Cochran v. United States

Decision Date25 March 1895
Docket NumberNo. 815,815
PartiesCOCHRAN et al. v. UNITED STATES
CourtU.S. Supreme Court

This was a writ of error to review a condiction of William H. Cochran, president, and Robert H. Sayre, assistant cashier, of the First National Bank of Del Norte, Colo., for making a false entry in a report to the comptroller of the currency. On November 22, 1893, the grand jury presented three separate indictments against the plaintiffs in error, which were numbered 959, 960, and 992, respectively. These indictments were identical in language, except so far as it was necessary to change them so that the plaintiffs in error could both be charged as principals and as accessories of each other. In No. 959 both were charged as principals, for making false entries in their reports. In No. 960 Sayre was charged with making, and Cochran with aiding, abetting, and procuring Sayre to make, such false entries; and in No. 992 Cochran was charged with making, and Sayre as an accessory.

Each indictment contained 12 counts, and, on motion to quash, the tenth, eleventh, and twelfth counts of each indictment were held to be insufficient. On May 11, 1894, the three indictments were consolidated and tried as one, and on June 6, 1894, the defendants were convicted upon the first count of the indictment originally numbered 960.

Whereupon, defendants sued out this writ of error.

C. S. Thomas and E. F. Richardson, for plaintiffs in error.

Sol. Gen. Conrad, for the United States.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.

As the defendants were convicted solely upon the first count in indictment No. 960, it is only necessary to consider the questions arising upon this count.

1. The first assignment of error relates to the sufficiency of this court, which charges that 'Robert H. Sayre, * * * William H. Cochran being then and there president, the said Robert H. Sayre being then and there assistant cashier of the First National Bank of Del Norte, Colorado, * * * did make, in a certain report of the condition of the First National Bank, * * * at the close of business on the 30th of September, 1892, made to the comptroller of the currency, in accordance with the provisions of section 5211 of the Revised Statutes of the United States, a certain entry.'

The first objection to the indictment is that as section 5211, referred to in this count, provides that 'every association shall make to the comptroller of the currency not less than five reports during each year, according to the form which may be prescribed by him, verified by the oath or affirmation of the president or cashier of such association, and attested by the signature of at least three of the directors,' the indictment should aver that the report was made by the association. The offense charged, however, is not the making or the failure to make the report under section 5211, the failure to make which report subjects such association to a penalty under section 5213, but the making of a false entry in a report, under section 5209, which provides that 'every president, director, cashier, teller, clerk, or agent of any association,' who makes any such false entry in any report, shall be guilty of a misdemeanor. Section 5209 is the statute violated, and the reference to section 5211 is merely for the purpose of identifying the report as one required by law to be made. In addition to this the indictment refers to the report as one made 'in accordance with the provisions of section 5211,' which would imply that it was made by the association, and was properly verified and attested as required by that section. Had the indictment been gainst the association for a failure to make such reports, it would doubtless be necessary to aver that the report was required to be made by the association; but, as the report is mentioned only for the purpose of showing that it was one required by law to be made, it need not be described with technical accuracy.

2. The second objection is that Sayre had no authority to make the report, being only an assistant cashier. While, under section 5211, the report in question ought to be made by the association, verified by the oath or affirmation of the president or cashier, and attested by the signature of three directors, it was no less an offense, under section 5209, for an assistant cashier to make a false entry in a report which was to be subsequently verified by the oath of the president or cashier in person, than it would have been if the entry had been made by the cashier who verified the report. As the language of section 5209 applies not only to the president and cashier, but to any director, teller, or agent of any such association, Sayre, as assistant cashier, certainly fell within the category of clerk or agent. If he made a false entry in a report required by section 5211, it made no difference whether the report was subsequently verified by him, or by the president or cashier in person. There is no penalty affixed by section 5211 to the false verification of the president or cashier. The offense is in making the false entry with intent to injure or defraud the association. etc.

For the reason above given, we do not think it necessary to allege that the report in which the false entry was made was actually verified by the oath or affirmation of the president or cashier, or attested by the signature of the directors or, at least, that the fact that it is averred to have been made 'in accordance with the provisions of section 5211' is a sufficient averment that it was properly verified and attested. If such report were not properly verified and attested, it would doubtless be competent for the comptroller of the currency to reject it, or to proceed against the association, under section 5213, for failure to make and transmit a proper report. But if an assistant cashier makes a false entry in a report, which is designed to be and is made use of as a report to the comptroller of the currency, under section 5211, it is difficult to see why it is not equally an offense, if the comptroller of the currency chooses to accept such report without the proper attestation and verification.

These cover all the objections taken to the indictment in the brief of defendants' counsel.

Few indictments under the national banking law are so skillfully drawn as to be beyond the hypercriticism of astute counsel,—few which might not be made more definite by additional allegations. But the true test is, not whether it might possibly have been made more certain, but whether it contains every element of the offense intended to be charged, and sufficiently apprises the defendant of what he must be prepared to meet, and, in case any other proceedings are taken against him for a similar offense, whether the record shows with accuracy to what extent he may plead a former acquittal or conviction. Evans v. U. S., 153 U. S. 584, 587, 588, 14 Sup. Ct. 934; Batchelor v. U. S., 156 U. S. 426, 15 Sup. Ct. 446.

3. Error is assigned to the ruling of the court permitting the district attorney to ask of the witness Charles W. Thomas whether he had ever had any experience in a bank, or the business of a bank, before he came to Colorado. Thomas—who, it subsequently appears, was made cashier of the bank—gave evidence tending to prove that he first met Cochran in the summer of 1889, on a visit to Colorado, and that since May 1, 1890, he had lived at Del Norte. He was then asked the question, 'Had you ever had any experience in a bank, or the business of a bank, before you came to Colorado?' There was no error in permitting this interrogatory to be put. Questions regarding he age, antecedents, business, and experience of a witness are largely within the discretion of the court; and, unless it manifestly appears that such questions are put for an improper purpose, such discretion is not reviewable on error. The weight to be given to the testimony of this witness as to the entries in question might depend largely not only upon his intelligence, but upon his familiarity with the banking business. If he were a man of previous experience in banking, he would be the better qualified to explain to the jury the significance of the entries in question, and the manner in which the reports to the comptroller of the currency were made up. If, upon the other hand, he were appointed, because of his inexperience, as a merely perfunctory official, and because he was intended to be made use of as a tool of the defendants in carrying out their plans, this was a fact which the jury were entitled to know, and an item of testimony having some bearing upon the intent to defraud in making the false entry in question.

4. The objection to the following question put to Thomas is equally untenable: 'When the comptroller would call on the bank for statements, what was your habit as to taking any part in the getting up of such statement?' His answer, 'I never made any statements,' shows of itself that the question was not prejudicial in the answer actually given. If this be the case, the materiality or propriety of the question is of no importance. Beyond this, however, the witness was the cashier of the bank, and was required by section 5211 to verify the reports of the comptroller of the currency. Naturally, he was the one to prepare these reports, or at least to take part in preparing them; and, if he were not called upon to do so, the fact was at least deserving of explanation, and properly the subject of comment by counsel. The pertinence of the question was manifest, in view of his subsequent testimony that 'the statements were handed to him, and they told him that the statements were all right, and he would sign them. * * * The reports were never made out by witness, but by some one else. They were made out mostly by Sayre, sometimes under the direction of Cochran, and sometimes written out by other parties in the bank. * * * Either...

To continue reading

Request your trial
299 cases
  • Jelke v. United States
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • 2 Marzo 1918
    ... ... year 1893, notably Dealy v. United States, 152 U.S ... 539 (14 Sup.Ct. 680, 38 L.Ed. 545); Evans v. United ... States, 153 U.S. 584 (14 Sup.Ct. 934, 38 L.Ed. 830); ... Dunbar v. United States, 156 U.S. 185 (15 Sup.Ct ... 325, 39 L.Ed. 390); Cochran & Sayre v. United ... States, 157 U.S. 286 (15 Sup.Ct. 628, 39 L.Ed. 704); and ... Rosen v. United States, 161 U.S. 29 (16 Sup.Ct. 434, ... 480, 40 L.Ed. 606)-- has under various circumstances declared ... that allegations in an indictment are sufficient if their ... meaning is 'clear to ... ...
  • Frankfort Distilleries v. United States
    • United States
    • U.S. Court of Appeals — Tenth Circuit
    • 13 Noviembre 1944
    ...prosecution for the same offense. Evans v. United States, 153 U.S. 584, 14 S.Ct. 934, 38 L.Ed. 830; Cochran and Sayre v. United States, 157 U.S. 286, 15 S.Ct. 628, 39 L.Ed. 704; Rosen v. United States, 161 U.S. 29, 16 S.Ct. 434, 480, 40 L.Ed. 606; Bartell v. United States, 227 U.S. 427, 33 ......
  • United States v. Caplan, 13609.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 13 Agosto 1954
    ...of astute counsel, — few which might not be made more definite by additional allegations." Cochran and Sayre v. United States, 157 U.S. 286, at page 290, 15 S.Ct. 628, at page 630, 39 L.Ed. 704, and see Crain v. United States, 162 U.S. 625, 16 S.Ct. 952, 40 L.Ed. 1097; United States v. Mill......
  • United States v. Nelson
    • United States
    • U.S. District Court — Western District of Michigan
    • 15 Febrero 1980
    ...whether the record shows with accuracy to what extent he may plead a former acquittal or conviction." Cochran and Sayre v. United States, 157 U.S. 286, 290, 15 S.Ct. 628, 630, 39 L.Ed. 704; Rosen v. United States, 161 U.S. 29, 34, 16 S.Ct. 434, 480, 40 L.Ed. 606.' Hagner v. United States, 2......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT