The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-05-31
SENTENCE ON SOLOMON KOHySTANy,
UNited states Circuit Court.
Before Judges Nelson and Shipmau.

SGvIuNUn YIN cULUMVN hVmNOJAm1s
United states Circuit Courts ~
~ Before Judges Nelson and Shipmau.
MOTION FoR ARREST or JUDcMENr oyERRULsp.
May so.-7Ae Unitd States oaains Solomon KoAn.
stum Soon after the opening OF the Court this morn
ing Judge Nelson proceeded 20 give the decision Of sne
Court the melton for arrest Of judgment and for
new trial iu this cass r,.oyr
f. aH@, Y TIE DIX isios. cFh91
The prisoner has been convicted on. an indictment
founded upon the act OF Congress passed Sd or March,
1875. charging him with having presented false papers
dlsbursDg oloer in relation to account or claim.
with intent to defraud the government knowing ct the
tine that the papers false. The act, far o. 10
material 60 this opinion, is as foowssf any person
or persons shall transmit, to, or present at.
procure to DO transmitted TO. presented At. any
ofhce or Officer Of the government OF the United
States any dea &c. or other writing in support OF or
in relation - any account or claim, with intent 70 de-
fraud tho United States knowing the be falsep
&C., every such person, on conviction shat be punished
by Imprisonment ut hard anor, not 10 saihsn
prisoner tho Of August 1862 did transmit TO and
present at and caused to be transmitted to and presented
at AN Office Of the government OF the United States In
the city OF New York. called the United Staies Mns-
tcring and Dtsbursng once, certain false writing in
rotation to claim then and there made by The pris-
against the United States namely, that the
prisoner was entitled to receive and collect from
sy sa E aaSss
OF papers which purpo TO be claim one outs Pfecr
against the for tue subsisence and lodging
with an that the the prisoner tSow a. sns Time
that The papers writings false The second count
clause was for raiIons and lodgings furnished ~
Louis Pieiertior recruits In the service Of the United
Certificate q Captain French certifying Es 70 sas me
subsistence and lodging OF the Soldiers In the motion a
arrest Of Judgment Y has been insisted. on the part Of
That in order to constitute tho oense under the act OF
Congress- II must appear that the prisoner had cain
against the and that he presented the false
writing or papers in support OF nreatiOn TO his
claim whereas tho false writings set out in the several
counts puport to be in support of and In rotation 20
claim not OF the prisoner, but Of ono Louis Peer. Il Ia
also insisted that the evidence conforms this view Of
the claim The precise averment the several counts
presented in support OF and. in relation to .
claim made by the prisoner against ... tho govern.
and collect from the United States the sum Of
81 S6G We of opinion this is sufficient II
the claim or against the need
not DO In favor Of the parties presenting the
ss' ssns spSs q ri and
convictions took place. the accused hut the guilty
agents OF the parties IN wnss favor The claim Or
ing the false writing in the language Of the act In
support Of or in relation 70 any , accom-; .,
lie. that the act Of 1923, under which the indict:
March 2 1866: We agree that this act provides for the
oouOe prescribed in the Of is2a and unless
passage Of the subsequent by
the repeating clause they discharged Although this
Of the legal distinctions between civil and crmiuai pro
ceedngs aud TO tho criticism OF the learned coun
% rs BE-
only suits and prosecutions pending, bus call rghts OF suit
or prosecution under any PRIOR act Of Congress on
hcrsby prohibited This. wethink embraces the offences
that may have occurred under che act Of lsZ3
Although II fs not referred TO In terms Is embraced IN
tho description. The phraseoloRy, suits, or prcsscu
tons. used II the clause, intended IS appa.
rent. to refer 70 and embrace both civil and criminal
caees the term prosecutions more usually applied IN .
gal language TO crirana than TO cvl proceedings with
q H. A motion Sa s also been made on behalf q
mIsd sssss '0 Of he eoali u sA.ssiaa tho
Jury Insrs ": 70 direct evidence that shs
officer. But tho proven that this bln I'D
annexed on VIVA. ppored TO be an ordss fro. Pfsasr
so 1852 ~ ~ prisoner had brought shs b snd had
his possessi previous 70 the tins when presented
Se ,sss se ss O.
certificate that when again presented the payment .as
in favor Of the pslsoner-tsat the check was
deposited in Tho Rapk OF .Commeros 70 bis
.v:s s H. fSs s o -: e. s
that Ia order 10 make out tho offence WAS not necsssa
~ that the prisoner should eve prcsessd tho papers
caused them to % presented ana that the svidssce
would the jury In coming 10 the conclusion that
he had them caused them to be presented
10 the s6sence of any sxplna.ion ana explanation
had been gvon they would probably have very little
sderaon Of the objection taken to the charge hA. ia
net well founded The motion In arrest and for now
Judge Shipsnan-I concur. ! .ii, 81 +
TIM sESTKNCE.
The presiding Judge then ordered tho prisoner TO
Judge Nelsou-prisopsr you have been tried for the
which has just been referred to, for frauds upon
fai and PATIENT trial BY the Court and jury Have you
thing TO oer 20 the Court why tho sentence OF the
law should not DO pronounced against your
Trsnncr-i have nos.
Judge NeIson-Tho offence OF which you have been
convicted s one that DO committed only dsIib
GRAFTON and reelection. II required time and preparation
knowedgs Of the business or preparing claims against
oienta.y proof in support Of them il required also the
asaDco and pcratcn OF other persons 10 urhersnce
Of the fraudulent purpose. IL has OF the mitigating
circumstances attending crime Committed in haste
Or on sudden Impulse or theuehtessness. but y
the result &C deliberate judgment. 10 cno0: .nS
that Of virtue, respectabty and honor Besides The az
aravsicn ct deibcraton and reelection attending the
wealth used to tempt and corrupt the humble
ignorant and dependent within the circle Of your influence
For months you bad in your office aud employ dependents
who we're engaged 10 hunting up these claims aeinst tho
\ goycrnment-not only hunting them mp, but procuring
hs he 81 and
claims The amount was grossly cxasgsrssd-n N ny
| OF them the papers In support OF the claim and
the claim itself were an entire fabrication. Many Of The
persons whose names were used 10 getting up these
apers wero imposed upon--Inany names we're forged
many false caibs wore taken Indeed, your offence 10
vowed in its perrersion, In almost instance before
us, the crimes OF forgery and PERJURY ot others Of the
wages OF which you have been the recipient The mag
nude Of these frauds upon the government y appalling
peon witnessing yonr trial. and hearing the evidence
in the csse would almost come 10 Tie conclusion that the
Disturbing Office OF the government 10 TINS
| false and fraudulent, rather than genuine and
honest claims against H. There other indlct
ments, We informed already found against you Tor
similar offences For The present, ~ least you viii not
10 tried upon thcm-perhsps never. indeed We hope
during The PERIOD ~ the hong imprson
feel ccmpciied 10 AZ for this oncsce your re-
l hectons and conduct may work contrtlon and
reformation, and that whom you come out Of your
l confinement you may b able 70 satisfy the
government and The community that punish:
meut has already had in perfect work, and