Page:Federal Reporter, 1st Series, Volume 9.djvu/457

 e42 FEDEBAIi BEFOBTEB. �United States v. Hamilton. �{District Court, D. Indiana. December 7, 1881.) �1. Post-Ofpicb Employes — Bmbezzlbmbnt, Etc., ov Letter bt— Sectiok 5467, Rev. St., Consteued. �It ia not material, under section 5467, Rev. St., how a letter intended to ta conveyed by mail cornes into the posse.ssion of a post-offlce employe. �Indietment under section 5467, Rev. St. Motion for new trial. �Chas. L. Holstein, U. S. Atty., and Chas. H. McCarer, Asst., for the United States. �T. S. Rollins and S. T. McContiell, fOr defendant. �Geesham, D: J. The indietment was based upon section 5467, Eev. St., and charged that the defendant, being a post-office employe, stole and took eut of a certain letter, which had corne into bis pos- session and which was intended to be conveyed by mail, before it had been delivered to the party to whom it was addressed, a certain article of value, describing it. There was a verdict of guilty. �A motion for a new trial is made, upon the ground that the evi- dence does not show that the letter was legally in the custody of the postal service, or that the defendant came into the possession of it in the regular course of his officiai duties. �It appears from the evidence that the defendant was the local mail agent at the depot at Attica, Indiana, and as such had the care and custody of the mails there. He had taken the usual oath of office for the" faithful performance of his dUties, but received no compensa- tion from the government. He was also in the service of the railroad as station agent and telegraph operator at the depot. As local mail agent he received the mail-bags, etc., from, and delivered them to, the trains, and was also in the habit of receiving letters from indi- viduals for delivery to the route agents. One Ambrose Eank was the telegraph messenger boy at the depot. He, too, was in the habit of receiving letters from individuals for mailing at the depot and on the trains. The letter described in the indietment was from Nave, Allen & Co., an Attica firm, and was directed to a person at La Fay- ette, Indiana, and contained a draft, for $30. This letter was handed by a member of the iirm to young Eank, to be mailed at the depot. Rank swore that he delivered the letter, just as he received it, to the defendant, at the depot, for mailing on the train. It never reached its destination and was never found. A few days after its delivery to the defendant he disposed of the draft and spent the money at La Fayette. The defendant testified, in his own behalf, that he never ��� �