Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-01-25

Iii .Idy next Mr.. Bradley, his associate counsel
VIII follow upon the same question This indict'
nient charges that James b Leach on the st d,y
OF August, 1857, being evil disposed and intend
ing TO lnJure and defraud the United Statez ana
israa saia United states to Payso him divers
idISe sums OF money, unlawfuliy. falsely. fraudu
leh,ly ana feloni"'~iy, In support of an account
ana claim held bvL i against said United states
u uo transmit ana cause to be tranmitted to the
being Secretary Of the Interior and an CAPS w
'ne government of the United States certain false
paPei writings, purporting to be vouchers of ex
pendisares Incurred by him (Leach) as superin
.on1eHt u the FL Paso and Fort Yuma wagon
,oao, purporting to have been paid to Daniel
Ms mGMdnon, John Morrison, E. Fl DashieIl, Byrd
n M vi. Z. Cayce Son, John NJ Chase John
Owens p' r.; Wlld6erger, Thos. Ford, Henry
d Bro, II X. MOrrisey. Berford & Co. Rose
oroughi knowing said accounts to be false. and
wen knowing that he had not, at the times named
i'll the indictment paid to the above persons the
several sums of money (S7 639 COY so Claimed bv
nm 10 have been paid for the articles so named in
the indictment and well knowing said accounts
anu vouchers to be false
The following is the law Of Congress under
which the cases fall:
III any person or persons shall falsely make
alter, forge, or counterfeit; procure to
DC falsely made. altered, forged, counterfeited;
or willingly aid assist in the false making
altering, forging, counterfeitng any deed
power of attorney, order certificate, receipt, or
other writing, for the purposes of obtaining
receiving, or enabling any other person persons
either directly indirectly, to obtain or receive
from the United States any Of their officers or
agents, any sum- or sums of money; shall utter,
or publish as true, or cause to be uttered pub
lished as true. any such false, forged altered, or
counterfeited deed, power of attorney, order GER
thcate, receipt, other writing as aforesaid with
intent to defraud the United States, knowing the
same to be false, altered. forged. counterfeted
or shall transmit TO present at or cause or pro-
cure to be transmitted TO presented nj any OIL ce
or officer OF the Government of the United States
hlnh Of,
receipt, or other writing, in support Of or in rela
ton 20 any account claim with intent to defraud
tae nitGG States, knowing the same to be false
altered forged, Or counterfeited; every such per-
son shall he deemed and adjudged guilty of
felony; and being thereof duly convicted shall be
sentenced To he imprisoned and kept at hard labor
Tor period not less than one year nor more than
ten years; shall be imprisoned not exceeding
five years, and lined not exceeding one thousand
dollars Act March, 1923. sec. 6 Stat at Large
al; BrGhtly's Digest. p. 2W}
Mr.. Doyle claimed that the indictment was in
suhClent, on the ground, we'll as on Other
grounds, that, ''no claim forth in the ill.,
dictment, as having existed upon which to found
tue alleged false papers, Also, THAT there is
repugnancy of avcrment in describing the fict-
tous papers, they being described as vouchers,
receipts and certificates Mr.. ID. held that the
papers in question ought to be described as one
thing or the other, else, the Government falling
to prove one averment, might go on indefinitely
To prove another, and another and so on Also
insufficient. in alleging 'that the defendant pre-
sented vouchers of expenses incurred by him. and
that they were false because the defendant had
not paid said alleged incurred expenses MI
ID. held that this was Mr.. Leach's duty; it had
been his duty to incur the expenditures in ques-
tion-that was precisely what he had been ap-
pointed to do, and that he had nothing whatever
10 do with paying. And also. That there is no
avermeDt that there Were any items in the ac-
counts corresponding with the vouchers No ele-
ment on which ali indictment for fraud could
grow up
MARION WARD.-On Sunday night, officers
Arnold Narrower. and Rcynolds left town in
search OF Marion Ward, one of the ALLEGED bur
glars and robbers implicated in the late Capito
Hill bur9laries, by the testimony of tie states
witness, Lock. They traced the fugitive to his
fathers farm in Virginia, and from there over a
large portion of country until they arr we'd at last
in Ieesburg, Va, at late hour of the night
Rousing up the Mayor, and obtaining the services
oi the city Sergeant they proceeded to search the
town. and after much scouting they learned that
stranger had arrived that day at certain hotel
whittier they iInned lately proceeded, and found
their customer i'll bed. covered up to the ewes. He
was hauled out and instantly placed in convey
ance for Washington The officers arrived here
during last night. and committed Ward to TAIL
where he awaits legal action as to his share in the
aforementioned operations.
The officers Were greatly aided by Mavor Orr
OF LteSburg; City Sergeant Atwell, of the same
place; and also to Capt. Henry Jenkins of the
falrIdx county Rifles, and postmaster at Lewens-
Vile, who furnished them with horses and Il car
rage, (thelr own giving out in the chase } and
proceeded with them from Lewensville to Lees
burg, and assisted in carrying the prisoner TO
Washington Ward had changed his name. and
hired himself out to carpenter in I.eesburg.
under the name Of j. w. Williamson
THE THEATRE notwithstanding the draft on
the beauty and gallantry of the CITY made by tie
Lsvee last evening, goodly portion of it was left
10 ENJOY the performance of the ''School for Scan
DALI at the Theatre, which was carried through in
me most satisfactory manner i'll ali respects. Mr..
RI S,,rf
superior on any stage. and his world wide repu-
tation in the character was fully sustained last
night Ncr was his persona ication of that Diff
cult part more worthy of praise. than that of Nr
Hill as Sir Peter Teazle, Mr. KemIle as Sir
Oliver, Mrs. Gladstane as Lady Teazle Miss Carr
as Mrs. Candour, and Miss Skerrett as Maria. 70
say nothing of that Of the other characters of tha
finest English play of its times From beginning
to end, as rendered last evening on the Washia,r-
ton Boards it was intellectual treat such az is
rarely to be enjoyed in this country. To night
they perform Hamlet, the forte of the company
from Mr Murdoch down to its most unpretending
member.
PAGES VENUS, the picture which has been so
eagerly visited in the northern cities and in Eng
land, is to be placed on exhibition. hear at the
Fine Art Gallery Of Messrs. Philip & Solomons in
inns city No little curiosity is felt here to see
1t is spoken of by competent critics as a remark
able work of art and it will BE- remembered as the
same picture that was rejected from the French
exhibition on the alleged ground of lis indelica-
cy. put as was subsequently shown from entirely
difeTent motives. The New York Herald at
lacked 1t on the same score. but the pronndless-
ness or the charge is proven by the fact during
tne time OF its exhibition there aud elsewhere
subsequently,, its exhibition room was literally
thronged with visitors, ladies and gentlemen Of
taste and refinement, who, and all bore testi
Inony to the merits Of the painting. as Il work Of
art most credltable to American genius
SUPREME CoURr-Yestsrday.-No. 50. John
Overton ct al, paintitfs in error act Elijah
meek e. al In error to the Circuit court Cf th.
nlted States for the western district of Tennessee
MI Justice Mclean delivered the opinion of the
Court dissmssDg this cause, with costs
=, No %. The Pbiadelphia, Wilmington, and
Baltimore Railroad Com pany, appellant agt Ia.
Philadelphia and Havre de Grace Steam Tow
BOAT Company. The argument of this cause was
by Mr.. Dobbin for the appellees, and
concluded 1y Mr.. Schley for the appellant
LECTURES BEFORE THE WASHINGTON ART As
socArioN -Arrangements are being made for a
course OF lectures before the association upon art
anu kindred subjects. We have seen the names
OF several distinguished gentlemen ho are ALREADY
rlch treat may be expected. These lectures vii
9e ueVcred In the Art Gallery of the association
curing tue exhibition, where the eve an well as
wei as the ear may be gratifed 40