The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1875-10-07
THE COURTS.
A New Trial on the Mank
Counterfeiting Case.
AN ITALIAN MURDER,

In June, 1875 william g. Mank, exclusion House
Inspector was convicted in the United States Circuit
Court under section 43l United States Revised Stat
utes for having in possession, with intent to sell,
81, 500 in counterfeit money.
On the trial the government proved that Secret
Service detective made the acquaintance Of Mank by
saying that he was friend OF Thomas Congdon, who
was awaiting trial for counterfeiting He agreed 20
purchase 81, 500 in bogus money from Mank who had
received it from Congdon The detective testified that
he agreed with Mank destroy the money for which
he gave Mank 5000. Counsel for Mank ex-Judge Dit
tenhoefer requested Judge Benedict charge that
the intent to deraud necessary and essential in
gredient under the statute OF the crime If the jury
believed there to defraud they must &C.
quit
Judge Benedict declined TO do So and the jury found
verdict OF guilty Counsel for defendant then moved
for new trial, and submitted the following
why II should be granted:-That the evidence estab-
lshed that Mank sold for 5000 the counterfeit money
in question to Porter the detective then supposed by
him to be interested for the benefit Thomas Congdon,
countcrfeer for the purpose OF having it destroyed
and that Porter promised the defendant destroy il
TO see that II destroyed; tlRt such possession
was not offence under the law; that keeping in
possession counterfeit money is no offence under sec
ton 431, r. s., unless it be kept with intent to de-
fraud by passing publishing, uttering or selling that
the defendants Imprisonment if the conviction is sus
years, viii DC DaSeu On inc
dubious parsing of the language Of the statute which
parsing will be final against the defendant, with
out appeal review; that the Court cannot
sustain the conviction unless prepared to say that
il is certain beyond doubt that the statute is prop
ery susceptible only of the construction given to
1t by the government and is not susceptible of the
struction given by the defendant Under the govern
montal construction the question of intent does not
enter into the at all Under the other construc-
ton is the question of the intent of the prisoner that
becomes the important and vital consideration-the
intent Of the prisoner not the intent the opportunity
for fraud of the person to whom the prisoner may have
sold delivered the counterfeit money destruction
If the sintent to defraud" is defendant claims,
necessary and essential ingredient 1t is submitted that
the Inference and presumption Of ''intent to de-
fraud" arising from the possession of this quantity
OF counterfeit money was negatved and entirely
overthrow by the evidence of the prosecution unless
il be held that the selling of counterfeit money for
consideration, but for the purpose of and with the
intent that IL be destroyed, is selling with 'inent to
defraud" 1t cannot be so held for not only Is nobody
injured defrauded by the destruction of the
tereit money but the possibility OF any being
defrauded by 1t is forever done away Only by its cir
culaton and not by its destruction, the mischief
which it is possible for counterfeit money effect be
accomplishedto w.t. the depreciation of the currency
and cheating the public &c Yesterday Judge Benedict
rendered decision granting the motion for trial.
ON the ground that he had doubt about his action in
excluding from the jury the question of intent.