Smith Thompson

“ There is not that technical nicety required as to form, which seems to have been adopted and sanctioned by long practice, in cases of felony, and with respect to some crimes, where particular words must be used, and no other words, however synonymous they may seem, can be substituted. But in all cases, the offence must be set forth with clearness, and all necessary certainty, to apprise the accused of the crime with which he stands charged. And we think the present indictment contains such certainty, and sufficiently alleges, that the offence had, in point of fact, been committed by Straughan. ”

“ The case was argued for the United States by the Attorney-General, Mr. Taney; no counsel appeared for the defendant. He stated, that the charge, so far as it is material to the question submitted to the court in the certificate of division, is contained in the first count; 'that the defendant did procure, advise and assist' the mail-carrier to secrete, embezzle and destroy the mail of the United States. In neither count is there an averment that the offence of secreting, embezzling or destroying the mail was actually committed. But as the offence charged is a misdemeanor, all are principals ”

“ The offence here set out against Straughan, the mail-carrier, is substantially in the words of the statute, § 2. If any person employed in any of the departments of the post-office establishment, shall secrete, embezzle or destroy any letter, packet, bag, or mail of letters, with which he shall be intrusted, or which shall have come to his possession, and is intended to be conveyed by post, containing any bank-note, &c., such person shall, on conviction, be imprisoned, &c. ”