United States v. Hull

• Decision Date: 01 January 1882
• Citation: 14 F. 324
• Parties: UNITED STATES v. HULL. [1]
• Court: U.S. District Court — District of Nebraska

14 F. 324

UNITED STATES v. HULL. ^[1]

United States District Court, D. Nebraska.

November Term, 1882

Mr Lamberton, U.S. Atty., and Mr. Webster, for the United States.

Mr Woodworth and Mr. Thurston, for defendant.

McCRARY C.J., (orally.)

We have considered the motion to quash the indictment in this case and I am now ready to state the conclusions arrived at.

The indictment in the case charges, in substance,-- First, the making of false claims against the United States; and second, aiding another person to obtain payment of false claims against the United States. There are a number of counts in the indictment, but I believe they are all conceded to be substantially alike, and therefore it will be sufficient to consider the first count. This, after certain allegations setting forth that defendant was custodian of the United States court-house and post-office at Lincoln, and certain other allegations rather introductory in their character, not necessary to be repeated, proceeds thereafter to say that 'defendant did willfully, unlawfully, and feloniously make and cause to be made, and present and caused to be presented, to an officer of the treasury department of the United States of America, a certain false, fraudulent and fictitious claim and account against the United States of America for payment and approval for 806 yards best quality Napier matting, at 80 cents per yard, alleged in said account to have been purchased from one Albert M. Davis for the use of said building, at a price of $644.80, which said claim was false, fictitious, and fraudulent, as said Dwight G. Hull well knew, and that said goods were never delivered by said Albert M. Davis at the price named, or at the place named. Then follow allegations that the defendant, for the purpose of aiding to obtain payment of said claim, unlawfully and feloniously did make and use, and caused to be made and used, a certain false bill, voucher, receipt, certificate, or account, which is copied in the indictment, followed by the allegation that said voucher, receipt, bill, or certificate was and is false, fictitious, and fraudulent as to the cost or price of said matting, as the said Dwight G. Hull well knew; and the grand jury aforesaid, upon their oaths aforesaid, present that the said Albert M. Davis never received the sum of $644.80 for said matting from the United States or any other person.' Here is a very distinct and sufficient allegation of the two offenses to which I have referred, namely: First, the making and presenting of a false claim; and, second, aiding another to obtain the payment of a false claim. We are of the opinion that these offenses, as here charged, come clearly within the provisions of section 5438 of the Revised Statutes of the United States, which provides that 'every person who makes or causes to be made, or presents or causes to be presented, for payment or approval to or by any person of officer in the civil, military, or naval service of the United States, any claim upon...