The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1864-05-22
CONVICTION OF SOLOMON koHNSrAMM
United states Circuit Court
Before Judge Nelson.

United states Circuit ooure-
Before Judge Nelson
MAE n.-rhe case OF the United statos against 500
m Kohnstsmm. charged with defraudnx tho govern
ment by means Of fabricated and forged bns for the
sisepcs Of troops In the city In 1901 and 1862 pay
ments for which he drew from tho mastering and
dtsbursing Office IN White street. was resumed this
morning. Tho case summed up on the part OF she
accused BY Mr. James Brady and Tor the prosecution
by ex,Judge Pierrepont. tlE
oHARGE on JUDGE NELSON
dctnen brought the Of March g. 1898 and pro-
vides that any person who shall present disbursng
0cer false account claim with intent defraud the
government knowing At the time that the account or
cisha u false and fraudulent. such person shall DO
deemed guilty OF felony, and punishable ia tina state
priscn not exceeding ten years. The indictment is
ioun dsd upon this statute. and charges The offence
TO consist Ia presenting the following claim to the
office Of Captain Larned. Disturbing officer this
osy. for paymsnt The claim was for bill
recruits In Company r. Capt Steirci OF Fifty eighth
regiment, New York Volunteers. Pcner resided in AL
baoy and did subess recruits at hs house TO the
or ono hundred aud Sixteen and which he claimed
against the government about 800 Upon this foanda
IL che 81 sS % ~
stelne for 81 $780, which was presented 70 the dssurs
ing officer and was paid rfeier and stone have been
on tho stand. and state that, although the sigma
bill. The evidence is quite full that this bill was
bin for subsistence. Esc mad no claim 81 account
o. this description beyond some 500 The bill was pre-
scented for payment August 1862. to the lsbursins
onucer and paid who presented il at this Office Inc
bill presented produced from the records OF Office
from Pfeer to Kohostamm ho sccused to receive ne
money. II 10 dated May 30. 1862 This order hand
writing Of Bach. who. Il Is claimed, was in service Of
prisoner. This, however, ia denied But this Of
Huea Importance. As the bill was paid by check o.
Captain Laraea. disoursng officer. 70 the accused.
ess ' Amounting g. check
s,sssa presented the biz '' the ONCE or caused sS
ii 10 BE- presented which Is tho thing. Tho BILL
to the prisoner. presented BY scraebody pay
en and paid 70 the prisoner ne, the order by check
and lad credit for t. now ws think hin n. psons s'i
chargeabao with tho presentation Of tho BILL OF
CAUSED cause y % o. unless explained 10 way 70
was to him, and is not disputed but that he received
the money on It, or rather that no accepted the check
fa,sty OF the BILL aud second the presentation
OF IL TO the dsbursins office and tho reoepso payment
be tho evidence seems 10 be fun The next and only
remaining question s had the prisoner knowledge at the
payment that false fraudulent This question
10 ono TO which you should particularly turn alton
direct NOTICE OF the asty Of tho BILL and that The true
could not have been 5000 The prisoner said he
had %; 0 from and
the reason given TO prisoner that was false On this
branch Of the case the Court has allowed proof OF frauds
upon the dsbursng office conemporaneous With the
before which the prisoner shown 10 be connected
There arc six OF them These bills either
wholly fabricated and als0 very greatly exaggerated
They were al purchased by the prisoner for compare
lively small sums OF money. and, as We have seen from
very ignorant and iterate p0rsenspersons who could
easily be made the subjects or imposition For instance
SchObors bl made out and presented and paid AZ the
discussing office 10 500 So only $500 was paid for il
BY prisoner FOR $500. give these as illustrations.
Bauer who 10 employment OF prisoner and claimed
10 be his clerk during the time these frauds were com
mited believed not only the knowledge Of tho
bills wero made In his presence, and 10 his Office But
what, IL believed, is most conclusive, is thai he
fEsauer was sent to tho persons 10 whose behalf the
bills were made out, 10 enter them ia their books,
Of the genaneness Of the bills 10 addition TO this tho
prisoner appears 70 have been largely engaged 10
purchase Of these claims This We from the checks
in evidence given 10 payment Of them. He bad bseu ad
certainly remarkable that all the bills in evidence pur
chased by him should be false snd fabricated. Gentle
men, this question OF guilty knowledge is question Of
fact for determination The frauds proved beyond
the dsbursng Office keptacc0rding 70 the evidence
before for paying genuine but fraudulent claims
We have heard OF honest ones. The proof Of good
character entitled TO weight only ia case Involving
factory proved.
Tho jury then retired, and In about fifteen minutes
returned into COURT and, through their foreman, rem.
Mr.. Smith District Attorueyl-Your Honor. move
that the prisoner be taken actual custody.
The Court-Mr. Marshal, take the prisoner aad keep
him In actual custody.
Ne. Evarts notified the District Attorney that he
would move for arrest Of Judgment
District Att0rneyY0ur Honor, counsel have given me
notice OF motion In arrest Of judgment As 10 best 70
carly day would propose saturday next for IT,
Mr. Evar hat "