Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1896-04-10
WILL NOT BE TRIED.
Judee Hughes QuashsS The Indictment
Found Against 0idCer Lamhin.
o STATUTE WAS VIOLATED.
The Letters, Even IL Written by the
tnspcctor, We're Not Obscene
Judges Have No Right 10 AFTER '"e
spirlt OF the Lnw-IIonrJ TO Act.

Judges Have No Right to Alter the
sptrlt OF the Law-Bonrd to Act.
Judge Hughes. in the United States
instruct Court yesterday. handed down
o., opinion quashing the indictment re-
,.rncd by the grand jury against SAM
t,,,.-Inspoctor Il. G. Bdmkin, charging
t.-, with writing obscene letters TO Miss
80 I.avne and sending them through
en-. United States mails. In violation OF
tbo law on tat subject.
rugro Ilughes. some hours before hand
,ro down his opinion. heard the arGu-
ute NJ Mcssrs. Flcgenheimer and
r,ors counsel for the defence, on the
motion 10 quash, and District-Attorney
1assitcr for the prosecution, resisting it,
Afr Fcccnheimer made the opening ar
,1neut. He based che case upon the
distinction Of the statute. The ques.
,t., was whether there was anything
t, she letters that could be considered as
.t..,pe. lcwd. or lasclvious in the sense
meant by the law. The letter Of the
statute must be strictly construed. and
o.. insisted that the letters were. free
t,,u obsrenity. and had even been pub
r.he5 I'm fun by the newspapers, which
,,Dld not have been done had they been
Objectionable TO tho public sense Of de-
cencv. without the journals being sub
,.rt 10 prosecution under the same law.
frc said that the fact that the defendant
,ss "a married man was entirely foreign
Z, trc case, and had nothing 10 do WIN
d. Ii seemed 10 him that this fact had
lecn continually brought forward, IN
order to prejudice public opinion In re-
gard % the accused.
He said he was perfectly satisfied that
tte defendant was innocent Of the
charges made against him, mat they
had. In his opinion, been with malicious
intent. or to shield some one else, who
was the guilty party.
DECLARED TO BE LASCIVIOUS.
Mr.. I.assiter. the District Attorney,
then addressed the Court lie SAID th@l
tho question then before the Court was
not as 10 the guilt Of the Defendant, Out
az 10 whether the letters mentioned III
the indictment were obscene, IeWd' or
i.uoIvious IL was a farce he said, TO
lul1 tnNl the ltlltIS were iSb VI "a 49,
,ious nature and no one present would
wish his sister to receive such com
nuulcation. The government ran the
mails for the public good. and would no'
have them debauched for the pubic
shame.
MI Lyons. Of counsel for the defence,
nlu made his argument on the motion
=, ouash. No word in the letters. ne
s.H could be considered as obscene
IsV1. or lascivious. unless their mean
fry WAS strained. The indictment was
rat property drawn. he said. and failed
Z. state with what offence the accused
was charged. "a ciandestine meeting
for a grossly immoral purpose was not
srfHclent The accused had right by
law 70 know the exact nature OF The
charge against him.
Judge Hughes. at the conclusion OF the
argument stated that he would announce
IFS decision before the grand Jury ad-
fournei for the dag; and at o'clock he
read his opinion, sustaining the demurrer
OPINION OF THE JUDGE.
judge Hughes holds in the opinion that
.lo letters which MISS Lena received were
lot In terms obscene, for. II 60 lheE
would not have been published IN lul III
ne Richmond daily newspapers ana ID
other public journals.
Tbav contain. SAYS the opinion. no In
gaceut language. words or expressions.
rhev contain requests that the girl should
meet the writer on a public street IN the
9avtiuie. complaints OF her failure 10
meet him in that manner as requested
before and warnings that he would cease
To make these requests any longer ald
that he would withdraw his friendship
from her. They We're mailed, ana II
tb,ls is any law OF the United States
making the mailing of such matter penal
tb. accused is liable to prosecution IN
this court for mailing them. SUI
there Is no such law on the federd
satute-books. Although Judge Hughes
contends they are free from lewi anu
Indecent language, expressions. ana
words. vet they have been written Tor an
immoral purpose: or to obtain meetings
.ar immoral purposes. and the accused.
a.. mailing them, may have abused the
privilege Of the mails given 10 every citi-
s.u. This misuse of the mails and abuse
Of IN. citizens privilege. he holds, IS
I,.ro.s offence against society, but That
Il does not constitute an offence against
any statute law of the United states
rlae. probably ought 10 be such a law,
Do SAWS. and il Is probable that before
iUr. Congress viii see the propriety oil
pas ug one but as yet IL has not done
so. and there is none on the statute
books
10 Is the province Of the state to pro
t.et the morals of society and 10 punish
an violations Of them. There are state
laws which DO seek TO effect this object
lut there IS no State law Furnishing the
crime OF writing letters for an immoral
purpose. lf there be, the crime OF writing
i IL "a State OIL
fence. punishable by the State courts.
NO STATUTE To REACH IT
TIE substance Of the remainder of the
opinion Is that in order for the sending OF
H.h letters % be cogniZable by the Fede-
ill courts two things must cOncur-frst,
fl. letters shall be mailed, and, second
i.s offence OF mailing letters intended for
Immoral purposes shall be made penal by
SOM. express statute of the United states:
tllt Their, IS no law Of the United states
wtue penal the mailing of letters IN
tended for immoral purposes. IL CON
.-.s- had intended TO make such mailing
.Hl 10 could have easily done 50 by an
So ot plain. unmistakable words. CON
fi.e has not done so, and this indict-
T.lf has been drawn upon a statute tsec-
i.a o2s of the Revised Statutes amended
H Inp.ement Of page GID prohibiting the
mailing of obscene. icwd, lasciviOus IAN
ae pictures words, phrases, letters
,rI otherwise Indecent publications. The
.r4se Of this statute Is. 50 far as
applicable 90 this case, Every obscene
.enl 0r lascivious letter OF an indecent
character is declared 10 be unmailable
and ,he offence IS subjected TO heavy
penalties. Obviously two things must
concur TO make up the offence: First