James

Defendants were convicted of forgery, the charge being that, with intent to defraud Frank Crusius and Gottlob Hess, they forged a false and fraudulent order for the delivery of chattels, in these words: “ March 26, ’95. Please give to bearer 5 gal. beer, and oblige Frank Crushes”; and passed said order upon Gottlob Hess.

1. The evidence discloses that the defendants are Indians, and it is urged in their behalf that, inasmuch as the sale or furnishing of intoxicating liquor to Indians is positively prohibited by law and made a felony, the order in question was without legal efficacy and void, and, therefore, not the subject of forgery; that, even if genuine, it was not an instrument which the defendants were capable in law of making use of, because-the person upon whom it was drawn was not permitted to honor it, and, consequently, that the false making of it could not operate to the injury or defrauding of any. one, and for that reason the act did not constitute forgery.

This argument assumes that the supposed infirmity of the forged paper appears upon its face, and, consequently, was bound to be taken notice of by the person upon whom it was drawn. But such is not the fact. The…