Rufus Wheeler Peckham

“ The fact that it is to a fictitious person is in all probability entirely unknown to the carrier, and, even if known, is immaterial. Indeed, if suspected by the carrier, the suspicion would cause him to exercise particular care to insure its safety, under the belief that it was a decoy. ”

“ An intention to have the letter thus conveyed by the carrier is within the statute, an intention to have it conveyed by mail. The difficulties of detecting this kind of crime are very great, and the statute ought not to be so construed as to substantially prevent a conviction under it. A decoy letter is not subject to the criticism frequently properly made in regard to other measures sometimes resorted to,-that it is placing temptation before a man, and endeavoring to make him commit a crime. There is no temptation by a decoy letter. ”

“ This prima facie evidence is not contradicted or modified by proof, as in this case, that the letter was a decoy, and addressed to a fictitious person. It was deposited in a proper letter box, and it was intended that it should be taken and conveyed by defendant, a mail carrier, and his duty as such carrier was to convey it to the station post office, and, while so being carried, it was being conveyed by mail, and was under the protection of the post-office department, and its safety provided for by the statute under consideration. ”