New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-01-21
THE LOTTERY CASES.

ATS o'clock yesterday morning the question Of the
jrsdieon Of the Lottery Cases came up tor consider
sesop before Police Justices Osborn, Quackenoush and
Brennan sitting as the Court Of Special Sess ons. The
AseassIs in the case had been examined before ldge
Rassell, sit,pg an examining magistrate, on the
charge of promoting lotteries in this State in violation
Of the statute, as follows;
"No person unauthorized, by special laws for that
psrpose, shall, within this State, open, set on loot
cariy on promote draw, publicly or privately, any
AAteYy game, device OF chance OF any nature or
hsrscter whatsoever, by Whatever name 1t may be
called for the purpose Of exposing setting 10 SAFE OF
disposing OF any houses a1os, lensnsntS, VI W. Je
ever oferds against this provision, snail be deemed
guilty OF nisdemearor; and on oonvouon sh1h be
subject 10 fine equal to the amount OF the whole sum
ar value for which such lottery gsme, or device was
made, and il such amount cannot be ascertsned then
20 fne Of e. 500, or 10 imprisonment not exceeolng
two years or to both in the discretion OF the Court
Judge Russell held the defendants to bail to appear
before the Court of General Sessions for tiial.
TIE law extending the po sers of the Special Ses-
sions passed in 1855, ard which gave the Speolal
esssor an exclusive arisdction over misdemeanors
made doubtsal whether the indictment might no; be
sussbed on the ground that the defendant had not
elected to be tried at the General Sessions The DIS
tieAttorpey, Mr.. Ssdgwick, moved that the case be
ssrt 10 the General Sessions on several grouuds-hr
because the ce would be proracted TO period over
three days. which time Court of Special Sessions
could DO held and pending which the prisons would
become filled with prisoners, and leave large number
of euee TO accumulate; secondly, because the power
of The Court Of Special Sessions to pass ulg nsnt was
limited to Fix months imprisonment and hne OF soO
the statrte bearing upon that reading as follows:
'In hearing eermiDisg aoy &C ,nsstion accord
ing 10 the preceding provisions, the said Court shall
proceed in all respects as provided IN the hret aruce
Of this title, except as to the summonng OF Juryi
and shall upon the conviction OF the cd sentence
him TO the punishment prescribed by Law.
"Whenever a defendant tried under the preceding
proyisons Of this title either by the Court or by
jary shall be convicted the Court shsl render udg-
rsent thereupon, and itfct such punishment by hne
90 imprisonment both, as the nsture OF the case
may ,equire; but such fIe shall in no case exceed
Any dollars, nor such Imprisonment ak months"
Mr.. Sedgwick also urged as reason for ordering 1t
70 be tried at the General Sessions that the Courts of
Appeal from the General Sessions, and thence to a
espume Court, was one inapphcabe in this case, and
improper TO be used.
Mr.. James III. Smith opposed the motion, on the
ground that the Court did not have the power to move
the trial Of the case TO the General Sessions, unless
The defendant made that notion that if the position
assumed by the District Attorney was correct before
che Court of Special Session., the defendants could
be sentenced 10 fue greater than ESQ, or an
imprisonment for more than six months
could not be taken away. He held, also that this
IN expression the part of the District Attorney that
Special Sessions had power by implication in the stat
ate to infct the whole amount of punishment con-
tanned in the statute against the otfenss. Justice o.
born etated that he agreed with the counsel of de-
rdsnt and the views be took ths Court of Sessions
lad the power TO pass sentence Of two years nprson
nent Of &, 500 fine The decision was reserved in
the Gaze until IL clock on Saturday sext.
The evident desire the part OF tho Court Of Spe-
Gal Sessions TO retain the jurisdiction 10 the case, in
stead Of letting it go before tribunal, Is exciting
good deal Of inquiry amorg citizens as 10 the motives
which could induce this action.