Page:Federal Reporter, 1st Series, Volume 10.djvu/106

 9e FEDERAL REPORTER. �allege that a letter addressed to a partieular person, naming him, contained indecent matter. Other counts state that circulars were sent by mail from and to a place nained and to a partieular person, naming him, giving information where the article referred to [to pre- vent conception] could be obtained. The main ground of objection to the various counts of the indictment is that they do not set forth in language what was contained in the book, in the letters, or in the circulars. It is said that whether a book, or letter, or circular is within the terms of the law is a conclusion, and the court must be permitted to judge by the use of the special language, or if the case be a picture, or representation, or article, by a copy, or description of the same. I think this objection is not well taken. The object of the law is to exclude certain articles from the mail. If a book, pamphlet, picture, representation, or article, it is sufficient as to that to describe it so as to identify it, or by stating to whom it was addressed, and then to allege that it is within the terms of the stat- ute, as that it is an obscene book, pamphlet, paper, print, picture, or otherwise, or an indecent thing. This is a rule which has been es- tablished by the supreme court of the United States in relation to offences against the statute which prohibiis interference with or the opening of letters entrusted to the mail by persons other than those to whom they are addressed, (U. S. v. Mills, 7 Pet. 138 ;) so that I think it is sufficient, in an indictment under section 3893, to describe the partieular book, paper, pamphlet, etc., so as to identify the same, and then allege, in the language of the statute, that it was of the char- acter there described. Consequently, a count which declares that the plaintiff in error caused to be deposited in a post-office of the United States, (naming it,) for mailing and delivery to the address of a certain person, (naming it and him,) an envelope then and there containing a printed advertisement and a written letter, which together were then and there a notice giving information where, how, and of whom might be obtained an article (naming it) designed and intended for the pre- vention of conception, was sufficient. �An objection was also taken because these various communications were sent through the mail in consequence of what are called "decoy letters," addressed to the plaintiff in error. The fact was that a detective of the post-office department did send letters to the plaintiff in error under fictitious names, but he was requested to send the com- munications under fictitious names, and they were received by the detective under these various names. It was the case, therefore, where a person used another name to cause a communication to be ��� �