse- ment thereon, Nos. 58, 61, 63, 70, 71, 119, 130. forged and counterfeit national-bank notes, Nos. 63-65, 103, 108, 109, 113-115, 117. spurious national-bank note. No. 66. forged obligation and security of the United States, Nos. 99, 105, 107, 108. and altered United-States bonds, Nos, 99-101 United-States notes, Nos. 103, 106. obligation and security of the United States, made of fragments of national-bank notes, No. 107. Bank-of-England notes, Nos. Ill, 113. United-States silver-certificate. No. 114. pension-check with forged endorsement thereon, Nos. 119, 130. counterfeit coins, Nos. 33, 231, 235-339, 247, 250-253, 255-257. metal coins and tokens intended for use as current money, Nos. 245, 246, 261-36a postal money-order with forged endorsement, receipt or signature thereon, Nos. 329, 331, 332, 334, 336, 341. forged and altered postal money-order, Nos. 339, 340. INDEX. 557 PATENT, subornation of perjury in oath to application for, No. 317. PEDDLER, (see Internal-revenue Laws.) PENALTY, whetlier recoverable by indictment or by penal action, No. 115, note 1. PENSION, (see Presenting.) malting and presenting to Commissioner of Pensions a false claim for increase of, Nos. 121, 123. making and using a false afHdavit, for purpose of obtaining payment of false claim for increase of, Nos. 123, 134. making and presenting to Commissioner of Pensions a false claim for restoration of, No. 135. making and presenting to a pension-agent a false claim for, Nos. 126, 128, 129, 131. making and using a false affidavit, for purpose of obtaining and aiding to obtain payment of false claim for, Nos. 127, 132, 133. causing and procuring to be made, and presenting and using, a false affidavit in support of a claim for, Nos. 130, 133. PENSION-ATTORNEY, (see Pension ; Presenting.) contracting for and demanding and receiving illegal fees, Nos. 188-202. PENSION-MONEY, endeavoring to have paid on pension-check by virtue of forged endorse- ment, Nos. 119, 120. presenting false claim for, to pension-agent, Nos. 136, 128, 139, 131. PERFORMANCE, plea of. No. 718. PERJURY, by witness in United-States court, No. 813. in affidavit of surety of one held to ball, made before a United-States Commissioner, Nos. 314, 215. in declaration of a surety of a cigar-manufacturer, sworn to before a deputy collector of internal revenue. No. 216. subornation of. No. 217. "PERSONS UNKNOWN," manner of referring to in an indictment, No. 6, note 11. charging with ofifense, in complaint, No. 33. PETITION, of complaint for delivery of property on bond, No. 663. for a writ of habeas corpus ad testificandum, Nos. 733, 724. of a revenue officer for removal to a United-States court of a suit against him in a state court, Nos. 737, 728. PLEA, in criminal cases, nolo conteiidere, to indictment, No. 11. information, No. 13. 558 INDEX. PLEA — continued. in civil cases, motion to strike improper, from flies, No. 705. of nil debet, and similiter. No. 708. No. 716. of nil debent, non est factum, and performance generally, No. 718. of non assumpsit. No. 729. of not guilty, to an action on the case. No. 733. POOR CONVICT, application to United-States Commissioner for discharge of, No. 49. Commissioner's warrant to produce, No. 50. notice to United-States Attorney of application of, No. 51. oath of, on application for discharge. No. 53. Commissioner's certificate to jailer of discharge of, No. 53. POSSESSION, (see Having in Possession.) POSTAL LAWS, crimes under, assaulting letter-carrier, No. 264. enclosing first-class mail in third class, No. 265. postmaster opening and detaining letter, No. 266. person employed in postal service embezzling letters not containing anything of value, Nos. 267, 358, 366, 370, 375, 376. larceny and unlawful taking and obtaining of mail-matter not con- taining articles of value, Nos. 268-284, 357, 359, ii78, 392, 399, 400. sending obscene, lewd and lascivious letters, books, etc., through the mails, Nos. 285-297. mailing circulars, notices, etc., concerning articles designed for the prevention of conception, the procuring of abortion, or for im- moral use, Nos. 298-303. mailing indecent, libelous and threatening postal cards, Nos. 304- 309. mailing circulars, letters, etc., concerning lotteries, Nos. 310-323. forging money-orders, Nos. 324-326. stealing property belonging to the Post-Ofiice Department, No. 327. forging material endorsement on money-orders, No. 328. passing money-order with forged endorsement thereon. No. 329. forging material signature to a receipt on a money-order, Nos: 330, 883, 835, 341, 403, 417. passing money-order with forged signature to a receipt thereon, Nos. 331, 332, 334, 336, 341. presenting a false claim for the amount of a money-order to a post- master, Nos. 337, 418. altering a money-order, Nos. 338, 339, 343. passing a forged and altered money-order. No. 340. embezzlement of letters and packets containing articles of value, by persons employed in the postal service, Nos. 343, 346-353, 355, 360, 362, 864-369, 371-374, 377. person employed in postal service stealing money and valuables out of letters and packets in the mail, Nos. 344, 345, 354, 356, 361, sea INDEX. 559 POSTAL hAWS — continued. crimes under — continued. taking letters and packets containing articles of value from the mail, and from an authorized depository for mail-matter, and opening and embezzling the same, Nos. 357, 881, 385, 389, 393, 395, 396-398, 401, 404, 405, 407, 410-413, 415, 416. stealing the mail, Nos. 379, 883, 387, 414. stealing letters and packets from and out of the mail or post-office, Nos. 380, 384, 388, 391, 394. stealing mail-bag, No. 383. tearing, cutting and injuring mail-bag and pouch, Nos. 386, 390. obtaining letters and packets from post-office officials by fraud and deception, Nos. 284, 403, 406, 408. stealing mail-matter from authorized depository. No. 409. buying, receiving and concealing and having in possession postage- stamps stolen from a post-office, Nos. 419, 420, 428-425. stealing postage-stamps belonging to the United States in another district and having them in possession in the district where in- dictment is found, Nos. 421, 423. breaking into a building used in part as a post-office, with intent to commit larceny therein, Nos. 436, 428, 430. stealing and purloining keys suited to locks on mail-bags. No. 437. breaking into a post-office, with intent to steal therein, Nos. 429, 431. forging an affidavit and a bond for the purpose of defrauding the United States, Nos. 433-434. using the mails in execution of schemes to defraud, Nos. 435-455. obstructing the mail, Nos. 456, 457. embezzlement of money-order funds and public money by persons in the postal service. Nos. 458, 459, 461-463, 466-473. neglecting to deposit postal revenues, Nos. 460, 464, 465, 469. establishing a private express for the conveyance of letters. No. 474. using an official envelope for private mail-matter, No. 475. postmaster making false return to increase his compensation, No. 476. civil proceedings under, action of debt to recover proceeds of money-order business, with- held by a postmaster ; common counts, No. 690. appearance of defendant, No. 691. waiver of jury, No. 692. special findings of fact. No. 693. praecipe for writ of error. No. 094. action of debt, against one of the sureties, on the bond of a post- master failing to pay over public moneys. No. 695. action of debt, on bond of a postmaster, against the principal and all the sureties but one (deceased) to recover money due on postal and money-order accounts. No. 696. motion for leave to amend declaration. No. 697. notice of further claim. No. 698. similiter to certain pleas, and replication de injuria to others, No. 699. 560 INDEX. POSTAL LAWS — continued. civil proceedings under — continued. order of court sustaining motion to amend, overruling motion for a new trial and in arrest of judgment; giving judgment for plaintiffs ; and allowing defendant thirty daya to present a bill of exceptions, No. 700. defendant's bill of exceptions. No. -701. information of debt to recover the amount of money-orders wrongly paid. No. 703. PRECIPE, for bench-warrant. No. 33. for summons in action of debt, Nos. 681, 686. for writ of error and transcript. No. 694. for alias summons for one or more of several defendants. No. 743, for a subpoena. No. 744. for a writ of fi. fa., No. 745. PREMISES, (see Real Estate.) PRESENTING, (see Transmitting.) to an officer of the United States, a forged writing in support of an ac- count, No. 83. to an officer of the United States, a false claim for a soldier's pay, ■ No. 84. to a post-office clerk, a false claim for the amount of a money-order, Nos. 86, 418. to Commissioner of Pensions, a false claim for inci-ease of pension, Nos. 131, 133. to Commissioner of Pensions, a false affidavit to obtain approval of a claim for increase of pension, Nos. 133, 134 to Commissioner of Pensions, a false claim for restoration of pension. No. 135. to pension-agent, a false claim for pension, Nos. 136, 138, 139, 131. to Commissioner of Pensions, a false affidavit in support of a pension claim. No. 130. to pension-agent, a false affidavit in support of a false claim for in- stallments of pension, Nos. 133, 133. PRISONERS, removal of, for trial in another district, Nos. 14-21. marshal's receipt for. No. 30. (See Poor Convict.) PRIVATE EXPRESS, establishing for conveyance of letters over post-routes, No. 474 "PROBABLE CAUSE," what the words import. No. 743, note 1, order of court certifying, No. 743. PROCURING, (see Aiding and Abetting.) PROOF OF NOTICE, of motion for further security for costs, No. 780, INDEX. 501 PUBLIC LANDS, trover for logs cut on, No. 721. PUBLIC MONEYS, embezzlemeut of, Nos. 153, 466-468, 470-47a how described, Nos. 152, 205, 810, 459, 460, 465, 468, 469, 471, 616. embezzlement of, by internal-revenue officer, Nos. 203-207. receiving from an agent of the United States in payment of agent's private debt, Nos. 208-311. QUANTITY, alleged, need not be proven. No. 6, note 13. QUAETERMASTER, information of debt on bond of, Na 713L QUI TAM, action of debt, declaration or information, Na 680, note L REAL ESTATE, describing, in justification of bail, No. 24. search-warrant, Nos. 46, 4S. indictment, Nos. 315, 216. information in rem, No. 655. deed of trust, Na 709. bill to set aside conveyance of. No. 748. RECEIVER, bill in chancery praying appointment of. No. 748. RECEIVER OF PUBLIC MONEYS, information of debt on bond of, Na 714 RECEIVING AND CONCEALING, (see Having in Possession.) moneys stolen from the United States, No. 313. postage-stamps stolen from the United States, Nos. 419, 435. merchandise imported contraiy to law, Nos. 481, 483-485. RECITAL, "being" not. No. 6, note 7. RECOGNIZANCE, (see Bail-bond.) before a clerk, to answer to indictment, No. 18. United States Commissioner, on continuance. No. 40. holding to bail, No. 42. must be to pending or next regular term of court, Na 42, note 1. RECTIFIER, (see Internal-revenue Laws.) REFERRING to matters in previous count, Na 437, note 4. 1 REMITTITUR, of part of damages assessed, Nos. 700, 701, REMOVAL, of prisoner to another district for trial, Nos. 14-21. of suit in state court against a revenue officer to a United-States court, petition for, Nos. 737, 72a 562 INDEX. REPLICATION, de injuria to certain pleas, and similiter to others, No. 699. to return to a writ of habeas corpus for a United-States oflScer, Na 726. de injuria, No. 739. to answer to bill in chancery. No. 749. information in chancery, No. 750. RETAIL LIQUOR-DEALER, (see Inteknal-revenub Laws.) RETURN, of marshal on warrant to apprehend, No. 15. of removal. No. 31. REVISED STATUTES AND ACTS OF CONGRESS^ referred to in forms adapted to criminal cases, Section of R. S. Form Numbers. 730 — 323,478. 906 — m 911 — 19. 912 — 19. 1014 — 17, 19, 55. 1029 — 20. 1042 — 52,53. 2011 — 181. 2031 — 179. 2165 — 87. 2167 — 87. 3389-158. 2865 — 483. 3083 — 481,483,484,485. 8105 — 486,487. 3169 — 488, 489, 490, 491, 493, 493L 3177 — 494,496. 3179 — 497. 3239 — 499,500. 8242 — 498,501,502,503. 8247 — 502, note. 3257 — 509. 3358 — 150, 506, 507, 511, 513, 5ia 3266 — 508,517,530. 3368 — 531, 523. 3279 — 518,533,524. 3381 — 148, 149, 510, 514, 515. 8383 — 504, 505, 516, 537, 538, 539. 3296-143,525. 3318 — 531, 533, 533, 534, 535, 536, 537. 3330 — 538,539. 8324 — 540, 543, 544, 545, 546, 547, 548, 55a 3326 — 549,551. 3337 — 553. 3340 — 553, 554, 555, 556, 557, 558. 3343 — 559. INDEX. 563 REVISED STATUTES AND ACTS OF COT^GRESS — continued. referred to in forms adapted to criminal cases — continued. Section of R S. Form Numbers. 3343 — 561, 562, 563, 564, 565, 568. 3344 — 560, 566, 569, 574. 8354 — 567, 570, 571, 573, 57a 8360 — 575, 576. 8363 — 577. 8376 — 541, 578. 8383 — 579. 8384 — 580, 581, 582, 583, 584 3387 — 586, 591. 8388 — 587. 8390 — 588,589,590. 8397 — 585, 592, 593, 594, 595, 596, 597, 598, 599. 600. 601. 603, 601 8403 — 603. 3404 — 605. 8406 — 542, 606, 607, 608, 609, 610, 611, 613, 8450 — 519, 520,536. 3451 — 79, 434, 6ia 8455 — 552. 3456 — 538, 539. 8511 — 224 3513 — 229. 3515 — 255. 3708 — 614 615. 8869 — 264 3887 — 265. 3891 — 266, 267, 358, 864 366, 370, 875, 876. 8893 — 268, 269, 270, 271, 272, 273. 274275, 276, 277,278, 279, 280, 281, 282, 359, 399, 400, 174 8893 — 285, 286, 287, 288, 289, 290, 291, 292, 293, 294 295, 296, 297, 298, 299, 300, 301, 303, 803. 3894 — 310,811,312, 313, 314 815, 316, 817, 818i 819, 820, 821,323, 333. 8995 — 456,457. 4046 — 458, 459, 461, 463, 463. 4053 — 460,464 465, 409. 4596 — 477,478,479,480. 6188 — 115,614 5209 — 618, 619, 620, 631, 622, 623, 624 625, 626, 627, 628, 639. 5311 — 620. 6347 — 221, (1) and (2). 6356 — 233,223. 5393 — 213,314,315,316. 6393—317. 5396 — 313, note 6. 5397 — 317, note. 504 INDEX. REVISED STATUTES AND ACTS OF CONGRESS — conhnwed. referred to in forms adapted to criminal cases — continued. Section of R S. Form Numbers. 5398 — 318, 219, S2a 5413 — 57,98. 5414 — 57,59, 60,61,63. 5415 — 63,64, 65,66. 5418 — 67, 70, 71, 72, 74, 75, 77, 78, 82. 5421 — 68, 69, 70, 71, 73, 76, 80, 81, 82, 83, 85, 336, 335, 417. 5425 — 87, 88. 5428 — 89, 90. 5430 — 91, 92, 93, 94, 95, 96, 97. 5431 — 58, 61, 63, 70, 71, 98, 99, 100, 101, 103, 103, 104, 105, 106, 107, 108, 109, 110, 113, 114, 115, 116, 117, 118. 5436 — 119,120. 5433 — 84, 86, 121, 122, 123, 134, 125, 126, 127, 128, 139, 130; 131, 183, 133, 337, 418. 6439 — 134,135,136. 5440 — 139, 140, 141, 143, 144, 145, 146, 147, 151, 154. 5447 — 495. 5456 — 137, 138, 153. 5457 — 334, 325, 336, 337, 328, 329, S30, 331, 333, 333, 334, 335, 336. 337, 338, 339, 340, 341, 343, 343, 344, 345, 346, 347, 348, 340, 250, 351, 253, 353. 5458 — 354, 355, 256, 357, 358, 259, 360. 5461 — 261, 262, 363. 5463 - 334, 325, 338, 339, 339, 331, 333, 333, 334, 336, 338, 339, 340, 341, 842, 403. 6467 — 343, 344, 345, 346, 347, 348, 349, 350, 351, 352, 353, 354, 355, 356, 860, 361, 363, 363, 364, 365, 367, 368, 369, 371, 373, 373, 874, 377. 6468 — 344 5469 — 383, 384, 357, 378, 379, 380, 381, 883, 384, 385, 387, 388, 889, 391, 893, 393, 394, 395, 396, 397, 398, 401, 403, 404, 405, 406, 407, 408, 409, 410, 411, 413, 413, 414, 415, 416. 5470 — 419, 430, 435. 6475—337,382. 5476 — 386,890. 6477 — 427. 5478 — 426, 438, 429, 430, 431. 5479-59,70,71,432,433. 5480 — 435, 436, 437, 438, 439, 440, 441, 443, 443, 444, 445, 446, 447, 449, 450, 451, 453, 453, 454, 455. 5484 — 187. 5485—188, 189, 190, 191, 193, 193, 194, 195, 196, 197, 198, 199, 200, 301, 303. 5488 — 470,471,473. 5490 — 308, 304, 205, 472, 473. INDEX. 565 REVISED STATUTES AND ACTS OF CONGRESS — continued. referred to in forms adapted to criminal cases — continued. Section of R S. Form Numbers. 6497 — 153, 206, 207, 208, 209, 210, 211, 467, 46a 5508 — 154, 155, 156, 157, 158. 5509 — 154. 5511 — 159, 160, 161, 162, 163, 164, 165, 166, 167, 16a 5512 — 169, 170, 171, 173, 173, 174, 175, 176. 5513 — 174. 5522 — 177, 178, 179, 180, 181, 219. 5523 — 183, 183. Sec. 16, Act Feb. 8, 1875, (1 Supp. R S., 2d Ed., 60), Nos. 49a 501, 502, 503. Sec. 1, Act Mar. 3, 1875, (1 Supp. R S., 3d Ed., 88), Nos. 421, 433, 466, 610, 617. Sec. 2, Act Mar. 3, 1875, (1 Supp. R. S., 2d Ed., 89;, Nos. 312, 433, 434 Sea 5, Act Mar. 3, 1877. (1 Supp. R S., 2d Ed., 136), No. 475. Sec. 1, Act June 17, 187a (1 Supp. R S., 2d Ed., 186), No. 476. Par. 1, Act Mar. 3, 1379, (1 Supp. R a, 2d Ed., 245), No. 474 Act Apr. la 1884 (1 Supp. R &, 2d Ed., 425), Nos. 184, 185, 186. Sea 4 Act liay 16, 1884 (1 Supp. R &, 2d Ed., 429), Noa HI, 113. Sec. 4 Act Aug. 4 1886, (1 Supp. R S., 2d Ed.. 512), Na 34a Sea 1, Act Sep. 26, 188a (1 Supp. R S., 3d Ed., 631), Nos. 304 305, 306, 307, SOa 309. For Sea 2, see Sea 3893, B, S. Sea 2, Act Mar. 3, 1889, (1 Supp. R S., 3d Ed., 695), No. 44a Sea 5, Act Mar. 3, 1891, (1 Supp. R a, 2d Ed., 943), No. 15& Act Feb. a 1894 Nos. 159-183. referred to in forms adapted to civil cases, Section of R S. Form Numbers. 643 — 737, 73a 850 — 747. 970 — 672. 2491 — 649, 3492 — 649. 2803 — 641,644 2864 — 644 647. 2865 — 641, 64a 2899 — 65a 2901 — 653. 2970 — 652. 2987— 65L 3083 -640, 641, 644 646, 647, 64& 8088—636. 3156 — 687. 3169 — 687. 3176 — 683. 3183 — 685, 68a 3184 — 685, 689. 566 INDEX. REVISED STATUTES AND ACTS OF CONGRESS — conMnwed referred to in forms adapted to civil cases — continued. Section of R. 8. Form Numbers. 3237 — 682. 3344 — 682. 8257 — 655,658,660. 3258 — 664 3381 — 655,658,660,664 3293 — 680. 3307 — 684 3334 — 679. 3337 — 673. 3340 — 666, 673. 3354 — 666. 3392 — 676. 3397 — 675, 676. 3398 — 675,676. 3400 — 675,676,677. 3403 — 675. 3453 — 658, 664, 675, 677, 67a 3456 — 684 4047 — 693. 4057 — 703. 4233 — 635. 4334 — 635. 4335 — 636. 4399 — 634 note 3. 4400 — 634 note 3. 4417 — 637, note. 4418— 687, note. 4431 — 634 note 4 4433 — 634 note 4 4438 — 637, 638. 4465 — 630, 634 689. 4466 — 638. 4468 — 639. 4488 — 638. 4499 — 630,637,638,689. Sec. 4 Act June 23, 1874 (1 Supp. R. S., Sd Ed., 32), Nos. 641, 644 648. Sec. 16, Act Feb. 8, 1875 (1 Supp. R. S., 2d Ed., 60), Nos. 655, 658, 660, 664 665. Sec. 3, Act June 10, 1890 (1 Snpp. R S., 2d Ed., 745), No. 647, note 2. Sec. 9, Act June 10, 1890 (1 Supp. R. S., 2d Ed., 749), Nos. 641, 645, 646, 647, 648. Sec. 15, Act June 10, 1890 (1 Supp. R. S., 2d Ed., 751), No. 654 Sec. 11, Act Oct 1, 1890 (1 Supp. R. S., 2d Ed., 859), No. 649. Sec. 13, Act Opt. 1, 1890 (1 Supp. R. S., 2d Ed., 860), No. 649. INDEX. 5G-7 REVISED STATUTES AND ACTS OF CONGRESS — conMnwed referred to in forms pertaining to accounts and fees of United States Attorneys and Commissioners, Section Page, ofB. S. 834 — 630,524 839 — 516. 833 — 531. 847 — 521, 633. 877 — 516. 891 — 53a Sec. 1, Act Feb. 23, 1875 (1 Supp. R S., 2d Ed., 65), pages 513, 517, 5ia Act March 3, 1893, (27 U. a Stat at L., 609.) pages 515, 533. SCHEME TO DEFRAUD, (see Postal Laws.) SCIENTER, manner of alleging, in complaint. No. 36. wlien must be alleged, Nos. 99, 156, 177, 264, 285, note 1, 494. when need not be alleged, No. 188, note 3. SEAMAN, desertion of vessel by, No. 477. disobeying command of master, Na 478. assaulting master, Nos. 479, 480. combining with others to disobey commands, etc., No. 480. SEARCH-WARRANT, affidavit for, under Sec. 3066, R. S., (customs). No. 45. to customs officer, under Sec. 3066, R S., No. 46. affidavit for, under Sec. 3463, R S., (internal-revenue), Na 47. to internal-revenue officer, under Sec 3463, R S., Na 48, SELLING COUNTERFEITS, (see Passing; Uttering.) SIGN, (see Inteenal-revenue Laws.) SIMILITER to certain pleas, and replication de injuria to others, No, 699. to plea of nil debet, No. 708. non est factum, No. 719. Nos. 735, 736. common, No. 737. special, Na 738, SMUGGLING, (see CUSTOMS Laws.) SPECIAL FINDINGS (rf facts, Na 69a SPIRITS, (see Internal-revenue LAwa) STAMPS, (see Internal-revenue Laws.) STEALING, (see Larceny ; Embezzlement.) STILL, (see Internal-revenue Laws.) STIPULATION, as to value of property seized, Nos. 656, 659, 740. 568 INDEX. STOREKEEPER, internal-revenue, (see Internal-revenue Laws.) SUBPOENA, of United States Commissioner, No. 39, praecipe for, No. 744. in cliancery, No. 751. SUMMONS, to answer to an information of debt, No. 674. proBcipe for, Nos. 686, 743. SUPERSEDEAS, bail-bond on granting of, in a criminal case, Not 25. SUPREME-COURT ROLES, Rule 36, see No. 25. TENOR, how indicated, No. 6, note 12 ; see Forgery. TESTE, of warrant issued by United-States district judge, Nos. 17. 19. Commissioner, Nos. 38, 89. of mittimus of United-States Commissioner, Nos. 41, 44. of search-warrant of United-States Commissioner, Nos. 46, 48. of United-States Commissioner's warrant to produce poor convict. No. 50. of United-States Commissioner's certificate of discharge of poor con- vict. No. 58. of United-States Clerk's certificate, No. 56. of attachment and monition of district court, Nos. 631, 642, 650. of summons, No. 674 of deed of conveyance. No. 709. "THEN AND THERE," use of words, No. 6, note 10. "THERE AND THEN," use of words. No. 6. TIME, of commission of offense, how charged, in first count of indictment, Nos. 1, 4, 6, notes 10 and 15. of commission of offense, how charged, in subsequent counts of indict- ment, Nos. 3, 3, 5. of commission of offense, how charged, in criminal information, Nos. 7, 8,9. of commission of offense, how charged, in complaints, Nos. 27-37. TOBACCO, (see Internal-revenue Laws.) TRANSCRIPT, of United-States Commissioner, on certifying a cause into court, Na 55. of record, prcecipe foi-. No. 694. TRANSMITTING, (see Presenting.) to Commissioner of Pensions, a fal.se claim for, or a false or forged writ- ing in support cf, a pension claim, Nos. 73, 76, 121, 123, 125. INDEX. 569 TROVER, declaration in, for logs cut on public lands. No. 731. TRUST, deed of, No. 709. UNITED-STATES ATTORNEY, (spe District Attorney.) UNITED-STATES COMMISSIONERS, (see Account; Acknowledoment ; Affidavit ; Alias Dictus ; Bail ; Complaint ; Commitment ; Ceimes ; Poor Convict; Recognizances, etc.) 'UNLAWFULLY," when word must be used, Na 6, note 8, UTTERING, (see Passing.) definition of word "utter." No. 331, note 3. and publishing forged writing Alating to a pension claim. No. 75. distiller'^bond. No. 78. soldier's discharge. No. 81. publishing and selling forged national-bank note, Na 109. and tendering in payment forged Bank-of-England note, No. 113. circulating and using a business-card in likeness of national-bank notes and United-States notes, Nos. 115, 614, 615. and selling counterfeit coins. No. 826. and publishing a postal-money order with a forged receipt thereon writ- ten, No. 336. and publishing a forged and altered postal money -order. No. 340. VALUE, alleged, need not be proven. No. 6, note 13 ; No. 626, note 1. of property seized, consent fixing, Nos. 656, 659, 740. bond for, on delivery of property seized, Na 741. VENUE, in indictments, Nos. 1-6. in criminal information. No. 7. in complaints, Nos. 37-37. alleging division of district, Na 6. county in district. No. 37. in recognizance, Nos. 40, 48. description of, need not be repeated. No. 6, note 1(L VINEGAR (see Inteknal-revenue Law&) WAIVER, of jury. No. 693. WARRANT, of district judge, to apprehend one indicted in another district, No. 14. of district judge, for removal of prisoner. No. 16. of district judge, for removal of prisoner committed by a United-States Commissioner in default of bail for his appearance in another district for trial, Nos. 17, 19. of United-States Commissioner to apprehend, on complaint. No. 38. of United-States Commissioner to produce poor convict at hearing be- fore United-States Commissioner of application for discharge, Na 50. 570' INDEX. "WILLFULLY," when need not be used, No. 188, note 3. when must be used. No. 213, note 6. WITNESS, (see Subpcena.) United-States Commissioner's certificate of attendance of, and order of payment of fees to, No. 54. to execution of instrument. No. 671. United-States Attorney's certificate of attendance of, No. 746. sworn bill of expenses of a clerk or other officer of the United States, incurred in attending as. No. 747. indictment against, for perjury in a United-States court, No. 213. WRIT, of error, praecipe for, No. 694. of habeas corpus, see Habeas Corpus. of certiorari, petition for, No. 728. of fieri facias, praecipe for. No. 745. KF 170 P13 Author Pagin, Oliver Elwood Vol. 2£itle Copy Precedents anift forms of indictment Date Borrower's Name