The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-13

anoen@x rnsse OF ths kssstexy pos1cy Question
OPINION or rRB RECORDER
In the coar Of General scssons yesterday Recorder
hu~pard deliver an additional opinion on q demurrer
ke< by Recorder Smith counsel for several parties
who were indicted for selling losery policies
The pdtctmepts in hsee found for selling
wh1 are commonly tpown as lottery po,ies under the
&c. Of 1851 entitled can act more ee tusy 10 suppress
gambling" amended in 1855. demurrer has been
He'd 10 the indictments Tho only question that arse
whether me indictments charges criminal offence or
demeanor, the defendant csn be convicted; although
ne charge il felony have held in the
arose IN motion to quash an Indictment, precisely SINH
r 10 the one in question, that the indictment charge
Offence The act that the act was valid and opera
eve and the ndic,mentwa in oil respects sufficient My
views expressed in that applicable TO lhese
vel for the Defendants in these which was urged
b the csse OF the People agains Borgers and
slider II is that the words shall sell vend what
commonly knorn called lottery policies }" to
be read in connection with the words Gin the nature OF
bet wager insurance upon the drawing drawn
bers Of airy public private lottery that consequently
rhere offence Unless the lottery policy is in the nature
cf bet wager or insurance upon the drawing or drawn
numbers OF public private ioeryand therefore the
indie. ept must that the policy in question is in the
mature of bet. &c, upon the drawing or drawn nun
bers Of a public or private lottery and must be
framed in accordance With the principles laid down the
ssss Of The h pe0pe sgenst yior g pe1iO s. That
az foovs"Or II any peraon shall sell veud lottery
policies purpong TO be governed by the drawing Of any
book any ether document for the Of enabling
sshers 20 cell or vend lottery ro,ices In 1855 this act
wa smepced by striking ont all or the above qiotsd
vorcs down 10 and including the word "'ctfery, an,
substituting in lieu thereof the folowirg"Or any per
son shal seh vend what are commonly Known ne or
called lottery policies any wrfrg card paper or
document IN the nature Of bet wager Or rs ufnnce upon
she Drawing drsw Plumbers Of any puSc or private
httcry BY comparison Of the original oct with tba
amendnert win be trait the intent Of the Lsgisla
create two distinct offencesthe one being
tbe selling OF wh9t commonly known or ar allied
iot.ery uocc. the olner being the selling OF any writing
&c in the nature az het &C. upon the drawing drswn
numbers Of public private lottery; for If the
aneDduept had been made TO get rid Of any
uncertainty, rerp'eyiy vagueuess, arising from The
OF the WORD lottery policy the Legislature would
ether have passed defining lett oct ~ the amend
usbt the words what smmoEly known caiied
iottery policies" inasmucn they would be entirely
useess for that purpose This supported By the
construction which must ne given 10 The section according
" ltical rules 81 those ruee tina word "other
ahcuA have infeTted between the word "snd" snd
the vord ANY order make the Sin the
ture n bet &c upon drawing drawn numbers of any
rlbc private lottery" applicable 70 The words 'wt,
commonly kuo as called lottery policies"
The indictment therefore properly framed fol the pur
pose Of charging the Of selling VIA. arc commonly
fncrn ana called lottery policies The other poin.
msne by tho defeude.s counsel, that the ofenCe is
ird,mesror OF which the Court OF Special Sessions has
Sxcu Jurisdiction has been held favor Of the people
by N o. tie JUDGES OF this Court The tenVTTers must
be overruled and tne prisoners plead 70 the cdcmen