UNITED STATES". CURTAIN.
433
may be drawn, to show that they had in mind that branch of the law of libel, this section of the Code should be confined to the criminal prosecution, and we cannot extend it, as we are asked to do in this case, to the civil remedY. . Demurrer sustained.
UNITED STATES II. CURTAIN. (Dtstrlct Oourt, W. D. South OaroZ(na. August 12, 1890.) FALSE
In order toqonvict a defendant indicted under Act Cong. April 18, 1884, for obtaining money or otber valuable thing by falsely assuming to be an officer or agent of the United States, it is necessary for the iury to find that he assumed to be the officer mentiQned in the indictment; that suoh assumption Wll.S false; that belllade wi,thintent to defrau(1; .and that hit lllID'iltd out such intent.
CONSTITUTES.
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At Law. A. Lathrop, U. S. Dist. Atty., for plaintiff. T. H. Cooke, for defendQnt. SIMONTON, J., (charging jury.) The defendant"stands indicted under thtnwtof' tiongress of April 18, 1884.' The testimony for the govern:Inent is to the effect that he, alleging that he was a post-office inspector; visited one Crane, a postmaster, and charged him with illegal sale of stamps; that Crane admitted the charge, whereupon defendant received from him $150, giving him a receipt in full for stamps illegally used; sighirig;it post-office inspector. The defendant, the only witness on his OWD behalf, admits the main facts. He insists, however, that tbe'sole purpose of his assumption of the charactet of post-office inspector was to obtain information, for which some newspaper would pay him. The act of congress, under which he is indicted, creates two offenses. The one is where, with intent to defraud the United States, or any perSOD, anyone falsely pretends to be ,an officer or employe, acting under the l].uthority ofthe United States, or any department or any officer thereof, and takes upon himselfto act as such. The other is where one, falsely a.ssuming such pretended character, shall demand or obtain from any person, or from the United Statt's, or any department or officer thereof, anytnoney, paper, document, or other valuable thing. The ant is indicted under this last su bdivision of the act. In order to convict him, you must answer these questions in the affirmati've: . (1) Did this defendant assume or pretend to be a post-office inspector, acting under the authority of the department? (2) Was such assumption or pretense false? (3) Did he make this false pretense or a8sumption with intent to defraud Crane, the postmaster? (4) Did he carry out tent, he in this,his assumed or pretended, chara<;ter, or of his' false assumption or pretense, defraud, or attempt to defraud, CraDe?'. . ' v.43F.no.6-28
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, ;::;.({,' nI PATENTS
v. ;;
'AURORA WATCH.
CO. ., : i.
COi1'cuit Court, N. D. Illinois. July 81,189(1.)
Claims 1 to 4 of patent No. 825,506 to Charles P. Corliss for "a stem winding and setting watch" are for a deviee·-which watch movement when taken out of the case from falling into the hands-setting engagement, and keeps it in the Winding engagement. The shifting engagements are obtained t,hrough a rising and falling pini,on! and hands,-settin,gengagement ill,rel;ldered inoperative while the movement IS III the'· tlaiIEi 'by)a.shoft; 'lug):iresairlg 'sgalllst the case and on the spring which tends to throw the watch into the hands-setting engagement. When the move\ll,l!nt, ilil ,tait,eQ from ttole Cl;\s61 tJ;L.l.$. ,Pressul:e o,n the spring, iii! released, and it becomes-'\vhb1l1 tn: the hands-setting engagement, while the winding engagement remains operative. Held, this claim was not . infringed, by device which accomplishes the'same result as to .the' MIidB-Bett.ing .' blltin whlebtM of 8vtbrilting yoke car! ,', tying. 'I1tn)inions Mi eitller end; for tbepurp()e Of the wmding anli setting engage" ,,'Jii61it8?'Witll'its 'IJarts:so 'arranged by itJeans of adjusted springs that when the . ··'''1ll.0vetiulilt istaken','(iut of<thecase thewindisg'8nd; setting pinions are ,both thrown liO that neither tlle:halia.setting ,liar winding engagement is operative.
INVENTIONS-WHAT CONSTITUTBS
',The' bill in thiscasEl seeks: an injunction and account-thtJ·alleged infringement:of the 6,rst four claims of patent granted September 1,J885,. tQ Charle.s P·. Corliss for "a stem w.inp.ing ,anq, setting watch.·" The featu.reof the patent involved in this is :;1; . thedeviqe,llsprQvides that when a watch mo,vement which is I)OrmaVy mechanism from fOJ: t,be into engagemeIit'wtll become inoperative; and the watch will remain in the winding engagement;;';':, . ' . ' ........',., ".' . '..... ' . The Claims '..now in question are: . .' :!: ", /. , ..,' '. _' . " '. " "(1).# an imprpvement. in stem winding and bands-setting watches. a winding traIn which is adapted to be place<iin engagement thewhtdmg-wheel by the of a stem-arbor. and is normally ill e.ngagemeilt with the dial-Wheels only "when the movement is in a case, stanlially, aaa'nd for the purpose specUied. (2) As an improvement in stern wateh,es, a winding and hands-setting train which is phlAed in. witl)' the. winding-wheel. by the,movement l)f and IS held nor,mally III engagement with the wheels. bl'a, which is operative for purpose only when. tJ'Je movement is 'hi a:case, SUbstantially as and forthe purpose shown. (3) As an provernent'ln stem winding <and setting Wat('hes, the combination. with a willdiuK andhands"setting train. of a spring which operates tohold said train normi\lIy:in.lilllgagement with, the when the movem.ent is in a case, for such purpostl &jfoid movement is removed frQrnits a$ and for the purpose $h(jwn.and described. (4) As an :Instem winding and setting' a 'winding and setting train which, when the movement is cased; is normally held in ment with the dial-wheels, and when said movement isremoved from its case · ,: I0 _ _ \ _
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