, 1870-04-11
THE LAW COURTS,
Iirs1 Criminal Conviction Under
tho Bankrupt Law.
A Merchant Who is Liable to Visit at
Joliet, Illinois.
UEITED STATES DIHTRluT COURT,

Joliet, Illinois.
UEITED STATES DBTR1oT COURT.
- FRAUDULENT DEALING. |
United st2tea y Henry Frank. This WAS an In |
dictment under the following provision OF the
Bankrupt law: "1f any debtor" etc, small WITH
In thrse months before the commencement Of pro-
cta11nga In bankruptcy, under the false color and
pretence Of carrying on buAineAs, and dealing in
the ordinary course Of tr1de, obtain on credit
frpm any pefson any goods and chattela, with in-
tent to dclyaud,r etc., he shall be deemed guilty
Of a.misdemeanor. and, upon conviction thereof In
by imprisonment, with or without hard labot, for
a term nut exceeding three JeaIA"
The Court {Blod9ett, ~ charged the jury Sub
tho acc1sed muss-i. Obsa,n goods and chatsen
num soIuc pcfSon, or 1eraons on credit under the
false pte.Soee of earring o. business md dealing
must be obtained withtn thrce months from the
commencement Of proceedings In bankruptcy.
J Such goods and chattels must be obtained on
credit, Is Aforesaid, with intent to defrAud.
The obvious purpose Of thls statute Is 70 pre-.
vent persons from obtaining goods on credit with
credit that they viii be disposed of In The Ordinary
Sngsse o. hnsiness, n when. in fas. he intends to
unusual manner, Or Knew tnsI he was insoivent,
nna that the goods would 70 Into the hands Of his
assignee !n bankruptcy, and be disposed of for the
usual course Of trade- II vast prevent men
from Abusing their credit and lmpohng, by means
~, upon others that this act was passed. TO
good faith In commercial and business transac-
uons between business men
In this casc it seeIns from the evidence and may
ba taken as unlspuiel that during The latter rast
Of 1866, and until The 9Th OF January, 1858. the
nr1n Of Z. Frank Bro. was engaged u business
In this State, md that the defendant was the nc
tive. and, far as the evidence in this case goes
Tould seem 70 have been The pEtncpsl nen9cF ~ o.
defendant appears, from the evidence, 10 have
been In thS city and to have purchased. on credit
Of nom thirty % NINETY dsys from ne several frns
Of merchandise, 1nainly In the direct line Of
his bualness, and With the statement that
ncss Il Springfield, stating to some that he ex-
pec&ed to open smother Giote at Alton. In thla
State. While mixing these purchases he made
representations az TO his financial condition. show
| ing that, II tue, he was then fully worthy Of the
| Grd!t he asked And the Witnesses testify thst
these goods we're obtained upon A ne @ iat1 A. iaef M
lief and expectation that the goods 80 sold him
would be Ietailed In due course o. business At de-
fendant8 store. That on the faith OF these repre-
sentat1on1 then nlade he continued TO obtain stu
turtner bills Of goods up 70 the 1sth o. December,
1857. the lsst bly, amounting noun 70 fsi, Beng e o. .;
this city, md shipped 70 him pursuant to such Or
II also hppe.rs In proof that on the 9Th Of Octo-
ber, 1857, defendant commenced snlpp!nR the
goods frum hts store In Springfield, BY express 70
ST. Louis. directing them IN cipher, SUCH snipmehs
he Cd 81 January, 1855, me defendant applied to
the tinted states district Court for the soQtnern
pa. nI ss o1 .aas!as sns messse seaedue d ssses
| ana much larger schedule OF liabilities than ne
bad represented Al The time be had obtained the
seT%Hst T%st II Emil F,snk. one Of the members Of the
Inn, could not be found, AID haa pfonaoly 20
scontled about the time Of applying for the bank
fhese are The main features OF the case On the
. rart Of the prosecution
tained on credit, under the prctenco thas tho de
| feudant was Carrying on business tn hc ofdlnarl
way, Rnf That these goods were 70 he asse y ~ .n
| poscs from the stnEe Of E Frank hso.neI. ny
main question now "a, were these pretences islse
Foot.s, roo ~ OF any Of then, on credit intend to u
, them In some different manner from that OF nj
'tG Gsnai|ys WI We ean Only asesstsin mans .nsen
tons ron his acts Criminal Intentions are MOI
rule, dlvu!srd, except as they arc to 6e Infer
a. as5elapsa s@ !assssS Tas1s So ees,5is II
' eytdenes showing the a time 80, mhen T., ne s !de
ca,ssso fo9 nc sse parosc OF selins taes
Tcta h,s ssos a. srI5ngnso ,5s, sqa "a Il T. To
and 81 selling lin % them Al wholesale, was conceive,
8 But, fsnIn the circumstances surrounding y
+ whole transaction, you are to INFER what h
1aS Re oesaned u Iae Eooa= @ = s1.minlne these q
d cumstanccs yon viii p1obahlJ note the short tn
tae aeasp ssp9ens u iss
stocs In undc TO St. Louis to be disposed Of tn !
e ext1aordinarJ manner: Ins nc 1 tnM ms psgcs
q iot Of goods having been orlesea on, the l7th
u asip asippnf III pe eis Eooas ava! b. express ~
N The facs that he made false and conaicd'
as dltton, when be Obtained The gooda u Jou sn
te believe them false from the eEdence), Ia also e
u des.t You wil remember that In making sta
he was worth 5000, over and above all deb
lor aud that these creditors were put OF BY false
II. sP xns o. acss s
81, 70, IN keep creditors quiet while this process
a1e denetinc his stock wan going IN, nre eirrumst:
A. ces which Jou can consider, and from which.
lie coscnt enough IN your minds, you mar Infer
ed intent to detr1ud, reaching back 70 the time VT
the goods were obt1lne.l.
But you mu.t at the same time be careful
70 presume criminal intent, or Al intent 70
fra,ld, without evidence. The law prcsur
dnS 1nS Il eEanins S Tie eondaet ii Tic
* iendaut tn these transactions, 10 give him
pe r Z is f.sSr ee a
and II susceptible Of two construcuona
Tt =. m.kes sou H. e,ssa !Tfe ~ e,e1 o.
,ont p1a:1. Bnt while you an ,oun. % give ne
The icutlant tho henrfi Of any reasonable doubt
ock Snrrnlered hy =. ths tnsan's,eney g, -,
ane- fhe Crthcnce fnr the ffUscCULlnQ 10 cS1AO
Aas- 10 ynut minds belief Of guilt In other mo-
nal | rpti must deem it unreasonable to believe
guilty nndcr nli the pEunfe In the case. II, II
thu evidence satisfies YOU that the defendant
:. tatEr,l a1y portion Of these KoodA on credit LII
false 1retcncc Of carrying on business, waeI
~ truth he wns not at that Tine carrying On ons'I
~. in dEe course Of tr1tc but Wta then eecrety s
Ming them Ut sacrifice Al less than cost, and
, s4lt! purchase made With Intent 70 de1ra
~. ~ you viii ind the defendant E1tJ. But Il the
1teaee does not establish these facts Of false
!sr. tcncc ri earring on business and intent to
st t fraud. you will ind the defendant not guilty.
~ ~ And take occasion to say that II the proe
~ deemed hy you sufficient to establish the
liz III which hare told, you must continue to make
thr ufIe0ce and hope you will not hesitate 70
70 ty your verdict The interests Of the com
nifty require that offences OF this character 81
when duly proven. be condlgnly punished. an
In feeling Of sympathy for ths inl!vlIna shoulu
ned the due visitation Of the penalties Of the
on upon those who are proven Rutlty. fou owe
s,Jc every busancss 1nan, Ia yourselves, and inc
ariT mun!ty to punish offences OF this charaetar W.
fs il Suffered to 90 unpunished, would wreck
~ confidence Of all men In the etncacy and mai
aiiT Of The Law, and 70 see to II that when case i
I'd made out, punishment shall follow the one
hc Men should be tauEht thatt ts as dangerous to
F | tons a. with the fa1se key Of the burglar.
II YOU shalt therefore, ind that the proeecu
! hna made cut their casc, JON will simply nnd
tieIcudant guilty. 1t wifi he for the Court to
? a the term Of Imprisonment, 1nd whether II sha
ayfd | at hard labor or without II
,orn Defendant was fund guilty.