The Union and journal. [volume] (Biddeford, Me.) 1858-1882, 1869-01-22
MUNICIPAL coURr, BIDDEroRD.
BEFORE JUDGE JELLEs0N.

state " EsruER DALTON.
IL was alleged In tho complaint that n letter d.
roeted 60 Frances Il. Chapman containing two
bank notes Of the valae Of Ave dollars each was on
the eighth day Of january, 1863 delivered by one
saw.rt cowan. an employe Of the P. o. In this
city. TO ono Esther Dalton, who having received
said letter and said bank notes TO be by her csrri
81 and delivered 70 said Frances Y. Chapman, fel'
onlously did embertie and secret the same &C.
s. W. Luques COUNSEL for the prosecution showed
by Rufus q. Chapman q brother OF the complain
ant, that n letter directed TO one Fannie T. Chap
man Was deposited In the Boston =. o, on the sew
enlh. lie then produced Mr.. co~an who testified
that he thought he delivered letter to Esther
Daltoa On the eighth or ninth OF January but
couldn't swear to whom Hwss directed nor could
he swear positively that he delivered any letter to
the said Esther either on the eighth or ninth.
Here the State rested Its case.
Dean a Lunt for the respondent, eontended that
the court had no jurisdiction IN this case on the
ground that the laws Of the U. 8. were violated
and not the statute Law % this States and that had
the court jurisdiction the complaint should have
been In behalf OF the u s. instead Of the state.and
therefore asked the discharge OF the respondent
In support OF this thoy cited the Act Of Congress
of March ID 1875 which Is In force at the present
time and which, in part, reads thus. IF any per-
son shall take any letter from any Post Oniee
whether with or without the consent Of the person
having Custody thereof and shall open emssrrle or
destroy any such letter &c. such offender or often
dsrs on conviction thereof shalt DO imprisoned not
less than two nor exceeding ten years" Here va
rious decisions were also cited TO show tho want Of
A,ss h.r al
the conviction or aequittal OF the respondent In
this eou re would be bar 10 prosecution In be-
half OF the u s., but such proceedings, In the U.
court would be bar 10 all prosecution OF the re-
,pondent for this offence. and that II there was any
violation Of our Statute Law, Il Is the smaller vio-
istlon. and would be merged In the greater,-that
Of the Laws OF the U. Sand that the crime did
not originate In opening the letter but In taking
u from the post-ofhcs with the criminal intent
III, Honor wishing time TO leok into the matter adj
jOurned 10 Oek r. ~ Of the next day, u which time
the cur, decided 10 had ,uriseiion rhs counsel then
novel discharge q the respondent the ground Of va
rance bstxeen the allegations In complaint and the
pccoL
Fs.t. u d alleged that the notes we're hank notes,
vhe the proof 10 % legal teuder notes second that said
noso. ser. ~ The gec4 ehates and mcoey Of the SAID
Frances -hus they are psithr gods ehst,sls but
peom.s, to pay money! third thai the letter vas direeis
10 sel bslOorc to enc Frances X Chapman, While they
n .. .ho- TIA, even the letter which Mr. Ccwsn thought
he deb cred vas drcce TO any persOn Or delivered 10
any PERSIA whatever This being overulei Vas moved
that the rspoisat be dishsrgi the grap that the
psOecuton had Aid make cat their since the be-
lief q Mr. co~an not enough 10 overcome the leya Pre-
.amptiOa q ss.eoes. This likewise being overruled,
the dst,pce prcc~iei 10 pat In ts testimony. IL vas
shs~a ny The and section hanl In The room In
Which Miss Dalton vorss that she did not leave the mil
during min hours on the asy q the sles~i snbeu'm-ut,
as BY two young iiies Who vk In the same rom, and
iy, pest doos 10 her her resdenos, where she boards
thai they accompanied her um The min at noon to her
hfhers house AMI then amer dinner n the hos-e 10 The
post oce, where she Aske DC letter hut revived nons,
and lh~u IN the NH. TIE .,s,lsa hand testified that be
vNnci frOm the mill In Miss p~i,oas cmrsny that night
h her hihers house, where her mother testified she ~
m.iosi during the eaiirS evening.
Tue cous- &c the prosecution araei that the defence
IN. ,co eompe, 10 be cher than hhreaion shersup-
he baSd the respondent guilty, aud ecierci ser
70 Psy ape Ot ten dollars AMI cost. trOm vheh an aP-
| pal vas 81 taken -.s ... ..f
Mis- Dalton Ger. guilty should pct the punishment
have ben than hss q dollars, &c cpsning
letter ssd .A-sncax tAsr,tcm doArsi and u limo
THAT shs Asi he esrs 10 lm.-s th- 'uaAss, hos'