There was no question as to depraving the morals in any other direction than that of impure sexual relations. While such applications are ordinarily, and should be, granted, wherever the accused is liable to be surprised by evidence for which he is unprepared, it is difficult to see how the defendant in this case was prejudiced by its refusal. 9; Com. This was a writ of error to review the conviction of the plaintiff in error for unlawfully depositing and causing to be deposited, upon the days set out in the various counts, in the post office at Chicago, for mailing and delivery, a newspaper called the 'Chicago Dispatch,' containing obscene, lewd, lascivious, and indecent matter. He said that all of the newspapers had carried such advertisements in times past, until they became wealthy, and then complained about others that did the same. Consequently, the Sale of Goods Act was passed in 1930, based upon the English statute of Sale of Goods, 1893. The testimony introduced by the government tended to show that there was published in the City of Chicago during the year 1895 and the three years immediately prior thereto, a daily and weekly newspaper entitled "The Chicago Dispatch;" that the plaintiff in error, Joseph R. Dunlop, was the publisher of said newspaper during those years; that copies of the Chicago Dispatch in large numbers were deposited in the Chicago post office for mailing and delivery during said years daily except Sunday; that the copies of the Chicago Dispatch described in the indictment as directed to "Mr. Montgomery" at Chicago, and the copies of the Chicago Dispatch described in the indictment as directed to "R. M. Williams, Box 801," at St. Louis, Missouri, were deposited for mailing and delivery at the post office in Chicago on the dates of said several copies; that all the copies of said Chicago Dispatch, so directed to said R. M. Williams and Mr. Montgomery, contained therein, under the headings of "Personal" and "Baths," certain advertisements that were obscene. A similar objection was made to the testimony of Montgomery. But as the word is defined as 'a rubbing or kneading of the body,' an operation which could hardly be carried on unless the person were divested of his clothing, we see no error in the remark of the district attorney in this case. But this is said with reference to a class of presumptions which prevail independently of proof to rebut the presumption of innocence, or what may be termed abstract presumptions. Grandtrek AT23 Highway. He was then asked, "Who was this messenger who delivered these papers?," to which objection was made, and he answered that he was a messenger for gathering the mail for inspectors and distributing it in boxes provided in the post office. There was no error in instructing the jury that: "It is your duty to come to a conclusion upon all those facts, and the effect of all those facts, the same as you would conscientiously come to a conclusion upon any other set of facts that would come before you in life. Commonwealth v. Davis, 11 Pick. 3. These exhibits were substantially copies of each other. If the counsel gave a wholly erroneous definition of the word 'massage,' or misled the jury by giving them a false impression of the operation, the remark might be prejudicial, and possible ground for error. Defendant was found guilty, and, after motions for a new trial and in arrest of judgment had been overruled, was sentenced to imprisonment to hard labor in the penitentiary for two years, and to pay a fine of $2,000 and costs. to which objection was made, and he answered that he was a messenger for gathering the mail for inspectors, and distributing it in boxes provided in the post office. Shop the best Dunlop Motorcycle Tires for your motorcycle at J&P Cycles. As the massage treatment is comparatively a recent device, it is quite possible that it may not have been understood by all the members of the jury; but, if the district attorney fairly explained to them what it is ordinarily understood to be, and gave an explanation which was not radically wrong, there was no impropriety in his doing so. § 35. Herr Peter W. (Germany) I run a dairy farm, but I’m also a volunteer fireman. lewd, lascivious, and indecent, and that the plaintiff in error, by reason of being the publisher of said Chicago Dispatch, was liable for the alleged depositing in said post office of said newspapers, so directed to said R. M. Williams and Mr. Montgomery. Held that the action of the court was commendable in this particular, and that this ruling, and the immediate withdrawal of the remark by the district attorney, condoned his error in making it, if his remark could be deemed a prejudicial error. . There was no error in permitting them to do so. The other counts differed from this only in the dates of the newspapers alleged to have been mailed, and the days upon which they were deposited in the post office. So, if it were shown that the shoes of an accused person were of peculiar size or shape, and footmarks were found in the mud or snow of corresponding size or shape, it would raise a presumption, more or less strong according to the circumstances, that those marks had been made by the feet of the accused person. As the evidence showed that large quantities of this paper were mailed every day, and that McAfee and Montgomery received, as part of their mail matter, copies of the 5 o'clock edition of that paper, it was for the jury to say whether these copies were not a part of the papers that were so mailed. It was question for the jury to say whether the facts proven in this connection satisfied them beyond a reasonable doubt, and notwithstanding the presumption of innocence, that these papers were taken from the mails, and the abstract instructions requested would only have tended to confuse them, since, if literally followed, it would have compelled a verdict of acquittal. Cited – Dunlop And Others v Grote And Booker 23-Aug-1845 ([1845] EngR 1196 (B), , (1845) 2 Car and K 153) The plaintiffs declared on a contract by the defendants to purchase certain iron of the plaintiff alleging a promise by the defendants, ‘that, if the delivery of the said iron should riot be required by the defendants on or before the 30th day of . Join our community. He thus gained every advantage that he could possibly have had by the production of the advertisements prior to the trial. Item # 412A13; Mfr. Tennis. Recommended Rim range (5.50), Best Rim (5.50) This testimony, taken in connection with that of the two witnesses McAfee and Montgomery, showed with reasonable if not absolute certainty that the papers which they received and identified were among those which had been actually mailed. We have no doubt that the finding of the jury was correct upon this point. Grote Industries is proud to introduce two new additions to the forward lighting family; the LED Heated Snow Plow Lamps and the LED Combination Head Lamps. Indeed, the authorities are abundant to the proposition that, where a question is made whether a certain paper, or other document, has reached the hand of the person for whom it is intended, proof of a usage to deliver such papers at the house, or of the duty of a certain messenger to deliver such papers, creates a presumption that the paper in question was actually so delivered. Beyond this, however, the application is one addressed to the discretion of the court, and its action thereon is not subject to review. We do not think that error will lie to the action of the court in this particular. It was shown that Mr. McAfee had repeatedly talked with the defendant about his paper, of which he admitted himself to be the responsible head; that defendant was told there had been complaints made about its character, and that, in the opinion of the district attorney, the advertisements under the heads of "Personal" and "Baths" were improper and illegal; that Mr. Dunlop replied that he scarcely ever saw the advertisements until after they had been published; that he had instructed his agent to scrutinize them with more care. There was no error in the following instructions as to obscene publications: "Now, what is [are] obscene, lascivious, lewd or indecent publications is largely a question of your own conscience and your own opinion, but it must come -- before it can be said of such literature or publication -- it must come up to this point: that it must be calculated with the ordinary reader to deprave him, deprave his morals, or lead to impure purposes. Grandtrek ST30 Highway. Montgomery,' at Chicago aforesaid; another to 'R. There were thirty-two counts in the indictment. In such cases, however, if the court interfere, and counsel promptly withdraw the remark, the error will generally be deemed to be curred. SP Winter Sport 3D Performance. . No doubt. 450-19 Ensign 3 Stud Racing: By using a silica blended compound and a revised carcass as its foundation, the D803GP has solid traction in most conditions and a tread lifespan that’s comparable to other options. ", If the counsel gave a wholly erroneous definition of the word "massage," or misled the jury by giving them a false impression of the operation, the remark might be prejudicial, and possible ground for error. Thus, if property recently stolen be found in the possession of a certain person, it may be presumed that he stole it, and such presumption is sufficient to authorize the jury to convict notwithstanding the presumption of his innocence. He did not deny a general knowledge of the contents of his paper, and it was scarcely possible that he could have been the responsible. The witness McAfee testified that he was a post office inspector, commissioned, but not paid, by the government, and was also a commission agent of the Western Society for the Prevention of Vice; that, on June 12, 1895, he addressed a letter to the Dispatch of Chicago, enclosing therein the sum. 4. Com. The court held that it was improper, and the district attorney immediately withdrew it. 4. Save more with Subscribe & Save. It's born from a passion to produce tires that enhance the driving experience and satisfy the needs of every driver. John Dunlop, labor economist and Harvard economics professor, who served, among other positions, as the United States Secretary of Labor (1975-76), developed a … Whether you are on-highway or off-road, these lamps deliver visibility, dependability, and performance in a wide variety of roles. The tests with Dunlop Purofort FoodPro boots have all been very positive in terms of wearing comfort and protection. Dunlop Winter Tires. The other counts differed from this only in the dates of the newspapers alleged to have been mailed and the days upon which they were deposited in the post office. MR. JUSTICE BROWN, after stating the facts in the foregoing language, delivered the opinion of the Court. The construction placed by counsel upon this is that it practically directed the jury that obscene literature was such as tended to deprave the morals of the public in any way whatever, whereas the true test of what constitutes obscene literature is that which tends to deprave the morals in one way only -- namely, by exciting sensual desires and lascivious thoughts. There was no error in the admission of the advertisements of proprietorship of the Dispatch, as it is difficult to see how the identity of the paper. Get free shipping, 4% cashback and 10% off select brands with a Gold Club membership, plus free everyday tech support on aftermarket Dunlop Motorcycle Tires & motorcycle parts. Thirteen assignments of error were taken to the ruling of the court in permitting the government to prove that during the three years preceding the trial, and also during the period covered by the dates of the papers, admitted in evidence, namely, July 6 to October 19, 1895, a newspaper, purporting to be the Chicago Dispatch, was regularly on each day, except Sunday, received in great quantities at the Chicago post office for mailing and delivery. The object of the government in offering this testimony was to show that upon the days stated in the several counts, large numbers of copies of this paper were actually received at the Chicago post office for mailing, and that though said copies were not identified as the papers described in the indictment, the packages may be presumed to have contained them. It is nowhere stated that he desired it for the purpose of demurring to the indictment, and if it had been furnished it would not have been the subject of demurrer, since it is no part of the record. 6. As every copy of the same edition of a paper is almost necessarily an exact duplicate of every other copy of the same edition, proof that a certain edition was mailed in large quantities every day at a certain post office was certainly competent evidence that papers received by the two persons mentioned in the indictment, purporting to be of that edition, were in fact among the number that were mailed upon that date. Law, 640; 1 Greenl. They were objected to upon. The construction placed by counsel upon this is that it practically directed the jury that obscene literature was such as tended to deprave the morals of the public in any way whatever, whereas the true test of what constitutes obscene literature is that which tends to deprave the morals in one way only, namely, by exciting sensual desires and lascivious thoughts. It is true that this testimony did not affirmatively show that the papers thus received belonged to the five o'clock edition of the Dispatch, but while this may have detracted from the force of the testimony, it did not render it incompetent. . CC∅ | Transformed by Public.Resource.Org. Business could hardly be carried on without indulging in the presumption that employees who have certain duties to perform and are known generally to perform such duties will actually perform them in connection with a particular case. 6. It is your duty to ascertain in the first place if they are calculated to deprave the morals; if they are calculated to lower that standard which we regard as essential to civilization; if they are calculated to excite those feelings which, in their proper field, are all right, but which, transcending the limits of that proper field, play most of the mischief in the world.". It is claimed that the error consisted in assuming that the papers purporting to be the Dispatch, which McAfee testified that he found in his private box in the inspector's office, were deposited in that box by the clerk or messenger, and then in permitting McAfee to testify that it was the duty of the clerk or messenger to take the mail from the post office and distribute the same in certain private boxes in the inspector's office. The thirteenth assignment was taken to a similar alleged error in permitting the witness Montgomery to testify that it was among the duties of a government employ e, not a mail carrier, to take from a table called 'the round table,' in the mailing department of the Chicago post office, a copy of the Dispatch, and deliver it to him in the office occupied by him as superintendent of mails in the government building at Chicago, and that it was in this way that the newspapers identified by Montgomery were received by him. The thirty-fifth and thirty-sixth assignments of error were taken to certain remarks made by the district attorney in his argument to the jury, one of which is as follows: 'I do not believe that there are twelve men that could be gathered by the venire of this court within the confines of the state of Illinois, except where they were bought and perjured in advance, whose verdict I would not be willing to take upon the question of the indecency, lewdness, lasciviousness, licentiousness, and wrong of these publications.' N-Tec construction (New Technology) is Dunlop’s very best construction road racing tire. It is true that it is stated in some of the authorities that where there are conflicting presumptions, the presumption of innocence will prevail against the presumption of the continuance of life, the presumption of the continuance of things generally, the presumption of marriage, and the presumption of chastity. § 40. Gen. Dickinson, for the United States. This question was elaborately considered by Mr. Justice Bradley in Knickerbocker Life Ins. Dunlop’s heritage is reflected in every tire they manufacture. Dunlop Tires has an exciting history of innovation, going back nearly 125 years, to the first pneumatic tire and the dawn of motor racing. So, if a person be stabbed to death, and another, who was last seen in his company, were arrested near the spot with a bloody dagger in his possession, it would raise, in the absence of explanatory evidence, a presumption of fact that he had killed him. GROTE. In such cases, however, if the court interfere, and counsel promptly withdraw the remark, the error will generally be deemed to be cured. Thus, if it be shown that a letter, properly stamped, has been mailed, there is a presumption that it reached the person addressed; or, if letters properly directed to a gentleman be left with his servant, it is reasonable to presume that they reached his hands. Dunlop Truck/SUV All Season Tires. Be the first to hear about all the exclusive offers and latest news and events from Dunlop Sports. Rosen v. United States, 161 U. S. 29, 161 U. S. 35; Commonwealth v. Giles, 1 Gray 466; Commonwealth v. Wood, 4 Gray 11; State v. Bacon, 41 Vt. 526. . It was in this connection that the court charged the jury that if the publications were such as were calculated to deprave the morals, they were within the statute. This … Beyond this, however, the application is one addressed to the discretion of the court, and its action thereon is not subject to review. v. Giles, 1 Gray, 466; Com. 846; Hetherington v. Kemp, 4 Campbell 193; Dana v. Kemble, 19 Pick. Atty. 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