New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-04-09
low" as to be almost blended BY intonation into


the suppression Of gambling in this city. The Courts
may do what they can, but without the moral power
Of Dc cdeoy favorable public sentiment their efforts
will never be attended with complete success. No
besiauon is manifested by any portion of the public
in preftnipg complaints and giving testimony against
the thief, burglar rObbcr, perjurer, incendary
murderer The crimes of all such awess desperadoes
are iLyasioDs Of the rights of society; but / aver
that the professional gambler entails more suffering
and wretchedness upon individuals, and Is more
FERROUS public evil than either Of those other classes Of
Ofei deis yea than all Of them. While their crimes
are isolated and comparatively occasional, while the
coDss quences generally circumscrbed within
Tow bounds, the heartless robbery OF the gambler
sends thrill Of distress in the shape Of ruined for
tunes, blasted hopes, desoate families, frenzied
lace, and melancholy suicides through all the circles Of
soc'a life.
Who Lesitates TO inform against the thief and rob-
bert Who should hesitate TO inform against the gam
beI The whole city should become bfDrmers against
progressed gamblers and the vendors Of lottery policies
and should pursue them until not left to tel the
tale of the wrongs they have inflicted upon thousands
Of innocent citizens, who in respects implicated
in the commission of their crimes. 1nformers! Why
nfaDy originally stamped upon that word? Simply
because two gamblers, named EmpsOn and Dudley,
IN the reign Of Henry VII of England sold themselves
TO that ns mouf king, to inform in the Star Chamber
Court against wealthy citizens, for breaches of old and
obsolete penal statutes, which truly or falsely al
legged by those infoners the ancestors of the accused
Lad violated century before and had thereby for
ieited their lands to the crown! This term has
10 faint ofreproach in the State Of New York.
In this country complainant and inforner are
syDeL ymous in Specification. 1t 10 not only honor
able to be inforner, but il the duty Of every cit
zen to become when violations Of the criminal
laws Of the State, enacted they to tho
peace aid good order of the body polite become
known TO such citlZeDs How long would these criml-
nal laws be obeyed if never enforced! How would
they be enforced if norTner preferred complaint
Let the friends of good order and morals in this city
present complaints against gamblers and vendors Of
pottery policies; let the committing magistrates prompt
ly issue warrants of arrests and when the accused are
brought into Court, let them if held for trial, not be
permitted TO go at large their p0rOls Of kohOr, bg
be onmitted without distinction Of wealth. of social
xiOns or bailed, let the amount be " large al
10 render their appearance in Court mora eertanty
let the CT and Jury do its whole duty by finding ndic-
ments in all cases of gambling indiscrInnate which
admit of reasonable doubt OF the guilt of the
eused and finally let the Couitsrefuse, conviction,
to suspend Judgment except in very special and pecu-
har nsances; in sentence, let the citizens, the
Courts, and the ministers Of the law thus harmOnize
and at the end of year from this time, neithsr
gambling sales of lottery policies would exist in the
City of New-Yolk.
What have sid respecting the prosecution and
puDi bment of dealers in Lottery Policies must be
sIItd to the principals in this traffic. The thousands
Of ostensIbe operators who make promscuOus sales,
in small way TO the million, are comparatively of lit
tie account Those ave sustained only by the Back
ers' in this business. These "Backers" are the gen.
temen TO whom particularly refer the attention of
the Grand jury.
Tie system on which this business is conducted in
this city renders the whole traffic huge gambling Hy
dra. The monster has series Of principal heads, and
fom those 90 forth inDumerable number OF smaller
II is useless to lop off The latter for others will
Immediately appear, and nothing useful will have been
accomplished. The ak of tho law must be leveed at
the great heads Of the system. These contain tue
main arteries which mpaIt vitality TO all the smaller
member Suppress the operations OF these Hackers,
and the hefar1Ous evil will be efectually removed.
The crime of gambling, gentlemen, is by statutes
from fafaAl fnAa To nd
original jurisdiction, in the first instance to entertain
complaints made against gamblers, the keepers OF
gambling houses, and the landlords who rent their ten
tm.nts for gambling purposes.
Several complaints of this nature will be presented,
and hope you will act upon them promptly and with
out reserve. You have the power also to summon
witnesses before you for the purpose of determining
whether it will be proper TO find indictments against
such persons this city as under the guise of some
lawful pursuit, are you have to believe, en-
gagged in the sale or guarantee of lottery policies
The people of this City are at this time unusually
aroused to sense of the importance of this subject.
The chine of gambling has become alarmngly p'eva-
lent and gamblers and policy dealers have assumed
bold and defiant toEe. 1t Is high time that they
should be taught to reepect the laws TO which they are
anenable and to realize that there administrators
of the law, who will yindicate its integrity and Its
power the persons of its vioators With these re-
marks leave this subject in your hands.
1t is doubtless known to you, gentlemen, that the
Court of Appeals of this State has recently adudged
that certain provisions of the Act for the prevention
" Of Intemperance, Pauperism and Came passed
April g. 1885, subject to valid constitutional 0bJcc-
tlops and are therefore void.
One of the provisions thus condemned is that which,
the court alleges, denied the light OF tral by jury to
parties prosecuted under it for misdemeanor, who
demand sucb trial and offer proper bail for appearance
at the General Sessions. .
Another of such provisions is that which declares it
criminal ofense to keen, in certain specified places,
Intoxicating liquor which the owner had III tuch PAGES
when the law became operative.
1t il also held that the two preceding defects are sc
be nded with other parts d; the law which regulate the
rights Of sale, that oil those parts are also void
But it is admitted that the great principle embodied
in that lawtke right to prohibit the sale Of iRtoEi-
eating liquors erists an tie Legislature, provided
LIQUOR owned by the citizen at the time when the law
shall take effect be specially exempted from It's OPP
Grafton. -
declared void In that respect.
These being adudications OF the highest court OF
the State the settled law OF the laad ana as such
Ieservng the right of private dissent, they Will be
respected for then by all good citizens IL Is
to be regretted however, that the decision is but the
uds lnent of divided court The change of only one
vote from the majority TO the minority would nave
neptrazed the action of the Court on all out one OF
the Important principles involved in the prohibitoJ
law.
In consequence Of tAis decision, however It spropcr
for the Court TO 10 you, at this time that the law
IN this State on the subject OF the sale OF intoxicating
hquop 10 involved in much obecurity. What pro
visions if any OF the old Excise Law revived, or
what parts OF the Prohibitory Law still in force
and If any Of them survive, what effect such parts
may have, if any effect, on those provisions of the
former law which may have been thus terminated
are questions which cannot be solved in q moment
The beet interests OF this great community de-
mand tha. those uncertainties should be removed by
legislative action; and it Is hoped that body will,
before lie adjournment, pas some law for that
purpose The great and 5tnevolent principle OF
prohibition ough, not to be abandoned. Having been
aoiudged constitutional il ought 20 be immediately
enacted into law, formed On o safe and ehectual
basis. A few days will determine the action OF the
instruct you more definitely respecting your relative