David Josiah Brewer

“ It is true some parol testimony might be required to show the absolute identity of the smuggled goods, but such proof is often requisite to sustain a plea of once in jeopardy. It is no valid objection to an indictment that the description of the property in respect to which the offense is charged to have been committed is broad enough to include more than one specific article. Thus, an indictment charging the larceny of 'a horse, the property of A. B.,' is not overthrown by proof that A. B. is the owner of many horses, any one of which will satisfy the mere words of description. ”

“ An intent to defraud the revenues implies an intent to deprive such revenues of something that is lawfully due them, and there can be no such intent without knowledge of the fact that there is something due. ”

“ If he knowingly permits the appropriation of the proceeds of the smuggled opium to his own benefit, either in the payment of his drafts or in increasing the amount of his account at the bank, he is helping to make successful the unlawful venture, and certainly those facts would be inconsistent with the idea of his entire innocence in respect to the matter. It will also be borne in mind that this instruction is not that, if these things be so, the defendant must be found guilty, but only that they are inconsistent with his innocence in respect to the transportation. ”

“ Gearin (counsel for the United States) : Counsel says they have not had any notice. We now give counsel and the defendant notice to produce these letters and the copies they have,-the letters written to Dunbar and letterpress copies of letters written by him.
'Mr. McGinn (counsel for defendant) : There are no such letters in existence. We have not got any such letters. ”

“ If, for instance, the description of the property does not so clearly identify it as to enable him to prepare his defense, he should raise the question by some preliminary motion, or perhaps by a demand for a bill of particulars ”