The daily union. [volume] (Washington [D.C.]) 1845-1857, 1846-12-24
BosToN, Dec. IS, 1916.
To Tie EdttOr of The

| To the Editor of the Union:
SIR: You are doubtless aware that, some two months
SINCE prosecution was commenced by the attorney for the
United States against James NJ Thompson, acting as
private express between Boston and Albany for viola
tons of the posofce laws In conveying letters out of
the mail At the commencement OF the case Judge
Woodbury. the bench but he obliged to be
absent after few OF the first days. and the circuit court
has since been held by Judge Spague the district Judge
The suit referred to has from the beginning attracted
much public atention-the courtroom being well filled
for greater part of the time The ablest counsel were
employed by the defendant consisting of Hon. Rufus
Choate, Hon. Mr.. Ashmun and his partner, Mr..
Chapman Some three weeks have been occupied with
the trial. which has Just been brought to close The
closing argument OF Hon. r. Rantou who conducted the
prosecution on the part of the government was of
the abest arguments in support Of the constituonay of
the post-o law and the importance to the community
OF sustaining the present posoce SYSTEM and prevent
ing any illegal Entertainments thereon that ever
posite counsel pronounced it most thorough and faith
full vindication of the rights of the government AS to
the main charges embraced in the indictment, they had
been fully proved to the satisfaction of the court, the
Jury, and all who listened to the testimony.
The charge of Judge Sprague able and impartial
He ruled to the jury that they must consider the law of
lSi5, under which the Indictment had been brought as
constitutional that, although acren contract existed
between the Post Office Department and the western rail-
road for carrying the nails yet that implied contract
had been clearly made from the correspondence pro-
duced between the parties the regular performance of
the service by the corporation and the payment of those
services by the department; also that Thompson Co.
had set up an express Tor the conveyance OF letters His
honor however, left it entirely for the jury to define
what constituted ''mallable natter, and instructed them,
that in they found from the evidence that the Of
fences charged had been committed by Thompson's
agents. contrary to written verbal instructions, and
without his knowledge and consent they would not
slider him responsible for those offences.
The result in this important case, therefore, will turn
upon the point last satednamey, the responsibility Of
the proprietor of the express for the conduct of his agents
in case he had given them instructions not TO violate the
law II the laws be evaded in this way by proving
when prosecution takes place, that subordnates
told not to act Illegally what law of the land is there that
could not be evaded This part of the charge of Judge
Sprague is hardly in keeping with the sound Judgment
and learning evinced in other respects.
p s. The jury came in at o'clock, after beihs out
about two hours, with verdict of not guilty. after hav-
ing been further instructed by the court that the defend
ant not responsible, under the circumstances above
stated