Page:Federal Reporter, 1st Series, Volume 1.djvu/451

 UNITED STATES V. NOELKB. 443 �address of the letter in Exliibit No. 1 was the same as that signed to the order, and was fictitious ; and that the letter •was accompanied with tickets bearing his stamp and his business card, in the absence of evidence tending to show the contrary, will justify the conclusion that the defendant was the person who did deposit in the post-office, for mailing, the letter, Exhibit No, 1, or procured it to be so deposited." To this part of the charge the defendant excepted. The judge, also, in the same connection, distinctly charged the jury that this was a question of fact for them to pass upon, and that they should give the defendant the benefit of any reasonable doubt arising from the lack of sufficient evidence ; that if the evidence given on the part of the government did not satisfy their minds on the disputed question of fact, they were to give him the benefit of the doubt ; but, if they were satisfied beyond a reasonable doubt, it was their duty to con- vict him. We think there was no error in this portion of the charge. The question of fact was fairly submitted to the jury, and the matters referred by to the court were such as they had the right and were bound to consider, in determin- ing that question. �14. The defendant's counsel requested the court to charge asfollows: "No presumption arises in this case from the impression of a post-office stamp upon the envelope enclosing either of the papers in evidence as to the mailing of any or either of such papers." The court refused so to charge, and defendant excepted. The letter in question bore the stamp or mark of the New York post-office, and it is conceded that the general rule is that such a stamp or mark would be prima facie evidence that the letter had been in the mail ; but it is contended that no such presumption arises in this case, because there is evidence that the witness, Comstock, who tes- tified that he took these letters from the mail, also testified that he had received, from the postmaster at Trenton, N. J., and other postmasters, during the past twelve months, a large number of empty envelopes, bearing the stamps of three post- offices, whioh had never been through the mail. �The letter or order referred to in the charpie to which tho ��� �