Edward Douglass White

“ The word 'withholding' has a definite signification, and we think contemplates, as used in the statute under consideration, not the fraudulent obtaining of money from a pensioner, but the withholding of the money before it reaches the hands of the pensioner, and passes under his dominion and absolute control. The context of the statute supports this view, for its penalty is imposed for the wrongful withholding of the whole or any part of the pension claim allowed and due such pensioner, and not for a wrongful obtaining of the same. ”

“ Withholding, on the contrary, is confined to money due, which in no sense embraces that which has been actually paid over to a pensioner, and has passed under his complete control. However much pension money, even when taken into the possession of a pensioner, may retain its identity for certain purposes, we do not think, for the reasons just stated, that this instruction given was sound in law. The elementary rule is that penal statutes must be strictly construed, and it is essential that the crime punished must be plainly and unmistakably within the statute. ”

“ The witness, upon his examination in chief, testified solely with reference to the circumstances connected with the giving by the pensioner of the check of $1,887.34, which formed the basis of the charge of withholding covered by the first count in the indictment. The cross-examination was confined to the same subject. At the close of the cross-examination, the witness stated that he had been asked by a special examiner of pensions, who was investigating the matter, what he knew about the consideration of the check in question. ”

“ It had no tendency to establish his guilt, or to operate to his prejudice, and confessions are only admitted as being statements against the interest of the party by whom they are claimed to have been made. ”