The New York herald., 1864-05-29
The K0h nsta snma Case.
UNITED STATES CIRCUIT COURT.
Before Judges Nelsco aud shipman.

L
May os.-Ihis morning. IN pursuance Of an order o
the Court fixing day for hearing motion FOR
Of Judgment In the Of Solomon Kchssssm. found
guilty. OF defraudiuS the governeot BY Of
certificates and vouchors the brought up The
court. and represented counsel,
Messrs Evsris Brady and Dean, the government being
represented by the Uned States District Attorney Mr.
smith. aud Messrs. Pierrepont and sedgwick
Mr. Evarts iu moving for arrest Of judgment, said
the drst consideration support OF the application
presented the statutes Of 1923 and 1885, latter he
contended sections Of former besides
containing certain saving clauses which did no, embrace
the present The saving clauses provided nrst
pending suits and tho rights and claims OF govern
ment but oil OF pccuniary chiractsr The case Of
pending when tho act passed. and was not
Of recuuary Dstnre. II wos necessary 20 prove
The ndcim msu only charged that Kohnstamm presented
certain false paper IN which stated that the gov
ernment was debtor 70 Lewis pfener 10 the sum OF
1866. This wss admittedly q false statement, for
which the prisoner respons BILE II PeifYer Who
Il seems, was owed some 800, made out bill for 81 seo
agsns, she government, the offence could not come
der she pro Of the act which only the act
OF forging OF constructing false papers, the bill
his Honors charge tJudss Sslson) hs cou,sndsd that
there was no pvoef thai Kohussanm presented the bl
although the charss 70 the jury would lead them % le
svss os the biz Il Psier, which Ss4 been The :usscs
victon could asked that order had besu made
enbse1 emily 10 favor OF Kohnstsmm The defendant
might have beea indicted for obtaining money under false
presnces had he presented vouchers money knowing
shcn, TO be false On the proof OF presentation The gov
bad failed there proof that he presented
b which IN Itself bears evidencs Of being dslccaeed
sfter presentation. Would toe pstrict Attorney ssk
ss ss,.s ssss ssv. .sa
@ sneS ssdenc. no ,s vas safe s'''
Fx Judge pierrepont opposed the motion the part
OF the government The act or 1853 ne coptonded did
not nuiiy the act Of 1928 under which the amendment
was ramod. II would NOT be disputed that the inteu
ssge of The act The had greatly altered
since 1923. Tho government IN the midst Of Q war;
aud Congress found that numerous frauds were COM
mitted the United states IN this city 10 Washington
and other places and u IN order to punish these
offences that the act OF 1s63-which simply addi-
ton the previous actwas adopted. aud which became
pecesary by the increase Of the crimes which
ssnei to unish. The act provded not merely for The
presentation OF bill, but also covered the OF
party who caused such presentation OF false bill 70
Evidence Ind distinctly proved that Kohnstamm himself
presented the bill ard received the amount
Mr James i. Brady followed behalf OF the prisoner,
and contended principally that the indictment MT
valid IN support u his argument he cited the FIRST
tion IL the Law " claims which provides that all trans
fers ann assignments hereafter made any claim made
upon the United states any part share thereof
interest therein, whether absolute or conditional, shall
be null and void, unless the shall be made 10 the
presence Of a least two aesng witnesses after the al
dus and the issuing OF warrant the payment there
o. There only witness tho assignment onered
IN evidence aud II made before the claim was al
lowed and hence the against the prisoner could nos
be sustained.
Tho Court took the papers, rsservins decision ,i Mon
ueYt.