146 F. 202 | N.D. Ill. | 1906
This is an indictment for violation of .the provisions of section 5438, Rev. St. [U. S. Comp. St. 1901, pi 3674], The part of the section under which the indictment is drawn is as follows:
“* * ⅜ Every person who knowingly purchases or receives in pledge for any obligation or indebtedness from any soldier, officer, sailor, or other person called into or employed in the military or naval service any arms, equipments, ammunition, clothes, military stores, or other public property, such soldier, sailor, officer, or other person not having the lawful right to pledge or sell the same, every person so offending in any of the matters set forth in this section shall be imprisoned at hard labor for not less than one nor more than five years, or fined not less than one thousand nor more than five thousand dollars.” - ' .
; It appears that Edward Hart, the defendant, on a number of different occasions at his place of business in Highwood, Ill., purchased and neceived in pledge from soldiers employed in the military service of the United States at Ft. Sheridan certain articles of clothing, consisting'of ■fur .caps, fur gauntlets, capes, and coats, which articles had been previously issued to them as soldiers by the United States. On motion to take from the jury, the question arose as to whether certain articles of clothing, namely, caps, gloves, shoes, and coats, which had been issued to soldiers in the service of the United States, and by them sold
Jury instructed to return verdict of guilty