Johnston v. United States

• Decision Date: 26 April 1898
• Docket Number: 688.
• Citation: 87 F. 187
• Parties: JOHNSTON v. UNITED STATES.
• Court: U.S. Court of Appeals — Fifth Circuit

87 F. 187

JOHNSTON v. UNITED STATES.

No. 688.

United States Court of Appeals, Fifth Circuit.

April 26, 1898

S. L Fuller, for plaintiff in error.

Warren S. Reese, for the United States.

Before PARDEE and McCORMICK, Circuit Judges, and SWAYNE, District judge.

PARDEE Circuit Judge.

Preston T. Johnston, who prosecutes this writ of error, was tried convicted, and sentenced for the violation of section 5399 Rev. St. U.S., on an information as follows:

'The United States versus P. T. Johnston.

'No. 2,953. Information. District of the United States for the Middle District of Alabama. For the November Term, A.D. 1896.

'Before the Hon. John Bruce, District Judge.

'Be it remembered that George F. Moore, as district attorney of the United States for the Middle district of Alabama, who for the said United States, in this behalf, prosecutes in his proper person, comes here into the district court of the United States for the said Middle district of Alabama, on the tenth day of December, A.D. 1896, in this same term, and gives the court here to understand and be informed that heretofore, on the fourth day of December, A.D. 1896, before the filing of this information, in the county of Montgomery, within said Middle district of Alabama, and within the jurisdiction of said court, P. T. Johnston, whose name to the district attorney is otherwise unknown, did unlawfully and corruptly endeavor to obstruct the due administration of justice in the district court of the United States for the Middle district of Alabama, in this: That during the present term of said district court there was and still is pending on the docket of said court an indictment charging one J. E. Bailey, alias Ed. Bailey, with a violation of the internal revenue laws of the United States for unlawfully and knowingly removing, to wit, 500 gallons of distilled spirits, on which the tax due the United States had not been paid, from a warehouse for distilled spirits authorized by law, without first paying the tax thereon, and with removing said spirits in a manner otherwise than provided by law, to wit, by stealth and without proper notice being given to the officers of the United States; and the said Bailey was then and there under bond to appear for trial on the fourth day of December, 1896, under the indictment charging him with said offense; and, the said case having been duly called for trial in said court, the said Bailey, through his counsel, sought to have the said criminal case against him continued until the next term of the said district court, and, in support of his said application, filed the following certificate, to wit:

"State of Alabama, Franklin County. I hereby certify that Mr. J. E. Bailey, who is now suffering with a simple fracture of the tibia, will be for some time unable to travel, or to perform any kind of physical labor where it would be necessary to be upon his feet.

"In witness whereof, I hereunto set my hand and seal, this November 29th, 1896.

P. T. Johnston, M.D.

"Personally appearing, Dr. P. T. Johnston made oath that the foregoing statement by him subscribed is in all respects correct and true.

"Jas. S. McCluskey, (Seal.) Notary Public.

"Filed Dec. 4, 1896.

J. W. Dimmick, Clerk.'

'And the said district attorney gives the court to understand and be informed that the said Johnston knew, when he made the said certificate, and furnished the same to the said Bailey that the said certificate was false, and he, the said Johnston, furnished the said certificate to the said Bailey for the purpose of obstructing the due administration of justice in said district court of the United States for the Middle district of Alabama, by and in causing the said case against the said Bailey to be continued for the term of said court without any legal or just...