Page:Federal Reporter, 1st Series, Volume 9.djvu/458

 UNITED STATES ». SIMB. 443 �received the letter from Eank or otherwise, and that he bought the draft from him for $10. There was evidence tending to corroborate Eank's statement. �It is declared, by the section nnder which the indictment is drawn, to be an oiienee for any person employed in any department of the postal service to steal or take any article of value enumerated in the statute from any letter intended to be conveyed by mail, which cornes into his possession "either in the regular course of bis officiai duties, or in any other manner whatever," provided the same bas not been delivered to the party to whom it is directed. If the defendant re- ceived the letter, as testified to by Eank, knowing that it was intended to be conveyed by mail, and that it had not been delivered to the person to whom it was directed, and the defendant opened it and stole the contents, he is guilty. It is not material how a letter which is intended to be conveyed by mail comes into the possession of a person employed in the postal service. A local mail agent, such as the defendant was, who recoives a single letter to be delivered to a mail agent to be conveyed to its destination through the mails, is entrusted with mail matter, within the meaning of the statute ; and he is just as gullty, if he opens and steals the contents of such a let- ter, as if he had stolen the contents of a letter taken unlawfully from a mail-bag or packet with which he was entrusted. �Motion for new trial overruled. ���United Statbs v. Sims. �(District Court, N. D. Ohio, E. D. Decembor 3, 1881.) �1. EUPLOYMENT OP UnLICKNSBD ENOnSTEEBS— Rev. 8t. k 4438. �An indictment under Rev. St. { 4438, •which provides that it shall be unlaw- ful to employ any person, or for any person to serve, as a master, chief mate;, engineer, or pilot on any steamer, who is not liceuBed by the mspeetors, need not charge that the employment was with knowledge that the employe had not been licensed as the statute required. �Cliarles L. Fish, for defendant. �Edward S. Meyer, Dist. Atty., for plaintiff. �Welker, d. J. The indictment charges the defendant with viola- tion of section 4438, title 3, of the "Act for the regulation of steam- vessels," in employing an engineer on the tug of the defendant who v?a3 not licensed as required by the statutes. Plea not guilty, and a verdict ' of guilty by the jury. The defendant files a motion in ��� �