Daily national Republican. (Washington City [D.C.]) 1870-1872, 1872-02-12

The aeusraI Tsrm Cessldsr The hses,Isn
Tag Onlcer. THafHs
3. B. Kendlg was convicted at the Doosn.
ber term Of the Criminal Court OF the crime
Of embarrassment the Indictment being
founded on the second section OF the act Of
June IL, 1888.
Ksndig. yeoman, on the thirty-arst day Of
December, In the year Of our Lord one
thousand eight hundred and alxty-elaht with
force aud arms. he, the said Samuel 8. Ken.
dIx, then and there being Disturbing officer
OF the United States Of America, 10 wits a
dlsburslng agent for the Patent Once build.
Ing, tho Washington aqneducL the Capitol
extension and the new dome, The library ex.
tension aud ths new jail, unlawfully aud
ielouiously did convert to hig own use Ger.
tain portion Of the public money Of the United
States intrustcd TO him as such disburslng
officer az Aforesaid 70 wits the sun Of four
teen Thousand seven hundred and ninety three
dollars and eight cents Lawful money Of the
United States OF American; and 40 the jurors
aforesaid, on their oath or Affirmation, re-
spectlvely Aforesaid, do say that the sald
Samuel B. kondig, 10 manner aud form afore-
said, aud by reason Of the Promises, was and
IL guilty Of cmbezzlement aud felony against
the form OF the statute In such case made and
provided and against the peace and Govern
The Jury found the accused guilty, Lud
ar. Riddle dled tho following motion
IN ARREST or JUDGMENT
United States Va. &. B. Kondig. Aud n ow
after verdict, and before Judgment, comes the
defendant aud moves the court TO arrest the
Judgment In this case for tue reason that the
Indictment charges no CT me or offence
known to the statutes Of the United States
aud no therefore praYs that Judgment be ar
rested. A. q. RIDDLE, for Defendant
Tue motion was oyerruled, and judgment
given gu the verdict, and defend ant appealed
and that appeal was heard on Saturday Last
by all the Justices sitting " bdgc. Mr.. Riddle
and Mr.. Heukle appeared for the appellant,
and Judge Fisher aud Mr.. Harrington for
The United States.
Sir, Riddle argued that the words 'dls-
burslny officer" and "dlsbursiug agent" were
distinct In meaning, add especially distinct
within tue meaning Of this act.
points. The words officer" aud agent"
are convertible and synonymous; both terms
being applied TO persons whose duty II Is TO
dlsburse money, whether the person IL charged
with the disbursement Of money by an act OF
Congress or the authority Of the head Of a
department. BY the act Of Congress making
appropriations for the extension Of the Cap
ltOl Il Is provided that all appropriations
made or to be made for that object shall be
dlsbursed under such regulations as the Pres
ident may prescribe, the accounts 10 be au-
dited as the accounts Of other civil officers
charged with disbursements, the dlsburslng
agent to report &c. August 4, 1851, an act
was passed providing that all appropriations
hereafter m ide for repairs or improvements
Of tho public buildings, &C., 10 this District
are to be expended under the direction Of the
| Secretary OF the Interior. BY the act oil
July, 1865 the Secretary OF the Interior was
authorized 10 select q suitable place for and
construct o jail. II Ia not error In the court
10 refuse 10 charge rs requested, provided
the charge embraces, substantially, the
prayer offer cd.
Mr.. Henkle submitted some new views o
the case, aud was replied TO by Judge FISHER