Page:Federal Reporter, 1st Series, Volume 3.djvu/500

 UNITBD STATES ». COGGIN. i 493 �payable at the pension office in MOwaukee. H© pressa ted this certificate to the pension agent at Milwaukee, at a time within that limited by the statute of limitations, prior to the finding of the bill of indictment», and obtained money from the United States. It is alleged in the indictment that the grounds upon which the application was sustained before the coihmissioner of pensions, and his name entered upon the list of pensioners, and the certificate issued, wer.e ail false, fictitious, and fraudulent; that, in point of fact, he was not injured at ail at the battle of Corinth in any way, and so consequently was not entitled to a pension from the United States ; and the claim made on the pension agency in Mil- waukee for a pension, and for money which he reoeived, was a false elaim, and therefore he has committed the offence described in the 5438th section of the Eevised Statutes. And the questions are whether the offence is sufficiently described in the indictment; and whether the çffence described .in this section is withia the offence, or is the Banie, as the offeiice described in the indictment. This spction was takeiiirom the act of the second of March, 1863, found in thetwelftih volume of the Statutes at Larg«, 696. That describeSjthe oiïence as foUows: "That any person in the land or naval forces 6f the United States, or in the militia in adtual service of the United States, in time of war, who shall make, or. cause; tO be made, or present, or cause to be presented, for.payment or approval, to or by any persoa or officer in the civil or military service of the United States, any claim upon or against the government of the United States, or any department or officer thereof, knowing such claim to be false, fictitious, or fraudu- lent, " should be deemed guilty of a criminal offence, and sub- ject to punishment. This was confined, of course, to persons in the land or naval forces of the United States, or in the militia in actual service. That is in the first clause of the first section of the act of 1863. Then the third section speaks of persons who are not in the military or naval forces of the United States, nor in the militia, nor actually employed in the service of the United States, who shall do or commit any of the acts prohibited by any of the foregoing provisions of ����