, 1870-01-24
the COURTS.
The Law Of False Pretences-Import-
ant Deoision Of Judge
McAllister.
New Suits and judgments,
Reoordez's Cont.

49, N~7s - WIG 1NVa2 Va Wuu4R v. A4QR
1ndSe MoAlisteE, OF thi1 cou1t, lald down tn
Law IN rtlation to ths obtaining oi money by fails,
p1eteoceh The defendant IL 4 citizen OF lows
q p1oEnlnence IN huEt1asE, and rtspootahIlity /.
toc'ety. Hs Was lntiotod hero upon IN,
Indictments for tho alleged offence q
having oossinod, IN May last, l1.z,
sums Of money Aon nrm Of conmias1ou uer
chants Of this city, OF the name OF Smith 4 Mayer
By false preteneeA
1tsppeared in evidence tia. tho defendant VI,
dist:ller In Iowa. and the couplaiuants oonmis
3ou merchants In Chicago, The defendant hay
ing previously msdS various oonI&nmeniz o,
hizhWfnes 70 compla1nants, on tha 7tn OF MAE lsst
Wrose them letter from Lyons. enclosing sn tn.
voice Of highwtnes, made By himself, amounting
10 500 brls,, stating that ho would ahip the,u
the next day, and that he had drawn On them TO.
$aooo. he. IN fae:,' did dfxw on them q alQn,
dtait, payable to tho order OF bis bankers b
Lyons. 70. that sun, upon which tho bankers sd.
T2nced The money to h1m- Thai dr1ft wa CD
dorsed o'er to the Csshioe Of tbs Second National
Ba1f Of Chicago By the payees. md sent % for
psynent amith Malef having received Tho
dsisndaat's . latter. on ~ strength Of Il, drew
tneir check on their o1nE for the amount, Kot Ii
certified. knd By Il the dfafs was paid. The high.
Tna Indictment allazed that By tho false Pre-.
highx1nes, the defendant obtained Of Smith i
4eJef nFe fhcassod doilsls IN current bank ollla,
.ss 81 sis r. sa @ TT q;
sustain the indictment. The Coart i@cAII,;s;;'
Jadge,) gave fne folio .ins decision;
me etaential elements Of N Indictment for Oh
nnisR pEopstt[ bJ fa1se pretsnces are: L Tne
talslty q the pretencea 4. The descf1pttoa sna
o1xnefsnlp Of ne property oota'ued. a. 10 the
the same rules ihst obtain IN ctseI Of lsrosnf
me property oblalned mus; be descrtbed and ms
iesa Giwne1smp stated NTH the aAns precision ns IN
Tbs eiatute il: III any pc1.op Or ner.an,
sas1 te1s aposiE and oesgsedy y ~ fse 20
pet9ons, Any ehose IN actloo, money Kood1, Fnraa.
cnsttals effects, Of other rsluabe tniag W1aie7eE:
win intent e cheat or defsaud any 11ch persoS
10 involved In this question: viz-: i, bid the de-
! ssni1gg!: g! psia aeoa ths di.tt Whach b. dssV
M.ya, r tas n.1 snsaer uss ia, Z he e@1 I'D po:
thas U. within the Htanlux OF the statQte, IL Il
nos HInough iaat by ihe Prisoners preteneea tle
the defendant credit and TO part WIN theft Eesux
bat he must have Obtained tho moDeJ-the spe.
slseRS s0psa 20 aa stos f.. = .
took The properly sliered to b. p1s s!oIsns
r. nero yon 1nnst ahov lhst ae obtasns1 it
ia ts dd s,es ns fSsee ns that
aRent7 The only money Which he receired ~
q a. y en !: H. ~ ~ a.. 60
2AyAhle 10 them. When. therclose, theJ adynocea
sne %onsy On = the alaft bec.a,e snst1. IN Ian,
SECOND National Btnk OF Chicago, 70 whom It VA
81 ~: s 5st hs
no drarr, and when the money WI ohtSinsd /
3pon M r aaca money w.a obta,nsd BY tnsm, |
deey ~ Il eesE aa ,s Tas sR
.h1ch ha1e been able to nnd, il the shoIt spAua
y y. On adjournment Is that Of Re1 ', Wa7eiL
70 seconne with tho pTosecutosa Wno were banr.
~ for years belora. He had oycrdtxWn, end
neI naa notified him that such was the lsc., and
aHe day he met nj. Roe. one Of ne pzftnst1.
'nd tod him be had baen obliged to give checr
Q ~. Jacob for Go. Ar. Roc sa1d: awe certain
1E nd CO sve yoa o. ss4s sooa M01s1 81.
= IN ~; Fos!er." NJ: Koe aa!d. "VeIy Veil"
sooat ! on tTo hours afterwards the prisone1 sent
and wiring. payable to IL own OF oider' ia % d12Mp
pon John Foslef, Marx Lane, London, fof ECO.
nd endorsed oJ him1e!f. ~ 1
A1tsr tS this ehects drawn BY the prisoner we're
luu&nL ~ md pAd .here on that day. snd !
maonggt o'ners, the check In favor Of Jacob ior
~ Ins p sen. p the psso1er on Foster
ouio % found. The prls0nef was indicted for l
6,tatnlDg !,aa she e7o paid on the Jacob checf, By
Gse eEeteI ces Il va objected that no caattei,
lnoner By means OF the fals pretences; that No
n!y obtalued snch cFedis With his bantera u TO
aaucs them to honor his chcckL He was con-
neld thai the prisoner could not IL satd 10 haze
a3m<d 9y .eedc sSn On .he btlt ~ that sres
onFlcuon Was wrou91 Tue Raxish statuto
The same ~ ours, and the principle Of WnyeuT
What WAS directly obtained from Smith 4 Mayer /
= the!r check. and that bring. me do wu to me
sooaa ploPosinoo, ": Was he money paid the
ount With h1nk, 10 that the ordinary relation
aep6stn5 f. aad oanfeI e1s;ed They 9aye tns
aelr money. Tbs relation or debtor md creditor
11tsd between them and thelr bank The bank !
sso nn9, nem TIC ns they h.d dsgo.te and
aeeks to the amount Of any unpaid balance. Fl
f. ,aep they care their check theT sastgoed oves 70
he particular bn9 patd on It were not sneir prop.
~, and naJ never have been tnetrs 80 thar it
cleaz that this Indictment cauntt oe main. /
The defendanta counsel then statad that thaf
e5n pIepaied 70 prove that he actually had tie
q tJone, whea the letter and Invoice
ny, ee..ized sed detained By revenue ofYicera
Ths stateA as..cc.aar said that was unnaoesss.
under the decision Of tie Coatt, but he would
guest The Court to ho't The pr:e2ter to bail IN.
70 wish obtaibing me check of smita Nn|2s
1t tns Gonis refased to do 40, sayioR that tic
&c os M Mdtf,culty existed a 70 tho caeok-the pns.
er d!a not obtain the CHECK. within tue mean !
o. ths stasnte, ard that no tndlct.r enu could !
framed on thsse facts which viii bring the csse q
Mn the statute Whsreupon tue Court direct.
toe !nsJ 70 return verdict Of not guilty, and F
stAleH Attorney s1id that the other luoict- Y
nj WAY found upon the same state Of facrs, and
would ask leave TO dtsniRs 1t: which wa9 4
ahted, And the Indictment dIan1saed
NEW SUIT.
rhe People e rel William ]. Bread =. Rutn1
Is, Secretary Of tho A.tesltn. Well Company. ]
Is u pefltton for Handamus To counti the | :
ntfer Of 5000 aha1e1 OF stocks, whEb.are ii. 7 q
Cd to have been transferred By shestfY = sale, q
aef . Judgment for 81, 4.B 10, In favor OF pue u
IoS Quinlau Agalnat 4. F. Csoskey and George
4
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