This was an action brought under sections 3961 and 4057 of the Revised Statutes. There was evidence tending to establish the issues on plaintiff’s part, within the rule laid down in United States v. Barlow, 132 U. S. 271. The court took the case away from the jury and in that committed error.

The judgment is reversed, o/rtd the cause remanded with a direction to award a new trial.