United States v. Davidson
Decision Date | 30 August 1917 |
Citation | 244 F. 523 |
Parties | UNITED STATES v. DAVIDSON. |
Court | U.S. District Court — Northern District of New York |
Dennis B. Lucey, U.S. Atty., of Ogdensburg, N.Y.
Benj. P. Wheat, of Saratoga Springs, N.Y., for defendant.
RAY District Judge (after stating the facts as above).
For the purposes of the demurrer and of determining the sufficiency of the indictment, assuming the facts stated to be true, on the 21st day of April, 1917, the defendant, at Saratoga Springs, N.Y., and within the Northern District of New York deposited in the post office for mailing a letter inclosed in a post-paid envelope, duly addressed and directed to Mrs ., and which letter or writing reads as follows:
The second count charges the deposit in the post office April 12 1917, of a post-paid envelope, with contents, on the outside of which envelope was written the following: 'Mrs. W. Martin, Pros., Care Mrs. Freeborn, 14 Walworth Street, City. ' The letter or abbreviation, if it be such, 'Pros.,' followed the name of the addressee, and was placed about three-fourths of an inch therefrom. By reason of its location, it was calculated to attract attention. 'Pros.' was undoubtedly intended as an abbreviation, and when we read the letter inclosed and the subsequent letter sent the addressee, April 21, 1917, we must reasonably conclude what was intended by the one who addressed the envelope. The proof on the trial would undoubtedly show that the letters 'Pros.,' so written on such envelope, were intended by the writer thereof as an abbreviation of the word 'prostitute,' but without such knowledge gained by reading the two letters the reader of such words and letters 'Pros.' on such envelope would have no means of knowing or forming a correct conclusion as to their meaning, except such as is warranted by reference to out dictionaries of the English language. The Century Dictionary defines 'Pros.' as 'an abbreviation of prosody,' and also 'Pros.' as 'a prefix in words of Greek origin or formation, meaning 'to,' 'towards,' 'before,' etc. ' This is familiar knowledge to the close student of English and also to those who have studied the Greek language. Of itself, 'Pros.' does not suggest, even remotely, anything either indecent, lewd, lascivious, obscene, libelous, scurrilous, or of a defamatory character. Taking and applying the ordinary and natural meaning to this abbreviation found on this envelope, and the addressee was described as a singer, or speaker, with modulation of voice, especially as to tone or accentuation, or as one versed in the science or quantity of syllables and pronunciation as affecting versification. See 'Prosody,' Century Dictionary. The di-derivatives of napthaline are 'sometimes distinguished by prefixes, as 2.6 amplin, 2.7 pros.,' etc. See Webster's New International Dictionary.
The question then arises, does it constitute an offense against the statute (section 212, Criminal Code) to place on an envelope an abbreviation known to the writer and to the recipient of the inclosed letter, as disclosed by the contents of such letter to the recipient thereof and to no one else, to charge immorality, etc., but which abbreviation to all others would have only a proper, innocent, and even flattering signification? I think not. This envelope is attached to, is referred to in, and forms a part of, the second count of the indictment and speaks for itself. The letter inclosed in such envelope is neither attached to, nor referred to in, the indictment. There is no allegation in the indictment that the abbreviation 'Pros.' had other than its ordinary meaning as generally understood and defined in the dictionaries, or that it had any other meaning as understood by the writer and by the person to whom addressed. While the indictment charges in count 2 that the words or letters 'Pros.' on the envelope were of an indecent, lewd, lascivious, obscene, libelous, scurrilous, and defamatory character, etc., the envelope itself, which forms a part of this count of the indictment, shows that they were not of that character, but innocent in and of themselves, and as generally understood and according to their ordinary and natural and well-defined meanings. Section 212 of the Criminal Code (U.S.) reads as follows:
I think that, to be nonmailable, the delineations, epithets, terms, or language on the envelope must, of itself or of themselves, be of an indecent, lewd, lascivious, obscene, libelous, scurrilous, defamatory, or threatening character, or of themselves calculated, by the terms or manner or style of display thereon, and obviously intended, to reflect injuriously upon the character or conduct of another. It would seem that a statute of this character, to prevent the abuse or improper use of the United States post office establishment and mails, is intended for the protection of the government and general public and not the redress of private grievances. In United States v. Jarvis (D.C.) 59 F. 357, the address on the envelope was and it was held that this was not defamatory per se, and not calculated to reflect injuriously on any one, whether referring to the addressee of the letter and envelope or to the Pease House or Hotel. The judge said:
So here the abbreviation 'Pros.' is not obviously intended to reflect injuriously upon the character or conduct of any person or persons. The injurious and slanderous meaning concealed from the general public and unknown to it, and only known to the writer and recipient of the envelope and inclosed communication, cannot bring the case within the statute quoted.
The second count of this indictment is insufficient to charge an offense, and as to same the demurrer is sustained and the count dismissed.
Returning to count 1 of the indictment, we have a private letter sent under seal through the post office to the addressee, and which letter says, referring to some one's chile 'Just as soon as the bastard is old enough to understand, I'll write her a full account of her prostitute mother, and,' etc. Later it refers to the husband, and states he is ashamed of this mother; and, later, referring evidently to the first wife, says: This communication starts off with, 'You haven't stopped him from taking the lady out have you? ' It is impossible to tell certainly who 'the lady' referred to is or who 'him' is. The language I have quoted plainly imputes want of chastity to a woman, the addressee I think, by stating her child is a bastard, a child begotten and born out of wedlock, and that the mother is a prostitute, one who gives herself to promiscuous sexual intercourse. This, if published,...
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