Phenix gazette. [volume] (Alexandria [D.C.]) 1825-1833, 1829-06-05
az. Watkins, draft
"do do $500
"do do

edo do $500
,,,oste the laid dates of September LIST, 10th, and
I'd prehxed e. the aforesaid three items and charges
s AID sb,rsct under the head of 'arresrages pri-
oo 1877 herein bei0re set out, with intent to de-
k.lthe U>rted States i"
AL there is subsequent avermen: that the letters
lat, and = QUESTION, and also the erasure of the
nj distract .were made and done with intent To de-
ful the Unted States, and false rrrtences to ena-
Sthn," Co. w "to o5tais Gad keep to his own use
.rl benefit the said several sums Of money therein
n'rlnrt and that By IF The sad sererai false
rr,1rcs he said II " did, at the time aud hmes et6re-
% istra.d tbe sud United Mates IF the said several
was ln,untin TO the SUN of two thousand dollars,
nl dispose of the same to hrs own and benefit,
TIE great damage of the United States, and sgains;
ne peace and government thereof
the averment respecting the endorsements of Mr.
Ptuger seems to be wholly mmaterial to the charge
;aamel IN this Indictment, which, like that in the
'hvrmactmen, is for obtaining money BY false pre-
'act'; and there is false prete nee alleged
a. that endorsement. But If it were material, its
'agruAtYe form would render i perfectly nugstory
tr naysrment that it was made either BY Mr. Pot
,ns.S or nv Mr.. Watkins, without fixing Il upon
Uler This avermCnt has no conneXon with the
AaSe and may be considered as mere surplussage.
III erasure Of part Of the abstract is charged to
ave oeen done by the defendant, false pretence
w obtaining the money for his own use. The indict-
men, itself shows this I, be impossible, because it
NOW tat the money obtained before the erasure
'A' made. Blu, 1t is also averred to have been done
y ae defendant to enable him to keep the money TO
.so~nuse. But the offence charged is not the keep.
IS tue mosey, bat the CLEANING it by false pretences
''s ers>ure, however, i also averred 10 have been
AHe with intent to conSummaie his said fraud-that
y We Maud OF obtaining money by false pretences
ul' e Indictment shows that the fraud, IL committed
" az lad been conSummsted before the erasure was
"'le' Il rs also sverred that the erasure was made
u nteat 10 and soncea! his said fraud But the
.lSe IA the indictment is for perpetrating, not for
Hhs Or coneeal!ng, the fraud This sverment, there
we 70 tar a. regards the charge in the indictment
obtaining money by false pretences, is wholly i'm
S| and irrelevant, and therefore, in that respect,
e considered rs mere surplussags.
-" us said that the averment concerning this era
~e constitutes substantive and sufficient charge of
-. ie' 1teree, to Wit, charge of forgery at conf
avs AMI that, whether the indictment be good OF
~, d an indictment for obtaining money by false pre-
N's' NS good indictment for forgery.
Il DSnn'i escape our notice that the only injury to
:, 'h.ed States complained Of in this indictment is
Ie t'ud committed by fslse pretences; AMI that
"ss ~ II It be one, is only alleged incidentally
s1e ., ihose pretences The defendant was not
eu oy tins Indictment that he to come pre-
- " answer To the crime Of forgery. II contains
count, and that is for obtaining money by false
IS. a - S''u the same count contains also \ spe-
aao;,L &c OF forgery, 1t is bad for duplcity. No
G.. ooUSd 10 answer to two or more criminal offen-
w. n Count. aad eveS it they are contained in
a. counts and be not Of the nature class,
an rs Siu compel the prosecutor to elect that up.
ne intends to put the accused upon his trial {:
sOe. case IS he to be permitted to join several Of
kns one Count, In civil actions adv antage can
asrm;aaS Of duphcty only by special demurrer-but
sr~.a. cases It is fatal on general demurrer. Tbe
Inc, W." Count undoubtedly contains clear and dis.
nr,,n.o not sufficient charge Of fraud by false
20 Tor dupRcig.