UNITED STATES II. BROWN.
Atlantic to a port'on the Pacific, and vice ver80, (section 12 of the act;) and by a proviso it was expressly declared that the section should not apply to masters vessels that touch at foreign ports. This was inserted ex industria, lest that class of vessels might be supposed to be included in the phrAse, "on a voyage from a port in the United States to any foreign port." In U.8. v. The Grace Lothrop, 8Upra, the supreme court, speaking with respeyt to a vessel in the Qoastwisetrade,' declare that the act of 1874 is "an explicit declaration that never intended that the original act should apply to vessels engaged1n any part of the coasting trade, except that between the Atlantic and Pacific coasts;" It is quite as clear that congress never intended the act to apply to the lakegoing trade. ,The act had referenc.:e to ocean navigation alone. Within a year after the passage the act, congress abolished. the nece:sslty of ,shipping articles with respect to vessels engaged in trade betweenth'e United States and theJ3ritisn North American possessi.ons, the West islands, and the republic of Mexico. 17 St. c. 35, p.410. ' It b'annd"t ,that the power designed the restrictions as to va,ssels tradirigwith neighboring foreign ports,to'exempt vessels in 'the coastwise tradif(exceptbetween Atlantic and Paciticportg,') but not vessels in the lakelgding trade. The act waS iiuinifestly to extended ocean voyages. It is also to be that in the originlJI act the terms '''coastwise trade" and "lake-going t"i-ade"'are used incontradistinction. The act of 1874 clearly expresses the intention of to restrict the shipping commissioners' act to ocean navigation, excludirig all coastwise trade except that between Atlantic and Pacific ports. In Burdett v. Williams, 27 Fed. Rep. 113, 117, it was ruled that, sincethe act of 1874,none of the provisiollsof the act of 1872 apply tovesaels in the trade between'the United States and the British North American pOl;!sessions, or in any case where seamen are entitled to participate in' the results of a voyage. Like construction excludes vessels engaged in commerce on the Great Lakes. ,The demurrer is sustained, and the defendant discharged.
(Dtstrict Court, E. D. Sout1l. CaroZina. October '11, 1889.)
A sworn ,confession, made long anterior to trial, and nOt. prelimiuary t.hereto, 18 admissible In evidence. ,
SAM_DEFENDANT AS WITNEss-ImlEACHMENT.
Where a defendant in a criminal: case becomes a witness forhlmselfj under act Congo March 16, 1878, making him a "competent" witnes8, his credibility I!J.ay be impeached. '
It is a violatlonof.:Rev. St. U. S. 55485, which forbi<Js any agent or attorney or qther,person InstrumEintal in prosecuting any claim foi'pension directly or indirectly to' contract for, demand, ,receive, or retain any greater Compensation for his t.l1an t25, to eQntract such '1ervices for more than t25; to demand more than that sum for such services after rendering them without a contract;1iO
PENSION A:GENT8-lLLilGAL FEBS-REV. ST.
U. S. 55485.
f, .. ,
, , ", i w,of'1!he seotion. , .. t·
by wA!c;ll. undel,"tp,e guilileof a l0ll-D, a o.r a claim agentretaiDs mOre than tb,e legal fee, ill aVlOlatlon _. - .
"'" _ ".':.':" '
.' :,: ..
yioiatiQp -of )lev. St. U. S. § 0485, by Charging a ; , j AbiqJ:J4t1l.rt?P,U. &.:]Jwt.Att,y,.:, ." J",. :/iltaq4·: reduCed to,
. i-: t " ':
: :"" ,:'
. -.plM.ed asp.eCial.,.'. p.ens.ion on. by dl!fendant to l1:lm, ! P,('lfelldant>obJe,cted,on the grollnd " 22,5.
_ ,'" .
:f"f', .-; ,",'
! i : . ".'
,¥r., tOi,l:\, .F9pfesaioD,j made,
,. Jl!1 exa!D'mmg whlcbJh,e ,or to the agent oithe :to ,e:lCl!:llJ,ilfati?Ils.before the
,was. put upon disgi,et attorney sougl1:Uo put i;nevidence attorney.
·. ip It privilege him by the act approved 16th March, 1878, gges Qp,the stand as It witness in his own behalf, he subjects himself to all the exwitnesses. The act makes ceptions which can properly him a competent, not a credible, witness. His credibility can be attacke?, as in the ·.. T.his is the rule in South Carolma. State v. Ro1Jemon, 26 S. 0.117, 1 S. E. Rep. 443. I am sat,\" " isfied
All the testimony being in, the delimdant's attorney, requested the court of section.5t85,R,(llt:St., apply only while the relation of atto:rneY:AP:d, c.lieotorprincip,alandageqt pensi(ffier'and:the'pel'l!!on chatigedwith receiving the by defendant afte.l'the pensioner had the check in-:hand, and w1ren.themQneywas in her posses'yiQlati9n .): .. ·. Tlle.·:olstrwtI&ttorne;y the court to :cha.l'ge' the jury that if the
i!i r::, ....
459 and was giVen by the Of as a mere gratuity, ol'from tnotives.ofi gratitude; for bit;; instrumentality in obtaining the pension, tbe receiptofthe moneyisav:i'olatroo tlHhe section. l
'SIMONTON,J., (chargingjiiry.) 'I willnotadbpt eitperofthe requests to submitted to Die;' The section in qtiestion forbids any agent or attort'leyor other p'ersoniristrumental 'in- prosecuting any-claim for a a pension directly or indirectly to contract for, demand, receive',or retain any greater compensation for his services or instrumentalityin prosecpt. ing a claim for pension than such all is provided pert-aiJ'ling to pensions,-in this case, $25. If you find that the defendant made a contract with the pensioner llmler which he agreed to render his services in obtaining or securing the pension for more than $25, he has violated the section. If there were no contract, and the defendant, having rendered the service, demanded ,from: the pensioner,when she received her check, or at any time after it, inore than $25 for his services or instrumentality in obtaining the pension, he has violated "the If when she received her check .the defendant went with ,her, andqr13w or in drawing the money, and withheld or retained .more 'than $25 oOd6r his services or instrumentality in 'obtaining.thepension; hehas the section. If thepensioller, hasing come il1to the of ,her ()fso,me promIse made, by her to hIm, or pursuant to any contract made betweeIiher and or induced by eDy' understanding or agreement, or il\direct, eXprElIlS or impliecl, 011 by.any legal or moraIobligation wniltf:ipgver betweenthe.tn, either adtnitted by her or set up 'Imd received ,theinoney, he has vi91ated the sectiol,l., :Ifshe,'gllve hiql"the of her own free will; without any deml;lDd· Qn his. part, it Dot' being witllheld,c:>rretainEld byhiql against herwish I wholly lis a gJ1l.tuity, out of gratitude to him for a friendly s3rvi.:e,.not induced bythelfact that a promise or understanding existed by which he should be sated for his services; or by his setting up and insisting upoDSu<lh a promise or understanding; or, in the itbsEmce'ofH;by merit or desert on his part for such service;qin other words, if the mohey was paid to. him without any demll,nd. reque,st, urgency, or action 0!l his part by her; of her own iridtion;--he has not vitil'ated,the if It has'beeh assutned that ,the defendant 'received from: the pensiMer more than $25. Both sides admit' this.' The district aUorl1eY 're;. quested' the court to chargeyoti thatanyschethe or contn vl'ince by which; under the guiBe of a loan, a mortgage, or a gift, or otller dealitiit,ithl!l claim agent retains more thliD the legal fee; lea violation ofthis Ichnl'ge you in those words, concurring fully 'with JUdgeH.untoND in the case of rI., S. v. Moyers, 15 Fed. Rep; '411, which has' boon 'One more point must be [email protected]
,defendant inaiststhat! this proves that no marriage exnot marry. it necessary,.I would charge isteP,·as slaves yoq ,tlJ.at this testimony would. estal:>lish a marriage. It is not necessary. On 19th December, 1865, the legislature of South Carolina declared that aU colored persons who at that, qate were living together as husband and wife were husband and wife. 13 St. at Large, S. 0.269. If the permioper and David Deas in 1865 were living as husband and wife, she is ll,is lawful widow.
the defendant gullt".
SHIPMAN 11., BEEBElt
(Oircu4f1 Op.urt, N.D.
;, ;.1. -:.; .: ' . . ; ( __ . _ _'.
,f'"ork. .December 8, 188t.)
j \.:" _. ',; (DBINGl!HBm.' OP :P",TENTS-PRIOR. STATlII ,0" 'nDI ART- BUTTONS
, . , :Letters"patentNo; 857,237, 'P'ebruwty 8, 1887, to M. G, f::lhipmBn was for an Inven. t. 'tlQU: QOl1l\lsting of forr gll'l"UJents, leather. etc. bltttonmember ,consisted of a stud, having a head, neqk, and outwardly spreading base, and of i the stud, ora separate pal't; .The stem cebtmIiltem,whichimay be intligral>wftli wa,s allllopted to pas!! through the IItud, the fabric on which the base of .the stud rested! and tobe clinched on the opposite side of the fabric, with or with. out & washer, tnus fastening the button.'member,of the combination flrmly to the ,fabrip. ,None of the draWings but.!t is il1.&l1 cases witht1l.e stud. An earlier patent ,to oue Platt QOnsisted a tubular stud, With a J!ange"t'right angles to the base, andbi it.n inner tubular"1llBmber, ha....ing a flange, lNld an "erelet." 1,lhe parts were'united. by placing the QutElrtube on one side o( the fabric, WIth its flange resting thereon, inserting the iriner tube through tlie fabria in'tothe outer 'tube, and compreSSIng the Parts together. Defendants WIt\Cl a contrivance similar to the Platt pawnt, that t,he stem differed from the eyelet ot the Platt patent slightly iIi formI and in proportion of its diameter to that. of the stud. Held that; in view ot the pr or state of thear.... defendants did not. int$getu,e Shipman'patent. _ '(', '
,,lVitter¢Kenyoo, Johrl, R,., Bennett,fQr <iefendant/!.;
,r; ';,' ; .. .\
, -.U' :.!
W AHLA,<!Jjl J· The ,complainantallegea that the infringe 6 357,237, dated February 8, 1887, gran,ted tq MadisonG.rShipman. which i,s,the subjectof buttpPIl. It fastening device composed of .two. QrganilOOd membj:lrs, respectively, tq th/il two parts of the arpedastened tggether. ,One ,Qf garmeijtto ,be fasteneq"and the. other t1w qutton proper. :E-Il' such it ,eacpof the two, Ipi!f:llbers will atimit .()f·beiQg fastllfwqsecurelytoJhe faQricof the glove,:shoe,.or, garment, pond, will!sp c,o-operate,'oNHh the other tl111Uhe artic1ecap be readily butMid beeH:ectually heldwholl!Quttoned. In state of the art,the ,essential Jloveltyof the inventions consists: in ,a. new organization of two of the parts of the