George Shiras, Jr.

“ There was filed a plea of misnomer, in which the defendant averred that he had been baptized in the name of W. J. Foust, and that he had always been known and called by that name, and prayed that the indictment might be quashed. This plea was overruled, as was likewise a motion to quash the indictment on the ground that defendant's name was W. J. Foust, and not W. J. Faust, as it appeared in the indictment.
In this we see no error. A name need not be correctly spelled in an indictment, if substantially the same sound is preserved. ”

“ It was claimed that, as the indictment failed to charge that the defendant embezzled any momey without the consent of his principal or employer, and as the postmaster, J. E. Foust, employed the defendant, the defendant's responsibility was to the postmaster, and not to the government. We see no merit in this assignment.
We have examined the remaining assignments, and have found nothing therein set up of which the defendant has just reason to complain, and the judgment of the court below is accordingly affirmed. ”

“ The second assignment alleges error in the action of the court in admitting in evidence, on the part of the government, a certified transcript from the office of the auditor of the treasury at Washington, showing account of I. E. Foust, postmaster at Thornton, Tex., from October 10, 1891, to May 20, 1893, showing balance due of $744.18. ”