Evening star., 1869-10-11
The Schuremau Case.

u
TIE MOTIoN IL ARREsT OF JUDGMENT
GRANTED-rHR ACCUSES HELD TO BAIL To
ANSWER OTHER IsDICTM aars.-This mornIng
In the Criminal Court. Judge Fisher delivered
has opinion on the motion in arrest of judgment
in the case of James II. a. Sc Schuremau. con-
victed on an indictment for taking and carry
ing away papers from the Treasury building,
argued few days since by Messrs. Riddle and
Philips for the accused. and Carrington and
iris for the Government. Judge FISHER,
after saying that it is admitted that the crime
charged Is n statutory one onlysander the act
or Feb. 5, 1867, which he quoted, stated that Ii
was the intention OF Congress to protect fr I'm
spoliation every tool, implement, or article of
machinery req ulred tor use Ia the making OF tae
puolic securities and currency, the paper on
which these securities ana currency is TO be
made whether blank paper or in part prepared
and TO preventive taking and Carrying away
OF any paper made In the simihtuds OF any Of
the public securities or currency. The indict-
ment IN this case was framed to vindicate the
law, and the question for him Is whether
the indictment is sufficient.
JuGge Fisher then read the section as appli-
cable 70 the case, and set forth At length the
cnaracterlsucs which an 10 trInent must bear
To become The subJec. OF the crime. II must be
payer printed and stamped, and intended to
ce put into circulation by or on behalf Of the
United States, as q note authorized by law to
ee put in circulation on behalf Of the United
States. The offence then described In the act
Is SIMPLY 1.-THE taking and carving away,
without authority from the United States,
from the building or vault where the
same Is placed or deposited By Authorities Of
and amended to Se P
on behalf Of the United States as a note author
izeo oy law to be 80 put IN circulatlon.. II the
tndictment does not charge this offence, 1t is
fa'ai. Judge Fisher then inquired, is the in.
diclnent thus detectvel He placed in COLO
c1ton the offence set forth in the statute and
the offence set forth in the indictment, sno wing
tnat they were essential variations. Judge
fO
nave described the papers In the In.
dictmenf, "as printed and stamped. and in.
tended 70 be prepared on behalf of the United
states as Gil culatiIg notes" oniiting the words
"issued or put in circulation" because eitner
OF the three terms are used in the alternative
and any one of them alone with the other ele-
plete It; but the words s.and Intended to be-,
have no alternative expression in the statpt..
and are OF the essence OF the description
Descriolng the notes as "circulatlng notes
OF banking association, organized under
the laws OF the United States Is not suffi.
cient" The abstraction of such papers would
not fall within the provisions of the section
under consideration. Huyck's bank, until a
few months before the passage OF this statute
was banking association organized under the
laws Of the United States, and there may
70 be put in circulation on behalf OF that
ban KING association. If Schureman had
taken one Of these packages OF notes he would
not nave been liable to Indictment ucder the
was defunct and suspended before this act was
passed. The words Of the statute could not be
held to apply to the notes Of Huyck's bank, be.
cause the authority to Issue notes OF such bank
bad ceased before the statute creating this Of.
fence was enacted.
Judge F. said that no lawyer or phiIologist
could fail 70 see that the indictment fails Mt.
terly to charge any offence falling wHhin the
statutory provisions. The pleader had not EN-.
ployed 80 many OF the substantial words as are
on ef Se 20 ns and ds:c
on the subject in Chitty and Bishop. In con.
clusion. he said: s.For these reasons am con.
strained st against my will to grant the motion
In arrest OF Judgment. say constrained against
my VIII, because am satisfied that the verdict
on proper Indictment would have been the
same as on this, which is so detective, and be.
cause the tr1al mas been so long deferred that a
proper Indictment would now be barred by the
% &c! OF Limitations, and justice must fail Of its
At the conclusion Of Judge Fishers decision.
Mr.. Norris. for the Government, called atten.
tion to an indictment; recently formed by the
grand Jury; and the court stating that he would
ateiy sent for some OF his friends.
RlvsR FRoEr.-Carser's WRau.-Arrived-
Schrs: sarah Jane; Love, from Broad Greek,
Spesutia Island, with coal for H. A. Barry;
Tropic, Banks, from Philadelphia. with coal
for K. a. Morrison; East Newmarket. Jones,
s.. Ea iSo an fST %oyx X War
with lumber for J: Kitch 4 Go.
Johns0n's Whdrf.-Arrived-Schrs. FEDERAL
Hill, Wheeler. from Norfolk, with 10000 feet of
yellow Pine lumber for N B. Fugitt; Sauls.
bury, Parks. from Havre.de. Grace, with 100
,v.s of coal for James Frazier; Pawnee, o Neill,
from assTS9En' ,.,,s T. I9ia @ sss SgIta!x Ann Ann
coal for Marshall &c Co.; J. w. Ryan, Pote,
with Ice for fishing shore. Sailed-Schrs. A.
n. Lee. Fish, for Georgetown, 70 load coal for
Hob2ken; John II. Travers, Whealey, for
Rley's sWharf.-Arrived-Schr Anna Gibson,
Brown, with oysters for Turner Son; Raven,
Coatney, with oysters for market; Cuba,
Smith, with oysters for Turner & Son; Nelly,
Status, with oysters for market; Signal
Shreves, with oysters for Turner Son; John
Raevn, smith, with oysters for Turner 6 Son;
Chief, Smith, with oysters and sweet potatoes
for market; sloop Lewis, Lewis; sloop Swan,
Harden; sloop Flying Cloud, Russell, all with
oy sters and sweet potatoes fDr market. Prices
of oysters this morning, ~ cents to 81 per
busheI. Sweet potatoes SSaS3.5 per barrel.
ToNler's Wharf-ArrlSec-Sch Ida May,
Jones. with Ice for eWashington and George.
town Ice Company; Charley Nevkirk, Hunt
ly, from Philadelphia, with coal for Ice Com
pany: sloop Susan Brown, johnson, from the
Capes, with fish for J. II. Skidmcre.
Fays Whaf.-Arrived-Schrs. Mary Q.
Cramner, Kelly, with wood Tor market; Me-
chanic, with oak wood for market; Martina
Washington, Gray, with oak wood for mar.
ket.
Broun's Whdrf-Arrived-Schrs. Cakes
Ames, Edmonds, from Philadelphia, with coal
for Brown & Son; Phebe, Strawn, with wood
for Brown & Son.
Galrs Wharf-The steamer Arrow, Stack.
pole. left here, with decks full of passengers,
for Mount Vernon. Steamer Columbia came
up last night from Baltimore, with general
merchandise for our merchants. Steamer w.
w. Colt, Capt Ryther, left here at IL O'Clock,
good a number Of passengers and 700 barrels Of
flour.
Potomac Ferry Wharf.-The steamer Wawsset
came mp last night from Cone river with heavy
freight Of cattle, produce and poultry, CON-
signed to dealers.
CTOuchs WhdTf.-Arrived-Schoo Rising
Sun, Clark, with wooc for II. +. Clark.
Sherif's Coal and Wood Wharf. foot of 6th
OBSERVATION-DISCLOSURES Mary Priscilla,
Hooper, from Hayre-de- Grace, with coal for
G. L. Sheriff; Charles p. Stickney, Mathews,
from Philadelphia, with coal for same; Mis-.
sourI, Love, with wood for same.
CRIMINAL COURT, Judge Fisher.-This morn
ing John Schultz, Indicted for assault and Dat.
terry with intent to kill in two cases, was
found NOT guilty. Messrs. Hine and Schmidt
for defence. The case OF Henry Hinber.
Robert Thompson and JOSIAH Perry, ir dicted
for riot in the First Ward in Nav last
(when the drug store Of Mr.. w. M.
Stowen was stoned) was taken mp, Meesrs.
Harrington ana Lovejoy for the pros.
ecution, and Messrs. Cook, Cahill, and o. s.
Baker for defence; and the prosecuting wit.
ness, Mr.. SlOWeu, Was examined at great