122 F. 316 | D. Del. | 1903
(charging jury). The indictment in this case charges Maggie J. Wyatt, the defendant, with violating section 3893 of the United States revised statutes, as amended [U. S. Comp. St. 1901, p. 2658]. That section, as amended, in so far as it is pertinent to. this case, provides that every obscene, lewd or lascivious letter is non-mailable matter and shall not be conveyed in the
The law presumes persons charged with crime to be innocent until they are proved beyond a reasonable doubt to be guilty; and a reasonable doubt is not a whimsical, arbitrary or purely speculative doubt; nor a mere conjecture or guess; but one which rests on a reasonable foundation. In this case, however, there is no dispute or question that the defendant knew the contents of the letter and deposited it or caused it to be deposited in the post-office at Harrington for mailing and delivery. Knowing the contents of the letter which she herself had written, she is chargeable with knowledge whether the objectionable words contained in the letter were or were not obscene, lewd, or lascivious. Every one who uses the mails of the United States for carrying letters or other papers must take notice of what in this enlightened age is meant by decency, purity and chastity in social life, and what must be deemed obscene, lewd and lascivious. Several witnesses have testified that for some years past the reputation of the defendant for peace, good order and chastity in the community in which she has resided during that period has been good. The purpose of such testimony is to enable the jury to determine the degree of improbability that the defendant who possesses such a reputation should have committed the crime for which she has been indicted.. What weight is to be given to the good reputation of the defendant in any case rests solely with the jury. In this case, however, as before stated, it is not disputed, but admitted, that the defendant wrote and mailed or caused to be mailed the letter in question, and had full knowledge of its contents; and having such full knowledge she is chargeable with knowledge whether the words complained of by the government were or were not obscene, lewd, or lascivious. A letter need not be obscene, lewd, or lascivious in each of its sentences or in all its parts in order to be an obscene, lewd, or lascivious letter within the meaning of the statute. If it be obscene, lewd, or lascivious in one or more parts or sentences or portions of sentences it is an obscene, lewd, lascivious letter within the meaning of the statute.K-The contents of a letter may be coarse, vulgar and indecent, and yet the letter not be
The court has been requested to give you instructions on several points in the language employed by counsel in the case. The charge of the court embraces in substance all the propositions of law suggested by counsel in so far as those propositions are in the opinion of the court properly applicable to this case. The guilt or innocence of
1. Nonmailable obscene matter, see note to Timmons v. U. S., 30 C. C. A. 79.
See Post Office, vol. 40, Cent, Dig. § 50.