Page:Federal Reporter, 1st Series, Volume 1.djvu/57

 united states «. gogqin. 49 �Thë United States of America v, Goggin. �(Circuit Court, E. D. Wisconsin. January 5, 1880.) �Indictment — Fraud, how Alleqed. — An indictment charging fraud should aver the fraiid witU sufRcient particularity to enable the de- fendant to prepare lils defence, and plead the judgment as a bar to a subsequent prosecution. �O. W. Hazelton, U. S. Dist. Atfy, for the United States. �JenJcins, Elliott d Winkler, for defendant. �DïEB, J. This is an indictment for presenting for pay- aient to the pension agent in Milwaukee a false and fraudu- lent claim for pension rnoneys. The defendant was tried and convicted at the last term of the court, and the case is again up for consideration upon a motion in arrest of judgment. �It is not without relvictance that I have corne to the con- clusion with reference to the disposition of the motion which I am constrained to announce, since the evidence adduced on the trial tended strongly to show the perpetration of a grosa fraud upon the government ; but it is the duty of the court te administer the law according to its best understanding, re- gardless of consequences. �The defendant was indicted under section 5438, Eevised Statutes, which provides that every person who presents for payment to or by any person or officer in the civil service of the United States any claim upon or against the government, or any department thereof, knowing such claim to be false, fictitious or f.audulent, shall be punished as the statute directs. The offence may in one view be regarded as a felony, and in anothev view as a misdemeanor, since the statute de- clares with reference to the punishment that the person oflfeuding shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than $1,000 nor more than $5,000. �The indictment contains three connts, but as they are equivalent in form reference to one will be sufficient. The first count charges that on the fourth day of December, 1877, the defendant did present and cause to be presentad for pay- �v.l,no.3 — 4 ��� �