Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-06-05

were Sold without authority; s,b IT. w" 'hs
qni,ilion was obtained withcu, au,,a, T. n.
Tina, these hing, were no, cone H. !ish,
count OF me public ssni t, -, f,r "a It.
gain and bene6 If he accused an, -, ,;l rhm
to defrsud the Uni'ed States. Bp ;'''ra
aserred that the accused ever DIE, rd.. DO
one that he had authority 10 w,i ,,bos,""!
or 10 draw those drafts. or to oh IN II. tNh
sition, ortha. they were fr he rubl, .qR
or that they were MOI for hi, own ne. '''''
|. II is true that i, is Drey.ru>v
indie tment .ha, he Did oste,sbi f., ~.
service" but falsIy and wi,hou .S,sa. :" P's
and procure to be '''u'd from tie MY D..
partmen' certain rqpis,lioo *. VI
Bu, the words os'cns.5Ly for n, ~,
service" do not amount 70 ~ a. erm.s, Li r
accused pretended & ffirmed 70 IN, S..
of the Navy, or 10 an! olher officer Vt h. n.
Department, that The requisioa W., e, ,'
public service.
But il is a'errrd that the letters u.re wiz.
and sent, ard the d afls were avn,
and the requisi'ion was ob,ained. n, EL,
fences" hr word as" means like no !.
thing itself, bst something like il. h.,
were to he CONSTRUCTED as an a,f,ment II
letters the drafts, & the rtquisrions, VIZ, O.
pretences, and b, means Of surh CIs,
ces the accused defraud The U,i
such an averment in an irdlclm.nr i, -~, II
6ciently certain. The svermenl m,
what was prctenped & lha,.whst W., ,rr,,,t.,
was false, aud wherein, or in what par .,ey, Il
was false The gist of The Crime is IN, {
hood of the pTelence, and l. is therefore NJ
sary that /, should br made apparent v,,n
face OF he iDdictmen, by positive ans NJ,
avermenls.
This rule is supported by many a,,I, p;
but ore only w'll br eil,d-tis ne c s, oi \,
v. Perrott, ? Maule ard Se'wyn, 379 n
true that this vas an indie men, ulbn h, e,
ute Of 80 G 2. C. 81 but the saus doe, :,
require tina, The prr'eacrs should be p.ri n,
ly set OUT. nor specifically n'gallvra; 10, ucd
Of the statute being merely these, "Ifu 4
persons who knowingly and de rnrdh \
false pretence or pre,ences, shall rbl In +. y
any person or persons, morry, goods, w4y,s
nero handizes, with intent to chral Or drlrnl
any person or persons OF the same" '.,R i,
deemed pfft nders against law AID TIE 10 Z
peace :" and shall be punished by fine imn.
onmen,, pillory, whipping, or lran,pvu.lt
&c.
But the judgement Of The Cour, was orh 4
application Of general rul" in regard 10 al = |
elements whether upon statute or the { .
mon Law. The Indictment averred rba
Defendant intending Ito cheat and delr.,
one Bullen Of his monies, sc. unlswfulIy. SRS
eddy, knowingly. and d,slgnedly, did falsely ~
tend o the said Bul!en, that h.. III DrlGa..
could obtain protection for Bullen, by fa'E
of the Lords Of the Admiralty, by freing u
Clerks, as he had an uncle Lord Of the ita |
rally, and that i, would be no grrat eIprs
a, he could ge il done through favour" Il
"5y means of wh,eh said seusroi false p'ss4u
the D.f,ndant obtained the money. sc ~
~uusr was UroUSnIup from Tie ASIA 10 ri
Kings Bench by Wril Of Error-and the crc|
assigned was that there was no auermsa id|
sjy the matters of the several prtIence, x|
forth in the Indictment, by which i, would az
pear 10 the Court, upon the face OF The rdc,
ment that any or either Of the pretcnces alrsd|
was false and untrue.
Lord Peterborough, in delivering hi, opria
said" Every indie mrnt ough, 10 re 80 franz!
as to convey 10 The party charged orr,i
knowledge OF the crime Imputed 10 hin" 10
state merely the whole Of he fae prrlerre, IS
10 state matter generally comhn,d u son
truth is well IS 'al,' hood II hardly EVER hay
pens that is una, comp MED BY some 'r'Ii
Suppose the ofi' nee, isead OF being comprIat
within five or six separate matters Of pretrn|
as here. had 5ranc he'd ou' into twenty or lhril|
Of which some migi' be true, and used Only
a vehicle Of tn .i,l,i'y, are we 20 uodersar
from this form of charge, that il indicates III
whole 20 be Ease, and that he defendant Is 7
prepare 10 dt fend himself against the "hOt
| hat would be contrary TO The plain sels
the proceeding, which requires thai the laF''
cation snould BIZ applied to the particular 'hr
TO be fJlsiti d, and no. TO the whole. And
convenience also of mankind demands, ata
| furtheraRce Of that convenience, II IS Dar' i
the duty Of those WHO administer justice 10 ~
quire, that the charge should b. spe'lh.,
order 10 give notice TO the parry oil what h'
to come prepared 10 defend; and 10 pIe,sn'
being distracted amidst the Confusion Of ah.
:ifarlous and complicated 'ran>ac'Ioh, p.,n
which only are meant TO be impeached o. Ia"
hood" " II has been argued, that. p''aI4,
every one of these charges may be ial'r' y,
the rule, as it has been derived from ea''"'
mike nature, where par' IS true and par .
false, has introduced a course oi sepaTa'I's
s3eciic avrrments, all that whish IS in'eh''.
to be relied on as false. The analogy 70 "
crime Of perjury is so strict, aid justice ',i AZ
suggests the same, that think II sho''o
specifically announced TO the party, by 0nr y.
a,erments what the precise charge Is