Page:Federal Reporter, 1st Series, Volume 8.djvu/426

 412 FEDEEAI, BEPOETER. �States. In these views the court coneurred with the United States attorney, and on bis motion ordered a jury to be empanelled to give a verdict in the case. Tiie court cousidered, and so said, that these defendants were entitled to a trial — to a verdict of guilty or not guilty ; that it was unjust to deny them that right because the state of Del- awax'e did not choose to prosecute these sqits in the United States courts to which they had been transferred, and they wer© not to be damnified by indifference or neglect, or delay in the state auttiorities in prosecuting suits which. they were authorized by act of congress to prosecute if they desired to do so. It was the change of tribunal and not the change of prosecuting officers which was contemplated by act of congress. Let this be as it may, however, the defendants had a right to the verdict of a jury. When the jury was empanelled the court again demanded to know if any one authorized by the state was here now to prosecute these charges against the defendants, and re- ceiving no reply the jury was empanelled and sworn in the several cases. The court then explained the circumstances of the cases, and di- rected the jury to render a verdict oi acquittai. The verdicts of acquittai were rendered accordingly, and thus were terminated the cases transferred from the state to the United States courts under sec- tion 643 of the Revised Statutes. ���United States v. Mason.* (Circuit Court, 8. D. OMo, W. D. August 23, 1881.) �1. U. S. Pension Laws — Claim Agent — Ovbrohak&ino fok Fees — Section 4785, �Bev. St., Rbpealbd— Indictsibnt undbb Section 5485. �The only provision in the title of the Revised Statutes pertaining to pensions, limiting the fee which an agent or attorney might lawfully demand and recoive for the prosecution of a pension claim, (section 4785,) having been re- pealed by the act of congress of June 20, 1878, an indictment under section 5485, for receiving a greater compensation "than is provided for in the title pertaining to pensions," cannot be maintained. �2. Same — Indictment fob Withholding Pension Monbt. �Notwithstanding the law requires all pension moneys to be paid directly to the pension er, an indictment charging the defendant with unlawfully with- holding pension money due a pensioner, held good on demurrer �U. S. V. Gonnally,! Pbd. Bbp. n9,followed and appt'oved. �On Demurrer to Indictment. �Chas. H. Blackhurn and P. S. Goodwin, for the demurrer. Channing Richards, U. S. Dist. Att'y, contra. ��� �
 * Reported by J. 0. Harper, Bsq., of the Cincinnati bar.