UNr,rR,D. STATES fl. LYNCH.
tiQn are simply matters in defense, .whichhemust plead, and which the government,oouldomit in the indictmellt. . 3. of the "cutting timber under this statementoftwo offenses in one count, has been held in statute, another 4nthis court, and I do not see any good reason to now change that view. While in 9 How. 354, and 32 Feq. Rep. 376, I!Upra, the question was not directly raised, the indictments were for the cutting and of timber; and in U. S. v. Fero, 18 Fed. Rep. 901, with a somewhat similar statute under consideration, the ab<?ve view was sustained. The demurrer is therefore overruled.
UNITEl) STATES ". LYNCH
(Di8trict Cotm, B. D. CtLlifomia. March 10, 1899.)
UnderAct Congo Sept. 111, 1800, making it a mIsdemeanor to deposit tn tbe mall any newspaper containing the advertisement of a lottery, an Indictment charging, in the languaie pf the act" that defendant COmmitted the offense by depositing such newspaper in the maij, etc., and setting forth the name and address of the person to whom it was sent, is sufllcient without. alleging prepayment of postage thereon. '
At JAW. Indictment against Joseph D. Lynch al1 d Jaml's J. Ayers for mailing l()tteryadvertisementB. :Demurrer to the inpictwent. OVt:rruled. M.T. Allen, U. S. Atty. A. B. Hotchb4Js and .lay E. Huntei', for defendants. ;Before Ross,District Judge. Ross, DistrictJudge. The statute on wbich J18se is, among otht:r things, tllatindictment in this
'''No letter, postal-card,ortircular any lottery. and no Jist of the draWings at any'foltery, * * * sluilfbe eanied in 'the mail, or dt'livered at or throngh any post-office o,r branch thereof. or uy any h·ttercarrier; nor shaH any newspaRer. * * ... contai any advertlseml'nt of any Jotter)-, * * * or containing any list of prizes awarded at the drawings of an)' such lottery. * * * whtlther said list IS of any part or of all of the drawing. be carritld in the mail or delivered by any pORtm'lsler or letter-carrier. Any pt'J't;on who shall knowingly deposit or cause to be depusited * · * anything to be conveyed or utllivt'red by mail ill \iolatioll of this section':. * shall be deelUed guilty of a mistlemellnor," etc.
It is quite obvious, from this that any, person who shill! knowingly deposit- or cause to be deposited in a United' States post-office, M'!' pe by mail, any newspaper conta1l'1ing any list bi'prizes awarded at the drawing of any such lottery I whether the list is is guilty of the6ffense d'enounced of any part or of all of the by the statute. of the
expresMy, withQutany 'uncertainty/or '$etforth all the menta necessary to constitute, the offense intended to be punished; and, an irid;ctment that chlirges the offense'i'il'thelanguage of the sfututeis sufficient. U. S; v.' CarU. 105 U. '8:611.' Turning to the indictm'ent. it seen that it charges that defendants, at a cer· tain'designated time, did willfully,unlawfully, wrongfully, and knowingly deposit and cause to be depbsited in the United States post-office at the city of Los Angeles, to be conveyed' and delivered. by United States mail, 'jl;" ctlrlain newspaper, (describing it,) which said' newspaper then and there contained a list of prizesavvarded at the d'rawingof a certain lottery, (describing it;) the defendants then and there well knowing that the said newspaper then and there by them deposited and caused to be deposited, to be conveyed and delivered by the said mail, contained such list of prizes awarded at the drawing of such lottery, and then and there concerned a lottery,and then and, there to be u.nmailable matter. The newspaper described in the first count of the indictment, and alleged to have been so deposited, and causeclto be deposited, tOQe so conveyed and delivered, is therein alleged to have been addressed to "John Wolfskill,.,Santa Similar offenses are alleged 'in the, second, and fourth of the indictment; except thatiri the second 'the newspaper therein chargedtp have been by the deposited'and caused to be deposited, to be conveyed and delivered ,by the United States mail, is alleged to hR.ve been addressed "Outlook X;" in the third, to have been addressed. "F. R. Ellis;" and in "Santa ,The address'goes only to the point of the identification of the alleged t6 have been deposited lthd caused to be deposited, and to indicate to whom or where it is to be conveyed and delivered. The gist of the offense consists in the or caUSIng to be to be conveyed or delivered' by the niail, any newspaper ,containh)g or ing to the prohibited matter. Nor is it goodgtound of objection to the inpictlllent that it not allf'ge the payment of postage upon the, papers 1'0 question. The statute dbesnot make prepayment of postage an element of the defined. " The indictment is, in my opinion" sufthe- deDl:\U"l'er is therefore overr¥ed.' . . "
Febf\1allJ' 95, 1892.)
FALSI!I IN BTA.'tBMENor-1..NATIONAL' B'ANKS-EviDBNoB. ' False entries in, a statement, made by 'a book-keeplll'at. t.he request. of t.he bank purporting to give the balance!! due, which statement it wu the duty of the examiner to make. and not of the book-keeper, will not sustain an indictInent tor making "false·entries in i , . .. · a !!tatement of the 88fIOciatloxa.Jlfll1er aev. St. 5.200. .
of the Philadelphia bar