
    United States v. Jane Byers.
    Upon the trial of an indictment for stealing a note of the Bank of the United States, it is not necessary that the United States should prove that it was a genuine note of that bank, otherwise than by producing the note itself; nor that it was the note of a chartered bank.
    
      Mr. Hellen, for the prisoner,
    required that the United States should strictly prove that it was a genuine note of the bank ; and cited 2 Starkie on Ev., Am. Ed. 828 in the note, which refers to the ease of the State v. Tillery, 1 Nott & McCord, 9; and Russell on Crimes, 1032, Am. Ed.
    But the Court (Cranch, C. J., doubting,) stopped the Attorney of the United States and said, that the note itself, being proved to be the note stolen, is primá facie evidence of what it purports on its face, to be. '
    
      Mr. Hellen
    
    then contended that the United States must prove it to be a note of a chartered bank.
   But the Court

(Cranch, C. J., doubting)

said, that the ninth section of the Penitentiary Act only required that it should be a bank-note.  