Evening star. [volume] (Washington, D.C.) 1854-1972, 1860-02-01

r,rrERY POLICIEs.-In the Criminal Cour,
,ss.,rday case was tried in which George w
r,eidley was charged with keeping an Office fol-
ths sale Of lottery policies, and selling LOTTERY
Iicy tickets As the offence was proved incon
stabIy the defence set up was that the defendant
rs acting as the agent of Henry Olive who has
b.ronded. In pursuance with this theory of de-
,,nce. Mr.. Norris counsel for defendant, asked
,,s following instructions TO the lury:
To convict the defendant of keeping and
maintaining an ONCE and place Of business for the
se of lottery tickets, 1t is necessary for them to
Iseye that he was the keeper of the said office
I'd place Of business and ii is not sufficient that
=, should have been merely the agent of Henry
olive. or some one else. who had control of the
r-s-ne>s as prlnCl pal
The Judge in answer to this PRAYER said The
NV must be satisfied that the defendant was the
.s,ptr Of lottery office end this from tue evil
I.are: Lut he cannot shelter himself under any
~,lrped agency. IL you believe he sold lottery
.frke,s in that office. received money for them
I'D prizes, exhibited tickets for sale to tbos- in
s!l.d TO purchase, he would be liable to pros
,.atiOn under the act OF Congress of 3lst August
80 and NAV. If the evidence warrants Il he
,,nvicted of the first count of this indictment
To convict the defendant OF selling or Offer
no for s1le a lottery ticket as charged in the in
dlctnent IL must be proved that such sale or offer
70 sell should be TO the Person named in the in
irtmeat; and If there is a variance the defendant
-, ont tied to acquittal.
This prayer applies to the third and fourth
counts and is granted. -
2 II the jury entertain a reasona BILE doubt "a tn
neither the SAID ticket sold or offered for tn
Henry Olive, as charged in the Indictment was
IN the Sussex County Lottery, or in the Delaware
Consolidated Lottery, the defendant is entitled to
an aCguittdl.
able TO the third and fourth counts The iurv to
convict the defendant on the third count must
ind from the evidence that he sold ticket in the
sussex County Lottery, and so to convict in the
f,rth eOant, that he sold ticket i'm the Delaware
Consolidated Lottery.
l. To convict the defendant of selling or offer
ny tor sale lottery ticket, as charged in the
Indictment. il must be proved by competent tes-
'lmOny that lottery was drawn in the lottery
described in the indictment and that the said
ucket was in said lottery; and in the absence of
croof Of either of these facts the defendant is en-
;ilsd to an aCquittal
Refused.
D. To convict the defendant of selling or offer.
NJ for sale certa lottery ticket as CHARGED in
ae Indictment il is necessary TO pi We some further
description of said ticket than that it is tic ket in
lottery called the Sussex County Lottery or
talt II IS Tic ket IN lottery called the delaware
Consolidated Lottery" the defendant not being
thereby informed Of the particular charge to which
70 direct his defence.
This prayer Is also refused
. To convict the defendant of selling mr. offer,
Ing for sale lottery ticket, charged i'm the in
dl;tment, the said ticket ought 10 be produced or
rs absence satisfactorily explained and accounted
fer
This prayer is granted.
Michael fifer, convicted of bigamy was placed
tn bar and sentenced to four years in the peni
'sHtItry.
VIM. Melee, convicted of selling lottery policy
tickets, was sentenced to one month in the county
jill aud fine Of SlO0
fo-iay.-The jury in the case of Geo. w Frid-
~ tried yesterday for keeping lottery-policy
"t-~r. returned sealed verdict of guilty on the
nrst and second counts in the ind ictm ant The
r-.rnd1nt was then placed at the bar, and SEN
i.uCed 20 one month in Jail. and fine of 800
IN sentencing Fridley, the Judge remarked that
lbs Poi!cF business was the very worst species
Of gambling. and must be put a stop to The
'"nrt was disposed to visit such acts with the
Utmost penalty Of the law, and would do SO but
tr the fact that this and the Of Magee yeste-
d'y were the first cases which had been lsfore
Lim where verdict of conviction had been found
and as the citizens had borne with Ii so long with
ot feso'ung 10 the proper legal remedy, he should
make the punishment lighter than would other
wise have been But the Court gave notice that
IN It'Ie, should any similar case come before him
to' action. he should perhaps find it necessary to
enforce the full penalty allowed by the law which
was six months imprisonment and 81 900 fine
The MILITARY Within few montbs unite
."'n-e IS apparent in military spirit OF volun-
'"rIS Several new corps have been organized
'hu are progressing rapidly in the drill of the
arms oi Inc service to which they properly be-
'''I some OF the old corps have been increased
ld are also attending with unusual zeal to drill
,itteS Tie present volunteer organization has
pe'h Tor long time very objectionable, and
- us nave been frequently made To improve il
lie assurances that the Department az W., would
50 1n give thu volunteers an efficient nd subS,ap
.idI organization have not ye: been realized and
az result mas been that COns derabie disco, font
prevails The volunteers il would Soon, -
"c''Hi!hsd that In" present organization must
cr@St' and at recent meeting 1--WE are informed
P''s.uVc declarations Of the wishes Of the Con-,
pines ere made by the officers To the effect tha,
'AcF Were aliIoS; unanimously opposed 10 tLe
-, : 'i1I.''ioh. Ihey very properly agreed
" ma; mum II until after the I'D inst as failure
81 'r!r part 10 Partic pate in the Inauguration of
'Cs w Washington statue, might reflect diced,
Y uPoh the District volunteers But at the
~, ..llr they declared, unanimously, that after
regiment under the existing organization.
>USGE>rIoS-Th drivers of onnihuses
'N''a 10 perform their duty to their en-
p;"yris; but they rather overdo the tLing Com
p8h'S ny ladl-s are frequent that the drivers arc
,rT 'h haStr That. befure they are fairly inside
"'of = slammed and the horses started IT.
Wiz "' gentleman who has patroniz.5 the o,r
: i%f years has, since the opposition line
,r" al'eI' been thrice injured frightened by
81 '"Pfo2fr haste, within few DAYS The first
sue was thrown by the Sudden starting of the
'ses; The second time Il valuab dress was
nv Tue Summing of the door before she
~ ,I;.5 a lIot on The ground getting out; and
, ,u time he had her finger mashed by the
s-'i'iiln| OK the door as she was getting in an
toi.o Uses On Saturday Nigh child was thrown
rba S,iy uown by The sudden starting of a coach
Ie uIiVers 81 both lines would do well To ron
siuef the comfort and safety of th.lr nst,o,s ,nd
-SdNS De sure they seat ID or ont OF Tho COB
'''oe 'Hey start the horses OF slam the doors.
hk flkx DEPARTMENT AND THE TwS
-CoSD - We understand that several Of - .
piies are making arrangements tn ~, IL va,
"a OF REQ nary and II is probable nat -,
ing companies fon other CITIES will uni, . !s
u I'm 0h that occasion IL the nremen na,sd mI'
oody, they Will make an Imposing feature in ia
ilne OF procession. Upon such an occas;nn ~
inauguration Of the Statue Of washinaton !,
would be proper for every association 10 be ,sn,
sented In the line but especially the Fire Densrt
ment, composed as il is Of the Young and abls
bsdisd citizens OF the District uniformed and
EQUIPPED for the public good and with a fnII
.u1uoO, iaey would constitute important fea.
,nre We hear that one of the COMPANIES tbs
Perseverance, expects TO be out In a new eouin-
men, on that day, for which the order has been
sent 70 New York WV
ScrRzhE COURT, YEsrBRDAY-No g. The
Ch'so sntes, appellants, agt. Charles Never Fl
Appeal from the District Court Of the limited
.o' tne northern district of California On mo.
nam o. Mf Attorney General Black, this appeal
No Joseph Pennock ct al appellants ,g,
49, ,. Coe, trustee, &c The argument M
cause was continued by MI Otis FOR the /, n.
h. s1,s snd concluded by Mr.. E. NJ. Stanton f,r
NO 81. The United St,.u-