GUILTY or NOT?

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The Sheriff and the Mail

United States v. Kirby (1868)

Charge: Knowingly and wilfully obstructing the passage of the United States mail (Act of March 3, 1825) Jurisdiction: Kentucky · U.S. Supreme Court Heard on GUILTY or NOT?: 7 November 2026

Whether a sheriff who arrests a mail carrier on a murder warrant knowingly and wilfully obstructs the mail, as the statute forbids.

The facts

In Kentucky, a grand jury indicted a man — who happened to carry the United States mail on a steamboat route — for murder. The Defendant, a county sheriff, together with his posse, boarded the steamboat and arrested the mail carrier on the murder warrants, temporarily halting the mail he was carrying. Federal prosecutors then charged the Sheriff and his men under an 1825 Act making it a crime to "knowingly and wilfully" obstruct or retard the passage of the mail or of any carrier of it. The Prosecution's theory was straightforward: the mail was in fact delayed, and the Sheriff had knowingly done the arresting that delayed it. The Defense answered that the Sheriff was executing valid state murder warrants, that he had no purpose to interfere with the mail, and that no legislature could have meant to make a mail carrier immune from arrest for murder. The case reached the Supreme Court on a certified division of opinion between the judges below.

You have the facts the court had. Did the prosecution prove it? Render your verdict in the game, then see what the court actually decided — and why.

Citation: 74 U.S. (7 Wall.) 482 (1868)

Read the full decision at supreme.justia.com. The source reveals the outcome.