The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-06
The Lottery Policy Business.

The Lottery Policy Business.
| ExAMNoTros IN THE CASE or MARCUS CICERO
STANLEY, CHANGED WITH VENDING LOTTERY
The examination in this commenced yesterday at
p. before Recorder Barnard, large number OF inter-
eated parties being present M X d. Holmes appeared
counsel for Mr. Stanley and Recorder Smith o. the
part Of the prosecution.
Mr. Charles Mcbride was ,he nrst witness called for the
prosecution.
The Recorder instructed The witness that he wss not
bound 70 answer any questions that might crinase him
SELF but that he bound to answer all other questions
with relation 10 No case.
O. Do you know the accused Mr. ssanleyf A. Yes sir.
Q. How loug2 A. About ton or twelve years.
Q. In what business has he been engaged during that
Objected to and allowed
A. decline " answer sir.
Mr. smith, am not asking you 10 state about yourself
AM only asking You 70 state about the accused.
mes - @ has been engagsa 10 sns policy business
Of the last twelve yearsY
Objected 10 and disaowed the ground that the sta
te OF limitations would not extend punishment back to
that time
@ For the last eve years what business has he
engaged inY A. rne policy busircss.
Q. Up to how late time do you know Of his having
been engaged In the policy businessp
only intended for publication TO show tho business OF the
accused in genera, way He did not think that there
any offence against the law charged in the indIct
nent
The Recorder ruled that there offence charged
in the indictment, and produced authorities.
Mr.. Smith, do not wish such an allegation ss that this
prosecution not gotup the ends or pubic JUS
tce should be allowed 10 go unconradicted. say il
there that instituted for the purpose
Of answering the the ends of Justice IL Is the OF man
who, for twelve years. has been engaged in Illegal
business and has endcavored TO other parties
engaged in the same business. there SAny man that
the law should take hold Of il s that who takes the
part hypocrte and attempts to convict those associ
ated with him in guilt There such thing private
matters In public prosecution
The Recorder am not sitting here for the purpose OF
private ends, or aiding private interests. The question
Q. Up to how late time do you know OF your own
knowledge that he has been engaged in this busnesst
Mr. Smith here proposed to send for the affidavit Of MIR.
Stanley before the mayor for the purpose Of oxng the
date when he swore that be was not engaged IN the
business
Tho Recorder ruled that could not be given in ev-
dence, but might be produced to III certain date
the policy business during the last three monthsf A.
decline TO
O. Do you know that up to The last few days
cciyed the proceeds Of the eals OF lottery pocesY A.
That is very difficult question for me TO answer.
Q. will ask you II you know this last thirty days of
sale Of lottery policies No, sir that very difficult
Has be received moneys that out Of the sale Of
Objected and dsallowed
q Do you know whether during the last thirty days. he
nees oS lottery polcies9 A. I do not know.
@ When the last occasion that you know of bis hav
ing received the proceeds Of lottery pociesY
Objected to- as the accused had received the proceeds
of the business IL offence known 10 the law.
The Recorder ruled that the question admissible.
Wtnees-A. The last time that balanced the books;
that was year or better since.
Was this money the proceeds Of tickets poiicies'
Objected to and disalIowed.
@ what the money paid to him forS A. For gain In
the policy business.
O. For policies bought by him or for those sold BY
othersS
objected 10 and dsallowed.
@ What those gans for2 A. II waslfor money
gained by parties with whom he was partner in the sale
objected 10; that unless Is shown ths, Mr.. Stanley
The Recorder ruled that the question admissible;
that this prosecution for felony and that the receiving
OF money from the proceeds of these sales was
MI. HomcszGod protect some of the members q the
criminal bar, Mcnl 0Aughtcr.)
O. 10 You know that Of your own knowisdge. A. Yes
O. You stated that he had been engaged the business
up 70 this morning. A. Yes,sr'
The prosscut,on here restcd.
Tns proeuon here oere n evidence the date Of the
affidavit Of stanley has he not engaged in the policy
O Have you known the DEFENDANT to sell within three
years last past any lottery policies or lottery cket' A.
Have you known the defendant within the last three
years have backed or endorsed any book Of pocie
now mk you to speak Of your own personal observation
and knowledge2 A. Yes cir.
Q For whom A. Somo twenty.
DO you mean to be understood saying that he fur
nshed personally the money for that puroeel A. No, sir
Have you within the three years last past, OF your
own knowledge, known the defendant personally 70 re-
ccve any book Of pOc.os Of pay personally any agent
for selling policiesf A. No. cir
10 S6u know Of the tefepdtnt having paid any agent
within the las three years any money personally on sc
count Of the sale OF poicesS A. No, sir.
q Have you within the last thrcc years received any
money from the defendant account Of the sale OF poll
cics the purpose Of paying for policies "hts
made by drawing Of any lotteryS A. No, sir.
O. Can you state positively that you have within the
last htecn months received any moneys from the do
fendant account OF any polcos2 A. No, sir have not
Defendants counsel here asked FOR an adjournment
Counsel for prosecution thought TINT uness the witness
impeached the accused would have 70 be committed
The examination then adjourned 70 Wednesday next
h3P NJ