National Republican., 1883-08-16
Legal MATTERs.

T're Alleged Pension Fraud Case Settled
by DIsohargIng tho Prisoners--O other
items.
Commissioner Bundy yesterday rendered
his decision in the case of Alpha B. Bvall
charged with taking an excessive fee for
procuring pension for Mrs. Christina
Bremen. The case has been on hearing for
several days. and the testimony being all in, tho
case closed ON Tuesday. In rendering de-
cision in tho case Mr.. Bundy said: 81 have
looked at this case in tho light OF tho evil
donco in two different views, aud have como
to tho same conclusion in both, to wit; that
no olicnso has been proven against this de-
fendant The statute Furnishes tho wrongful
Withholding of a pension or anypart thereof
from the ponsionor by any person iustru-
mental i'll prosecuting tho same. Iho
defendant was, according to the evidence,
in part instrumental in prosecuting
this pension; Mt least, he had an active agency
in procuring the same, although he bore
subordinate part, thus falling into the cate.
CORY of persons intcrdicted by this act, and
tho inquiry arises, did he, according to the
evidence, wrongfully withhold Mrs. Bromer's
pension or any part thereof The uncontra-
dicted evidence is that on the fourteenth of
August, 1850, the defendant, with others,
went with the .ponsioner to the Central Ma
tional bank, whore, she having her pension
check, the same WAS properly indorsed, wit
nessed &C., when it was paid by the bank, the
pensoncr taking Si00 of the currency, and de-
posting the remainder to her credit in the
bank. Tho defendant received no part of the
800 so taken by Mrs. Bremen. Four days
thereafter, to wit, Aug. IL, check was
presented ut tho same bank, and paid for
$75S.13 which it is supposed-not clearly
proven-rcprescnt the sum paid TO tho
defendant. Let us look ut those facts,
and see If upon the theory that the defend
ant received $500 or more from the proceeds
Of that check on the eighteenth of August,
IL 50, and retained the same until this prose-
cution was instituted he was guilty of tho
offence described in this section OF the statute.
In other words, was the money drawn on that
check any part of the pension? | think not.
There comes a time to every pensioner when
the pension money passes from under tho
protection OF this statute, which ls intended
to make suro that all of the pension money
shall reach the hands of the pcnsioner and
pass fully into his or her possession or donlin-
| ion. When, or at what point Of time does the
statute cease TO operate rs q protection of the
pcnsioner? The penSiOner may buy lands
| with the pension money, or no may buy
| bonds with it. Now, while it would be wrong
for any one to cheat the pensioner ont of
either the land or the bonds so bought,
[ think no one would claim that such wrong
full act was violation of this statute, and
| this illustration serves to show that there
| is time when the pensioners money
passes from the protection of the statute and
| becomes subject to the general laws which
are made to protect pensioners in common
with other citizens from spolation When
| does this change happen? | am convinced
| that it is not far wrong to say that it happens
| whenever tho pension money is converted
| without fraud or deceit into other forms OF
property or credit. Now what Is the effect
of the transaction known us depositing money
| in a bank? | know how common it is to speak
| of such and such a one AS having thousand
| dollars in bank. But no lawyer need be told
| that this form of expression is not literally
! true, for when the money is so deposited the
| legal effect is that il passes into the general
funds of the bank, and the depositor has only
n credit in that bank for the sum 50 deposited
| He has no right to reclaim the particular
bills or coin so deposted for the property
| has passed to the bank, and has so changed
that it can no longer be identified as the pen
sion or any part thereof"
| In concluding the commissioner said: "Thc
| other view of this case rests upon the salts
factory evidence that the defendant did really
and truly receive the money as a loan and
gave his note payable on demand, and that ht
paid the note satisfactory to the pensoner a'
soon as the demand was made. The proc
upon this point, particularly as to the fact
and circumstances of the making of the note
and its delivery to the pensioner shortly afte
the pension was received, is full, clear, ant
convincing. 1t is evident that IL these fact
had come to the knowledge of the pension
authorities before this prosecution was begun
it would not have been instituted at all AM
now, when the explanations are made, tn
duty of tho magistrate is alike plaii
and agreeable to discharge tn
defendant from custody and it is SO ordered
The case of Mr.. Il. j. Beall, charged with th
same oflensc, was called, and MIR. Taggar
said that in the light of the evidence, OK
plantations, and decision of the case, he dit
not see that there was anything to do but
dismiss the case. He was glad to do this, TO
he felt justified in saying that there was no
particle of evidence as to Mr.. Beall's guilt
Commissioner Bundy said he united in tn
views expressed by Mr.. Taggart and dismisse
the case, saying he was glad that it ha
reached so satisfactory an ending.
Birney d Birnoy, as attorneys for Samue
Il. Arnold, yesterday entered suit agains
f Charles Schroth and Frank Schroth, claimin
5000 damages. Tho bill sets forth that tn
defendants conduct q business under tn
: name of c. Schroth & Son. that on the siN
tcenth of July their wagon, attached to
horse and driven by their servant, droy
over the plaintiff and injured him. Th
accident, states the plaintiff, is due to th
negligence of the servant of c. q. Schroth
J Son, and that by said injury the plaintiff wa
put to much expense and trouble.
An oxemplifed copy of the will of the LAT
Gov Edwin ID. Morgan, of New York, wit
} codicil attached, was filed with the registe
, yesterday. After the payment of all propt
debts he leaves to his family the bulk of h
. personal and real estate while bequests
/; money are made to certain societies of whic
the decedent was q member.
julius j. Atchison, by his attorney, II. I
Lambert, yesterday entered suit against Viii
lam Muirhead for an injunction.
} WHEN opiates fail, then try Sama'itd
NerUine It's certain cure for all nervol