258 F. 763 | E.D. Pa. | 1919
“No doubt a prosecution before these tribunals [i. e., federal courts] is ordinarily begun in much the same way as in the criminal courts of the state.”
The attitude of the court for this district is in harmony with that outlined by Judge Thomson, of the Western district, in the case of United States v. Wetmore, 218 Fed. 227, where he said:
“In denying the defendants’ motion to quash, we do not wish to be considered as lending our sanction generally to the practice of instituting criminal prosecutions by an investigation before a grand jury. The right of a defendant to a preliminary hearing before a magistrate or commissioner, to be informed of thfe nature of the charge against him, to be confronted with his accuser, and to meet the witnesses against him face to face — these are high prerogatives of the citizen, established by immemorial usage and precedent in the interest of individual freedom; and they should only be departed from in those exceptional or extraordinary cases where the public interest, always paramount, would seem to justify or demand it.”
The offense charged must be “with intent in any case to injure or defraud such Federal Reserve Bank, or member bank, or any other company, body politic or corporate, or any individual person, or to deceive any officer of such Federal Reserve Bank, or member bank, or the Comptroller of the Currency, or any agent or examiner appointed to examine the affairs of such Federal Reserve Bank, or member bank, or Federal Reserve Board.” The intent is an essential part of the offense. Coffin v. United States, 162 U. S. 664, 16 Sup. Ct. 943, 40 L. Ed. 1109; United States v. Voorhees (C. C.) 9 Fed. 143; United States v. Fish (C. C.) 24 Fed. 585; United States v. Harper (C. C.) 33 Fed. 471; United States v. Berry (D. C.) 85 Fed. 208. The demurrer to indictment No. 91 is sustained.
The third count is subject to the same criticism as the first.
For the reasons stated, the demurrers to both indictments are sustained.