56 mnnasn REPORTER. `
non-mailable matter, and any person who shall knowingly take the same or
cause the same to be taken from the mails, for the purpose of circulating or
t disposing of, or of aiding in the circulation or disposition of, the same, shall
be deemed guilty of a misdemeanor, and shall for each and every offense be
lined not less than one hundred dollars nor more than Hve thousand, or im-
prisoned at hard labor not less than one year nor more than ten years, or both,.
at the discretion of the court. "
Thisis the law as it existed between the 18th of June and 26th of Sep-
tember, 1888. The offense with which this defendant stands charged
was committed while this law was in full force. He wasindicted on the
19th day of November, 1888. The indictment contains four counts,
and charges the defendant with depositing in the mails at Omaha city,
_ to be conveyed by post, many postal-cards, addressed to one A. O. Stone,
V in the state of Pennsylvania, which cards, it is alleged, were so deposited
in violation of law, because the writing on the same reflected injuriously
upon the character of the said Stone. One ofthe cards, which is a fair i
sample of the whole, is as follows:
"S1R: Your account is long time past due. It has been running since
1875. God will not bless you until you do something to correct your nefari-
ous wrongs. p . W. L. BARBER.
"$l,020.00 & interest since 1875. Owe no man anything. "
f This is the last of the series of postal-cards described in the indictment,
and was written and deposited in the mail at Omaha city on the 19th
of September last past. The defendant was tried and convicted on his
‘ own confession, shortly after the indictment was found by the grand jury.
At that time we had not received the laws of the United States passed at.
the last session of congress, but the district attorney had before him the
said act of 18th June, 1888, sentiout in the shape of a circular by the
post—master general, and under thatpact the indictment was found. But
on the 26th of September last another act of congress was passed, amend-
ing the said act of 18th June, respecting the penalty incurred under the
last-named act. That law, or the part thereof material to consider in the
present case, is as follows: V V `
"That all matter otherwiselmailable by law, upon the envelope, outside
cover, or wrapper of which, or any postal-card upon which, any delineations,
epithets, terms, or language of an indecent, lewd, lascivious, obscene, libel-
· ous, scurrilous, defamatory, or threatening character, or calculated by the
terms or manner or style of display, and obviously intended to reiiect injuri-
ously upon the character or conduct of any, may be written or printed, or
otherwise impressed or apparent, are hereby declared non-mailable matter,.
and shall not be conveyed in the mails, nor be delivered from any post-office.
nor by any letter-carrier, and shall be withdrawn from the mails under such
regulations as the postmaster general shall prescribe. And any person who
shall knowingly deposit or cause to be deposited, for mailing or delivery, any-
thing declared by this section to be non-mallable matter, and any person who
shall knowingly take the same or cause the same to be taken from the mails.
for the purpose of circulating or disposing of, or of aiding in the circulation
or disposition of, the same, shall for each and every offense, upon conviction
thereof, be tined not more than $5,000, or imprisoned at hard labor not more
than live years, o1· both, at the discretion of the court. "l