Page:Federal Reporter, 1st Series, Volume 2.djvu/563

The United States vs. Ambrose.^[1]

(Circuit Court, S. D. Ohio.⁠May, 1880.)

United States District Judge—Power to administer Oaths.—1. A judge of a district court of the United States has the power to administer oaths in matters arising in his court, or coming before him as a judicial officer of the United States. Such power is incident to his judicial office.

Same—Oath of Clerk to Accounts with Government.—2. The administration by such judge to a clerk of a United States court of the oaths required to be made to his accounts with, and returns to, the government, is such a matter, and is within his power to administer oaths.

Clerk’s Accounts—Oath to—Perjury.—3. Whether the sworn statements required to be made by a clerk of a United States court, in his accounts with, and returns to, the government, are “declarations” or “certificates,” within section 5392 of the United States Revised Statutes punishing perjury, quære.

Demurrer to the Indictment.

The defendant was indicted for perjury, under section 5392 of the United States Revised Statutes, in swearing to his accounts against the government as clerk of the United States courts for the southern district of Ohio, and his emolument returns to the attorney general, before the United States district judge for that district. The first count charged the defendant with making oath to a false “written declaration by him subscribed,” in swearing to his account against the government for the six months preceding January 1, 1879; the second count the same, in swearing to his emolument return to the attorney general for the six months preceding January 1, 1879; the third count the same, in swearing to his emolument return for the six months preceding July 1, 1878. The fourth count charged him with making oath to a false “written certificate by him subscribed,” in swearing to his account for the six months preceding January 1, 1879.

Channing Richards, U. S. Dist. Atty., for plaintiff.

George Hoadly and Edgar M. Johnson, for defendant.

Swayne, J.⁠Two objections are taken to the indictment

1. Prepared by Messrs. F. Giauque and J. C. Harper, of Cincinnati, O.