The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1869-12-19
THE LOTTERY GIANTS.
THE COURTS PLAYING "P0LICY."
The Wood SSOrrissey War Resolved
Into q Case Of Greek
Meeting Greek.
Judge 3arnard's Views on sDen"
and "Ben's" Views ON the
Whole Subject.
Vanderbilt and Wood as
Card Players.

The lottery case given in yesterdays HERALD
involving such sharp witted, well known char
acters as Ben Wood and John Morrissey, proml-
eos to last little longer before turning stale and
interesting. From beginning to end 1t is easy to
perceive twas q clear case OF diamond cut diamond
In which Wood, to all appearances got the worst or
It, and the honorable John came OF, as he has often
done in other trials, with colors nying. 1t is nn
necessary 10 allude to the part taken by the supreme
Court In this matter; the facts speak for themselves
and n 1t be right ana proper for the judiciary
to interfere In the OF Wood Morrissey Nor
rissey vs.. Wood, where the matter of contested
claims iii Illegal lottery is concerned, 1t is no less
right ana proper for the same authority to step In
and adjust the differences between the disagreeing
parties In any Peter Funk business. The lottery
concern carried on at 29a Bowery Is not sanctioned
by the laws OF the state, and consequently has no
rights which the are in anywise bound TO
respect In the hands. however, OF such distin
guished bene1ciaries rs Hon. Ben ami Hon. John
the institution had glamour OF greatness ana
responsibility thrown around 1t that dlsarmed crti
cism altogether.
wEALrB OF THE LOTTERY BUSINESS.
The amount OF money invested az capital In this
lottery was said to reach a quarter OF a million dol
lars and its PROFITS were something fabulous. Its
original managers were Messrs. simmons, Murray
and Davis. and the shareholders comprised John
and Ben and Others equally skilled and wealthy
operators. John Morrissey. in December 1867, sold
his shares to Simmons for 100000, and If the lat
ter failed 10 meet the provisions OF the contract he
was to forfeit any sums already paid ana
all title to the property sold 1t was
about this time that the report went
abroad that John had given up all kinds OF gambling
M Twin
mons had easy terms rom John, but, whether from
falling business or dissemination to fulfil the terms
Of the contract, John did not receive from Simmons
what was stipulated for Nearly year elapsed, ana
In September, 1868, John brought suit In the Su
prcme Court against simmons, Ben Wood and nl-
inerOus following o! lottery lights who, according
70 the complainant, had contedcratca to deiraud
HIM Of his rights and destroy the business In whicn
he had O considerable lntereat.
a COMPROMISE COECLuDEp.
There was good deal of time ana argument spent
on the case before Judge Cardozo and good deaf OF
establishment expressed by some people that any
consideration should be given The case a court OF
Justice. Before any decision was rendered the lot
terry men got together anu arrived ~ amicable
compromise among themselves, Ben Wood agree
ing TO purchase simmons interest In the concern
and take the control OF 1t under contract to
sum per month and settle the difference
with Morrissey. Wood ran the concern At
high pressure and made lG pay like gold mine,
according to all accounts but he forgot
involving Sle0,0oo with simmons and alied TO come
Wood reminding him OF the agreement and de-
clarlnN that from noncompliance with II he hao
forfeited '0e pI ~ A5no,r u.souvnn.
WOOD, apprenensive OF belng deprived OF the
money maAing machine he might NOW deem all
him to revive the old suit OF Morris
sey's against simmons, et a., which had never
been formally discontinued. Judge barnard re.
fused, ana the request was then made OF Judge Car
dozo, who assensed. This was a sharp stroke OF
business on Bens part. Everybody had supposed
the SUIT brought over year ago by Morrissey was
dead forever by reason OF the compromise TO winch
wood was asserting party TO a contract over his
signature. This however, was an error. The com
plant was still on file, and Ben knew II well. With
out allowing any Of those interested 70 know what
his intentions were Wood, through friend OF his
named Dickinson got an injunction from Judge Car
dozo, and In addition got himself, although e de-
PENDENT III the suit appointed receiver OF the Whole
ASSUMING THE DUTIES OF RECEIVER.
An ordinary receiver would probably have gone
TO work winding up the concern ana placing tne
proceeds TO the cre0it Of the shareholders but this
receiver, knowing that the business was healthy and
thriving, kept 1t going fun blast and kept rakig
In the pronI. Thursday last Mr.. Hennlon counsel
for Simmons went before Judge Barnard win a
complaint asking for the removal OF Woon anu the
appointment OF John Morrissey as receiver
sIMM0Ns' COMPLAINT.
Simmons, the deponent, c0ndenses bis complaint
rs f0llOws:
That the Path day of September 1865 John Morrssey
suit IN THIS sGa MT and "a the
aol ME pTpose OF wnang up SAID business aud having
lS settled and compromised by contract
AND s ss & 5 y aS M re-
@ as ass M s s"s ANY notice ss
verify believes. the such compromise settlement
Injunction aaan. de,enasn IN Mofrasey suit,
color thereof has possessca himself ot large amount Of
person property belonging bu.nss the
business under said lottery grants in tho nsme,of g n
hs eorssss rom wnans up sAd business proyidsd
for BY sal. trust and that BY these acts and others Of said
dcponent. ana parties having s inter ss have
roysd That depossa sas been and SseSss mar
Ss sa o e has ~. .. s ses the sal. about u e
entered After the date OF the sad trust deed
various other lottery grants and AZ interest therein
nd duly requested in conformity to the decd to
do, thereby forfeited all his rights the
MoARissRY TIE REscUB.
Judge Barnard granted The Injunction, and John
Morrssey was duly installed as receiver. John WIS
equal to the occasion. for no sooner did he assume
Wo and sod the Was r 10
brother OF summons, the complainant mepyioned.
I'm the meantime Wood who was determined not TO
be thus summariy whsked out OF hts fat placer,
applied for another Injunction 10 Judge Cardo2o aud
got 1t. Friday evening at seven O'Clock II was
served upon Morrssey and duly read out for his
IAN right, gentlemen y said John. ~ am good,
command Of that injunction. ] was appointed
ceiver here but the fact is, gentlemen my occupa
toms gone for there IL nothing more to receive,
the whole concern Is soldr
This was a cruel disappointment and provoked
much heavy swearing; and now, what's To be done
next IL an awkward question, for n the first
injunction granted by Cardozo be declared
null and void, as 1t Is expected 10 win.
the last one ny Barnard Will fall INTO the same GAIA
CORY, and this lottery business viii to withdraw
liz brazen presence from the courts be prose-
cuted, and from the temper OF Its managers 1t is
likely to become q regular Kilkenny cat affair. fts
ventilation, however, liz sure 10 take place and
very curious Developments may be expected there
from.
What JudRc Barnard Snys.
A HERALD reporter called on Judge Barnard yes.
terday to ascertain his views the subject, with
the following RESULT
REroRTER - What were the circumstance attend
ing the appointment OF Mr.. Morrssey as receiver in
the lottery concern diflcuitys
Judge BARNARD--Well, there 10 very little to COM
nlunicatc In addition to what appears In the legal