The national Republican. [volume] (Washington City [D.C.]) 1866-1870, 1869-10-12

fndtd 10 DC pun " cVCMdftON on OffnU OF ~
yniisd Siaies as nols aaihsrised BY lao 10 BE- %
'w IN circulation. Tho offence, then, described
y the sixth section Of the act Of February 9,
framed, 10, so far as II relates TO
he acts charged, simply, clearly and precisely
ioriiy, from az Uaiied sisisi, from ihs budding
sS Sp ' 81 nc G tf%s s s ss9' sS
,rinted or stamped, ani inierded 10 be put IN CIR.
uiaiion on behaJ Of ne Unitsd STATED q, note
iSs 70 sss. q &: I've .ouu
,harges fhfs offence against the prisoner, II II
charges him with acts coming fully within this
dc,,SIptiS55 employ, 20 q
snable the court to SEQ on what statute II is
framed, and also such other words As are co
sential to complete description Of the offence,
81 their equivalent In meaning; or words more
Than their equivalents, but which include tho
full signihcations Of the statutory words omit
ted, y must be held suticient. TT fails to do
order to ascertain whether It 10 suiilcient or IL
fatally DETECTIVES let us make an Analysis of the
ilrst count, since both accounts are alike with
Noticed, that The frst count lay. the s.ports.
ton to have been made from the Treasury
building at Washington, while the second lays
IL from the vault Ia the Comptroller's ONCE.
There 10 no controversy as to the suhhclenoy
Of tn Indictment SO far as relates to any Of Its
except that describing the papers
which were the subjects Of Appreciation. II
~,
certain papers printed and stamped and pro.
pared In part to be issued aud put In circula-
lion on behalf Of the United States as oircu.
ley ssn as' Il. laws q e. Ta.s Ss.n
prspsTsd q i:ss.d and put Il s.' S1r
lation on behalf Of the United States as oircu.
Jersey City, each OF tho denomination of enc
hundred dollars, and eighty papers printed
and stamped and prepared In part TO be issued
States as circulating notes Of the First Ma.
lnation Of ATTY dollar, from the building where
posted BY sutsority Of the UotsS States a 70 To-
wit, from the building known as the Treasury
building at the city Of Wsshisgton a. the
s sSSIy s .,d .ss s s s's sSS WIN
intent TO defraui the United States, did take
and carry away" So.
How, then, does this count describe the pa.
pers alleged to have been taken and carried
away' Does the description In the indict-
nent correspond 10 each and every essential
feature with the statutory description1 Let
US collooste the two descriptions
Tho statute describes The Indictment dc.
P paper: printed or A 4: paper ssSss. printed
4: paper. pEIn, e, 9: 3: 5, y; pspsr. printed
be isssed or put In ctr pared o. part 10 % Is.
culation. susd and put IN circu.
Here Is large difference between the stAtu.
tory description and that In the Indictment;
for "a paper printed and stamped aud prepared
Nm part to be issued may not be Intended to be
Issued even after having been thus prepared In
part to be issued.
l. As papers DR. nted orr l. As paper. priutei
stampei and Intended 10 and stamped and pre-.
Pc issued Pat eiren paIsd 10 part to be Issued
Gsiisi States: ''' :S,l Of he Gaii 20
g. As paper. printed or 3. As paper. printed
stamped aud intended to- and stamped aud pre-.
bessasd or put ei,eu pared N part to be Issued
Ga s s'h =. nS 81 the ssS re- 9.
las circulating notes.
The employment OF the word circulating hore
10 only more particular description, ADD as
1t does not vary from the note described 10 the
statute, but only adds greater Particularly, It
10 properly used.
stamped sEd hRoaad stamped SsaT sn printed Pssi
be issued or put erep pared In part TO be Issued
Galted Slate, 4. nots: ssSsif q net nitsdst.is.
authorized by law 70 bela circulating notes Of a
y SLrcaia.ioa n behalf ssaiis$ under ths laws
Here is a wide departure from tho statutory
banking associations Organized uoder the law.
OF tho United States" are by no means identi.
cal with or equivalent to the words "author
low a 10 be s iS or psa
ltwouli have been sufficient to have do
seribei the papers In the Indictment as "print
ed and stamped and Intended to be prepared on
behalf OF the United States as circula Il na
notes." emitting the words "issued or put IN
circulation" because the three terms "prcpdred
issued or put IN circulation are used In the al
with tho other elements Of the statutory de
scriptioo, VIII complete 1t, but the word
'dnd intended 10 be-" have no alternative ex
OF the description. 1t will not do to say tha
| tie expression used In the Indictment, "pre
pared 10 part to be issued and put In circula
tsnaeu 10 be Issued and putin cirsaistioh,'
for there may have been y partial preparation
OF the papers. and after such partial prepare
| tton, and before they were distracted, the 10
tention TO issue or put them In circulation
may have been long abandoned, and withou
the Intention existed at the time of the alb
them In circulation on behalf Of the Unite,
| States, they could not be tho subjects OF tn
protection OF the statute.
OF SPPSn sss
under the laws OF the United States" tn
pleader 10 equally remote from the employ
,s mSss 70 sss dc
thofized by law to be printed. stamped, sealed
| prepared, Issued, uttered, or put In clrculs
ton" There may be, for aught we know, nov
printed and stamped and Ia part prepare
as notes Of banking associations organize
under tho laws Of the United States for tn
| istuiuB UT prephftnB OF tuc putting
circulation OF which there Is 0 existing authoi
ity OF law. But the abstraction OF such paper
would not fall within the provision Of tn
Huyeks B.nRetss Mepvss ass. soa III Bsn
a few mouths before the passage Of this statute
OF sss uHiiea States Theae may Be V
tne eomptroller's vault, for Aught We know
at this very time, packages OF unfinished note
nst II aSa sHpsd 81 and a s
states, as circulating notes Of this bankin
association organized under the laws of tn
United States. But II Sch fireman had abstracte
have teen liable to Indictment under the sixt
section Of the act OF February 8, 1857, simpl
because Huyek's Bank was defunct and woun
have been no Intention since Its passage I
complste the preparation Of such notes, or I
Issue or put them In circulation.
But ne 2, notes Of Huyek's bank could J
and prepared, In part, to be issued on beha
OF the united States as circulating notes OF
banking association organized under the law
OF the United Statesj II taken now, howeve
they could not be properly described as papel
pared, Issued. Or PVT 10 circulation on 6ehs
law to be prepared, Issued, or put in circull
tion on behalf Of the United States, which al
nc descriptive words OF the statuteI beoau,
had ceased before the statute creating tn
offence had been enacted.
think no lawyer or philologlst who wi
take tho pains to compare the descriptiy
words OF the statute with those OF the indie
nent can fall to observe that the indictmeI
fails utterly to charge the defendant with an
offence failing with n tho statutory descril
lions, The plcader has not employed SO man
OF the substantial words OF the statute as ~
necessary to a complete aud precise descril
tlon OF the offence or their equivalents
meaning, or words more than their equi,
alents, which include within themseive
the full signihoation of tho statutory wore
not used. This he must do or the indictmer
must fail. Such Is the rule laid down
entity, and by Bishop, who, In his first volum
OF Criminal Procedure, page 254, In a note
section $50, has given US 4 digest OF judicil
enunoiations on this subject, and very properl
deduces therefrom this rule. 1t 10 rule while
comments itself to the sound sense OF ever
pleadef as safe guide to certainty as to II
issues to be presented aud tried on indictment
and as safeguard to the rights OF the a
cused
For these reasons am constrained, again
my viii, to grant the motion In arrest OF judi
ment. say constrained against my win, b
cause ! am satisfied that the verdict on
proper indletment would have been the san
as on this, which Is so defective, and becaus
the Trial has been so long deferred that a prop,
Indictment would now be passed by the act
Limitations, and justice must fall OF its oblec
Mr. Norris moved for SchuremAn's re-srre
III Tour other CAGES for passing counterfe
Tho Court ordered the arrest, and axed a
forwards the baillin each case at $4,000.
Nh nj - an han ri