New-York daily tribune., 1858-03-09
CHARGES OF SIZZLING AND PRINTING
LOTTERY Policies AND TICKETS.

The examination OF the charges against John +.
Baldwin and Samuel Dickinson, the first for prntiog
and the second for selling lottery policies and tickets
took place before the Recorder yesterday at his office
in Chambers street. T. b. Van Buren,, esq, appearing
for the people, and exRecorder Smith for the accused
The first case disposed of that Of Baldwin,
charged on the complain: Of Sergeant Birney, with
printing and publishing accounts of the Spsrts Acade
NV Lottery of Swan & Co., Georgia.
Rx.Recorder SMITH moved TO. discharge the accused,
and argued the motion at some length. One point the
counse raised was that the papers presented by Mr.
Baldwin did not state .be numbers 10 be drawn but
merely announced the numbers already drawn, and
therefore the publication could not De I'll hdcIaDie
offense under the statute.
Mr. VAs BcREs, in reply, asked to have the further
hearing of the case adjourned ss the interests OF the
people required that the case should be carefully
studied and he had only just been called INTO IT,
The CoURI remarked that the only question was,
whether the papers in question published St oi 10Y
tery prizes or not Phe case had been already ad-
ionsd three times and though he was Wiling 10 aa
iourn il 70, two months if required yet, II ADJOURNED
to-day it could not up sgsn for week, ID con
sequence Of the great number OF cases now DeiC'
the Recorder. - 49, D.
Some further conversation ensuing between the he
corder end the Counsel NJ. SMITH finally preceded
,o read the papers which were merely cerhcstss,
,gred bv the COmmss ionsrs, Of the prizes Drawn ID
order fr IN the wheel Ee further eoRended, as the
section Of the statute applied TO 81 Illegal lottery Only
the defendant could not come under It. Mr. SHitn
said this was legal lottery in tie state where IL was
drnv,. and if swan d Co. should send three colluI,
A week 10 every paper N this city, and they -nouId
,pblish them they would be dong periecty esa
rt or if swan & Co should 1eclde to nave au thelr
ratpp done here including their tickets they Gould
10 .o but they could not circulate their tcktt mere
Nr VAS BrREs on the OtLer hand contenaed tnat
eny or, of publication here having reference To the
IL 81 IItery tickets was Illegal and that according
a The act II 1853 this IN illega! printing.
Al mis- stsee of the proceedings, Mr.. M. u Stanly,
Who was seated near NJ. Van Baren, pointed out 20
.bs counsel some portions Of the statute he quoted.
To which Mr.. saITH responded: don't see that
the nor.jons Of she law pointed out by tse gentleman
ard lii associate counsel alters the matter at all.
Mr. VAS BUREs expressed hope that the case
would be tried with courtesy.
Tha REcoRDER-The Counsel for the people has re
fsrred 10 the wrong statute. In regard the point
fir. rased by Mr.. Smith that oeEse had been com
mitted it sas amply covered by the statute. As Il
tie second point, that papers had right to publish
accounts Of these lotteresthat fully covered by
the case OF the people agt. Charles in Demo. Al
there we're variety of lottery dealers in tss city
some Of whom had been arrested and other'
not, be deemed it his dEiy to have them a.
arrested. He would not have an avenue OF justice
opened 70 and closed agsinst another.
l ciTfnsl magistrate not TO be governed Dy ahy
or set OF men and therefore in future, hs etopo
would d. Ospose cf all brought before him wbe1"e
he psT.le. protected by persons IN auth2! "
VhotR er they we're lsecuted Dy persons ID
TIE Recordtr therefore oyerUsd tie p,inis "a '.t
MS- Suta snd s. t.!s vs.. H. Isue suor p0''aIV'