George Goode, a letter carrier, was indicted and convicted in the district court for the district of Massachusetts for embezzlement and theft from the mail. The indictment contained seven counts, the first three of which charged a violation of Rev. St. § 5467, and the last four a violation of section 5469. The substance of these sections is printed in the margin. [1] The case was submitted to the jury under certain instructions, hereafter to be considered, who returned a verdict of guilty upon the whole indictment.
The facts of the case were substantially as follows:
Goode, the plaintiff in error, was a letter carrier employed in the branch post office at Roxbury, which had formerly been an independent post office, but is now known as the 'Roxbury Station' of the Boston post office. Complaints having been made of thefts from the mails at this office, Thomas J. Boynton, a post-office inspector, prepared two decoy letters, one of which was addressed to Whitcomb, Keyes & Co., a firm of merchant tailors on Washington street, in the Roxbury district, and was subsequently delivered to them in the regular course of business, and one addressed to John Muldoon, Esq., 153 Ziegler street, Boston, Mass., and postmarked West Cheshire, Conn.
Boynton, in fact, took an envelope containing that postmark, filled in the date, which was missing on the postmark, with type which he had in his office for that purpose, and canceled the stamp with a canceler, such as was used ordinarily in the smaller post offices. He inclosed in the letter two one-dollar silver certificates and five two-cent postage stamps, marked the postage stamps by means of pin holes, and gave the letter to one McGrath, who was assistant superintendent of the mailing division of the main post office in Boston, but who was stationed temporarily, by direction of the postmaster, at the Roxbury office.
McGrath, when the letter carriers were out, called as witness the superintendent and person having charge of the branch post office, and in his presence put the letter into defendant's, Goode's, box. This was not the ordinary method of depositing the mail. Indeed, he passed by the places on the outside as well as the inside of the post office, where letters are usually mailed, and went into the back room, where the letters, after passing through the mails, are sorted. Goods returned from his route, took up all the letters in his box, and went to his desk, which was situated in the same room. His own route terminated at No. 51 Ziegler street, and it was his duty to put this Ziegler street letter into the box of the carrier whose route included the higher numbers of Ziegler street, or to put it into what was known as the 'list box.' This list box was kept for the reception of any letter known as a 'beat' or a 'nixie'; that is, a letter addressed to a person not to be found in the district. On Goode's return from his route, the letter not being found in either of these boxes or elsewhere, he was searched, and the five marked postage stamps were found upon his person. It was shown that, while absent on his route, he had the opportunity of disposing of the letter and the silver certificates therein contained. There were a large number of other letters in the box in which this Muldoon letter was put by McGrath. McGrath knew at the time that there was no such place as 153 Ziegler street, and that there was no such person as John Muldoon. He put the letter in the box for the purpose of being able to identify its contents in case Goode embezzled them.
Goode was sentenced, upon conviction, to imprisonment at hard labor for three years, and thereupon sued out this writ of error.
Elbridge R. Anderson, for plaintiff in error.
[Argument of Counsel from pages 666-668 intentionally omitted]
Asst. Atty. Gen. Whitney, for defendant in error.
Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.
Notes
edit- ↑ Sec. 5467. Any person employed in any department of the postal service who shall secrete, embezzle, or destroy any letter * * * intrusted to him, or which shall come into his possession, and which was intended to be conveyed by mail, or carried or delivered by any mail-carrier, mail-messenger, route-agent, letter-carrier, or other person employed in any department of the postal service, or forwarded through or delivered from any post office or branch post office established by authority of the postmaster-general, and which shall contain any * * * postage stamp * * * or other pecuniary obligation or security of the government, * * * any such person who shall steal or take any of the things aforesaid out of any letter, * * * which shall have come in his possession, either in the regular course of his official duties or in any other manner whatever, and provided the same shall not have been delivered to the party to whom it is directed, shall be punishable by imprisonment at hard labor for not less than one year nor more than five years.
Sec. 5469. Any person who shall steal the mail or steal or take from or out of any mail or post office, branch post office, or other authorized depository for mail matter, any letter or packet; any person who shall take the mail, or any letter or packet therefrom, or from any post office, branch post office, or other authorized depository for mail matter, with or without the consent of the person having custody thereof, and open, embezzle, or destroy any such mail, letter, or package which shall contain any * * * postage stamp * * * or other pecuniary obligation or security of the government; * * * any person who shall, by fraud or deception, obtain, from any person having custody thereof, any such mail, letter, or packet containing any such article of value shall, although not employed by the postal service, be punishable by imprisonment at hard labor for not less than one year and not more than five years.
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