Evening star. [volume] (Washington, D.C.) 1854-1972, 1884-02-06
THE PENSION CASE 1NDICTMENrs.


THE NOTION TO oUAsH THE INDICTMENT IN THE CASE
OF THE FITZGRRALDS ovERRULED-A SIMILAR DE-,
CISIoN AS TO THE DEMURRER TO THE INDICTMENT
IN THE CASE OF GOULD P. AUSTIN.
This morning, In the Criminal Court, - Judge Wylie
delivered his opinion in the case OF the United
states agt n. W. and g. c. Fitzgerald indicted for
violating the postal laws by using the mails for an
unlawful purpose in furtherance of a scheme to
defraud, in which case, on Saturday last, motion
to quash the indictment was argued by MessrA R.
G. Ingersoll and Mr. Bush for defendants and Dis
tr1ct Attorney Worth1ngtOn for the government.
The court said that the motion to quash is differ
ent from demurrer IN some respects In this case
1t was for error apparent the(ace Of the 1ndict
ment, and In that respect 1t was similar to a de-
murrer 1t was laid down that the motion should
not be sustained unless the error Is apparent,
pecially an error in case of fraud. for that was
case OF fact. The court must assume that the gov
eminent Will prove all the fraud set out.
IHR COURTS REVIEW OF THE CASE OF MRS. LAKE.
The court then referred to the case OF Mrs Char
lotte A. Lake, the widow OF one Traver, who died
In New York in June 1866, Of consumption, reading
the averment I'm the first court and the same aver
ments more fully set out. Traver, 1t appears from
account or wounds received during the war, but
died subsequently. The case was simply this
Mrs Lake was the widow Of soldier who died of
consumption, and 1t was claimed that the soldier
himself was not entitled to pension. There was
20 provision OF law which gives soldier in perfect
health a pension merely for his service. Traver
was not entitled, and his widow made no applica-
ton. and lived in widowhood till 1869, when she
mar married Lake This claim was for arrears OF pen
could not be entitled to pension. This
being the condition of her case the Fitzgeralds
hunted her and informed her that she had better
make application, which was done. After this
they wrote to her for money, saying the case is in
a fair way for settlement" using this vague Ian
that they paid special attention to cases when the
lees were paid 1t was utterly void claim, got
zen up 1or the mere pretext of getting money from
&c nprfli naD ~ u
charges II the indictment be true this was
scheme, continuance to procure money from the
not now question. Such being the fact the next
question is
WHETHER IT is VALID INDICTMENT
under section $780, Revised Statutes c. s., which
provides penalty for any one who attempts to use
the mails for the purpose OF perpetrat1ng fraud.
The question was whether the United States
to defraud itself when 1t mad the power to prevent
It's use by one man to defraud another. 1t had the
power 10 declare what should be carried in the
mails. He held this to be an offense against the
United States, and there was full power under the
statute to punish it. He then discussed the Ques-
ton
WHETHER THIS WAS. AN ATTEMPT TO DEFRAUD
Common law did not punish lying but If there
were false tokens used it was punishable. He re-
ferred to the statutes of Henry VIII and George III
as to false pretenses, giving definition OF the
term. What amounts to false pretenses must be
case In 1893, in which the precise line
OF what constituted false pretences was left to a
jury. He read from East's Second Pleas OF the
crown, commencing at page 827, remarking that
modern DOCKS do not seem to have gone fully into
this subject. He thought that the reasons were
Sumclent 1or him for overruling the motion.
THE CASE OF GoGLD P. AUSTIN.
The case OF Gould P. Austin. under similar in
dictment, in which demurrer was filed, was taken
up. The court said it WAS different from that OF
the Fitzgeralds for the widow claimant had valid
claim OF some $1,000, and the representations of
Austin, who had been clerk in the Office. were that
the allowance OF the claim would be made when he
made his report He falsely represented that he
was Clerk and, although he asked for particular
sum but left 1t TO the widow, it was scheme false
one, and his story was calculated to deceive the
woman, who doubtless would have sent him fee
If the scheme had been efectually carried out. On
the face OF the indictment he concluded that these
were ofenses. He had very thoroughly examined
the laws on the subject, and he would override the
demurrer.
AN EXCEPTION TO THE RULING IN THE CASE OF THE
FIrZGERAiDS.
MI. Bush, for the Fitzgarads, noted an exception
to the rulings OF the court.
District Attorney WOrthingtOn asked that the
defendants be arragned on Saturday, and the court
directed that he give them notice.