'etal. v. WELSH et ai.
'(CircUit Court, D. South OaroUna.March7,1890.;
(SVUa1YU8 ,1111 the
The evidence may be very conclusive that ODe Jlurchased a stock of goods with the 10rmed, intent to sell' it, immediately, and to ' Q.oldthe in fraud of th& .whom he 'pUl'chased; but mere suspicion, however grave it be, will not , ,be sufticient to convict'his vendee of fraUdulent collusion, if hiS'VBl'ticipation. in the fraUd isn.ot made out b7 ole&l' prepollderanceof testimony. '
;. InEquity. ,
,'",,' " ' and & Lee, for L. F. Youmans, for : " , '
: ,This isablU hi equityfile<l by certain citizens of Maryland to set a sale of a iltRckpf goods in La,ncaster, S., 9. ,mp-de on the 22d by the W t9 his,co-defendant, ]3. F.W'elsh, of!r,R. Welsh.;Tbe facts'in the case present no great difficulty, in cOll1ing t9 the conclusion that T. J. had a well. settlEld determination to, buy as many goqds as vendors in Maryland and elsewhllre, over anxious tosell,-perhaps too credl.llous,-would sell to };lim', without the most remote eXpe,lltlltion 011 his part orpaying for them. Shortly, after his r.eturn',to of the goods, so easily he sold out'the whole stbck in trade to J. R. Welsb.. 'rpeprice paid by his bl'Atber,as th,e goods ",fair ?ne,provided it lIoctually paid. ':J.'hJe of',tllis is you credit the witnessesJ()r tbe defend. antj'and It qUltecertalD tbat J. R. Welsh, the wasabundantly ltbleto:make thepurcbase and pay for the goods. "As to the cred· ibility of for <;lefendani, while .their is unshaken. by it" suspiciously untrue, bl.lt, ·unless better prpofis it, we suppose it must stand,. ' The burden of proof to fraud in this transaction is on the complainants, Wpich ;burden, "iljldeed, assumed; but, have suoin' rajsing,avery dark clOUd of whol!:! transac-: they affirmatively sho""il t};latJ. tllereal pee, was at all a party to fraud,or,had any l'eason.fusuppose h!:! was 0D:e. , .)Tll!:! billw.ill be dismissed, with divided.
sat.in this ,and, while 'be ,has not seen "bove, coincides.}n tbejudguient.., '. .,; ';, . .
(Dl8trict Court, N. D. Iowa, E. D. March 6, 1890.)
1. CLERX 011' PAPERS IN 'CRJ;HINAL CASES. ., . Under the statut!'! (if the,United States giving a fee of 10 centll for filing and en·' tering every declaration, plea, or. other paper, the clerk is entitled to that fee every material paper properly sent up by a commissionEll:'ill a, criminal case, and IS not required to bujl(\le together, andflle as one, all the papers except the final recognizance. 9.. SAJotE-FILING APPOINTMENTS or DEPUU·MARSJULS AND REOO'RDING .OnRS. It being the clerk's duty to file the appointments of deputy-marshals, and record their oaths of office, he is entitled to receive the fee therefor from the government, whether Or not the government can reimburse itself from t4e S. or IWDIOTME:lJTS IN OTHER THAN CAPITAL CASES. Under Const. U. S. amend. 6, entitling the accused "to be int'ormed of the nature and cause of the accusation," he is entitled to a copy of th,e indictment, though Rev.St. U. S. § 1033,. proy-ides furnishing such copy only ill cases; and the 'clerk is accordingly entitled to pay for preparing tlie copy.'
.,' SAME-ENTRIES ONJAOll'ETS.
"Fees entries on t4e Jackets in which the papers are inclosed, showing the date of disposition of the oases, and the pages of the record where the proceedings will ,be found, are covered by the general cliarges for indeXing.' .
, · ' , , .
SA:u:E-"ENTBY OF RETURN OF, GRAlQl JURY.
For entJ;'y of the return of a granu jury, the clerk is entitled only to the statutory folio f e e s . ' " ' : ..
6. SAME-'-DOOUT FEES-CASES IGNORED BY CoMMISSIONER.
The plerk is entitled to the fee "for making dockets, taxing costs, and other services in a cause which is dismissed or discontinued, "in cases brought before a commissioner where the' defendant was held to appear, though the grand jury ignored the case, ,and it was therefore dismissed. ' SAJotE-AUTHENTIOATIWG ORDER 1"0R PAYMENT or JURORS' AND WITNESSES'FEES. . Orders for the payment of witnesses' and' jurors bY the marshal should be authentioated bf the signature ,of the clerk, with the sealattaclied, and the clerkia therefore entItled to chal'ges for affixing seal.
8. SAME-ENTERING ORDER FOR TRIAL-REOOlt1>ING VERDICT. The fee allowed "for making dockets, indexes, vErn:WelI, taxing coats. and all other ,services on the trial or argument of a cause, does not inolude entering
the order for trial, and recording the verdict.
9. SAJotB-FILING I'REOIPESPOR BENOH-WARRANTS. TIie·clerk is entitled to fee. for filing prmclPeB for bench-warrants by the dIstrict
10. S4ME-FINAL REOORD IN' .CRIMINAL CASES.
Under a rnle of cou,rt providing, in th,e absence of stst,utory, provisions, tha,t in criminal cases the final record shall include the order made ]:)y the commissioner binding the defendant to appear before the grand jUry, the clerk is entitled to pay for entering the return of the commissloner in the final record; and it cannot be 'contended that there is no case in court until indictm,ent found. Where a case is removed from one division of the district to another, the clerk cann()t recover the fee allowed for "services in a cause which is dismissed or discontinued. "
BAMl!:-FEE 1I0R DISOONTINUANOE-REMOVAL TO OTHE·BDIVISION.
Though Rev. St. U. S. §829, fixing the marshal's for service of subpcenBll forbids him to make a further charge for copy, the clerk being required by rule of court to make copies to be left With the witnesses, is entitled to recover pay there
At Law. Petition to recover for services 'Bsclerkof courts. A. J. 'Van DtLzee, pr08e. 'P.'P.Murphy, U.S. 'Dist..Atty. , for Jefendant.