38 F. 99 | U.S. Circuit Court for the District of Eastern Virginia | 1889
The defendant is under several indictments in this court for having as an officer of the Norfolk National Bank embezzled, abstracted. and misapplied moneys, funds, and credits of the bank, and for other offenses. Motion is made by counsel to postpone the trial of the indictments on the ground that, before he was indicted here, prosecutions had been commenced in the corporation court of Norfolk for the same acts with which he is charged here, and should not be interfered with by this court. The penal section of the national banking act (5209 of the Revised Statutes) declares that if an oflicor of a national bank abstracts, embezzles, or misapplies the moneys, funds, or credits of the bank, he shall be punished by imprisonment. And the judiciaryact in the section defining the jurisdiction of the circuit courts of the United States, which it does in'terms that have been repeated in every act from 1789 to August 18, 1888, declares that this jurisdiction shall be exclusive in the trial of all crimes or offenses against the laws of the United States, except where it is otherwise provided. Section 5209, relating to frauds
The rule is well illustrated in respect to frauds upon national banks by two decisions of the supreme court of Massachusetts. In the case of Com. v. Felton, 101 Mass. 204, an indictment had been prosecuted in the court below, charging Martin, an officer of a national bank, with embezzlement of its funds, and Felton with aiding and abetting the embezzlement. In its original form, section 5209 of the Revised Statutes did not make aiding and abetting an embezzlement of the funds of a national bank a crime against the United States. Pleas had been entered by each defendant to the jurisdiction of the state court, based on the ground that the United States circuit court had exclusive jurisdiction. In the superior court, Ames, C. J., allowed Martin’s plea, but overruled the plea of Felton, who thereupon pleaded nolo contendere, and alleged exceptions. On writ of error to the supreme court, that court held that Martin, having been an officer of a national bank, who had embezzled funds of his bank, the case fell within the penal section of the national banking act, and, the jurisdiction of the federal court being exclusive in such a case, Martin could not be prosecuted in a state court, and the proceedings against him there, having been coram non judice, were null and void. It sustained Martin’s pica to the jurisdiction. As to Felton’s plea that the state inferior court had no jurisdiction of the crime of aiding and abetting an embezzlement of the funds of a national bank, the court sustained his plea also. As before stated, the penal clause of the national banking act did not, in its original form, make the aiding and abetting of such a bank’s funds an offense against the United States. The supreme court held that the state court had no jurisdiction of Felton’s offense, and had erred in proceeding in the case to conviction,-' because, and only because, he could not be prosecuted in the state court for aiding and abetting a crime that was hot cognizable in that court.
The other decision of that court to which I referred was that of Com. v. Barry, 116 Mass. 1. There the defendant had been prosecuted to conviction in the court below for receiving from an officer of a national bank money which that officer had embezzled, knowing that it had been stolen. The defendant had pleaded to the jurisdiction, insisting that the circuit court of the United States had exclusive cognizance. On writ of error- to the supreme court that court held that, inasmuch as