John McLean

“ They contain a promise to pay money by the United States, and they are substantially and technically embraced by the law. And we think the averment, though not very technically expressed in the indictment, that the defendant received the notes, knowing them to have been stolen from the mail, is sufficient.
We think also, that the letter M, which appears on the face of the note, is a material part of it. It limits the interest on the note to one mill per centum, instead of one per centum, as stated in the indictment. ”

“ We think, under the circumstances of the case, that parol proof may be received to show the meaning and effect of the letter M, as inserted in the body of the note; and if such evidence shall establish a substantial variance between the note described in the indictment and the one offered in evidence, it must be fatal to the prosecution, whether such evidence be submitted to the decision of the Court or to the jury, under the instruction of the Court. ”

“ This cause came on to be heard on the transcript of the record from the Circuit Court of the United States for the eastern district of Virginia, and on the points and questions on which the judges of the said Circuit Court were opposed in opinion, and which were certified to this Court for its opinion, agreeably to the act of Congress in such case made and provided, and was argued by counsel. ”