Page:Federal Reporter, 1st Series, Volume 3.djvu/485

478 7bdekal befobteb. �United States v. De Mott. (Commissioner'» Court, B. New Jertey. , 1880.) �L JUBISDICTION — 8TATIi AND PbDEBAI. COUBTS — StOPPOIO UbTTBD �States Mails— Rev. St. S 3995.— Section 3995 of the Bevised Statutes provides that " any person who shall knowingly and wilfuUy obstruct or retard the passage of the mail, or any carnage, horse, driver, or car- rier carrying the same, shall, for every such oflence, be punishable bya fine of not more than $100." Hdi, that such statute is applicable to a person stopplng a train carrying the United States mail, although he has obtained a judgment and writ of possession from a state court against the railroad company in respect to the lands about to ba croBsed by such train. �Hearing before Commissioner. �Upon complaint ruade by the agents of the New York & Greenwood Lake Eailroad Company defendant was arrested upon the charge of obstructing the passage of the United States mails carried on a ti-ain of the said company. �Upon the examination it appeared that the defendant had ■placed obstructions upon the rails, and refused to allow the mail train to pass, on the ground that the land belonged to bis mother, and that he held a writ of possession issued ont of the Morris circuit court against the railroad company. �The conductor of the train told him that the train carried the United States mail, showed him the mail bags, and re- quired him to remoTe the obstructions, but he refused to do 80, and forbade the conductor to remove them, saying that he held possession of the land under an order of the court, and would hold the conductor liable for trespass if the train crossed the land. �The train was run back to a telegraph station for orders, and afterwards returned, and the conductor removed the obstructions, and crossed the land in spite 6f the remon- etrances of the defendant. The train was delayed more than two hours. �Geo. M. Keashey, Ass't U. S. Dist. Attôrney, for the Gov- ernment. �B. D. Salmon and Wm. P. Miller, for defendant. ����