work, who has not made reasonable effort to secure employ-
ment, or who has refused to labor at reasonable prices, and is
34 THE LAW OP CRIME.
found begging or without any settled home.
Vagrancy is sub-
ject to a fine not exceeding fifty dollars and hard labor in the
jail until the fine is paid, at the rate of seventy-five cents a day.
A tramp is a male person, not blind, who is found begging and
asking subsistence or charity outside the county in which he
usually lives. If a tramp enter a dwelling-house or yard with-
out the permission of the owner or occupant, or is found carry-
ing any fire-arms or dangerous weapon, or does or threatens
any injury to the person or property of another, he shall be
imprisoned in the penitentiary for from one to three years.
Offenses Againsl Chastity and Morality.
SEE definition. Punishment in Ohio is one to seven years
in the penitentiary. The statute does not apply to any
person whose husband or wife has been absent continu-
ally for five successive years next preceding such mar-
riage without being known to such person to be living within
that time. Open and mutual consent to a present marriage, and
subsequent cohabiting as man and wife, constitutes a legal mar-
riage in this State and most others, and persons married in this
way, or by a person who had no authority to solemnize mar-
riages, if they afterward cohabited as man and wife, have been
convicted of bigamy for a second marriage while the first hus-
band or wife was living.
"Persons nearer of kin by consanguinity or affinity than
cousins, having knowledge of their relationship, who commit
adultery or fornication together, shall be imprisoned in the peni-
tentiary not more than ten years nor less than one year." O.
Rev. Stat., 70 ig.
Consanguinity means relationship by blood; affinity means
relationship by marriage.
I'jiiissio Seminis is an essential ingredient in the crime of
incest. The relation of stepfather and stepdaughter is within
the statute ; but this relationship is presumed to cease after the
termination of the marriage relation of the stepfather and the
stepdaughter's mother. In other words, cohabitation of a step-
36 THE LAW OF CRIME.
father with his stepdaughter would not be incest if her mother
was either dead or divorced from her stepfather.
"A male person over seventeen years of age who has carnal
knowledge of an insane woman, not his wife, knowing her to
be insane, shall be imprisoned in the penitentiary not more
than ten nor less than three years." O. Rev. Stat., 7021.
ADULTERY AND FORNICATION.
"Whoever cohabits with another in a state of adultery or
fornication, shall be fined not more than two hundred dollars,
and imprisoned not more than three months." O. Rev. Stat.,
It is not necessary that a woman with whom a man lives
and cohabits should be a married woman in order to render
him guilty of deserting his wife and living in a state of adultery
with her. He is guilty of adultery, and she, being unmarried,
Seduction under promise of marriage is punished by impris-
onment in the penitentiary not more than three years, or in the
county jail not more than six months.
The male must be over eighteen and the female under
eighteen years of age, and she must be of good repute for
The defendant can not be allowed to prove specific acts of
illicit intercourse by the prosecutrix with other persons ; he can
only attack her character by proof of her general reputation.
The defendant is allowed to give in evidence previous acts of
carnal intercourse by the prosecutrix with himself, not for the
purpose of impeaching her character for chastity, but to show
that the criminal act charged was not committed under a prom-
ise of marriage.
A house of ill-fame is made a public nuisance by statute in
OBSCENE LITERATURE. 37
Whoever sells or gives away, or has in his possession any
obscene, lewd, or indecent, or lascivious book, picture, model,
etc., or instrument or medicine for procuring abortion or pre-
venting conception ; or advertises the same for sale ; or writes
or prints, etc., or gives information where they can be obtained,
shall be fined not more than one thousand dollars, nor less than
fifty dollars, or imprisoned not more than one year, or both.
Sending any such literature by mail or carrying or convey-
ing it, knowing its character, is punished the same as above.
Advertising secret drugs for the use of females, or caution-
ing females against their use when in a state of pregnancy, or
publishing an account of any drug, or instrument for preventing
conception or procuring *abortion or miscarriage is punished as
This crime is punished by from one to five years in the
penitentiary. Any one who assists in any surgical demonstra-
tion or anatomical dissection of any corpse so stolen, knowing
it to be so obtained, shall be fined from one hundred to one
thousand dollars, or imprisoned from six months to one year,
Offenses Against the Right of Suffrage.
OFFERING or receiving bribes for votes at any election
held under the laws of the State relating to primary
elections, is punished by a fine of from fifty to two
hundred dollars, or imprisonment for from one to six
Bribing, intimidating or corrupting any elector at a public
election authorized by the laws of the*State, by giving or offer-
ing anything, or threatening any force to influence his vote, is
punished by a fine of not over five hundred dollars, and impris-
onment not over six months; and if it is a candidate and he
was elected at such election, he may upon conviction be re-
moved from the office by the court.
Voting, not being a resident of the State, or voting more
than once at the same election, is punished by from one to five
years in the penitentiary.
Voting, not being a resident of the county thirty days, is
punished by imprisonment in the penitentiary from one to
Voting, not being a resident of the voting precinct twenty
days, is punished by a fine and imprisonment in this and nearly
all the States.
Procuring another to cast an illegal vote, knowing he has
no right to cast it, is punished by a fine of from one to five
hundred dollars, and imprisonment for from one to six months.
But if a person brings another into another county for the
purpose of casting his vote there, knowing he is not qualified
ILLEGAL VOTING. 39
to vote in such county, the crime is a felony, and is punished
by from one to five years in the penitentiary.
Deceiving an elector who can not read, as to his ticket, is
punished by from one to three years in the penitentiary.
A judge of an election is not allowed, after the counting of
the ballots has commenced, to postpone, or adjourn to another
place, or remove the ballot box from the place of voting or
from the custody or presence of all the judges of election, under
a penalty of one hundred to one thousand dollars fine, and ten
Judges of election who knowingly count any fraudulent
vote, if the same can be designated, along with the legal votes,
get from one to three years in the penitentiary.
Marking ballots to ascertain how any person votes, is pun
ished by a fine not over fifty dollars, and not over ten days im-
Frauds and Forgery.
THE list of frauds punished by statute in this and other
States is so large that it is impossible to go into details
regarding each one. Some are felonies and some mis-
demeanors. We enumerate the most important and
give the grade of crimes.
Selling by false weights is a misdemeanor punished by fifty
dollars fine, or thirty days, or both. (For sake of brevity we
give the outside limit of fines and imprisonment, the judge
having the power to reduce the amount at his pleasure, unless
a minimum limit is given.)
Making or using false gas meters, five hundred dollars, or
thirty days, or both.
Taking illegal toll at a mill, twenty dollars and liable for
Selling article having forged stamp, one hundred dollars.
Making out a?id presc?iting false claims to public officers, if
the claim is for thirty-five dollars or more, from one to ten
years in the penitentiary; if less than that sum, two hundred
dollars, or thirty days, or both.
Obtaining property or signature by false pretense, if value
of property or mercantile paper to which signature is obtained
is thirty-five dollars or over, one to three years in the peniten-
tiary; if less than that sum, ten to one hundred dollars fine, or
ten to sixty days, or both.
This subject of false pretense is one of the most important
in the list of crimes. It is one perhaps more frequently prac-
FALSE PRETENSES. 4 1
ticed than any other larcenous crime except larceny itself. A
false pretense, within the meaning of the statute, and also at
common law, must relate to a past event or an existing fact.
Any representation or assurance in relation to a future trans-
action is not included. There are three necessary elements
which an indictment must clearly state and charge in order to
hold one accused of obtaining property by false pretenses: i.
The making of some false pretense. 2. The obtaining thereby
from another person some item of money, goods, merchandise
or effects. 3. That the same was obtained with intent to
cheat or defraud the person from whom so obtained. If the
offense consists in obtaining the signature of a person to a note
or other evidence of indebtedness, the amount of the note and
not its value will determine the grade of the offense. For in-
stance, if A, by false pretense, procure the signature of B, who
is notoriously insolvent, to a promissory note, the crime would
be complete, although the note be worthless. The crime
would be a felony in Ohio if the amount of the note were
thirty-five dollars or more ; if less than that, misdemeanor.
A contract for the loan of money, induced by false pretenses
of the borrower, falls within the statute.
A partner who is guilty of fraud in the affairs of the part-
nership, is fined five hundred dollars, or imprisoned six
months, or both, and is liable to the party injured to the ex-
tent of his damage.
Selling or conveying land without a title, with intent to de-
fraud, is punished by from one to seven years in the peniten-
Making fradulcnt transfers of property to defeat creditors,
twenty to five hundred dollars fine, or ten days, or both.
Executing and deliveri?ig false and fraudulent bills of
lading, receipts, schedules, etc., one to four years in the peni-
42 THE LAW OF CRIME.
Executing and delivering false and fictitious warehouse re-
ceipts, one to three years in the penitentiary.
(See definition.) The Ohio statute on the subject of forgery
is exhaustive and too lengthy to be given here in full. The
words used to cover the ground of "forging" are, "whoever
falsely makes, alters, forges, counterfeits, prints or photo-
graphs." The instruments subject to this crime are, "any
record, or other authentic matter, of a public nature, or any
license or certificate authorized by the laws of this State, or
any charter, letters patent, deed, lease, writing, obligatory,
will, testament, annuity, bond, covenant, bank-bill or note,
check, bill of exchange, contract or promissory note, or any
acceptance of a bill of exchange, or the number or principal
sum of any accountable receipt for any note, or any order,
warrant or request for the payment of money, or the delivery
of goods or chattels, or any acquittance or receipt for money
or goods, or any release of any debt, account, action, suit, de-
mand, or any plat of land, or transfer of money, stock or other
property, or any letter of attorney, or power to receive money,
or to receive and transfer stock or annuities, or to lease or con-
vey real or personal property of any kind, or any bill or war-
rant drawn by any auditor for the payment of money at any
public treasury," etc. It must be "with intent to defraud."
The statute includes the uttering or publishing of any such
false or forged matter, and makes the crime forgery, punish-
able by from one to twenty years in the penitentiary.
Cutting out the words "one dollar" from a bank note and
artfully substituting blank paper, on which is afterward writ-
ten "ten dollars," and substituting "ten" for "one" in the mar-
gin, with intent to defraud, is forgery under the Ohio statute.
An endorsement of a promissory note is the subject of forg-
ery in Ohio and perhaps in all the States.
Notes are sometimes signed in blank and marginal figures
entered to indicate the amount for which the note is to be filled
up. Where the person entrusted with filling up and negotiat-
ing the note changes the marginal figures and fills the note up
for a larger amount than was intended by the maker, it is no
forgery of the note.
A forged instrument was in the following form: "Wen.
19th. Mr. Davis: Pleas let the boy have $6.00 dolers for me.
B. W. Earl." This instrument is held to be prima facia an
order for the payment of money and therefore within the stat-
ute. Jones wanted to defraud Brown and procured Smith, an
innocent party, to sign Brown's name to a promissory note, by
falsely representing to Smith that Brown had authorized him
to do so. Held, that Jones was guilty of forgery.
A forged paper read as follows: "Mr. Westphal, pleas let
me have the loan of twenty dolers till Saturday nite. Frank
Hall." Held, that this is not an order or request for the pay-
ment of money within the meaning of the statute. The young
negro who perpetrated this clever swindle got sixty days in the
Cincinnati Work House and $100 fine for obtaining money
under false pretenses, the full extent of the law.
An indictment charged a person with forging a transfer of
a bill of exchange, which had not been endorsed by the payee,
by falsely endorsing thereon a stranger's name. The indict-
ment is bad, because if the endorsement were genuine it could
not operate as a transfer of the bill. This follows from the
rule of law which states that the forged instrument must be
such that, if genuine, either of itself or in connection with the
extrinsic facts averred, it would be valid to defraud or preju-
dice the rights of the party thus named.
The forged instrument should always be produced at the
trial, if possible, but if it has been lost, the prosecutor may
show the fact, and then he may produce secondary evidence of
the forged instrument.
44 THE LAW OF CRIME.
Using the facsimile signature of the Governor of the State
to any paper purporting to be a public document, with intent
to defraud, is made forgery by special statute. Forging or al-
tering railroad or toll-bridge tickets, or having such in posses-
sion, with intent to defraud, is punished by not more than five
hundred dollars fine, or six months' imprisonment, or both.
Altering and defacing public documents, or abstracting or
concealing the same, is punished by a fine not exceeding three
hundred dollars, or not more than three months imprisonment,
Forging a brand, stamp or trade-mark usually affixed by any
person to his goods, wares, merchandise, etc., with intent to
palm off any goods, etc., to which such forged copy or likeness
is affixed as the goods, etc., of such person, is punished by a
fine of not more than five hundred dollars, or imprisonment
not more than twelve months, or both.
Nearly all the States have laws providing for the punish-
ment of counterfeiting, but few cases come under the State
courts in late years, as all the money of the country, gold, silver
and paper, is issued under the direction and supervision of the
United States Government, and infractions of the United States
law against counterfeiting are always brought in the United
States courts. For this reason we will give the United States
law on the subject of counterfeiting. It is comprised in three
sections, one relating to counterfeiting national bank notes, one
to gold and silver coin, and one to the minor coins.
National Bank Notes. "Every person who falsely makes,
forges, or counterfeits, or causes or procures to be made, forged,
or counterfeited, or willingly aids or assists in falsely making,
forging, or counterfeiting, any note in imitation of, or purport-
ing to be in imitation of, the circulating notes issued by any
banking association now or hereafter authorized and acting
under the laws of the United States; or who passes, utters, or
publishes, or attempts to pass, utter, or publish, any false,
forged, or counterfeited note, purporting to be issued by any
such association doing a banking business, knowing the same
to be falsely made, forged, or counterfeited, or who falsely alters,
or causes or procures to be falsely altered, or willingly aids or
assists in falsely altering any such circulating notes, or passes,
utters, or publishes, or attempts to pass, utter or publish as
true, any falsely altered or spurious circulating note issued, or
purporting to have been issued, by any such banking associa-
tion, knowing the same to be falsely altered or spurious, shall
be imprisoned at hard labor not less than five years, nor more
than fifteen years, and fined not more than one thousand dol-
lars." U. S. Rev. Stat., 5415.
Gold or Silver Coin. "Every person who falsely makes,
forges, or counterfeits, or causes, or procures to be falsely made,
forged, or counterfeited, or willingly aids or assists in falsely
making, forging, or counterfeiting any coin or bars in resem-
blance or similitude of the gold or silver coins or bars which
have been, or hereafter may be, coined or stamped at the mints
and assay-offices of the United States, or in resemblance or
similitude of any foreign gold or silver coin which by law is, or
hereafter may be made, current in the United States, or are in
actual use and circulation as money within the United States, or
who passes, utters, publishes or sells, or attempts to pass, utter,
publish, or sell, or bring into the United States from any foreign
place, or has in his possession, any such false, forged or counter-
feited coin or bars, knowing the same to be false, forged, or
counterfeited, shall be punished by a fine of not more than five
thousand dollars, and by imprisonment at hard labor not more
than ten years." U. S. Rev. Stat., 5457.
Minor Coins. The section in regard to minor coins is es-
sentially the same as the preceding, excepting as to the coun-
46 THE LAW OF CRIME.
terfeiting of foreign coin current in this country, which is
omitted, and, as to the punishment, the fine shall not exceed
one thousand dollars, and imprisonment at hard labor not more
than three years.
Section 5430 provides for the punishment of any one who
may use the government plates to print notes except for the
government and by order of the proper officer; also for the
punishment of any one who may engrave, or cause to be
engraved, or assist in engraving any plate in the likeness of
any plate designed for printing government obligations or se-
curities; also for the punishment of any one who sells, or has
in his possession, or brings in from any foreign country, ex-
cept by lawful authority, any such plate ; also for the punish-
ment of any one who prints, or photographs or makes any im-
pression or print in the likeness of any such obligation or se-
curity; the punishment in all these cases is a fine not exceed-
ing five thousand dollars, or imprisonment at hard labor not
more than fifteen years, or both. This section has been re-en-
acted in substance by the Ohio Legislature.
Postage Stamps. Counterfeiting postage stamps, or stamps
on stamped envelopes, or on postal cards, is punished by a fine
not exceeding two thousand dollars, or imprisonment at hard
labor not more than five years, or both.
Mutilating Coins. Mutilating, defacing, impairing or light-
ening the gold or silver coins of the United States, or any for-
eign coins current in the United States, is punished by a fine
of not more than two thousand dollars, and imprisonment not
more than two years.
Gilding Coins. The State of Ohio has a law, Section 7100,
Revised Statutes, punishing the gilding of any coins passing
current in the State, so as to give it the appearance of any of
the gold coins of the United States, or any other gold coins
passing currently in this State, with intent to defraud, or pass-
ing or putting into circulation any such false or gilded money,
knowing that it is not genuine. The punishment is imprison-
ment in the penitentiary not more than five years nor less
The State of Ohio also has a statute, Section 7101, provid-
ing for the punishment of any one who falsely makes, forges,
counterfeits or alters any stamp, note, bond, coupon, postage
or fractional currency, or other security, issued under the au-
thority of any act of Congress. The punishment is the same
as provided by the United States for the same offense, a fine
of not more than five thousand dollars, and imprisonment not
more than fifteen years.
This completes the list of the most important felonies and
misdemeanors. There are some others provided for by special
statute in this State, but as they are of a local character, prin-
cipally special acts relating to the conduct of State institutions,
or to the punishment of persons who, in some way, interfere
with public institutions or their inmates, they have no general
interest and are omitted. The definitions of crimes that we
have given will be found correct in all the States, and the
crimes themselves are of a general character, punishable by
the laws of all States, though the amount of punishment var-
ies in many instances.
We will next take up the relation of detective work to crime,
the duties of officers, the rights and privileges of private de
tectives and citizens, and endeavor to cover briefly so much ot
criminal procedure as it is important for constables, detectives,
sheriffs and all arresting officers, and in fact everybody, to
how to PRoeeeu
PREVENTION OF CRIME.
IT is really more important to prevent crime than to punish
it. The principal object of punitive laws and institutions
is to protect society, and at the same time to work out as
far as possible, the reformation of the culprit himself; also
to have a restraining influence upon others, whose natural de-
pravity or stress of circumstances might incline them to the
commission of crime.
Sometimes the extreme gravity of the crime demands the
entire removal of the offender from society, as in the case of
murder in the first or second degree. In this case the reform-
ation of the criminal is dropped entirely out of view, and fhe
protection of society becomes a matter of supreme moment,
justifying in the eye of the law, the entire removal of the crimi-
nal either by death or life imprisonment.
These deterrent means of preventing crime are more success-
ful perhaps than would at first thought appear.
If punishment for infractions of the law were removed the
increase in crime would be appalling to contemplate. . At the
best these means of preventing crime are indirect and it must
be admitted that the positive processes of the law for the pre-
vention of crime are very few and of little force except in mis-
demeanors. The first and most important of the positive
measures of the law to prevent crime is the
PEACE WARRANT. 49
A peace warrant is an instrument issued in the name of the
State to the sheriff or any constable of the county, or if issued
by an officer of a municipal corporation, then to the marshal or
other police officer of such corporation, commanding him to
arrest the person complained of and to take him before the
magistrate issuing the warrant, or some other magistrate of the
same county, to answer the complaint.
The circumstances which justify the issuance of a peace
warrant, are a complaint made in writing, and upon oath before
a justice of the peace, mayor, or police judge, that the complain-
ant has cause to fear, and does fear, that another person named
will commit an offense against the person or property of him-
self, or of his ward or child. The magistrate must then issue
The officer charged with the arrest must bring the accused
before the magistrate, who will examine the complaint, hearing
all witnesses and the defendant upon oath, and if he is not sat-