citizens of this commonwealth to debauch and corrupt, and to raise and create in their minds inordinate and lustful desires, on, &c., at, &c., and within the jurisdiction of this court, in a certain house there situate, unlawfully, wickedly and scandalously did exhibit and show for money to persons to the inquest aforesaid unknown, a certain lewd, wicked, scandalous, infamous and obscene painting, representing a man in an obscene, impudent and indecent posture with a woman, to the manifest corruption and subversion of youth and other citizens of this commonwealth, to the evil example, &c., and against, &c. (Conclude as in book 1, chap. 3.) (971) Against the printer of a newspaper for publishing an advertisement by a married woman, offering to become a mistress. (t) on That A. B., late, &c., in the county aforesaid, printer, being a person of an immoral and depraved mind and disposition, and unlawfully contriving and intending to bring the state of matrimony into public contempt and discredit, to corrupt the morals of the people of this commonwealth, and to induce the citizens thereof to commit the crimes of fornication and adultery, at did unlawfully and wickedly print and publish and cause and procure to be printed and published, in a certain public newspaper called the (here insert the title of the newspaper), a certain immoral and mischievous libel, in the form of an advertisement, which said immoral and mischievous libel is of the purport and effect following, to wit (here insert the advertisement verbatim, with proper innuendoes); to the great scandal and reproach of religion, good morals and good manners, to the evil and pernicious example of all others in like case to offend, and against, &c. (Conclude as in book 1, chap. 3.) (972) Indictment for threatening to accuse of an infamous crime.(u) That Henry Tiddeman, late of B., in the County of Middlesex, and within the jurisdiction of the Central Criminal Court, laborer, William the public mind in general, and debauching the manners of youth in particular, by lewd and obscene pictures exhibited to view, must necessarily be attended with the most injurious consequences, and in such instances courts of justice are or ought to be the schools of morals." See generally Wh. C. L. § 2547. In such an indictment it was said, it need not be averred that the exhibition was public; if it be stated that the picture was shown to sundry persons for money, it is a sufficient averment of its publication. Nor is it necessary that the postures and attitudes of the figures should be minutely described: it is enough if the picture be so described as to enable the jury to apply the evidence and to judge whether or not it is an indecent picture; nor is it necessary to lay the house in which the picture is exhibited, to be a nuisance; the offence not being a nuisance, but one tending to the corruption of morals. Wh. C. L. § 311-2547. (t) Davis' Prec. 156; 3 Chit. C. L. 887. (u) This precedent was sustained in R. v. Tiddeman, 4 Cox, C. C. 387, where Platt B., said, "The indictment charges the prisoners with making certain threats, with intent to extort from the prosecutor a valuable security; but it does not state whose property that security was, and the question is, whether or not the omission is fatal to its validity. The statute on which the indictment is framed is the 10 and 11 Vict. ch. 66, § 2, which makes it an offence to accuse or threaten to accuse any person of the offence specified, with a view or intent to extort or gain from such person any property, money, or security. The words of the statute are exceedingly important, because one of them, namely, 'extort,' has a certain technical meaning, which is defined in 2 Salkeld, and when a man is charged with extorsively taking, the very import of the word shows that he is not acquiring possession of his own. The ordinary form of indictment for extortion may be found in Burns's Justice, and the language there shows that it is not at all necessary that the thing extorted should be said to be the property of any person. In Rex v. Norton, 8 Carrington & Payne 186, the indictment was held bad for want of such an averment; but that was an indictment under another statute, which made it necessary that the party charged under it Landler, late of the same place, laborer, John Bennett, late of the same place, laborer, John Jones, late of the same place, laborer, otherwise called John Joyce, and John Sullivan, late of the same place, laborer, on the second day of March, in the year of our Lord at B. aforesaid, in the county aforesaid, and within the jurisdiction of the said court, feloniously did threaten one Samuel Wyatt, to accuse the said Samuel Wyatt of having committed the abominable crime of buggery with the said Henry Tiddeman, with a view and with the intent in so doing then and there and thereby to extort and gain from the said Samuel Wyatt a certain valuable security for the payment of money, to wit, a security for the payment of the sum of fifty dollars; contrary to the form of the statute in such case made and provided, and against the peace, &c. The second count alleged that the prisoners feloniously did accuse the said Samuel Wyatt of having committed the abominable crime, &c., with the said Henry Tiddeman. Third count. That they feloniously did threaten the said Samuel Wyatt, to accuse the said Samuel Wyatt of having attempted and endeavored to commit the abominable crime, &c., with the said Henry Tiddeman. Fourth count. That they did accuse the said Samuel Wyatt of having attempted and endeavored to commit the abominable crime of buggery with the said Henry Tiddeman. Fifth count. That they feloniously did threaten the said Samuel Wyatt, to accuse the said Samuel Wyatt of a certain infamous crime, that is to say, of having made to the said Henry Tiddeman a certain solicitation, whereby to move and induce the said Henry Tiddeman to commit with said Samuel Wyatt the abominable crime, &c. Sixth count. That they did accuse the said Samuel Wyatt of a certain infamous crime, that is to say, of having made to the said Henry Tiddeman a certain solicitation, whereby to move and induce the said Henry Tiddeman to commit with the said Samuel Wyatt the abominable crime, &c. Seventh count. That they did threaten the said Samuel Wyatt, to accuse the said Samuel Wyatt of having committed the abominable crime, &c. Eighth count. That they did accuse the said Samuel Wyatt of having committed the abominable crime, &c. Ninth count. That they did threaten the said Samuel Wyatt, to accuse the said Samuel Wyatt of having attempted and endeavored to commit the abominable crime, &c. should actually obtain the thing sought to be obtained; but that is not so here, because, whether anything is obtained or not, the crime is complete, and, therefore, whether the property belongs to the person threatened or not, is quite immaterial, the offence is committed immediately the accusation is made, with the evil intent stated in the indictment." Tenth count. That they did accuse the said Samuel Wyatt of having attempted and endeavored to commit the abominable crime, &c. Eleventh count. That they did threaten one Samuel Wyatt, to accuse the said Samuel Wyatt of having committed the abominable crime, &c., with the said Henry Tiddeman, with a view and intent thereby to extort money from the said Samuel Wyatt. There were nine other counts, only varying from the first ten as the eleventh did in alleging the intent to be to extort money. (973) Sending a letter, threatening to accuse a person of a crime. Mass. Rev. Sts. ch. 125, § 17.(v) That C. D., late of F., in the County of M., laborer, on the first day of June, in the year of our Lord at F., in the County of M., feloniously, knowingly, wilfully, and maliciously did threaten one E. F., to accuse the said E. F. of having committed the crime of (here set forth the crime), by then and there feloniously, knowingly, wilfully, and maliciously sending to the said E. F. a certain written communication, which said written communication is of the following tenor, that is to say (here set out the letter correctly), (w) with intent thereby then and there feloniously, wilfully, and maliciously to extort money from the said E. F.; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (974) Sending a letter, threatening to burn a dwelling-house. Mass. Rev. Sts. ch. 125, § 17. That C. D., late of F., in the County of M., laborer, on the first day of June, in the year of our Lord at F., in the County of M., feloniously, knowingly, wilfully, and maliciously did threaten one E. F. to burn and destroy a certain dwelling-house, of the property of the said E. F. there situate, by then and there feloniously, knowingly, wilfully, and maliciously sending to the said E. F. a certain written communication, which said written communication is of the following tenor, that is to say, &c., with intent thereby then and there feloniously, knowingly, wilfully, and maliciously to extort money from the said E. F.; against, &c., and contrary, &c. (Conclude as in book 1, chap. 3.) (975) Sending a threatening letter.(x) That W. B., late of B., in the County of Surrey, laborer, on the first day of March, in the year of our Lord with force and arms, at B. aforesaid, in the county aforesaid, knowingly and feloniously did send to one J. H. a certain letter, directed to the said J. H., by the name and description of Mr. H., Esquire, accusing the said J. H. of having committed a certain crime punishable by law with death, to wit, the abominable crime of buggery, with the said W. B., with a view and intent thereby then and there to extort and gain money from the said J. H., which said letter is as follows, that is to say: "Sir, I write to inform you that you have being very unkind, trying to your extreme energies to reflect disparagement on my reputation; in retalliation, I shall make known those liberties and diabolical actions you took with me when I was bathing you in your room, what I term sodomiting. (v) Tr. & H. Prec. 472. (w) The letter must be set out correctly; Rex v. Lloyd, 2 East, P. C. 1123. (x) 1 Cox, C. C. Appendix, p. xi. Some compensation I wish to receive from your hands, in one way or another. I am waiting for an answer at the bottom of Stockwell Lane.-Obedient servant, but injured W. B. ;" contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) CHAPTER VIII. OFFENCES AGAINST FOREIGN MINISTERS. (976) Assault on a foreign minister. (977) Contempt of the person of a foreign minister, by threatening bodily harm to another in his presence. (978) Arresting a foreign minister. (979) (980) (981) Second count. Third count. Third count. Imprisoning same. Same stated more specially. (982) Issuing process against a foreign minister. (983) Opening and publishing letter of foreign minister. (976) Assault on a foreign minister. THAT A. B., late of, &c., on, &c., at, &c., and within the jurisdiction of this court, with force and arms, in and upon one C. D., then and there being a public minister, to wit, did make an assault, and him the said C. D., then and there being such public minister as aforesaid, did then and there strike and wound, and other wrongs to the said C. D. then and there did, contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) Second count. That A. B., late of, &c., heretofore, on, &c., at, &c., and within the jurisdiction of this court, with force and arms, in and upon one C. D., then and there being a public minister, to wit, the in the United States of Ame rica, duly recognized and received as such by the president of the said United States, did make an assault; and him the said C. D. then and there being such public minister aforesaid, did then and there strike and wound, and other wrongs to the said C. D. then and there did, to the great damage of the said C. D., against, &c., and against, &c. (Conclude as in book 1, chap. 3.) Third count. (Like second count, substituting): "duly received and recognized as such by the department of state of the said United States," for "duly recognized and received as such by the president of the said United States." Fourth count. That the said A. B., late of, &c., heretofore, to wit, on, &c., at, &c., and within the jurisdiction of this court, with force and arms, in and upon one C. D., then and there being a public minister, to wit, the in the United States of America, did make an assault; and him the said C. D. then and there being such public minister aforesaid, did then and there strike and wound, and did then and there infract the law of nations by offering violence to the person of the said C. D., so being such public minister as aforesaid, and other wrongs to the said C. D. then and there did, to the great damage of the said C. D., contrary, &c., and against, &c. (Conclude as in book 1, chap. 3.) Fifth count. (Like fourth count, except before): "did make an assault, and him the said then and there," &c., insert " duly received and recognized as such by the President of the United States." Sixth count. (Like fourth count, omitting the charge of): "strike and wound," &c. Seventh count. (Same as sixth count, inserting before): "did make an assault," &c., "duly received and recognized as such by the President of the United States.” Eighth count. That the said A. B., late of, &c., heretofore, on, &c., at, &c., and within the jurisdiction of this court, with force and arms did infract the law of nations, by offering violence to the person of one C. D., the said C. D. then and there being a public minister, to wit, the in the United States of America, to the great damage of the said C. D., against, &c., and against, &c. (Conclude as in book 1, chap. 3.) Ninth count. (Same as eighth count, inserting after): "in the United States of America," and before "to the great damage of the said," &c., "duly received and recognized as such by the president of the said United States." (For final count, see 17, 18, 181 n., 239 n.) (977) Contempt of the person of a foreign minister, by threatening bodily harm to another in his presence. (a) That C. and L., late, &c., on, &c., at, &c., in the dwelling-house of his excellency the French minister plenipotentiary, in the presence of F. B. M., unlawfully and insolently did threaten and menace bodily harm and violence to the person of the said F. B. M., he being consul-general of France to the United States, consul for the State of Pennsylvania, secretary of the French legation, &c., resident in the house aforesaid, and under the protection of the law of nations and this commonwealth, against, &c. (Conclude as in book 1, chap. 3.) (For final count, see 17, 18, 181 n., 239 n.) (978) Arresting a foreign minister.(b) That P. R. B., late of, &c., on, &c., at, &c., did imprison one L. B., he (a) Res. v. De Long Champs, 1 Dall. 111. (b) U. S. v. Benner. This indictment was drawn by Mr. G. M. Dallas in 1830, and was sustained in 1 Bald. 234. On a motion for arrest of judgment, Mr. Justice Baldwin said: "The reasons are two. "1. That the only count on which the verdict is given against the accused, does not describe him as an officer; does not charge him with having executed process, nor state any offence against any act of Congress or law of the United States. "2. That the said count does not state that a public minister of any foreign power or state, authorized and received as such by the President of the United States, was imprisoned, or was or might have been arrested or imprisoned. The act of Congress upon which this indictment is framed provides, in its differ |