The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1858-03-09

Innate soil and position Of Kansas, and promote in the
highest degree the peace happiness and well being Of her
wYANDorT CRY, X. T., Feb. e. 1858.
The Lottery Policy Dealers.
EXAMINATION OF ANDREWS AND DICKINSON BEFORE
RECORDER BARNARD.
Tho examination in the policy resumed yes
erday before Recorder Barnard the beng crowded
by parties interested in the proceedings.
Thomas Van Buren, Esq., appeared for the prosecution,
when the Of John T. Baldwin, charged with publish
ing printing the slips tickets aud circulars for Swan
Co g Sparta Academy Lottery Augusta, Georgia. was
taken up motion Of Mr. Smith, who moved
the dismissal Of the defendant the ground that
perfectly lawful 10 print the slips and tickets so long as
the party was in no way connected IN vending them
Baldwin he remarked is charged in the affidavit Of Ser
geant Berney who made the arrest in the act of print
ing slips when taken into custody This he did not intend
to deny; yet it only swearing to conclusion by
in the statute of the law. The only section
upon which the defendant could be held, was
not by printing publishing the slips, but by
vending them. The Slip he also contended, does not
show where it to be drawn gives no account of the
lottery, only giving list Of the prizes that have been
drawn The lottery, therefore, must in all cases,
Mr. Van Buren, sad that in justice to the prosecution
he would like the deferred over as he not fully
acquainted with the facts to warrant satisfactory per
formance his part, until he had looked more fully into
the law regarding the vending Of policies; he would
therefore, like to have delayed until Tuesday.
Recorder Barnard said he would have objections to
have the examination adjourned over but he could not
take it up again under ten days or two weeks.
Mr. Smith objected TO its being put of. He had devoted
several days. each time it being laid over and he hoped
the would be proceeded with.
Mr. Van Buren, consented to II the case could not
be take up under two wceks
Mr. Smith then continued claiming that not an H.
legal lottery. The Sparta Academy lottery recognized
as legal lottery in the where 1t is published. If
Samuel Swan Co., managers of the Sparta Academy lot
terry, should send three columns of advertisements 70
newspapers this city the publication Of the would
be perfectly legal But should the parties take action in
advancing the vending OF these tickets then they could be
IN the s The 'Ir Substance Of sso ps tickets
or circulars, is simply, he continued, giving an
accoun. of what has ranspired in legal lottery in Au
gusta Georgia Swan Co. have perfect right to have
all their tickets printed here, but they attempt TO nego
tiate the sale Of them they then violate the law.
be shown that the printing Of lottery tickets and slips
facilitating the sale OF them. would also be aiding
Recorder Barnard overruled the points presented by
Mr. Smith, remakng that he determined 10 give this
matter fair test Justice TO the public and in all cases
of this kind violating the laws he should make his spe
cia business TO put down In this case, however, he
said only misdemeanor, which is subject 10 fine
OF $3.50 three months confinement in the city prison.
He therefore, would fix the bail Of the defendant in the
amount of the ne which was only for his appearance at
| court
Tho case Of Dickinson was then taken up, when Mr.
Van again pressed his motion adjourn the case
he knew nothing regarding the charges, and was in
styuced by the Assistant District Attorney that
important case he therefore hoped day or two would be
granted him.
N
provided he could ask the witness Leech few questions
Mr.. Van Buren said be would have no objections.
Mr. James Leech was then placed upon the stand when
the Recorder by request Of the counsel for the defendant
instructed him that he at liberty TO answer not
questions put TO him, which might tend In any way 70
crimnste him degrade him In the eyes OF his friends
Mr.. Van Barren coptended that the witness for
the people he in duty bound to all questions
Recorder Barnard said he always instructed witnesses
TO not in such cases. and therefore would per-
init the witness TO answer not.
Mr.. smth-Nr. Leech did you make this affidavit at
tbQ mat Of he A "a si
Recorder-Do you read or writer A. No, sir.
Q. no you what Is contained in this afrdavit' A.
was much alarmed at the time WAS arrested that
don't know what did say,
O. Dd the Mayor Mr. Scott tell you at the time you
tons put 10 yeuY A. think they said somethine about
IT, but 10 alarmed that don't think know what
Mr. smh-Did the Mayor tell you IL you did not state
What you about the business he would lock you up
A. He said that would make affidavit he would let
go, which consented 10 do; and when got through
q. TO you know DokensonS A. lido
q. How longp A. About four I've months.
Y. What have you been doing for living within the
past three yearsY A. Carrying tickets.
Q. Did you receive package OF tickets from
ages Of tickets and which opened In bis Office.
Q. Are you sure you saw them openedS A. Yes.
fore l was arrested; also the day into
custody
Q. Where did you take thems "A. To several places
q. Did You have any tickets IN your possessiou when
arrestedf A. No, sir Mr. Dckenson just going to
give me package when the officer came in and took
them.
O What did you do with those you had the week pre-
viousY A. took them TO my employers.
o. nd you read tbem2 A. cannot read.
Recorder-Dd you ever own lottery tickets yoursefY
A. don't wall 10 answer.
O. Would you know the tickets' A. don't wish 10 say
O. Are these any Of the tckets2 A. Yes, sir.
Mr. Van Buren-What are these papers2 A. Schemes
OF the lottery they stocks which arc delivered 70 mo
twice a week
o Are they drawn in New York or in the south7 A.
south, sir: don't know Of any In New York.
verDg you these pacsages1 A. No, sir he only handed
tbcm ont TO me.
O. Did ycu ever pay Dickcrson any money! A. Yes,
air. always brought him money Ia return for tickets
@ Have you done that within the past three weeks9
A. Yes, cir.
O. Did you know What amount was contained in the
packages OF Imoney you delivered TO Dickeneonp A.
could not tell was sent 70 Mr.. mckenson by my en-
poycfs.
u What was your duty IN this businessS A. II was 10
obtain tho packages from Mr. Dckenson and carry him
back the money in return.
q Did you ever return tickets TO tMr Dicksneon9 A.
Yes, tickets that we're cot sold
O. hid you ever see hr. Dickcrson open packages Of
money A. No, sir.
The case here res,ed and was adjourned 70 Friday
morning. the 10Th ns at IL O'Clock Lccch held
bail In the sum OF sl0o.
Coroners' Inqucsts.
suProssD ABORTION CAsx.-rnformation was received n
the coroner's Office Dctay that young woman named
Annie y Johnson hsn died NeEhe New York Hospital,
fho NJ aho