The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-05-21
Important 10 Lottery Men and GIFT Ente,-
pIixes-Als0 10 Ticket Holders
C0MMON plFAS--sPECTAL TERN.
Before Judge Nocarun

THE GOVERNORS or THs ALasHoUsg or ras olrY
or NEW YORK vs. JOSIAH PERnAM
hAY lO-Thi5 action Is brought to recover
the penalty given by the Act TO prevent Raaiing
anl Lo,teries Article 1th, of Title tuI., Chap Xxx
q Part l. oi ths Revised Statutes by the 22d sec.
ueh OF which Il Is provided as follows -
TO lt.on shall set up propose amy money, Goods
chGtl or things in on to- be raaiei Tor or to be
distributed by lot chance any person who shan
nhvc aii or contracted 10 pay any valuable oonsia
ton Tor the chance of obtaining money gooda og
u lngs in action.
orof series of paintings, constituting what ae
called "The Seven Mile Mirror" valued at $40 400:
farm IN New Jersey, valned at sI0eO--aftef-
wards stated to be valued at $4,000; trot'ug
horse valued at 81 i500 10 pianos, so gold watches
and various other articles varying ir value froin
twenty-five cents 10 5000 each and beng IL nun.
Der A., zo3, amounting N Tho aggregate t. S9.i00-
added TO these a sufficient number Of parphlet
descriptions OF the painting 1rst nlmed % make
the Whole amount Of articles 100000, d.c e.. 5S1S7
pamphlets, valued il defendants haad5s ii about
u u cent eaeh.) And thererpon be proposed to sel
which tickets should onttlc the holder TO four Il !.
missions 70 a sight Of the Seven hile Minor
then on exhibition at the Chinese Assembly Rooms
N The city Of New York, with the assurance tha; he
would present 100000 valuable and costly gifts T.
the purchasers OF tickets to the exhibition; that
100 coo only would he sold, at 81 each, and that
each ticket would admit foar persons to the eShibi
tior and entt,e the holder to share IN the
100 900 gifts, as the above mentioned articles are
termed in the handhill issued I, attract purchasers
Handbills were thereupon Issued, describing the
painting, farm, and other property above mentioned
in te1ns calculated 10 awaken a strong desire fol
their Possession. with tue respective value of each
and summed up by footing:-"l00 600 gifts valued
ct s97 ,i99'-ahcrwar al cred 20 Sa5 lea; aud an
piising the public at what places "eift tickets At 81
each could be purchased.
Ey the first handh Il is prcposefthat ite share.
holders sha meet on the l4th of November lsJ3
Or sooner, II oil the tickets sold md select rom
tfeir number committee, under whose supervision
tie distribution viii tlle place--whvh committee
will be subject to the Instructions of the share.
holders, and "wl distribute the gifts among them,
in such way. by lot or otherwise as the
may determine
by another landbill, which is laid before the
couit. (Which appears tn have been Issued after
sale Of portion of the tickets and after meeting
OF purchasers had been held, at which committee
was appointed to receive the property from the
defendant for the beueit OF the ticket-hoders) b.
further notifies the public that these el0G 900 gifts
had yeen o. would be placed III tile hands Of tie
of tickot-holderS held On the 10th November; ana
that on the evening Of the sotl Of DeccmbGr
The shareholders viii meet at the same play6 IA ID
struct he committee in regard to the dsribua u tbe
100000 gifts, which distribution IS expeeed u com
nencn at New gtal's.
in order further 10 secure the sale Of tie ohets
the defendant issued, or caused t. be issuel ri
further handh.ll, in which he inytes bayers - lo
lows
4 you want farm worth $4,000 ora do,r, biy ono
II you want splepda, profitable eShsition fos ono
I!ou want the swi.tesi srotting horse il New York
fer single aoller nuy one Of Pernsp' sift tickets
I,yoa want mag sc'nt s'sn ,ano o. ciber' \
Co.'S male foI 81, 3. one Of art-.a Sl ucseta.
II ,ou wan; On elegant goM yalen TO- one hundred
cents, bt,y tflerbaIn's giit ,iclels
Which 'etet viii en'i,ie four person Il admission e.
| cfiee and exhibition room Academy Iian 81. 5o3
Broadway.
II is, perhaps, immate,iai 10 odd that these hand.
bills pi intcd in large caldts prepared 50 as f.
exhibit ihe advantages to the purchaser il the most
attractive form TO the eye II thosc who might see
\ them.
] Ahialavits are submitted on tile part Of the de-
fendant IL the effect that the painting above inS
toned was. during the period above referred to,
tualiy On exhibition in the city of New York. AZ d
charge OF twenty-five cents to each person admitted
| who was not a purchaser OF a ticket; aaA il i
stated that AN oppo tunty - sec the painting vas
| reasonably worth thar sum.
Also, tat the defendant on the salc Of the tickets
notified the purchasers q. e. those buying upon the
faith os the first handbl that ''hc desired thit
meeting of the holders should be held at &c. OIL the
10th November 1853, and tbat he would be prepared
| to make over In, property
| That q meeting Of ticket -nolders was accordingly
held The readiness Of the defendant 30 make over
the property WIS announced, and . committee was
appointed by Inc tioletholders to receive The pro
peity, and that On the 10th Of December following
| he executed to them Il transfer 0f TIC goods and
chattels, retaining the title to the farm, however,
subject 70 their further orders, b. 81 tie legal
difficulty under the Laws Of the State Of New Iorl
OF creating valid trust for the ticketholders aud
| tie greater convenience Of suffering the said perham
TO re'ais The .iile until the detcswiaation Of the
naLs 10 convey IL to tho ti.kethc'defs OF TO such
| person as they shall, lawfully direct.
| After The said meeting, ana Unit the maxim Of
| such tianier and covenant, and again aItel the
transfer and % long as any tickets remained un50ld
the defendant cotin ied 70 exhibit the pantng and
| TO sell tickets upon representations such al arc
stated in the handbilIs above referred to- BHt,
although IL appears that these various articles were
aft li-f4r faA hu Lot
among the various holders OF tickets tihe commit
tee leaving this State and going to Georgetown, u.
@, ior that purpose) yet the defendant aud several
OF the members OF the committee lcny that the de-
/ iendant controlled attempted 70 control the lis
position Of the property after he bad delivered Il,
about the Goth Il December, and tie tenor u these
aiida ite (though expressed with 40 little eaation)
| is tha PeIham, the defendant, had no part Ia the
manner of dstIbuton--did not interfere With nor
attempt to influence the disposition Of the property
and that, until after the 30 Of December, II wac
wholly uncertain whether these articles would be
sold Tor the common benefit, would be paftii0nel
\ OF distributed.
Upon these facts, and the above derial, am urged
by the defendants counsel TO hold, matter Of aw,
that the statute has not been yiolatedor At least
to say that these facts 90 not constitute any voa-
tonoi the satate nor warrant any Inference OF IN
tent, on the part OF the defendant which would aii.
tbolize Jury t. say that he had get Up ~ proposed
any goods, chaels or thing. IN action 10 bc laled
for to be distributed By lot on chance 70 any per-
h eon who had paid for the chance Of obtaining such
/ goods or things in action.p
The delay which has occurred III the disposition
/ OF this motion has not been owing q any serious
doubt IL my mind, al the time og tic argument. re-
gaidnp my duty IN the matter, but i owing W the
strong desire expressed by the counsel Tor tue par
ties u at the motion should DC decided upon more
deliberate reflection, and the great press o other
duties which have occupied my time hitherto
| After snch reflection as seemed 10 me sutaDie i
cannot reach the conclusion which the defendants
counsel seelSs.
II has sometimes been said that no legslstion
was ever so ingenious skilliul Ia framing lsw
but that cupidity and yea! would ind a man astutc
enough to eyade ~ and apprehend that no man
of ordinary intelligence can pelese the aDijayits
laid before me without tho unhesiaiine conclusion
That the defendants enterprise has boon lf1m TIC
beginning, sn endeayor 20 evadc tle statute npon
which this action is founded lie says. In his AMI
davit that he has not At ayy tiIae, sought 9u.
deayored 70 violate any law Of the Safe Of New
York. This may very probably be true and for
the obvious reason that he supposed thas he should
succeed IN eecting an evasion - ingeniou~ thai the
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