Humes v. United States (170 U.S. 210)

There are eleven assignments of error The first part of the eighth and eleventh assignments relate to a failure on the part of the court to give certain instructions. The record does not show that there was a request for such instructions. The second, fourth, fifth, sixth, seventh, part of the eighth, ninth, and tenth assignments relate to alleged error in the instructions given by the court. No exception is shown by the record to have been taken. The twelfth and thirteenth assignments of error are based upon the alleged fact that the verdict was against the weight of evidence. The third assignment of error is based upon the refusal of the court to give an instruction which was requested.

The statement of the record is: 'The defendant asked the following special instruction, which was refused: 'Unless you find from the evidence that the defendant was the attorney, agent, or other person engaged in prosecuting the pension claims of Anderson, Haynes, and Bloodson, the court instructs you to find for the defendant.' 'I think I have given this instruction in the general charge, and, believing the charge on this point is sufficient full, further instruction is declined. Clark, J.' To which action and ruling of the court in so refusing to give said special instructions the defendant then and there excepted.' J. M. Greer, for plaintiff in error.

Asst. Atty. Gen. Boyd, for the United States.

Mr. Justice McKENNA, after stating the case, delivered the opinion of the court.