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Precedents of indictments and pleas, adapted to the use both of the courts of the United States and those of all the several states; together with notes on criminal pleading and practice, embracing the English and American authorities generally (Volume 1) online

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certain official document granted by the collector of the customs
for the port and district of the city of New York {insert here
312



FORGERY, COINING, UTTERING, ETC. (308)

averment in brackets^ as before), which said falsely altered official
document is in the words following, that is to say {here repeat
the document as altered^ ivord for ivoi'd), with intent to defraud the
United States of America, against, etc., and against, etc. {Con-
clude as in book 1, chapter 3.)

Sixth count.

{Same as fifth count, substituting) : " with intent to defraud one
"for " with intent to defraud the United States of Amer-
ica."

Seventh count.

{Same as sixth cou7it, substituting) : " with intent to defraud
some person or persons to the jurors aforesaid as yet unknown,"
for " with intent to defraud one ."

(308) Eighth count. Altering^ etc., averring specially the alterations.

And the jurors aforesaid, on their oath aforesaid, do further
present, that late of the cit}'- and county of New York, in

the circuit and district aforesaid, heretofore, to wit, on,

etc., having in his possession a certain official document granted
by a collector of the customs by virtue of his office [insert aver-
ment in brackets in first count), to wit, an official document granted
by the collector of the customs for the port and district of the
city of New York, which said official document, granted as afore-
said, was, when so granted, in the words and figures following,
that is to say {here insert complete copy of original document, before
any alterations were made in it), he the said then and there,

that is to say, on, etc., with force and arms, at, etc., and within
the jurisdiction of this court, feloniously did falsely alter the
said official document, by then and there falsely altering {w) the
figure before written in the number in the said offi-

cial document, and by falsely altering the figure before

written in in the said official document, and by then and

there falsely making, forging, and counterfeiting upon the said
official document, in the place of the said figure before

written in the said number in the said official document,

(?y) The nature of the alteration must be stated. Mount, v. Com., 1 Duvall
(Ky.), 90. Wh. Cr. L. 8th ed. § 180 ; supra, notes to § 264.

313



(309) OFFENCES AGAINST PROPERTY.

the figure and by then and there falsely altering in the

place of the said figure in before written in said

in the said ofiicial document the figure by reason

and by means of which said false alteration of the said figure

and of the said figure and of falsely making, for-

ging, and counterfeiting upon the place of the said figure
the figure and upon the place of the said figure the

figure the said number before written in the said

ofiicial document did become, import, and signify and the

said before written in the said official document, did be-

come, import, and signify {or otherwise^ according to the

'peculiarities of the document)^ which said falsely altered official
document is in the words and figures following, that is to say
{here insert the document as altered)^ with intent to defraud one

against, etc., and against, etc. {Conclude as in book 1,
chapter 3.)

(309) Ninth count. Same in another shape.

And the jurors aforesaid, upon their oath aforesaid, do further
present, that late of the city and county of New York, in

the circuit and district aforesaid, hertofore, to wit, on, etc.,

having in his possession a certain official document granted by
a collector of the customs by virtue of his office, to wit, an offi-
cial document granted by the collector of the customs for the
port and district of the city of New York {insert here averment
in brackets in first count), which said official document, granted
as aforesaid, was, when so granted, in the words and figures fol-
lowing, that is to say {insert document as in eighth count), he the
said then and there, that is to say, on, etc., aforesaid, with

force and arms, at the city of New York, in the circuit and dis-
trict aforesaid, and within the jurisdiction of this court, feloni-
ously did falsely alter the said official document, by then and
there falsely altering, etc. {as eighth count specified), which said
falsely altered official document is in the words and figures fol-
lowing, that is to say {here insert copy of document as altered), with
intent to defraud some person or persons to the jurors aforesaid
unknown, against, etc., and against, etc. {Conclude as in book
1, chapter 3.)

314



FORGERY, COINING, UTTERING, ETC. (311)

(310) Tenth count. Uttering certificate as forged.

And the jurors aforesaid, on their oath aforesaid, do further
present, that late of the city and county of New York, in

the circuit and district aforesaid, heretofore, to wit, on,

etc., with force and arms, at the city of New York, in the cir-
cuit and district aforesaid, and within the jurisdiction of this
court, feloniously did pass, utter, and publish a certain false,
forged, and counterfeited official document, purporting to be
granted by a collector of the customs by virtue of his office, to
wit, an official document, purporting to be granted by the col-
lector of the customs for the port and district of the city of
New York [insert here averment in brackets in first connt}, by virtue
of his office, which said falsely altered official document is as
follows, that is to say {here insert copy of document as altered),
with intent to defraud the United States, he the said at

the time of his so passing, uttering, and publishing the said
last mentioned falsely altered official document, then and there,
to wit, on, etc., at the said city of New York, in the circuit and
district aforesaid, and within the jurisdiction of this court, well
knowing such last mentioned official document to be falsely
altered as aforesaid, against, etc., and against, etc. {Conclude as
in hook 1, chapter 3.)

Eleventh count.

{Same as tenth count, substituting) : "with intent to defraud
one "for " with intent to defraud the United States."

Twelfth count.

{Same as eleventh count, substituting): "with intent to defraud
some person or persons to the jurors aforesaid as yet unknown,"
for " with intent to defraud one ."

(311) Thirteenth count. Uttering certificate as altered.

And the jurors aforesaid, on their oath aforesaid, do further
present, that late of the city and county of New York, in

the circuit and district aforesaid, heretofore, to wit, on,

etc., with force and arms, at the city of New York, in the cir-
cuit and district aforesaid, and within the jurisdiction of this

315



(312) OFFENCES AGAINST PROPERTY.

court, feloniously did attempt to pass, utter, and publish a cer-
tain falsely altered official document, purporting to be granted
by a collector of the customs by virtue of his office, to wit,
purporting to be an official document granted by the collector
of the customs for the port and district of the city of New York
{insert here averment in brackets in first count)^ which said falsely
altered official document is as follows, that is to say {here insert
a copy of the document as altered), with intent to defraud the
United States of America, he the said at the said time of

his so passing, uttering, and publishing the said last mentioned
falsely altered official document, then and there, to wit, on, etc.,
at the city of New York, in the circuit and district aforesaid,
and within the jurisdiction of this court, well knowing such
last mentioned official document to be falsely altered, against,
etc., and against, etc. {Conclude as in hook 1, chapter 3.)

Fourteenth count.

{Same as thirteenth count, substituting) : "with intent to defraud
one ,"/o?'"with intent to defraud the United States of

America."

Fifteenth count.

{Same as fourteenth count, substituting) : "with intent to defraud
Bome person or persons to the jurors aforesaid as yet unknown,"
for " with intent to defraud one ."

(312) Forging a treasury note.

Southern District of New York, ss. The jurors of the United
States of America, within and for the circuit and district afore-
said, on their oath present, that late of the city and county
of New York, in the circuit and district aforesaid, hereto-
fore, to wit, on, etc., with force and arms, at the city of New
York, in the circuit and district aforesaid, and within the jurisdic-
tion of this court, feloniously did falsely make, forge, and coun-
terfeit a certain treasury note, which said false, forged, and coun-
terfeited treasury note is as follows, that is to say {here insert a
l^erfect copy of the note as counterfeited), on which said note was
indorsed " ," with intent to defraud the United States of
316



FORGERY, COINING, UTTERING, ETC. (S14)

America, against, etc., and against, etc. {Conclude as in book 1,
chapter 3.)

Second count

{Same as first county substituting): "with intent to defraud one
," for " with intent to defraud the United States of
America."

Third count.

{Same as second county substituting): "with intent to defraud
some person or persons to the jurors aforesaid unknown," /or
" with intent to defraud one ."

(313) Fourth count. Causing and -procuring^ etc.

And the jurors aforesaid, on their oath aforesaid, do further
present, that late of the city and county of New York,

in the circuit and district aforesaid {state occupation)^ heretofore,
to wit, on, etc., with force and arms, at the city of New York,
in the circuit and district aforesaid, and within the jurisdiction
of this court, feloniously did falsely make, forge, and counter-
feit, and cause and procure to be falsely made, forged, and
counterfeited, and willingly aid and assist in falsely making,
forging, and counterfeiting, a certain instrument, for the pay-
ment of money, called a treasury note, which said last men-
tioned false, forged, and counterfeited instrument, for the pay-
ment of money, called a treasury note, is as follows {insert copy
of note as in preceding counts), on which said note was then and
there indorsed " ," with intent to defraud the United States

of America, against, etc., and against, etc. {Conclude as in book
1, chapter 3.)

(314) Fifth count. Altering, ^tc.

And the jurors aforesaid, on their oath aforesaid, do further
present, that late of the city and county of New York,

in the circuit and district aforesaid, heretofore, to wit,

on, etc., having in his possession a certain treasury note, in the
words, letters, and figures following, that is to say {insert copy
of note as in preceding counts), which said note was indorsed
" ," he the said then and there, that is to say, on,

317



(315) OFFENCES AGAINST PROPERTY.

etc., with force and arms, at the city of New York, in the cir-
cuit and district aforesaid, and within the jurisdiction of this
court, feloniously did alter, forge, and counterfeit the said treas-
ury note, by then and there falsely obliterating and defacing the
figures {o7' otherwise)^ before written in in the said

treasury note, and by then and there falsel}' making, forging,
and counterfeiting upon the said treasury note, in the place of
the said before written in in the said treasury note,

the by reason and by means of which said obliterating

and defacing of the said in the said treasury note, and

of falsely making, forging, and counterfeiting upon the place
of the said in said treasury note, the the said

before written in in said treasury note, did become, im-

port, and signify which altered, forged, and counter-

feited treasury note is as follows, that is to say {here insert a
comjylete copy of the note as in preceding co2mts), on which said
note was indorsed " ," with intent to defraud the United

States of America, against, etc., and against, etc. {Conclude
as in hook 1, chapter 3.)

(315) Sixth count. Passing note, etc.

And the jurors aforesaid, on their oath aforesaid, do further
present, that late of the city and county of Xew York, in

the circuit and district aforesaid, heretofore, to wit, on,

etc., with force and arms, at the city of New York, in the cir-
cuit and district aforesaid, and within the jurisdiction of this
court, feloniously did pass, utter, and publish a certain false,
forged, and counterfeited treasury note, which said false, forged,
and counterfeited treasury note is as follows, that is to say
{here insert copy of treasury note as in preceding counts), on which
said note was indorsed " ," with intent to defraud the

United States of America, he the said at the time of his so

passing, uttering, and publishing the said last mentioned false,
forged, and counterfeited treasury note, then and there, to wit,
on, etc., at the city of New York, in the circuit and district
aforesaid, and within the jurisdiction of this court, well know-
ing such last mentioned treasury note to be false, forged, and
counterfeited, against, etc., and against, etc. {Conclude as in
book 1, chapter 8.)
318



FORGERY, COINING, UTTERING, ETC. (317)

Seventh count

{Same as sixth count, substituting): "with intent to defraud
one <>" for "with intent to defraud the United States of

America."

(316) Eighth count. Sayne as sixth, in another shape.

And the jurors aforesaid, on their oath aforesaid, do further
present, that late of the city and county of New York,

in the circuit and district aforesaid, heretofore, to wit, on,

etc., with force and arms, at the city of New York, in the cir-
cuit and district aforesaid, and within the jurisdiction of this
court, feloniously did pass, utter, and publish a certain false,
forged, and counterfeited treasury note, of which the purport
is as follows, that is to say {here insert a correct and complete
copy of the treasury note as comUerfeited), which said note was
then and there indorsed " ," with intent to defraud some

person or persons to the jurors aforesaid as yet unknown, he the
said at the time of his so passing, uttering, and publish-

ing the said last mentioned false, forged, and counterfeited
treasury note, then and there, to wit, on, etc., at the said city of
New York, in the circuit and district aforesaid, and within the
jurisdiction of this court, well knowing such last mentioned
treasury note to be false, forged, and counterfeited, against,
etc., and against, etc. {Conclude as in hook 1, chapter 3.)

Last count.

And the jurors aforesaid, on their oath aforesaid, do further
present, that the southern district of New York, in the second
circuit, is the circuit and district in which the said was

first apprehended for the said ofience.(:c)

(317) Feloniously altering a hank note.{y)

That A. B., etc., on, etc., at, etc., having in his possession a
bank note, whose tenor follows, that is to say {set out the note),
feloniously did alter the said bank note by then and there(2:)

{x) See supra, 3-16, 181, n., 287-239.

{?/) Stark. C. P. 458.

(2) See Mount v. Com., 1 Duv.ill, 00.

819



(318) OFFENCES AGAINST PROPERTY.

falsely obliterating and defacing the letters een before printed in
the word fifteen in the said blank note, and also the letters een
before printed in the word fifteen^ in white letters, on a black
ground underneath the said bank note, and by then and there
falsely making, forging, and counterfeiting upon the said bank
note, in the place of the first mentioned letters een before
printed in the word fifteen in the said bank note, the letter y ;
and also by then and there falsely making, forging, and counter-
feiting upon the bank note, in the place of the said letters een,
before printed in the word fifteen, in white letters, on a black
ground underneath the said bank note, another letter y, by
reason and means of which said obliterating and defacing the
letters een, before printed in the said word fifteen in the said
bank note, and also the letters een, being before printed in the
said ^xov(\. fifteen, in white letters, on a black ground underneath
the said bank note, and of falsely making, forging, and counter-
feiting upon the place of the said letters een, before printed in
the vfov^ fifteen, in and underneath the said bank note the letter
y ; the letters fift, so remaining of the said word fifteen, before
printed in the said bank note, with the said first mentioned let-
ter y, so falsely made, forged, and counterfeited as aforesaid,
did become, import, and signify fifty ; and the letters fift, so
remaining of the %^\(i fifteen before printed in white letters on a
black ground underneath the said last mentioned bank note,
with the said other y, so falsely made, forged, and counterfeited
as aforesaid, did become, import, and signify fifty, which said
altered bank note is in the words, letters, and figures following,
that is to say {set out the note as altered), with intent to defraud,
etc.(«)

(318) Having in possessioii forged bank notes without lawf id excuse,
knowing the same to be forged.ip)

That defendant, etc., feloniously, knowingly, and wittingly, and
without lawful excuse, had in his possession and custody divers
forged and counterfeited bank notes, that is to say, one forged

(«) Allege In one count an intention to defraud the governor and company of
the I3ank of England; in another, an intention to defraud the person to whom
it is paid, etc. ; add other count alleging the forgery of the bank note as altered,
and for altering with intent to defraud, etc See supra, forms 302, 303.

[h] Stark C. P. 454.

320



FORGERY, COINING, UTTERING, ETC. (319)

and counterfeited bank note, the tenor of which said forsred
and counterfeited bank note is as follows, that is to say {here the
note is set out), and one other forged and counterfeited bank
note, the tenor of which said last mentioned forged and counter-
feited bank note is as follows, that is to say {here the other note is
set out), he the said A. B. then and there, to wit, on, etc., at, etc.,
well knowing the same notes to be forged and counterfeited,
against, etc., and against, etc. {Conclude as in book 1, chapter 3.)

Second count.

Feloniously, knowingly, wittingly, and without lawful excuse,
had in his possession and custody a certain other forged and
counterfeited bank note, the tenor of which said last mentioned
forged and counterfeited bank note is as folio weth, that is to say
{the first note in the preceding count is here set out again), he the said
A. B., then and there, to wit, on, etc., at, etc., well knowing
the same last mentioned note to be forged and counterfeited,
against, etc., and against, etc. {Conclude as in book 1, chapter 3.)

(319) Uttering and passing a counterfeit bank bill, under § 4, ch. 96
of revised statutes of Vermont.{c)

That A. B., etc., on, etc., at, etc., wittingly, deceitfully, and
unlawfully did utter, pass, and give in payment to one E. W.
F., of Mendon, in the state of Vermont, one certain false, forged,
and counterfeited bank note, which said note was made in imi-
tation of, and did then and there purport to be, a bank note for
the sum of five dollars, issued by the president, directors, and
company of the Bank of Cumberland, by and under the author-
ity of the legislature of the state of Maine, one of the United
States of America, made payable to S. B,, or bearer, on demand,
numbered two hundred and seventy-four, and dated the first
day of September, in the year of our Lord one thousand eight
hundred and thirty-five, with the name of S. E. C. thereto sub-
scribed as president of said bank, and the name of C. C. T.
countersigned thereon as cashier of said bank, and was in the
words and figures following, that is to say : —

(c) Sustained in State i'. Wilkins, 17 Vt. 151.
VOL. I.— 21 321



(321) OFFENCES AGAINST PROPERTY.

" The State No. 974 of Maine.

"The President, Directors, and Company of the Bank of Cum-
berland, promise to pay Five Dollars to S. B., or bearer, on

demand.

Portland, let Sept., 1835.

" C. C. T., Cash'r. S. E. C, Pres't:'

He, the said A. B., then and there well knowing the said note

to be false, forged, and counterfeited as aforesaid, with intent

to defraud the said E. W. F., contrary, etc. {Conclude as in

book 1, chapter 3.)

(320) Uttering forged order ^ under Ohio statute.

That A. B., on the twenty-seventh day of July, in the year

of our Lord one thousand eight hundred and fifty-three, in the

county of Cuyahoga aforesaid, feloniously did utter and publish

as true and genuine, one certain false and forged order in

writing, for the payment of money, which said false and forged

order in writing is of the tenor and eftect following, that is to

say: —

" Cleveland, July 27, '53.

"Mr. Ransom, Please pay T. Donley $11.30, and charge Schr.

Fletcher. E. Goffet."

with intent thereby then and there to prejudice, damage, and

defraud one Chancy S. Ransom ; he, the said A. B., at the time

when he so uttered and published the said false and forged

order, then and there well knowing the same to be false and

forged.(<:/)

(321) Passing forged order ^ under Ohio statute.

That A. B., on the thirty-first day of August, in the year of
our Lord one thousand eight hundred and fifty-two, in the
county of Hamilton aforesaid, did unlawfully falsely utter, pub-
lish, and put off to one M. N., a certain false, forged, and coun-
terfeited order, as a true and genuine order of 0. P., given for
the payment of six dollars, which aforesaid forged order then
and there was of the tenor and effect following, to wit: —

(d) Warren's C. L. 249.
322



FORGERY, COINING, UTTERING, ETC. (323)

" August Slst, A. D. 1852.

"Mr. M. IST , Sir, Please to let the bearer, or order,

have six dollars, and oblige yours, O P ."

with the intent then and there to prejudice, damage, and defraud
the said M. IS., he the said A. B., then and there well knowing
the said false, forged, and counterfeited order to be false, forged,
and counterfeited. (e)

(322) Uttering a forged note purporting to he issued by a bank in

another state, under the Vermont statute.

That J. S., of, etc., in said county of Windsor, on, etc., with
force and arms, at, etc., wittingly, falsely, deceitfully, and unlaw-
fully did utter, pass, and give in payment to one A. L., of, etc.,
one certain false, forged, and counterfeit bank note, which said
note was made in imitation of, and did then and there purport
to be a bank note for the sum of two dollars, issued by the Presi-
dent, Directors, and Company of the Suffolk Bank, a banking
company incorporated by and existing under the authority of
the legislature of the state of Massachusetts, one of the United
States, made payable to E. C, or bearer, on demand, numbered
one thousand four hundred and ninety-one, and dated Boston,
May third, one thousand eight hundred and forty-three, with
the name of H. B. S. thereto subscribed as president of said
bank, and the name of J. V. B. countersigned thereon as cashier
of said bank, and was in the words and figures following, that
is to say {here set forth the note), he the said J. S. well knowing,
then and there, the said note to be false, forged, and counter-
feited as aforesaid, with intent to defraud the said A. L., con-
trary, etc., and against, etc. {Conclude as in book 1, chapter 3.)

(323) Having counterfeit bank note in possession under Ohio statute.

That A. B. and C. D., on the second day of February, in the year
of our Lord one thousand eight hundred and fifty-five, in the
county of Cuyahoga aforesaid, were detected with having un-
lawfully in their possession two hundred forged and counterfeited
bank notes, purporting to be issued by the Mechanics' Bank in

(e) Warren's C. L. 249.

323



(324) OFFENCES AGAINST PROPERTY.

Rhode Island, for the payment of five dollars each, which said
forged and counterfeited bank notes are as follows, that is to say:

" Rhode Island.
^ 5 THE MECHANICS' BANK

1^ Will pay Five Dollars on demand to the bearer. r

« M. M. Newport, October 20, 1854.

C. D. Hammet, Cash. Isaac Gould, Pres''

for the purpose and with the intent to sell, barter, and dispose
of the said forged and counterfeit bank notes.(/)

(324) Having in possession counterfeit plates, under Ohio statute.

That A. B. and C. D., on the tenth day of September, in the
year of our Lord one thousand eight hundred and forty-four, at
the county of Hamilton aforesaid, did unlawfully and knowingly
have in their possession, and then and there secretly did keep a
certain plate, then and there designed and engraved for the
purpose of striking and printing false and counterfeited bank
notes, to wit, for the purpose then and there of striking and
printing false and counterfeited bank notes in the likeness and



Online LibraryUnknownPrecedents of indictments and pleas, adapted to the use both of the courts of the United States and those of all the several states; together with notes on criminal pleading and practice, embracing the English and American authorities generally (Volume 1) → online text (page 35 of 65)