United States v. Scott
United States Circuit Court
Indictment. The defendant was placed on trial for withholding $800 of the pension money of Mary Martin, in violation of section 5485 of the Revised Statutes of the United States. She was placed on the witness stand and detailed the circumstances, showing that the defendant, who was her son-in-law, obtained her “checks”'from the post-office, and, going together to the bank, she signed them and he got the money.
Read the full summary
Indictment. The defendant was placed on trial for withholding $800 of the pension money of Mary Martin, in violation of section 5485 of the Revised Statutes of the United States. She was placed on the witness stand and detailed the circumstances, showing that the defendant, who was her son-in-law, obtained her “checks”'from the post-office, and, going together to the bank, she signed them and he got the money. They then went to a hotel, and he retained the $800, paying her the balance. She was asked if these were her “pension checks,” and said, “Yes.” She was further asked how she “became a…
1Opinion of the Court
Hammond, J.,
{orally.) In Clifton v. U. S., 4 How. 242, tho supreme court uses this language:
“One of the general rules of evidence, of universal application, is that the best evidence of disputed facts must be produced of which the nature of the case will admit.”
And, again, in Tayloe v. Riggs, 1 Pet. 591, the same court says;
“The rule of law is that the host evidence must be given of which the nature of the thing is capable; that is, that no evidence shall be received which presupposes greater evidence behind, in the party’s possession or power. The withholding of that bettor evidence raises a…
2Cases cited10 opinions
- Comegys v. VasseSupreme Court of the United States · 1828
- Clifton v. United StatesSupreme Court of the United States · 1846
- Tayloe v. RiggsSupreme Court of the United States · 1828
- United States v. GibertU.S. Circuit Court for the District of Massachusetts · 1834
- United States v. ReyburnSupreme Court of the United States · 1832
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Smith v. Board of Trustees for ReliefSupreme Court of Georgia · 1931
- Calhoun v. LangeDistrict Court, D. Maryland · 1941
- McCarthy v. CouzensMichigan Supreme Court · 1921
- Lynch v. Board of Trustees of Fireman's Pension & Relief FundSupreme Court of Louisiana · 1906