National Republican (Washington City

The Pension Fraud Cases.

The hearing in the case of George Brown was continued before Justice James yesterday in the Criminal court. The defendant was put on trial last Monday for false swearing, but his counsel withdrew the plea of not guilty and interposed another that he had once been tried and acquitted of the charge to which he was now called upon to answer. A traverse jury was empaneled to try this issue. Colonel Cook resumed his argument, cited the Constitution that a man could not be placed in jeopardy of life and limb the second time for the same offense, and then produced numerous authorities to support the position assumed by him that this was a second trial for the same offense. He compared the two indictments for perjury and false swearing. This showed that the terms of the two instruments were almost identical, especially so as far as the material facts were concerned. He further showed that the indictment for perjury upon which Brown was tried and acquitted was found under statutory and not common law, as it in express terms stated "against the statute in such cases made and provided." Then the point was raised as to the power of the notary and the pension agent to administer an oath in the manner specified, and whether or not it was valid. The counsel maintained that under the law the only persons legalized to perform that service were justices of the peace and the clerk of the court. Another question was raised as to the multiplicity of those charges, as there was really but one offense, which should be embraced in one indictment. These latter two being points of law, the consideration of them was addressed directly to the Court. At the close of the argument of Mr. Barrett, His Honor, desiring time to review the subject before rendering a decision, concluded to reserve it until to-day and at the same time decide whether or not the first indictment found for perjury was a valid one.