The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-17
FrrrY.sEcoSD DAY-FRlpAr, MAY 10, 1853.
APPENDIX.

Judge C,awfords opinion and decision dehctrsd sth o.
JUn', 1882, on the demurrr 10 The ind tnenf no,o or
hiaL
United States u.s. George A. Gardiner-False swearing
General demurrer 10 indictment.
The indictment charges the defendant with swearing
falsely touching the expenditure OF public money and in
support OF claim against the United States To this
Indictment there is general demurrer, IN support OF
which The following exceptions are taken TO the ndIc
ment;
ISL Dapcty in this that ii charges two distinct Of
iences in one count.
ID Repugnancy.
81 Materaly OF false swearing does not appear, and
is not aveued, in the indictment
4ih That the claim in support OF which false swearing
is alleged TO have taken place was claim not against
the United States but against Mexico
The first objection has been frequently presented and
decided by tbs court The law in relation TO II does not
admit Of question. Two distinct offences canno, be in.
cuded in count bui they may be in separate counts
OF the same Indictment If they require The same Iudg
nent The inquiry is, are Two offences charged IN tins
Indictment. which sets forth but single act OF false
swearing Adding, IN the terms OF the law OF 1923,
that this msdeed concerned The expenditure OF pub
lie money, and intended to support claim against
the United States In Tocbman's decided by THIS
court at March term 1sis, the defendant was indicted
under the act OF 20h February 1889, which says; III
any person shall give or send or cause 70 oe gwen OF
Ienge to 6gh DUEL" &c The indictment pursued the
words OF The statute, adding the word procure" and
substituting and" for "or" The opinion OF The court
was that such substitution not only proper bu, ne
oeseay and that there error 10 charging That The
challenge was given and sent and caused be given and
sent The point decided a, the present term in
The case Of the United Staes Is William ). Bfown,
where the Indictment charged that the defendant " did
transmit to- and and procsre TO be Transmitted TO-
&c, and "present a. and cause and procure TO be PIE.
scented at &c under the act OF 3d March, 1923, Tor The
punishment of frauds the United States; which, in the
s,apte book, Immediately follows the act under which
Gardiner is presented aud was doubtless framed by the
same committee for a kindred end To the same effect
X. Socker, Sulk. X. 3t2 37l forging and caus-
ing to be forged; State ps, Price, Has'eafs r. 2os,
burning and causing to be burned In Raswick Us The
Commonwealth e Virg Ca 336 J an Indictment chargi ng
defendant with falsely making, forging. and counterfeit
ing causing and procuring to be falsely made forged and
coun,erfeted and willingly aiding and assisting ~ The
said false making forging and coontereiting, was held
be good Preccdens exactly similar will be found IN
| 2 Oh Cr l. Us4D 107-S; 3 Ch G. 1882, 1032-3.
The same form has long been followed in this District
taken, presume, from Chity. Where statute makes
more distinct acts connected with the same trans
acton indcable each of which may be considered
as representing stage in the same offence they may be
compiled in one Thus, setting 10 gaming table il
an entire offence Keeping gaming table and inducing
others to bet upon il may also constitute distinct Of
fence and indictment will lie for either, yet both
perPerated BY the same person al the same tme they
make but offence for which count il sufficient
and for which bu, one penalty can be inflicted Whar
toms Or l.. oS, Hinke ra Commonwealth, a Dans's
(ky )5is) The defendants counsel has cited the People
Us Wright, % Wend r. ly3-t960 in which the defend
ant indicted in count for forging mortgage, ant
for forging receipt on the mortgage which the cour
said was 'pvobsby defective for dnplicy and
,sny bad because The forging Of the mortgage a. re
lated 10 land. punishable by 10 years confinement
the State prison; and the forging Of the receipt, as
was an estncnishnent Of pecanaiy obig alton, wa
punishable by years imprisonment IN the state pison
and 1t would he impossible Tor The cour, 70 say, o.
conviction, of which Of these two offences 'ne os