The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-09-16
"SWEATED COINS"
1t Is No InfractiCn of the Federal
Statute to Pass Them.
Ruling Of Commissioner Sawyer on an Inter-
esting Point-How Man Might
Make a Good Living.

John j. Brown, q rancher, who has been
soiourning for several weeks in this city,
had very serious charge hanging over his
head in the United States District Court,
but owing to a technicality he is now walk
ing the streets free man. for, according to
its construction of the law, the United
States District Attorneys office confessed 1t
had no case against him.
Not more than ten days ago information
was received by Detective Harris of the Sc
cret Service that man was canvasslng the
Mission and passing sweated $50 pieces.
The way attention was excited to the
stranger was owing to his own peculiar
actions. He went into a place on Howard
street kept by a Mrs. Greeley, and after
making small purchase offered $50 piece.
He visited five of the neighborng saloons in
succession, and making the same PROPOSE
lion was in two cases successful
SET THE NEIGHBoRs TALKING.
Gold had never before been so plentiful
among the saloons and the matter set the
neighbors talking. The case was reported
to the Federal officers aud 1t was found that
two of the $50 pieces which the stranger had
succeeded in changing were "diminished' by
about 10 cents each, or per cent of the real
value. 4 watch was set fer the man and he
was arrested in the Mission, three OF the
"sweated" gold pieces being found upon
him.
He was charged under the United States
statutes with attempting to pass COINS OF the
land which had been diminished. The case
came up before United States Commissioner
Sawyer yesterday morning and the eXamlna-
ton resulted in hat official declaring that he
could not legally hold the prisoner
J. y. Z. Wilson appeared Tor Brown and
quoted the following United States statute
under which his client had been arrested:
THE STATUTE QUOTED.
Every person who fraudulently by any art,
way or means deiaces, initiates, impairs, dim
iniSbes, fllstes, scales or lightens the gold and
silver coins which have been or may hereafter
be coined al the MINIS OF The United States, or
any foreign gold or silver coins which are by law
made current, or are in actual use and clrcula-
lion as money within The United States shall DO
be imprisoned not more than two years ana fined
not more than $1,000.
Under this statute he claimed that his
client could not be held. There is nothing
in it which prohibits person passing or
attempting to pass 'sweated' coin" He
further claimed that unless it could be
proved that Brown had 'sweated" the coin
which he passed, there is no case against
him.
Assistant District Attorney Weller adj
mited that he could not prove that Brown
had ''swtated" the coin, and Commissioner
Sawyer, after reading the statute, held that
the point was well taken and ordered
Browns discharge.
commissioner Sawyer, IN speaking oil the
case afterWard, said that the defect In the
tatute is q serious one and should be RENE
died. In all the other cases of counterfeit
and mutilated coins the sections of the
statute run not only against those who
counterfeit or mutliate, but also against
those passing or attempting to pass them,
and also against those in whose possess
sion =" such coins are found. These prOvi-
sioDs are omitted in the section relating to
sweated COINS and there is no general
provision of the statute which could be read
in connection with Section 54J9
THE COINS IN EVIDENCE.
The coins used as evidence against Brown
were submitted at the examination, and they
were such that no difference could be noticed
between them and coin fresh from Uncle
Sans Mint. The diminuti0n had been done
by means of some acid, which was weak
enough to absorb only so much of the metal
uniformly without interfering with the die
or brilliancy. None of the sWeated coins
looked bruised.
1t was calculated that man having five
$50 pieces could make a very comfortable
living without doing much work. BY 'di-
minishing' the five pieces he cOnld make
about 81, or 4 per cent of the original value.
That would give him S104 for his 500. He
could easily manage to procure another 500
in gold for his silver which he had changed,
and repeat the experiment, being 81 ahead
each time he changed 500 of his diminished
coin.
4 similar charge against Charles Farren,
who was arrested yesterday for having
passed sweated $50 gold pieces on Septem-
Der 9th, was also dismissed by Commas
sioner Sawyer yesterday for the same rea-
son as in the case mentioned.