Page:Federal Reporter, 1st Series, Volume 1.djvu/787

 UNITED STATES V. OONNALLT. 779 �te affeeted by the amendment. In the exercise of a sound discretion they have allowed ofi&cers to amend their returns according to the real facts, after the lapse of several years, and when there is no doubt about the facts such amendments" bave been allowed after the officer's term has expired. Adams T. Robinson, 1 Pick. 461 ; Johnson v. Day, 17 Pick. 106 ; Peo- pie V. Ames, 35 N. Y. 482 ; Jackson v. 0. dt M. R. 15 Ind. 192; De4rman(iv.4(iams, 25 Ind. 455; Freeman on Execu- tions, §§ 358, 359; Herman on Executions, § 248. �I think justice requires that the amendment should be allowed in this case. ���United States r. Connallt. (Diiirict Court, D. Indiana. March 29, 1880.) �WBONGPTTIiLT WlTHHOLDING PENSION MONET — RbV. 8t. ^§ 4766 AlfD �5485 CoNSTKUED AND Keconciled.— Section 4766 of the Revised 8tat- utes, which declares that " hereafter no pension shall be paid to any per- son other than the pensioner entitled thereto," does not conflict with sec- tion 5485 oE the Revised Statutes, which declares that any person " who shall wrongfully withhold from the pensioner or claimant the whole or any part of the pension or claim allowed and due such pensioner or claimant, shall be deemed guilty of a high misdemeanor." Charge of Cotjkt — Form dp Question Pot to Jurt. — Where thore were two conflicting theories asto how defendant obtained possession of certain money, it was not outside the province of the court, in com- menting upon the testimony, to ask the jury whether one theory was not the probable and natural theory rather than the other. �This case was argued by Mr. Holstein, district attorney, for the government, and Mr. George Butler for the defendant, it being submitted to both judges by agreement, though tried in the district court, in order to take the opinion of the circuit judge, who concurred with the district judge. �DrummonD, J. The defendant was tried before the district judge, on the indictment in this case, and found guilty on the second and third counts, and not guilty on the first, and a motion is now made for a new trial and in arrest of judg- ment. ��� �