New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-28
CHH COURTS.
UNIrEp STATES CIRCUIT COURT.-Noy. e7.-Before
- Judge NELSON
TIE NILTON CASE AGAIN.


UHIrEp STATES CIRCUIT COURT-Noy. g7.-Befors
Judge NELSON
THE MILTON CASE AGAIN.
United States District Attorney samuel g. Courtney moved
that the record OF this be amended by adding other counts
The libel After argument the motion was denied Mr. SD
Webster then moved on behalf OF the Government tat o
libel itself be amended by adding these It, After agu
men by MT webster m a'qr OF and MI EyaTts ~ o1
90 the motion the Court TOOK the papers reservng us ~
that the libel being deemed Insufficient when near e
end Of the trial counsel for the Government moved Tor us
Amendment anG IL 10 claimed by them that the CO e tSa
ceded 10 their request and ordered the amendment hne l
motion to have the record amended so that the auuOna
was contended by Mr. Eyars on the motion to amend the
record That although The Courts attention ncnjve action
matter during the progress Of the uli no bod bcen
taken by the Court and that any action nao on
taken the counsel for the claimants Wouu nav Pe ~ 80
tense which under the the amendment not Deng
ordered, they deemed unnecessary , ~, . 49,. 49,,
ordered the amendment and did not appear on the record ne
would be competent order It's incorporation IN e reooru
hui as that dd not appear be the he was not oompe
tent 10 order the amendment ne would however near %
ment on motion 10 amend the libel on the GROUND that the
substance OF insufficient for the purpose for which II was
THE LOTTERY AND POLICY CAsEs-THE "oUTsIDE" DEAL
ERs TRIUMPHANT-AH OUTSIDE DEALER PERMITTED
10 DEMUR 10 THE INDICTMENTS AGAINST HIM, AND
JUDGMENT GIyFN IN HIS Favor.
U. 3 agt VIM. Craft two lndictments. ::
The lottery and policy fraternity lor rather the outside
Dealers have been in ement for weeks past owing 70 rads
that been made upon them by Government ohcias VINO
have arrested them by wholesale and taken them before Com
missioner Osborne 70 answer the charges made against te
selling lottery tickets and policies without paying the spcls
10 understand the term outside in reference to these
dellcrs will inform readers that refers
10 those dealers who back their books and will not sen
for the manager at peIeeataee Inc secretary Ds t
Government 500 FROM any dealer unless the manager
or of Inc lottery in which he sold became his
surety or surehe in the OO that he would not sell any
lottery ticket without axng the revenue stamp thereto and
tbp manaqcr refusing 10 become the suretes OF the out
ade they driven to the necessity of either abandoning
the business continuing in spite OF the law Ihey almost
inc 10 make good tight against the monopoly" as
they cali the managers and whom they not slow OF aecu
ing with acting in completely with high Government officials Tor
crushing of the outsiders Most all Of those arrested
when brought before the Commissioner waived an examination
and gave bail the Of g. 900 either appear for
animation at later date OF 70 await the action Of the Grand
Jury they might elect VIM Graft the defendant IN tins
case determined the conSutionahy OF the law
and had his brought before the Grand jury at the ear
hest possible moment Two indictments were found against
him. AS the indictments were found MesSrs VIM h
Eyer and james Brady wished 10 make an argument on be-
ney wished do the behalf Of the Government Judge
fully made up that the law imposing ts TAX was unoonst
tuOna and ordered that the defendant Craft and all others
had been arrested and imprisoned held 10 bail should be
Immediately discouraged on the own 70 9pea
Tor trial il called upon at the next term OF the Circuit Court
commencing the third Monday in February The United
Commissioner also instructed to issue no more
warrants for the arrest Of parties violating this law
gers and they not only do business without the Mana
gers consent but they can transact 9 ~ %itGOu' yls
tory and that it but the pesage to GROWING one IN the
Supreme Court when the question comes TO be passed upon
they having good to believe that majority OF the Judges
are Of the opinion that the law unconstitutional Judge Mel
son in the Northern District Of this State and judges
parts OF the country had previously decided that the
Law unconstitutional on the ground that imposed tax
on crime or what was considered such by the State Consu
tons and laws in the States in which the decisions
deed Yesterday, hOweverJudgc Nelson having inmated
in the time that he would give the District Attorney an
opportunity Crafts brought before the Supreme
Cour-an application made by f. w. stoughton esq,
associated the matter with the District Attorney
for the prosecution that the defendants be permitted TO demur
20 the indictments which was granted and Judgment vas gwen
mens to be bad in substance showing no oense eognza6
ia law The effect this procedure Is to put the record in such
shape that the question may be presented 10 the supreme
Court OF the United States and criminal cases are usually
at the term which bogus first Monday Deccm
Der The object Of the DistriotAttorney in getting
Of the oOnstituoHay of the law tested in relation
like other that have been decided
unconstitutional the defendants in the latter having VIC
raFy the law 10 sell without license but the law having
been amended in July last by inserting special tax instead
OF ocnss the Attorney contends that Gran having
violated the law July has become amenabe 20 the penalty
for not paying the special and holds that there dis
tbem Judge Nelson however does perceive any essential
difference between the licensing Of them or the imposition Of
He willing, however Oblge the District Attorney by
giving him opportunity 10 have that point decided
OPINION IN Thu CASE or THE L. s. ACT. THE
SCHOONER GEORGE DARBY.
This is an appeal from decree OF the Court below
dsmssng lbe fled to forfeit the vessel upon charge Of
e e s1 1Se go Of Bao C. and when wa seized sp
tebsr le The libel dismissed on the ground that the
seizure had taken place in contemplation Of law before the
vessel had got underway to commence her voyage and while
in constitute the deo,a oOgniabe by the civil law
looking into referred q Cranch p 100 and
Gall 80 and which relied in support OF the principle
stated inclined 70 concur with the Court below
The and Of the vessel 10 have been en-
tey ignorant of the shipment Of the cOnrab8nd goods not
only but had endeayOed 70 procure custom officer 70
saperiDend the ading. order efectuay 70 guard
against imposition the temptation OF the shippers to get on
board this description OF goods There is nothing in the case
respects this vessel either in her preparation for the voyage
in the conduct Of the claimants that make u public
object TO strain the principles Of law apply 10 the facts
rigid construction in order 10 forfeit the property On the
sry after examination Of the proofs feel bound 20 say
II not matter Of regret but Of satisfaction that ind the
law 10 harmonic with the right and justice Of the case The
decree Of the Court below affirmed
THE GILLIAN " ToRPEDO-MRTEoR' CASE.
United States agt Benjamin Vicuna Mackenna.
The defendant in this case it will be remembered
charged with completely In attempt send ont torpedo
boats and also munitions Of by the Meteor TO Chill from
country during the between Chilli and Spain thus
the The trial had been down for
bail had been given On motion Of MI T. w
StOug for Mr. McKenna the ordered
stand till and the indictment and babond ordered
TO- the next term.
UNITED STATES DISTRICT C0URT-Noy g7.-Befors
Judge BRTTs.
CONVERSATIONS
Returns of process we're made in the following
III loto If hair Ec art