New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-05-23
LAW INTELLIGENCE.
UNITED STATES CIRCUIT CoURr-MAY 2l.-Before
/. Judge NILSSON.
IIIE KonNsTAMM cAsE-pIFIH DAY,

TIE KOHYsTAMa cAsE-PlFIH DAY,
United state, at. solomon hohn,tapm.
The trial Of this case was resumed tins morning
ct II o'clock Jas T. Brady closing for the accused and Id
ward. PierIcpon, for the pFeseeution. -
ncd points tie law IN the 20 the presena
ton Of ac writing, charged IN the indictment
The Judge ,ad tai these points "isn' Dc urged Oh mo-
GgSTIExRs oY THE yuRr-The crime with which the
March 1873 which l., suh;ance, that person who
shall present dbuI,ins officer other appropriate ohcer
Of the Goysnusn face account or csi with intent 70
defrAld the Government knowing a. tie time that the &C.
claim thus Trcsened iese and fraudulent .hal
prisouirl prison for not exceeding ten years
The meni ia tl cs'e j. founded upon th' statute ana
ohases oaense t. out IL presenns false claim At the
one q CAPT Lared the disbuTug officer In this city The
I'm So il OF one PsiH r. or .ubsistence Of recruits Ia
sicncl Pfcgcr LIVED a. Albany and did sub recruits at
ssair,, M. overreut .oncth. nor. than and
quito : Ice lie told yop the mean. aud measures ne ih
aien iof procuring payment q h. claim lie had 'eni !, to
the proper oGicr WHO then with his regiment Al in
chester Va TO st tie proper certificate TO get the e al
lowed.
Ths no, very important except FL upon your minds The
fact that tins was Al the aim be bad
the ,ovsrrnsn, aud oertihcd to by Csp, steine
which pTccntcd TO Lansd the disbursius Officer and
paidan you see Of !oo OF entire sonca
ton hog; color prcion-r Of rish' Pciher and seine
have been on the stand lou ienentsr Le,neliher very
sentPf.r To- particular. rather stupid They both
Of he stated Of their ,iaiuTes to this fabricated hi-
P,ieT 10 the receipt, bant receipt believe and stem
or. TO tie cofr-ctn.fs Of the bill that the handw rng
embled hsi bat they would not acsnowledge them On
However,, may be TO tie genunrne,' falsi,y Of their
signatures land their names may have been forged Jae n'
we know be made that deceive the person whose
has been initiated perfect tie art 81 the penngn
matter whether their 'snauie are forged or not ihe ei
dsuce fall and safsctory thu, tie bill was forged aud fraud
ulcut matter That names are attached O. u IL. io1nia
,,9n :" nsse ,,a'. "a, We ,eD 800 80 ~ "VP ~
on This bill which you had IN your hand was
pfoseucd dbursns officer Tor paym,n, the ID Of
Aqsu,, 1871 daring L.rnsds time. ond paid by check
the Assistant Treasurer Who presented IT TO tie Office aid
the b the tie eien
| Of the crime. Who, therefore, presenied Il J
The BIZ /. produced from ,he BE. Of the Disturbing Office
you mud attached what purpors 20 be an authority
from P'eifer 10 hohn.ismn TIE pil'onst 10 rec, ,e he
Of anei whom you remember although be has not been
w.' having gone g LuroP. bat ho Va, claimed 10 nave
denied the Learned council the prisoner bui this not
Of much portEce the bill paid uy '"cs OF aTncd
10 the prisoner. A. you remember Wa included IN lot Of
eighteen bills when had been purchased by the pfison,r
which amounted Ssi73 ~ That the amount OF The
eecs Tor the eighteen b' Of which the Pe'her bill was one
The check produced before.
Now 1t Il, made question whether Kohn'iamm presented
this bill TO tie ohee, or caused Il 70 be presented N9h j. lhe
ihins in law Il h not necessary mat should De pi.
The b you have een had order attached to IT 70 pay
III. amount the prisoner u was Tresened oy somebody
per-on but 10 the prisoner Tie chtck - aiaS
IN his by and according to the evidence was de-
posted To hi. credit the Bank OF Commerce. lie Therefore
lad the ssal- Of H. He received the money nponn thnA
under these croumaces he ia charseane WIN Tue PIE
he e'enied by onc other pt'on lie taxes he Dement,
Of the presentation He receives the payment end apples II
10 ti4ls u WAoiil
idea that he had nothing to do with the presenaton Of to
the Disturbing Office =,
f,y Of the band the preenation OF 10 the disbuTng
ocr will probably not give you much trouble IN your de
hberaOns The evidence seesto me to be too u on That
Te next and only remaining question is Had the prisoner
knowledge the time Of the presentation OF the bill and the
receipt Of the payment that ae and fraudulent This
our.ton l. Of fact ard to which Is necessary tina.
.dse That question II all the evidence IA this
brings minds 10 , conclusion then your duty Is plain
do no otherwise In di,ehsrse Of your duty and your
In the guilty know,-dse II the proof a tina,
point then II Is equally your duty 70 acqut him. This
point which has been greatly pressed the part Of the
cuion and resisted on The part Of the Psonef And have
case the dehberauon with which you have heard all the
wpees that are In possession Of evel material fact.
which should influence your minds upon this question
shall call your attention only To some of the poinsto the
mor, direct evidence brarns npon h. la., and material point
You will recoect gentlemen the Lieutenant olonel Of the
6ai Re gmeDt, who had been In Virginia aud who
Pfefer BILL and who returned here disabled he said by
sickness. II this witness TO be believed land this is
zion Tor tho Jury then the prisoner had direct notice the
stated Capt Becker had broush, the bin to him 10 sign
and be had refused sgn H. aud that aeTwad the pr.
oner applied him sign aud certify to its correctness
ard stated that he refused aud that he gave the
Pfeig,r could not exceed 500
Now before the bin had been used procuring the
money from the Disturbing officer while they were engaged
getting up evidence Of M authenticity order enable
the claimant to carry through the disbursns Office so
much for this The weight Of this testimony l.
matter upon your Ismcnt aud elton.
You witness aud heard s testimony, and you
believe what he teed to- he brings home direct knowledge
10 the prisoner Of the asy 81 the bill that not 1900
wa ae-makns some 100 Of 1t false and imposition
upon ihe Government.
Now bearing this question Of guilty knowledge have
admitted evidence Of fraudulent bills presented to the dsbuTs
s Office coi'mporsneous with ths onsffauduen bills
,onted by the prisoner Ioar the time when this This
Spectre Of evidence allowed for the that hon
person might be- imposed upon IN Transaction Of this Kind
He might become the victim Of but If he has
been repeatedly engaged in similar about the
tim, which oat Ia b. fraudulent, IL changes somewhat
the character "a The nacon number Of frauds occurring
Immediately before after the IN question which III
stood might be pa,scd calculated to excite in
quiry into The honesty Of d." party engaged la them
". have ao@ ed evidence Of bills which
you iii recoi'st shall not them. You viii r-col
ctt that al OF these oils were either wholly asducni with
out my shadow o claim the part Of the persons IN who,e
they were made or they eAaes efatons IN
aInouLt schot'i tI iusut.op, winch made out
lfr go 20, while the scoa which Schober himself
IL lI-r.