New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1858-03-13

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McCasby tAss s. ~ ny tie sAre thug 49,. -
i w nAas - oAsrge sss.N htr: u Ne vi sly -
me tDew he !. ec,a,.S sesa ne wora tAss b . csig
70 w6sp NE, cad l val freely forgive him Il tAsf -
hss dooe.
M Smith .sid be ID 20 more suss.io.s 10 a. sss
the cs4c was sajoorsed-
DEMURRER TO INDICTMENTS FOR SHILLING
Policies OvERRUI.ED.
COURT OF GESE1AL sEssioSs-AAseS f-Sshp ls-
ooctf BAksAaD.
" r.~p- a.. Mortimer Sccsr md stser.
The isd,ctcnts these csses were iound Tor seiag
what arc commonly known a. Lottery po40les, Ssdsr
the act of 1851 entitled "Aa oct moro eaectaAy -
suppress gamblirg" rs amended in 1870. A denurrer
has been Ned 10 the indictments. The only quesa'oa
that can arise is whether the indotmeats chsTEe
ciimns offense or not; for whether the oncnss %
feony or misdemeanor the defendant can b coHvicted
although the charge is Of felony have he'd N sn~
Of tho People sgt. Borse<s, where the queetee
EVee on motion to quash an tndctment PfecssH
nias to the one in question, that the indcsmeo< We
dhsrge an ohense under the act that the sct wa
vald and operative, and that the inctwent wa N 81
poets sufficient. My views a. expressed IN tAsk
case axe applicable to thee There is, howevsx.
ground urged BY the ouusel for the defcLdsss ~
these csses which wa not urged in the case Of The
People ACT. Boryers, and noticed in my opsnca
in that case 1his ground viii now oonsdeT. Il ID.
Il 81 The words shall sell yend what cocamcaly
known as, called lottery pvlices, aso to be
rad in correction with the words =" 10 the nature OF
"bet. wager or Insurance upon The drawing or drawn
numbers Of any public or private lottery; that Goa
sequeDty there is no oense, unless the lottery pocT
is the nature OF bet, wager Insurance upos tho
drawing or drawn numbers Of public or private lot
tety and therefore the Indictment must aver thai the
ponCy Quest, Ia 10 the nature OF BET etc, upce
the draw ing drawn nunbers Of public or PRIV ate
lottery and must be framed In accordance With the prs
cpes laid down in the Gaze Of The People sgt Ta) ss.
3 DEMO, ~
That portion of the set OF 1851 which applies 70
this subject is as follows: or any person shall sea
vend lottery policies puTportngto be governed by
the drawing OF any public private lottery or any
"Per-os shall inaorse booker any other atfor
the purpose of enabling Others to cell vend lottery
policies In 1875 this act was amended by striking
out s of the above quoted words down 10 and ncud-
ing the word lottery and substituting in lieu there
of the following: "or any person shall eel or veud
what commonly known ~, or are called lottety
policies or any writing. card paper document, u
"ths nature Of bet, wager or insurance upon the
drawing drawn Numbers Of any public or privsts
lottery By scomparison Of the original scs viii
the amendment il will be seen that the intent Of the
Legislature to create two distinct ofenses the oss
being the selling of what commonly known a. O.
called lottery policies the other being the selling
Of any writing etc. IN the nature Of bet ETC.. nPoa
the drawing or drawn numbers Of any public prvsts
lottery; for If the smebdmen, had been made 10 gct
rid of any uncertainty, perplexuy, or ,aguetees,
arising from the of the word lottery policy, the
Legislature would either have passed defining act,
or have LETT out Of the amendment the words, "wh4
are commonly known called lottery potc ies,
nssmuch they would be entirely useess Tor that Pur'
pose . a,
This view is supported by the construction which
must be given to the section according TO grammatical
rules By those rules the word ether" should have
been inserted between the word and" and the word
any in order TO make the words ia the nature Of
"a bet &C., upon drawings or drawn numbers OF any
piblc or private lottery" applicable TO the worts
what aie commonly known Is or are called lottery
policies"
The indictment, therefore is properly framed tor
the purpose of charging the ocnse OF selling what
are commonly known and are called lottery policies
The other point made by the defendants counsel.
that the ofense is msdeues amor, Of which the Court
of Special Sessions has exclusive Jurisdiction has beee
held in favor of the pee pie by both Of the Judges os
this Court.
The dcmurrers must be ovenuled and the prisoners
plead 10 the indictments.