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acted through ignorance and in good faith, & therefore declined to prosecute him. He made an affidavit however before the Commissioner for the arrest of Hill & Sheppard, charging them, under the §30 of the act of 2 March, 1867 (14 stats. p. 484), with having conspired to defraud the United States to.

When called to the examination of the case before the Commissioner, I felt satisfied that the charge could not be sustained and therefore discontinued the prosecution and advise Colonel Beman to prosecute them under the state statute for obtaining money from him, under false pretences.

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You have called my  attention to §18 of the crimes act of 1825, (4 stat p. 120) It appears to me that the only clause of that section under which a prosecution could with any probability be sustained, is