New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-05-22

GIFT ENTERPRISES DECIDED TO BE LOTTERIES.
SUI AGAINST JOSIAH Pelham TO RECOVER PENALTY FOR
VIOLATING TIE STATUTE TO PREVENT RAEFLIsG AID
LOTTERIES.
In the Court of Common Pleas Special Term. on Satur-
dav Judge Woodruff made decision on the motion to
vaca;e arrest in the of the Governors of the Aims
Uorso apnust Josiah Pcrham. The suit under Art.
D. title chap 90 part l. OF the Revived Statutes which
says
As set u o. ET9TS, 'Sy GnsI i1 s 'S ab.ae OF
- r.T,r no san have paid or pay any yaua.
Ii e5nSesan Tor The chance Il obtaining rch money goods
Ihe following are the essential points of the opinion:
The defeEdsrr proed BE- series Of paintings c,ed
a. 4ssGo' 1sine-hose ysued slO; 10 piano.. 80 gold
watches and yaroa, other article ys,ns III 'Ae i'9m .
&, 4390; hss- efficient number o., ramPhle; dsserp
ions painting G'raci sse the whole number osriee:
Iot.O Chat ~ romIhleis. yelued in detendln hando'
is sr sG asSe Of P YS s' should ea tie hos
four adirs to sight o. The seven MIS- aiior tae On ~
rr,sout loo yaabe ard cosby gs to tho purh assrs
c,Iet the xhh hat lco eco only would be sod 2, 81
each ard Il each ticket would admit os to me s ,sc sS,ye
meuion.d articles termed tte Judge sadJ Ia the AandohS 10
The judge then alluded to tho language Of the hndbls which
were fsrsd induce persons purchase YOU waa f,rm
worth 422oo for 0dolar, buy one Of Pehans n cSe,s &C.
rsni rs called he seven Nile Mirror usy exhibition
each psIon ard iha tie admission worth ha' sup; ato
he hole master Committee except The lille 20 the farm
which, under ne existing laws he could no. 70 ana
to- proceeded TO Georgetown d. c. and distribute the gis ~
o rV,rcd that at the time, wholly without tue
confic of the def, udanL ,..,-
III, called undo, hi, state Of st to ,ay s' ihs
and that the arrest should be vacated Inc
Il considers that the nen lou
eysde tho law. The common and ih thdeafo o. mo-,
have a np;td other such those restraining he
drinks without license by ses glass OF
ys,Gr and airing purchaser liquor Of similar character
and frivolous less deserving Of countenance Apart
gf' Whatever was Intended the purchaser Of
tickets II all bestowed Ia Iteration Of the
held ildgcemeut By him 10 paci the
ticket The cousde son IN all respects mutual ana no gs
lis evod the inference Of c handful II you
the wc tI0t.irg horse in Newiork for single doa
Pcrhanls gt tickets" &c. b. saying simply an
urruh he he'd xecufed transfer Of The property 10 the commit
u shall be deemed material satisfy the Jury That
LdGpf when using this means to induce persons pay
tickets stating them what not uo, % insure bis sales
Ddosvog obtain their money by asubooc end or
81 shall uimay warrant IT. use At
m will think belong TO them rather than 10 the Court TO con
" sdcr"
In ausion being able transfer the farm 10
me O exciting laws the Court considered ths
and he appeared to hsyo been TO
| tfsrsfer @ SON particular ascoxtaned individual
whether the OF the defendant amount 10
proposing OF tho be ratified or dbu
by lot chance agueston mainly FOR me jury snd IN
Clearly tailed 70
their the order Of shoud stand uniu trial
The opinion concludes a. follows:
fshemes ike the successful we may efpc' sec
Offices upon and aurements held snct
old under t thH species
ofqambius peuiclous Neither courts or Jnies
ear this g they AID ought % - ygant
TO 80. hat the violated with IMMUNITY
dcharg the order Of arrest must be denied "lth
either party 70 abide the event OF the SUIT