Horner v. United States

• Decision Date: 29 February 1892
• Citation: 36 L.Ed. 126,12 S.Ct. 407,143 U.S. 207
• Parties: HORNER v. UNITED STATES et al
• Court: U.S. Supreme Court

143 U.S. 207

12 S.Ct. 407

36 L.Ed. 126

HORNER v. UNITED STATES et al.

February 29, 1892.

Alfred Taylor, F. S. Parker, and Herman Aaron, for appellant.

Sol. Gen. Taft, for appellees.

Mr. Justice BLATCHFORD delivered the opinion of the court.

On the 13th of January, 1891, an indictment was found by a grand jury of the district court of the United States for the southern district of Illinois against Edward H. Horner, charging that, on December 28, 1890, he unlawfully and knowingly deposited, and caused to be deposited, in the post-office at New York, in the state of New York, 'a certain circular containing a list of prizes awarded at the drawing of a lottery, which said circular was then and there numbered 538, and purported to be issued from the banking-house of E. H. Horner, at 88 Wall street, and was deted at New York, December 27, A. D. 1890, and was them and there addressed to Mrs. M. Schuchman, 624 Illinois St., Bellevill, Ill., in said district, and was then and there carried by mail for delivery to said Mrs. M. Schuchman, 624 Illinois street, in Belleville, Ill., in said district, according to the said direction thereon.'

There was a second count, charging Horner with having, on December 30, 1890, unlawfully and knowingly deposited, and caused to be deposited, in the post-office at New York, in the state of New York, a certain circular containing lists of prizes awarded at the drawings of certain specified lotteries, 'which said circular was then and there inclosed in a sealed envelope, duly stamped with postage-stamps for the amount of postage required thereon by law, and was then and there addressed, upon the outside of said envelope, to Mrs. M. Schuchman, 624 Illinois St., Belleville, Ill., in said district, and was then and there, after being so deposited in the post-office as aforesaid, carried by mail for delivery to said Mrs. M. Schuchman, at 624 Illinois street, in Belleville, Ill., in said district, according to the direction thereon.'

A third count charged that Horner, on December 28, 1890, unlawfully and knowingly deposited, and caused to be deposited, in the post-office at New York, in the state of New York, a certain circular containing a list of prizes awarded at the drawing of a specified lottery, 'which said circular was then and there addressed to Mrs. M. Schuchman, 624 Illinois St., Belleville, Ill., in said district, and was then and there carried by mail for delivery to said Mrs. M. Schuchman, 624 Illinois street, in the state of Illinois, and in said district, according to the direction on said circular when it was so deposited in the post-office at New York by said Edward H. Horner, as aforesaid.'

A fourth count charged that Horner, on December 29, 1890, unlawfully and knowingly deposited, and caused to be deposited, in the post-office at New York, in the state of New York, 'a certain printed publication having a caption of the tenor following, viz., 'Banking-House of E. H. Horner, No. 88 Wall Street,' bearing date at New York on the 27th day of Decem- ber, A. D. 1890, and numbered 538, containing a list of prizes awarded at the drawing of a lottery; which said publication was then and there inclosed in a sealed envelope, duly stamped with postage-stamps, and was addressed to Mrs. M. Schuchman, 624 Illinois St., Belleville, Ill., in said district, and was then and there carried by mail, after being so deposited as aforesaid, for delivery to Mrs. M. Schuchman, 624 Illinois street, Belleville, Ill., in said district, according to said direction thereon.'

A fifth count charged that Horner, on the 31st of December, 1890, within said southern district of Illinois, unlawfully and knowingly did 'cause to be delivered by mail to Mrs. M. Schuchman, 624 Illinois St., at Belleville, in the state of Illinois, and in said district, a certain circular containing a list of prizes awarded at the drawing of a lottery in two-and a-half per cent. city of Antwerp bonds of 1887, at Antwerp, on the 10th day of November, A. D. 1890; which said circular was then and there unmbered 538, and had a caption printed thereon, in substance, as follows, viz., 'Banking-House of E. H. Horner, No. 88 Wall Street,' and was dated of the 27th day of December, A. D. 1890; which said circular he, the said Edward. H. Horner, theretofore, to-wit, on the 29th day of December, A. D. 1890, did knowingly deposit, and cause to be deposited, in the post-office at New York, in the state of New York, addressed to said Mrs. M. Schuchman, at 624 Illinois St., in Belleville, in the state of Illinois, and which said circular was then and there carried by mail for delivery to said Mrs. M. Schuchman, 624 Illinois street, at Belleville, in the state of Illinois, according to said direction so upon said circular as aforesaid.'

That indictment was founded on section 3894 of the Revised Statutes of the United States, as amended by the act of September 19, 1890, c. 908, (26 St. p. 465,) which reads as follows: 'No letter, postal card, or circular concerning any lottery, so-called gift concert, or other similar enterprise offering prizes dependent upon lot or chance, or concerning schemes devised for the purpose of obtaining money or property under false pretenses, and no list of the drawings at any lottery or similar scheme, and no lottery ticket of part thereof, and no check, draft, bill, money, postal note, or money order for the purchase of any ticket, tickets, or part thereof or of any share or any chance in any such lottery or gift enterprise, shall be carried in the mail or delivered at or through any post-office of branch thereof, or by any letter carrier; nor shall any newspaper, circular, pamphlet, or publication of any kind containing any advertisement of any lottery or gift enterprise of any kind offering prizes dependent upon lot or chance, or containing any list of prizes awarded at the drawings of any such lottery of gift enterprise, whether said list is of any part or of all of the drawing, be carried in the mail or delivered by any postmaster or letter carrier. Any person who shall knowingly deposit or cause to be deposited, or who shall knowingly send or cause to be sent, anything to be conveyed or delivered by mail in violation of this section, or who shall knowingly cause to be delivered by mail anything herein forbidden to be carried by mail, shall be deemed guilty of a misdemeanor, and on conviction shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment for each offense. Any person violating any of the provisions of this section may be proceeded against by information or indictment and tried and punished, either in the district at which the unlawful publication was mailed or to which it is carried by mail for delivery according to the direction thereon, or at which it is caused to be delivered by mail to the person to whom it is addressed.'

On the 15th of January, 1891, a post-office inspector made a complaint on oath before John A. Shields, a United States commissioner for the southern district of New York,...