The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-05-17


nexed and This difference Of punishment is Of the
distinctive badges by which offences marked sep
arate and different The State Lo, Howe, Orchard
sons Lo Car X 260) also referred 10 by The defend
ants counsel Is TO The effect Howe charged
N one count with gaming and keeping public place OF
said are distinct offences in their nature, and subject TO
d,sunc penales aud arrested the Judgment So in
Com us Eaton. as Pick r 253) cited by the District
Attorney, he defendant was indicted for that he did un-
lawfully oier or sale and unawiuy did SELL bali of
LOTTERY ticket under statute which provided that "if
or cause 10 be advertised for sale" SC To the indct
men there was demurrer for duplici,y; in deciding
distinct offences: on conviction he will be only liable to
one penalty II is not like the OF Common wealth
Us Symonds e Mass. los for in that two dis
lnct offences were charged Tor which distinct and di
feent fines provided" lt is true, that offer 10
sell without selling is an offence by the staute but an
h. gas, 70 sell i and as"a selling i oa one osnSs
lion under consideration There Angel Angel wa. III indicted
tent TO main, dishgure. disable, and kill" To
shoot, say the court, " with intent only 10 difgure IL
certainly punishable under this statute with intent to
main, with latent to disable, and with 10 Kill and If
unlawful shooting with either OF these ntenls lie pfohib
tied by The statute il necessarily follows that unlaw
full shooting with all OF these fnlenls is likewise prohb-
tied" Here the shooting the offence with one of
four ntens. The act the shooting-a single from
which or accompanying decaraons-the inten, resting
IN the defendants mind 10 be reached by the Jury
So in the case in hand the act charged is false swearing
the taking OF snge oath, which. il it had relation to
claim against the United States, either would bring the
false swearing within the law OF 1923 II both do may
soexst is not The charge well made II is in the words
OF The statute, and II is an established rule that in gen
era II the indictment pnrsues the words OF statute in
describing an offence as this does, il is sufficient" (Ras
wick The Com, Vir. $50 1t has been very
ngeniousy urged that the OF 50 March, 1917 g Stat
al Large 366 shows Expenditure OF the public money
means money dlsburstd by public officers whose hands
II has been placed TO meet public exigencies and that ii
the act OF 1923 had moi in words been extended false
swearing in support OF claim, ii must have been con-
fined 10 the settlement OF OF money disbursed,
and false swearing TO enable the officer agent get
credit settlement; aud two Offences il is commended
are created by the last law do not feel the force OF
this argument il is true that the title of the law of
s27is an act TO provide or the prompt settlement OF
public accounts and that the law of 1923 has this title
" an ACT in addition The act entitled an act for the
prompt settlement Of public accounts and for the punish
menl o The crime OF perjury II is further true that the
law OF 1917 does enter into details, and is chiefly
devoted to them relation to the settlement of the
accounts of dsbursng agents officers; but the ID
section OF the act Of 1917 provides that all claims
and demands wha'ever by the United Sates against
them and all accounts whatever in which the United
States concerned either debtors creditors,
shall be settled and adjusted in the Treasury Depart
notwithstanding that this law meant TO provide the
means by which those having claims accounts against
the United States should have them adjusted and settled
well 10 hold to jus, accountability trusted servants
agents and that s not 10 be construed confined to
the latter either IN its title or in the body OF the law.
though the two first sections OF the law of 1898 are so
restricted. The word expenditure does undoubtedly
mean disbursement, and is used in both the above
laws but IT does no, mean this onyit means any laying
out OF public money If man debt snd pays H. be
expends The money required for The purpose So the moneys
paid put by the United States government called the
public expenditures The expenses proper OF the admin
sra,on OF the government together with The payment OF
what has agreed otherwise-he pay pensions claims
under treaties gratutes, and the ke-make up the public
expenditures payment in discharge OF obligation or un
deakIng topay, is an expenditure To swear falsely IN
support OF claim may also. and seems TO me must al
ways, be TO swear touching an expenditure which would
follow the establishment Of the claim though there may
be an expenditure without claim. in support OF this
view, find in Wharon's Pfecedents OF Indictments and
Pleas page 2s3, form of indicmes, it preferred
in United States "a O BneD, United States circuit court,
New York, 1877 for swearing falsely to defendants quail
hcalions for enlistment in the navy his citizenship
and that he twen,y-one years of age by which she
procured and brought about the expenditure Of public
money" &c The indictment concludes I" falsely did
swear touching The expenditure of public money"& &c
statement that the oath touching, g., would be
sufficient, If the proof gave this character thai it
III support OF claim. To state that any false swear
ing both touching, &C. and in support, &c is not
IN opinion, TO charge than offence, and III the
proof made out either the allegation would be sustained
Repsgnaney This objection is met in part by the
preceding observations; for il there be only offence,
there be such thing incoDgruy in charging two
distinct offences But it argued tha, the claim stated
in The indictment TO be claim against Mexico, and also
TO be claim against the United States, both which II
cannot be, and that in this there is repugnancy The al
legation is that the oath taken in support OF a claim
against he said United States" tba, the board Of com
States The republic OF Mexico by virtue OF an act OF
Congress-, &c, AMI In the same sentence in favor OF
the aforssad claim OF The said George Gardiner against
the United States and TO obtain from the United States
pay touching the expenditure OF public money, and
payment OF The aforesaid claim OF the said George A
Gardiner against the said United States and the claim
so called in several other clauses OF the indictment Upon
perusal of the whole paper do find any allegation
that the claim OF George A. Gardiner claim against
the republic of Mexico. The phrase before recised,
cetan claims Of the citizens o the said United States
the republic OF Mexico" is employed in describing the
commission which created by the act OF 81 March.
islo, Ito receive examine and adudicae" &c, and isin
The language employed in The first section Of said law
a. descriptive OF the claims and characteristic of the
board II is the appropriate mode Of describing The con-
mission The word. were employed for that purpose,
and in special reference the particular clam of the
defendant which is always mentioned as claim against
the United States,
3 Miftriaiuy Of The false swearing does not appear
and ia not avowed in the Indictment IL is coD,ended
that although the crime charged s not perjury the same
or similar rules apply to II as prosecutions Tor techn
cal perjury SO far the nature OF each OF these
admits of the application OF The analogous rules,
the question will be considered this footing. without
deciding defnvely what Is necessary 10 the constitution
of good indictment under the law of 1s23, whether
this indictment is not special than the Law
qaires. The memorial, or paper which the false
swearing is assigned, set out at length in the ndct
men together with the certificate OF the justice oil the
peace that the defendant TO the truth Of is contents
before HIM An averment oil the authority OF the mags
ta,e TO administer oath follows and Immediately al
ter, "and that the said George A. Gardiner being 20
sworn as aforesaid &C. 'ihen and nere on his oath
Aforesaid" &c. "falsey," &c. did swear and make am
davit in writing ha 10 The best Of HIS The said George A,
GARDENERS, knowledge and belief, all and singular the
facts contained in the aforesaid paper wiring puohng
To be memorial in substance and TO the effect as herein
hef forth and true. And the Iurofs.g