The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-12-24
The Lottery Policy Examination Concluded
Decision Reserved.

Tue Of Wood, Eddy 4 Co, charged with being Gu
gagged in the lottery policy business, which has bcen be.
fore Judge Russell for the last four days. continued
yesterday.
James n. s,urgcs was sworn and examined by Mr.
Holmes. Hc said-I reside at 10. Bowery, and am
exchange broker; know Benjamin Wood; d. not know
Mr. Eddy, but know Dickinson and Murray by SIGHT and
have had some little acquaintance with them.
O nd you ever know of the by either og thc de
PENDANTS Of any lottery ticket the city Of New York
Of any such being placed commission By either
Of the parties narneuy A. do not
q ~ you know that either ~ the parties named have
dealt in lu,icry tickets IN the city Of Sew YORK, A. 10
Mr. Holmes said that he had exhausted his testimony,
and would cse The ,ase reseryng the right to call Dennis
Conley, who failed ~ attend.
Mr. smith sni he intended, after consulting with Mr.
Wood vino was not IN attendance, 20 move tor the s
mssa 81 the complaint, the ground that there
evidence ~ hold the defendants lie asked the Court 10
wait u the arrival Of Mr. Wood before ha made the
uoh After An hour elapsed Mr. Wood arrived and held
private consultation with his counsel alter which Mr..
smith sad.--Ipon consultation with my client and my
asoclate, have TO tho CONCLUSION to allow the
counsel tor the prusecuton be confessed that his case
weak % require him to make speech upon
this subject have the PLEASURE % addressing your
Honor ulon thia case alone; that, as view this
case our IN good faith for the discharge OF
the defendants the ground that hcTc not probable
cau,. 10 hold them As your Honor has taken all the
,.stmo0y the casc, satisfied that the facts
s fiesh your Honor mind and that yon understand
the law applicable 10 those facts, aud all that could
cnlght the Court therefore shall decline up
tls
Mr. Homes, counsel for the prose- escuon then proceeded
to Up the cssc. In his introductory remarks he re-
pied 70 an attack made upon him by Mr. II.ii who
charged him with acting dshonorsby 10 putting certain
question tn the witness Armour Wednesday. Mr.
Holmes rsSerfed that Armour had Committed gross and
~fu pcrJry and vas amcnabe prosecutor for that
uli, nee ILe following question put to Armour on
Wednesday u 10 yon know of any person receiv,ng
and II 50 whtn, the money for aprze 10 ottry such
money being received at l46 Fulton street. IN ctyf
He Answered.
A. I'D not. Armour subsequently admitted that he
received money for Prize AZ l4o Fulton street
Counsel commented upon the evidence iduced hy tho
rfosecunn and argued that the defendants should bc
hid 20 the charge OF violating the lottery laws of
tbs state.
Juap, Russell inquired OF Mr.. Holmes what he intended
10 d. With w. complaints made against The parties
had hU. the habit of selling tickets and acting the
agents of the nrm Of Wood, Eldy A Cor
Mr. Holnes replied by saving that p~rson charged
prime pal ~ this ole ce had been placed nppn tue
stand y witness.
His Ho,or said tina, the faith ~ tho state hi bccn
i'm, against whom complaints Ind been made
Mr. Tall called the atefton u tht Court r. he o'
Thatcher against Morris ~ ths fret " hfW n iZT
sLuw thar Murray would b. held habie s h.1 refsed
to 10y Nj Ring the h,tnaui hc made for tterg was
Drral III ile State of Ge0tgs.
Nr smith. contrary ~ tie stipulation he hpt mate oc'
~ makt speech, proc eivd to ap the th
tending 70 show tha Wood dv ( % wete prop .etors
of : iottety u The cisy ~ Nm Nerk
VT liNlms mace brief rtlNy, after which
Judge FNseefl s.td Dr. wUHtA examine tn evidence
probably render lis decision Thursday next txat.
O'Clock.