The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-02-25


COMBINATION OF TIE ARGUMENT BEFoR TIE RE
CoRpSR-roIsfs OF THs DISTRICT ATTORNEY
AGAINST THE MOTION TO QUASI The FDiCT-
AESTs
Before ENcordes Dax sssd q Chambera
The Argument mcIkn os for Jacob TOarges
quAsh IN indictment found against him BY tho last
Grrpd Jury Tor vending lottery policies which Com
mesoed IN the Court of Sessions Saturday last
sumed before the Recorder Yesterday II his ofloe
number OF Mdctmenth OF a similar nature bave bean
found aganst other cefendabts disposal Of which WI
be eovernec by his Honors decision IN this
Mr. eedgwok tho Assistant Dsric, Attorney addressed
tie Indictment the substance Of which embraced In tho
follow ipg ponds
TIE pETRro- ATTORNEYS polxra
l. This T. motion 70 qussn the practice Is not 10
quash when the question 10 doubtful Motions have boon
refused Tor cheats solus four by false weights. for ex
tos,on anu ieouy. (wbsstps A. Law r. 6iS)
The Grand jury has origilai Jurisdiction eli
CTiDe%, te,OnIes aod iuisden-SIors (>ce Charge
Grand jury BY Russell, CIT Judge Barnard, Recorder)
The statute eDecueg tue oneoce iuiiotmeot
charging It have 10 thor legal certainty. The
WORDS commonly known caiieah refer but %
thing emo may 30. fee' 70 than II il
s,ricuve than lottery poicy," because the latter
might involve & tFansac,on not known beyond a
limited class; ana therefore that shall be Known 70 the
Community eeheIaiy, rs an additional protection aud
CLOSES the coor r. ouIaon things that mig
part~ke Of The nstce of o,,ery policy no, subject
70 the Objection ter which offence was made Tho
phrase prudent and JUST because strikes the de
fence which rogues Msdt make establishing their
nomenclature Of CRIME by slgnt variation of FORM
escsk the pursuit Of Ubstana Justice Hence
cessy 10 change tire act OF 1851 IL hiss the same
tapty which 10 reJurcd in proof OF otnor cr,mes e.
the party INJURED the thug solen the instrument used
suffice Dy sob out by ~hA they COMMONLY called
sno designated Ii the woro "lotcry poi,cy" had been
solely used lis construction would have TO be the answer
a. the q0es.ion-1s II commonly called ard kno ~n a
lottery policy A. Seidop decides that the Law making
power must be exerc sed by the LEGISLATURE that can
net be delegated.
4. Tho LIMIT AID the of the Law making power
are i%sDd IL ,be constitution Kent, 44s. -
b The worcs "tGken AID held as 4 common gambler"
merely give u the offence aud the offender but
Its tace make on, elements OF the cr,me they having
before been specifically s,a,ed When words
in the puIel humber the Revised statutes, the VIDE
range o. punishment ior the siogs isolated
case ann the OFT repeated oence which would not be
the acts mad been Otter reiested the common
gambler o. the offence vc.td OF the often repeated
act, there would be for tue disposition Of pun
hbment To threaten ca abandon wife makes dsor
Derry person.
Al the conclusion Of the Assistant District Attorneys
argunclt,
Counsel for the defendant made an elaborate reply He
said that the true test his Honor to apply
this in considering tie present application 20 qussh
the Indictment was, the hand The familiar rule
which the c0un Ell for the people ma conended tor and
to other this III upon the trial the indictment
his Honor charge the jury tia. the proof Of all
conter not sufficient 70 convict, after coavc
ton lie would arrest t- Judgement" upon the ground that
there suciot ab out the contt ns OF this
mdctneDt ,h-n the du,y oil the Recorder 10 grant
the present Notion beos.ea It would be perfect folly II
crowd criminal with the trials o. indictments
the hts Of motions in arrests OF Judgment when
VA perfectly appAJen from te starting point Of the pro-
secutor that the matter had been brought TO the mind
o. the they would and end
without further trouble.
Counsel reviewed scrid,im the points of the kstric,
Attorney following the line OF Argument sdduceJ by
him in his molten Saturday.
The Recorder said that he would prepare his decision,
and reaG ~ the General Sosso0s Thursday, March
AN INTERESTING SEDUCTION CASE
On Tuesday ng Mr. Ci,ss SPENCER appeared before
the Recorder and moved for tho discharge OF Frederick
Lomas who arrested on mpa'nt OF tenet Hamilton,
for breach OF promise OF marriage The case is pos
u Interesting features nasmuch the accused
beardcss youth OF sixteen summers ard IS the son OF
wealthy citizen OF the town OF Manchester Canada while
the s 70 years age devoid OF ouch per
soDsl a actions would be- likely W captvate the heart
of imaginative youth But tneiac cannot be
that Instead or being under the pat-rnal roof he IL
detained in this cry a criminal charge HIS presence
Is accounted for however, BY bis COUNSEL who stated in
his argument that Jcnet likely TO be the sedu
than the seduced Her story borders the romantic
tor abe afrms Lonas her late the evening
Of the public streets II Montreal, and persuaded her
TO accompany him en- pi grmage 70 New York for he
she alleges that Tomas seduced her from the paths Of
tue under promise OF marriage Finding that her ''cop
1debce misplaced" she immediately consulted ooun-
ADVISED her TO prefer criminal charge against him
for breach promise Of marriage, and alsoo
civil su for the recovery o. number OF oisands OF
dol aIs-a philosophical idea Lomas was arrested and
incafcerated In the City Prison but subsequently
leased bail, gentleman Of high standing thus city
bee nug MS surety Mr.. Spencer, IN ms argument,
maintained that Jsnes story improbable ia face
that lie had evidence prove that she improper
woman that order the charge the OF
seduction with which he perfectly familiar required
her 10 establish her previous chate Character beyond all
peradventnre. This was his strong point
Yesterday afternoon, at the conclusion of the argu
ment the lottery policy indictments, the Recorder
gave opinion verbally He said be felt satisfied afor
careful examination OF the statute that the complainant
bound prove her previous chite character, and
that she bsd done So he would discharge Lomss.
HIS Honor remarked that would write out his opinion
and submit next Wednesday.
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