Horace Gray

“ By the settled rules of criminal pleadings, and by the previous decisions of this court, the words 'willfully misapplies,' having no settled technical meaning (such as the word 'embezzle' has in the statutes, or the words 'steal, take, and carry away' have at common law) , do not, of themselves, fully and clearly set forth every element necessary to constitute the offense intended to be punished ”

“ By the statute on which the defendant was indicted and convicted, 'every president, director, cashier, teller, clerk, or agent of any [national banking] association, who embezzles, abstracts, or willfully misapplies any of the moneys, funds or credits of the association,' 'shall be deemed guilty of a misdemeanor, and shall be imprisoned not less than five years nor more than ten.' Rev. ”