United States v. Johnson

This matter is before me upon motion for probation made by the defendants Elmer J. *659 Johnson and J. R. Vasco. These men have pleaded guilty to an indictment charging violation of 38 USCA § 555, making false oath to a Veteran’s Bureau. Defendant Johnson is the veteran and defendant Vasco is the doctor who made the false affidavit in behalf of Johnson. Defendant Johnson made false affidavits as to where he was working from 1924 to 1926 and as to his having been examined by Vasco in May, June, or July, 1925. Defendant Vasco made a false affidavit to the effect that he examined Johnson on June 4, 1925, and found that he was suffering from pulmonary tuberculosis; he had made no such examination of Johnson at that time. He received $125 from Johnson for the affidavit. As a result of these affidavits, Johnson received certain compensation from the Veteran’s Bureau. I, regard these as serious offenses committed by men of maturity fully conscious of the nature and consequences of their acts.

The probation law is founded upon humanitarian considerations, and is designed to prevent crime and restore to the ranks of upright citizens many, who through ignorance, youth, inexperience, or…