FORM XXVI.-MARSHAL'S RETURN TO COMMITMENT TO
PENITENTIARY.

I have executed the within writ by transporting the within named to, and delivering him to the keeper of the

together with

a certified copy of the within mentioned judgment, sentence and order, as I am therein commanded, this

day of

A. D. 19-.
United States Marshal,

by

-, Deputy.

FORM XXVII.—CRIMINAL INFORMATION.

[From Roe's Criminal Procedure in United States Courts.]

At the

district of

and

term of the

Court of the United States for the

in the year of our Lord one thousand nine hundred leave being first had and obtained, comes

attorney

for the United States for said district, and informs the court that, as appears from a complaint, under oath, now placed on file herewith, one late of the district aforesaid, heretofore, to wit; on the

day of A. D. 19—, within the said district, unlawfully did then and there, on the day and year last aforesaid, contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America.

United States Attorney.1

FORM XXVIII.-INDICTMENT.-GENERAL FORM.

[From Roe's Criminal Procedure in United States Courts.]

The grand jurors of the United States of America, chosen, selected, and sworn, within and for the district of, in the name and by the

authority of the United States of America, upon their oaths do find and present that late of the district aforesaid, heretofore, to wit: day of in the year of our Lord one thousand nine hunand within the said district of, unlawfully did

On the dred and

then and there -, contrary to the form of the statute in such case made

1 For Form of Information for Criminal Contempts see Contempt Form IV, supra.

and provided, and against the peace and dignity of the United States of America.

2d. And the grand jurors aforesaid, upon their oaths aforesaid, in the name and by the authority of the United States aforesaid, do further find and present that late of the district aforesaid, heretoin the year of Our Lord one thou and within said district of

day of

un

fore, to wit: On the sand nine hundred and lawfully then and there, on the day and year last aforesaid, at said district, did contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.

[Endorsement.]

United States Attorney.

A true bill.

Foreman of Grand Jury.

FORM XXIX.-INDICTMENT FOR OFFENSE ON THE HIGH SEAS.

[From Roe's Criminal Procedure in United States Courts.]

The grand jurors of the United States of America, chosen, selected and sworn within and for the

by the authority of the find and present that

fore, to wit: On the

United

day of

district of, in the name and States of America, upon their oaths do late of the district aforesaid, hereto, in the year of our Lord one thousand nine hundred and on the high seas, within the admiralty and maritime jurisdiction of the United States, and out of the jurisdiction of any particular state, and within the jurisdiction of this court, in and on board a certain vessel, to wit: the ship called [or a vessel the name whereof is to the jurors aforesaid unknown], the same being then and there owned by and belonging in whole or in part to a citizen or citizens of the United States, to wit: late of the district aforesaid [or to the jurors aforesaid unknown], did , contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America.

[Endorsement.]

United States District Attorney.

A true bill.

Foreman of the Grand Jury.

FORM XXX.-INDICTMENT FOR OFFENSE COMMITTED AT A PLACE WITHIN EXCLUSIVE JURISDICTION OF THE UNITED STATES.

[From Roe's Criminal Procedure in United States Courts.]

The grand jurors of the United States of America, chosen, selected and sworn within and for the in the name and by the

On the

dred and

day of

district of

authority of the United States of America, upon their oaths do find and present that late of the district aforesaid, heretofore, to wit: in the year of our Lord one thousand nine hun within the (navy yard) in the city of, in the district aforesaid, the site of which said (navy yard) had been before the said day of in the year last aforesaid, ceded to the United States, and which said (navy yard) was then and there a place under the sole and exclusive jurisdiction of the United States, and out of the jurisdiction of any particular state, and within the jurisdiction of this court, did -, contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States of America. United States District Attorney.

FORM XXXI.-CONSOLIDATED INDICTMENT FOR VIOLATION OF NATIONAL BANKING LAWS.

[U. S. v. Morse, 161 Fed. 419.]

FOR THE SOUTHERN DISTRICT OF NEW YORK.

Of the January Term, in the year nineteen hundred and eight.

Southern District of New York, ss.: The Grand Jurors for the United States of America, empanelled and sworn in the Circuit Court of the United States for the Southern District of New York, and inquiring for that district, upon their oath present, that before and during the three years last past, under the laws of the United States, all banking associations organized, established and existing, and in operation and doing business, under and by virtue of the laws of the United States concern

ing national banks have been subjected to visitation, and their books, papers and records to examination and security, by agents appointed in accordance with law by the Comptroller of the Currency of the United States to examine the affairs of such associations and report in detail to him the condition of the same, and whether any improper investments or uses were made of the moneys, funds and credits of such associations, in order that he might approve or disapprove of the management of the affairs of such associations and take appropriate action in the performance of his duties under the various provisions of the said laws in that behalf made; that under such laws, every such association, upon request being made therefor from time to time by the said Comptroller, has been required to make and transmit to him not less than five reports during each year, according to the form prescribed by him, which reports were required to be verified and attested in accordance with law, and to exhibit in detail and under appropriate heads, the resources and liabilities of each such association at the close of business on past days specified by the said Comptroller in making his several requests for the same, and particularly the total amounts of money loaned by each such association respectively upon promissory notes, and the total amounts of bonds, securities, etc., including corporate stocks, owned by such association; that inasmuch as each such association established and doing business in the Borough of Manhattan, in the City of New York, has done such a great volume of business that it has been required to employ numerous clerks and bookkeepers to keep the books of account of the same and make up the aforesaid reports for verification, attestation and transmittal to the said Comptroller, the work of keeping such books and making such reports has been to a certain extent necessarily mechanical, and entries once made in such books have in due course of business appeared in or been the basis of other entries which appeared in and have necessarily affected the said reports so made by the said agents to the said Comptroller, as well as those made by the said association to the said Comptroller, and those made as hereinafter set forth by the Comptroller to Congress, without such clerks or bookkeepers necessarily having any knowledge of the truth or falsity of such entries or of the true circumstances underlying the making of the same, or pertaining to the transactions upon which they were respectively based that in so examining the affairs of any such association in the said borough, the said agents so appointed by the said Comptroller for that purpose have been compelled, by reason of the great volume of business transacted by such associations, to accept the said books and the entries so made in the same as true, when the same appeared to be consistent and regular, and especially when entries showing loans were accompanied by entries, records or share-certificates showing the possession by the said association of apparent collateral security for such loans-it having been impracticable for such agents to inquire into the circumstances underlying the making of each such entry or pertaining to the transactions upon which they were based; and that the said Comptroller by law has been required to make

an annual report to the Congress of the United States, at the commence. ment of its session, exhibiting, amongst other things, a summary of the state and condition of every such association from which such reports have been received by him during the year preceding the making of each such report; which said reports to Congress have necessarily been compiled from and based upon the reports so made to the said Comptroller by the said agents and by the said associations, and have been and are of great importance and indispensable as aids to the performance by the Government of the United States, through the said banking associations, of its official functions pertaining to the borrowing of money on the credit of the United States, to the obtaining of money, through taxes, duties, imposts, and excises, for its use, and to the providing of agencies for its fiscal operations and a stable and uniform currency for the use of its people.

And so the Grand Jurors aforesaid, upon their oath aforesaid, do say, that the said agents appointed to examine the affairs of the said associations in the said borough have, in manner and form aforesaid, been charged with the execution of a governmental duty in ascertaining the true state and condition of the affairs of such associations, and reporting the same to the said Comptroller; and the said Comptroller has been charged with the execution of a governmental duty in receiving and considering such reports from the said agents and associations and approving or disapproving of the management of the affairs of such associations, as shown by such reports, and acting as required by law in either case, and also in reporting to the Congress a summary of the state and condition of such associations as they appear from such reports and the United States has had important fiscal and other governmental functions to perform in the premises.

And the Grand Jurors aforesaid, upon their oath aforesaid, do further present, that Charles W. Morse and Alfred H. Curtis, each late of the said -Borough of Manhattan, in the said City of New York and in the said Southern District of New York, at all times from March 28th, 1905, to October 21st, 1907, at and within the said Borough, City and District, were Directors and were officers, to wit, Vice-President and President respectively, of The National Bank of North America, in New York, which then and there was a banking association theretofore organized and established, and then and there existing and in operation and doing business, under and by virtue of the laws of the United States concerning national banks; that the said Charles W. Morse and Alfred H. Curtis, so being such officers of said association, and well knowing all the premises aforesaid, there and then, to wit, on the eighth day of December, in the year nineteen hundred and five, at and within the borough, city and district aforesaid, unlawfully did conspire, combine, confederate and agree together, and with divers other persons to the said Grand Jurors unknown, knowingly, wickedly and corruptly to defraud the United States of, concerning and in respect to its governmental functions aforesaid, in the manner and for the purpose in this indictment next set forth, that is to say: