A
T a Court of Oyer and Terminer &c. held at Philadelphia in November, 1778, the Defendant was indicted for Forgery upon two bills. The proceedings were removed by cortiorari returnable into this Court, on the 5th day of December following ; and the iffues, on not guilty pleaded, were tried before a Special Jury on the 14th April, 1779, when the Defendant was convicted upon both indictments. Afterwards he filed reafons in arreft of judgment, of which a recapitulation will be found in the fentence of the Court ; and thefe reafons were argued, and over-ruled, on the 19th day of the fame month.The firʃt indictment was for altering a bill of parcels and receipts given by Margaret Duncan, for goods brought from her, with intent to defraud the United States ; and the charge was fet for forth in the following words:
‘‘ Philadelphia County ff.
‘‘ The Jurors for the Commonwealth of Pennƒylvania, upon,
‘‘ their oaths and a lismations, do prefent, that Cornelius Sweers,
‘‘ late of the country aforefaid yeoman, on the 4th day of February,
‘‘ in the year of our Lord 1778, and long before, and fince, was
‘‘ a Deputy Commiffary General of military flores, in the armies
‘‘ of the United States of America, and entrufted and employed by
‘‘ Colonel Benjamin Howers, the Commiffary General of military
‘‘ Hores in the armies aforefaid, and by the honorable continental
‘‘ Congrefs, to make purchafes of military ftores, and of divers
‘‘ other articles, neceffary and fitting in the preparation of military
‘‘ ftres, for the ufe of the armies aforefaid, and to make payments,
‘‘ and take receipts, bills of parcels, and other vouchers therefor.
‘‘ And the Jurors aforefaid, upon their oaths and affirmations afore-
‘‘ faid, do fay, and further prefent, that the faid Cornelius Sweers,
1779.
‘‘ on the fame 4th day of February, in the year aforefaid, at the city
‘‘ of Philadelphia, in the county aforefaid, having in this cuftody
‘‘and poffeffion a certain bill of parcels or account, with a certificate
‘‘ and receipt, all in writing, for a parcel or quantity of flannel
‘‘ cloth, by him purchafed of one Margaret Duncan, for the ufe of
‘‘ the Laboratory of the fame armies, and which faid writing was in
‘‘ the words,figures, cyphers and letters following ; that if to fay :
- ‘‘ United States of America
| ‘‘ To Margaret Duncan | Dr | |||||||
| ‘‘1778, Feb. 4th | To 57 & a qr, yard Flannel | 32ƒ6d | Ł | 83 | 5 | 7 | ||
| ‘‘To 9 yds Do. | 35ƒ | 15 | 15 | 0 | ||||
| ‘‘To 107 & 3 qr. yds Do. | 52ƒ6 | 282 | 16 | 10 | ||||
| ————— | ||||||||
| 381 | 17 | 5 | ||||||
- ‘‘ I do certify that the above was purchafeand de-
- ‘‘ livered to me for the ufe of the Laboratory at Carliʃle.
- Iƒaac Coran, Captain of the Artillery.
- ‘‘ livered to me for the ufe of the Laboratory at Carliʃle.
‘‘ and on the back fide of which writing is indorfed and written
‘‘ the words following ; that if to fay : Received within com-
‘‘tents in full Margaret Duncan : He the faid Cornelius Sweers af-
‘‘terwards, to writ, on the fame day and year aforefaid, at Philadelp
‘‘ phia aforefaid, in the country aforefaid, with force and arms, the
‘‘faid bill of parcels or writing, falfely, fraudulently, and deceit-
‘‘ fully, did alter, and caufe tobe altered, by falfely making, forg-
‘‘ ing and adding the figure 4. to and before the figure 9. in the fe-
‘‘ cond item of the faid bill of parcles or writing, which figures and
‘‘ letters did, before fuch Laft mentioned forgery, import and fignify
‘‘ nine yards, but by reafon and means of fuch laft mentioned for-
‘‘ gery and addition, did become, import, and fignify forty nine
‘‘ yards ; and alfo by forging and altering the figure 1, in the fum of
‘‘ the faid fecond item in the bill of parcels or writing aforesaid, to
‘‘ the figure 8 ; which figures did, before fuch laft mentioned alte-
‘‘ ration and forgery, import and fignify fifteen pounds, and fifteen
‘‘ fhillins, but, by reafon and means of fuch laft mentioned altera-
‘‘ tion and forgery, did become, import and fignify eighty five
‘‘ pounds and fifteen fhillings ; and alfo by falfely forging and alter-
‘‘ ting the figure 3 to the figure 4, and the figure 8 to the figure 5. in
‘‘ the fum total or amount of the faid bill of parcels or writing;
‘‘ which figures did, before fuch laft mentioned forgery and altera-
‘‘ tion, import and fignify three hundred and eighty one pounds,
‘‘ feventeen fhillings and fice peace, but, by reafon and means of
‘‘ fuch laft mentioned forgery and alteration, did become, import
‘‘ and fignify four hundred and fifty one pounds, feventeen fhillings
‘‘ and five pence, with intention to defraud the United States of Ame-
‘‘ rica aforefaid, of feventy pounds, of lawful money of Pennʃylva-
‘‘ nia, to the evil example of all others, in like cafe offending, to
‘‘ the great damage of the faid United States, and againft the peace
‘‘ and dignity of the Commonwealth of Pennƒylvania. ’’
1779.
The ʃecond indictment was for ƒorging a receipt, purporting to be a receipt from one Adam Faulke, with intent to defraud the United States. It was expreffed in the following words:
‘‘Philadelphia County ff.
‘‘The Jurors for the Commonwealth of Pennʃylvania, upon
‘‘ their oaths and affirmations, do prefent, that Cornelius Sweers,
‘‘ Late of the county aforefaid, yeoman, on the firft day of July, in
‘‘ the year of our Lord one thoufand feven hundred and feventy
‘‘ feven, and long before, and fince, was a cleark to the department
‘‘ of the Commiffary General of military ftores, in the armies of
‘‘ the United States of America, and entrufted and employed by Colo-
‘‘ nel Benjamin Flowers, the Commiffary General of military ftores
‘‘ in the armies aforefaid; and by the honorable continental Con-
‘‘ grefs, to make payments, and take receipts, bills of parcels, and
‘‘ other vouchers, for military ftores and for divers articles necef-
‘‘ fary and fitting in the preparation of military ftores, purchafed
‘‘for the ufe of the armies aforefaid, and to keep the accounts
‘‘ thereof: And the Jurors aforefaid, upon their oaths and affirma-
‘‘ tions aforefaid, do further prefent, that the fame Cornelius Sweers,
‘‘ on the fame day and year aforesaid, at the city of Philadelphia, in
‘‘ the country aforesaid, contriving and intending, falfely and frau-
‘‘ dulently, to deceive and defraud the United States aforefaid,
‘‘ with force and arms, falfely, wickedly and unlawfully, did
‘‘ make, forge and counterfeit, and caufe to be made, forged and
‘‘counterfeited, a certain writing, purporting to be a receipt for
‘‘ one thoufand and twenty pounds and fifteen fhillings, and pur-
‘‘ porting to be figned in the name of one Adam Faulk, in the words
‘‘ and figures following, to writ, ‘‘ 3 Ree'd 1ft July 1777 of Col. B.
‘‘ Flowers, C.G.M.S. one thoufand and twenty pounds 15 ƒ. for
‘‘ 820 bayonet belts, and 920 cartouch boxes, for the ufe of he ar-
‘‘ my.
| ———————— | |
| Ł.1020−15 | Adam Faulk. |
| ———————— |
‘‘ to the evil example of all others in like cafe offending, to the
‘‘great damage of the United States, and againft the peace and dig-
‘‘ nity of the Commonwealth of Pennƒylvania. And the Jurors
‘‘ aforefaid, upon their oaths and affirmations aforefaid, do further
‘‘prefent, that the faid Cornelius Sweers, contriving and intending
‘‘ the faid United States, falfely and fraudulently, to deceive and de-
‘‘ fraud, then and there, with force and arms, the faid writing, fo
‘‘ as aforefaid falfely made and counterfeited, purporting to be a re-
‘‘ ceipt for the fum of one thoufand and twenty pounds and fifteen
‘‘ fhillings, and purporting to be figned in the name of the faid
‘‘ Adam Faulk, wickedly, unlawfully and fraudulently, did publifh,
‘‘ and caufe to be publisfed, as and for a true writing and receipt of
‘‘ the faid Adam Faulk ; which faid falfely forged and counteferited
1779.
‘‘ writing, is in the words and figures following to writ ‘‘ 3 Ree'd
‘‘1ft July 1777 of Col. B. Flower, C.G. M.S. one thoufand
‘‘ and twenty pounds 15ƒ. for 8 2c bayonet bolts and 920 cartouch
‘‘ boxes for the ufe of the army.
| Ł. 1020-15 | Adam Faulk. | ||
‘‘ (he the faid Cornelius Sweers, at the time of publifhing the faid
‘‘ falfe and counterfeit writing there by him in form aforesaid, well
‘‘ knowing the faid writing to have been falfely forged and counter-
‘‘ feited as aforesaid,) to the evil example of all others in like cafe
‘‘ offending, to the great damage of the faid United States, and
" againft the peace and dignity of the Commonwealth of Pennʃylva-
‘‘ nia. ’’
The prifoner being brought before the Court to receive fentence,M'KEAN, Chief Juƒtice, addreffed him to the following effect:
Cornelius Sweers : –– After a fair and full trial, you have been convicted of the crime of Forgery, upon two indictments, by a Special Jury of your country. The offence ftated in the ƒirʃt indictment it that of altering a receipt given by Margaret Duncan ; and the charge contained in the ʃecond indictment, is that of forging a receipt, purporting to be the receipt of Adam Faulke. Your council have taken feveral exceptions to the from and fubftance of thefe indictments, upon a motion of arreft of judgment.
The ƒorʃt exception was, ‘‘ that, at the time of the offence charg- ‘‘ed, the United States were not a body corporate known in law.’’ But the Court are of a different opinion. From the moment of their affociation, the United States neceffarily became a body corporation ; for, there was no fuperior from whom that character could otherwife be derived. In England, the king, lords, and commons, are certainly a body corporate ; and yet there never was any charter or ftatute, by which they were exprefsly fo created. An indictment, however, may be fufficiently maintained upon "an intent to de "ceive my liege fubjects ; ‘‘ and to that purpofe there is a pofitive authority, not referred to by the council where a perfon was indicted, for having in his cuftody a piece of bafe metal, in the fimilitude of a fix-pence, knowing it to be bafe, with intent to defraud the liege fubjects &c.
The ʃecond exception was, ‘‘ that the charges in the indictments ‘‘ were not direct and pofitive but only argumentative.’’ One this point we cannot hefitate to declare, that the charges appear to us to be as direct and pofitive, as it was poffible to exprefs them.
The third exception was, ‘‘ that the indictments do not charge ‘‘ that any perfon was actually defrauded.’’ But in the King verfus Webb 2 Ld. Roy. 1461, all the Judges declared, that if the cheat be prejudicial, that is, of fuch a nature as may prejudice, and
1779.
indictment would well lie. In the cafe of forgery, properly fo called, which includes only records, deeds, wills, or pubic infruments, it may, perhaps, be neceffary that fome perfon fhould be actually prejudiced. This rule, however, does not extend to cheats of the prefent defscription ; in which it if fufficient, that the act be of a (illegible text) nature.
Upon the whole, we are of opinion, that your conviction has been legal, as well as juft ; and, therefore it only remains to pronounce the fentence of the Court.
Sentence, on the firft indictment :–A fine of Ł. 70. and imprifonment until the 4th of July, the anniverfary of American Independence. Sentence, on the fecond indictment:–A fine of Ł. 1020. Imprifonment until the next annual election for Pennʃylvania, and ftanding in the pillory for one hour.