tody and care of the said D. B., and against his will, in the highway aforesaid, at the district aforesaid, then and there feloniously and violently did rob, steal, take, and carry away, against, etc., and against, etc. (Conclude as in book 1, chapter 3.) Second count. (Same as first to*, then proceed): and the said mail of the said United States from the custody, possession, and care of said D. B., and against the will of said D. B., in the highway aforesaid, at the district aforesaid, did then and there feloniously and violently rob, steal, take, and carry away, against, etc., and against, etc. (Conclude as in book 1, chapter 3.) Third count. (Same as first, omitting the qualification of)" dangerous weapons," (and averring the robbery to be of the): "said mail of the United States, then and there containing sundry letters,” etc. (1096) Another form for same. First count, robbing of the mail and putting in jeopardy with pistols.(b) That J. P., otherwise called J. M., late of, etc., yeoman, and G. W., late of, etc., yeoman, on, etc., at, etc., and within the jurisdiction of this court, with force and arms, in and upon one S. M'C., in the peace of God and of the said United States of America then and there being, then and there being the carrier of the mail of the said United States, and then and there having the custody of the said mail, and then and there proceeding with said mail from the city of P. to the borough of R., feloniously did make an assault, and him the said carrier did then and there of the said mail feloniously rob, and in then and there effecting the said robbery did then and there, by the use of dangerous weapons, to wit, pistols, put in jeopardy the life of the said S. M'C., he the said S. M'C. then and there being as aforesaid the carrier of the said mail of the United States, and having then and there the custody thereof, contrary, etc., and against, etc. (Conclude as in book 1, chapter 3.) (b) U. S. v. them executed. Wilson, 1 Bald. 78. The defendants were convicted, and one of Second count. That the said J. P., otherwise called J. M., and the said G. W., afterwards, to wit, on, etc., at, etc., and within the jurisdiction of this court, with force and arms, in and upon the said S. M'C. (then and there being a carrier of the mail of the United States), then and there having the custody of the said mail,* and then and there proceeding with the said mail from the city of P. to the borough of R., feloniously did make an assault, and him the said. S. M'C. in bodily fear and danger of his life then and there feloniously did put, and the said mail of the United States from him the said S. M'C., then and there as aforesaid being a carrier of the mail of the United States, then and there having the custody thereof, then and there feloniously, violently, and against his will, did steal, take, and carry away; and in then and there effecting the robbery so as aforesaid described, did then and there, by the use of dangerous weapons, to wit, pistols, put in jeopardy the life of the said S. M'C., then and there being the carrier of the mail of the United States, and then and there having the custody thereof, contrary, etc., and against, etc. (Conclude as in book 1, chapter 3.) Third count. (Same as first down to *, and then proceed): feloniously did make an assault, and the life of him the said S. M'C., by the use of dangerous weapons, did then and there put in jeopardy, and the said mail of the United States from him the said S. M'C. then and there feloniously, violently, and against the will of him the said S. M'C., did steal, take, and carry away, contrary, etc., and against, etc. (Conclude as in book 1, chapter 3.) (1097) Obstructing the mail.(c) That W. M'C., late of, etc., yeoman, on, etc., at, etc., and within the jurisdiction of this court, with force and arms, knowingly (c) The defendant was convicted and sentenced, on evidence showing that on the arrival of the cars containing the mail at the depot in Philadelphia, he drove his cab over the rails, and prevented the progress of the mail. U. S. v. M'Carran, Phil. 1847. The indictment was prepared by Mr. Pettit, then U. S. district attorney. See Rev. Stat. U. S. § 3995. I think the mode of obstructing should be averred. * and wilfully did obstruct and retard the passage of the mail of the United States, ** contrary, etc., and against, etc. (Conclude as in book 1, chapter 3.) Second count. (Same as first, inserting at the words) "driver of the," (and at ** the words) "conveying the same." Third count. (Same as second, inserting) “carrier," in place of "driver.” Fourth count. (Same as first, inserting at the words) "carriage carrying the." (1098) Taking a letter out of the United States mail.(d) That heretofore, to wit, on, etc., at, etc., and within the jurisdiction of this court, G. T., late of, etc., yeoman, did take out of the post-office, at, etc., a letter directed to a certain C. M., which had been in the said post-office, to wit, the post-office at P., and before the said letter had been delivered to the said person to whom it was so directed, with a design to obstruct the correspondence and to pry into business and secrets of another, contrary, etc., and against, etc. (Conclude as in book 1, chapter 3.) Second and third counts, for embezzling, etc. (1099) Stealing from the mail of the United States. First count, stealing the mail.(e) That A. B., late of, etc., in, etc., heretofore, to wit, on, etc., with force and arms, in, etc., and within the jurisdiction of this court, did then and there feloniously steal the mail of the United States of America, against, etc., and against, etc. (Conclude as in book 1, chapter 3.) (d) Rev. Stat. § 3892. See Wh. Cr. L. 8th ed. § 1827 et seq. (e) U. S. v. Hoff. The defendant was convicted and sentenced. See Wh. Cr. L. 8th ed. § 1827 et seq. 644 (1100) Second count. Stealing from the mail certain letters and packets. That A. B., late of, etc., heretofore, to wit, on, etc., with force and arms, at, etc., and within the jurisdiction of this court, did then and there feloniously steal and take from and out of a mail of the United States of America, certain letters(f) and packets (intended to be conveyed by post),(g) against, etc., and against, etc. (Conclude as in book 1, chapter 3.) (1101) Third count. Taking letters from the mail and opening and embezzling them. That A. B., late of, etc., heretofore, to wit, on, etc., with force and arms, at, etc., in the southern district of New York, in the second circuit, and within the jurisdiction of this court, did then and there feloniously take the mail of the United States of America, and certain letters and packets therefrom (intended to be conveyed by post), and did open, embezzle, and destroy such mail, letters, and packets, the same containing articles of value, against, etc., and against, etc.(h) (Conclude as in book 1, chapter 3.) (1102) Fourth count. Stealing a letter, specifying its contents and by whom sent. That A. B., late of, etc., on, etc., at, etc., and within the jurisdiction of this court, a certain letter, then lately before put into a mail of the United States of America, at the post-office at, etc., in, etc., by C. D., and intended to be conveyed by mail from said to the post-office at, etc., for and to be delivered to E. F., at, etc., which said letter did then and there contain an article. of value, to wit (here specify the article, and value of the same) (the property of certain persons to the jurors aforesaid unknown),(i) then and there, to wit, at, etc., and within the jurisdiction of this court, with force and arms, feloniously did steal and take from and out of a mail of the said United States of (f) This is full enough, no particular description of the letter being necessary; though if the letter be particularly described, it must be proved as laid. U. S. v. Lancaster, 2 M'Lean, 431; U. S. v. Patterson, 6 M'Lean, 466. (g) That this is necessary, see U. S. v. Okie, 5 Blatch. 516. (h) It is sufficient if the indictment conform to the statute. 2 M'Lean, 256. U. S. v. Martin, (i) As to this averment, see U. S. v. Foye, 1 Curtis's C. C. 369. America, against, etc., and against, etc. (Conclude as in book 1, chapter 3.) (1103) Fifth count. Same as fourth, without averment of contents. That A. B., late of, etc., on, etc., with force and arms, at, etc., and within the jurisdictions of this court, did then and there feloniously take from and out of a mail of the United States a certain letter, then lately before, to wit, on, etc., put into a mail of the United States of America, at, etc., and within the jurisdiction of this court, which said letter was directed to E. F., at, etc. (and was intended to be conveyed by post), against, etc., and against, etc. (Conclude as in book 1, chapter 3.) Sixth count. That A. B., late of, etc., on, etc., with force and arms, at, etc., and within the jurisdiction of this court, did then and there feloniously take a certain letter directed to E. F., at, etc., said letter containing an article of value (the property of ), from and out of a mail of the United States of America, and did open and embezzle said letter, against, etc., and against, etc. (Conclude as in book 1, chapter 3.) Seventh count. That A. B., late of, etc., on, etc., with force and arms, at, etc., and within the jurisdiction of this court, did then and there feloniously take a certain letter directed to E. F., at, etc., said letter containing an article of value, to wit, a certain the payment of and of the value of for (the property of ) from and out of the mail of the United States of America, and did then and there open and embezzle said letter, containing said article of value, against, etc., and against, etc. (Conclude as in book 1, chapter 3.) (For final count, see 17, 27, n., 123, n.) (1104) Another form for same, with counts for opening, etc. First count, stealing a letter and packet.(j) That heretofore, to wit, on, etc., at, etc., and within the juris (j) U. S. v. Kromer, Phil. 1836. This indictment was prepared by Mr. H. D. Gilpin, then district attorney. The defendant was convicted and sentenced. See Wh. Cr. L. 8th ed. § 1827 et seq. |