•

REME COUR

OF

NNSYLV ANIA .

April Term, 1719. [41•

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E ~ruBLIC 4 'V. CORNELIUS SWEERS.

rpo a e from the period oftbeir assoeia-

m "n i~ zc, Ield at Philadelphia in 0 em-in ieted for F01·f!,ery upon t\VO Dills. The

rn v certiorari returnable into this court, on the110\, ing· and the issues, on not guilty pleaded, were

cial jury on the 14th .f1pril, 1779, when the defendantpon h indictments. Afterwards he filed reasons in ar-

en hicl a recapitulation will be found in the sentencee e rea ons were argued, and over-ruled, on the 19th

onth,

tDdlCtlne,llt \ a fo altering a bill of parcels and receipt givenfor good bought from her, with intent to defraude charge as set forth in the following words:

46 CA E J.. II t [1779.

£.83 5 715 15 0

282 16 10

" 1778, -Fe-b.

" u_e of til

381 17 5ered to me for the

C ORA~-, Captain oftlu! Arlillery.U and on the back ide of which said vrriting is indorsed and written. the" words following ; Received the within contents in full J argaJret Duncan:" He the aid Cornelius Sweers, afterwa ds, to wit, on the same day and"year. aforesaid, at Philadelrhia aforesaid, in the county aforsaid, with" force and arms, the said bil of parcels or writing, falsely, fraudulently," and deceitfully, did alter, and cause to be altered, by falsely making, forg-"ing and adding the figure 4 to and before the figure 9, in the second item"of the said bill of parcels or riti ,w ich figures and letters did, be-" fore such last mentioned forg r .,impor an signify 1 ine yards, but by"rea n a ean of sue a st m (one 11 e r an addition, did be-"come im lot an i f j~ ( fort -n- yar ~. an al 0 by forging and al ..'tering 1 1 U 1 1 ..,UI 0 th aid 0 d item in the billof par ..u ce 0 ;vritir ~ ;: d to he fi re 4.} ; , hie figures did, before 'such"mentio e . n at d f lb r it ort and signify fifteen pounds, and"fifteen illinzs 1 rea on and C' I of such last mentioned altera-'" tio id or erv i b com , import; and signify -eighty-five pounds and'fifteen hillu g...; an a) 0 b falsely forging and altering the figure 3 to" the figur , a b fibure to the figure 5, in the sum total or amount" of the aid bill 0 r els or , riting; which figures did, before such last"mentioned forger'y no alteration, import and signify three hundred and"eighty.one pound, e ·ente~i ~h:Jling and five pence, but, by reason and" means of such last mention-ed fo ery (d alteration, did b~come, import"and signify four hundred and fifty-one pound"'] se\'enteen shillings andn five pence, with intention to defraud the United States of America afore .."said, of seventy pounds, of la\vful money of Pennsylvania, to the evil ex-" ample 0 all others, in like case offending, to the great damage of tile" said n "ted States, and against the peace and dignity of the common ..

" \ ealt of Penns!Jivania." . .43.] The econd indictment was for forging a reeeipt, purporting to be

-~:_"~j a eceipt from one .I1dam Foulk, with intent to defraud the UnitedStatel. It:va e pressed in the following words:" Philadelphia COl ntJ , S ..

"The jurors fo the commonwealth of Pennsylvania, l1pon their oaths

1779.] SUPREME COURT O~" PENNSYLYANIA. 47" and affirmations, do present, that Cornelius Sweers, late of the county"aforesaid, yeoman, on the first day of July', in the year of our Lord one"thousand seven hundred and seventy-seven, and long before, and since," was a clerk to the department of the Commissary General of military"stores, in the armies of the United States of Ame1ica, and entrusted and" employed by Colonel Benjamin Flowers, the Commissary General of" military stores in the armies aforesaid, and by the honorable ContinentalUCongress; to make payments, and take receipts, bills of parcels, and" other vouchers, for military stores, and for divers articles, necessary and"fitting in the preparation of military stores, purchased for the use of tbe"armies aforesaid, and to keep the accounts thereof: And the jurors" aforesaid, upon their oaths and affirmations aforesaid, do further present," that the same Cornelius Sweers, on the same day and year aforesaid, at~'the city of Philadelphia, in the county aforesaid, contriving and intend-" iog, falsely and fraudulently, to deceive and defraud the United States"aforesaid, with force .and arms, falsely, wickedly ana unlawfully, did"make, forge and counterfeit, and cause to be made, forged and counter-" feited, a certain writing, purporting to be a receipt for one thousand and" twenty pounds and fifteen shillings, and pur-porting to be signed in the"name of one . .!ldam Foulk, in the words and figures following, to wit," 3 Rec'd I t July 1777, of Col. B Flowe'r, C. G. M. S. one thousand·and"t ent round ] b for 8 0 bone elt and 9 0 cartouch bo es for

( eaADAM FOULK.

o the evil example of all others in like case offending, to the great da-" mage of the United States, and against the peace and dignity of the com-monwealth of Penns!Jlvania. And the jurors aforesaid, upon their oathsand affirmations aforesaid, do further present, that the said Corneliu6

U Sweer$, contriving and intending the said United States, falsely and frag .."dulently, to deceive and defraud, then and there, with force and arms," the said writing, so as aforesaid falsely made and counterfeited, purport., ing to be a receipt for the sum of one thousand and twenty pounds and" fifteen shillings, and purporting to he signed in the name of the said"Adam Foulk, wickedly, unlawfully and fraudulently, did publish, and·, cause to be published, as and for a true writing arid receipt of the said" Adam Foulk; which said falsely forged and counterfeited writing, is in"the words and figures following, to wit! -u 3 Re d 1st July 1777,'" of Col. B. Flower, C. G .. M. S. one thousand and twenty pounds [44." 15$. for 820 bayonet belts and 92Q cartouch boxes for the use of"the army. f ~

ADAM FOULK.

(be the said Cornelius Sweers, at the time of publishing the said false andcounterfeit writing there by him in form aforesaid, well knowing thesaid writing to have been falsely forged and counterfeited as aforesaid,)to the evil example of all others in like case offending, to the great da-mage of the said United States~ and against the peace and dignity of thecommonwealth of Pf1lnsylvan'ta."

48 C S IS I T TIlE [1779.

The prisoner being b 0 10' It

M'KEAN, Chief Justice, add' sentence,

Sentence, on the firs indict ent :-1 fine of 7 1. and imprisonment un-til the 4th of July, the anniversary of 4'(J2~1·ican Independ~nce.

eutence, on the second indictment: A fine of 10201. and imprisonment\ I it t e next annual election for Pennsyl'1)ania, and standing in thepit 0 for ne hour.(a)

(a) (ee lot. e publica v. Tei cher, 2 Dall. Rep. 299, in note, 3 Dall,Rep. 54. J\_capubUca v. J'owell, P08t. [47.] Common1vea},tl" v.Tuile, ...rated post. [ 7] in note. Com. v. Eckert, 2 Browne, !5 I. Penn-

$ylvania v, M'Kee, ddt on, 3S.}