Negotiations merge into a contract the moment a stamped letter assenting to the proposed terms is mailed. See further OFFER, 1. That a witness may refresh his memory by referring to a letter, see REFRESH. If a letter offered in evidence purports to be a reply to a letter referred to, the latter must be called for, in order to be put in evidence with it. See VERBUM, Verba illata. The author of letters, whether they are literary compositions, familiar letters, or letters of business, possesses the exclusive copyright in them. No person, other than he or his representative, not even the addressee, has a right to publish them upon any account, except upon such occasions as require or justify their public use; as, in a lawsuit, a letter necessary to establish one's rights, or a letter sent to a paper to vindicate the writer's reputation. For the stronger reason the addressee may not publish them for profit. In short, the addressee has but a limited right or special property in letters, as a trustee or bailee, for particular purposes, either of information or protection, or of support of his own rights and character. The general property belongs to the writer, whatever the character of the letters. An exception is made in favor of the government, as to official letters by public officers. The receiver of private letters cannot make them the subject of sale without the writer's consent. Therefore, a contract to sell letters written to another person who advertised remedies for diseases, the purchaser intending to send an advertisement to the writers, is contrary to good morals, and void. Includes what is foul or indecent, and what is immodest or calculated to excite impure desires.5 Is applied to language spoken, written, or printed, and to pictorial productions. Obscene, lewd, or lascivious publications of an indecent character, are neither mailable nor importable." He who deposits such publications in the mails, and he who receives the same for circulation, shall be guilty of a misdemeanor, punishable by a fine of one hundred to five thousand dollars, with imprisonment for one to ten years, or both.s The test is whether the tendency of the matter is to deprave and corrupt the morals of those whose minds are open to such influences, and into whose hands a publication of the sort may fall. A book need not have words which are in themselves obscene, in order to be obscene. Regard is had to the idea conveyed by the words used, in any substantial part of the publication. "Obscenity" is that form of indecency which is calculated to promote general corruption of morals. "Lewdness" has a tendency to excite lustful thoughts. The indictment need not specify in what respect a picture is unlawful. One may have what views on religion he pleases, and publish the same, but not in connection with obscene matters sent through the mails. The prohibition applies to an obscene writing or letter inclosed in a sealed envelope. 10 The purpose is to exclude from the mails only such articles as are impure and immodest and tend to corrupt the morals. 11 The fact that the publications were sent in the real Evans's Appeal, 58 Pa. 244 (1868), Strong, J. See also 123 Mass. 102; 22 N. J. E. 463; 25 Am. R. 35; 19 Alb. L. J. 328; 1 Williams, Ex. 144. L. ob-loqui, to speak against: contradict. • Bettner v. Holt, 70 Cal. 275 (1886), Foote, J. L. obscenus, repulsive, foul. [United States v. Loftis, 12 F. R. 673 (1882), Deady, D. J.: Worcester's Dict.; s. c., 8 Saw. 194. or supposed interest of science, philosophy, or morality is immaterial. The indictment should allege a scienter. An allegation that the accused "knowingly deposited" the objectionable matter cannot be extended to embrace an averment of scienter.¹ The fact that post-office inspectors used test or decoy letters to bring to justice a person suspected of mailing obscene literature does not discredit their testimony.¹ Any offense, which, in its nature and by its example, tends to the corruption of morals, as, the exhibition of an obscene picture, is indictable at common law.2 Whether matter published is obscene or not, is a question of law for the court. If the matter is too gross to be spread upon the records that fact may be averred as an excuse for not setting the matter out. But this rule is not general. See VERBUM, In hæc. See also BoOK, 1; DECOY; INDECENT; NAKED, 1; POLICE, 2; PUBLICATION, 2.