Washington sentinel., 1854-05-25
From the Boston journal.

IMPORTANT DECISION FOR GIFT LOTTERY
SPECULAT0Rs.--In the court of common pleas
at New York, a suit has been for some time
pending against Josiah Perham instituted by
the governors Of the almshouse, for violating
the statute to prevent rafting and lotteries.
On Saturday, Judge Woodruff made decision
on a motion to vacate arrest in the case The
circumstances in this case are well known: Mr..
Perham professed to be owner Of the seven
mile mirror, farm, a trotting horse, iewelry,
and other property, which he proposed to dis.
tribute by lot among 100000 purchasers Of 81
tickets. The property was turned over to a
committee, who proceeded to Georgetown, D.
O.. and there distributed the gifts" by lot.
The Judge recapitulated these facts, and de.
cided as follows
The court is called upon, under this state Of
facts to say, that the statute prohibiting any game
OF chance or lotteries has not been violated by de-
iendant, and that the arrest should be vacated
lhe court cannot so view the matter. II considers
that the intention was 10 evade the law. The
common and idle endeavor of those who have at
tempted TO evade other laws, such as those re-
strainlng the sale of Intoxicating drinks without
license, by selling glass of water and giving the
purchaser liquor, is of similar character, and is
not more frivolous or less deserving of counten-
ance Apart from the mere use of The word, the
present transaction was in just sense gift"
Whatever It was intended the purchaser OF tickets
should receive, It was all bestowed in consdera-
ton OF the Sl paid and was held out as an induce
ment by him TO purchase the ticket The consid-
Grafton was in all respect mutual, and no gratuity
was either offered or expected, and none was in
fact bestowed
His counsel seeks to avoid the inference of
the handbiIl, # you want the swfest trotting
horse in New York for dollar, buy one Of Per
hams gift tickets &c. by saying il was simply an
untruth--as he had executed a transfer of the pro
perty 10 the committee, and could not control il
Il, upon the trial ofthe cause the Judge remark
cd ~ shall be deemed material TO satisfy the jury
mat the defendant, when using this means to in
duce persons to buy tickets, was stating to them
an untruth TO insure his sales or was endeavor-
ing to obtain money by falsehood, fraud. or false
pretences, the are ument will receive proper con-
sideration Such an argument Gf the facts shall
ultimately warrant its use at all) will, think, be-
long TO thcm rather than to the Court to answer.
: In allnsion to the defendant not being able 10
transfer the farm to the committee on account of
existing laws, the Court considers the pretext not
well founded, and the reserve appeared TO have
been 10 transfer it TO some particular ascertained
Individual
"The question as 10 whether the acts of the de-
fendant amountto srtting up or proposing ofthe
property to be rafled for, distributed by lot or
Court could see that the plaintiff clearly failed 10
make out their case, the order of arrest should
stand until trial"
The opinion concludes as follows:
!" If schemes like the present are successful, we
may expect 10 see offices upon every corner, and
allurements held out to attract our citizens to en-
gage In an old vice under new name till this
species Of gambling is as common as il is perni-
cions. Neither courts nor juries can, for this
reason, make laws, but they may and ought 10 be
vlgiiant TO see that the laws we have are not vic
lated with impunity.
Ihe motion TO discharge the order Of arrest,
must be denied with costs to either party, 10 abide
the event of the court.n