Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1825-07-12
PRESENTSiENTS

Srcun curt Tor this County was opened by Judge
Brockenbrough.-Thc court being organized and
me 1rand Jury sworn, the Judge delivered the
Charge--amoDg other things, he called their at,en-
ton to the Law of the last LEGISLATURE. forbidi,p
the sale OF foreign lottery tickets He stated that
thcrc Is one subject connected with the Laws
against gaming to which must most particularly
draw your attention. BY the Act of 1920, it was
enacted that no person nor persons should buy or
sell within this Commonwealth, any lottery ticket,
part or share OF any lottery ticket except in such
Lottery or Lotteries as may be authorised by the
Laws thereof There can be but little improprietv
IN this court stating, what is notorious 10 every
one, that ever since the passage of that Law and
IN violation of 1t, foreign Lottery tickets have been
constantly sold in this city, and probably in every
town In this Commonwealth. 1t is said that the
Lottery Ohce Keepers att empted to evade the Law
by receiving the price ofthe tickets from the pur-
chasers, and Ivy affecting or pretending to send on
'he money, and an order to their correspondent, in
one OF the northern towns, by whom the tickets
would be transmitted TO them, for the benefit of the
purchasers If this were real transaction, ould
not possibly be embraced by the Law; but so little
reality was there IN 1t, and so fnsy the preiext
that IN few minutes after the money was maid and
the order given the ticket itself was handed TO the
purchaser. IL Is impossible that so thin v,i could
have concealed the illegaty of the transaction be-
lore any Court OF the Commonwealth, if it had ever
been brought into Court. Yet the Law has NOT been
eniorced and do not remember TO have heard OF a
single instance, in which prosecution has been
carried on under 1t. The Grand Juries have failed
10 make presentments of such cases: and as mn ner
son would come forward an normer, they have
Perhaps not thought it their duty TO send Tor wit
nesses' or 10 make any enquiry. Hence the Law
mas here oiore slept on the statute book as a mere
capm mortuum. The Legislature, however. is
not content that this evasion should be any longer
praciised; the fHilure of Grand Juries and OF the
Courts, TO enforce the former Law has reused it to
greater exertons, and at the late session. enacted
a new Law, much more rigid than the former :, hich
1t IS confidently expected that the judiciary of the
country VIII enforce. This Law took effect
on the LIST day OF May last, and this is the first on
portunty this Count has had to bring the subect be
fore The Grand jury
lHsre fAllow il, provisional
" 1t IS obvious. Gentlemen, that if this Law be
enforced it will put stop to the sale Of foreign
Lottery Tickets within this commonwealth " Inv
shall it not be enforced 1t is uadoub edly not with
In the province OF the Court, The Grand jury or
the Petit Jury, to enquire into the poliey OF the
Law. We have no right either to make Laws, or
10 repeat them by refusing to carry them into eff
lect. we are sworn to expound and enforce the
Laws made solemny by the Body elected
by the people for that purpose. Shall we, then,
| permit the Law 10 be longer evaded by shifts and
conrivances 1t must be recollected that the Law
ii'oe gaming III utt us JOIHlS, are not be
construed like other pena laws, for it is enacted
by the 29th section, (of the reducing into one
the several acts to prevent unlawful gaming, LIST
VOL Revised code, p. 56l) that e" in every case
that may arise under any io,cs for the preventing
dlscourasing, or suppressing of gaming, the Court
shall interpret them as remedial, and not as penal
statutes. In every case, then, the gaming laws
shall be construed 10 advance the remedy and
| suppress the mischief. We are not confined TO the
mere letter.
" You will bear in mind, this provision of the
Law in your retirement. Ifyou have evidence be-
lore you, which proves that any person has sold
Tickets, or procured them for Others by whatever
| name they may be called, or has opened Lottery
Oihce, or hung up signs or tokens, in violation of
the meaning or intention Of the Act, it is proper
that you should present the persons so offending.
II you do not know the fact of your own kno wledge
yet you are bound TO make dlgent enqury--to send
Tor witnesses, and when they are brought before
you, they may be compelled 10 answer all proper
questions
The jury were adjourned over till Friday, on
which day they made The following presen,nents:
On which the Attorney General will prefer indict-
ments to day (ruesday)
We present Mendez |. Cohen for violation Of
the first section ofihe law prevent the sale of TO-
reign lottery tickets in this commonwealth passed
The llth oil February 1925, by aiding and assisting
to procure ticket in the fifth scheu of the Ma
| ryland State Lottery for Winston Harwood since
| the first of May 1925
We also present Mendez /. Cohen for a viola
ton OF the first section OF the law for having
aided and assisted in procuring Of lottery ticket in
| the nth class OF the Union Canal Lottery of Penn
| sylvania for Winston Harwood since the first OF
May 1925.
We also present Prentiss Chubb for violation
OF the first section of the law for having sold
| paper or papers to Spotswood ID. Crenshaw, since
the first OF May 1925 purporng to guarantee the
payment of such prize or prizes may be drawn in
the 18th class of the Union Canal lottery of Penn
syvania by the tickets parts OF tickets, whose
number or numbers shall correspond with the num-
Der or numbers OF such paper papers, as guarsn-
&c guarantees
sE3S We regret that the Essay of" A Freeman
Of 1925 which did not reach US till Sunday, i.
too long for insertion in this day paper. IL will
probably make or 8 columns OF our paper {; and
is reply TO the two last Essays of Mason OF 10
These gentlemen speak confidently of know
lug each other as If their masks dropt. .bfoso,
Identifies n Freeman with .Ur. Mercer, and n
| Freeman Identifies gHasOp with Mr.. Leigh.
We have a variety of Toasts on hand which we
shall dispose Of with all possible expedition. Many
on Friday next ; and among them those of the Rife
Rangers of this city.
| The trial of Isaac Il. Desha OF kentucky for the
alleged murder Of Francis Baker is again contini-
ed on account OF the difficulty Of procuring petit
| I,ry.