The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1871-06-16
COURT or GENERAL SESSIONS.
Before Recorder Hackett,

LOTTERY POLICY DEALERS IN COURT.
The first case called by Colonel Fellows yesterday
was an Indictment against Frederick Z. Luthy,
Jointly indicted with John M. Lohr and Eugene
Koehler, charged with gambling. Before the de-
PENDANTS pleaded their counsel incrposed the OBJ
lection that the nature OF the lottery be out
In the Indictment. The Court overruled the cbec.
ton, after which plea OF not guilty was recorded
and the jury sworn. The only witness examined
was John Dayton, who said he was the complain.
ant. He stated that on the 18th OF October, $780,
ne went into the office 240 Greenwich street, or
which Luthy told him that he Was the proprietor,
ami pul chased paper purporting To be policy
ticket. 1t was bought from the defendant koehler
for which he paid So 90; 1t contained three num-.
beers, which 1t appeared IRON The description gwen
by the witness OF the policy game turned out TO be
lucky ticket emitting him to SlS7 so. Luthy was
standing oy policy writer when the ticket was
bought. In the afternoon Dayton, learning by the
drawing that he had made a 'hif," proceeded 10
Luthy's office anu handed him the lucky ticket: the
floor, remarking, "YOu are entitled to twenty one
dollars eigntyseven cents" Dayton claimed that
he had won straight. .,su gig'" which was worth
$780, and four "cr0ss gigs" which would entlLle
him TO SS7 50. Luthy SAID. II Shall only pay you
Tor a cross gfg.'"
The complainant was crossexamined at great
length and said That since lie mad been In New York.
for eighteen months, he occasionally played policy,
coming from Providence, where ne mad been an
stood that the two tickets he bought were ON the
Kentucky and Alabama public lotteries, which were
advertised, ana that he knew nothing Of private
lottery.
eugene Koenler, a co-defendant, was called by
the Defence but the Distric; Attorney objected
to hts beng sworn. The Recorder, alter argument,
was inclined to overdue the objection, but for the
present sustained It, and refused to allow the wit
ness TO be examined.
Counsel for Lutny then moved that the Court IN.
struct the jury TO acquit on the ground OF
between the proof anu the Indictment 1t alleging
that the ticket was a document In the nature or a
bet upon the drawn NUMBERS or private lottery,
whereas the complainant distinctly stated thai the
ticket was upon public lottery
Mir. Fellows in reply stated that lotteries OF every
description were forbidden py law IN TINS state and
that the statement of the witness that this was not
private lottery was a question OF law to be dc.
cIded by the exact construction OF the amended
statute Of 1855.
After dtscursive argument by counsel on both
SIDES the Recorder said that he was conscentiously
OF the opinion that technical verdict Of not guilty
should be rendered on the ground OF variance De.
tween the proof aud the indictment ana, according
70 his instruction. Tie jury pronounced such yer.
dict.
His Honor then directed the complainant to 90 be-
fore the Grand Jury at once, and later In the AFTER
noon they brought in an amended bill, upon which
the defendants We're arralgned and pleaded not
guilty, Mr. Fellows announced that the case would
be positively tried on Monday.
DISCHARGE OF THE GRAND JURY.
me foreman EN-, a OF the grand inquest announced
fore them, and were accordingly discharged with
The thanks OF the Court.
James MCGUIRE who was jointly indicted with
James smith pleaded guilty 70 an attempt at burg
larry in the third degree me warehouse OF BENJAMIN
s. Weeks, II and 70 Beach street, was broken into
and twenty four cakes OF "copper" worth $780, st0len
The prisoner was remanded for sentence.
Charles Wilson, who was charged with stealing
roll OF carpet worth sxty.lve dollars, on the 22d
OF May, the property OF Thomas Z. Doremus, was
acquitted the evidence being insufficient to sustain
the charge.
BURGLARY IN A BROADWAY SHOE STORE.
Edward Jackson was tried and convicted OF burg
larry In the thIId degree, he having on 10th or
June, with confederate broke into the shoe store
OF Gustav u. Burgrar, corner Of Broadway and
Forty.dfth street, when $500 worth or goods were
stolen. The prisoner had escaped arrest TIL q
month ago, when the complainant who was juror
In this court, recognized Jackson, he being sum.
The prisoner claimed mat TINS was q OF mis-.
taken identity, and SAID he was employed on pilot
boat.
ON motion the sentence was postponed TIL Friday.