Page:Federal Reporter, 1st Series, Volume 3.djvu/491

 United States ». WiLLiAïf a. �{Oommistioner's Court, K D. New York. -, 1880.) �1. MATLiNa Obbcknb Lettkb— Rev. St. § 3893— Act Jult 12, 1376, (19 Bt. 90.) — Section 3893 of the Revised Statu tes, as amended by section 1 of the act of July 12, 1876, (19 St. 90,) provides aa follows : " Every obscene, lewd, or lascivious book, pamphlet, picture, paper, writing, print, or other publication of an indecent character, * * * and every letter upon the envelope of which, or postal card upon which, indecent, lewd, obscene, * * « terms or language may be writ- tenorprinted,areherebydeclared tobenon-mailablematter. * * ♦ And any person who shall, knowingly, deposit, or cause to be de- posited, for mailing or deUvery, anything declared by this section to benon-mailablematter, * * * ghallbedeemedguilty,"etc. Held, that written communications of a private, Personal nature, emanating from a single person, and exhibiting no purpose of going beyond the one directly addressed, are not within the purview ' f the statute. Beld, further, that the prohibition of the statute was Luiiûned to that class oî letters wherein the indecent matter is exposed to the inspec- tion of others than the person directly addressed, �S. Evidence— Dbposit in Mail— Postmabk.— A postraark upon the en- velope of a letter afEords presumptive proof that such letter haa been deposited in the mail.* �The defendant was arrested upon the complaint of Anthony Comstock, agent of the Society for the Suppression of Vice, npon the charge of sending an obscene letter through the mail. An examination took place before United States Com- missioner J. J. Alleu, for the purpose of determining whether there was sufficient cause to send the case to the grand jury. �Allen, Commissioner. The defendant is charged with having violated the provisions of section 3893, U. S. Kev. St., as amended by section 1, act of July 12, 1876, (19 U. S. St. 90.) The portion of the statute to which the oharga relates is as follows : �"Every obscene, lewd, or lascivious book, pamphlet, pic- ture, paper, writing, print, or other publication of an inde- cent character, * ♦ ♦ and every letter upon the envelope of which, or postal card upon which, indecent, lewd, obscene �*See United State» v. Melke, 1 Fed. Rbp. 426, ����
 * * * terms or language may be written or printed, are