4 D.C. 703 (C.C.D.C. 1836), 15,568, United States v. Laub

Docket Nº:15,568[1]
Citation:4 D.C. 703, 26 F.Cas. 873
Party Name:UNITED STATES v. LAUB.
Attorney:Mr. Key, for the United States,
Judge Panel:THRUSTON, Circuit Judge, contra

Page 703

4 D.C. 703 (C.C.D.C. 1836)

26 F.Cas. 873

UNITED STATES

v.

LAUB.

No. 15,568 [1]

Circuit Court, District of Columbia.

March 1836. [2]

Assumpsit, to account for public money received by the defendant [Andrew M. Laub] for certain purposes. The United States claimed a balance of $11,855.86, unaccounted for. The defendant claimed credits for certain items to the same amount. By the burning of the treasury offices all his vouchers were destroyed; he being an officer in the treasury department, and having left his vouchers in his desk on the 31st March, 1833, the night of the fire. The defendant having offered some evidence in support of his claim for certain items of credit,

THE COURT.

Mr. Key, for the United States, prayed the court to instruct the jury that the defendant was not entitled to credit for those items; which instruction THE COURT (THRUSTON, Circuit Judge, contra) refused to give.

THE COURT (THRUSTON, Circuit Judge, contra) instructed the jury, at the prayer of Mr. Coxe, the defendant's counsel, that the account from the treasury department upon which a balance appears against the defendant of $7,769.25, is not, per se, evidence upon which the jury can find a verdict against the defendant for the items in the same which appear to be balances on former settlements. And further (THRUSTON, Circuit Judge, contra) instructed the jury that if from the evidence, they should believe that the defendant had faithfully paid over, for public purposes and within the sphere of his official duty, all the public money which came to his hands, then the plaintiff is not entitled to recover.

The defendant's counsel, with the consent of the attorney of the United States, having read certain parts of a public document, No. 22, containing certain affidavits taken by order of the president, in relation to the burning of the...

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