On Demurrer to Indictment.

The indictment alleges that the defendant on the 17th day of February. 1908, received a letter, of which tlie following is a copy, viz.:

“Escondido, Cal., Feb. 19, 1908.

“Dr. George C. Somers, Dos Angeles, Cal. — Dear Doctor: I noticed your ad. in the Times, and think you can be of assistance to us, or rather my wife, in a professional way. She is about six weeks along in the family way, but she is determined not to have a baby. Have you any kind of medicine or something we can use here at home by directions you give, and which will keep her from having a baby? How much will it cost sent to me by express? If not, will she have to go to Dos Angeles for some kind of operation? Have you some private place where she could stay while getting well? What will your charges likely be in that ease? Please advise soon what is best to do.

“Confidentially yours, [Signed] Wm. A. Bender.”

The indictment further alleges that said defendant, in response to said letter hereinabove set forth, did deposit in a United States post office a certain letter giving information directly and indirectly as to how, when, where, of whom, and by what means certain divers articles and things designed and intended for the procuring of abortion (a particular description of which said articles and things is to the grand jurors unknown) might be obtained, which said letter is as follows:

“2/18 — 08.

"Mr. Wm. A. Bender, Escondido, Cal. — Dear Sir: Yours of the 15tb inst. received and contents noted. In reply I will state that I can do nothing for your wife unless she comes to Los Angeles. There is no medicine that I know of that will bring about the results you desire. She would have to remain here a week or ten days. The expense would be forty to sixty dollars, not more. Such accommodations as she would need can be had. In some cases results can be gotten in twenty-four to forty-eight hours; in others, three or four days might be required.

“Yours respectfully, Geo. 0. Somers.”