The Savannah morning news., 1902-02-25

charging overt acts and counts charg-
ing conspiracy are all to be construed
together. 1t is not true in my judg-
ment in an indictment of this charac-
ter, as contended by the counsel for
the accused that each count must be
treated as a complete and separate in
dictment in itself. On the contrary,
If counts which considered separately
would not be regarded as complete are
perfected by apt references therein set
forth to averments in another or in
other counts, so that there is intelli-
gible and definite information conveyed
to the accused of the accusation
against him, the constitutional require
ment as to an indictment is met"
The Two Defective Counts.
After discussing at length the other
counts of the indictment UP to the
ninth and reaching the conclusion,
abundantly fortified by reason and au-
thority that these counts are all suffi-
cient in law, Judge Speer comes to his
discussion of the ninth and tenth
counts. OF these Judge Speer mas this
to say:
THE ninth and tenth counts present
separate charges. They are framed
under Section 543S r. S. In the ninth,
the accused who are the same parties
defendant hereinbefore named, are in
dicted for conspiracy to defraud the
government of the United States by OBJ
tanning the allowance" and payment
by the United States through Oberlin
M. Carter, engineer officer, of a certain
fraudulent claim which said fraudulent
claim was then and there a claim for
labor and materials said to have been
furnished by the Atlantic Contracting
(Nfar1a .1av.
on the Sth day of October, 1896, for the
improvement of Cumberland Sound.
This amounted to $25.447.95. The overt
act charges the presentation of such
claims. The tenth contains the same
charges with relation to a fraudulent
claim for the sum of $3.50, ,749 80 for work,
labor and supplies claimed to have been
furnished to the United States by the
Atlantic Contracting Company for
work at the Savannah harbor during
the months of December 1896 January.
1898. February, 1897, March, 1897, April,
1897. May, 1897, June. 1897, and the overt
act charged is that this claim was pre-
sented to Carter in furtherance of and
in accordance with said conspiracy. To
both of these counts the defendants de-
mur upon the ground that the fraudu-
lent character of the claim is not suf-
ficientlv set forth. These counts are
framed under a different statute from
that we have been discussing. They do
not charge that Carter as engineer Of
ficer had any authority TO approve or
allow the payment OF such claims. This
has been held essential to an indict-
ment framed under this statue.
1T Is not charged in either court,
save inferentiaily. that the fraudulent
claims referred TO have any relation to
the conspiracy hereinbefore discussed
The courts fail TO disclose the means
or details by which the consplracles
charged were 90 be made effective and
no ayerment n made which will mfii-
ciently apprise the accused OF any facts
In view Of which the claims In question
are denounced as fraudulent
In View 0f these meager and defec-
tive rccitals and of the well settled
right ~ the accused 20 bt fairly In
formed ~ che nature of the accusation
against them. these counts are not re-
Eardod as sufficient 81 b. true that The
charge ~ conFplrary De- made in the
Language ~ abe statute. and the claims
prerfnfed bY fhH accused ere de-
nouncr1 nn fraudulent. but thf lmpnr.
iant expressions Ia the statute such