Page:Federal Reporter, 1st Series, Volume 10.djvu/559

UNITED STATES V, BCHIN0LEB. 547 �the money. He did not do so. And, finally, when appealed to "by the representatives of the county, he positively refused to do so, for reasons stated in the answer. This is not as it should be. It is posi- tively wrong. And when there is a wrong there is usually a corre- sponding remedy. When there is a remedy, a court will not long hesitate about its application. �I have found no reported case, nor have I read or seen anything in the laws of man, nor have I read or seen or heard of anything in the laws of God, that will prevent a recovery in a case like this. Eeason, justice, equity, law, common sense, and fair dealing, all unite in demanding a restoration of this money to the plaintiff, of which it was at first wickedly and feloniously deprived, and from which it haa been long improperly and unlawf ully withheld. . �I conclude that justice has been already too long delayed, and that it must be no longer impeded or interrupted. The motion in arrest of judgment, therefore, must be overruled. Judgment for the plain- tiff on the verdict, for $1,537.10. ���United States v. Schindleb. {Circuit Court, 8. D. New York. June 11, 1880.) �1. CeIMES— 'RKTAINrNG PENSION MONET — Who LiABLE. �To be liable under section 5485 of the Revised Btatutes for the crime of wrongfully withholding from a pensioner the whole or any part of the pension allowed, it is not necessary that the defendant is t)ie regular attorney for the pension claimant, recognized as such at the pension office. If he be an agent or attorney, or any other person, it is sufflcient. �2. COMMISSIONBB OF PENSIONS— FiNDING CoNCl,081VB. �Where the oommissioner of pensions had passed upon the claim, and found claimant to be entitled to the pension, and had directed it to be paid, such flnd- ing is conclusive as to the riglits of the claimant. �3. EviDENCB — Statbmbnts of Witness — Credibilitt. �Statement of a witness, made before trial, of facts which, if true, would tend to show bias on his part in favor of thp defendant, are properly admissible in evidence as to his credibility. �4. Testimont of Partt to Record — Practice. �To exclude a party to the record as a witness for the defendant, not only must objection be made for inoompetency, but such objection must be sus- tained by the court at the trial. �5. Weight of Evidencb — Province of Jttrt. �The jury, in weighing the testimony of the defendant when he stood contra- dicted by two witncsses, may consider the circumstance of the omission to call as a witness one who, as the evidence showed, was fully able to conflrm hia testimony, if it was true, without assigning any reason for such omissicii. ��� �