| Edition:
|
United States v. Smith (124 U.S. 525), for the unlawful conversion to his own use of public money, an offense designated in the Revised Statutes as embezzlement of such money The indictment contains 75 counts, each charging the defendant with a separate act of embezzlement The counts were all in the same form, and the objections to one are equally applicable to the whole of them The first one is as follows: 'The jurors of the United States of America, within and for the district and circuit aforesaid, on their oath present that Douglas Smith, late of the city and county of New York, in the district and circuit aforesaid, heretofore, to-wit, on the eleventh day of October, in the year of our Lord 1883, at the Southern district of New York, and within the jurisdiction of this court, he, the said Douglas Smith, being then and there a person charged by an act of congress with the safe-keeping of the public moneys, to-wit, a clerk in the office of the collector of customs for the collection district of the city of New York, appointed by the collector of customs, with the approbation of the secretary of the treasury, and having then and there in his custody a large sum of pub ic money, to-wit, the sum of ten and 50-100 dollars, did unlawfully fail to keep the same, but the same did unlawfully convert to his own use, against the peace of the United States and their dignity, and contrary to the statute of the United States in such cases made and provided' .
|
