New-York daily tribune., 1844-04-12

Bosrox, Monday, April! g, 1874
L. STATES rs WILLIAM B. kIMBALL, tor convey
ing or causing TO be conveyed, over post route, iof
hire letter 10 William Smith, Esq. from boston 10
New-Y York on the 2lst OF February The SAID 7" ~
liam Smith Esq Is q man Of straw, made up the
purposes OF the suit. The information against the
RESPONDENT contains six counts, alleging the offence
Of carving the letter 10 the said Smith IN so many
different ways.
Franklin Dexter, Esq. District Attorney, in open
ar the case for the read the ec o
sec nc, OF March 3D. 1873 making the naygabe waters w,,nn
evey rarond post route sec 19 CHI @ net March
l3th S2 prohibiting the carrying ot Letters out oi te ,ali IN
nny post road road parae thereto and Sec iih same stat
extending the penalty to my person wh2 ,a 3 proc procure ,e
him To do &c. and also sec. 3. ci zlo net la- pfohlo
ing the eahns private horse o. So st 10 on rbe " c
r Dexter suggested that not necessary that the owner
i To make him liable The that letter
red in vehicle with withou; his prviiy rendered hn
Having stated the law on his side Mr. Dexter next put in the
written admission of he respondent TINT On ine @ 81 e ,ni
ton TO FORK via Providence and Sonnson or SIX ana
quarter cents each TIA; he kept an % oes ' m aS S te l &
smith by person who went Newly ork b the Sonnson
ro ,ros s NJ" mid or csfryng the said letter thai he
nny way connected with the Railroads, or tost Once epa
mid Tor uness the stamp Of respondent said letter
that the letter hnd been paid iuT a., .o,o,
ni A. apd he hitter gentlemen opened the defence The pnn
ca grounds relied on by @ m were Us %"ys She subject ,re mr.
constitutional In article section OF e pow
roads simply: prohibition or Clause elvnE to
Congress any exclusive regulation oil post roads by e hiu
md exclusive rrt To establish post offices and post roads-
mnd the trainers the Constitution had Intended 10 continue
use the language by which TINT right established IN te
Aclei Of Confederation which they had bscte i them , .a
obruc or prevent the Governcni from eNe,fis'ns the bus
Department established cr that purpose Bu NE C"Is,ti
ton had not provided that the Department! should be source
Of revenue or that should support e from iis income l"r
carving etter &c II would he otherwise i the Constitution
had gwen Congress The power to resuia,e posi- oi:e.
Nor did the Constitution make imperative Congress TO es
nblsh post offices and past roads 1t only allowed e .Nefi
M nj 10 engage the husne,s common viii te states or
% - the substance Of tho constitutional argument but
s,nnospr the legislation ol Congress 10 be consiituna Nj
Fske conenled that the ics admitted dd n1 render ie & te
pSnden liable r h Id hS% @S nS hn % sey wse
my letter o the mpl and IN Al penal case The nGcn.ed M
Then the unconscious cannot be guilty the accessory
TO his carrying the lettsr cannot be reached ,,,
Finally railroads neither horse nor loot ronds ihey
were means COMMUNICATION winch were mol III existence
when the was passed and that law cannot he ENLARGED SO
as embrace wa had never bee dreamed OF at The e & o
lis enactment 1t was plainly edsas omssas ana ihie ere
ns no remedy the government bt lo p' new laws on te
subeci.-BOsiUn Post d Tuesday
In slip from The office of the Boston Times. we
have the charge of Judge Sprague and the result
The importance Of the subject induces us 10 quote
from the former largely.
After stating the facts, and the propositions relied
on by the prosecution Judge Spragne SAID =
The first question would the owners o tie car be liable 10
the pennyt The a oi passenger carrying letter
aud lie proposition coneded for necessarily goes to ie extent
tint II prscnger railroad can take letter either ~ an
of kindness or for hire. aud carry me same concealed Do'
his eron or ms baggage and without the consent or KNOW
ledge oil the ul the vehicle such owner subject 10
pe;%aiy , .. .no, ma,
% n sT a nGeEe Known % 10 e % on s r I @ no pI9Gn pr s9 re-
ING letters and If he made condition that Their persons ana
oq he T TS s Fe. 6T So Of Seg; s2 q TGs
and the feelings Of tine people that 1t could moi be practically
enforced. , 40, ,; ,,o.,
of duty The ncton openaies under sucl, circumstance,
would not be consona, 10 the general principles OF IIspr
ccc or natural equity and not 10 be supposed that tile Lee
stHc ieSded 10 ID nc. such purpose be % clearly
G S, do tho S an s Of certain S ac 'ff M implies m nun
Tire vehicle but the instrument The motor Is the owner and
yeyng OF letters aeh, and not the conyeyance paseneers
who ye letter Goncea1 % ;ho h nsd c9sGa sine a. was ,S
southern District Of New York, III case OF the United states w.
he second proposition contendcd for that the Department,
may he ablc under the 2lt section although the ownc o The
The section provides tim, every person who shall procure
and advise assist III the dong or peTPetron OF any o me
ncnncs and punsnent> the persons subject To vino
.a actually DO pepea,e any Of the SAID acts or crimes
This section, Standing by iisei Is wholly i9lcra'ive.
refers and restS upon other p,oyIsons oIbddns ceh
8 In the eqIe ,s before s US o @ be eSr
one who docs the forbidden act and another who pIocure OF
assists the doing thereof aud ne ate , 10 ta 1 r Sc,y IL e e
The net aud 10 no other. Now therc be who has
how eau another b. subject TO the penalty for having
cared or assisted the doing thereof IL.
statute of 1927 which enacts that shall set up any
horse post for the conveyance o letters or packets upon
'' rhe @ h count applies only the distance between Court.
street and the Depot ut the which does not
e 9Th count apples the Railroad, over which being q
os,-road ii is admitted TINT the defendant dd sci up post
!or the conveyance OF letters But foot post as alleged
IN the information The conveyance wa, by railroad cars ana
ihat that is not foot post nccoIens to the usnl ana Ordinary
But il is urged that whiting the mischief designed to be
fei to prabt the setting OF any and al poe by n,rdu-
ais and la, tins must DC 70 on ,nn E boSs S ne
Since the ass Of The law e y 9de ,be oi 1Ssn Go
moi then known or contemplated And the question whether
new acts in con,raveton of the general spirit and policy Of
the laws can be brought within any oil It's pfoouo' au SUI
lected TO specific penalty. ::
However willing the Court might be TO attain :hat end
es Gsnp meanng We e are are not anOrzS upon notion Of
the general policy ard purpose 9h statute to lnllct pennies
which the terms thereof according TO their ordinary acce
We cannot doubt TIN, the mischicfof regularly eonveyins
letters ly railroad quite great as the carryns tcin oy
" Wi 81 r Cont therefore authorized 10 say that person
travelling in n railroad man travelling ON loot or tl
tr, Of fnroad ears moved by Seam engine may constitute
rl POI, There T p[e a, cases rs wc c ase would % Seem that
The terms used und other acts ut more easily i"e
leen brought liabilities and inreres IN inrtlefance
nj the evident purposes and policy q! the statute than ~ the
present cae-anl yet the declined giving them such eN-
tended construction. ~
shul instruct the Jury as follows
st hai passenger railroad car or steamboat pas
sny over most road or route carrying letter without the
knowledge consent Of the oi the cur or steamboat or
any <yants such owner not Sge 10 ''e
penalty provided by the 18th section OF the ac oi ls1
ID That uc knowledge assent not 10 be presumed
from the facts admitted III this case.
M Tint the person >eads such letter by such passenger
mol liable 10 the penalty provided by the 9th section OF I'd
act unlss the of the steamboat is liubc TO the
pennltv provided BY the 18Th section OF SAID act.
dih lat the setting mp post by railroad. steamboat
moi setting up foot post within the meaning oi the 3d sec
ton of the statute ofiS2i.
After Judge Spngue had eloe pro tcrna verdict was
mnde up Tor the defendant and handed tu the Jury who iine-
dintcly sgacd and returned II to the Court;
We understand lha, The case will be carried up TO
the Circuit Circuit By exceptions.
DEATH FROM AN AccIDEYr.-On Monday even
ing while an lrishman named Thomas Martha, was
driving wagon on the road TO Kings Bridge, ac-
companicd by female, his horse took fright at n
colorcd man cracking his whip, and plunged so vio-
lcnlly as TO upset the wagon, and Martha and the
woman who accompanied him, were thrown TO the