by the United States Circuit Court for the Southern District of Ohio

“ The condition in a bond given by a clerk of a United States Court, that he would faithfully account for ail moneys coming into his possession as such clerk, did not enlarge the obligation of the bond required by statute. The accounting for moneys in his hands as clerk was one of the duties for the faithful performance of which he was requirod by statute to give bond, and the specification of one of the details covered by the general obligation does not affect the validity of the bond he was required to execute. ”

“ Upon full consideration of the subject I feel bound to hold that this provision of this act of congress was not directory, as I was inclined to think at first; and I think no sound view of the subject will warrant any other conclusion than that that provision is mandatory, and I think it is the duty of every court of the United States to regard it and carry it out. ”

“ On the other hand, the authorities are equally numerous, and perhaps equally weighty, as to the sources from whence they come, to the effect that if there is a defective grand jury, and the indictment is found by such grand jury, all inquiry is shut out, and the party must go to trial, if the indictment itself be properly framed. ”

“ I think that any irregularity arising from motives other than those of an evil character—any slight irregularity, such as may arise in any case in spite of the greatest care and caution—is not fatal to the indictment. ”

“ All of said grand jury, so drawn as aforesaid, were not served by the marshal or his deputy, as prescribed by law. (8.) The return of the marshal indorsed upon said venire, that personal service had been made on ail of the “within-named grand jurors,” (meaning the names entered in the body of said venire,) is not true. (9.) William C. Stevenson, one of the grand jurors so returned by the marshal as “personally served,” had deceased before the issuing of said venire. (10.) The said grand jurors were not returned so as to be most favorable to an impartial trial, as required by law. ”

“ St., provides that “every person who makes or causes to be made, or presents or causes to be presented, for payment or approval,” etc., any claim against the government, knowing it to be false, etc., shall be guilty, etc. ”

“ Demurrer sustained.
↑ Prepared by Messrs. Florien Giauque and J. C. Harper, of Cincinnati, O.
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”