Evening star., 1902-04-10
LAW 0uL SERVICE
Lucid Inter2etation by JUS
tioe EBarnard.
MUST PUNISH FRAUD
COURTS SHOULD PREVENT FALSE
REPRESENTATIONS.
Charge to Jury in Case of Harry ".
Bates-Wide Scope of
Law.
MUST PUNISH FRAUD

ue MeulDeTS I'll the CIVIL service COmmlS-
sion are much pleased at the charge to the
jury delivered by Justice Joe Barnard in
the recent trial of Harry w. Bates for al
legged fraud and forgery against the COM
| mission. The circumstances OF the case are
explained in the charge. Bates was found
guilty and sentenced to serve a year and
a day In the penitentiary
Except for certain PRAYERS granted the
counsel in the case. Justice Barnard's con-
struction of the civil service law follows in
full:
THE charge in the case No 2on7 which
Is the first in numerical order of the in
dictments which you are now trying, is the
charge under the statute of the United
States VIII. i provides that
Every person who falsely makes, al
tiers any bid proposal, public rec
ord or other writing, for the pur-
pose Of defrauding the United States I"
shall be imprisoned etc
Nature of the Charges.
THE first count of the indictment charges
that two certain paper W .tings that were
presented to the civil service commission
by this defendant were forgeries-a paper
known as a voucher signed by George Goff,
and one signed by Samuel Mathews
The second count of the indictment
charges the defendant with presenting
these false papers to the civil service bu-
reau knowing them to be forged and false.
| with a view Of deceiving the board with
respect to the matter of the application.
Now the language of the act is for the
purpose of defrauding the United States
Congress number of years ago passed
law by which they authorized the President
to adopt certain measures for the purpose
of selecting officers employees for the
civil service, and he was to ascertain their
qualifications, their age and their fitness
for the positions which they sought; and
afterward that law was amended. or added
to, by what is known as the civil service
act of 1883. by which three commissioners
were appointed to assist in this work of
ascertafning who are the most fit persons
to do the work for the government in posi-
tions designated as within the classified
service. 9;' =
Under that law. and under the regula-
tions adopted by Virtue Of the law it be-
came the duty of ehis civil service commits
sion to ascertain. m the aid of the govern
ment and for the benefit of the govern
ment. the qualifications of the various par
ties who might apply for any of such posi-
tions; and 1t seems that this defendant con-
ceived the idea ofsapplying for a position
in the bureau Of engraving and printing,
procured the necessary blanks, and, as he
has told you, filed them up mainly by his
own hand and these vouehsfs
sehted them to the eitfl service commits
sion; and on the faithspf the papers being
to 'fa.h bsas ea
cient to pass, and did obtain position on
the eligible list,l anflaoa temporary assign
ment to duty In the bureau Of engraving
and printing. Nv, s.,i,,,,r. : .. .,...
Was the Government Defrauded.
Now the government. it Is said, has not
been defrauded of any money by this
transaction at, all. Congress undertook to
provide not only the laws and rules, but an
Office and clerks to ascertain this very
thing that was undertaken to be ascer-
tanned in this case namely, the qualifica
ton of this man; and under those regula-
tions tney had a right to rely upon the
statements that he made under oath; and
had good reason to believe that the vouch-
ers that accompanied the paper, presented
in that way, were genuine. Relying upon
the statements that he was plate printer
and had been engaged In the business for
a number Of years and had done the most
difficult parts of the work, they gave him
| this rating, and he was assigned to his
| position. Now, l say If 1t is possible for
! truth to be ignored and falsehood to take
| the place Of truth In an application c. this
| kind, then the acts of Congress and civil
| service rules are set at naught, and the
government is certainly defrauded Of what
| it is entitled to have. to wit, the truth to
| enable its officers to properly serve 1t.
| manner, with impunity, then the govern
| ment is defrauded within the sense of this
| statute. as l understand 1t. 1t is said that
| the defendant did not take any money from
| the government. If he was not qualified to
| do the duties for which he said he was
| qualified in his application. and obtained a
| position that he was not qualified to fill,
| t,-e government was certainly defrauded In
not having as good a man as it might have
had and was entitled to have; and it was
| In that sense defrauded Of more useful
assistant in conducting its business. So
| that the charge of defraudipg the govern
| ment Is not, In my judgment. necessarily
| confined to the fact that money was taken
| directly from-the government by these false
papers.
Intent the Test of Fraud
NOW. If you find that either of these
papers was false and fraudulent, made up
by the defendant himself. signed and pre-
sented; and you find that the other facts
as charged in this Indictment are true. be-
yond any rCasT doubt, You can return
a verdict of gu indicted. which would
cover both coUui - count charging the
making OF the pap,:s. and the count charg-
ing the presenting of the papers.
"Of course, if you find that he did not
make the papers, or did not present them,
then you will find a verdict of not guilty.
Now, man is not criminal without he
gather the intent from what he does. A
man is presumed to intend to do the very
thing which would necessarily or natural-
ly follow from what be does. If he makes
a false paper: and BETS a body of men to
presumed to intenatthst they should be- e
iieve 1t to be true, So that You gather the
intent from what he does, more than any
thing else. He dids hot intend to get up
these papers for thRepurpose of simply put
ting In his time; he wanted to get this posi-
tion, as he has testified TO you. Did he not
intend to have these false papers pass as
genuine, and to secure that place in the
preparation of these papers, and In present
ing them to the ciTlk service commission?
You ascertain the intent as You would any
other fact, from the facts and circum-
stances testified bef6re You, and the means
made use of by hHJaccuSed.
Now, the secondT indictment, No. 12IS1,
is for perjury, in SWEARING to these false
statements before shs Rotary public, MT.
stand here in this IslfEt. II you find that
he did make that AFFIDAVIT. and that the
statements therein. were false. and were
known by him to be fafse. at the time you
would have to find verdict of guilty un-
der that Indictment
1.-THE only instruction tlat I granted Of
follows: