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Precedents of indictments and pleas, adapted to the use both of the courts of the United States and those of all the several states; together with notes on criminal pleading and practice, embracing the English and American authorities generally (Volume 2) online

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said jurors unknown, in and on board of said foreign vessel,
being a called flie from the on the coast ot

Africa aforesaid, with the intent," etc., instead of " did piratically
and feloniously receive," etc.

{For final count, see 17, 18, 181, n., 239, n.)

639



OFFENCES AGAINST SOCIETY.



CHAPTER XIV.

OFFENCES AGAIXST THE POST-OFFICE LAWS AND
REVENUE LAWS.

ROBBING AXD OBSTRUCTING MAIL.

1095) iSIail-robbery by putting the driver's life in jeopardy, etc., with
dangerous weapons, and robbing from his personal custody certain
bank bills, letters, and packets, to the jurors, etc., unknown.

109G) Another form for same. First count, robbing of the mail and
putting in jeopardy with pistols.

1097) Obstructing the mail.

EMBEZZLING AND STKALING LETTER.

1098) Taking a letter out of the United States mail.

1099) Stealing from the mail of the United States.

Fir.st count. Stealing the mail.

1100) Second count. Stealing from the mail certain letters and

packets.

1101) Third count. Taking letters from the mail and opening and

embeziiling them.

1102) Fourth count. Stealing a letter, specifying its contents, and

by whom sent.
IIO.*}) Fifth count. Same without averment of contents.

110}) Another form for same, witii counts for opening, etc. First count,

stealing a letter and packet.
110.^) Second count. Same, stating route of mail.

IIOIJ) Tliird count. Stating direction of letter.

1107) Fourth count. Same, stating both route and direction of

letter.
11 OH) Fiftli count. Embezzling and destroying letter.

1109) Sixth, seventh, and eiglitii counts. For embezzling, etc.,

varying the .statement of route and directicn as in second,
third, ami fourtli counts.

1110) Ninth count. Against person employed in post-oflice for open-

ing, etc.

I 1 I I ) Tenth count. Against carrier for eml)ezzling and destroying

letter.

I I 1 ]n) Sei reting and cniliczzling letters. Anotlicr form.

G40



AGAINST THE POST-OFFICE AND REVENUE LAWS. (1095)

(1112) Secreting and embezzling from tlie United States mail a letter

containing money, the party being connected with a post-office,
and tlie letter being directed to certain persons under the name
of a firm.
(11 12a) Against assistant postmaster for stealing, etc.

(1113) Embezzling, etc., averring specially the character and route of letter,

etc.

(1114) Procuring and advising a person intrusted with the mail to secrete it.

(1115) Second count. Procuring and advising a person intrusted

with the mail to secrete a particular letter.
(11 lo«) Against officer for opening or delaying letter under English statute.
(lllSi) Against officer for stealing or embezzling letter under English

statute.
(1115c) Retaining letters after delivery under English statute.

(1116) Smuggling, under § 19 of act of August 30, 1842 (tariff act).

Peters's Statutes at Large, 5G5.

(1095) Mail robbery by 'putting the (inverts life injeojMrdy, etc., loiih
dangerous weapons, and robbing from his ])ersonal custody
certain bank bills, letters, and packets, to the jurors, etc., un-
knowR.{a)

That J. T. H., kte of, etc., yeoman, together with a certain L.
H. and a certain J. A., on, etc., in the night of tlie same day, in
the public highway at H. county, at the district aforesaid, in
and upon one D. B., then and there being the carrier of the mail
of the said United States, and the person intrusted therewith, and
in the peace of God and of the said United States then and there
being, with force and arms, at the district aforesaid, feloniously
did make an assault, and him the said D. B. in bodily fear and
danger of his life, in the highway aforesaid, then and there did
put, and with the use of certain dangerous w^eapons, to wit, pis-
tols and dirks, which the said J. T. 11. then and there in his hands
held, he, the said J. T. II., did put in jeopardy the life of said
D. B., he the said D. B. then and there being intrusted with and
having the custody of the said mail * of the said United States,
and the mail aforesaid, so intrusted and in the custody as
aforesaid of said D. B., containing certain bank bills, letters, and
packets to the jurors aforesaid unknown, belonging to certain
persons to the jurors aforesaid unknown, from the personal cus-

(a) U. S. V. Hare, before Duval and Houston, JJ., 2 "Wheel. C. C. 283 ; Rev.
Stat. § 5472. See Wh. Cr. L. 8th ed. § 1823.

VOL. II. — 41 641



(1096) OFFENCES AGAINST SOCIETY.

tod}' and care of the said D. B., and against his will, in the high-
way aforesaid, at the district aforesaid, then and there felo-
niously and violently did rob, steal, take, and carry away,
against, etc., and against, etc. {Conclude as in book 1, chapter 3.)

Second count.

(Same as fi^si to *, then proceed') : and the said mail of the said
United States from the custody, possession, and care of said
D. B., and against the will of said D. B.,in the highway afore-
said, at the district aforesaid, did then and there feloniously and
violently rob, steal, take, and carry away, against, etc., and
against, etc. {Conclude as in hook 1, chapter 3.)

Third, count.

{Same as first, omitting the qualification of) " dangerous weap-
ons," {and averring the robbery to be of the) : " said mail of the
United States, then and there containing sundry letters," etc.

(1096) Another form for same. First count, robbing of the mail
and putting in jeopardy with pistols.{b)

That J. P., otherwise called J. M., late of, etc., yeoman, and
G. W., late of, etc., yeoman, on, etc., at, etc., and within the ju-
risdiction of this court, with force and arms, in and Ujion one S.
M'C, in the peace of God and of the said United States of
America then and tliore being, then and there being the carrier
of the mail of the said United States, and then and tliere having
the custody of tlie said mail, and then and there jtroceeding with
said mail from the city of P. to the borough of R., feloniously
did make an assault, and him the said carrier did then and there
of the said mail feloniously rob, and in then and there efiocting
the said robbery did then and there, by the use of dangerous
weapons, to wit, pistols, \)\\t in jeo])ardy the life of the said S.
M'C, he the said S. M'C. then and there being as aforesaid the
carrier of the said mail of the United States, and having then
and there the custody thereof, contrary, etc., and against, etc.
{Conclude as in liook 1, chapAer 3.)

(/;) TI. S. ?•. AViIsf)ii, I I>;ilil. 7H. The (Iclcndiints were convicted, am] one of
thcDi t-xi-(Uti(l. .S<(r ^\ li. Cr. i.. Mh cil. 4j lK'j;i.

G42



AGAINST THE POST-OFFICE AND REVENUE LAWS. (1097)

Second count.

That the said J. P., otherwise called J. M., and the said G.
"W., afterwards, to wit, on, etc., at, etc., and within the jurisdic-
tion of this court, with force and arms, in and upon the said S.
M'C. (then and there beino; a carrier of tiie mail of the United
States), then and there havino; the custody of the said mail,-
and then and there [iroceeding with the sa!<l mail from the city
of P. to the borouu;]) of R., feloniously did make an assault,
and him the said S. M'C. in bodily fear and danger of his life
tijen and there feloniously did put, and tlie said mail of the
United States from him the said S. M'C, then and there as afore-
said being a carrier of the mail of the United States, then and
there having the custody thereof, then and there feloniousl}^,
violently, and against his will, did steal, take, and carry away;
and in then and there effecting the robbery so as aforesaid de-
scribed, did then and there, by the use of dangerous weapons, to
wit, pistols, put in jeopardy the life of the said S. M'C, then
and there being the carrier of the mail of the United States, and
then and tliere having the custody thereof, contrary, etc., and
against, etc. {Conclude as in booh 1, chapter 3.)

Third, count.

{Same as first doicn to *, and then proceed) : feloniously did make
an assault, and the life of him the said S. M'C, by the use of
dangerous weajions, did then and there put in jeopardy, and
the said mail of the United States from him the said S. M'C
then and there feloniously, violently, and against the will of
him the said S. M'C, did steal, take, and carry away, contrary,
etc., and against, etc. {Conclude as in book 1, chapter "6.)

(1097) Obstructing the mail.{e)

That W. M'C, late of, etc., yeoman, on, etc., at, etc., and within
the jurisdiction of this court, with force and arms, knowingly

(f) Till' defendant was eonvieted and sentenced, on evidenee showing that on
the arrival of the cars containing the mail at the depot in IMiiladelphia, he drove
his cab over the rails, and ])revented the progress of the mail. U. 8. v. M' Car-
ran, Phil. 1847. The indictment was prepared l)y Mr. Pettit, then U. S. district
attorney. See Rev. Stat. U. S. § 3995. 1 think the mode of obstructing should
be averred.

643



(1099) OFFENCES AGAINST SOCIETY.

and ^Yilfully did obstruct and retard the passage of the* mail
of the United States,"^* contrary, etc., and against, etc. {Con-
clude as in book 1, chapter 3.)

Second count.

{Same as first, inserting at * the words) " driver of the," {and
at ** the loords) " conveying the same."

Third count.
{Same as second, inserting) " carrier," in place of " driver."

Fourth count.
{Same as first, inserting at ^ the words) "carriage carrying the."

(1098) Taking a letter out of the United States mail.{d)

That heretofore, to wit, on, etc., at, etc., and within tlie juris-
diction of this court, G. T., late of, etc., yeoman, did take out of
the post-office, at, etc., a letter directed to a certain C. M., which
had been in the said post-office, to wit, the post-office at P., and
before the said letter had been delivered to tlie said person to
whom it was so directed, with a design to obstruct the corre-
spondence and to pry into business and secrets of another, con-
trary, etc., and against, etc. {Conclude as in hook 1, chapter 3.)

Second and third counts, for embezzling, etc.

(1099) Stealing from the mail of the United States. First count,
stealing the mail.{e)

That A. B., late of, etc., in, etc., heretofore, to wit, on, etc.,
with force and arms, in, etc., and within the jurisdiction of this
court, did then and there feloniously steal the mail of the
United States of America, against, etc., and against, etc. {Con-
clude as in book 1, chapter 3.)

(d) Rev. Stat. § .3S92. See AVli. Cr. L. 8th cd. § 1S27 et seq.

(e) U. S. V. Iloir. Tlu' tk-t't'iidant was convicte<i and scntonceil. Sit Wli.
Cr. L. 8tli ed. § 1H27 el scj.

G44



AGAINST THE POST-OFFICE AND REVENUE LAWS. (1102)

(1100) Second count. Stealing from the mail certain letters and

jMckets.

That A. B., late of, etc., heretofore, to wit, on, etc., with force
and arms, at, etc., and within the jurisdiction of this court, did
then and there feloniously steal and take from and out of a mail
of the United States of America, certain lettcrs(/) and packets
(intended to be conveyed by post),(^) against, etc., and against,
etc. {Conclude as in hook 1, chapter 3.)

(1101) Third count. Taking letters from the mail and ojjening and

embezzling them .

That A. B., late of, etc., heretofore, to wit, on, etc., with force
and arms, at, etc., in the southern district of jSTew York, in the
second circuit, and within tiie jurisdiction of this court, did
then and there feloniously take the mail of the United States of
America, and certain letters and packets therefrom (intended to
be conveyed by post), and did open, embezzle, and destroy such
mail, letters, and packets, the same containing articl'es of value,
against, etc., and against, etc.(A) {Conclude as in book 1, chapter o.)

(1102) Fourth count. Stealing a letter^ specifying its contents and

by ivhom sent.

That A. B., late of, etc., on, etc., at, etc., and within the juris-
diction of this court, a certain letter, then lately before put into
a niail of the United States of America, at the post-office at, etc.,
in, etc., by C, D.,and intended to be conveyed by mail from said
to the post-office at, etc., for and to be delivered to E. F.,
at, etc., which said letter did then and there contain an article
of value, to wit {liere specify the article., and value of the same)
(the property of certain persons to the jurors aforesaid un-
known),(?) then and there, to wit, at, etc., and witliin the juris-
diction of this court, with force and arms, feloniously did steal
and take from and out of a mail of the said United States of

(/) Tliis is full onough, no parti(Hil;ir (U'scription of the letter being neces-
sary ; thoiiixh if the letter be partienlarly described, it must be proved as laid.
U. S. V. Llmcaster, 2 M'Lean, 4;il ; U. S. v. Patterson, G M'Lean, 4GG.

(//) That this is necessary, see U. S. v. Okie, 5 Blatcli. 516.

[h) It is sufhcient if the indictment conform to the statute. U. S. v. Martin,
2 M'Lean, 25 G.

(i) As to this averment, see U. S. v. Poye, 1 Curtis's C. C. 369.

615



(1104) OFFENCES AGAINST SOCIETY.

America, against, etc., and against, etc. {Conclude as in hook 1,
chapter 3.)

(1103) Fifth count. Same as fourth, without averment of contents.

That A. B., late of, etc., on, etc., with force and arms, at, etc.,
and within the jurisdictions of this court, did then and there
fel(Miiously take from and out of a mail of the United States a
certain letter, then lately before, to wit, on, etc., put into a mail
of the United States of America, at, etc., and within the juris-
diction of this court, which said letter was directed to E. F., at,
etc. (and was intended to be conveyed by post), against, etc.,
and against, etc. {Conclude as in book 1, chapter 3.)

Sixth count.

That A. B., late of, etc., on, etc., with force and arms, at, etc.,
and within tlie jurisdiction of this court, did then and there felo-
niously take a certain letter directed to E. F., at, etc., said letter
containing an article of value (the property of ), from and

out of a mail of the United States of Amei-ica, and did oj)en and
embezzle said letter, against, etc., and against, etc. {Conclude
as in book 1, chapter 3.)

Seventh count.

That A. B., late of, etc., on, etc., with force and arms, at, etc.,
and within the jurisdiction of this court, did then and there
feloniously take a certain letter directed to E. F., at, etc., said
letter containing an article of value, to wit, a certain for

the payment of and of the value of (the ])roperty of

) from and out of the inail of the United States of America,
and did then and there open and embezzle said letter, containing
said article of value, against, etc., and against, etc. {Conclude
as in book 1, chapter 3.)

{For final count, see 17, 27, 7i., 123, n.)

(1104) Another form for same, with counts for opening, etc. First

count, stealing a letter and. packet.{j)

That heretofore, to wit, on, etc., at, etc., and within the juris-

( / ) 1'. S. i\ l-iroincr, IMiil. iK.'iii. 'J'liis iiiilictincnl was pn-piircil liy i\Ir. II.
1). (iilpiii, tlifii district :iftf)rin'y. Tiui (Iclriidaiit was convicted and sentenced.
See Wli. Cr. L. 8tli e.l. § 1827 tl scq.

t)4G



AGAINST THE POST-OFFICE AND REVENUE LAWS. (1109)

diction of this eourt,W. K., of, etc., yeoman, * did then and there
steal and take from and out of the mail of the United States a
letter and packet (the property of C S., intended to be conveyed
by post), contrary, etc., and against, etc. {Conclude as in book 1,
chapter 3.)

(1105) Second count. Same, stating route of mail.

{Same as first count to *, and then jyroceed) : " did then and there
steal and take from and out of a mail, to wit, the mail of the
United States, then and there proceeding from H., in the state
of Pennsylvania, to wit, at, etc., towards D., in the state of P.,
to wit, at, etc., aforesaid, a letter and packet, contrary, etc., and
against," etc. {Conclude as in book 1, chapter 3.)

(1106) Third count. Slating direction of letter.

{Same as first count to *, and then proceed) : " did then and there
steal and take from and out of the mail of the United States a
letter addressed to contrary, etc., and against," etc, {Con-

clude as in book 1, chapter 3.)

(1107) Fourth count. Same, stating both route and direction of

letter.

{Same as first count to *, a7id then proceed): " did then and there
steal and take from and out of a mail, to wit, the mail of the
United States, then and there proceeding from to wit,

at, etc., towards to wit, at, etc., a certain other letter, to

wit, a letter from J. L., addressed to contrary, etc., and

against," etc. {Conclude as in book 1, chapter 3.)

(1108) Fifth count. Embezzling and destroying letter.

{Same as first count to ^, and then proceed) : " did then and there
embezzle and destroy a letter and packet, which had been in a
post-office, before it was delivered to the person and persons to
whom it was directed, contrary, etc., and a^^ainst," etc. {Con-
clude as in book 1, chapter 8.)

(1109) Sixth, seventh, and eighth counts. For embezzling, etc., vary-
ing the statement of route and direction as in second, thirds

and fourth counts.

647



(llllrt) OFFENCES AGAINST SOCIETY.

(1110) Ninth count. Against person employed in post-office for

opening^ etc.

That afterwards, to wit, on, etc., at, etc., and within, etc., the
said W. K., being then and there a person employed in a depart-
ment of the post-office establishment, did then and there nnlaw-
fullj open a letter with which he was then and there intrusted,
and which had come to his possession, and which was intended
to be conveyed by post, contrary, etc., and against, etc. (6^o?i-
clude as in book 1, chapter 3.)

(1111) Tenth count. Against carrier for embezzling and destroying

letter.
That afterwards, to wit, on, etc., at, etc., and within, etc., the
said W. K., being then and there a person employed in a depart-
ment of the post-office establishment,(/t) to wit, as a carrier(/) of
the mail of the United States from the post-office at H. to the
post-office at D., to wit, at the district aforesaid, did embezzle
and destroy a letter with which he was then and there intrusted,
and which had then and there come to his posses-ion, and was
then and there intended to be conveyed by post, then and there
containing a bank note, to wit a bank note of the bank of Penn-
sylvania for one hundred dollars, marked with the letter S. and
numbered No. 162 ; contrary, etc., and against, etc. {Conclude as
in booh 1, chapter 3.)

(llllrt) Secreting and embezzling letter. Another form.
That (the defendant), on, etc., at, etc., did secrete and embezzle
a certain letter, then and there directed to S. E. D., etc., in the
words and letters following, "Miss Sarah E. Dalzell, Ellsworth,
Maine," with which he was then and there intrusted, and which
had come to his possession, and was then and tlicro intended to
be conveyed by post, containing a certain bank note for the pay-
ment of two dollars, he the said L., at the time, etc., being then
and there en)j)loyed in one of the departments of the post-office
establishment, to wit, being a clerk, etc.(m) {Conclude as in book
1, chapter 3.)

{k) U. S. V. Piittfrson, C, M'TiCin, C. C. K. 4GC.
(/) A CJirricT is witliiii tlu- act. T. 8. /'. IJcU'w, J Mrock. 2H0.
(;/() A si't'oiid crjiiiit ilcscrilicd tlic l)!iiik rioto, and iiUcjxcd that it was of the
value of two dollars, and that the letter eauie into the i)0:isessioii of the defendant

048



AGAINST THE POST-OFFICE AND REVENUE LAWS. (1112)

(1112) Secreting and embezzling from the United States mail a let-
ter containing moneg, the party being connected with a post-
office^ and the letter being directed to certain persons under the
name of afirm.{n)

That J. W., late of, etc., on, etc., was a person employed in
one of the departments of the post-ofRce establishment of the
said United States,(o) to wit, a clerk {or otherwise)^ in the post-
office at(j>) in the district aforesaid, and that on, etc., in
the said post-office at, etc., a certain letter,(5') then lately before
sent by one C. D., of, etc., and intended to be conveyed by post
to certain persons using trade and commerce in the city of
in said southern district of 'New York, under the name, style,
and firm of and which said letter contained {state the con-
tents of said letter^ and the valne),{r) came into the possession of
him the said J. W.,so then and there being employed as a clerk
in the said post-office at aforesaid, and that, he the said J.
"W. being so employed in the said post-office, and the said letter
80 then and there containins; the said having so as afore-
said come into the possession of him the said J. W., he the said
J. W. did then and there, with force and arms, on, etc., at, etc.,
feloniously secrete the said letter, so then and there containing

" so then and there employed as a clerk In the said post-office," and that the
letter with tlie said article of vahie having so come into his possession, he did
tlien and there secrete and embezzle the letter then and there containing the said
article of valne. It was held that in an indictment of this class it is not necessary
to allege that the letter or note was the property of any one. It was furtiier
held that if the letter was inclosed in an envelope, and the envelope was directed
to A. B., the letter is well described as directed to A. B. The indictment, it
was ruled, need not allege that the clerk obtained the letter by virtue of his em-
ployment ; it is enough that, being a clerk, he has obtained possession of the
letter. Nor is it necessary to set out the ])laces from and to which the letter was
to be carried by post. U. S. v. Laws, 2 Lowell, 115.

(n) U. S. V. Wisner, New York, 1844. The defendant was convicted. See,
for a similar form, supra, 445, and see Wh. Cr. L. 8th ed. § 1827 et seq.

(o) This is enough. U. S. v. Patterson, 6 M'Lean, C. C. R. 4G6.

(p) The "employment" must be distinctlv alleged. U. S. v. Nott, 1 ^NI'Lean,
499.

(q) Though it may be prudent to describe the letter with the particularity that
follows, yet it would seem to be enougli to aver that it came into the hands of the
postmaster, without stating where it was mailed or by wiiat route it was con-
veyed. U. S. V. Lancaster, 2 M'Lean, 431 ; U. S. v. Alartin, lb. 25H.

(r) Neither the letter nor the notes inclosed in it need be specifically de-
scribed, though if they are, a variance may be fatal. U. S. v. Lancaster, 2
M'Lean, 431.

649



(1112a) OFFENCES AGAINST SOCIETY.

the said contrary, etc., and against, etc. {Conclude as in

book 1, chapter 3.)

Second count.

{Like first count., substituting) : " feloniously embezzle the said
letter," etc.,/o;' "feloniously secrete the said letter."

Third count.

{Like first county substituting) : " feloniously 8ecrete(s) and em-
bezzle the said letter," /or "feloniously secrete the said letter."

Fourth count.

{Like first count., except instead of): "he the said J. W. did
then and there, with force and arms, on, etc., at, etc., feloniously
secrete the said letter, so then and there containing the said
," insert, "he the said J. W. the said of the value

aforesaid, with force and arms, feloniously did steal out of the
aforesaid letter."

Fifth count.

{Like fourth count, except instead of) : " feloniously did steal,"
etc., insert, " feloniously did take."

Sixth count.

{Like fifth count, except instead of) : " feloniously did take,"
insert, " feloniously did steal and take."

(1112a) Against an assistant postmaster for stealing money which
came into his hands as assistant postmaster. {t) See Gor-
don's Digest, art. 8611, p. 701. Jiev. Stat. § 5467.

That A. M., etc., on, etc., at, etc., lie the said A. M. being then
and tbore a person cmi)loyed in one of the departments of the
postal service of the United States of America, to wit, as an
assistant of the deputy-postmaster of the post-office, legally
established and ajipointed by the postmaster-general of the

C.<t) This is corrcrt. U. S. v. Sander, (J M'Lfjin, C. C. II. 598.

(t) 'I'liis iiKlictiiifiit, witli sonic inodiliciitioiis, is taki'ii from one pivcn by Mr.
Davis in Jiis I'lH'ct-dents, |». 14!», as ilrawn hy I'rot'cssor Aslinmn of" the Law
School in Canibridjrc The case was twice tried witliout obtaining a verdict.

650



AGAINST THE POST-OFFICE AND REVENUE LAWS. (111-3)

United States, within the said town of Granby, feloniously did
steal, take, and carry away sundry bank notes, amounting to-
gether to the sum of two hundred and seventy dollars, and of
the value of two hundred and seventy dollars, of the goods,
chattels, and property of one N. P. and one C. D. ; which said



Online LibraryUnknownPrecedents of indictments and pleas, adapted to the use both of the courts of the United States and those of all the several states; together with notes on criminal pleading and practice, embracing the English and American authorities generally (Volume 2) → online text (page 71 of 85)