Evening star. [volume] (Washington, D.C.) 1854-1972, 1872-01-11
Trial for Embezzlement of Public
Money.
THE CASE OF SAMUEL Il. KEN
GUILTY.


GUILTY.
To-day in the Criminal Court. Judge Cartier:
Samuel b. Kendig, late disbursing agent of the
Patent ONCE, jail, water works, &c, charged
with the embezzlement of about S14 900 i'm De
cember, 1865, was called-Messrs. Riddle, Munck
and Payne for defence, and Fisher and Har-
ringtOn prosecuting.
The accused having plead "not guilty." a
jury was sworn, and MIR. Harrington opened the
case to the jury, reading the act Of June 1855,
under which the indictment is found, and stated
that they proposed to prove by the confession OF
The accused that he appropriated the money to
his own Use.
Mr.. Riddle read from legal authorities to show
that the law contemplated that the public
moneys should be discussed by discussing Off cey
designated ty the Secretary OF the Treasury.
He read the appointment OF the accused by o.
H. browning, late Secretary Of the Interior, and
authorizing such an appointment, and proceeded
to argue that disbursing agents and officers were
different, ard that the statute was directed to
disbuTsing officers and not to agents.
Mr.. Harrington, for the government, argued
that this officer or agent was charged with GER
tain special disbursements by 10th statutes, page
ISL, act March Sd, 1853, under such regulations
as tie President may prescribe, and the ac-
counts are to be audited as the accounts of
other civil officers are audited. He next read
from 10th statutes, 513 act August 4, 1854, to
show that the powers given in the above act to
the President were delegated to the Secretary
of the Interior. He also referred to a subsequent
act authorizing the Secretary Of the Interior to
also urged that the terms disbursing agents aud
officers were synonymous, and that an agent
must be a disbursing officer.
Judge Fisher answered Mr. Riddle by citing
that navy agents and pension agents were
charged with the disbursement OF mOreys, and
asked il it made the slightest difference what
the title Of disburser OF moneys was. Was rot
this party filling an office, and was lie not
charged with specific duties? He read from
BlatchfOrds decision in Blumgarth's case to
show that even clerks are responsible. There
was ample law to show that the Secretary of the
interior had the care. management, and uper-
vision of the Patent Office building, the Wash
ington aqueduct and the United States iail. He
suggested that the trial go on and verdict be
taken, subject to the opinion OF the court Oh the
points raised.
Mr.. Riddle objected TO this course, because on
conviction his client would be taken in custody
lie proceeded to argue that the accused was
indicted as dsbursing officer for felony, when
he was not disbursing officer, not being an Off
Ger created by law.
Judge Cartier suggested that this question was
a very important one, and one which should be
acted on by the Court i'm General Term, which
would meet on Monday. He directed the case
toproceed.
Mr.. Harrington read to the jury the appoint
ment OF the accused, dated October 18th, 1866,
and presented the accounts ending December
3lst, 1868, showing balance of S14 1903, which
were allowed in evidence, and defence excepted.
the sureties on the bond Of he accused. Two
years ago. or over, Kendig came to his Office,
seeming to be In grest trouble. Witness asked
what was the matter, and Kendig asked wit
ness II he had not heard that he (K.) was q de-
faulter, and acknowledged that he was; that his
accounts were correct with the exception of that
Tor the new jail; that party, certain per-
son, had persisteutly followed and induced
MN 70 use the money In speculation, and repre-
sented that IT would be returned In time, but it
had tailed. He further said that his wife had
and Hunt
pay II all. He stated that there was q balance ON
account Of the new jail, and he was inducAd To
draw 1t for this speculation.
The prosecution here rested.
Mr.. Riddle objected to the admission of the
accounts as evidence, and also pleaded the stat.
ute Of limitations.
Mr.. Harrington suggested that it was too late
to to the admission of the evidence.
jury that 1t must be Shown the offence was com
mitted within two years.
Judge Fisher would ask the Court to instruct
that 1t was for the defence to show the time was
without the statute OF Limitation.
Judge Cartter.-"Gentemen of the iury II
you are satisfied that the offence is proved You
will find q verdict Of guilty, and II you have
doubts you will find a verdict Of not guilty."
The Jury returned In . few minutes with Q
verdict of guilty.
Some discussion took place rs to the amount
of Marden having been commenced, the Court
ordered Kendig Into custody until tomorrow
morning, Remaining that it would probably take
until then 10 setAle the amount Of the bail.
SUDDEN DrArH.-Phnlip Craft, . German
living on eth street, between M and N north
west, fell dead at his residence last night Heart
T., 49, ~ Al